Terms Used In Indiana Code > Title 5 > Article 22 - Public Purchasing

• absolute preference: means a requirement that a governmental body must purchase supplies described under this chapter, regardless of price. See Indiana Code 5-22-15-2
• adjusted offer: means the offer price of an offeror for preferred supplies as determined under section 10 of this chapter. See Indiana Code 5-22-15-3
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Bequest: Property gifted by will.
• bureau: refers to the rehabilitation services bureau of the division of disability and rehabilitative services established under IC 12-12-1-1. See Indiana Code 5-22-12-2
• Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
• commissioner: refers to the commissioner of the department. See Indiana Code 5-22-21-2
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• department: refers to the Indiana department of administration created by IC 4-13-1-2. See Indiana Code 5-22-16.5-2
• department: refers to the Indiana department of administration created by IC 4-13-1-2. See Indiana Code 5-22-21-3
• energy sector of Iran: includes any activity to develop petroleum or natural gas resources or nuclear power in Iran. See Indiana Code 5-22-16.5-3
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fiduciary: A trustee, executor, or administrator.
• financial institution: has the meaning set forth in Section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172, Indiana Code 5-22-16.5-4
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Highway: includes county bridges and state and county roads, unless otherwise expressly provided. See Indiana Code 1-1-4-5
• in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Iran: includes the government of Iran and any agency or instrumentality of the government of Iran. See Indiana Code 5-22-16.5-5
• Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lien: A claim against real or personal property in satisfaction of a debt.
• list: refers to the list developed under section 9 of this chapter. See Indiana Code 5-22-16.5-6
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• person: means an individual, an incorporated or unincorporated organization or association, the state, a unit of local government, an agency of the state or a unit of local government, or a group of such persons acting in concert. See Indiana Code 5-22-6.5-1
• Personal property: includes goods, chattels, evidences of debt, and things in action. See Indiana Code 1-1-4-5
• Personal property: All property that is not real property.
• Population: has the meaning set forth in Indiana Code 1-1-4-5
• preferred supplies: means supplies that are given a preference under this chapter. See Indiana Code 5-22-15-4
• President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
• price preference percentage: means the percentage preference provided by this chapter for a specified kind or item of supplies. See Indiana Code 5-22-15-5
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Property: includes personal and real property. See Indiana Code 1-1-4-5
• qualified agency: refers to a nonprofit agency for individuals with disabilities (as defined by IC 16-32-2-1(a)) that meets all of the following conditions:

  Indiana Code 5-22-13-1

• rehabilitation center: refers to the rehabilitation center established under IC 12-12-3-1. See Indiana Code 5-22-12-3
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• service: means an action or actions to be performed under authority of the state, a state agency, a body corporate and politic, a state university, a unit of local government, or an agency of a unit of local government permitted by law to be done by its chief officer or governing or legislative body for the convenience or necessity of its citizens, but not including any action that constitutes the exercise of its discretionary powers, an exercise of state sovereignty, or the taking of legislative, quasi-legislative, judicial, or quasi-judicial action. See Indiana Code 5-22-6.5-2
• Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
• small business: means a business that:

  Indiana Code 5-22-14-1

• small business set-aside: means a purchase in which the solicitation states that offers will be accepted only by small businesses. See Indiana Code 5-22-14-2
• Statute: A law passed by a legislature.
• surplus property: means property that is not usable by a state agency as determined under this chapter. See Indiana Code 5-22-21-4
• Testify: Answer questions in court.
• Title III: refers to Title III of HAVA (Indiana Code 3-6-5.1-2
• total adjusted offer: means the sum of the offers and adjusted offers of an offeror for each item of supplies. See Indiana Code 5-22-15-6
• United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
• veteran: includes "Hoosier veteran" and applies to the construction of all Indiana statutes, unless the construction is expressly excluded by the terms of the statute, is plainly repugnant to the intent of the general assembly or of the context of the statute, or is inconsistent with federal law. See Indiana Code 1-1-4-5
• Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5