(a) This section applies to a qualified agency that:
- (1) participates in or, before January 1, 2022, participated in a pilot project; and
- (2) before the qualified agency's participation in the pilot project, had a QPA awarded by the department to sell supplies or services directly to governmental bodies that the qualified agency currently sells through the third party contractor under the pilot project.
- (b) As used in this section, "department" refers to the Indiana department of administration created by IC 4-13-1-2 .
- (c) As used in this section, "pilot project" refers to a project established by the department through which a qualified agency sells supplies or services covered by this chapter to governmental bodies through a third party contractor that has been awarded a contract by the department under this article.
- (d) As used in this section, "QPA" refers to a quantity purchase agreement.
- (e) After a qualified agency withdraws from the pilot project, at the request of the qualified agency, the department shall award to the qualified agency a QPA for the same supplies or services that the qualified agency provided through the third party contractor. The department shall award a QPA to the qualified agency not later than thirty (30) days after the date of the qualified agency's request.
(f) The department shall award a QPA to the qualified agency:
- (1) without requiring a new procurement under this article; and
(2) under the same terms and conditions, except for pricing, under which the qualified agency previously had a QPA with the department;
if the qualified agency agrees to provide the same supplies or services at a price less than the price provided for the supplies or services under the pilot project as of January 1 of the year the qualified agency withdraws from the pilot project.
- (g) Section 5(b) of this chapter applies to the prices for the supplies and services of the QPA awarded under subsection (f).
- (h) This section does not release a qualified agency from any contractual obligations that it might otherwise owe to the third party contractor.
As added by P.L.166-2022, SEC.2.