Authority: IC 4-13-1.3-4

Affected: IC 5-22-15-21

Sec. 5. (a) The statute requires that only United States manufactured products be acquired for public use, except articles, materials, and supplies as determined by the commissioner or designee:

1. (1) for use outside the United States;
2. (2) for which the cost would be unreasonable;
3. (3) for which the preference would be inconsistent with the public interest; or
4. (4) that are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(b) For purposes of determining unavailability, the items listed in Federal Acquisition Regulation 25.104 (48 CFR 25.104) are presumed to be not reasonably available. However, the commissioner or designee reserves the right to determine an item to be available for a particular bid, request for proposal, or other acquisition procedure.

(Indiana Department of Administration; 25 IAC 1.1-3-5; filed Aug 30, 1994, 2:25 p.m.: 18 IR 6; readopted filed Nov 20, 2001, 9:30 a.m.: 25 IR 1265; readopted filed Aug 26, 2008, 8:31 a.m.: 20080910-IR-025080549RFA; readopted filed Oct 31, 2014, 1:19 p.m.: 20141126-IR-025140349RFA; errata filed Sep 9, 2020, 11:02 a.m.: 20200923-IR-025200469ACA; readopted filed Oct 20, 2020, 1:55 p.m.: 20201118-IR-025200463RFA; readopted filed Oct 25, 2024, 12:07 p.m.: 20241120-IR-025240218RFA)