Authority: IC 4-13-16.5

Affected: IC 4-13-1-2; IC 4-13-16.5-1; IC 4-13.6; IC 5-22-2-13

Sec. 1. The following definitions apply throughout this article:

1. (1) "Award" means the written determination made by the department, or its designee, of the lowest responsible and responsive bidder; or the responsible offeror whose proposal is determined in writing to be the most advantageous to the governmental body, as defined by IC 5-22- 2-13.
2. (2) "Bidder" means a person who responds to a solicitation.
3. (3) "Commissioner" means the commissioner of the department.
4. (4) "Contract" means any contract awarded by the department, or its designee, for the procurement of goods, supplies, or services, including professional services.
5. (5) "Contract goal" means a targeted amount of IVOSB participation contractually established between the department, or its designee, and the prime.
6. (6) "Contractor" means a person who contracts with a state agency to provide goods or services.
7. (7) "Customary discretion" means usual decisions associated with the certain area of business or profession.
8. (8) "Customary industry practice" mean practices inherited from the past that are accepted and respected by the members of that same business community or industry.
9. (9) "Department" means the Indiana department of administration, as created by IC 4-13-1-2.
10. (10) "IVOSB" means an Indiana veteran owned small business enterprise, as described by IC 4-13-16.5-1.
11. (11) "IVOSB credit" means points received during the solicitation evaluation. Each solicitation shall enumerate the IVOSB credit to be utilized.

12. (12) "Owned and controlled" means the following:

    1. (A) Ownership of at least fifty-one percent (51%) of the enterprise. If the enterprise is a corporation, this includes owning fifty-one percent (51%) of both the corporate voting stock and fifty-one percent (51%) of all outstanding stock.
    2. (B) Control over the management of and active in the day-to-day operations of the business.
    3. (C) An interest in the capital, assets, and profits and losses of the business proportionate to the percentage of ownership.
13. (13) "Prime" means any person who enters into a contract with a governmental body.

14. (14) "Principal place of business" means the entity:

    1. (A) is paying the majority of its payroll (in dollar volume) to residents of Indiana;
    2. (B) is employing Indiana residents as a majority of its employees;
    3. (C) is making a significant capital investment in Indiana; or
    4. (D) has its headquarters in the state of Indiana.
15. (15) "Solicitation" means an invitation to submit an offer to enter into a contract with a governmental body.
16. (16) "State program" means the IVOSB program, as maintained and administered by the department.
17. (17) "Subcontractor" means any person entering into a contract with a prime.

A reference to a federal statute or regulation is a reference to the statute or regulation in effect January 1, 2013.

(Indiana Department of Administration; 25 IAC 9-2-1; filed Feb 28, 2014, 8:05 a.m.: 20140326-IR-025130402FRA; filed Jun 6, 2017, 12:34 p.m.: 20170705-IR-025160265FRA; errata filed May 18, 2020, 9:29 a.m.: 20200603-IR-025200281ACA; readopted filed Oct 20, 2020, 1:55 p.m.: 20201118-IR-025200463RFA)