Ind. Admin. Code tit. 65, r. 2-1-3 – Applicability

Sec. 3. (a) This article applies to every expenditure of commission funds under any contract for goods or services except for the following:

(1) Any contract with a state agency, state official, or any other body corporate and politic of this state.
(2) Employment contracts with individuals.
(3) Contracts for investment or related financial services.
(4) Contracts relating to the retail sales of lottery tickets.
(5) Contracts for goods or services provided as part of, or related to, a lease of real property.
(6) Amendments, modifications, or extensions of existing contracts, unless the predominate purpose of an amendment or modification is to avoid the applicability of this article.
(7) Contracts for personal or professional services.
(8) Contracts for employee benefits and related services.
(9) Contracts for market studies and research related services.
(10) Contracts for sponsorships, promotions, and advertising placement.
(11) The acquisition of electricity, gas, water, or other goods and services from utilities.
(12) Subcontracts entered into by commission contractors.

(b) In determining the applicability of this article to a specific contract, the substantial purpose of the contract shall be controlling. This article shall not apply if the acquisition of goods or services is not the substantial purpose of the contract.

(State Lottery Commission; 65 IAC 2-1-3; emergency rule filed Jul 20, 1989, 4:10 p.m.: 12 IR 2293; emergency rule filed Sep 5, 1989, 3:20 p.m.: 13 IR 91; emergency rule filed Dec 9, 1996, 4:00 p.m.: 20 IR 962; readopted filed Nov 30, 2001, 11:02 a.m.: 25 IR 1268; emergency rule filed Jul 26, 2007, 11:03 a.m.: 20070808-IR-065070473ERA; readopted filed Nov 14, 2007, 3:02 p.m.: 20071212-IR-065070656RFA; emergency rule filed Jun 28, 2013, 1:13 p.m.: 20130710-IR-065130297ERA; readopted filed Nov 21, 2019, 1:49 p.m.: 20191218-IR-065190507RFA; readopted filed May 26, 2023, 8:01 a.m.: 20230621-IR-065230294RFA)