Sec. 13. A price contract must contain the following provisions:

(1) The term of the price contract.

Terms Used In Indiana Code 4-13-1.6-13

  • Contract: A legal written agreement that becomes binding when signed.
  • contractor: means a person awarded a price contract. See Indiana Code 4-13-1.6-1
  • 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.
  • major equipment item: refers to any item that a school corporation considers:

    Indiana Code 4-13-1.6-3

  • price contract: refers to a contract entered into by the department under section 11 of this chapter. See Indiana Code 4-13-1.6-4
  • school corporation: has the meaning set forth in IC 20-18-2-16. See Indiana Code 4-13-1.6-5
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(2) A requirement that the contractor must sell a major equipment item meeting specifications set forth in the solicitation at the price offered for the major equipment item in the contractor’s bid or proposal.

(3) A requirement that the contractor must sell to a school corporation requesting a purchase under the price contract.

(4) Except as provided in the solicitation, a statement specifying that estimates of the number and kind of major equipment item to be purchased do not bind the state to purchase a given number or kind of major equipment item.

(5) A statement specifying that a contractor is not required to sell under the price contract if the number of major equipment items previously purchased exceeds the number of major equipment items estimated in the solicitation for the number of major equipment items to be purchased.

(6) A requirement that the contractor and the school corporation must enter into a separate contract for the purchase of a major equipment item.

(7) A statement specifying that the state is not a party to a contract under subdivision (6).

(8) If the term of the price contract is for more than one (1) year, a statement specifying what constitutes a significant variation from the number of major equipment items or kind of major equipment item to be purchased in the years following the first year of the price contract for purposes of section 14 of this chapter.

As added by P.L.49-1997, SEC.10.

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