Sec. 6. (a) As used in this section, “goods and services” does not include the following:

(1) Utilities and taxes.

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Terms Used In Indiana Code 4-35-11-6

  • Contract: A legal written agreement that becomes binding when signed.
  • minority: means a member of a minority group (as defined in Indiana Code 4-35-11-3
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
(2) Financing costs, mortgages, loans, or other debt.

(3) Medical insurance.

(4) Fees and payments to a parent or an affiliated company of a permit holder or other fees and payments for goods and services supplied by nonaffiliated persons through an affiliated company for the use or benefit of the permit holder.

(5) Rents paid for real property or payments constituting the price of an interest in real property as a result of a real estate transaction.

     (b) Notwithstanding any law or rule to the contrary, the commission shall establish goals for permit holders concerning contracts for goods and services with minority business enterprises and women’s business enterprises. The goals under this subsection must be equal to goals set by the commission under IC 4-33-14-5 for contracts awarded for goods or services.

     (c) A permit holder shall submit quarterly reports to the commission that outline the total dollar value of contracts awarded for goods and services and the percentage of contracts awarded to minority and women’s business enterprises.

     (d) A permit holder shall make a good faith effort to meet the requirements of this section and shall quarterly, unless otherwise directed by the commission, demonstrate to the commission at a public meeting that an effort was made to meet the requirements.

     (e) A permit holder may fulfill not more than seventy percent (70%) of an obligation under this chapter by requiring a vendor to set aside a part of a contract for minority or women’s business enterprises. Upon request, the permit holder shall provide the commission with proof of the amount of the set aside.

As added by P.L.233-2007, SEC.21.