(b) As used in this section, “out-of-state business” refers to a business that is not an Indiana business.

(1) An out-of-state business submits an offer for the purchase.

(2) The out-of-state business is a business from a state that gives purchase preferences unfavorable to Indiana businesses.

     (d) Rules adopted under subsection (c) must establish criteria for determining the following:

(1) Whether an offeror qualifies as an Indiana business under the rules.

(2) When another state’s preference is unfavorable to Indiana businesses.

(3) The method by which the preference for Indiana businesses is to be computed.

     (e) Rules adopted under subsection (c) may not give a preference to an Indiana business that is more favorable to the Indiana business than the other state’s preference is to the other state’s businesses.

     (f) Rules adopted under subsection (c) must provide that a contract shall be awarded to the lowest responsive and responsible offeror, regardless of the preference provided under this section, if:

(1) the offeror is an Indiana business; or

(2) the offeror is a business from a state bordering Indiana and the offeror’s home state does not provide a preference to the home state’s businesses more favorable than is provided by Indiana law to Indiana businesses.

As added by P.L.49-1997, SEC.1. Amended by P.L.66-2004, SEC.3.