CHAPTER 1. DEPARTMENT OF ADMINISTRATION
IC 4-13
ARTICLE 13. ADMINISTRATIVE MANAGEMENT
OF STATE SERVICES, EMPLOYEES, PURCHASES,
AND PROPERTY
IC 4-13-1
Chapter 1. Department of Administration
IC 4-13-1-1
Short title; "state agency" defined; use of department services by
other entities
Sec. 1. (a) This chapter shall be known and may be cited as the
"Administration Act of 1961".
(b) As used in this chapter, "state agency" means an authority,
board, branch, commission, committee, department, division, or other
instrumentality of the executive, including the administrative,
department of state government. The term "state agency" does not
include the judicial or legislative departments of state government,
nor does that term include a state educational institution.
(c) Notwithstanding subsection (b), the following entities may,
with the consent of the commissioner of the department of
administration, use the services of the department:
(1) The judicial department of state government.
(2) The legislative department of state government.
(3) A state educational institution.
(4) A political subdivision (as defined in IC 36-1-2-13).
(5) A body corporate and politic created by statute.
(Formerly: Acts 1961, c.269, s.1.) As amended by Acts 1981, P.L.32,
SEC.2; P.L.28-1983, SEC.2; P.L.14-1984, SEC.1; P.L.2-2007,
SEC.33.
IC 4-13-1-2
Creation of department; commissioner; officers and employees
Sec. 2. There is hereby created a department of state government
which shall be known as the Indiana department of administration,
referred to in this chapter as the department; and which shall consist
of a commissioner as its executive head and of such officers and
employees which shall be appointed or employed in such department.
The commissioner shall be appointed by the governor and he shall
hold office at the pleasure of the governor. The commissioner shall
be well versed in administrative management and in the affairs of
state government which by law are the responsibility of the governor,
and shall in no manner affect the separate judicial and legislative
departments of state government which by law and the Constitution
of the State of Indiana are under the jurisdiction and are the
responsibility of other state elected officials. The compensation of
the commissioner shall be fixed and determined by the state budget
agency subject to the approval of the governor.
(Formerly: Acts 1961, c.269, s.2.) As amended by Acts 1981, P.L.32,
SEC.3.
IC 4-13-1-3
Divisions of department
Sec. 3. (a) The department consists of the following divisions:
(1) General services.
(2) Property management.
(3) Information services.
(4) Public works.
(5) State land office.
(b) The commissioner may do the following:
(1) Organize the department and its divisions.
(2) Transfer or merge functions between divisions in the
interest of economy and efficiency.
(3) Terminate certain divisions within the department whenever
possible.
(c) The commissioner may exercise direction and supervision over
the divisions in the performance of their respective functions, subject
to the approval of the governor.
(Formerly: Acts 1961, c.269, s.3; Acts 1971, P.L.26, SEC.1.) As
amended by Acts 1981, P.L.30, SEC.1; Acts 1981, P.L.32, SEC.4;
P.L.26-1989, SEC.2; P.L.7-1993, SEC.3; P.L.49-1997, SEC.4.
IC 4-13-1-4
Duties and functions
Sec. 4. The department shall, subject to this chapter, do the
following:
(1) Execute and administer all appropriations as provided by
law, and execute and administer all provisions of law that
impose duties and functions upon the executive department of
government, including executive investigation of state agencies
supported by appropriations and the assembly of all required
data and information for the use of the executive department
and the legislative department.
(2) Supervise and regulate the making of contracts by state
agencies.
(3) Perform the property management functions required by
IC 4-20.5-6.
(4) Assign office space and storage space for state agencies in
the manner provided by IC 4-20.5-5.
(5) Maintain and operate the following for state agencies:
(A) Central duplicating.
(B) Printing.
(C) Machine tabulating.
(D) Mailing services.
(E) Centrally available supplemental personnel and other
essential supporting services.
The department may require state agencies to use these general
services in the interests of economy and efficiency. The general
services rotary fund is established through which these services
may be rendered to state agencies. The budget agency shall
determine the amount for the general services rotary fund.
(6) Control and supervise the acquisition, operation,
maintenance, and replacement of state owned vehicles by all
state agencies. The department may establish and operate, in the
interest of economy and efficiency, a motor vehicle pool, and
may finance the pool by a rotary fund. The budget agency shall
determine the amount to be deposited in the rotary fund.
(7) Promulgate and enforce rules relative to the travel of
officers and employees of all state agencies when engaged in
the performance of state business. These rules may allow
reimbursement for travel expenses by any of the following
methods:
(A) Per diem.
(B) For expenses necessarily and actually incurred.
(C) Any combination of the methods in clauses (A) and (B).
The rules must require the approval of the travel by the
commissioner and the head of the officer's or employee's
department prior to payment.
(8) Administer IC 4-13.6.
(9) Prescribe the amount and form of certified checks, deposits,
or bonds to be submitted in connection with bids and contracts
when not otherwise provided for by law.
(10) Rent out, with the approval of the governor, any state
property, real or personal:
(A) not needed for public use; or
(B) for the purpose of providing services to the state or
employees of the state;
the rental of which is not otherwise provided for or prohibited
by law. Property may not be rented out under this subdivision
for a term exceeding ten (10) years at a time. However, if
property is rented out for a term of more than four (4) years, the
commissioner must make a written determination stating the
reasons that it is in the best interests of the state to rent property
for the longer term. This subdivision does not include the power
to grant or issue permits or leases to explore for or take coal,
sand, gravel, stone, gas, oil, or other minerals or substances
from or under the bed of any of the navigable waters of the state
or other lands owned by the state.
(11) Have charge of all central storerooms, supply rooms, and
warehouses established and operated by the state and serving
more than one (1) agency.
(12) Enter into contracts and issue orders for printing as
provided by IC 4-13-4.1.
(13) Sell or dispose of surplus property under IC 5-22-22, or if
advantageous, to exchange or trade in the surplus property
toward the purchase of other supplies, materials, or equipment,
and to make proper adjustments in the accounts and inventory
pertaining to the state agencies concerned.
(14) With respect to power, heating, and lighting plants owned,
operated, or maintained by any state agency:
(A) inspect;
(B) regulate their operation; and
(C) recommend improvements to those plants to promote
economical and efficient operation.
(15) Administer, determine salaries, and determine other
personnel matters of the department of correction ombudsman
bureau established by IC 4-13-1.2-3.
(16) Adopt rules to establish and implement a "Code Adam"
safety protocol as described in IC 4-20.5-6-9.2.
(17) Adopt policies and standards for making state owned
property reasonably available to be used free of charge as
locations for making motion pictures.
(18) Administer, determine salaries, and determine other
personnel matters of the department of child services
ombudsman established by IC 4-13-19-3.
(Formerly: Acts 1961, c.269, s.4; Acts 1967, c.195, s.1; Acts 1967,
c.279, s.1.) As amended by Acts 1977, P.L.31, SEC.2; Acts 1978,
P.L.13, SEC.1; Acts 1979, P.L.40, SEC.7; Acts 1981, P.L.30, SEC.2;
Acts 1981, P.L.32, SEC.5; Acts 1982, P.L.23, SEC.1; P.L.28-1983,
SEC.3; P.L.24-1985, SEC.1; P.L.26-1989, SEC.3; P.L.18-1991,
SEC.3; P.L.7-1993, SEC.4; P.L.5-1993, SEC.2; P.L.49-1997, SEC.5;
P.L.267-1999, SEC.1; P.L.53-2001, SEC.1; P.L.292-2001, SEC.1;
P.L.177-2005, SEC.5; P.L.11-2005, SEC.1; P.L.214-2005, SEC.4;
P.L.1-2006, SEC.63; P.L.182-2009(ss), SEC.54.
IC 4-13-1-4.1
Repealed
(Repealed by P.L.28-1983, SEC.62.)
IC 4-13-1-4.2
Repealed
(Repealed by P.L.89-2006, SEC.16.)
IC 4-13-1-4.5
Repealed
(Repealed by Acts 1981, P.L.30, SEC.4.)
IC 4-13-1-5
Duties and functions; construction of chapter
Sec. 5. The enumeration of duties and functions, as designated in
section 4 of this chapter, shall not be deemed exclusive nor construed
as a limitation of the powers and authority vested in the department
by other provisions of this chapter. This chapter shall be construed
liberally to effectuate its policies and purposes to improve the
financial, personnel, and managerial activities of state government.
(Formerly: Acts 1961, c.269, s.5.) As amended by P.L.5-1984,
SEC.44.
IC 4-13-1-6
Repealed
(Repealed by P.L.49-1997, SEC.86.)
IC 4-13-1-7
Administrative and procedural rules and regulations
Sec. 7. The commissioner is empowered to adopt, amend, and
promulgate such reasonable administrative and procedural rules and
regulations, not inconsistent with any applicable law of this state, as
he may deem necessary for the effective administration of this
chapter; provided, that all such rules and regulations shall be issued
and promulgated pursuant to the provisions of IC 4-22-2.
(Formerly: Acts 1961, c.269, s.6.) As amended by P.L.5-1984,
SEC.46.
IC 4-13-1-8
Administrative and organizational surveys
Sec. 8. The department is hereby authorized to make
administrative and organizational surveys of the departments,
institutions, boards, commissions, and other agencies to determine
whether the activities thereof are essential to good government and
are being carried on in an economical and efficient manner and
without duplication, for the purpose of determining the feasibility of
improving the administration of state government by the elimination
of unnecessary positions and activities, the avoidance of duplication,
and by the use of improved procedures and organization.
(Formerly: Acts 1961, c.269, s.7.)
IC 4-13-1-9
State reports and publications; curtailment and elimination powers
of commissioner
Sec. 9. The commissioner shall determine the number and
distribution of all state reports and publications: Provided, That said
commissioner shall curtail and eliminate wherever possible all
departmental reports, bulletins and publications.
(Formerly: Acts 1961, c.269, s.8.) As amended by Acts 1979, P.L.40,
SEC.8.
IC 4-13-1-10
Repealed
(Repealed by P.L.3-1989, SEC.18.)
IC 4-13-1-11
Repealed
(Repealed by Acts 1981, P.L.30, SEC.4.)
IC 4-13-1-12
Official bonds of state officers and employees; approval; bonds of
officers or employees of department
Sec. 12. All performance or security bonds required of state
officials or employees, except such bonds as are required of elected
state officials and those under their jurisdiction, shall be approved,
and the amount fixed by the commissioner wherein same is not fixed
by law. The commissioner may require a bond and fix the amount of
any officer or employee of the department or of any other officer or
employee of this state when such may be needed to protect the
interest of the state and where authorized by law.
(Formerly: Acts 1961, c.269, s.11.)
IC 4-13-1-13
Repealed
(Repealed by P.L.1-1991, SEC.10.)
IC 4-13-1-13.1
Repealed
(Repealed by P.L.49-1997, SEC.86.)
IC 4-13-1-13.2
Repealed
(Repealed by P.L.49-1997, SEC.86.)
IC 4-13-1-13.5
Federal surplus property; receipt, storage, and distribution
Sec. 13.5. (a) The Indiana department of administration is
designated as the state agency to receive, store, and distribute federal
surplus property according to the provisions of the Federal Property
and Administrative Services Act of 1949, as amended.
(b) The Indiana department of administration may enter into
cooperative agreements pursuant to Section 203(n) of the Federal
Property and Administrative Services Act, as amended.
(c) As to any property it elects to receive, the Indiana department
of administration shall comply with the requirements of the Federal
Property and Administrative Services Act of 1949, as amended.
As added by Acts 1978, P.L.14, SEC.1.
IC 4-13-1-14
Retirement credits of transferred personnel
Sec. 14. All retirement credits and any other legal rights of
personnel transferred to the department shall not be impaired by Acts
1961, c.269.
(Formerly: Acts 1961, c.269, s.13.) As amended by P.L.5-1984,
SEC.47.
IC 4-13-1-15
Application of law to state agencies and institutions
Sec. 15. This chapter may not be construed to restrict the powers
of the state board of accounts as prescribed by IC 5-11-1 or restrict
the powers and functions of the state police department as prescribed
by IC 10-11-2. This chapter, except IC 4-13-1-4(1) and
IC 4-13-1-4(3), does not apply to the state universities and Ivy Tech
Community College of Indiana.
(Formerly: Acts 1961, c.269, s.15; Acts 1967, c.279, s.2; Acts 1971,
P.L.27, SEC.1.) As amended by Acts 1981, P.L.32, SEC.6;
P.L.5-1995, SEC.2; P.L.2-2003, SEC.13; P.L.127-2005, SEC.3.
IC 4-13-1-16
Public works projects and state purchases; distribution of notice
pertaining to procedures and qualifications
Sec. 16. At least once each year, the department of administration
shall distribute to representatives of the news media throughout
Indiana a notice stating that information concerning:
(1) the notice and bidding procedures for state public works
projects and state purchases of supplies and services; and
(2) the procedures for qualifying as:
(A) a contractor for the design or construction of a state
public works project; or
(B) a vendor for a state purchase of services or supplies;
is available upon request from the department.
As added by P.L.28-1983, SEC.5.
IC 4-13-1-17
Insurance; loss or damage to property
Sec. 17. (a) A state agency may not purchase insurance to cover
loss or damage to property.
(b) This section does not prohibit any of the following:
(1) The purchase of title insurance by a state agency.
(2) The purchase of insurance by a body corporate and politic.
(3) The purchase of insurance to meet requirements for receipt
of federal funds by a state agency.
(4) The requiring of contractors to carry insurance.
(5) The purchase of insurance to cover loss or damage to real
property owned by the public employees' retirement fund or the
Indiana state teachers' retirement fund.
(6) The purchase of insurance to cover loss or destruction of
money or securities under the control of the treasurer of state.
(7) The purchase of insurance by a state agency to cover loss or
damage to exhibits, artifacts, or other materials that are loaned
to the agency.
(8) The purchase of casualty and liability insurance for foster
parents (as defined in IC 27-1-30-4) on a group basis.
As added by P.L.24-1985, SEC.2. Amended by P.L.14-1986, SEC.1;
P.L.28-1987, SEC.1; P.L.29-1987, SEC.1; P.L.28-1989, SEC.1.
IC 4-13-1-18
Disputes and bid protests; procedural rules; judicial review
Sec. 18. (a) The department may adopt rules under IC 4-22-2
providing procedures for disputes and bid protests.
(b) Judicial review of the department's decision in a dispute or bid
protest is available only after exhausting the administrative remedies
set forth in the rules.
As added by P.L.5-1993, SEC.3.
IC 4-13-1-19
Property interests in contract awards
Sec. 19. A bidder or an offeror does not gain a property interest
in the award of a contract by the department unless the bidder or
offeror is awarded the contract and the contract is completely
executed.
As added by P.L.5-1993, SEC.4.
IC 4-13-1-20
Inspection, appraisal, and inventory of property; reports; rules
governing protection and custody
Sec. 20. (a) This section does not apply to property covered under
IC 4-20.5-6-3.
(b) The department shall do both of the following:
(1) Provide for the periodic inspection, appraisal, and inventory
of all of the state's property.
(2) Require reports from each state agency concerning the
property in the custody of each state agency.
(c) The department may adopt rules under IC 4-22-2 to govern the
protection and custody of the property of the state.
As added by P.L.7-1993, SEC.5.
IC 4-13-1-21
Provision of false information; sanctions
Sec. 21. The department may impose any of the following
sanctions if the department determines that a bidder, offeror, or
contractor has knowingly or intentionally provided false information
to the department:
(1) The bidder or offeror may be declared nonresponsive or
nonresponsible.
(2) The department may:
(A) find the contractor in breach of the contract; and
(B) recover all amounts paid under the contract.
(3) The department may bar the bidder, offeror, or contractor
from doing business with the state for a period not to exceed
three (3) years.
As added by P.L.29-1993, SEC.1.
IC 4-13-1-22
Report on professional services contracts
Sec. 22. (a) As used in this section, "professional services" means
the furnishing of services by any of the following:
(1) A person licensed, certified, or registered under IC 25-2.1 or
by any board listed in IC 25-1-5-3.
(2) An attorney.
(3) An expert witness, a court reporter, or an investigator
retained by the state in connection with judicial or
administrative proceedings involving the state.
(4) A minister, priest, rabbi, or another person empowered by
the person's religious faith to conduct religious services or to
provide spiritual counseling or guidance.
(5) A person who performs services, the satisfactory rendition
of which depends upon the person's unique training or skills.
(b) Before August 15 of each year, each state agency shall file
with the commissioner a report concerning the professional services
contracts that:
(1) were awarded by that state agency during the previous state
fiscal year; and
(2) were not procured through the Indiana department of
administration.
(c) Before October 1 of each year, the commissioner shall compile
and make available for public inspection a report concerning the
professional services contracts awarded by each state agency during
the preceding state fiscal year.
As added by P.L.49-1997, SEC.6.
IC 4-13-1-23
Central warehouse for supplies; warehousing and stationery
revolving fund
Sec. 23. (a) As used in this section, "supplies" has the meaning set
forth in IC 5-22-2-38.
(b) The commissioner shall establish a central warehouse.
(c) Whenever the commissioner considers it advantageous to
purchase supplies for use by state agencies for industries or for
general operating purposes, the commissioner may do so and store
the supplies in the state warehouse. The cost of purchasing the
supplies and the expense incident to storing them shall be paid in the
first instance from the warehousing and stationery revolving fund
established by subsection (f).
(d) The commissioner shall keep all state agencies informed of the
supplies available in the warehouse.
(e) The same procedure for requesting supplies from the
warehouse shall be followed as in requesting a purchase of the
supplies except that the request shall specify that the supplies shall
be drawn from the warehouse. The commissioner shall invoice to
each state agency, and file a claim for reimbursement for any
supplies furnished. The commissioner shall add to the actual cost an
amount sufficient to pay for all warehouse and handling charges. The
commissioner may not charge an amount in excess of the actual cost
and expense so as to show a profit in operating the warehouse.
(f) The warehousing and stationery revolving fund is established.
The fund may not exceed six hundred thousand dollars ($600,000).
The fund must be used for the following:
(1) Establishing a central warehouse.
(2) Purchasing supplies when, in the commissioner's opinion, it
is advantageous or essential to the proper and economical
operation of state government.
As added by P.L.49-1997, SEC.7.
IC 4-13-1-24
Quantity purchase agreements for road salt or similar products
Sec. 24. (a) As used in this section, "salt" means road salt or
another product used to treat snow or ice, or both snow and ice.
(b) The department shall award quantity purchase agreements to
vendors for the purchase of salt under IC 5-22.
(c) A quantity purchase agreement awarded under this section
must require the vendor to offer to political subdivisions salt under
the quantity purchase agreement as provided in IC 5-22-17-9.
(d) Political subdivisions:
(1) may participate in the solicitation of purchase of salt by
submitting the estimated volume of use to the department; and
(2) shall be committed to purchasing the minimum fill
percentage submitted for solicitation.
(e) The department may adopt rules under IC 4-22-2 for
management and control of the process by which political
subdivisions may purchase salt.
As added by P.L.54-2009, SEC.1.