CHAPTER 6.5. MINORITY BUSINESS CERTIFICATION
IC 5-16-6.5
Chapter 6.5. Minority Business Certification
IC 5-16-6.5-1
"Disadvantaged business enterprise" defined
Sec. 1. As used in this chapter, "disadvantaged business
enterprise" means a minority business enterprise as defined in
IC 4-13-16.5-1.
As added by P.L.70-1987, SEC.1.
IC 5-16-6.5-2
"Public agency" defined
Sec. 2. As used in this chapter, "public agency" includes the
following:
(1) A political subdivision as defined in IC 36-1-2-13.
(2) A municipally owned utility.
(3) A lessor corporation leasing a school building to a school
corporation under IC 20-47-2 or IC 20-47-3.
(4) A lessor corporation constructing a public facility to be
leased to a political subdivision.
(5) A state agency.
(6) Any entity established by the general assembly as a body
corporate and politic.
As added by P.L.70-1987, SEC.1. Amended by P.L.2-2006, SEC.30.
IC 5-16-6.5-3
"Women-owned business enterprise" defined
Sec. 3. As used in this chapter, "women-owned business
enterprise" means a business that is at least fifty-one percent (51%)
owned and controlled (as defined in IC 4-13-16.5-1) by a woman or
women.
As added by P.L.70-1987, SEC.1.
IC 5-16-6.5-4
False representations by contractor to public agency; breach of
contract
Sec. 4. A contractor who, knowingly or intentionally, falsely
represents to a public agency that the contractor:
(1) is a disadvantaged business enterprise or a women-owned
business enterprise; or
(2) will use the services or commodities of a disadvantaged
business enterprise or a women-owned business enterprise;
is in breach of contract.
As added by P.L.70-1987, SEC.1.
IC 5-16-6.5-5
Penalties for breach of contract
Sec. 5. (a) If a breach of contract occurs under section 4 of this
chapter, the public agency shall suspend all payments to the
contractor under that contract unless it determines that the contractor
made a good faith effort to avoid the breach but was unable to do so.
(b) If the public agency determines that the contractor did not act
to avoid the breach, it may:
(1) rescind the contract and recover all amounts paid under it if
the breach occurs under section 4(1) of this chapter;
(2) recover all amounts paid to the contractor under the contract
that were intended for expenditure with a disadvantaged
business enterprise or a women owned business enterprise if the
breach occurred under section 4(2) of this chapter; or
(3) employ any legal or administrative remedies that the agency
prescribes by rule or in the contract.
As added by P.L.70-1987, SEC.1. Amended by P.L.71-1989, SEC.1.
IC 5-16-6.5-6
Bidding restrictions on contractors breaching contracts
Sec. 6. If a contractor commits a breach of contract under section
4 of this chapter, the contractor is prohibited from bidding on
contracts awarded by any public agency for up to thirty-six (36)
months. The public agency shall determine the period of time during
which the contractor is prohibited from bidding on contracts under
this section.
As added by P.L.70-1987, SEC.1. Amended by P.L.71-1989, SEC.2.