65 IAC 2-1-3 - Applicability
Authority: IC 4-30-3-7; IC 4-30-3-9
Affected: IC 4-30-3-16; IC 4-30-8
Sec. 3.
(a) This
article applies to every expenditure of commission funds under any contract for
goods or services except for the following:
(1) Any contract with a state agency, state
official, or any other body corporate and politic of this state.
(2) Employment contracts with
individuals.
(3) Contracts for
investment or related financial services.
(4) Contracts relating to the retail sales of
lottery tickets.
(5) Contracts for
goods or services provided as part of, or related to, a lease of real
property.
(6) Amendments,
modifications, or extensions of existing contracts, unless the predominate
purpose of an amendment or modification is to avoid the applicability of this
article.
(7) Contracts for personal
or professional services.
(8)
Contracts for employee benefits and related services.
(9) Contracts for market studies and research
related services.
(10) Contracts
for sponsorships, promotions, and advertising placement.
(11) The acquisition of electricity, gas,
water, or other goods and services from utilities.
(12) Subcontracts entered into by commission
contractors.
(b) In
determining the applicability of this article to a specific contract, the
substantial purpose of the contract shall be controlling. This article shall
not apply if the acquisition of goods or services is not the substantial
purpose of the contract.
Notes
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