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STATE OF INDIANA
EXECUTIVE DEPARTMENT
INDIANAPOLIS

EXECUTIVE ORDER: 13-04

FOR: ESTABLISHMENT OF THE "VETERAN BUSINESS ENTERPRISE PREFERENCE" PRESUMPTION


TO ALL WHOM THESE PRESENTS MAY COME, GREETINGS.

WHEREAS, Hoosiers go above and beyond in answering their nation's call to serve, as demonstrated by Indiana having the fourth largest National Guard in the United States. Therefore, Hoosier veterans deserve our full gratitude and support when they come home after doing their duty;

WHEREAS, Hoosier veterans' current unemployment rate of approximately 16 percent is significantly higher than the national average of 12.1 percent, and Hoosier veterans' median income of $31,211 is significantly less than the national veterans' median income of $35,367;

WHEREAS, state government should encourage entrepreneurship of veterans by promoting procurement of state contracts with Indiana veteran-owned businesses;

WHEREAS, the Department of Administration (DOA) has the ability to increase contracting opportunities for Indiana veteran-owned businesses similar to the great strides that have been made, within existing state purchasing law, for women- and minority-owned businesses; and

WHEREAS, when our tax dollars are spent on goods and services provided by Indiana veteran-owned businesses, our State benefits by keeping those dollars in state and increasing employment opportunities for those who made great sacrifices while contributing to the security of our country.

NOW, THEREFORE, I, Michael R. Pence, by virtue of the authority vested in me as Governor of the State of Indiana, do hereby order that:

1. The DOA shall undertake efforts to increase contracting opportunities for Indiana veteran-owned businesses by setting a goal to procure 3 percent of state contracts with such companies.

2. In furtherance of such efforts, the Commissioner of DOA shall, as soon as practicable following the date hereof, develop procurement policies and procedures to give effect to the "Veteran Business Enterprise Preference" presumption. Such policies and procedures, which shall be subject to the Governor's approval, shall set forth the guidelines (and any de minimis or other exceptions thereto) to be followed by state agencies in conducting their procurement efforts on the basis of the "Veteran Business Enterprise Preference" presumption.

3. The DOA shall also promulgate rules and, if necessary, recommend such legislative reform as may be necessary to implement more fully this "Veteran Business Enterprise Preference" presumption.

4. This Executive Order shall not be deemed to authorize any state agency, as defined by Ind. Code § 4-13-1-1, to conduct its purchasing functions in a manner contrary to applicable law, nor shall it create any right or benefit, substantive or procedural, enforceable at law or equity by any person against the State, its agencies or instrumentalities, its officers or employees, or any other person.

5. This Executive Order shall not apply to procurement of supplies and services to address immediate and serious government needs at a time of emergency, including without limitation a threat to the public health, welfare, or safety such as may arise by reason of floods, epidemics, riots, acts of terrorism, major power failures, or such other threat as may be proclaimed by the President of the United States, Governor, or otherwise determined by the Commissioner of DOA.

IN TESTIMONY WHEREOF, I, Michael R. Pence, have hereunto set my hand and caused to be affixed the Great Seal of the State of Indiana on this 14th day of January 2013.

Michael R. Pence
Governor of Indiana

SEAL
ATTEST: Connie Lawson
Secretary of State

Posted: 02/06/2013 by Legislative Services Agency

DIN: 20130206-IR-GOV130032EOA
Composed: Jul 22,2014 4:00:43PM EDT
A PDF version of this document.