in-20260805-IR-GOV260265EOA: FOR: SUSPENDING OPERATIONS OF THE SUPPLIER DIVERSITY PROGRAM AND THE CREATION OF THE INDIANA SMALL BUSINESS PROGRAM

STATE OF INDIANA EXECUTIVE DEPARTMENT INDIANAPOLIS EXECUTIVE ORDER: 26-17 FOR: SUSPENDING OPERATIONS OF THE SUPPLIER DIVERSITY PROGRAM AND THE CREATION OF THE INDIANA SMALL BUSINESS PROGRAM TO ALL WHOM THESE PRESENTS MAY COME, GREETINGS. WHEREAS, IC 4-13-16.5 established the State of Indiana's Supplier Diversity Program, including the Minority and Women's Business Enterprises Program and the Governor's Commission on Supplier Diversity, and charges the Indiana Department of Administration (“IDOA”), through the direction of the Office of Management and Budget (“OMB”), with administering certification, compliance, and related procurement preferences; WHEREAS, Article V, § 1 and 16 of the Indiana Constitution vest executive power in the Governor, requiring him to ensure the faithful execution of the laws, and Article XV § 4 further obligates him to swear an oath to support both the Indiana Constitution and the Constitution of the United States as the supreme law of the land; WHEREAS, Executive Order 25-14 requires the executive branch of Indiana to pursue all efforts for compliance with the decision of the United States Supreme Court in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, 143 S.Ct. 2141 (June 29, 2023); WHEREAS, recent legal analyses, including Indiana Attorney General Official Opinion 2026-3 from the Office of the Indiana Attorney General, clearly concludes that the Supplier Diversity Program is inconsistent with state and federal constitutional requirements, including Equal Protection principles; WHEREAS, the Governor has the authority to decline to execute or implement a statute that is clearly unconstitutional, especially when continued enforcement would result in egregious infringement of individuals' constitutional rights, and, in such cases, is justified in directing the discontinuation of the statute's unlawful aspects; WHEREAS, recognition that there are opportunities for Indiana to emphasize the growth and performance of Indiana's small businesses, the Governor finds that an orderly suspension of the current Supplier Diversity Program and an exchange for a more effective program will be in the best interest of the State and its business partners; WHEREAS, Executive Order 05-05 established the Buy Indiana presumption and directed IDOA to increase state procurement from Indiana businesses to ninety percent of total state purchasing; WHEREAS, Indiana's small businesses provide a substantial positive economic impact by employing large numbers of Hoosiers, generating payroll and tax revenues, and serving as a cornerstone of statewide commercial development and long term job growth; and WHEREAS, an Indiana Small Business Program will strengthen procurement opportunities, increase competition, promote statewide economic growth, and provide a transition for eligible businesses formerly certified under the Supplier Diversity Program. NOW, THEREFORE, I, MIKE BRAUN, by virtue of the authority vested in me as the Governor of the State of Indiana, do hereby order the following: Mike Braun Governor of Indiana ATTEST: Diego Morales Secretary of State Legislative Services Agency Fiscal Statement as required by IC 2-5-1.1-7.