§ 34.51  PURCHASING RULES.
   (A)   Protection of offers; status of documents as public records
      (1)   Protection of offers prior to opening.  The Purchasing Agent shall retain all offers received in a secure location prior to the date and time at which offers will be opened to prevent disclosure of the contents prior to the opening of the offers.
      (2)   Unobstructed evaluation of offers.  After offers have been opened, the Purchasing Agent shall be responsible for maintaining the offers in such a manner as to permit evaluation of the offers by the persons responsible for evaluating the offers.
      (3)   Public records status of bids.  Bids submitted in response to an invitation for bids must be available for public inspection and copying after the time of the bid opening.
      (4)   Register of proposals.  The Purchasing Agent shall prepare a register of proposals for each request for proposals issued which shall contain information concerning the proposals available for public inspection and copying.  Proposals may not be disclosed.
   (B)   Discussions with offerors responding to a request for proposals.  The Purchasing Agent may conduct discussions with, and best and final offers may be obtained from, responsible offerors who submit proposals determined to be reasonably susceptible of being selected for a contract award.
   (C)   Delay of opening of offers.  When Council makes a reasonable determination that it is in the town’s best interests, offers may be opened after the time stated in the solicitation.  The date, time and place of the rescheduled opening must be announced at the time and place of the originally scheduled opening.
   (D)   Evidence of financial responsibility.
      (1)   Purchases less than $50,000.  The Purchasing Agent may not require evidence of financial responsibility when the estimated cost of a purchase is less than $50,000.
      (2)   Purchases between $50,000 and $150,000.  The solicitation may include a requirement that an offeror provide evidence of financial responsibility.  If evidence of financial responsibility is required, the solicitation may indicate the kind of evidence that will be acceptable.  If a bond or certified check is required, it may not exceed 10% of the estimated cost of the purchase.
      (3)   Purchases over $150,000.  The solicitation shall include a requirement that an offeror provide evidence of financial responsibility, and must indicate the kind of evidence that will be acceptable.  If a bond or certified check is required, it may not exceed 10% of the estimated cost of the purchase.
   (E)   Modification and termination of contracts.
      (1)   Price adjustments.  The Purchasing Agent may include provisions to permit price adjustments in a purchasing contract.  The following provisions for price adjustments may be included:
         (a)   Price adjustments must be computed by agreement on a fixed price adjustment before the beginning of the pertinent performance or as soon after the beginning of performance as possible;
         (b)   Price adjustments must be computed by unit prices specified in the contract or subsequently agreed upon;
         (c)   Price adjustments must be computed by costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as specified in the contract or subsequently agreed upon;
         (d)   Price adjustments must be computed in such other manner as the contracting parties may mutually agree upon; or
         (e)   In the absence of agreement by the parties, price adjustments must be computed by a unilateral determination by the Town Council of the costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as computed by that Council in accordance with applicable rules adopted by that Council.
      (2)   Adjustments in time of performance.  The Purchasing Agent may include provisions in a purchase contract concerning adjustments for time of performance under the contract.
      (3)   Unilateral rights of the town.  The Purchasing Agent may include in a purchase contract provisions dealing with the unilateral right of the town to order changes in the work within the scope of the contract or to order temporary work stoppage or delays in the time of performance.
      (4)   Quantity variations.  The Purchasing Agent may include in a purchase contract provisions dealing with variations between the estimated quantities of work in a contract and the actual quantity delivered.
   (F)   Notices.
      (1)   Invitation for bids.  All notices of invitation for bids for proposals and request for specifications shall be published in accordance with I.C. 5-3-1 in the Huntington Herald-Press.  The Purchasing Agent shall schedule the publication of notice to provide a reasonable amount of time for preparation and submission of bids and proposals and specifications.  The notice will be published two times, at least one week apart.  The second publication must occur at least seven days prior to the date the bids will be opened.
      (2)   Electronic notices.  Whenever a notice or other material, including specifications, an invitation for bids, request for proposals or request for specifications, is sent by mail, the purchasing agent may also send the notice or other material by electronic means, provided that the transmission of the information is at least as effective as mailing the information.
   (G)   Receiving offers.
      (1)   Opening of offers.
         (a)   Bids received in response to an invitation for bids must be opened publicly in the presence of at least one or more witnesses at the time and place designated in the invitation for bids. 
         (b)   Proposals received in response to a request for proposals must be opened so as to avoid disclosure of the contents to competing offerors during the process of negotiation.
         (c)   Proposals received in response to a request for specifications must be opened as specified in the request for specifications.
      (2)   Electronic receipt of offers.  The Purchasing Agent may receive electronic offers in response to an invitation to bid, request for proposals or request for specifications.  An electronic offer may only be received if:
         (a)   The solicitation includes the procedure for the electronic transmission of the offer; and
         (b)   The Purchasing Agency receives the offer on a fax machine or other system with a security feature that protects the contents of an electronic offer with the same degree of protection as provided to an offer not transmitted electronically.
      (3)   Correction and withdrawal of bids.
         (a)   An offeror may correct inadvertent errors in a bid up to the time at which bids will be opened by supplementing the erroneous bid and substituting a revised bid.  A bidder may not supplement an inadvertently erroneous bid after the time at which the bids were opened.
         (b)   A bidder may withdraw a bid containing inadvertent errors up to the time at which bids will be opened and for a period of not more than 24 hours after the time at which the bids were opened.
      (4)   Cancellation of solicitation.  When the Purchasing Agency or Purchasing Agent makes a written determination that it is in the town’s best interests, the Purchasing Agency or Purchasing Agent may cancel a solicitation or reject all offers provided that the solicitation included information concerning the procedure for cancellation.
(Res. 2011-5, passed 11-21-2011)