The following are the purchasing rules for Boone County, Indiana.
(A) Protection of offers; status of documents as public records.
(1) Protection of offers prior to opening. The purchasing agent(s) shall retain all offers received in a secure location prior to the date and time at which offers will be opened in order 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(s) 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(s) shall prepare a register of proposals for each request for proposals issued which shall contain information concerning the proposals which are available for public inspection and copying, as outlined by the Indiana State Purchasing Law in I.C. 5-22-9-5. Disclosure of proposals may be performed only under the guidelines of the same statute or as the same is amended, from time to time. Proposals may not be disclosed.
(B) Discussions with offerors responding to a request for proposals. The purchasing agent(s) 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.
(1) When the Board of Commissioners makes a written determination that its in the county’s best interests, offers may be opened after the time stated in the solicitation.
(2) 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 $25,000. The purchasing agent(s) may not require evidence of financial responsibility when the estimated cost of a purchase is less than $25,000.
(2) Purchases between $25,000 and $100,000. The solicitation may include a requirement that an offeror provide evidence of financial responsibility. If evidence of financial responsibility is required, the solicitation 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.
(3) Purchases over $100,000. 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.
(4) Small business set-asides. The purchasing agent(s) may determine that no evidence of financial responsibility shall be required for a small business set-aside purchase.
(E) Use of RFP for purchases of designated types of supplies. The county determines that:
(1) When it is either not practicable or advantageous for purchasing agents to purchase certain types of supplies by sealed competitive bidding; and
(2) Receiving of proposals is the preferred method for purchasing supplies, then purchasing agent should request assistance or permission from the Commissioners before doing so. In essence, the position of the county is to request competitive bids, proposals or quotes, unless otherwise decided in writing.
(F) General rules applicable to Boone County, Indiana. The Boone County Commissioners, to permit those purchasing agents designated by County Ord. 98-13, to procure day-to-day supplies necessary for operation of county government for county government offices without having to seek extra input for such purposes from the County Commissioners, as the designating body for purchasing agents, (i.e. pencils, paper, notebooks, data processing supplies and the like and, in the case of the County Highway Department, those purchases or leases necessary for repair and maintenance of County Highways). It is the policy of Boone County, in conjunction with the Boone County Council, that those parties designated as purchasing agents may pursue the office supplies, as necessary, subject to the availability of funds in their annually-approved operating budget as approved for that particular office of county government.
(G) Modification and termination of contracts.
(1) Price adjustments. The purchasing agent(s) may include provisions to permit price adjustments in a purchase 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 the 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 be mutually agreed upon.
(e) In the absence of agreement by the parties, price adjustments must be computed by a unilateral determination by the governmental body of the costs attributable to the events or situations under the clauses with adjustment of profit or fee, all as computed by the governmental body in accordance with applicable rules adopted by the governmental body.
(2) Adjustments in time of performance. The purchasing agent(s) may include provisions in a purchase contract concerning adjustments for time of performance under the contract.
(3) Unilateral rights of county. The purchasing agent(s) may include in a purchase contract provisions dealing with the unilateral right of the county to order changes in the work within the scope of the contract or to order temporary work stoppage or delays in time of performance.
(4) Quantity variations. The purchasing agent(s) may include in a purchase contract provisions dealing with variations between the estimated quantities of work in a contract and the actual quantity delivered.
(H) Purchase of services.
(1) The county determines that each county agency, department and office and elected county official may purchase services in whatever manner the purchaser determines to be reasonable.
(2) The county purchasing agency may not require any county agency, department or office, or any county elected official, to purchase services in any particular manner.
(I) Purchase of supplies manufactured in the United States. Supplies manufactured in the united states shall be specified for all county purchases and shall be purchased unless the county determines that:
(1) The supplies are not manufactured in the United States in reasonably available quantities;
(2) The prices of the supplies manufactured in the United States exceeds by an unreasonable amount the price of available and comparable supplies manufactured elsewhere;
(3) The quality of the supplies manufactured in the United States is substantially less than the quality of comparably priced available supplies manufactured elsewhere; or
(4) The purchase of supplies manufactured in the United States is not in the public interest.
(Ord. 98-14, passed 9-8-1998)