§ 36.07  SMALL PURCHASES POLICY.
   (A)   The Council hereby designates the following persons to serve as purchasing agents for the town:
      (1)   The Clerk-Treasurer;
      (2)   The Town Marshal;
      (3)   The Town Superintendent of Utilities; and
      (4)   Other Town employees which may be designated by the Town Council, from time to time, in writing.
   (B)   Designated town purchasing agents may purchase supplies and services for the town as authorized and in compliance with the Small Purchases Policy as set forth in this section.
   (C)   Policy.
      (1)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
         SMALL PURCHASE.  A purchase of supplies and/or services in an amount less than $50,000.
         SUPPLIES.  Any property, including equipment, goods, and materials.
      (2)   For all small purchases of supplies, the following shall apply.
         (a)   Pricing.
            1.   A purchasing agent shall solicit and compare prices from as many responsible suppliers of supplies as is practical. Responsible supplier shall mean a supplier who has the apparent ability to timely and responsibly deliver the described supplies and who submits a bid or quote conforming in all material respects to the requisite description or specifications. In the event there are three or more available suppliers who are believed to be responsible, a purchasing agent shall solicit and attempt to secure no less than three proposals.
            2.   For all purchases up to $5,000, a purchasing agent, after complying with these policies, may commit to make the purchase.
            3.   For all purchases in excess of $5,000, a purchasing agent shall comply with these policies, but shall have no authority to accept a quote or proposal or otherwise commit the town to the purchase. Formal action by the Council is required for all purchases of supplies over $5,000. A purchasing agent shall purchase from the responsible supplier who submits the lowest responsive bid unless there is a compelling reason to purchase from another, taking into consideration any applicable preferences, past experience, timeliness of delivery, reputation, and standing in the industry or profession.
            4.    Comparison pricing can be obtained via telephone, letter, email, fax, or website.
         (b)   Purchasing preferences.
            1.   For purchases of supplies, the following purchasing preferences may be applied to responsible providers who offer a responsive quote:
               A.    Under I.C. 5-22-15-16, a price preference of 10% is available to suppliers offering supplies that contain recycled materials or post-consumer materials;
               B.   For purchases resulting in a contract, a price preference of 5% is available to suppliers that qualify as a "local Indiana business" as defined in I.C. 5-22-15-20.9; or
               C.   A price preference of 15% is available to suppliers that qualify as an "Indiana small business" pursuant to I.C. 5-22-15-23.
            2.   In assessing whether a bid or quote is responsive, the purchasing agent and/or purchasing agency may evaluate whether the supplies and delivery schedule offered conform in all material respects to the specifications and whether the supplier has complied with all applicable statutes, ordinances, resolutions, or rules pertaining to the award of a public contract.
            3.   A supplier who wants to claim a preference provided by this policy must indicate in the quote which preference is claimed and the supplier must certify that it qualifies for the stated preference. In order to be considered for the Indiana small business preference, suppliers must provide the purchasing agent with information regarding the number of employees employed by the supplier and the average sales and receipts for the prior year.
            4.   The purchasing agent will use the U.S. Small Business Administration Table of Small Business Size Standards in assessing whether a particular supplier qualifies as a small business.
            5.   Suppliers are only eligible to claim one type of preference. The purchasing agent shall follow the procedures outlined in I.C. 5-22-15-10 in assessing purchasing preferences.
         (c)   Preference for supplies manufactured in the United States. As required by I.C. 5-22-15-21, supplies manufactured in the United States shall be specified and purchased by the town unless the purchasing agent determines that any of the following apply:
            1.   The supplies are not manufactured in the United States in reasonably available quantities;
            2.   The price of the supplies manufactured in the United States exceeds by an unreasonable amount the price of available and comparable supplies manufactured outside the United States. For purposes of this section, UNREASONABLE AMOUNT shall mean 15%. Accordingly, if the price of supplies manufactured in the United States exceeds, by 15% or more, the price of available and comparable supplies manufactured outside the United States, the difference in price shall be deemed to be unreasonable and the purchasing agent may specify and/or purchase the supplies manufactured outside the United States;
            3.   The quality of the supplies is substantially less than the quality of comparably priced available supplies manufactured outside the United States; or
            4.   The purchase of supplies manufactured in the United States is not in the public interest.
         (d)   Purchases will not be artificially divided so as to constitute a small purchase.
      (3)   Nothing in this policy shall be interpreted as precluding the purchasing agent from making a special purchase under I.C. 5-22-10.
      (4)   All purchases must be documented by a purchase order, invoice, or receipt in a form and manner acceptable to the purchasing agency and the Clerk-Treasurer.
(Ord. 2018-6, passed 9-11-2018)