§ 33.050  PURCHASING RULES.
   (A)   Purchasing authority.  The Purchasing Agency for the town shall be the Town Council, to make purchases on behalf of the town. The Town Council shall act as the Purchasing Agency for every agency, board, office, branch, bureau, commission, council, department or other establishment of the town.
   (B)   Purchasing agent.  The following are purchasing agents and their purchasing authority; Town Council approval is not required for purchases made within these limits of $1,500:  Town Manager, Water Manager, Marshal and Clerk-Treasurer.
   (C)   Contracts or purchases. Contracts or purchases may not be divided in order to bring any individual portion under the limit set in this section.
   (D)   Emergencies. Purchases may be made by the Town Manager without prior approval from the Town Council in emergency situations requiring repairs to key system components that, if not repaired, would be detrimental to town employees or the public. In such a case, the Town Manager shall immediately notify the Clerk-Treasurer and Town Council President of the emergency situation for approval.
   (E)   Purchases of $1,501 to $50,000. Purchases of $1,501 to $50,000 shall have Purchasing Agency (Town Council) approval before the purchase can be made. The Purchasing Agency (Town Council) may request three quotes from persons known to deal in the line of supplies to be purchased.
   (F)   Purchases of $50,000 to $150,000.  Purchases of $50,000 to $150,000 requires at least three quotes from the person known to deal in the line of supplies to be purchased and:
      (1)   Invitation for quotes must be mailed at least seven day before the time fixed to receive quotes;
      (2)   Contract must be awarded to the lowest responsible and responsive quoter or can reject all quotes; and
      (3)   Non-collusion affidavit (Form F) must be filed with each awarded contract.
   (G)   Purchases over $150,000.
      (1)   Methods. For purchases over $150,000, the Purchasing Agency (Town Council) may make purchases using one of the following methods.
         (a)   Invitation for bids (I.C. 5-22-7);
         (b)   Request for proposals (I.C.5-22-9) (use this if not practical for sealed bids); or
         (c)   Special purchases (I.C. 5-22-10 (emergency conditions).
      (2)   Invitation for bids.
         (a)   Invitation for bids if the purchases exceeds $150,000 shall include the following:
            1.   Description of the project;
            2.   Contractual terms and conditions;
            3.   Statement of bid’s evaluation criteria;
            4.   Time and place of the bid to be opened;
            5.   Statement concerning whether the bid must be accompanied by a certified check or other evidence of financial stability;
            6.   Statement concerning the condition in which a bid may be rejected;
            7.   Bid record for invitation bid Form C; and
            8.   Non-collusion affidavit (Form F) must be filed with each awarded contract.
         (b)   This invitation is required to be published two time at least one week apart, with the second publication at least seven days before the bids will be received.
         (c)   The bids shall be opened publicly in the presence of one or more witnesses at the time and place published in the notice.
         (d)   Bids must be accepted without alteration and evaluated based on the requirements stated in the invitation.
         (e)   A contract must be awarded to the lowest and responsive bidder.
         (f)   A record shall be maintained for public inspection with the following.
            1.   Name of each bidder;
            2.   Amount of each bid; and
            3.   Any other information required by I.C. 5-22.
      (3)   Request for proposal.
         (a)   Request for a proposal (if it is not practical or advantageous to the governmental body) for sealed bids shall have:
            1.   A copy of the request for proposals;
            2.   A list of all persons to whom copies of the request for proposal were given;
            3.   A list of all proposals received, which must include all the following:
               A.   The names and addresses of all offerors;
               B.   The dollar amount of each offer; and
               C.   The name of the successful offeror and the dollar amount of that offeror.
            4.   The basis on which the award was made;
            5.   The entire contracts of the contact file; and
            6.   The Purchasing Agency files out a non-collusion affidavit (Form F).
         (b)   Notice shall be given by newspaper if the event is the receiving of bids. Notice shall be published two times, at least one week apart, with the second publication made at least seven days before the date the bids will be received.
         (c)   The proposal must be opened by an audience of one or more person.
      (4)   Special purchasing. Special purchasing shall be under an emergency condition, a threat to public health, welfare, or safety.
         (a)   Without soliciting bids or proposal;
         (b)   Shall maintain a record listing all contracts for five years:
            1.   Name of each contractor;
            2.   The amount and type of each contract; and
            3.   A description of the supplies purchased.
         (c)   The contract records for a special purchase are subject to annual audit by the SBOA.
         (d)   Non-collusion affidavit (Form F) must be filed with each awarded contract.
   (H)   Services. May be purchased in whatever manner the Purchasing Agency or purchasing agent deems reasonable under the circumstances. It is not necessary to obtain quotes for the purchase of services.
   (I)   Emergencies. Determine if the item is covered by an active warranty program. If the warranty is active, contact the supplier/manufacturer for direction:
      (1)   If the warranty has expired, determine if goods or services are covered by a previously contracted repair facility or service organization. If so, contact that facility or organization for directions; and/or
      (2)   If neither of the above apply, arrangement may be made to make the purchase with as much competition as is practicable under the circumstance.
   (J)   General.
      (1)   Non-collusion affidavit form. The non-collusion affidavit (Form F) must be filed by each offeror prior to the award of any contract.
      (2)   Correction and withdraw of bids.  An offeror may correct inadvertent error in a bid up to the time at which bids will be opened by supplementing the erroneous bid or submitting a revised bid. A bidder may not supplement an inadvertently erroneous bid after the time at which the bids were opened. A bidder may withdraw a bid containing inadvertent error 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.
   (K)   No obligation to award a contract. A purchasing agent or the Purchasing Agency is under no obligation to award a contract, and may reject any or all bids or may cancel a purchase solicitation at any time, at its discretion, when it makes a written determination that it is in the town's best interest.
   (L)   Notices. Notices are required to be published two time at least one week apart, with the second publication at least seven days before the bids will be received in the Banner Graphic and posted on the web page www.cloverdalein.com.
(Prior Code, § 2-111)  (Ord. 1999-10, passed 12-13-1999; Ord. 2014-3, passed 3-11-2014; Ord. 2018-1, passed 7-10- 2018)