Notwithstanding other provisions of this section, a purchasing agent in conjunction with the Town Manager and Council President providing funds are available in the budget, may make a purchase without solicitation bids or quotes under the following circumstances:
(A) When there exists, under emergency conditions, a threat to public health, welfare or safety.
(B) When there exists a unique opportunity to obtain supplies at a substantial savings.
(C) At an auction.
(D) Data processing contracts or license agreements for (i) software programs, or (ii) supplies or services, when only one source meets the town's reasonable requirements.
(E) When compatibility of equipment, accessories or replacement parts is a substantial consideration in the purchase and only one source meets the town's reasonable requirements.
(F) When the purchase of the required supplies under another purchasing method would seriously impair the functioning of the town.
(G) When the purchasing agent has solicited for a purchase under another purchasing method described in this section and has not received a responsive offer.
(H) When the market structure is based on price but the purchasing agent is able to receive a dollar or percentage discount of established price.
(I) When there is only one available source for the supplies and the purchasing agent has determined this in writing.
(J) When the purchase is made from a person who has a contract with a federal agency or state agency and the person's contract with the agency requires the person to make the supplies available to a political subdivision
(K) When the federal government disposes of surplus property pursuant to I.C. 4-13-1.7 but pursuant to the requirements of I.C. 5-22-10-16.
(L) When supplies may be acquired by accepting a gift for the town.
(M) When any other special purchasing method is applicable pursuant to I.C. 5-22-10.
(N) When the purchase is being made for one of the Town's municipally owned utilities and the Town Council has determined not to use the provisions of this section for the given purchase. In this case, the purchasing agent shall use the purchasing method prescribed by the town council for such purchase.
(Ord. 2015-09, passed 7-27-2015)