(A) Designation. Pursuant to the provisions of I.C. 5-22 (“the Act”), the Board of Commissioners is hereby designated the Purchasing Agency for the county.
(1) The Board of Commissioners hereby designates the following persons as Purchasing Agents to make small purchases of $50,000 or less, pursuant to the provisions of I.C. 5-22-8 et seq., for, and on behalf of, the county;
(a) Each elected county official;
(b) Each circuit, superior, and county court judge;
(c) The County Highway Super- intendent;
(d) The chairperson, president, or presiding official of each county board, commission, council, department, or other governmental body of the county, or the designee of such chairperson, president, or presiding official; and
(e) Such county employees as are designated in writing from time to time.
(2) All purchases made pursuant to the delegation set forth in division (A)(1) above shall be governed by the rules and policies adopted by the Board of Commissioners, as permitted by I.C. 5-22-3-3, and the Act.
(B) Small purchase rules. The rules listed in divisions (C) through (N) below, to be known as the “small purchase rules” for the county, are applicable to all Purchasing Agents authorized by ordinance, or otherwise, to make purchases of supplies for $25,000 or less, but do not apply to such purchases made by the Purchasing Agency, unless expressly provided by the Act.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. With respect to any other word or term used in these rules, those definitions set forth in I.C. 5-22-2 et seq. shall apply.
ACT. The provisions of I.C. 5-22 et seq.
FISCAL BODY. The County Council.
GOVERNMENTAL BODY. The county.
PERSON. An association, business, committee, corporation, fiduciary, individual, joint stock company, joint venture, limited liability company, partnership, sole proprietorship, trust, or another legal entity, organization, or group of individuals.
PURCHASE. To buy, procure, rent, lease, or otherwise acquire.
PURCHASING AGENCY. The Board of Commissioners.
PURCHASING AGENT. Those persons authorized by ordinance of the Board of Commissioners to make purchases for, and on behalf of, the county.
SMALL PURCHASE. A purchase of supplies expected by the Purchasing Agent to be less than $25,000.
SPECIFICATIONS. A description of the physical or functional characteristics or the nature of a supply. All SPECIFICATIONS shall promote overall economy and encourage competition.
SUPPLIES. Includes equipment, goods, and materials, but does not include an interest in real property or services.
(D) Appropriation. No purchase shall be made by a Purchasing Agent except upon sufficient appropriation by the fiscal body.
(E) Artificial division. Purchases may not be artificially divided so as to constitute small purchases or to avoid the solicitation of quotations.
(F) Department of Correction products. Except as otherwise provided by I.C. 5-22-11 et seq., a Purchasing Agent must purchase supplies produced or manufactured by the Department of Correction as listed in the department’s catalog, unless the supplies cannot be furnished in a timely manner.
(G) Rehabilitation center products. Except as otherwise provided by I.C. 5-22-12 et seq., a Purchasing Agent shall purchase articles produced by the state rehabilitation center for the blind and visually impaired under the same conditions as purchases are to be made from the Department of Corrections.
(H) United States. A Purchasing Agent shall purchase supplies manufactured in the United States, unless the governmental body determines that an exemption exists under the provisions of I.C. 5-22-15-21.
(I) Quotations. Purchases of supplies with an estimated cost of less than $5,000 may be made by the Purchasing Agent on the open market without soliciting bids, quotations, or proposals.
(1) Purchasing Agents desiring to purchase supplies estimated to cost more than $5,000, but less than $25,000, shall:
(a) Solicit quotations from at least three persons known to deal in the lines or classes of supplies to be purchased;
(b) Shall mail an invitation to each such person at least seven days before the time fixed for receiving quotes;
(c) Subject to the right of the Purchasing Agent to reject all quotes, such agent shall award a contract to the lowest responsible and responsive offeror; and
(d) If the Purchasing Agent does not receive a quotation from a responsible and responsive offeror, the Purchasing Agent may proceed to purchase the supplies without further bids, quotes, or proposals.
(2) All invitations to quote shall include those specifications necessary to adequately describe the supply to be purchased, and all quotations received shall be opened publicly, in the presence of one or more witnesses, at the time and place specified in the invitation, and shall be made available for public inspection.
(J) Special purchases. A Purchasing Agent may make a purchase of supplies for an amount in excess of $5,000 without receiving bids, quotes, or proposals if the purchase would qualify as a special purchase under I.C. 5-22-10 et seq. which provisions shall govern all such special purchases.
(K) Excess purchases. Subject to appropriation by the fiscal body, a Purchasing Agent may make a purchase of supplies for an amount in excess of $25,000, if the purchase is made from a person who has a contract with a state or federal agency, and the person’s contract with such agency requires the person to make the supplies available to political subdivisions.
(L) Agency contracts. If the Purchasing Agency hereafter elects to contract for the purchase of supplies for use by all county offices and agencies, or if such contracts exist as of the date of adoption of these rules, all Purchasing Agents shall purchase from the person who has the contract with the Purchasing Agency.
(M) Administration. Except as otherwise provided by these rules or another law, ordinance, or regulation, contract and purchasing records are public records subject to public inspection; provided, quotations solicited by a Purchasing Agent shall not be disclosed or made available for public inspection prior to public opening.
(1) Copies of all contract documents shall be maintained by the Purchasing Agency for the longer of five years or the term of the contract.
(2) Contract documents with respect to special purchases shall be governed by this rule and the provisions of I.C. 5-22-10 et seq.
(Ord. 1998-V, passed 6-16-1998; Ord. 1998-VI, passed 6-16-1998)