§ 35.03  PURCHASING POLICIES; PURCHASING AGENCY AND AGENTS.
   (A)   Purchasing policies.
      (1)   Protection of offers; status of documents as public records.
         (a)   Protection of offers prior to opening. The Clerk-Treasurer, or the purchasing agent who receives offers, 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.
         (b)   Unobstructed evaluation of offers. After offers have been opened, the purchasing agent 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.
         (c)   Public records status of bids. Bids submitted in response to an invitation for bids must be made available for public inspection and copying after the time of the bid opening, unless the bid opening is delayed, as authorized in this section or any other statute or ordinance.
         (d)   Register of proposals. The purchasing agent shall prepare a register of proposals for each request for proposals issued, which shall contain information concerning the proposals available for public inspection and copying. Proposals may not be disclosed.
      (2)   Discussions with offerors responding to a request for proposals. The purchasing agent may conduct discussions with parties who are submitting proposals. Final offers may be obtained from responsible offerors who submit proposals and are determined to be reasonably susceptible of being selected for a contract award.
      (3)   Delay of openings of offers. When the Town Council President makes a written determination that it is in the town’s best interest, offers may be opened after the time stated in the solicitation. The date, time, and place of the rescheduled opening must be announced at the time and place of the originally scheduled opening.
      (4)   Evidence of financial responsibility.
         (a)   Purchases less than $25,000. The purchasing agent may not require evidence of financial responsibility when the estimated cost of a purchase is less than $25,000.
         (b)   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.
         (c)   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.
      (5)   Use of RFP for purchase of designated types of supplies. If the Council determines that it is either not practicable or not advantageous to purchase certain types of supplies by sealed competitive bidding, it shall authorize the appropriate purchasing agent to receive proposals.
      (6)   Modification and termination of contracts.
         (a)   Price adjustments. Any purchasing agent for the town may include provisions to permit price adjustments in a purchase contract. The following provisions for price adjustments may be included:
            1.   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;
            2.   Price adjustments must be computed by unit prices specified in the contract or subsequently agreed upon;
            3.   Price adjustments must be computed by costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as specified in the contract or subsequently agreed upon; and/or
            4.   Price adjustments must be computed in such other manner as the contracting parties may mutually agree upon.
         (b)   Adjustments in time of performance. The purchasing agent may include provisions in a purchase contract concerning adjustments for time of performance under the contract.
         (c)   Unilateral rights of the town. The purchasing agent may include in a purchase contract provisions dealing with the unilateral right of the purchasing agent, or the Council, to order changes in the work within the scope of the contract, order temporary work stoppage, or order delays in time of performance.
         (d)   Quantity variations. The purchasing agent may include in a purchase contract provisions dealing with variations between the estimated quantities of work in a contract and the actual quantity delivered.
      (7)   Small purchases.
         (a)   This section applies to all purchases which are defined as small purchases under I.C. 5-22-8-2.
            1.   In the event the purchase is between $5,000 and $25,000, the purchasing agent making the purchase shall receive prices either by phone, in writing, or in person from at least three suppliers.
            2.   The purchasing agent shall keep a file for purchases made under this division (A)(7) with the following information:
               a.   The name, address, and phone number of each supplier who provided a price;
               b.   The price provided by each supplier;
               c.   The supplier chosen and the reason for the choice if the supplier did not provide the lowest price; and
               d.   The reason why fewer than three suppliers were contacted.
      (8)   Required purchases. All purchases made by any purchasing agent or the purchasing agency shall be supplies manufactured in the United States unless there is a specific finding, in writing, that the exceptions set out in I.C. 5-22-15-21 apply.
   (B)   Purchasing agency and agents.
      (1)   The Council is designated as the purchasing agency for the town.
      (2)   The purchasing agency shall have all the powers and duties authorized under I.C. 5-22, as may be amended from time to time by law, or supplemented from time to time by ordinances adopted by the Town Council, and policies adopted by the purchasing agency.