(A) Notwithstanding any other provisions of I.C. 36-5-6-6, a purchasing agent may make a purchase without soliciting bids or proposals, if the purchasing agent uses the following special purchasing methods.
(B) A special purchase must be made with such competition as is practicable under the circumstances.
(C) A purchasing agent may make a special purchase:
(1) When there exists, under emergency conditions, a threat to public health, welfare or safety;
(2) Where there exists a unique opportunity to obtain supplies or services at a substantial savings to the governmental body;
(3) At an auction;
(4) Of data process contracts or license agreements for software programs or supplies or services, when only one source meets the using agency’s reasonable requirements;
(5) When:
(a) The compatibility of equipment, accessories or replacement parts is a substantial consideration in the purchase; and
(b) Only one source meets the using agency’s reasonable requirement.
(6) When the purchase of the required supplies or services under another purchasing method provide for in I.C. 5-22 would seriously impair the functioning of the using agency;
(7) When the purchasing agency has solicited for a purchase under other methods provided for in I.C. 5-22 and has not received a responsive offer;
(8) For the evaluation of supplies or a system containing supplies for any of the following reasons: to obtain functional information or comparative date; or for a purpose that in the judgment of the purchasing agent may advance the long-term competitive position of the governmental body;
(9) When the market structure is based on price, but the governmental body is able to receive a dollar or percentage discount of the established price; and
(10) From a public utility if the price is a negotiated price that considers the results of an independent appraisal obtained by the public utility and a separate independent appraisal obtained by the purchasing agent.
(D) A purchasing agent may award a contract for a supply when there is only one source for the supply and the purchasing agent determines in writing that there is only one source for the supply.
(E) A purchasing agent may make a purchase from a person when the purchasing agent determines in writing that:
(1) Supplies can be purchased from the person or the person’s authorized representative at prices equal to or less than the prices stipulated in current federal supply service schedules established by the General Services Administration; and
(2) It is advantageous to the governmental body’s interest in efficiency and economy.
(F) A purchasing agent may purchase supplies if the purchase is from a person who has a contract with a federal agency and the person’s contact with the federal agency requires the person to make the supplies available to the state or political subdivisions.
(G) A purchasing agent for a political subdivision may purchase supplies if the purchase is made from a person who has a contact with a state agency and the person’s contract with the state agency requires the person to make the supplies or services available to political subdivisions.
(H) A purchasing agency may acquire supplies if the purchasing agent determines that the governmental body can obtain the transfer of the supplies from the federal government as federal surplus property at a cost less than would be obtained from the purchase of the supplies by soliciting for bids or proposals.
(1) A governmental body may not make a purchase of federal surplus property if title to the property will be transferred to the governmental body before sufficient funds have been appropriated.
(2) A governmental body may make a purchase of federal surplus property if:
(a) The supplies will be transferred under a conditional sale or lease, a lease with an option to purchase or a contract for the use of the supplies; and
(b) Sufficient funds are appropriated to pay the consideration for one year of the agreement.
(3) A governmental body that purchases or leases surplus federal material shall give notice of the purchase or lease in accordance with I.C. 5-3-1, one time, no later than 30 days after the purchase.
(I) A purchasing agent for a board of aviation commissioners or an airport authority may make a special purchase of petroleum products if the petroleum products are for resale to the general public.
(J) A purchasing agent may acquire supplies by accepting a gift on behalf of the governmental body.
(K) A purchasing agent shall maintain the contract records for a special purchase in a separate file. The contract file for special purchases must contain a written determination of the basis for:
(1) The special purchase; and
(2) The selection of the contractor.
(L) A governmental body shall maintain a record listing all contracts made for special purchases for a minimum of five years. The records must contain:
(1) Each contractor’s name;
(2) The amount and type of each contract; and
(3) A description of the supplies purchased under each contract.
(M) The contract records for a special purchase are subject to annual audit by the state’s Board of Accounts.
(2014 Code, § A3.2(5))