The following are the purchasing rules for the city:
(A) Protection of offers; status of documents as public records.
(1) Protection of offers prior to opening. The purchasing agent 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.
(2) 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.
(3) Public records status of bids. Bids submitted in response to an invitation for bids must be available for public inspection and copying after the time of the bid opening.
(4) 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.
(B) Discussion with offerers responding to a request for proposals. The purchasing agent may conduct discussions with, and best and final offers may be obtained from responsible offerers who submit proposals determined to be reasonably susceptible of being selected for a contract award.
(C) Delay of opening of offers. When the Common Council makes a written determination that its in the city's best interests, 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 originally scheduled.
(D) Evidence of financial responsibility.
(1) 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.
(2) Purchases between $25,000 and $100,000. The solicitation shall include a requirement that an offerer 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.
(3) Purchases over $100,000. The solicitation shall include a requirement that an offerer 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 coast of the purchase.
(4) Small business set-asides. The purchasing agent may determine that no evidence of financial responsibility shall be required for a small business set-aside purchase.
(E) Use of RFP for purchases of designated types of supplies. The city determines that:
(1) It is either not practicable or not advantageous to purchase certain types of supplies by sealed competitive bidding; and
(2) Receiving proposals is the preferred method for purchasing the following types of supplies:
such supplies as determined in writing by the purchasing agent.
(F) Modification and termination of contracts.
(1) Price adjustments. The purchasing agent may include provisions to permit price adjustments in a purchase contract. The following provisions for price adjustments may be included:
(a) 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;
(b) Price adjustments must be computed by unit prices specified in the contract or subsequently agreed upon;
(c) 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;
(d) Price adjustments must be computed in such other manner as the contracting parties may mutually agreed upon; or
(e) In the absence of agreement by the parties, price adjustments must be computed by a unilateral determination by the governmental body of the costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as computed by the governmental body in accordance with applicable rules adopted by the governing body.
(2) Adjustments in time of performance. The purchasing agent may include provisions in a purchase contract concerning adjustments for time of performance under the contract.
(3) Unilateral rights of city. The purchasing agent may include in a purchase contract provisions dealing with the unilateral right of the city to order changes in the work within the scope of the contract or to order temporary work stoppage or delays in time of performance.
(4) Quantity variations. The purchasing agent may include in a purchase contract provision dealing with variations between the estimated quantities of work in a contract and the actual quantity delivered.
(G) Purchase of services.
(1) The city determines that each city agency, department and officer and elected city official may purchase services in whatever manner the purchaser determines to be reasonable.
(2) The city purchasing agency may not require any city agency, department of office, or any city elected official to purchase services in any particular manner.
(H) Bid requirements.
(1) All bids for municipal works projects exceeding $150,000 in scope shall require the payment of wages as determined by the Wage and Hour Division of the Dept. of Labor of the State of Indiana, and that the contractor bidding on such a project be required to supply health coverage and comply with all federal pension laws with respect to its employees.
(2) Contractor shall further be required to employee and use apprentices which are certified through the Bureau of Apprentice Training.
(3) The above requirements shall appear in all specifications for bids let by the City of Lawrenceburg for projects exceeding $150,000 in scope.
(Ord. 14-1998, passed 7-6-98; Am. Ord. 13-2003, passed 8-4-03)