(A) A purchasing agency may use the procedures for special purchases in the following instances:
(1) When supplies are purchased at an auction;
(2) When there exists, under emergency conditions, a threat to the public health, safety or welfare;
(3) When a unique opportunity exists to obtain supplies or services at a substantial savings to a governmental body;
(4) To enter into a contract for data processing or license agreements for software programs or when only one source meets the county’s reasonable requirements;
(5) When the compatibility of equipment, accessories or replacement parts is a consideration in the purchase or if only one source meets the county’s reasonable requirements;
(6) When using another purchasing method provided for in this section would seriously impair the functions of the county;
(7) When no offer is received under any other purchasing method provided for in this section;
(8) For the evaluation of supplies or a system containing supplies in order to obtain functional information or comparative date or for a purpose, then in the judgment of the purchasing agent, may advance the long-term competitive position of the governmental body;
(9) When a government discount is available;
(10) When there is only one source for the supply and purchasing agent determines, in writing, that there is only one source for the supply;
(11) When the supplies or services are being provided as a gift; and
(12) A purchasing agency may acquire supplies if the purchasing agency determines that the governmental body can obtain the transfer of the supplies from the federal government under I.C. 4-13-1.7 at a cost less than would be obtained from purchase of the supplies by soliciting for bids or proposals. However, a governmental body may not make a purchase under this section if title to the property will be transferred to the governmental body before a sufficient appropriation to pay the costs of the purchase is appropriated. However, if the supplies will be transferred to the governmental body upon conditional sale or under a lease, a lease with option to purchase, or a contract for the use of the supplies, the governmental body may make the purchase under this section if there are sufficient funds appropriated to pay the consideration required for one year of the agreement. A purchasing agency who purchases or leases surplus federal materials shall, at the time of the purchase or lease, or immediately thereafter, give public notice in accordance with I.C. 5-3-1.
(B) (1) A purchasing agency shall maintain the contract records for a special purchase in a separate file.
(2) The following shall be included in the file:
(a) A written determination of the basis for the special purchase and the selection of a particular contractor;
(b) The contractors name;
(c) The amount and type of the contract; and
(d) A description of the supplies purchased under each contract.
(3) All contracts awarded under this section shall be maintained for a minimum of five years, unless otherwise required by law.
(BC Ord. 2018-002, passed 3-5-2018)