There are hereby adopted and promulgated the following rules, which shall regulate purchases by each of the purchasing agents hereinabove set forth.
(A) Purchasing agents shall prepare and maintain specifications in accordance with the provisions of I.C. 5-22-5-1 through I.C. 5-22-5-5.
(B) Purchasing agents may purchase services using any procedure the purchasing agency considers and determines appropriate, as provided in I.C. 5-22-6-1 and I.C. 5-22-6-2.
(C) Purchasing agents shall follow the procedures set forth in I.C. 5-22-7, unless another purchasing method is required or authorized by I.C. 5-22, in which case another purchasing method shall be used if so required and may be used if so authorized.
(D) Pursuant to I.C. 5-22-8, and subject to the provisions of I.C. 5-22-8-1(b), a purchasing agent may make a purchase expected to be less than $25,000 on the open market, without notices or bids.
(E) Pursuant to I.C. 5-22-9-1, when a purchasing agent makes a written determination that the use of competitive sealed bidding is either not practicable or not advantageous to the county, the purchasing agent may award a contract using the procedure provided by I.C. 5-22-9 instead of competitive sealed bidding under I.C. 5-22-7.
(F) Pursuant to and in accordance with the provisions of I.C. 5-22-10, a purchasing agent may make a special purchase in the following situations:
(1) When there exists, under emergency conditions, a threat to public health, welfare or safety;
(2) When there exists a unique opportunity to obtain supplies or services at a substantial savings to the county;
(3) At auctions;
(4) Purchase of data processing contracts or license agreements for purchase of software programs or supplies or services, when only one source meets the using agency’s reasonable requirements;
(5) When purchase of the required supplies or services under another purchasing method would seriously impair the functioning of the using agency;
(6) When the purchasing agency has solicited for a purchase under another purchasing method and has not received a responsive offer;
(7) When there is only one source of supply and the purchasing agent determines in writing that there is only one source for the supply; and
(8) As permitted by any other provision on I.C. 5-22-10, upon written approval thereof by the purchasing agency.
(G) Purchasing agents shall comply with the provisions of I.C. 5-22-15-21 for promoting the purchase of supplies manufactured in the United States. Supplies manufactured in the United States shall be specified and purchased unless the purchasing agent determines that any of the following apply:
(1) The supplies are not manufactured in the United States in reasonably available quantities;
(2) The price of the supplies manufactured in the United States exceeds by an unreasonable amount the price of available and comparable supplies manufactured outside the United States;
(3) The quality of the supplies is substantially less than the quality of comparably priced available supplies manufactured outside the United States; or
(4) The purchase of supplies manufactured in the United States is not in the public interest.
(Ord. O-C-98-5, passed 7-6-1998)