(A) Designation of purchasing agent.
(1) The County Board of Commissioners shall be hereby designated as the purchasing agency for the county for any purchase costing $25,000 or more, and for the purchase of any computer programs and technology, including services related thereto, costing $2,000 or more. The Board of Commissioners, in consultation with the appropriate department head or county office holder, shall determine whether competitive bidding under I.C. 5-22-7, request for proposals under I.C. 5-22-9, or invitation for quotes under I.C. 5-22-8-3 will be used, and how the applicable rules and procedures will be implemented.
(2) For purchases by any county department or county office costing less than $25,000, or for purchases of any computer programs and technology, including services related thereto, costing less than $750, each department head or county office holder shall serve as purchasing agent for their respective department or office.
(3) The Board of Commissioners, as purchasing agency, and each department head or county office holder as purchasing agents, shall prepare, issue, and maintain specifications for use in public purchases, issue and receive bids, proposals, and quotes for supplies and make purchases pursuant to the requirements of I.C. 5-22, except as otherwise provided herein or by subsequent resolution of the Board of Commissioners.
(4) For purchases of supplies costing less than $25,000, it is the determination of the Board of Commissioners that competitive sealed bidding is not practical or advantageous. All purchasing agents for, and on behalf of, the county may use for such purchases requests for proposals using the rules and procedures set forth in I.C. 5-22-9, or invitations for quotes using the rules and procedures set forth in I.C. 5-22-8-3. However, for said purchases, evidence of financial responsibility shall not be required unless, in the discretion of the purchasing agent, the purchase is one for which it would be advantageous for the county to require evidence of financial responsibility. In addition, this provision shall not prevent any purchasing agent from using competitive sealed bidding in the purchase of supplies costing less than $25,000 when the purchasing agent believes the county would benefit from competitive sealed bidding.
(5) Purchasing agents designated herein shall request bids, proposals, and quotations using specifications which encourage the purchase of supplies manufactured in the United States.
(6) Purchasing agents shall purchase from the Department of Correction supplies and services produced or manufactured by the Department under I.C. 11-10-6 as listed in the Department’s printed catalog unless the supplies and services cannot be furnished in a timely manner. Supplies and services purchased under this section must meet the specifications and needs of the purchasing body, and be purchased at a fair market value.
(B) Protection of offers; status of documents as public records.
(1) 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) 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) 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) 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 in accordance with I.C. 5-22-9-5.
(C) Discussions with offerors responding to a request for proposals. The purchasing agent may conduct discussions with, and best and final offers may be obtained from, responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award in accordance with I.C. 5-22-9.
(D) Delay of opening of offers. When the Board of Commissioners make a written determination that its in the county’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 of the originally scheduled opening.
(E) Evidence of financial responsibility.
(1) The purchasing agent may not require evidence of financial responsibility when the estimated cost of a purchase is less than $25,000.
(2) 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.
(3) The solicitation may include a requirement that an offeror provide evidence of financial responsibility and, if required, 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.
(4) The purchasing agent may determine that no evidence of financial responsibility shall be required for a small business set-aside purchase.
(F) Modification and termination of contracts.
(1) The purchasing agent may include provisions to permit price adjustments in a purchase contract. Any one or more of 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 agree upon.
(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 governmental body.
(2) (a) The purchasing agent may include provisions in a purchase contract concerning adjustments for time of performance under the contract.
(b) The County Commissioners, only, may include provisions in a contract which allow for a renewal of a contract for purchase of supplies for not more than a one-year period.
(c) Such an extension may not include any other variation in prices from the original agreement. If any terms other than the extension of time are varied at the time of renewal/extension, then an extension shall not be allowable, and an invitation for quotes, request for proposals, or bidding process must be followed as provided herein.
(3) The purchasing agent may include in a purchase contract provisions dealing with the unilateral right of the county to order, in writing, changes in the work within the scope of the contract, or to order temporary work stoppage or delays in time of performance.
(4) 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.
(G) Purchase of services. The county determines that each county agency, department, and office, and elected county official, may purchase services in whatever manner the purchaser determines to be reasonable, except for services related to computer programs and technology costing $2,000 or more. Except as required by any applicable state or federal law, the county purchasing agent may not require any county agency, department, or office, or any county elected official, to purchase services in any particular manner, except for services related to computer programs or technology costing $2,000.
(H) Small business set-aside purchases. The county hereby determines to establish criteria for determining qualifications as a small business, and to identify specific supplies for small business set-aside purchases under I.C. 5-22-14.
(1) A business qualifies as a small business if it qualifies as a small business under standards established by the State Economic Development Corporation.
(2) Businesses that are not small businesses are as follows:
(a) A wholesale business, if its average annual sales for its most recently completed fiscal year exceeds $4,000,000;
(b) A construction business, if its average annual receipts for the preceding three fiscal years exceeds $4,000,000;
(c) A retail business or business selling services, if its annual sales and receipts exceed $500,000;
(d) A manufacturing business, if it employs more than 100 persons; and
(e) A business in any of the following sectors, if it employs more than 100 persons or if its annual sales exceed $5,000,000:
1. Information technology;
2. Life sciences;
3. Transportation; and/or
4. Logistics.
(I) State business preference.
(1) An offeror is a state business if it is owned or operated, has its principal place of business operations, or is incorporated in the state.
(2) The state business preference shall be applied in accordance with I.C. 5-22-15.
(J) Purchase of supplies manufactured in the United States. Supplies manufactured in the United States shall be specified for all county purchases, and shall be purchased unless the county determines that:
(1) The supplies are not manufactured in the United States in reasonably available quantities;
(2) The prices of the supplies manufactured in the United States exceeds, by an unreasonable amount, the price of available and comparable supplies manufactured elsewhere;
(3) The quality of the supplies manufactured in the United States is substantially less than the quality of comparably priced available supplies manufactured elsewhere; or
(4) The purchase of supplies manufactured in the United States is not in the public interest.
(Ord. 2007-16, passed 12-18-2007)