(A) Introduction. This chapter outlines the Warrick County purchasing policy for the procurement of equipment, goods, materials and services. This chapter does not apply to public works as defined in I.C. 36-1-12 et seq. It follows state purchasing laws but may be stricter than the state law at the discretion of the Warrick County Board of Commissioners. I.C. 5-22-3-3 states: “The purchasing agency of a governmental body may establish written policies for purchases made by the purchasing agency. The written policies may apply to all purchases generally or to a specific purchase as stated in the solicitation for the purchase.” A written policy may supplement this section or a rule adopted by the purchasing agency's governmental body and not be inconsistent with this section or a rule adopted by the purchasing agency's governmental body. The purchasing agent as herein defined shall purchase the equipment, goods, materials and services for all Warrick County departments and offices.
(B) Authority and definitions.
(1) The provisions herein are to be construed consistent with the provisions of I.C. 5-22 and I.C. 36-1-12.
(2) The definitions in I.C. 5-22 shall apply herein unless the context clearly indicates otherwise. Below are some definitions found within this policy.
EMERGENCY. A situation, which threatens injury or death to any person, damage to property or disruption of governmental services.
EQUIPMENT. Any articles or physical resources needed by employees of Warrick County to equip them to perform their job requirements, such as implements, motorized vehicles and tools, and electronic and computerized devices.
GOODS and MATERIALS. Shall both mean any tangible item not otherwise equipment that are needed by employees of Warrick County to perform their job requirements.
MBE. A minority business enterprise.
OFFER. A response to a solicitation.
OFFEROR. A person that submits an offer.
POLICY. The purchasing agency’s or purchasing agent’s written statement of:
1. Purchasing procedure; or
2. Substantive purchasing purposes; that does not have the force and effect of law.
PUBLIC WORKS PROJECT. The construction, reconstruction, alteration, or renovation of a public building, airport facility, or other structure that is paid for out of a public fund or out of a special assessment. The term includes the construction, alteration, or repair of a highway, street, alley, bridge, sewer, drain, or other improvement that is paid for out of a public fund or out of a special assessment. The term also includes any public work leased by Warrick County under a lease containing an option to purchase.
PURCHASE. To buy, procure, rent, lease, or otherwise acquire. The term includes the following activities: description of requirements; solicitation or selection of sources; preparation; and award of contracts.
PURCHASING AGENCY. A governmental body that is authorized to enter into contracts by this section, rules adopted under this section, or by another law. This shall mean the Warrick County Board of Commissioners.
PURCHASING AGENT. The Warrick County Purchasing Department.
SERVICES. The furnishing of labor, time, or effort by a person, not involving the delivery of specific supplies, other than printed documents or other items that are merely incidental to the required performance.
SOLICITATION. The procedure by which Warrick County invites persons to submit an offer to enter into a contract with Warrick County for the purchase or sale of supplies by Warrick County, including invitation for bids, a request for proposals and request for quotes.
SPECIFICATIONS. A description of the physical characteristics, functional characteristics, or nature of materials, and may include a description of a requirement for inspecting, testing, or preparing materials for delivery.
SUPPLIES. Shall include equipment, goods and materials.
WBE. A woman business enterprise.
(3) This section is not intended to be a complete listing of authority and procedure under I.C. 5-22 and I.C. 36-1-12. Any power or authority delineated in I.C. 5-22 or I.C. 36-1-12 is hereby incorporated herein as a discretionary power of the purchasing agency or purchasing agent.
(C) Competitive bids, quotes and price checks.
(1) Purchases less than $50,000 (I.C. 5-22-8-2).
(a) Purchases less than $50,000 require at least three informal verbal or written quotes, including those written quotes received via email and fax, to be submitted directly to the purchasing agent. Quotes may be opened at the Warrick County Board of Commissioners' meeting or may be opened by the purchasing agent in the discretion of the purchasing agent.
(b) In conjunction with the quote, the purchasing agency may require a vendor to provide the following documentation: non-collusion affidavit; equal employment opportunity statement; form of proposal; e-verification documentation; and an acceptance and agreement of terms. The person obtaining the quotes shall record the item quoted, date, vendor, price and name of the person giving the quote (I.C. 5-22-7-9). A bid register may be used to record such information. The information required above shall be attached to the requisition. The purchasing agent shall keep a copy of the requisition and attachments for no less than two years.
(c) The invitation to quote may provide for the recurring purchase of goods, materials, equipment and other supplies governed by I.C. 5-22.
(d) The purchasing agency, in its discretion, may award a quote that is not the lowest amount, taking into consideration what is advantageous to Warrick County, by taking into consideration factors such as: price, quality of service, vendor’s qualifications and reputation, and any other factors it wishes to consider. The Warrick County Board of Commissioners will select the quote it feels will best serve and be in the best interest of Warrick County.
(e) The purchasing agency may cancel an invitation to quote and may reject all bids for any reason. If there are no responsive offerors, the purchasing agent may purchase the items without further bidding under I.C. 5-22-10-10.
(2) Purchases equal to or more than $50,000 and equal to less than $150,000 (I.C. 5-22-8-3).
(a) Purchases ranging from $50,000 to $150,000 will be procured through an informal quote method. Quotes shall be solicited from at least three suppliers known to deal in the lines or classes of supplies to be purchased. In conjunction with the quote, the purchasing agency may require a vendor to provide the following documentation: non-collusion affidavit; equal employment opportunity statement; form of proposal; e-verification documentation; and an acceptance and agreement of terms. The person obtaining the quotes shall record the item quoted, date, vendor, price and name of the person giving the quote (I.C. 5-22-7-9). A bid register may be used to record such information. The information required above shall be attached to the requisition. The purchasing agent shall keep a copy of the requisition and attachments for no less than two years.
(b) The purchasing agent shall mail an invitation to quote at least seven days before the time fixed for receiving quotes (I.C. 5-22-8-3). The lowest responsible and responsive offeror shall be awarded the contract for supplies. The purchasing agent may reject all quotes. If there are no responsive or responsible offerors, the purchasing agent may purchase the items without further bidding under I.C. 5-22-10-10.
(c) The procedure provided for by this section shall apply to routine operation, routine repair, or routine maintenance of existing structures, buildings, or real property if the cost of the public work is estimated to be less than $150,000 (I.C. 36-1-12-4.9).
(3) Purchases more than $150,000 (I.C. 5-22-7).
(a) Formal competitive bidding is required.
(b) Legal advertising is required. The notice shall be published two times, at least one week apart, with the second publication made at least seven days before the date the bids will be opened (I.C. 5-3-1).
(c) Bids are to be opened at the Warrick County Board of Commissioners' meeting or at another authorized public forum.
(D) Miscellaneous provisions.
(1) State bid. Departments must refer to the State Bid List, when applicable, on all items exceeding $1,000. Purchases do not have to be made from the State Bid List, if better pricing can be obtained or if the state does not offer the product needed.
(2) Supplies manufactured in the United States. Pursuant to I.C. 5-22-15-21, supplies manufactured in the United States shall be specified and purchased unless the purchasing agent determines that any of the following apply:
(a) The supplies are not manufactured in the United States in reasonable available quantities;
(b) 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;
(c) The quality of the supplies is substantially less than the quality of comparably priced
(d) The purchase of supplies manufactured in the United States is not in the public’s best interest; or
(e) The purchasing agent decides to cancel the solicitation for any reason.
(3) Faxed or e-mailed quotes, price checks, and bids. Faxed or e-mailed offers may be considered for price checks or informal quotes.
(a) Faxed or e-mailed documents must contain all the requested forms and information set forth by the purchasing agent.
(b) The offeror assumes the risk of malfunctioning equipment, or equipment which does not deliver the fax or e-mail for any reason.
(c) An offeror shall follow-up the faxed or e-mailed information by mailing an original document by United States mail, postage prepaid, on the same date that it is faxed or e-mailed.
(4) All purchasing contracts furnished by the seller shall be submitted to the Warrick County Attorney for review prior to final approval by the Warrick County Board of Commissioners.
(5) Purchasing sources.
(a) The following sources should be contacted before all other sources for purchases of all supplies.
1. Purchases from the Department of Correction (I.C. 5-22-11). A purchasing agent shall purchase from the Department of Correction supplies as listed in the Department’s printed catalog unless the supplies cannot be furnished in a timely manner (I.C. 5-22-11-1-3). Supplies and services purchased under this chapter must meet the specifications and needs of the Warrick County and be purchased at a fair market value (I.C. 5-22-11-2).
2. Purchases of rehabilitation center products (I.C. 5-22-12). A purchasing agent shall comply with the provisions of I.C. 5-22-12 for purchases of supplies from the rehabilitation center established under I.C. 5-22-12-1-3. These provisions are the same as the above provisions cited for the Department of Correction.
3. Purchases from qualified nonprofit agencies for persons with severe disabilities (I.C. 5-22-13). These provisions are the same as the above provisions cited for the Department of Correction.
4. Purchases from MBE and WBE vendors. It is the policy of Warrick County to utilize and give equal opportunity to MBE/WBE vendors. Discrimination against any MBE/WBE shall not be tolerated.
(E) Services (I.C. 5-22-6).
(1) The purchasing agent may contract for services to be provided to a department head or office holder using any procedure deemed appropriate (I.C. 5-22-6-1). Competitive bidding is not required unless mandated by state or federal law.
(2) Warrick County may advertise and/or solicit competitive quotes for any service at the discretion of the office holder or purchasing agent. All contracts for professional services costing $1,500 or more must be in written form and reviewed by the Warrick County Attorney before being brought to the Warrick County Board of Commissioners for approval. A Warrick County office holder or department head shall not sign a professional service agreement without the Warrick County Board of Commissioners' approval, unless otherwise noted below.
(3) Pursuant to I.C. 5-22-6, the purchasing agent may recommend that the Warrick County Board of Commissioners award a service agreement using any procedure the Board deems appropriate. The quotes will be reviewed and evaluated by the Warrick County Board of Commissioners by taking into consideration factors such as: price, quality of service, vendor’s qualification and reputation, and any other factor(s) the Warrick County Board of Commissioners wish to consider. The Warrick County Board of Commissioners will select the quote it feels will best serve and be in the best interest of Warrick County.
(4) Economic development projects pursued by the Warrick County Department of Economic Development are exempt from this division (E), and are not required to obtain the approval of the Warrick County Board of Commissioners before signing a professional service agreement.
(5) Services for public works (i.e. , routine operation, routine repair, or routine maintenance of existing structures, buildings, or real property) shall be governed by those procedures provided by I.C. 5-22 if the cost of the service is estimated to be less than $150,000 (I.C. 36-1-12-4.9).
(F) Lease of equipment. No lease for equipment shall be effective or signed by any office holder or department head without prior approval of the Warrick County Board of Commissioners.
(G) Specifications of supplies (I.C. 5-22-5).
(1) Specifications shall be required for every item over $25,000 to be procured hereunder. Specifications for items less than $25,000 may be satisfied by including on the requisition the make, model, serial number, name of the product or a detailed description of the service.
(2) The purchasing agency shall maintain an indexed file of specifications prepared by or under the authority of its purchasing agent (I.C. 5-22-5-4).
(3) The purchasing agent may proceed under I.C. 5-22-5-5 to a request for specifications when the purchasing agent makes a written determination that the development of specifications by Warrick County is not possible, and the Warrick County Board of Commissioners approve the use of I.C. 5-22-5-5.
(4) All items to be procured shall be F.O.B. Boonville, Indiana, at the location designated in the specifications. Prices must include delivery. No additional monies will be paid for delivery.
(5) In addition to whether time of delivery is a consideration of the award, all insurance requirements shall be stated in the specifications.
(6) Specifications must indicate whether the products are manufactured in the United States.
(7) The specifications shall contain the minimum warranty period required.
(H) Competitive bidding - solicitations (I.C. 5-22-7). Invitation for bids, request for proposals, and request for quotes.
(1) A solicitation may provide that offers will be received and contracts awarded separately for any combination of lines or classes of supplies.
(2) A solicitation may provide that the purchasing agency will award a contract for supplies for an unspecified or estimated number of items at a fixed price per unit and that the contract may contain a formula or method for the escalation of the unit price.
(3) Price. No offeror or bidder shall be allowed to alter or change his/her quote or bid prior to award to the lowest responsible and responsive bidder. After the award, the lowest responsible and responsive bidder may negotiate terms and conditions, except the bid price, more favorable to Warrick County (I.C. 5-22-7-11).
(4) Prohibited additions. The purchasing agent may not accept additions to the contract that are prejudicial to Warrick County or fair competition (I.C. 5-22-7-13).
(5) Approved equals. If the specifications so provide, a bidder or quoter may submit a request for an approved equal before the deadline for approved equal submittal as stated in the specifications.
(6) Discrepancies. If there are errors in the bid or quote, the written words shall control over numbers. Errors may be corrected by the offeror as long as the purchasing agent determines that such errors were unintentional, do not affect fair competition, and are corrected to the advantage of Warrick County. Unit prices shall prevail over extended prices.
(7) Confidentiality. Offerors may request that certain confidential financial information or proprietary information be kept confidential. The product bid and the price shall in all events be subject to the open record law. If such confidentiality is brought into question in any court or agency, the offeror shall defend, indemnify and hold harmless Warrick County in any such proceeding, if requested by the Warrick County Attorney and the purchasing agent.
(8) Withdrawal of offers. An offeror may withdraw his or her offer at any time prior to the opening of the offer. After an offer is opened at the date and time specified, the offer may be withdrawn only upon the consent of the purchasing agent. The following criteria shall be used to determine whether the offeror should be allowed to withdraw its offer:
(a) Financial hardship on the offeror if it is not withdrawn;
(b) Financial hardship on Warrick County if withdrawn;
(c) Availability of the product from another offeror; and
(d) What is the best interest of Warrick County.
(9) Bid documents. The specifications shall state the documents to be submitted with the offer. The purchasing agent may not allow the offeror to submit a bid bond or certified check after the offers are open. Other documents may be supplemented or submitted if the omission is unintentional, does not affect the price, does not substantially affect the fairness in the bidding process, and is approved by the purchasing agent.
(10) Cancellation or rejection (I.C. 5-22-18-2). The purchasing agent may cancel a solicitation or reject all offers, in whole or in part, if the purchasing agent determines it is in the best interest(s) of Warrick County. The reason for cancellation or rejection of all offers must be a part of the contract file. Warrick County may temporarily discontinue services, stop work or alter the scope of services required.
(11) Non-collusion form. The offeror must file an affirmation form pursuant to I.C. 5-22-16-6.
(12) Offers opened after time stated in solicitation (I.C. 5-22-18-3). Offers may be opened after the time stated in the solicitation if both of the following apply:
(a) The purchasing agency makes a written determination that it is in the best interest of Warrick County to delay the opening; and
(b) The day, time and place of the rescheduled opening are announced at the date, time and place of the originally scheduled opening.
(13) Solicitation not required (non-profit agency) (I.C. 5-22-13-2). A purchasing agent may purchase supplies and services without advertising or calling for bids from a “qualified” non-profit agency for persons with severe disabilities, unless the supplies cannot be furnished in a timely manner.
(14) Invitation for bids. (I.C. 5-22-7-2).
(a) An invitation for bids must include:
1. A purchase description describing the supplies or services to be purchased. This includes specifications attached to, or made a part of, the solicitation.
2. All contractual terms and conditions.
3. A statement of the evaluation criteria that will be used, including any of the following: inspection; testing; quality; workmanship; delivery; and suitability for a particular purpose.
4. Time, date and place for opening bids.
5. Whether or not a certified check, bond, or other evidence of financial responsibility is required. A purchasing agent may provide that a certified check, bond or other evidence of financial responsibility is required to be submitted with the offer. If faxing is permitted, it shall be sufficient if a copy of such check, bond or evidence of financial responsibility is included in the fax and the original is placed in the United States mail, postage prepaid, addressed to the purchasing agent before the date offers are to be opened. Checks, bonds and other evidence of financial responsibility shall be required only when required by the invitation for bids at the discretion of the purchasing agent.
6. A statement concerning the conditions under which a bid may be canceled or rejected, in whole or in part, as specified in I.C. 5-22-8-2.
(b) Maintenance of bid information. (I.C. 5-22-7-9).
1. The purchasing agency shall maintain the following information:
A. The name of each bidder;
B. The amount of each bid; and
C. Other information required by state law.
2. All information is subject to public inspection after each contract award (I.C. 5-22-7-9).
(c) Acceptance and evaluation of bids (I.C. 5-22-7-7).
1. Bids must be unconditionally accepted without alteration or correction, except as provided in I.C. 5-22-7-11 through I.C. 5-22-7-13, and evaluated based on the requirements provided in the invitation for bids (I.C. 5-22-7-7).
2. After bid opening, a purchasing agency may not permit changes in bid prices or other provisions of bids prejudicial to the interest of Warrick County or fair competition (I.C. 5-22-7-11).
3. If a bidder inserts contract terms or bids on items not specified in the invitation for bids, the purchasing agent, pursuant to I.C. 5-22-7-12, shall treat the additional material as a proposal for addition to the contract and may do any of the following:
A. Declare the bidder non-responsive.
B. Permit the bidder to withdraw the proposed additions to the contract in order to meet the requirements and criteria provided in the invitation for bids.
C. Accept the proposed additions to the contract, subject to I.C. 5-22-7-13.
D. Contract additions may not be accepted if they are prejudicial to the interest of Warrick County or fair competition (I.C. 5-22-7-3).
(d) A contract must be awarded with reasonable promptness by written notice to the lowest responsible and responsive bidder (I.C. 5-22-7-8).
(e) Except as provided in rule or policy, a purchasing agency must make a written decision to permit the correction or withdrawal of a bid or cancel awards or contracts based on bid mistakes (I.C. 5-22-7-10).
(15) Request for proposals (I.C. 5-22-9).
(a) When a purchasing agent makes a written determination that the use of competitive sealed bidding is either not practicable or not advantageous to Warrick County, the purchasing agent may award a contract using the request-for-proposals process under I.C. 5-22-9.
(b) The purchasing agency shall give public notice of the request for proposals in the manner required by I.C. 5-3-1.
(c) A request for proposals must include the following:
1. The factors or criteria that will be used in evaluation. The only factors that may be used in the evaluation of proposals are those specified in the request for proposals (I.C. 5-22-9-10).
2. A statement concerning the relative importance of price and the other evaluation factors.
3. A statement concerning whether the proposal must be accompanied by a certified check or other evidence of financial responsibility.
4. A statement concerning whether discussions may be conducted with responsible offerors, who submit proposals determined to be reasonably susceptible of being selected for award (I.C. 5-22-9-6)
5. All other evaluation criteria.
(d) An award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the Warrick County, taking into consideration price and the other evaluation factors set forth in the request for proposals (I.C. 5-22-9-7).
(e) If provided in the request for proposals, award may be made to more than one offeror whose proposals are determined in writing to be advantageous to Warrick County, taking into consideration price and other evaluation factors set forth in the request for proposals (I.C. 5-22-9-7).
(I) Special purchases (I.C. 5-22-10).
(1) Special purchases must be made with competition as is practicable under the circumstances. The Warrick County Attorney shall be consulted prior to bringing a special purchase request to the Warrick County Board of Commissioners. A purchasing agent may make a purchase without soliciting bids or proposals as follows:
(a) Emergencies (I.C. 5-22-10-4). A purchasing agent may make a special purchase when there exists, under emergency conditions, a threat to the public health, welfare or safety.
(b) Substantial savings (I.C. 5-22-10-5). A purchasing agent may make a special purchase when there exists a unique opportunity to obtain supplies or services at a substantial savings.
(c) Auction (I.C. 5-22-10-6). A purchasing agent may make a special purchase at an auction.
(d) Data processing contracts or license agreements (I.C. 5-22-10-7). A purchasing agent may make a special purchase of data processing contracts or licensing agreements for:
1. Software programs; or
2. Supplies or services, when only one source meets the using agency's reasonable requirements.
(e) Compatibility of equipment, accessories or replacement parts (I.C. 5-22-10-8). A purchasing agent may make a special purchase when:
1. The compatibility of equipment, accessories, or replacement parts is a substantial consideration in the purchase; and
2. Only one source meets the using agency's reasonable requirements.
(f) Other situations. The purchasing agent may make a special purchase under the following:
1. Threatened impairment of functioning of a Warrick County Department (I.C. 5-22-10-9).
2. Failure to receive a responsive offer through approved purchasing methods (I.C. 5-22-10-10).
3. For the evaluation of supplies or a system containing supplies. This would be to obtain functional information or comparative data (I.C. 5-22-10-11).
4. When the market structure is based on price, but Warrick County is able to receive a dollar or percentage discount of the established price (I.C. 5-22-10-12).
5. Single or sole source supply (I.C. 5-22-10-13). A purchasing agent must determine in writing that there is only one source for the supply.
6. Price equal to or less than federal supply services established by the federal General Services Administration (I.C. 5-22-10-14).
7. Purchase is made from a person who has a contract with a federal agency or state agency, and the person’s contract with the federal agency or state agency requires the person to make the supplies available to the state or political subdivisions (I.C. 5-22-10-15).
8. Transfer of supplies from federal government under (I.C. 5-22-10-16).
9. By accepting a gift (I.C. 5-22-10-17).
(g) Contract files. A purchasing agent shall maintain the contract records for a special purchase in a separate file for a minimum of five years. The file must include a written determination of the basis for the special purchase and the selection of a particular contractor. These records are subject to annual audit by the State Board of Accounts (I.C. 5-22-10-3).
(J) Contracts (I.C. 5-22-17).
(1) This section does not apply to a discounted contractual arrangement for services or supplies funded through a designated leasing entity.
(2) A contract for supplies may be entered into for a period not to exceed four years.
(3) The contract must specify that payment and performance obligations are subject to the appropriation and availability of funds.
(4) Subject to limitations found in I.C. 5-22-17-4, a contract may be renewed any number of times, for terms not longer than the original contract, so long as the contract does not contain any provisions for escalation of the price.
(5) Petroleum products. Pursuant to I.C. 5-22-17-10, a purchasing agent may award a contract for petroleum product to the lowest responsible and responsive offeror or all responsive and responsible offerors. Contracts entered into under this section may allow for the escalation or de-escalation of price.
(6) A cost plus a percentage of cost contracts are prohibited (I.C. 5-22-17-1).
(7) A cost reimbursement contract is allowed if the purchasing agent determines, in writing, that the contract is likely to be less costly than any other contract type, or it is impracticable to obtain the supplies required except under such a contract (I.C. 5-22-17-2).
(8) Late performance clauses are encouraged in all appropriate situations so as to protect Warrick County's interest. Notice of inclusion of this contract provision must be stated in the solicitation (I.C. 5-22-17-6).
(K) Warrick County Department responsibilities.It is the responsibility of each elected office holder and/or department head to ensure full compliance with purchasing policies and procedures.
Each office holder or department head shall:
(1) Utilize the purchasing agent for all purchases of equipment, goods, materials and services for Warrick County offices and departments;
(2) Plan purchasing needs on the basis of time and quantity to enhance cost savings;
(3) Verify that sufficient funds are budgeted or make arrangements for funding prior to initiating a purchase request; and
(4) Be available to participate in evaluating bids and request for proposals when submitted by prospective bidders.
(L) Role of the Warrick County Purchasing Department. The Warrick County Purchasing Department will facilitate efficient and legal purchasing practices within Warrick County. The Warrick County Purchasing Department will ensure that the purchasing policy and procedures of Warrick County are followed in the procurement of equipment, goods, materials and services, and administers an effective program that encourages free and open competition and bidding.
(CC Ord. 1998-6 and 1998-7, passed 6-22-98; BC Res. 2016-12, passed 11-28-16; BC Ord. 2016-30, passed 12-12-16; BC Ord. 2017-26, passed 10-10-17; BC Ord. 2017-30, passed 11- 27-17; BC Ord. 2024-04, passed 3-11-24)