Following are the required purchasing rules for the town:
(A) Purchase of supplies manufactured in the United States. Supplies manufactured in the United States shall be specified for all town purchases and shall be purchased unless the town's Purchasing Agency determines that:
(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 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.
(5) The Purchasing Agency shall be responsible for defining the term "manufactured in the United States".
(6) The items listed in Federal Acquisition Regulation 25.108 (48 CFR 25.108), as amended from time to time, are presumed to not be manufactured in the United States in reasonably available quantities. A copy of the current said CFR may be annexed to the Town Municipal Code as an exhibit.
(B) Purchase of supplies from the Department of Correction. The town 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 Purchasing Agency or its purchasing agent has determined that:
(1) The supplies and services cannot be furnished in a timely manner; or
(2) The supplies and services do not meet the specification and needs of the city; or
(3) The supplies and services cannot be purchased at a fair market price.
The Purchasing Agency shall be responsible for interpreting the terms in this subsection in order to carry out the intent.
(C) Purchase of supplies from the Rehabilitation
Center under I.C. 12-12-3-1. The town shall purchase articles produced by the Rehabilitation Center as listed in the Bureau's printed catalog unless the Purchasing Agency or its purchasing agent has determined that:
(1) The supplies and services cannot be furnished in a timely manner after having given the bureau a reasonable time to produce or supply the articles; or
(2) The supplies and services do not meet the specification and needs of the city; or
(3) The supplies and services cannot be purchased at a fair market price; or
(4) Similar articles are produced by the city.
The Purchasing Agency shall be responsible for interpreting the terms in this subsection in order to carry out the intent. However, once the Purchasing Agent has obtained a written statement from the Bureau that the article described in the catalog cannot be furnished, the agent may obtain the article elsewhere.
(Ord. 98-13, passed 12-8-98)