The following are purchasing rules for the town:
(A) Protection of offers; status of documents as public records. Pursuant to I.C. 5-22-18-4, as amended from time to time, all documents submitted to the town in response to a solicitation shall be protected from disclosure and public inspection as follows:
(1) Protection of offers prior to opening. 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) Unobstructed evaluation of offers. 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) Register of proposals. The purchasing agent shall prepare a register of proposals for each request for proposals issued, which shall contain information concerning the proposals, and keep the register available for public inspection and copying. Proposals may not be disclosed.
(4) The purchasing agent may provide in the solicitation that all information in the response to the solicitation claimed to be proprietary must be submitted in an envelope marked "CONFIDENTIAL" and that the offeror must indemnify the town, the Purchasing Agency, and their agents for any claim under the Public Records Law in connection with the offer. The solicitation may also provide that, if the offeror fails to defend the claim that the information is proprietary within five days of notice of a request for disclosure under the Public Records Law, the offeror has waived the claim and consents to disclosure.
(5) All registers of proposals will be kept in the Clerk-Treasurer's Office for five years.
(B) Discussion 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 a contract award.
(C) Delay of opening of offers. When the Purchasing Agency makes a written determination that it is in the town'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.
(D) Evidence of financial responsibility.
(1) Purchases less than $25,000. The purchasing agent may not require evidence of financial responsibility when the estimated cost of a purchase is less than $25,000, without the approval of the Purchasing Agency.
(2) Purchases between $25,000 and $100,000. 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) Purchases over $100,000. The solicitation shall include a requirement that an offeror provide evidence of financial responsibility and 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.
(E) Use of RFP for purchases of designated types of supplies. The Purchasing Agency shall determine when it is either not practicable or not advantageous to purchase certain types of supplies by sealed competitive bidding and receiving proposals is the preferred method for purchasing those supplies.
(F) Modification and termination of contracts.
(1) Price adjustments. The purchasing agent may include provisions to permit price adjustments in a purchase contract. 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; or
(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) Adjustments in time of performance. The purchasing agent may include provisions in a purchase contract concerning adjustments for time of performance under the contract.
(3) Unilateral rights of Purchasing Agency. The purchasing agent may include in a purchase contract provisions dealing with the unilateral right of the town to order changes in the work within the scope of the contract or to order temporary work stoppage or delays in time of performance.
(4) Quantity variations. 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) Publication of notices.
(1) Invitation for bids. All notices of invitation for bids shall be published in accordance with I.C. 5-3-1 as amended. The purchasing agent shall schedule the publication of notice to provide a reasonable amount of time for preparation and submission of bids. The notice will be published two times, at least one week apart. The second publication must occur at least ten days prior to the date the bids will be opened.
(2) Requests for proposals. All notices of request for proposals shall be published in accordance with I.C. 5-3-1 as amended. The purchasing agent shall schedule the publication of notice to provide a reasonable amount of time for preparation and submission of proposals. The notice will be published two times, at least one week apart. The second publication must occur at least ten days prior to the date the proposals will be opened.
(3) Request for specifications. All notices of request for specifications shall be published in accordance with I.C. 5-3-1 as amended. The purchasing agent shall schedule the publication of notice to provide a reasonable amount of time for preparation and submission of proposals. The notice will be published two times, at least one week apart. The second publication must occur at least ten days prior to the date the proposals will be opened.
(4) Electronic notices. Whenever a notice or other material, including specifications, an invitation for bids, request for proposals or request for specifications, is sent by mail, the purchasing agent may also send the notice or other material by electronic means, provided that the transmission of the information is at least as efficient as mailing the information.
(H) Receiving offers.
(1) Opening of offers. Bids received in response to an invitation for bids must be opened publicly in the presence of at least one or more witnesses at the time and place designated in the invitation for bids. Proposals received in response to a request for proposals must be opened so as to avoid disclosure of the contents to competing offerors during the process of negotiation. Proposals received in response to a request for specifications may be opened as specified in the request for specifications.
(2) Electronic receipt of offers. The purchasing agency may receive electronic offers in response to an invitation to bid, request for proposals or request for specifications to the extent allowed by law.
(3) Correction and withdrawal of bids. An offeror may correct inadvertent errors in a bid up to the time at which bids will be opened by supplementing the erroneous bid and submitting a revised bid. A bidder may not supplement an inadvertently erroneous bid after the time at which the bids were opened. A bidder may withdraw a bid containing inadvertent errors up to the time at which bids will be opened and for a period of not more than 24 hours after the time at which the bids were opened.
(4) Cancellation of solicitation. When the purchasing agent makes a written determination that it is in the town's best interests, the purchasing agent may cancel a solicitation or reject all offers, provided that the solicitation included information concerning the procedure for cancellation.
(Ord. 98-13, passed 12-8-98)