Purchase Amount | Procedure | Final Approval Required Form |
Purchase Amount | Procedure | Final Approval Required Form |
Purchases more than $150,000 (See I.C. 5-22-7) | A purchasing agent shall follow the procedures below in awarding a contract for supplies unless another purchasing method is required or authorized under I.C. 5-22 et seq. Invitation for bids shall mean all documents, whether attached or incorporated by reference, used for soliciting bids. I.C. 5-22-2-14. Invitation for Bids (See I.C. 5-22-7-2): The purchasing agent shall issue an invitation for bids, which must include each of the following: • A purchase description. • All contractual terms and conditions that apply to the purchase. • The time and place for opening bids. • A statement concerning whether bids must be accompanied by a certified check or other evidence of fiscal responsibility that may be imposed in accordance with the county's rules, policies, or practices. • A statement concerning whether a bid may be cancelled or rejected in whole or in part. • A statement of criteria that will be used to evaluate bids. Notice of Invitation for Bids (See I.C. 5-22-7-5) • Invitations must meet public notice publication requirements. (See I.C. 5-3-1). • The county may provide electronic access to the notice through the computer gateway administered by the State Office of Technology or any other electronic means available to the county. Potential Bid Evaluation Criteria may include: • Inspection of samples or prototypes • Testing of samples or prototypes • Quality of samples or prototypes • Workmanship of samples or prototypes • Delivery • Suitability for a particular purpose • Evaluation criteria that will affect bid prices and be considered in the evaluation for an award must be objectively measurable (See I.C. 5-22-7-3). • Only criteria specified in the invitation for bids may be used in the bid evaluation process. (See I.C. 5-22-7-4). Opening, Accepting, and Awarding Bids: • Bids must be opened by the purchasing agency: o Publicly; o In the presence of one or more witnesses; and o At the time and place designated in the invitation for bids. o See I.C. 5-22-7-6. • Generally, bids must be unconditionally accepted without alteration or correction (See I.C. 5-22-7-7). The following exceptions may apply: o If a bidder inserts contract terms or bids on items not specified in the invitation for bids, the purchasing agent must treat the additional terms as a proposal for addition to the contract and either: • Declare the bidder nonresponsive; • Permit the bidder to withdraw the proposed additions in order to meet the requirements provided in the invitation to bid; or • Accept any of the proposed additions. o If the purchasing agency decides to accept proposed additions, the additions must not be prejudicial to the interest of the county or fair competition. That decision must be supported by a written determination by the purchasing agency. (See I.C. 5-22-7-11) o A decision to permit a change to the requirements of the invitation for bids must be supported by the written determination of the purchasing agency citing the basis therefor. • A contract shall be awarded with reasonable promptness by written notice to the lowest responsible and responsive bidder. (See I.C. 5-22-7-8). Maintaining Information (See I.C. 5-22-7-9): • The purchasing agency must maintain the following: o The name and address of each bidder; o The amount of each bid; and, o Other information required by statute, rules or practices adopted by the county. The foregoing information is subject to public inspection after the contract is awarded. All records shall be maintained by the respective Elected Official, purchasing agent, or by the County Commissioners for purchases made by County Department Heads under the direct supervision of the Commissioners. Copies of such documents shall be forwarded to the County Auditor timely upon the Auditor's request. | Board of Commissioners |
Purchases at least $50,000 and not more than $150,000 (See I.C. 5-22-8) | • A purchasing agent may invite quotes from at least three persons known to deal in the lines or classes of supplies to be purchased. • Invitations for quotes shall be in writing and mailed/emailed to those three persons at least seven days before the time fixed for receiving quotes. All quotes should be submitted in written form and submitted to the purchasing agent in a sealed form with identifying information as to the quote on the exterior envelop or container. • All quotes shall be opened by the purchasing agency on the date and at the time set out in the invitation. • If a satisfactory quote is received, the purchasing agency shall award the contract to the lowest responsible and responsive offeror or reject all quotes. If the purchasing agency rejects all quotes, the reasons for such rejection(s) should be entered into the file of documents involved in the invitation to quote. • If the purchasing agent does not receive a quote from a responsible and responsive offeror, the purchasing agent may purchase the supplies under I.C. 5-22-10-10. • I.C. 5-22-10-10 states that a purchasing agent may make a special purchase when the purchasing agency has solicited for a purchase under another purchasing method (the one described herein above) and has not received a responsive offer. In such an instance, the purchasing agent will not need to further solicit bids or proposals in order to comply with the Act. | Board of Commissioners |
Less than $50,000 | All purchases for which the amount of the ultimate expenditure is reasonably estimated to be less than $50,000 may be made by: Purchases more than $25,000 and less than $50,000. • The purchasing agent shall seek out two or three quotes in the open market but failure to do so due to unavailability of potential vendors or otherwise, shall not prevent the purchase from being made. • A manually signed quote must be secured and filed with the requisition. • Failure to obtain more than one quote shall not prevent the purchase from being made nor invalidate a purchase made with only a single quote. | More than $25,000 and less than $50,000. Board of Commissioners |
Purchases of $25,000 or less: • The purchasing agent shall seek out two or three quotes in the open market but failure to do so due to unavailability of potential vendors or otherwise, shall not prevent the purchase from being made. • A manually signed quote must be secured and filed with the requisition • The purchasing agent shall be encouraged to solicit competitive prices in the open market, but the manner of such solicitation will be left to the purchasing agent's discretion. • Failure to obtain more than one quote shall not prevent the purchase from being made nor invalidate a purchase made with only a single quote. Each Elected Official and/or Department Head, or either of their designees, shall keep a copy of all written quotes received or shall make contemporaneous memoranda of all verbal quotes received. If an Elected Official and/or Department Head decides to keep such memoranda in their own records, then they shall provide in a timely manner copies upon request to the Indiana State Board of Accounts or to the Wayne County Auditor. The methods of collection and maintaining of records and receipts for purchases $25,000 or less shall be left to the discretion of each Elected Official and/or Department Head. | Purchases $25,000 or less - the Department Head or the Elected Official | |
Special Purchases | Special Purchases are described in I.C. 5-22-10, et seq. of less than $50,000. | The public purchasing law recognizes that in certain circumstances the purchase of certain items can be made without competitive quotes, sealed bids or RFPs. However, a special purchase must be with competition as is practical under the circumstances. Refer to attachment "A" as to what qualifies as a "special purchase". |
The purchasing agent, as applicable, shall keep a separate file of all contract documents related to a Special Purchase (See I.C. 5-22-10-3.) The purchasing agent shall assemble such contract documents and forward them to the Commissioners within 30 days after each Special Purchase is completed. | ||
Purchasing Supplies - Alternative Procedures | Requests for Proposals (I.C. 5-22-9 et seq.) Request for Proposals or "RFP" shall mean all documents, whether attached or incorporated by reference, used for soliciting proposals. I.C. 5-22-2-28. This procedure may be used when the Commissioners determine, by their finding, reflected in the minutes of a public meeting of said body, by rule or by policy (any of which must occur prior to issuance of the RFP), that it is not practical or advantageous to purchase a certain type of supply or supplies by competitive bidding, and receiving proposals is the preferred method of purchasing for that supply or those supplies. • A request for proposals must include the following (See I.C. 5-22-9-2): o The criteria that will be used to evaluate the proposals (only the listed criteria may be used to evaluate the proposals). o A statement concerning the relative importance of price as related to the other evaluative criteria. o A statement concerning whether the proposals must be accompanied by a certified check or other evidence of fiscal responsibility, which may be imposed in accordance with other county rules or practices. o A statement concerning whether discussions/negotiations may be conducted with responsible offerors who submit proposals reasonably susceptible of being selected for award. | Board of Commissioners |
• Public notice of a request for proposals must be given in accordance with I.C. 5-3-1. Electronic access to the notice may be provided. • Proposals must be opened in a way that avoids disclosure of their contents to competing offerors during the process of discussions/negotiations. See I.C. 5-22-9-4. • A register of proposals must be prepared by the respective purchasing agent, forwarded to the Board of Commissioners after the completion of the purchase, and must then be open for public inspection after a contract award. See I.C. 5-22-9-5(a). • The register of proposals must contain the following See I.C. 5-22-9-5(b): o A copy of the requests for proposals. o A list of everyone who received copies of the request for proposals. o A list of all proposals received (including names, addresses, dollar amounts of each offer, and the name of the successful offeror and dollar amount of the successful offer). o The basis on which the award was made. o The entire contents of the contract file (subject to redaction of proprietary information). • Language in the request for proposals must include the county's right to engage in discussions and negotiations with any proposer reasonably deemed a potentially successful proposer. See I.C. 5-22-9-6. • An award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the county, taking into consideration price and other evaluation factors. Awards may be made to more than one offeror if so stated in the request for proposals. See I.C. 5-22-9-8. • All persons acting on behalf of the county in performance of functions under this or any other provision of this Purchasing Policy shall be charged with, and abide by, the overarching obligation to deal with all other participants in good faith. See I.C. 5-22-3-1. | ||
Vehicles & Equipment | Vehicles and motorized or other such heavy equipment (e.g., County Highway Department trucks, graders, rollers, pavers, etc.) to be purchased shall first be presented to the Board of County Commissioners by the appropriate County Department Head or elected official. The Board of Commissioners will then forward the proposed purchase(s) to the County's Fleet Management Committee for its review and advisory recommendation to the Commissioners. The Commissioners shall also review the existing budgets for the department or office proposing the purchase(s) to determine if the relevant budgets have available appropriations or funds that can be appropriated to fund the proposed purchase(s). If such funds have not been appropriated or made available for appropriation, the Fleet Management Committee, as part of its review process, shall involve representatives of the County Council to obtain at least an indication of Council's willingness to make such required appropriations necessary to support the estimated costs of the purchase(s). Upon receipt of the Fleet Management Committee's recommendation, and after considering the apparent position of County Council relative to its willingness to approve enabling appropriations to support the purchase(s), the Board of Commissioners will either approve, deny, or modify the proposal for the subject purchase(s). The Commissioners shall not enter into any contract for the purchase(s) unless there is an available appropriation or County Council has committed to make such an appropriation. In the latter case, any such contract entered into on behalf of the county shall contain an express provision that the obligations of the county thereunder are subject to the availability of a duly approved appropriation by the Council (i.e., a non-appropriation clause). | Board of Commissioners, with the advice of the relevant elected official and, if applicable, the County's Fleet Management Committee |
Electronic Transmissions of Material | Pursuant to I.C. 5-22-3-4, whenever this section requires that notice or other material be issued by mail, the material may also be sent by electronic means or by both. The county can receive notice or other material via facsimile machine, by electronic mail, or by means of another electronic system as long as the system has a security feature that protects the content of an electronic offer with the same degree of protection as the content of materials that are not transmitted by electronic means. Use of such electronic means shall comply with applicable procedures and/or requirements set forth in the Act. (See Auditor's Office or County Attorney for further guidance on procedures.) | This applies exclusively to purchasing of supplies, equipment, services, and professional services. |
(Ord. 2022-013, passed 12-28-2022)