CHAPTER 10. SPECIAL PURCHASING METHODS
IC 5-22-10
Chapter 10. Special Purchasing Methods
IC 5-22-10-1
Purchase without soliciting bids or proposals
Sec. 1. Notwithstanding any other provision of this article, apurchasing agent may make a purchase under this chapter withoutsoliciting bids or proposals.
As added by P.L.49-1997, SEC.1.
IC 5-22-10-2
Competition
Sec. 2. A special purchase must be made with competition as ispracticable under the circumstances.
As added by P.L.49-1997, SEC.1.
IC 5-22-10-3
Contract files; record listing all contracts
Sec. 3. (a) A purchasing agent shall maintain the contract recordsfor a special purchase in a separate file.
(b) A purchasing agent shall include in the contract file a writtendetermination of the basis for:
(1) the special purchase; and
(2) the selection of a particular contractor.
(c) Notwithstanding any other law, a governmental body shallmaintain a record listing all contracts made under this chapter for aminimum of five (5) years. The record must contain the followinginformation:
(1) Each contractor's name.
(2) The amount and type of each contract.
(3) A description of the supplies purchased under each contract.
(d) The contract records for a special purchase are subject toannual audit by the state board of accounts.
As added by P.L.49-1997, SEC.1.
IC 5-22-10-4
Emergency conditions
Sec. 4. (a) A purchasing agent may make a special purchase whenthere exists, under emergency conditions, a threat to public health,welfare, or safety.
(b) The counterterrorism and security council established byIC 10-19-8-1 may make a purchase under this section to preservesecurity or act in an emergency as determined by the governor.
As added by P.L.49-1997, SEC.1. Amended by P.L.123-2002, SEC.9;P.L.22-2005, SEC.3.
IC 5-22-10-5
Savings to governmental body
Sec. 5. A purchasing agent may make a special purchase whenthere exists a unique opportunity to obtain supplies or services at a
substantial savings to the governmental body.
As added by P.L.49-1997, SEC.1.
IC 5-22-10-6
Auctions
Sec. 6. A purchasing agent may make a special purchase at anauction.
As added by P.L.49-1997, SEC.1.
IC 5-22-10-7
Data processing contract or license agreements
Sec. 7. A purchasing agent may make a special purchase of dataprocessing contracts or license agreements for:
(1) software programs; or
(2) supplies or services, when only one (1) source meets theusing agency's reasonable requirements.
As added by P.L.49-1997, SEC.1.
IC 5-22-10-8
Compatibility of equipment, accessories, or replacement parts
Sec. 8. A purchasing agent may make a special purchase when:
(1) the compatibility of equipment, accessories, or replacementparts is a substantial consideration in the purchase; and
(2) only one (1) source meets the using agency's reasonablerequirements.
As added by P.L.49-1997, SEC.1.
IC 5-22-10-9
Purchasing method impairs functioning of agency
Sec. 9. A purchasing agent may make a special purchase whenpurchase of the required supplies or services under anotherpurchasing method under this article would seriously impair thefunctioning of the using agency.
As added by P.L.49-1997, SEC.1.
IC 5-22-10-10
No offer received under other purchasing method
Sec. 10. A purchasing agent may make a special purchase whenthe purchasing agency has solicited for a purchase under anotherpurchasing method described in this article and has not received aresponsive offer.
As added by P.L.49-1997, SEC.1.
IC 5-22-10-11
Evaluation of supplies or system containing supplies
Sec. 11. A purchasing agent may make a special purchase for theevaluation of supplies or a system containing supplies for any of thefollowing reasons:
(1) To obtain:
(A) functional information; or (B) comparative data.
(2) For a purpose that in the judgment of the purchasing agentmay advance the long term competitive position of thegovernmental body.
As added by P.L.49-1997, SEC.1.
IC 5-22-10-12
Governmental discount available
Sec. 12. A purchasing agent may make a special purchase whenthe market structure is based on price but the governmental body isable to receive a dollar or percentage discount of the establishedprice.
As added by P.L.49-1997, SEC.1.
IC 5-22-10-13
Single source for supply; award of contract
Sec. 13. Subject to sections 14 and 15, a purchasing agent mayaward a contract for a supply when there is only one (1) source forthe supply and the purchasing agent determines in writing that thereis only one (1) source for the supply.
As added by P.L.49-1997, SEC.1.
IC 5-22-10-14
General Services Administration price
Sec. 14. A purchasing agent may make a purchase from a personwhen the purchasing agent determines in writing that:
(1) supplies can be purchased from the person or the person'sauthorized representative at prices equal to or less than theprices stipulated in current federal supply service schedulesestablished by the federal General Services Administration; and
(2) it is advantageous to the governmental body's interest inefficiency and economy.
As added by P.L.49-1997, SEC.1.
IC 5-22-10-15
Purchase from person who has contract with federal agency
Sec. 15. (a) A purchasing agent may purchase supplies if thepurchase is made from a person who has a contract with a federalagency and the person's contract with the federal agency requires theperson to make the supplies available to the state or politicalsubdivisions.
(b) A purchasing agent for a political subdivision may purchasesupplies if the purchase is made from a person who has a contractwith a state agency and the person's contract with the state requiresthe person to make the supplies or services available to politicalsubdivisions, as provided in IC 4-13-1.6 or IC 5-22-17-9.
As added by P.L.49-1997, SEC.1.
IC 5-22-10-16
Acquisition of supplies through transfer from federal government Sec. 16. (a) A purchasing agent may acquire supplies if thepurchasing agent determines that the governmental body can obtainthe transfer of the supplies from the federal government underIC 4-13-1.7 at a cost less than would be obtained from purchase ofthe supplies by soliciting for bids or proposals.
(b) A governmental body may not make a purchase under thissection if title to the property will be transferred to the governmentalbody before a sufficient appropriation to pay the costs of thepurchase is appropriated. However, if the supplies will be transferredto the governmental body upon conditional sale or under a lease, alease with option to purchase, or a contract for the use of thesupplies, the governmental body may make the purchase under thissection if there are sufficient funds appropriated to pay theconsideration required for one (1) year of the agreement.
(c) A purchasing agent who purchases or leases surplus federalmaterials shall, at the time of the purchase or lease, or immediatelythereafter, give public notice in accordance with IC 5-3-1.
As added by P.L.49-1997, SEC.1.
IC 5-22-10-17
Acquisition of supplies through acceptance of gift
Sec. 17. A purchasing agent may acquire supplies by accepting agift for the purchasing agent's governmental body.
As added by P.L.49-1997, SEC.1.
IC 5-22-10-18
Special purchase of copyrighted material
Sec. 18. A purchasing agent for a state purchasing agency maymake a special purchase of copyrighted materials to be used,provided, or distributed by a state agency.
As added by P.L.22-1997, SEC.10.
IC 5-22-10-19
Purchase from public utility following independent appraisal
Sec. 19. A purchasing agent may make a special purchase from apublic utility if the purchase or lease price is a negotiated price thatconsiders the results of an independent appraisal that the purchasingagency obtains and an independent appraisal that the public utilityobtains.
As added by P.L.7-1998, SEC.4.
IC 5-22-10-20
Purchase of petroleum products by aviation commissioners orairport authority
Sec. 20. (a) This section applies to the purchase of petroleumproducts by:
(1) a board of aviation commissioners under IC 8-22-2; or
(2) an airport authority under IC 8-22-3.
(b) A purchasing agent may make a special purchase of petroleumproducts if the petroleum products are for resale to the general
public.
As added by P.L.7-1998, SEC.5.