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, a
purchasing agent may make a purchase under this chapter without
soliciting 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 is
practicable 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 records
for a special purchase in a separate file.
(b) A purchasing agent shall include in the contract file a written
determination of the basis for:
(1) the special purchase; and
(2) the selection of a particular contractor.
(c) Notwithstanding any other law, a governmental body shall
maintain a record listing all contracts made under this chapter for a
minimum of five (5) years. The record must contain the following
information:
(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 to
annual 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 when
there exists, under emergency conditions, a threat to public health,
welfare, or safety.
(b) The counterterrorism and security council established by
IC 10-19-8-1 may make a purchase under this section to preserve
security 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 when
there 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 an
auction.
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 data
processing contracts or license agreements for:
(1) software programs; or
(2) supplies or services, when only one (1) source meets the
using 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 replacement
parts is a substantial consideration in the purchase; and
(2) only one (1) source meets the using agency's reasonable
requirements.
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 when
purchase of the required supplies or services under another
purchasing method under this article would seriously impair the
functioning 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 when
the purchasing agency has solicited for a purchase under another
purchasing method described in this article and has not received a
responsive 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 the
evaluation of supplies or a system containing supplies for any of the
following reasons:
(1) To obtain:
(A) functional information; or
(B) comparative data.
(2) For a purpose that in the judgment of the purchasing agent
may advance the long term competitive position of the
governmental 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 when
the market structure is based on price but the governmental body is
able to receive a dollar or percentage discount of the established
price.
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 may
award a contract for a supply when there is only one (1) source for
the supply and the purchasing agent determines in writing that there
is 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 person
when the purchasing agent determines in writing that:
(1) supplies can be purchased from the person or the person's
authorized representative at prices equal to or less than the
prices stipulated in current federal supply service schedules
established by the federal General Services Administration; and
(2) it is advantageous to the governmental body's interest in
efficiency 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 the
purchase is made from a person who has a contract with a federal
agency and the person's contract with the federal agency requires the
person to make the supplies available to the state or political
subdivisions.
(b) A purchasing agent for a political subdivision may purchase
supplies if the purchase is made from a person who has a contract
with a state agency and the person's contract with the state requires
the person to make the supplies or services available to political
subdivisions, 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 the
purchasing agent determines that the governmental body can obtain
the transfer of the supplies from the federal government under
IC 4-13-1.7 at a cost less than would be obtained from purchase of
the supplies by soliciting for bids or proposals.
(b) A governmental body may not make a purchase under this
section if title to the property will be transferred to the governmental
body before a sufficient appropriation to pay the costs of the
purchase is appropriated. However, if the supplies will be transferred
to the governmental body upon conditional sale or under a lease, a
lease with option to purchase, or a contract for the use of the
supplies, the governmental body may make the purchase under this
section if there are sufficient funds appropriated to pay the
consideration required for one (1) year of the agreement.
(c) A purchasing agent who purchases or leases surplus federal
materials shall, at the time of the purchase or lease, or immediately
thereafter, 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 a
gift 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 may
make 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 a
public utility if the purchase or lease price is a negotiated price that
considers the results of an independent appraisal that the purchasing
agency obtains and an independent appraisal that the public utility
obtains.
As added by P.L.7-1998, SEC.4.
IC 5-22-10-20
Purchase of petroleum products by aviation commissioners or
airport authority
Sec. 20. (a) This section applies to the purchase of petroleum
products 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 petroleum
products if the petroleum products are for resale to the general
public.
As added by P.L.7-1998, SEC.5.