Procurement

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 10-19-8-1 may make a purchase under this section to preserve security or act in an emergency as determined by the governor.

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.

Sec. 6. A purchasing agent may make a special purchase at an auction.

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.

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.

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.

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.

• AN RFQ MUST HAVE BEEN DONE WITH NO BIDS RECEIVED TO USE THIS IC.

Sec. 11. A purchasing agent may make a special purchase for the Indiana Code 2015

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.

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

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.

• THIS MAY NOT BE USED FOR SERVICES. ONLY FOR GOODS.

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 inefficiency and economy.

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 Indiana Code 2015

subdivisions, as provided in IC 4-13-1.6 or IC 5-22-17-9.

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.

Sec. 17. A purchasing agent may acquire supplies by accepting a gift for the purchasing agent's governmental body.

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.

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.