80 Ind. Admin. Code 8-3-7

Current through September 4, 2024

Section 80 IAC 8-3-7 - Special procurements

Authority: IC 15-13-2-9; IC 15-13-3-8

Affected: IC 4-13-1-17; IC 15-13-2

Sec. 7.

(a) Notwithstanding any other provision of this article, the executive director or his or her designated representative may make or authorize the contracts or purchasing department to make special procurements:

(1) when there exists, under emergency conditions, a threat to public health, welfare, or safety;

(2) when there exists a unique opportunity to obtain supplies at a substantial savings to the commission;

(3) for the procurement of data processing contracts or license agreements for:

(A) software programs; or

(B) supplies, when only one (1) source meets the commission's reasonable requirements;

(4) for contracts for insurance authorized under IC 4-13-1-17 if the annual premium does not exceed five thousand dollars ($5,000);

(5) when:

(A) the compatibility of equipment, accessories, or replacement parts is a substantial consideration in the procurement; and

(B) only one (1) source meets the using department's reasonable requirements;

(6) when procurement of the required supplies under another section of this rule would seriously impair the function of the using department;

(7) when the contracts or purchasing department has:

(A) solicited for a procurement under another section of this rule; and

(B) not received a responsive offer;

(8) when the time periods for performance as determined by the executive director or his or her designated representative would be seriously impaired by bidding, so long as at least two (2) price quotes are obtained; or

(9) when a current contract has expired and the commission has recently tested the market within the previous eight (8) to ten (10) years with a request for proposals or invitation to bid.

(b) Special procurements must be made with such competition as is practicable under the circumstances. In the case of an emergency procurement under subsection (a)(1), a written request to the executive director must be submitted within twenty-four (24) business hours after the purchase.

(c) A written determination of the basis for the special procurement and for the selection of the particular contractor must be included in the contract file.

80 IAC 8-3-7

State Fair Commission; 80 IAC 8-3-7; filed 11/7/2016, 3:46 p.m.: 20161207-IR-080160210FRA

Readopted filed 11/15/2022, 10:12 a.m.: 20221214-IR-080220291RFA