Section 80IAC8-3-3. Small purchases; quotes

   (a) Small purchases, as described under subdivisions (1) and (2), shall be processed under the following provisions:

(1) Purchases of five thousand dollars ($5,000) or less as follows:

(A) A procurement with an estimated cost not exceeding five thousand dollars ($5,000) may be made under the procedure outlined in this section.

(B) The purchasing department shall invite quotes from at least one (1) person known to deal in the supplies or purchased services to be procured.

(C) The purchase description and date that quotes are due shall be communicated to the person invited to submit the quote. Means of communication may include mail, telephone, electronic mail, or facsimile machine.

(D) The purchasing department may consider an advertised price in a catalog, newspaper advertisement, radio commercial, television commercial, online, or other media communication to be a quote received by the commission. The commission must know of the advertised price at the time quotes are due.

(E) If a responsive quote is received, the purchasing department shall procure the item from the lowest responsive and responsible contractor.

(F) If no responsive quote is received from a responsible contractor, the purchasing department is authorized to procure the item on the open market without further invitations for quotes.

(2) Purchases of five thousand dollars and one cent ($5,000.01) to fifty thousand dollars ($50,000) as follows:

(A) A procurement with an estimated cost between five thousand dollars and one cent ($5,000.01) and fifty thousand dollars ($50,000) may be made under the procedure outlined in this section.

(B) Quotes shall be invited from at least three (3) persons known to deal in the supplies or purchased services to be procured.

(C) The purchase description and the date that quotes are due shall be communicated to the person invited to submit the quote. Means of communication may include mail, telephone, electronic mail, or facsimile machine.

(D) The purchasing department may consider an advertised price in a catalog, newspaper advertisement, radio commercial, television commercial, online, or other media communication to be a quote received by the commission. The commission must know of the advertised price at the time quotes are due.

(E) If responsive quotes are received, a contract shall be awarded to the lowest responsive and responsible contractor.

(F) If no responsive quote is received from a responsible contractor, the commission reserves the right to repeat the process described in this section or make a special procurement under section 7(a)(7) of this rule.

  (b) Procurement requirements and purchases may not be artificially divided so as to constitute a small purchase under this section.

  (c) When two (2) or more quotes are equal, the commission shall ensure that any applicable purchasing preferences that have been claimed by the person submitting the quote as set forth in 80 IAC 8-2-3 have been included in the evaluation of the quotes.

  (d) If, after review under subsection (c), the quotes remain equal, the award shall be made by utilizing the following preferences:

(1) An Indiana business.

(2) An Indiana small business.

(3) An Indiana farm product.

(4) A past positive working relationship with the commission.

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