§ 202-204 — Purchasing division; promotion of supplies manufactured in the United States

Sec. 202-204. - Purchasing division; promotion of supplies manufactured in the United States.

(a) The office of finance and management shall include a purchasing division, which shall be the purchasing agency, as that term is defined and used in IC 5-22, for the city and county, and for each of their respective departments, divisions, offices and agencies. (b) The powers and duties of the purchasing division shall include: (1) Acting as the agent in obtaining materials, supplies, equipment or contractual services, other than personal services, for city and county departments, divisions, offices and agencies. Any such department, division, office or agency shall requisition such materials, supplies, equipment or services from the purchasing agent who shall, upon determining that appropriations are available for such purposes, acquire the items requisitioned in accordance with public purchase law. All contracts of purchase shall be made in the name of the city department or division or county office and be subject to the approval of the department, division, office or agency; (2) Establishing such purchasing and contractual procedures as may best be suited to obtain the greatest economic value to the city and the county; (3) Where bidding and publication of notice are required by law, preparing specifications and notice to bidders and seeing that the required notices are published; (4) Ensuring that adequate funds are available prior to making necessary purchases and acquisitions are within the limits of the budget appropriations of the department, division, office or body in need of the material; (5) Acting as the agent of any executive department to sell or exchange any personal property ordered to be sold by a city department or division or county office in accordance with procedures prescribed by law; and (6) Serving as the repository for all executed contracts of the city, the county, each of the city's and county's respective departments, divisions, offices and agencies, the city-county council except as provided by section 151-93(4) of the Code, the circuit court, Marion Superior Court, and the prosecuting attorney, and maintaining a database on these contracts listing all contracting parties and encumbrances; and (7) Exercising any other powers which may be granted by statute or ordinance or delegated by the mayor. (c) To promote the purchase of supplies manufactured in the United States as set forth in IC 5-22-15-21, the city and county, and each of their respective departments, divisions, offices and agencies, shall specify and purchase supplies manufactured in the United States unless the purchasing agent first determines that any of the following circumstances apply: (1) The supplies are not manufactured in the United States in reasonably available quantities; (2) The price of the supplies manufactured in the United States exceeds by an unreasonable amount the price of available and comparable supplies manufactured outside the United States; (3) The quality of the supplies is substantially less than the quality of comparably priced available supplies manufactured outside the United States; or (4) The purchase of supplies manufactured in the United States is not in the public interest. (d) To promote the policy of the city and county to employ residents of the county who previously were incarcerated for or convicted of a felony, the purchasing division: (1) May afford additional weight to the bids or proposals of business enterprises that have programs, or that participate in city and county programs, for the training or hiring of such residents; and (2) Shall have authority in requests for bids or quotes to specify targets for performance, sanctions for nonperformance, and criteria for evaluation of bids and quotes consistent with the provisions of this subsection. The controller shall determine the extent of such additional weight, but may not apply it to instances where the delivery of goods or services by such residents would compromise public safety and security.

(G.O. 2, 1993, § 1; G.O. 99, 1998, § 1; G.O. 48, 2004, § 3; G.O. 73, 2005, § 13; G.O. 68, 2008, § 1)