Ind. Admin. Code tit. 105, r. 12-3-8 – Special procurements

Sec. 8. (a) Notwithstanding any other provision of this article, a purchasing agent may make a purchase without soliciting bids or proposals under any of the following circumstances:

(1) When there exists a unique opportunity to obtain supplies or services at a substantial savings to the department.
(2) When the market structure requires the department to inspect and bid on the supplies to be procured.
(3) When only one (1) source meets the department's reasonable requirements for the procurement of data processing contracts or license agreements involving:
1. (A) software programs; or
2. (B) supplies or services.
(4) When the compatibility of equipment, accessories, or replacement parts is a substantial consideration in the procurement and only one (1) source meets the department's reasonable requirements.
(5) When there exists, under emergency conditions, a threat to public health, welfare, or safety.
(6) When the department has solicited for a procurement and has not received a responsive bid from a responsible bidder.
(7) When procurement of the required supplies or services would seriously impair the functioning of the department.
(8) For the evaluation of supplies or a system containing supplies to obtain functional information or comparative data or for any other purpose that in the judgment of the commissioner may advance the long term competitive position of the state.
(9) For the procurement of copyrighted materials to be used, provided, or distributed by the department.

(b) A special procurement must be made with such competition as is practicable under the circumstances.

(c) A purchasing agent shall maintain the contract records for a special purchase in a separate file. The contract file shall include a written determination of a basis for the special purchase and the selection of the particular contract.

(d) A special procurement must be approved by the commissioner.

(Indiana Department of Transportation; 105 IAC 12-3-8; filed Jan 15, 1993, 1:00 p.m.: 16 IR 1508; filed Oct 3, 2001, 9:35 a.m.: 25 IR 371; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA; readopted filed Oct 4, 2019, 9:49 a.m.: 20191030-IR-105190422RFA; readopted filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA)