DATE: June 28, 2019
TO: Board of Mayor and Aldermen
FROM: Eric Stuckey, City Administrator
Shauna Billingsley, City Attorney
SUBJECT:
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Consideration of Ordinance 2019-24, An Ordinance Creating a Competitive Sealed Proposal Process to Purchase Goods and Services. (07/09/19 WS; 07/09/19 1st BOMA Reading 8-0) SECOND AND FINAL READING
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Purpose
The purpose of this memo is to provide information to the Franklin Board of Mayor and Aldermen (BOMA) concerning the possibility of adopting an ordinance that would all the City to use a Competitive Sealed Proposal Process to purchase goods and services.
Background
Tennessee Code Annotated 12-3-1207 allows municipalities to create by ordinance a Competitive Sealed Proposal Process which, upon motion of this Board, can be used in place of competitive sealed bids. In order to take the benefit of this law, the City must adopt an ordinance with criteria set forth in T.C.A. The City staff and the Board must consider and approve, under the restrictions and requirements of the state law and a procurement code adopted by the Board by ordinance, that the use of competitive sealed bidding is either not practicable or not advantageous to the municipality.
In the decision to use competitive sealed proposals, the Board and City staff shall follow a procurement code, which shall be adopted by the municipality by ordinance before purchases may be made using the Competitive Sealed Proposal Process. The ordinance shall contain criteria for purchasing through competitive sealed proposals and procedures consistent with this section.
(c) The procurement code shall provide that competitive sealed proposals may be used only when qualifications, experience, or competence are more important than price in making the purchase and:
(1) When there is more than one (1) solution to a purchasing issue and the competitive sealed proposals will assist in choosing the best solution; or
(2) When there is no readily identifiable s...
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