12-3-1001 - Purchases for local governmental units. - Tennessee Statutes

12-3-1001. Purchases for local governmental units.

(a)  The department of general services may, upon request, purchase supplies and equipment for any county, city, municipality, special district, school district, or other local governmental unit of the state. The purchases shall be made on the same terms and under the same rules and regulations as now provided for the purchase of supplies and equipment by the department. The cost of any purchase made pursuant to this section shall be borne by the local governmental unit concerned. The department has the power to promulgate all rules and regulations necessary for the operation of this section, subject to the approval of the board of standards.

(b)  It is the intent of this section that the department advise local governments of the benefits to be derived from the use of the purchasing procedures authorized herein. Where any local or private act, charter, or general law requires that a local governmental unit purchase by competitive bidding, the local unit of government may, notwithstanding the local or private act, charter, or general law, purchase, without public advertisement or competitive bidding, under the provisions of contracts or price agreements entered into by the department.

(c)  To the extent permitted by federal law or regulations, local governments may make purchases of goods, except motor vehicles, or services included in federal general service administration contracts or other applicable federal open purchase contracts either directly or through the appropriate state department or agency; provided, that no purchase under this section shall be made at a price higher than that which is contained in the contract between the general services administration and the vendor affected.

(d)  (1)  Except as provided in subdivision (d)(5), where any local or private act, charter, or general law requires that a local governmental unit purchase by competitive bidding, the local unit of government may, notwithstanding the local or private act, charter, or general law, purchase, without public advertisement or competitive bidding, any item from local sources if such item is available for purchase under the provisions of contracts or price agreements entered into by the department, and such item is available at the same or lower cost from such local sources. This subsection shall apply only in cases where the local governmental entity is not permitted to purchase from an existing contract established by the department. Any item purchased locally must be of equal or better specifications than the item under the competitive bid contract.

     (2)  The legislative body of a county by resolution and a municipality by ordinance may establish and adopt a program to encourage participation in government purchasing programs by minority-owned businesses. Such programs may include set-aside provisions which conform to federal law.

     (3)  The provisions of this subsection shall be permissive relative to sellers of motor vehicles.

     (4)  The provisions of this subsection (d) shall have no effect unless it is approved by a two-thirds' (2/3) vote of the local legislative body and such approval is filed with the comptroller of the treasury.

     (5)  The provisions of this subsection (d) do not apply in a county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), or in a county having a population in excess of eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census.

[Acts 1970, ch. 410, §§ 1, 2; 1972, ch. 571, § 1; modified; T.C.A., §§ 12-338, 12-3-401; Acts 1985, ch. 400, § 1; 1997, ch. 246, § 1; 1997, ch. 335, §§ 1-6.]