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TENNESSEE STATUTES AND CODES

12-3-218 - Best value purchasing.

12-3-218. Best value purchasing.

(a)  For a purchase of goods and services under this chapter, the department shall have the option of using the best value procurement methodology when determined by the department to be in the best interest of the state. The purchasing policies and procedures concerning this procurement methodology, including the criteria and evaluation process, shall be developed by the department and approved by the board of standards.

(b)  In determining the best value for the state, the purchase price and whether the goods or services meet specifications are the most important considerations. However, the director of purchasing may, subject to subsection (c), consider other relevant factors, including, but not limited to, the following:

     (1)  Installation costs;

     (2)  Life cycle costs;

     (3)  The quality and reliability of the goods and services;

     (4)  The delivery terms;

     (5)  Indicators of probable vendor performance under the contract, such as past vendor performance, the vendor's financial resources and ability to perform, the vendor's experience or demonstrated capability and responsibility, and the vendor's ability to provide reliable maintenance agreements and support;

     (6)  The cost of any employee training associated with a purchase;

     (7)  The effect of a purchase on agency productivity; and

     (8)  Other factors relevant to determining the best value for the state in the context of a particular purchase.

(c)  The purchasing division shall receive approval from the commissioner of general services before considering factors other than price and meeting specifications when the division procures goods or services through competitive bidding.

[Acts 2007, ch. 147, § 1.]  

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