An ordinance re-adopting Title 4 of the Metropolitan Code of Laws cited as the 1992 Procurement Code of The Metropolitan Government of Nashville and Davidson County with changes to sections 4.04.050, 4.04.060, 4.08.040(C)(6), 4.08.050(B), 4.12.010, 4.16.030, 4.32.050, and 4.40.050(B) and the addition of a new section, section 4.04.070.

Whereas, The Metropolitan Government of Nashville and Davidson County by Ordinance No. 092-210 approved the 1992 Procurement Code for The Metropolitan Government of Nashville and Davidson County; and

Whereas, the 1992 Procurement Code is due to sunset on December 31, 2002; and
Whereas, The Metropolitan Government desires to re-adopt the 1992 Procurement Code with changes to certain provisions.

Now, therefore, be it enacted by the Council of The Metropolitan Government of Nashville and Davidson County:

Section 1. That the Council of The Metropolitan Government of Nashville and Davidson County hereby re-adopts the 1992 Procurement Code as compiled, consolidated, codified, and indexed in Title 4 of the Metropolitan Code of Laws as of April 27, 2002, and, further, as amended herein.

Section 2. It is hereby declared to be the intention of the Metropolitan County Council that the sections, paragraphs, sentence clauses, phrases and words of this ordinance and the 1992 Procurement Code hereby re-adopted are severable, and if any section, paragraph, sentence, clause, phrase or word of this ordinance or of this Code shall be declared unconstitutional or otherwise invalid by any valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses, phrases, and words of this ordinance or of this Code, since the same would have been enacted by the Metropolitan County Council without the incorporation in this ordinance or the Code of any such unconstitutional or invalid section, paragraph, sentence, clause, phrase or word.

Section 3. That Title 4 of the Metropolitan Code of Laws be amended as follows:

1.) Add to §4.04.050, “Definitions”, the following terms.
“Electronic” means electrical, digital, magnetic, optical, electromagnetic, and any similar technology.

“Public Notice” means the distribution or dissemination of information to interested parties using methods that are reasonably available. Such methods will often include publication in newspapers of general circulation, electronic or paper mailing lists, and Web sites(s) designated by the Metropolitan Government and maintained for that purpose.

“Signature” means a manual or electronic identifier or the electronic result of an authentication technique, attached to or logically associated with a record, that is intended by the person using it to have the same force and effect as a digital signature.

“Written or in Writing” means the product of any method of forming characters on paper, other materials, or viewable screens, which can be read, retrieved, and reproduced, including information that is electronically transmitted and stored.

2.) Change the number of current §4.04.060 to a new §4.04.070.

3.) Add a new §4.04.060 to read:

4.04.060 Authorization for the Use of Electronic Transmissions

The use of electronic media, including acceptance of electronic signatures is authorized, consistent with the metropolitan government’s applicable legal and regulatory requirements for use of such media, so long as the guidance provides for:

(a) appropriate security to prevent unauthorized access to the bidding, approval, and award processes; and

(b) accurate retrieval or conversion of electronic forms of such information into a medium which permits inspection and copying.

4.) Revise §4.08.040(C)(6) to read:

Submit reports as requested by the director of finance and the standards board.

5.) Revise §4.08.050(B) to read-

Determine whether needs for specific supply items and categories of supplies can best be met through maintenance of inventory or the establishment and use of term contracts.

6.) Delete the existing definition of “competitive bidding” in §4.12.010 and replace with the following:

“Competitive Bidding” means:

Dollar Amount of Purchase
Up to $ 999.99 One oral or written quotation required.
$1,000 to $3,999.99 A minimum of three oral or written quotations required.
$4,000 to $9,999.99 A minimum of three written quotations required.
$10,000 and above Competitive sealed bids or request for proposals.

The above dollar thresholds shall be adjusted each year by the percentage, if any, by which the Consumer Price Index for the most recent calendar year ending before the beginning of such year exceeds the Consumer Price Index for calendar year 2002. The Consumer Price Index for any calendar year is the average of the Consumer Price Index for all urban consumers published by the United States Department of Labor, as of the close of the twelve-month period ending on August 31st of each calendar year.

7.) Delete existing language in §4.16.030 and replace with the following:

The purchasing agent shall review the specifications submitted by departments in order to ensure that they identify minimum requirements, allow for maximum practicable competition, identify standards to be used in verifying compliance, and provide for an equitable award at the lowest possible cost. To the extent practicable, specifications shall be written in terms of performance and outcomes.

8.) Revise §4.32.050 to read:

Sale of surplus property or supplies--Authorized when.

When surplus personal property or supplies, other than school property, are not required by any department or other agency of the metropolitan government, the director of public property administration is authorized to sell such property or supplies, and the proceeds shall be deposited as directed by the director of finance. When, in the judgment of the metropolitan board of public education, any property held by it is no longer suited or needed for school purposes, the board shall, by resolution, direct the property be sold, and the proceeds from such sale shall be credited to the unappropriated school fund of
the metropolitan government.

9.) Revise §4.40.050(B) to read: B. Implementation by Purchasing Agent--Goals.

The purchasing agent shall implement a policy of purchasing paper and paper products that are produced or manufactured from recycled paper for the use of the various agencies and departments of metropolitan government. "Recycled paper" means all paper and paper products that contain a minimum of ten post-consumer waste but meet the government’s performance and other requirements. This policy recognizes that the percentage of recovered materials used in a particular type of paper or product category can vary significantly.

Section 4. This ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Craig Jenkins


Introduced: November 7, 2002
Passed First Reading: November 7, 2002
Referred to: Budget & Finance Committee
Passed Second Reading: November 19, 2002
Passed Third Reading: December 3, 2002
Approved: December 9, 2002
By: Bill Purcell