Substitute Bill BL2019-1731
An ordinance amending Chapter 4.12 of the Metropolitan Code pertaining to the definition of Responsible bidder or offeror and the evaluation factors considered in procurement and amending Chapter 4.20 of the Metropolitan Code regarding information reported by employers.
WHEREAS, under Tennessee Code Annotated § 7-3-306, procured items costing more than ten thousand dollars ($10,000) are subject to competitive sealed bidding; and
WHEREAS, under additional provisions of the Tennessee Code Annotated, procurement bids are required to be evaluated on the basis of both objective and subjective components – specifically, cost and quality; and
WHEREAS, Tennessee Code Annotated § 12-3-1204(d) provides that local metropolitan governments retain the right to establish, in accordance with charter amendment or private act, whichever is applicable, requirements for competitive bids and competitive proposals; and
WHEREAS, the procurement of quality goods and services by the Metropolitan Government of Nashville and Davidson County must be conducted within budgetary constraints, requiring the careful allocation of available funds efficiently, economically, and without waste; and
WHEREAS, the Metropolitan Government of Nashville and Davidson County acts as a market participant when engaging in procurement and purchasing activities. In instances in which a bidder violates federal, state or local law, regulations, or standards – including health and safety standards and employment laws – the Metropolitan Government risks exposure to liability. It is in the best interests of the Metropolitan Government to reduce its potential exposure to liability in its contracting practices; and
WHEREAS, it is fitting and proper that the Metropolitan Government of Nashville and Davidson County adopt standards ensuring the execution of procurement and purchasing activities in a manner that best serves its interests as a market participant.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL FOR THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE:
Section 1. Section 4.12.010 of the Metropolitan Code of Laws is hereby amended by deleting the definition of “Responsible bidder or offeror” in its entirety and substituting in lieu thereof the following:
“Responsible bidder or offeror” means a person who possesses the capability in all respects to perform fully the contract requirements and the integrity and reliability which assures good faith performance. In the event a court of competent jurisdiction or a governmental regulatory agency issues a final ruling, declaration, or finding that a bidder or offeror committed a willful violation, or multiple violations, of any federal or state law or regulation regarding employment practices or safety standards within the preceding five (5) years prior to submission of the bid or offer, such determination may be deemed evidence of a lack of integrity and reliability and allow the purchasing agent to disqualify a person from meeting the definition of “responsible bidder or offeror”.
As used in this Section, “employment practices” shall refer to matters regulated under The Fair Labor Standards Act of 1938, 29 U.S.C. § 201-219; The Family Medical Leave Act, 29 U.S.C. §2601, et seq.; Title VII of the Civil Rights Act of 1964 and 42 U.S.C. 1981 (Section 1981); The Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq.; The Americans with Disabilities Act of 1990, 42 U.S.C. § 12101; The Rehabilitation Act of 1973, 29 U.S.C. § 701, et seq. or the Education Amendments Act of 1972, 20 U.S.C. § 1681, et seq.
Section 2. Section 4.12.030 of the Metropolitan Code of Laws is hereby amended by deleting Subsection B in its entirety and substituting in lieu thereof the following:
B. Invitation to Bid. An invitation to bid shall be issued and shall include a purchase description and all contractual terms and conditions applicable to the procurement. The invitation to bid shall require that the bidder execute an affidavit, in a form prescribed in the invitation to bid, certifying that the bidder is and will remain in compliance with the provisions of this Chapter and the contents of its bid as submitted, and further that the bidder understands that failure to remain in such compliance shall constitutes a material breach of its contract with the Metropolitan Government. The affidavit required by this section shall be submitted with bidder’s bid.
Section 4. 3. Chapter 4.20 of the Metropolitan Code of Laws is hereby amended by adding the following new section 4.20.105 as follows:
4.20.105 – Utilization of Apprentice, Training, and Certification Programs – Employer Information
Any person who may enter into any contractual agreement with the metropolitan government or agency thereof for any public works or improvements shall furnish the purchasing agent or the agency under whose jurisdiction such work is to be performed with the following information:
A. The extent of the employer’s utilization of federally registered apprenticeship programs;
B. The extent of the employer’s utilization of MC3 and MCCR training curriculum;
C. Number of OSHA 10-certified and OSHA 30-certified individuals on project;
D. Number of OSHA 100-certified individuals on project;
E. Percentage of employees on project covered by health benefits offered by the employer; and
F. Percentage of employees on project covered by workers’ compensation by employer.
Section 5. 4.This ordinance shall take effect from and after its final passage, the welfare of the Metropolitan Government of Nashville and Davidson County, Tennessee, requiring it.
Substitute adoptedAugust 6, 2019
Passed Second ReadingAugust 6, 2019
Passed Third Reading-
Next ConsiderationAugust 20, 2019
Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615-862-6770.
Last Modified: 08/12/2019 12:33 PM