Legal Documents of Baneberry

Upon recommendation of the city manager, that it is clearly to the advantage of the city, to not purchase or contract by competitive bidding, the requirements of competitive bidding may be waived under the following circumstances.

1. Single source of supply. The availability of only one (1) vendor of a required product or service within a reasonable distance of the city as determined after a documented, thorough search by the using department or the purchasing department. A written, "sole-sourcing" statement must be filed verifying the reality of a single-source supplier.
2. State department of general services. Purchases that are made through or in conjunction with the state department of general services (state contracts). Municipalities may take advantage of these so-called "state prices" regardless of any charter or general law requirements.⁴ These bids may be viewed on the file received from the state.
3. Purchases from other governments. Any municipality may purchase from any federal, state or local government unit or agency, second-hand articles of equipment or other materials, supplies, or commodities. The purchasing agent, all department heads, and city staff will be authorized to sign for these purchases. These purchases may be made without competitive bidding and public advertising regardless of charter requirements.⁵
4. Purchases from non-profit corporations. Any purchase from any non-profit corporation whose sole purpose is to provide goods and services specifically to municipalities, such as local government data processing.⁶
5. Purchases from Tennessee state industries.
6. Purchases from instrumentalities created by two (2) or more co-operating governments.⁷
7. Certain insurance. Municipalities may purchase tort liability insurance, without competitive bidding from the Tennessee Municipal League (TML), or any other plan authorized and approved by any organization of government entities representing cities and counties.⁸
8. Investments in or purchases from the pooled investment fund established, Tennessee Code Annotated, § 9-17-105.
9. Purchases of fuels, fuel products, or perishable commodities.
10. Professional service contracts. Any services of a professional person or firm, including attorneys, accountants, physicians, architects, and consultants required by the city, whose fee is one thousand dollars ($1,000.00) or more, shall be evidenced by written contract. The contract will be awarded on the basis of recognized competence and integrity, rather than on competitive bids. Competitive bidding shall be prohibited for such services.⁹
11. City council approval. In those cases where city council indicates, by formal unanimous resolution of those present at the meeting, based on the recommendation of the city manager, that it is clearly to the advantage of the city not to contract with competitive bidding, noncompetitive purchasing/contracting may be authorized. (Ord. #216-2, March 2016)