ORDINANCE NO. BL2016-336

An ordinance to allow a local business preference on competitive bidding and to allow matching of low bids.

WHEREAS, the Metropolitan Council of Nashville & Davidson County recognizes that the viability and success of local businesses is essential to a thriving local economy and the welfare of its citizens; and

WHEREAS, the Metropolitan Council wishes to implement policies to ensure that companies that produce and manufacture goods and services in Nashville & Davidson County, and thereby contribute to our economy and success, have the opportunity to do business with local government when so desired; and

WHEREAS, by virtue of changes in state legislation, namely Tenn. Code Ann. §§12-4-111 and 12-3-302, local governments in Tennessee are no longer prohibited from allowing local businesses and vendors to match the lowest bid,

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Section 4.12.030 of the Metropolitan Code is amended by inserting the following new Subsection I., and by re-designating the remaining subsections as necessary:

I. Low Tie Bids. In the event of low tie bids, the purchasing agent shall award the contract to a business providing supplies produced or manufactured in Davidson County or to a business that otherwise maintains a place of business in Davidson County if any such local business qualifies as one of the low tie bids. For purposes of this subsection, low tie bids are low responsive bids from responsible bidders that are identical in price and which meet all the requirements and criteria set forth in the Invitation to Bid.

Section 2. That Chapter 4.12 of the Metropolitan Code is amended by adding the following new Section 4.12.035:

4.12.035 – Matching Low Bids

In the bid statement or agreement for a competitive sealed bid, any bidder may indicate a willingness to meet the lowest responsible bid if that bidder is not the low respondent.

Section 3. That 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: Steve Glover

Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615/862-6770.