ORDINANCE NO. BL2017-707

An ordinance amending Metropolitan Code of Laws § 4.12.080 with respect to procurement of telecommunications and internet access services.

WHEREAS, Metropolitan Code of Laws § 4.12.080 permits the procurement of utility services with rates established by a public authority without bidding or other competition when determined by the purchasing agent to be in the Metropolitan Government’s best interest; and,

WHEREAS, limited numbers of potential providers of telecommunications and internet access services at specific Metropolitan Government facilities, and the need for compatibility of such services with existing Metropolitan Government equipment and infrastructure substantially reduce the value of competition in the procurement of such services; and,

WHEREAS, the Metropolitan Government will benefit by authorizing the procurement of telecommunications and internet access services at the lowest rates available for comparable services upon a determination by the purchasing agent, with the concurrence of the director of information technology and director of finance, that procuring such services through a competitive process is not in the Metropolitan Government’s best interest.

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

Section 1. Metropolitan Code of Laws § 4.12.080 is hereby amended to read as follows:

4.12.080 Utilities, Telecommunications, and Internet Access Services.
Subject to the rules of the Standards Board, the purchasing agent shall purchase or contract for all telephone or telecommunications, electricity, gas, power, water, postal, and other services for which a rate for the use thereof has been established by a public authority in such manner as the purchasing agent deems to be in the best interest of the Metropolitan Government. Telephone, telecommunications, and internet access services for which no such rates have been established may be procured at the lowest rates available for comparable services upon a determination by the purchasing agent, with the concurrence of the director of information technology services and director of finance, that procuring such services through a competitive process is not in the Metropolitan Government’s best interest.

Section 2. 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: Kathleen Murphy, John Cooper

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