A resolution requesting the Mayor, the Director of Finance, and the Metropolitan Purchasing Agent to provide an explanation to the Council each time a contractor other than the lowest bidder is selected for a construction or capital project pursuant to a request for proposals process.

WHEREAS, Section 4.12.040 of the Metropolitan Code of Laws allows the purchasing agent to utilize a request for proposals (RFP) process whenever it is determined that the use of competitive sealed bidding is either not practicable or not advantageous to the Metropolitan Government; and

WHEREAS, when a RFP process is used for the selection of a contractor, the procurement code states that the award is to be made to the responsible offeror whose proposal is deemed to be the most advantageous to the Metropolitan Government, taking into consideration price and other evaluation factors set forth in the RFP; and

WHEREAS, recent attention has been drawn to a Metropolitan Government construction project in which the contract was awarded to a contractor that was not the lowest bidder on the project; and

WHEREAS, as stewards of the Metropolitan Government’s resources, the Council should be kept aware of the terms of construction contracts for Metro projects, especially when the contract is awarded to a contractor other than the lowest bidder; and

WHEREAS, it is fitting and proper that the Mayor, the Metropolitan Department of Finance, and all Metro Departments to submit a report to the Council each time a contractor other than the lowest bidder is selected for a capital or construction project providing an explanation as to the evaluation factors weighing in favor of the chosen contractor.

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

Section 1. That the Metropolitan County Council hereby goes on record as requesting the Mayor, the Director of Finance, and the Metropolitan Purchasing Agent to provide an explanation to the Council each time a contractor other than the lowest bidder is selected for a construction or capital project pursuant to a request for proposals process.

Section 2. That the Metropolitan Clerk is directed to send a copy of this Resolution by United States mail or electronic mail to the Mayor, to David Manning, the Director of Finance, and to the Metropolitan Purchasing Agent.

Section 3. The Mayor, the Director of Finance, and the Metropolitan Purchasing Agent are further requested to respond to the Council as to the feasibility of and/or action taken in compliance with the request stated in Section 1 hereof within sixty (60) days from the adoption of this Resolution.

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

Sponsored by: Ludye Wallace