RESOLUTION NO. RS2011-1705

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and support the necessary legislation to allow the Metropolitan Government to provide an opportunity for local bidders to match the lowest bid in the award of procurement contracts, as well as to include price as a factor in awarding professional services contracts.

WHEREAS, Section 8.111 of the Metropolitan Charter requires the purchasing agent to use competitive bidding in the procurement of certain goods and services; and

WHEREAS, Tennessee Code Annotated §12-4-111 prohibits local governments from including a provision in a competitively bid contract or invitation to bid allowing a bidder that is not the lowest bidder to meet the low price; and

WHEREAS, Tennessee Code Annotated §12-4-106(a)(2)(A) prohibits the Metropolitan Government from using a competitive bid process to award professional service contracts; and

WHEREAS, the Metropolitan Government has a legitimate governmental interest in promoting and increasing local industry, reducing local unemployment, and increasing the local tax base; and

WHEREAS, the Metropolitan Council has determined that providing local businesses the opportunity to match the lowest responsible and responsive bid for the procurement of goods and services will further this legitimate governmental interest; and

WHEREAS, qualified architect and engineering firms are often not given the opportunity to be considered for Metropolitan Government projects even though they could provide quality services at a lower fee; and

WHEREAS, it is fitting and proper that the Metropolitan Government have the authority to provide some form of a preference for local companies bidding on government contracts, as well as to consider price as a factor in awarding professional service contracts.

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 Davidson County Delegation to the Tennessee General Assembly to introduce and support the necessary legislation to allow the Metropolitan Government to provide an opportunity for local bidders to match the lowest bid in the award of procurement contracts, as well as to include price as a factor in awarding professional services contracts.

Section 2. That the Metropolitan Clerk is directed to send a copy of this Resolution to each member of the Davidson County Delegation to the Tennessee General Assembly.

Section 3. That 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: Eric Crafton, Jim Gotto, Michael Craddock