§ 2-214. Department of purchasing generally; general duties of administrator; personal property; real property.

(a)

There is established a county department of purchasing with an administrator of purchasing appointed by the county mayor. The administrator of purchasing shall be qualified by training and experience to perform his duties in a proficient manner and in accordance with the generally recognized principles of governmental purchasing. He shall serve at the pleasure of the county mayor. The administrator of purchasing, or his designated department or designee shall:

(1)

Contract for and purchase all supplies, material, equipment, building and contractual services required by any official or office of the county government, or which is supported by, or under control of, the county government and which expends or encumbers any of the county funds. No other official or office of the county may make such purchases or contracts, except as the county purchasing agent, with the approval of the director of the division of administration and finance, delegates this authority after an appropriate bond is maintained,

(2)

Arrange the rental of machinery, buildings and equipment when the rents are to be paid out of funds belonging to the county or any of its offices. No other official or office of the county may arrange for such rentals, except as the county purchasing agent, with the approval of the director of the division of administration and finance and the county mayor, delegates this authority after an appropriate bond is maintained.

(3)

Transfer materials, supplies and equipment to or among county officials and offices as needed for the proper and efficient administration of the county government.

(4)

Have charge of any central storeroom or similar service which may be established for the handling of the county's business.

(b)

The county purchasing agent, together with the director of the division of administration and finance and with the approval of the county mayor, shall adopt and promulgate, and may from time to time amend, rules and regulations not inconsistent with the provisions of this article, governing the purchase or rental of supplies, materials, equipment, buildings, and contractual services as follows:

(1)

Authorizing in writing any county official or office to make purchases in the open market for immediate delivery in emergencies, defining emergencies, and describing the manner in which emergency purchases shall be made and promptly reported to the county purchasing agent.

(2)

Prescribing the manner in which supplies, materials and equipment shall be requisitioned, purchased, delivered, stored and distributed.

(3)

Prescribing the dates for submitting requisitions and estimates, the future period they are to cover, the form in which they are to be submitted, the manner of their authentication, and their revision by the county purchasing agent.

(4)

Prescribing the manner of inspecting all deliveries of supplies, materials and equipment, and of making or procuring chemical and physical tests of samples submitted with bids and samples of deliveries to determine compliance with specifications.

(5)

Requiring periodic and special reports by county officials and officers of surplus, unusable and obsolete supplies and equipment on hand, and prescribing the form of such reports.

(6)

Providing for the transfer to or among county officials and offices of supplies, materials and equipment on hand, which are surplus to one office or official but are needed by another; and providing for the disposal or sale, after receipt of competitive bids, supplies, materials and equipment which are obsolete or unusable.

(7)

Determining whether or not a deposit, bond or letter of credit is to be submitted with a bid on a purchase contract or sale, and if required, prescribing the amount and form thereof, and providing that the surety may be forfeited if the successful bidder refuses to enter into a contract within ten days after the award.

(8)

Prescribing the manner in which invoices for supplies, materials, equipment and contractual services delivered to any county official or office shall be submitted, examined and approved.

(9)

Providing for all other matters as may be necessary to give effect to the foregoing rules and to the provisions of this article.

(10)

The following applies to purchases, sales, contracts for services and competitive bids:

a.

All purchases of and contracts for purchases of supplies, materials, equipment, buildings and contractual services, and all sales of surplus, obsolete or unusable county property shall be based whenever possible on competitive bids; but contracts for legal services and similar services by professional persons shall not be based upon competitive bids, but shall be awarded on the basis of recognized competence and integrity at customary rates of compensation; and bids need not be required for services for which the rate or price is fixed by a public authority authorized by law to fix such rates or prices. Other exceptions to and/or exemptions from the competitive bid requirement include joint procurement with other governmental entities; "piggyback" purchases from other federal, state or local government contracts; customer directed sources; and the purchase of certain perishable products.

b.

The county may purchase, sell or exchange materials, supplies, commodities, and equipment from, to or with any federal, state or local government or office without conforming with the competitive bidding requirements of this section, provided the sale, purchase or exchange is based upon the fair market value of such sales to, purchases from or exchanges with other such governmental entities. The county may, subject to county commission approval, also donate such property to any federal, state, or local governmental entity, provided the donation is for a public purpose found by the county government to be directly or indirectly beneficial to the citizens of the county. Nothing herein shall prohibit the transfer of such property to a local governmental entity by donation for educational purposes, provided, however, that such governmental entity is in compliance, or becomes compliant prior to acceptance of any such donation, with all antidiscrimination laws, including, but not limited to, Titles VI and VII of the Civil Rights Act of 1964.

c.

If the amount of the expenditure or sale is estimated to exceed $50,000.00, sealed bids shall be solicited. The county purchasing agent shall solicit sealed bids by public notice inserted at least two times in a newspaper of general circulation, allowing sufficient time for bids to be submitted. In addition, he may also, when he deems it necessary or desirable, solicit sealed bids by sending requests for bids by mail or electronic solicitation to prospective bidders. All notices for bids shall include a general description of the materials, supplies, equipment or contractual services to be purchased or property to be sold and shall state where bid forms and specifications may be obtained and the time and place of opening bids.

d.

All purchases or sales of less than $50,000.00 in amount may be made in the open market without newspaper notice, but shall, when practicable in the judgment of the county purchasing agent, be based upon at least three competitive bids. Requisitions for items estimated to cost more than $5,000.00 shall not be subdivided in order to circumvent the requirement for public newspaper notice herein provided for. All sales shall be made for cash to the highest bidder.

e.

Bids in purchases shall in all cases be based on the standards adopted and promulgated by the county purchasing agent and approved by the chief administrative officer and the county mayor.

f.

All open market orders or contracts shall be awarded to the most responsive bidder who is financially responsible, taking into consideration the qualities of the articles to be supplied, their conformity to specifications, their suitability to the requirements of the county government, and the delivery terms. Any or all bids may be rejected for good cause.

g.

All bids taken under the requirements of this section and all other documents, including purchase orders pertaining to the award of contracts on the bids, shall be preserved by the county purchasing agent for a period of five years.

h.

If two or more bids received on a pending contract are the same unit price or total amount, the county purchasing agent may reject all bids or may purchase the required supplies, materials, equipment or contractual services from any of the most responsive bidders, provided the price paid does not exceed the original bid price.

i.

All sealed bids received shall be opened publicly at the time and place fixed in the advertisement. Each bid, with the name and address of the bidder, shall be entered on a record and the name of the successful bidder indicated thereon; and this record shall, after the award of the contract or order, be open to public inspection.

j.

All contracts shall be approved as to form and legality by the county attorney, and the original copy of each contract shall be filed with the contracts administration department.

k.

Purchases shall be made and purchase orders and contracts of purchase shall be issued only in consequence of a written requisition for the supplies, materials, equipment or contractual services required, which requisitions shall be signed by the head of the county office requiring the articles or services, or in the case of elected officials, a name other than a department head, may be submitted to the purchasing department if requested in writing by said elected official. Original copies of all requisitions shall be kept on file in the office of the county purchasing agent.

l.

The county purchasing agent may purchase and contract to purchase materials, supplies, equipment and contractual services on a fiscal year basis, but no commitment shall be made which extends beyond the end of the current fiscal year for which appropriations have been made by the county commission except after commitments as have been approved by resolution of the county commission. In the determination of the county's annual needs of certain articles and services, the county purchasing agent may request the county officials and offices to estimate their needs for the remainder of the current fiscal year and to issue requisitions based upon these estimates.

(c)

The following applies to the acquisition and disposition of real property and competitive bids:

(1)

As used in this subsection (c), real property means all interests, benefits, and rights inherent in the ownership of real estate, including, but not limited to, physical land and appurtenances affixed thereto.

(2)

The acquisition of real property or any interest therein shall be accepted by Shelby County Government as authorized by state law, the purchasing policies and procedures set forth in this division, and/or the rules and regulations promulgated pursuant to this subsection (c).

(3)

The disposition of real property or any interest therein shall be based whenever possible on competitive bids and shall be approved by resolution of the Shelby County Board of Commissioners. Exceptions to the competitive bidding requirements, other than those specifically stated herein, shall be approved by resolution of the Shelby County Board of Commissioners on a case by case basis as authorized by Section 5-7-101 of the Tennessee Code.

(4)

Shelby County Government may sell real property to, or exchange real property with, any federal, state or local government or office without conforming with the competitive bidding requirements of this subsection (c), provided the sale or exchange is based upon the fair market value of such property. Shelby County Government may, however, donate real property to any federal, state, or local governmental entity, provided the donation is for a public purpose found by Shelby County Government to be directly or indirectly beneficial to the citizens of Shelby County. Shelby County Government may also donate real property to a local governmental entity for educational purposes, provided such governmental entity is in compliance, or becomes compliant prior to acceptance of any such donation, with all antidiscrimination laws, including, but not limited to, Titles VI and VII of the Civil Rights Act of 1964.

(5)

The administrator of the county land bank department, together with the director of the division of public works, and with the approval of the county mayor, shall adopt and promulgate, and may from time to time amend, rules and regulations, not inconsistent with the provisions of this subsection (c), governing the acquisition and disposition of all real property or any interest therein.

(Code 1992, § 2-57; Priv. Acts 1974, ch. 260, § 4.03(9); Priv. Acts 1978, ch. 298, § 1; Priv. Acts 1978, ch. 299, § 1; Priv. Acts 1980, ch. 243, § 1; Ord. No. 198, 3-23-1998; Ord. No. 320, 2-5-2007; Ord. No. 325, 4-9-2007; Ord. No. 366, 10-6-2008; Ord. No. 388, exh. A, 2-22-2010; Ord. No. 427, 10-22-2012)