Procurement Policies and Procedures

10.0 Records Retention of Procurement Documents

The city shall manage purchasing records including but not limited to bids, proposals, contracts, notes from bid openings, purchase orders, requisitions, and street construction contracts and associated bonds in accordance with TCA 10-7-702, City Resolution 2020-28, and the Records Retention Manual as prepared by the Tennessee Municipal Advisory Service (MTAS).

11.0 Miscellaneous Provisions

11.01 Buy America Act

The city, in accordance with TCA 54-5-135, shall not purchase any materials such as asphalt products, rock, aggregate, sealers, and oils used for highway or roadway construction, resurfacing, or maintenance from any foreign government or company wholly owned and controlled by a foreign government, regardless of the location of the company, or from any agency of the foreign government or company. The Buy America Act does not apply if materials are not produced by American companies in sufficient and reasonably available quantities, or are of unsatisfactory quality, or if the American materials increase the overall project cost by 5% more than the overall project cost using materials produced by a foreign government owned company.

11.02 Boycott of Israel Statement

In accordance with TCA 12-4-119, the city shall not enter into contracts to acquire or dispose of services, supplies, information technology, or construction unless the contract includes a written certification that the company is not currently engaged in or will not, for the duration of the contract, a boycott of Israel. For this state law to apply, the contract must be over $250,000 in potential value or the contractor must have over 10 employees. This certification shall be submitted only by the awarded bidder.

11.03 Iran Divestment Act

As mandated by TCA 12-12-101 through 12-12-113, the city is prohibited from awarding a contract over $1,000 with a person(s) who engages in investment activities with Iran. Every submitted bid or proposal response must contain a statement by the bidder as follows: “by submission of this bid, the bidder and each person signing on behalf of the bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each bidder is not on the list created pursuant to 12-12-106.” This certification shall be submitted only by the awarded bidder.

11.04 Vending Machines

If the city wants to install vending machines on city property, the city shall first determine if a blind individual, who meets the requirements of the state’s business enterprise program for the blind and has been trained and licensed by the state to operate such a vending facility, is interested in operating the vending machines to give them the greatest possible opportunity to become self-supporting. Furthermore, the state shall be given the right of first refusal to operate the vending facility if an individual that is capable can be found to operate the vending facility. See TCA 71-4-501 through 503 for more details.

12.0 Violation of Policies

Department heads shall not request nor the Purchasing Assistant process any purchases that are in violation of these policies. The city shall not be responsible for any purchases or payments made outside these City Council approved procurement policies. If violations occur, disciplinary action may occur.

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