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(A) Purchasing expenditures. The Board of Mayor and Aldermen (“Board”) shall adopt by resolution regulations governing purchases by the officers and employees of the Town; provided, however, that such regulations shall provide that any nonemergency, nonproprietary purchase of $25,000 or more shall be made only after competitive bidding, including public advertisement and obtaining written, sealed bids or proposals, with award by written contract or purchase order. At least three written quotations shall be required whenever possible for purchases costing less than $25,000 but $10,000 or more. Purchases of like items shall be aggregated for purposes of the bid threshold of $25,000. Purchases of less than $10,000 may be made without public advertisement or competitive bidding.
(B) Sale of personal property. The Town Administrator may sell or dispose of any personal property owned by the Town that is obsolete, no longer required for public use, or unusable in accordance with a procedure, which may be by negotiation, which the Town Administrator deems reasonable; provided, however, that if the proceeds of sale are reasonably anticipated to exceed $4,000 as to any one item, then sealed bids shall be taken or a public auction held after reasonable public notice. No Town employee or officer shall be permitted to purchase or acquire Town property except by sealed bid or at public auction.
(C) Sale of real property.
(1) With the prior approval of the Board by resolution, the Town may sell any real property owned by the Town, or any interests or rights therein, when the sale of such property is determined to be in the best interests of the Town because the property is no longer required for public use by the Town. In considering the approval of a sale of such property, the Board shall take into account all factors deemed to be important, including, without limitation, those set forth in subsections (a) through (d) below; and any resolution approving a sale shall contain the requirements and conditions imposed with respect thereto by the Board. The factors set forth in subsections (a) through (d) below must be considered by the Board but all of same need not be imposed as conditions of sale:
(a) The conditions or restrictions relative to the future use of the surplus real property;
(b) The preservation of all or parts of any improvements to the property;
(c) The compatibility of the proposed future use with zoning; and
(d) The compatibility of the proposed future use with parking requirements.
(2) When the Board has determined that the value of the property to be sold is reasonably likely to be greater than $25,000, then the property shall be sold by sealed bid, after 30 days public notice in a newspaper of general circulation in the Town, provided that the Town shall have the right to reject and refuse any and all bids on the basis that the bids do not reflect the value of the property or for any other reason. Such notice shall be advertised at least twice during the 30-day notice period. The Board shall employ an independent certified appraiser in connection with any sale of real property if the value is likely to be $25,000 or more.
(3) Upon reasonable determination by the Board that the property does not exceed $25,000 in value, or that there are other unique circumstances making a public advertisement and bid procedure impossible or impracticable, then the Board of Mayor and Aldermen, by resolution, may waive the requirements of public notice and sealed bidding and may sell or dispose of the property in question by negotiated contract or by other means that will adequately protect the public interest.
(D) Competitive sealed proposals.
(1) Notwithstanding anything to the contrary in the Town ordinances and/or resolutions governing purchases, the Town may use competitive sealed proposals to purchase goods and services rather than competitive sealed bids when the Board, acting under the restrictions and requirements of Tenn. Code Ann. § 12-3-1207, as same may hereinafter be amended, and the procurement code adopted by this chapter, determines that the use of competitive sealed bidding is either not practicable or not advantageous to the Town. The Board must make the aforesaid determination with regard to each use of competitive sealed proposals rather than competitive sealed bids, except that in actual emergencies caused by unforeseen circumstances such as natural or human- made disasters, delays by contractors, delays in transportation, or unanticipated volume of work, purchases through competitive sealed proposals may be made without specific authorizing action of the Board. A record of any emergency purchase shall be made by the person authorizing the emergency purchase, specifying the amount paid, the items and services purchased, from whom the purchase was made, and the nature of the emergency. A report of the emergency purchase purchased through competitive sealed proposals containing all relevant information shall be made as soon as possible by the person authorizing the purchase to the Board.
(2) Procurement code. The following shall constitute the Procurement Code of the Town:
(a) Conditions for use.
1. Competitive sealed proposals may be used only when qualifications, experience, or competence are more important than price in making the purchase;
2. When there is more than one solution to a purchasing issue and the competitive sealed proposals will assist in choosing the best solution; or
3. When there is no readily identifiable solution to a purchasing issue and the competitive sealed proposals will assist in identifying one or more solutions.
(b) Public notice. Adequate public notice of the request for competitive sealed proposals shall be given in the same manner provided by applicable law for competitive sealed bids.
(c) Request/evaluation factors. The request for competitive sealed proposals shall state the relative importance of price and other evaluation factors. Among other things, the request shall include the desired specifications (which may be expressed in the context of the result sought to be obtained); the qualifications of each proposer; warranties, time frame for performance, the contract; and, if applicable, the bond or other security that the successful proposer will be required to furnish.
(d) Opening of proposals. Competitive sealed proposals shall be opened in a manner that avoids disclosure of contents to competing proposers during the negotiation. The proposals shall be open for public inspection after, but not before, the intent to award the contract to a particular proposer is announced.
(e) Discussions with responsive proposers and revisions to proposals. The request for competitive sealed proposals shall provide that after receipt by the Town of a proposal, discussions may be conducted for clarification to assure full understanding of, and responsiveness to, the solicitation requirements with responsible proposers who submit proposals determined by the purchasing agent to be reasonably susceptible of being selected. These proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and for revision of proposals, both as to the particular goods or services to be furnished and the price thereof. In order to permit the Town to obtain the best offers of proposers, revisions may be permitted after submission and before the intent to award to a particular proposer is announced. In conducting discussions, the purchasing agent and other municipal personnel may make no disclosure to any proposer of any information derived from proposals submitted by competing proposers. Nothing contained herein shall preclude the Town from conducting conferences or otherwise communicating with all parties who may be interested in responding to a proposal prior to the time that proposals are to be received.
(f) Best and final offers. If discussions are conducted, the purchasing agent shall issue a written request for best and final offers. The request shall set forth the date, time, and place for submission of best and final offers. Best and final offers shall be requested only once, unless the purchasing agent makes a written determination that it is advantageous to the Town to conduct further discussion or change the Town’s requirements. The request for best and final offers shall inform proposers that, if they do not submit a notice of withdrawal or a best and final offer, their immediate previous offer will be construed as their best and final offer. Nothing contained herein shall preclude the Board from rejecting all proposals and thereafter requesting new proposals.
(g) Award. The award shall be made to the responsible proposer whose proposal the Board determines is the most advantageous to the Town, taking into consideration price and the evaluation factors set out in the request for competitive sealed proposals. No other factor may be used in the evaluation. The purchasing agent shall place in the contract file a statement containing the basis on which the award was made.
(h) Protest. In the event that any proposer to a request for competitive sealed proposers is aggrieved by the decision of the Town, such aggrieved proposer may protest the intended award to another proposer if the protest is filed within seven days after the intended award is announced. The protest must be filed with the Board in care of the Town Administrator and shall be promptly decided by the Board.
(i) No conflict with other laws. Nothing contained herein is intended to change the authority of the Town with respect to contracting for professional services in accordance with the applicable laws of the State of Tennessee.
(`83 Code, § 6-404) (Ord. 2001-13, passed 6-11-01; Am. Ord. 2004-14, passed 8-23-04; Am. Ord. 2006-26, passed 1-22-07; Am. Ord. 2008-03, passed 2-11-08; Am. Ord. 2017-17, passed 10-9-17; Am. Ord. 2018-14, passed 10-22-18)