Tennessee § 5-21-119 - Purchasing system.

§ 5-21-119. Purchasing system.

The committee, with the assistance of the purchasing agent, shall establish a purchasing system for the county. Such system shall provide, among other procedures, the following: Review of all contracts or purchases for biddable supplies, materials, equipment, and other needs of the county, shall be made by the purchasing agent; No purchase or contract shall be made when the bid prices exceed the current market price for the same merchandise or service; Purchases and contracts shall be awarded based on the lowest and best bid; Specifications development shall be made by the department, agency or official to receive the merchandise, construction or service; The purchasing agent shall: Review specifications and changes to allow for maximum competition of prospective bidders; Prepare formal and informal bids; Collect sealed bids; Open bids through a procedure open to the public; Evaluate, compare and submit bids for approval by the committee, if so deemed by the committee; Issue purchase orders and contracts; and Verify receiving the merchandise or service; The director shall: Accept requisitions by the department, agency or official, and, if such supplies are not currently on hand, transmit such requisition to the purchasing agent; Verify budget appropriations before authorizing a purchase; Approve invoices for payment; and Pay invoices and obligations of the county as provided herein; and Emergency purchases, total cost bidding, blanket purchases for small orders, grouping of purchases of the various departments, and other methods for receiving the most competitive price and best bid. Emergency purchases shall be limited to needs arising that are not normally foreseeable. Emergency purchases shall not be permissible if a department or agency fails to properly plan for the need, proper purchasing procedures, and delivery time. Acts 1981, ch. 325, § 19. Cross-References. County purchasing laws, title 5, ch. 14. Attorney General Opinions. A county could not award a road design and construction contract on a “design-build” basis, without competitive bidding, to an engineering firm that had partnered with a road construction firm for that purpose, even though the county's governing body believed such an award to be in the best interest of the taxpayers, as the county was required to advertise the proposed letting of such a contract and to receive sealed bids for the proposed road project, OAG 00-086, 2000 Tenn. AG LEXIS 88 (5/5/00).