2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 14 - COUNTY PURCHASING (§§ 5-14-101 — 5-14-207) › Part 2 - COUNTY PURCHASING LAW OF 1983 (§§ 5-14-201 — 5-14-207) › Section 5-14-204 - Bidding - Exceptions

All purchases and leases or lease-purchase agreements shall be made or entered into only after public advertisement and competitive bid, except as follows:
(1)
Purchases costing less than the maximum applicable threshold over which public advertising and sealed competitive bids or proposals are required for nonemergency, nonproprietary purchases as established pursuant to §
12-3-1212
. Purchases of like items must be aggregated for the purposes of the bid threshold;
(2)
(A)
Any goods or services that may not be procured by competitive means because of the existence of a single source of supply or because of a proprietary product;
(B)
A record of all such sole source or proprietary purchases shall be made by the person or body authorizing such purchases and shall specify the amount paid, the items purchased, and from whom the purchases were made;
(C)
A report of such sole source or proprietary purchases shall be made as soon as possible to the county governing body and the county mayor of the county and shall include all items of information as required in the record;
(3)
(A)
Purchases or leases of any supplies, materials or equipment for immediate delivery in actual emergencies arising from unforeseen causes, including delays by contractors, delays in transportation, and unanticipated volume of work;
(B)
A record of any emergency purchase shall be made by the person or body authorizing such emergency purchase, and shall specify the amount paid, the items purchased, from whom the purchase was made and the nature of the emergency;
(C)
A report of any emergency purchase shall be made as soon as possible to the county governing body and the county mayor, and shall include all items of information as required in the record;
(4)
Leases or lease-purchase agreements requiring total payments that do not exceed the maximum applicable threshold over which public advertisement and sealed competitive bids or proposals are required for nonemergency, nonproprietary purchases established pursuant to §
12-3-1212
in each fiscal year the agreement is in effect. Leases of like or related items must be aggregated for the purposes of the threshold;
(5)
(A)
Governing bodies may exempt perishable commodities from the requirements of public advertisement and competitive bidding when such items are purchased in the open market;
(B)
A record of all such purchases shall be made by the person or body authorizing such purchases and shall specify the amount paid, the items purchased, and from whom the purchase was made;
(C)
A report of such purchases shall be made, at least monthly, to the county mayor and the governing body and shall include all items of information as required in the record; and
(6)
[Deleted by 2024 amendment]
Amended by 2024 Tenn. Acts, ch. 661,s 2, eff. 4/9/2024.
Amended by 2024 Tenn. Acts, ch. 513,s 3, eff. 3/1/2024.
Amended by 2024 Tenn. Acts, ch. 513,s 2, eff. 3/1/2024.
Acts 1983, ch. 451, § 4; 1988, ch. 770, § 3; 1995, ch. 179, § 4; 2007 , ch. 135, § 3.