2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 56 - FISCAL AFFAIRS (§§ 6-56-101 — 6-56-408) › Part 3 - MUNICIPAL PURCHASING LAW OF 1983 (§§ 6-56-301 — 6-56-307) › Section 6-56-304 - Advertising and bidding - Exceptions

Except as provided in this section 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 applicable maximum 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)
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. 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 purchase was made. A report of such sole source or proprietary purchases shall be made as soon as possible to the municipal governing body and the chief executive officer of the municipality and shall include all items of information as required for the record;
(3)
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. A record of any such emergency purchase shall be made by the person or body authorizing such emergency purchases, and shall specify the amount paid, the items purchased, from whom the purchase was made and the nature of the emergency. A report of any emergency purchase shall be made as soon as possible to the municipal governing body and the chief executive officer of the municipality, 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)
Purchases, leases, or lease-purchases of real property;
(6)
Purchases, leases, or lease-purchases from any federal, state, or local governmental unit or agency of secondhand articles or equipment or other materials, supplies, commodities, and equipment;
(7)
Purchases of perishable commodities, when such items are purchased in the open market. 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. A report of such purchases shall be made, at least monthly, to the chief executive officer and the governing body, and shall include all items of information as required in the record. Fuel and fuel products may be purchased in the open market without public advertisement, but shall, whenever possible, be based on at least three (3) competitive bids. Fuel and fuel products may be purchased from the department of general services' contract where available; and
(8)
Purchases, for resale, of natural gas and propane gas.
Amended by 2024 Tenn. Acts, ch. 513,s 7, eff. 3/1/2024.
Amended by 2024 Tenn. Acts, ch. 513,s 6, eff. 3/1/2024.
Acts 1983, ch. 451, § 10; 1984, ch. 765, §§ 3, 4; 1988, ch. 770, § 4; 1993, ch. 232, § 1.