Private Acts of 1947 Chapter 637

SECTION 1. That the office of County Purchasing Agent is hereby created in Wilson County, Tennessee. The County Judge of said County shall be and is hereby designated as County Purchasing Agent of said County and hereafter, in this Act, he shall be referred to as the "Purchasing Agent."  

SECTION 2. That said Purchasing Agent shall have the sole power and authority to contract for and purchase all materials, supplies, equipment of every kind whatsoever for the use of every official, agent, servant, department, or agency of, supported by, or under the control of the County Government, with certain exceptions herein set out; and no other official, employee or agent of the County or of any of its departments or agencies, shall have the right to contract for or purchase any of such materials, supplies or equipment. The Purchasing Agent shall likewise have the sole power and authority to arrange for the purchase or rental of any and all real estate, machinery, or other equipment where said purchases or rents are to be paid out of any funds belonging to or under the control of Wilson County or any department, institution or agency thereof; and no other officials, employee or agent of the County shall have the right or power to make or arrange for any such purchase or rental.  

SECTION 3. That purchases or contracts for the purchases of supplies, equipment or material for the use of any official, employee, department or agency of the County Government, the estimated value of which exceeds $1,000.00, which, except in emergencies as hereinafter provided, shall be executed by the Purchasing Agent only after he shall have advertised in a newspaper published or circulated in Wilson County, Tennessee, and such other newspaper as he may deem proper, that sealed bids will be received by the Purchasing Agent, at a time fixed in the advertisement, and which sealed bids shall be opened publicly at a time fixed in the advertisement, which shall not be less than ten days after the publication of the advertisement, which sealed bids shall be opened publicly at the place, hour and date advertised. Such advertisement shall prescribe requirements by general classifications and state that detailed descriptions of the supplies, materials or equipment desired may be obtained from the Purchasing Agent upon application. Proposals shall be considered from manufacturers, producers, dealers, merchants, or their duly authorized selling agents. Bids received after the hour of opening will not be considered. Tabulation of bids shall be effected as promptly as possible, after which such tabulation will be opened for inspection.

Contracts shall be awarded only to established and responsible manufacturers, producers, dealers and merchants, and awards shall be made to the lowest and best bidders. The Purchasing Agent shall have the right to reject any or all bids in whole or in part and to waive technical defects in bids received. When two or more bids are submitted at the same price on the same character, kind and quality of supplies, materials or equipment to be purchased, the Purchasing Agent may, in his discretion, award the contract or contracts to either of such bidders, or may apportion the requirements between or among such bidders, or may elect or reject all such bids and advertise for additional bids. In addition to advertising for sealed bids, it shall be the duty of the Purchasing Agent to stimulate bidding by all other feasible means. The Purchasing Agent shall in all cases inform prospective bidders of the County's needs and stimulate and encourage competitive bidding.

SECTION 4. That when the estimated value of supplies, materials or equipment required for essential functions of the County Government is $1,000.00 or less, the Purchasing Agent is authorized to purchase same without the necessity of advertisement or sealed bids, but in making such purchases the Purchasing Agent shall be diligent in securing competitive prices from manufacturers, producers, dealers and merchants, and shall always secure the lowest price possible; and in no instance shall any supplies, materials or equipment purchased under the authority of this paragraph be purchased at a higher price than the prevailing current market price in the Town of Lebanon, Tennessee, for such supplies, materials, or equipment.

SECTION 5. That when, in the opinion of the Purchasing Agent, an emergency exists requiring the immediate purchase of supplies, materials or equipment for the use of an official or Agent of the County, the Purchasing Agent may purchase or contract for the purchase of such materials, supplies or equipment without the necessity of advertisement or competitive bids, purchasing the same on most advantageous basis possible. Provided, that on all purchase orders issued for such emergency purchases there shall be included a statement signed by the Purchasing Agent, explaining the nature of the emergency and the reasons for handling the purchase as an emergency. Provided, that when any supplies are purchased under this emergency arrangement only as much supplies as are necessary to meet the emergency shall be bought, and if any officer or agent of the County on whose behalf supplies are purchased under this Act shall persist in the creation of emergencies, then it shall be the duty of the Purchasing Agent to decline to purchase supplies for such officer or agent of the County under this emergency arrangement.  

SECTION 6. That subject to all other requirements herein set out, the purchase of supplies, materials and equipment for the County and its agencies may be on long or short-term contracts or orders to be executed or filled at certain seasons of the year, or by blanket contracts or orders of continuous duration to be executed at stated intervals.  

SECTION 7. That the Purchasing Agent shall keep a complete record of all purchases made by him with copies of descriptive advertising, original bids when submitted in writing, and the names of all bidders, together with the amounts of their several bids, which records shall at all times be open to inspection by any taxpayer of the County or other interested party.  

SECTION 8. That the Purchasing Agent shall not be financially interested, or have any personal beneficial interest, either directly or indirectly, in the purchase of any supplies, materials or equipment for the County, nor in any firm, corporation, partnership, association or individual furnishing any such supplies, materials, or equipment; nor shall the Purchasing Agent or any assistant or employee thereof accept or receive, directly or indirectly, from any person, firm, corporation, partnership or association whom any contract may be awarded by rebate, gift, or otherwise, any money or other thing of value whatsoever, or any promise, obligation or contract for future reward, compensation or remuneration.  

SECTION 9. That the Purchasing Agent may, by regulation or otherwise, require security to accompany bids, and fix the amount thereof; govern the procedure for the delivery and storage of supplies, materials and equipment; govern the procedure by which vendors shall submit their invoices for payment; govern the method and procedure whereby the departments, agencies or officials of the County shall inform the Purchasing Agent of the need or necessity for the purchase of supplies, materials and equipment; prescribe forms for estimates, requisitions, orders and contracts; establish definite or regular periods for submitting estimates or requisitions; dispose of or trade in obsolete, excess and unsuitable supplies, equipment and salvage, or transfer them to other using agencies of the County; provide for hearings on complaints with regard to the quality, grade or brand of supplies, materials or equipment; and waive such rules or regulations in special or emergency cases.  

SECTION 10. That the compensation of said County Purchasing Agent of Wilson County, Tennessee, shall be Six Hundred ($600.00) Dollars per annum, payable in equal monthly installments, out of the General Funds of said County.

SECTION 11. That Wilson County, Tennessee, shall be liable for the payment of all purchases made by the Purchasing Agent for the use of the County or any of its departments or agencies under the provisions of this Act, but shall not be liable for the payment of any purchases made contrary to its provisions.  

SECTION 12. That the provisions of this act shall not apply to the county road commission of Wilson County or the Wilson County Board of Education.

SECTION 13. That in the event any sentence, clause, paragraph, or section of this Act shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or invalidate the remainder of the Act, and the General Assembly hereby declares that it treats each and every sentence, clause, paragraph and section of this bill as several, and that it would have enacted this Act without any invalid or unconstitutional part thereof omitted or elided therefrom.

SECTION 14. That this Act shall take effect from and after its passage, the public welfare requiring it.

Passed: March 10, 1947.