title
An ordinance amending Title 4 of the Metropolitan Code of Laws relative to the procurement code and anticompetitive practices.
body
NOW THEREFORE BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Section 4.12.010 is hereby amended by adding the following definition:
"'Anticompetitive practice' means any practice between or among bidders or offerors that, in the judgment of the purchasing agent and the director of law, has the effect of reducing or eliminating competition or restraining trade. An anticompetitive practice includes, but is not limited to,
1. An agreement, oral or written, between or among suppliers to submit collusive bids or proposals,
2. An agreement, oral or written, between or among suppliers to not compete or not bid on a Metro solicitation,
3. An agreement, oral or written, between or among suppliers to control the resale price of products, or
4. A non-compete or non-bid agreement between or among prime contractors and/or subcontractors."
Section 2. That Section 4.36.020.B be amended by adding the following as subsection 6 and renumbering the remaining provisions as appropriate:
"6. Engaging in an anticompetitive practice as defined in section 4.12.010, or"
Section 3. This Ordinance shall take effect from and after its final passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.
Agenda Analysis
Analysis
This ordinance amends Metro's Procurement Code by adding provisions addressing anticompetitive practices.
Metropolitan Code of Laws Section 4.12.010, which provides definitions for the chapter, would be amended to add a definition for anticompetitive practices to mean any practice between or among bidders or offerors that has the effect of reducing or eliminating competition or restraining trade. The definition also provides a list of practices that would be considered anticompetitive. The purchasing ...
Click here for full text