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An ordinance amending Title 4 of the Metropolitan Code regarding source selection, contract formation, and the authority to debar or suspend.
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WHEREAS, Section 4.12.040 of the Metropolitan Code provides that when, under regulations promulgated by the Procurement Standards Board, the Purchasing Agent determines that the use of competitive sealed bidding is either not practicable or not advantageous to the Metropolitan Government, a contract may be entered into by competitive sealed proposal solicited through a request for proposals (RFP); and
WHEREAS, Section 4.12.040.E provides the RFP shall state the relative importance of price and other evaluation factors; and
WHEREAS, it is in the best interest of the Metropolitan Government that the Procurement Standards Board adopt regulations to require consideration of a contractor's prior audit findings and documented failures to provide records when evaluating RFPs; and
WHEREAS, debarment and suspension are discretionary actions that, when taken in accordance with identified processes and procedures, are an appropriate means to effectuate policy; and
WHEREAS, the serious nature of debarment and suspension requires that these sanctions be imposed only in the public interest for the government's protection; and
WHEREAS, it is the purchasing agent, department of law, and the procuring department head's responsibility to evaluate the seriousness of the contractor's acts or omissions and any remedial measures or mitigating factors to determine whether debarment is in the government's interest.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. Section 4.12.040 of the Metropolitan Code is hereby amended by adding the following provisions at the end of subsection E.:
"The standards board shall adopt and promulgate regulations requiring that an offeror's prior Metropolitan Government audit findings and contract noncompliance, including b...
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