(a) Notwithstanding any other law, public bodies may make purchases under or through the auspices of a group purchasing program that has not submitted a formal bid, but has made available to the public body a price quote on the goods or services proposed for purchase by the public body and which quote may be considered and accepted by the public body as the submission of a formal bid as a part of the process of the otherwise applicable competitive bidding process; provided, that:
Terms Used In Tennessee Code 68-11-1203
Equivalent competitive procedures: means procedures that include the following: (A) Use of a notification procedure designed to reach prospective suppliers of goods or services likely to be interested, as well as able, to satisfy the requirement for such goods and services. See Tennessee Code 68-11-1202
Governing board: means that group of persons designated as commissioners, directors, trustees or similar titles denoting responsibility for establishing policy and having ultimate authority for control of the management, operations and finances of a public body. See Tennessee Code 68-11-1202
Group purchasing program: means any plan, program or method that is intended to provide one (1) or more public bodies, or other governmental or nonprofit organizations, or other entities or persons, whether located in this state or elsewhere, with the opportunity to obtain goods or services at a discount or savings not otherwise available through the purchasing practices of a public body. See Tennessee Code 68-11-1202
Public body: means : (A) Any hospital organized and operating under the Metropolitan Hospital Authority Act, compiled in title 7, chapter 57, as it existed on or after May 1, 1990. See Tennessee Code 68-11-1202
(1) The price quote of the group purchasing program is competitive and represents the lowest and best bid for the goods or services sought to be purchased under the competitive bidding process;(2) The group purchasing program certifies to the governing board of the public body that it uses equivalent competitive procedures to obtain quotes or contracts for goods or services sought to be purchased by the public body, so as to obtain the lowest and best bid available to the group purchasing program for the goods or services to be made available for purchase by the public body or other participants in the group purchasing program; and(3) The governing board of the public body has determined that participation in the group purchasing program is in the best interest of the public, such determination to be made at a meeting of the governing board of the public body no less frequently than annually upon a submission of a summary report by management of the public body showing the purchases made through one (1) or more group purchasing programs over a specific period of time covered by the summary report.(b) This part shall be construed as authority supplemental to purchasing authority provided under any other public or private act, and in the event of conflict between this part and any other public or private act, then this part shall prevail to the extent of any conflict.
