Tenn. Comp. R. & Regs. 0690-02-01-.17 - DISPOSAL OF WASTE PRODUCTS

(1) Waste products, such as scrap metals, used tires, and used batteries which are subject to storage and are normally accumulated until such quantities are available to make a sale economically feasible shall be sold under sealed bids by the generating agency as follows:

(a) Invitations to bid shall be mailed to known buyers of the particular item.

(b) Every effort shall be made to secure a minimum of three firm bids.

(c) Sealed bids shall be publicly opened and recorded twelve (12) days, excluding Saturdays, Sundays, and holidays, after the invitations to bid are mailed. The bids shall be opened and witnessed by responsible officials of the generating agency. The form on which the bids are recorded shall be signed by the official opening the bids and the official(s) witnessing the opening.

(d) The highest bidder shall be awarded the contract, and shall be notified of the date for removal of the property and the method of payment which will be acceptable.

(e) Controls shall be put into effect to insure that in the receipt and opening of sealed bids, all bidders receive equitable treatment.

(f) A file shall be maintained for each disposal for the purpose of documenting the sale and should include but not be limited to the following:

1. Copies of invitations to bid which were mailed,

2. A copy of each bid received,

3. A signed copy of the form on which bids were recorded,

4. A copy of notice to successful bidder,

5. A certificate of receipt of property showing the number of units purchased, the purchase price, and the date removed from state property. This certificate shall be signed by the purchaser and the state representative releasing the property.

6. Any other documents or information pertinent to the disposal.

(g) Copies of the documents listed in (f) above shall be forwarded to the accounting division of the disposing department or agency to substantiate the accounting necessary to record the sale, and to the State Personal Property Utilization Division for review.

(2) Waste products which are not subject to storage or for which storage is not economically available and must be removed from State property on a current basis as generated shall be disposed of under contract, negotiated at arms length, on a competitive basis where possible (including the solicitation of written proposals), by the Department of General Services or by the generating agency subject to final approval by the Commissioner of General Services.

(3) The following documentation shall be provided for contracts negotiated for the sale of waste products of the type described in rule .17 (2) above:

(a) A memorandum describing the circumstances which prevents the waste products from being disposed of by the method set out in rule .17 (1).

(b) A list of prospective purchasers contacted, including any correspondence with them, and copies of proposals submitted.

(c) A copy of the contract as negotiated.

(d) A certificate of receipt of property showing the number of units purchased, the contract price, and the date removed from State property. This certificate shall be signed by the purchaser and the State representative releasing the property.

(e) Any other documents or information pertinent to the disposal.

(f) Copies of the documents described in (3) (a), (b), and (c) shall be forwarded to the State Personal Property Utilization Division at the time the contract is negotiated for final approval by the Commissioner. Copies of documents described in (3) (d) and (e) above shall be mailed to State Personal Property Utilization Division for review after each sale is finalized. Copies of all the documents described in (3) shall be forwarded to the accounting division of the disposing agency to substantiate the accounting necessary to record the sale of the waste product(s).

Notes

Tenn. Comp. R. & Regs. 0690-02-01-.17

Original rule filed April 20, 1978; effective July 14, 1978. Amendment filed December 9, 1991; effective March 30, 1992.

Authority: T.C.A. §§ 12-2-403, 12-2-405, and Public Acts of 1976, Chapter 821.