Page 28 - Vol40 No3 Sept-Oct2022

COLLEGEDALE By Eric Sines & John Chlarson, P.E.
Getting Creative Post-Pandemic

to Fulfill Vital Equipment Needs

The Situation I reached out to our City
Attorney to inquire if we could
By Eric Sines purchase a used chassis without
going out to bid. He said that
Like many municipalities across T.C.A. 6-56-304, and 6-56-306
Tennessee, Collegedale ordered several requires that any purchases
trucks in 2021, one Class 7 garbage truck made by a municipality over
and four Class 2 pickup trucks. These $10,000 must be advertised for
trucks were purchased using Tennessee public bid.
statewide contract 209, and were ordered I was not completely sure how I would or through an appraisal by a licensed
at the beginning of August 2021, with an be able to put together a bid on a used appraiser, and the price is not more than
anticipated delivery date of December truck, and if any companies would five percent (5%) higher than the highest
2022. even respond to a bid for a used truck, value of the documented range.”
Due to a national chip shortage and taking into account the volatile used Citing the new information, I was
labor shortages, these trucks were truck market. I reached out to a friend able to request approval from our City
delayed several times. Eleven months of mine at the University of Tennessee’s Commission to purchase a used truck
after being ordered, these trucks still had Municipal Technical Advisory Service up for up to $100,000. A few weeks
not been delivered by mid-summer 2022. (MTAS) to see if they had any definitive later we were able to locate a used truck
Collegedale planned to purchase a new information on TCA regarding purchase that fit our chassis requirements, and
Class 7 knuckle boom truck in August of used vehicles. we made the purchase. We bought a
2022 and reached out to local dealers and John Chlarson at MTAS got back new knuckle boom body through a
manufacturers to check on lead times. with me very quickly with a solution. A Sourcewell contract, and moved forward
Everyone came back with 365-day (or section of TCA 12-3-1202 specifically with the build of our new/used knuckle
higher) lead times on new chassis. The lays out how a municipality can purchase boom truck in a much quicker (and less
body manufacturers’ lead times were still used equipment on the open market. expensive) manner than the traditional
in the 45-90 lead time. The equipment can be purchased “as bid/build process. In total we should
The year-long lead time on new chassis long as the purchasing government have a knuckle truck ready for operation
prompted us to look into purchasing a documents the general range of value in about 120 days (versus the 365+ days
used chassis and installing a new knuckle of the purchased item through a listing estimated to us) and for about $55,000
boom body on it to save time and money. in a nationally recognized publication less than originally budgeted.

The Solution and UT’s County Technical Assistance 12-3-1202. Purchase of secondhand
articles or equipment by municipalities
Service (CTAS) had information on a
By John Chlarson, P.E. legal procedure for the purchase of used or counties.
(a) Notwithstanding any charter, private
equipment by local governments. This is
When I got the call from Eric, I was something that many city attorneys would act, or general law requirements,
impressed with his out-of-the-box not typically have been exposed to under any municipality or any county may
thinking on solving the equipment normal conditions. In my response to purchase used or secondhand articles
supply chain issue by purchasing used Collegedale, I included the legal citation consisting of goods, equipment,
equipment now, rather than trying to and other information that they would materials, supplies, or commodities
operate without the equipment for 12 to need for their attorney and their auditors. from any federal, state, or local
18 months. Here’s how I answered Eric: governmental unit or agency without
One of the advantages of being with Actually, it turns out that purchasing public advertisement and competitive
UT’s MTAS for many years (and working used equipment is pretty simple as long as soliciting.
with municipalities across the state) is that you do proper documentation; that is, as (b) Notwithstanding any charter, private
sometimes similar problems crop up in far as the State is concerned. act, or general law requirements,
different regions. In this case, I knew that You may have to get Collegedale’s any municipality or any county may
I had worked in the past with a city that purchasing policy amended. purchase used or secondhand articles
was looking to purchase a specific piece of Tenn. Code Ann. § 12-3-1202 is what consisting of goods, equipment,
used equipment. Sure enough, both MTAS we are looking for. materials, supplies, or commodities
28 TPW September/October 2022