Section 1660-01-36-.03 - SALE PROCEDURES(1) The Agency's procedures for the sale of forestry products are outlined as follows: (a) Commercially feasible sales that are conducted to meet established objectives of habitat and wildlife management will be conducted as follows:1. Such sales shall be under sealed bids, publicly advertised, opened, and recorded.2. Notice of each sale shall be entered in at least one (1) newspaper of general circulation in the county or counties in which the sale is to be made. Invitations to bid shall specify the terms and conditions of the sale and the date the bids will be publicly opened and recorded, which shall be not less than twenty (20) days after the date of mailing, excluding Saturdays, Sundays, and holidays.3. The bid of the highest responsible bidder who accepts the terms and conditions contained in the invitations to bid shall be selected.4. The successful bidder shall be required to sign a timber sale contract at which time he will pay the full purchase price and post a performance bond equaling seven (7) percent of the sale price of the timber.5. Payment of both of the above amounts shall be by certified or cashier's checks, payable to the Tennessee Wildlife Resources Agency.6. Official records of the sale will be maintained in the Tennessee Wildlife Resources Agency Main Office in Nashville. Copies of the documents described in (a)1. through (a)5. above shall be forwarded to the State Surplus Property Division for review.(b) The following procedures shall be followed when commercially feasible sales are conducted as a result of natural or man-made catastrophes, such as ice storms, wind storms, wildfire, or insect and disease attacks occur:1. The Agency will notify prospective buyers when catastrophes occur that require emergency sales. Also, a notice of the sale will be entered in at least one (1) newspaper of general circulation in the county or counties in which the catastrophe occurred.2. The Agency will establish a set price of fair market value for each forestry product in the sale which all contractors will be required to pay. The price of each product will be periodically reviewed and will be revised if deemed necessary. Adequate documentation shall be provided concerning the establishment of prices and shall be dated and signed by the official or officials establishing the prices. This documentation shall be made a part of the official records of the sale. The fair market value shall be determined by considering the following criteria:(i) The character, condition, and location of the forestry products,(ii) The condition and climate of the potential market,(iii) Known prevailing market prices,(iv) The use of published industry value guides,(v) The use of estimates by persons knowledgeable of the type of forestry products to be sold,(vi) The immediacy of removal needs to avoid spoilage or conserve habitat.3. All contractors will be required to sign a timber sale contract specifying the amount, time limit, the amount of performance bond, and other details of the sale.4. Payments shall be made by certified or cashier's checks payable to the Tennessee Wildlife Resources Agency.5. Official records shall be maintained in the Tennessee Wildlife Resources Agency Main Office in Nashville. Copies of the documents described in (b)1. through (b)4. above shall be forwarded to State Personal Property Utilization Division for review.(c) The following procedures will be followed when sales are conducted which are not commercially feasible because they do not contain sufficient volume, or the timber is too scattered. 1. All timber involved in this type of sale will be harvested by the Agency personnel and sold at the highest price obtainable.2. If possible, the Agency shall obtain three written bids. If not possible, documentation shall be provided setting out reasons why bids could not be obtained. This documentation shall be made a part of the official records of the sale.3. All sales shall be approved in writing by the Executive Director and made a part of the official records of the sale.4. The successful bidder will not be required to sign a timber sale contract or post a performance bond.5. All checks shall be made payable to the Tennessee Wildlife Resources Agency.6. Official records shall be maintained in the Tennessee Wildlife Resources Agency Main Office in Nashville. Copies of the documents described in (c)2. through (c)5. above shall be forwarded to State Personal Property Utilization Division for review.Tenn. Comp. R. & Regs. 1660-01-36-.03
New rules filed December 1, 2023; effective 2/29/2024.Authority: T.C.A. §§ 70-1-206, 70-1-302, and 70-1-306(i).