Tenn. Code Ann. § 12-5-102 — TN Code / Title 12 / Chapter 5 / Section 12-5-102
Cost data for public documents
Status: in_force

(a) (1) Every department or agency of the state which promulgates public documents shall cause the following statement with cost data inserted to be printed on the publication adjacent to the identification of the agency responsible for the publication: "This public document was promulgated at a cost of $____________________ per copy." (2) This statement shall be printed in either the same size type as the body copy of the publication or in such type style and size to be fully legible and set in a box composed of a light-weight-rule line. (b) As used in this section, unless the context otherwise requires, "public document" means any annual, biennial, regular or special report or publication of which at least one thousand (1,000) copies are printed and which may be subject to distribution to the public, or any printed material which is controlled by the publications committee established in chapter 7, part 1 of this title, regardless of the number of copies produced. Public documents include: (1) The acts and journals of the general assembly, the reports of the supreme court and such other courts as shall have their decisions reported by the attorney general and reporter or shall be required by any act or resolution of the general assembly; (2) The periodic reports of officers of the state and any special reports that may from time to time be made by state officers or committees of the general assembly or other committees provided for by law; (3) Such other reports or statements as may be published under the authority of the state or any official thereof; and (4) Items exempted from the requirements of this section include letterhead stationery, envelopes, or memoranda and correspondence utilizing a manual signature and not reproduced through a printing related function; (c) For the purposes of this section, the following two (2) factors shall be utilized in computing cost data whether on bid by a private person or company, or by a state institution: (1) Preparation. Included in this is expenditure for materials, artwork and typesetting involved in preparing the public document for publication; and (2) Printing. Included in this is expenditure for reproduction, binding and other printing industry related functions. (d) This section shall be enforced and administered through the publications committee created pursuant to chapter 7, part 1 of this title. The publications committee may, in its discretion, render opinions to agencies as to whether those agencies are in compliance with this section. If the committee decides that those agencies are not in compliance, it has authority to direct those agencies to cease publication of the public documents which are not in compliance until such time as compliance shall be demonstrated to the committee's satisfaction. Acts 1977, ch. 398, §§ 1-4; T.C.A., § 12-538; Acts 1983, ch. 82, §§ 1-3; T.C.A. § 12-5-102 .
(a) (1) Every department or agency of the state which promulgates public documents shall cause the following statement with cost data inserted to be printed on the publication adjacent to the identification of the agency responsible for the publication: "This public document was promulgated at a cost of $____________________ per copy." (2) This statement shall be printed in either the same size type as the body copy of the publication or in such type style and size to be fully legible and set in a box composed of a light-weight-rule line.
(1) Every department or agency of the state which promulgates public documents shall cause the following statement with cost data inserted to be printed on the publication adjacent to the identification of the agency responsible for the publication: "This public document was promulgated at a cost of $____________________ per copy."
"This public document was promulgated at a cost of $____________________ per copy."
(2) This statement shall be printed in either the same size type as the body copy of the publication or in such type style and size to be fully legible and set in a box composed of a light-weight-rule line.
(b) As used in this section, unless the context otherwise requires, "public document" means any annual, biennial, regular or special report or publication of which at least one thousand (1,000) copies are printed and which may be subject to distribution to the public, or any printed material which is controlled by the publications committee established in chapter 7, part 1 of this title, regardless of the number of copies produced. Public documents include: (1) The acts and journals of the general assembly, the reports of the supreme court and such other courts as shall have their decisions reported by the attorney general and reporter or shall be required by any act or resolution of the general assembly; (2) The periodic reports of officers of the state and any special reports that may from time to time be made by state officers or committees of the general assembly or other committees provided for by law; (3) Such other reports or statements as may be published under the authority of the state or any official thereof; and (4) Items exempted from the requirements of this section include letterhead stationery, envelopes, or memoranda and correspondence utilizing a manual signature and not reproduced through a printing related function;
(1) The acts and journals of the general assembly, the reports of the supreme court and such other courts as shall have their decisions reported by the attorney general and reporter or shall be required by any act or resolution of the general assembly;
(2) The periodic reports of officers of the state and any special reports that may from time to time be made by state officers or committees of the general assembly or other committees provided for by law;
(3) Such other reports or statements as may be published under the authority of the state or any official thereof; and
(4) Items exempted from the requirements of this section include letterhead stationery, envelopes, or memoranda and correspondence utilizing a manual signature and not reproduced through a printing related function;
(c) For the purposes of this section, the following two (2) factors shall be utilized in computing cost data whether on bid by a private person or company, or by a state institution: (1) Preparation. Included in this is expenditure for materials, artwork and typesetting involved in preparing the public document for publication; and (2) Printing. Included in this is expenditure for reproduction, binding and other printing industry related functions.
(1) Preparation. Included in this is expenditure for materials, artwork and typesetting involved in preparing the public document for publication; and
(2) Printing. Included in this is expenditure for reproduction, binding and other printing industry related functions.
(d) This section shall be enforced and administered through the publications committee created pursuant to chapter 7, part 1 of this title. The publications committee may, in its discretion, render opinions to agencies as to whether those agencies are in compliance with this section. If the committee decides that those agencies are not in compliance, it has authority to direct those agencies to cease publication of the public documents which are not in compliance until such time as compliance shall be demonstrated to the committee's satisfaction.
Acts 1977, ch. 398, §§ 1-4; T.C.A., § 12-538; Acts 1983, ch. 82, §§ 1-3; T.C.A. § 12-5-102 .
Tenn. Code Ann. § 12-4-103 — TN Code / Title 12 / Chapter 4 / Section 12-4-103
Bidding, sale, or offer for sale by state employees or members of general assembly prohibited
Status: in_force

(a) (1) It is hereby declared unlawful for any state official or employee to bid on, sell, or offer for sale, any merchandise, equipment or material, or similar commodity, to the state of Tennessee during the tenure of such official's or employee's office or employment, or for six (6) months thereafter, or to have any interest in the selling of the same to the state. (2) (A) Except as otherwise provided in this subdivision (a)(2), it is an offense for any member of the general assembly to bid on, sell, or offer for sale any service to a state entity or to have a financial interest in the bidding, selling, or offering for sale of any service to a state entity. The prohibition set out in this subdivision (a)(2)(A) applies during the tenure of the member's office and for six (6) months thereafter. (B) It is an exception to the application of subdivision (a)(2)(A) if: (i) A member of the general assembly was elected prior to July 1, 2021; (ii) The member provided or offered to provide the service to a state entity prior to July 1, 2021, and the service is being provided or offered to the same state entity; (iii) The member has held office as a member of the general assembly continuously since July 1, 2021; and (iv) The member disclosed the nature of the service and the name of the state entity to which the service is provided or offered on the member's statement of interest pursuant to § 8-50-502 no later than September 1, 2021, and annually thereafter, for all years in which the member has continuously served as a member of the general assembly. (C) It is an exception to the application of subdivision (a)(2)(A) if the service is provided through an employment contract, an indigent defense contract, or a medical services contract unless prohibited by the Constitution of Tennessee. (D) It is an exception to the application of subdivision (a)(2)(A) if the financial interest in the bidding, selling, or offering for sale of any service to a state entity is: (i) Held in a blind trust pursuant to § 35-50-120 prior to administration of the member's oath of office, during the tenure of such member's service as a member of the general assembly, and for at least six (6) months thereafter; and (ii) Disclosed in accordance with § 2-10-128(a)(3) . (E) It is an exception to the application of subdivision (a)(2)(A) if the financial interest in the bidding, selling, or offering for sale of any service to a state entity is: (i) (a) Held as an investment with a federally chartered bank or state chartered bank; (b) Held as a share in a mutual fund; or (c) Held as a security in a business enterprise listed on the New York Stock Exchange, the NYSE American, or the Nasdaq and the holding represents less than five percent (5%) of the outstanding securities of the business enterprise; and (ii) Disclosed pursuant to § 2-10-128 or § 8-50-502 , as applicable. (F) The exceptions provided in subdivisions (a)(2)(B)-(E) do not apply to services provided to the legislative branch of state government. This subdivision (a)(2) does not preclude either house of the general assembly from adopting a rule more restrictive than the prohibition set out in subdivision (a)(2)(A). (G) For purposes of this subdivision (a)(2): (i) "Compensation" means any salary, fee, payment, reimbursement, or other valuable consideration, or any combination thereof; (ii) "Service" means any work, labor, or assistance provided in exchange for compensation; and (iii) "State entity" means an agency, branch, bureau, commission, department, or division of this state, and does not include a local government. (b) A person violating subsection (a) shall be liable to the state for any and all sums paid out by the state, together with interest at the rate of eight percent (8%) per annum, growing out of any such transaction. (c) A violation of subsection (a) is a Class E felony. (d) (1) A person who is convicted under subdivision (a)(2) is forever afterwards disqualified from holding any office under the laws or constitution of this state. (2) If at the time of conviction for an offense specified in subdivision (a)(2), the person still holds an office under the constitution of this state, then this subsection (d) applies to such person at the end of the person's term of office, unless otherwise expelled from office prior to that time. Amended by 2023 Tenn. Acts, ch. 288, s 2, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 288, s 1, eff. 7/1/2023. Amended by 2021 Tenn. Acts, ch. 347, s 2, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 347, s 1, eff. 7/1/2021. Amended by 2013 Tenn. Acts, ch. 403, s 73, eff. 7/1/2013. Acts 1953, ch. 160, § 1 (Williams, § 1876.1); T.C.A. (orig. ed.), § 12-403.
(a) (1) It is hereby declared unlawful for any state official or employee to bid on, sell, or offer for sale, any merchandise, equipment or material, or similar commodity, to the state of Tennessee during the tenure of such official's or employee's office or employment, or for six (6) months thereafter, or to have any interest in the selling of the same to the state. (2) (A) Except as otherwise provided in this subdivision (a)(2), it is an offense for any member of the general assembly to bid on, sell, or offer for sale any service to a state entity or to have a financial interest in the bidding, selling, or offering for sale of any service to a state entity. The prohibition set out in this subdivision (a)(2)(A) applies during the tenure of the member's office and for six (6) months thereafter. (B) It is an exception to the application of subdivision (a)(2)(A) if: (i) A member of the general assembly was elected prior to July 1, 2021; (ii) The member provided or offered to provide the service to a state entity prior to July 1, 2021, and the service is being provided or offered to the same state entity; (iii) The member has held office as a member of the general assembly continuously since July 1, 2021; and (iv) The member disclosed the nature of the service and the name of the state entity to which the service is provided or offered on the member's statement of interest pursuant to § 8-50-502 no later than September 1, 2021, and annually thereafter, for all years in which the member has continuously served as a member of the general assembly. (C) It is an exception to the application of subdivision (a)(2)(A) if the service is provided through an employment contract, an indigent defense contract, or a medical services contract unless prohibited by the Constitution of Tennessee. (D) It is an exception to the application of subdivision (a)(2)(A) if the financial interest in the bidding, selling, or offering for sale of any service to a state entity is: (i) Held in a blind trust pursuant to § 35-50-120 prior to administration of the member's oath of office, during the tenure of such member's service as a member of the general assembly, and for at least six (6) months thereafter; and (ii) Disclosed in accordance with § 2-10-128(a)(3) . (E) It is an exception to the application of subdivision (a)(2)(A) if the financial interest in the bidding, selling, or offering for sale of any service to a state entity is: (i) (a) Held as an investment with a federally chartered bank or state chartered bank; (b) Held as a share in a mutual fund; or (c) Held as a security in a business enterprise listed on the New York Stock Exchange, the NYSE American, or the Nasdaq and the holding represents less than five percent (5%) of the outstanding securities of the business enterprise; and (ii) Disclosed pursuant to § 2-10-128 or § 8-50-502 , as applicable. (F) The exceptions provided in subdivisions (a)(2)(B)-(E) do not apply to services provided to the legislative branch of state government. This subdivision (a)(2) does not preclude either house of the general assembly from adopting a rule more restrictive than the prohibition set out in subdivision (a)(2)(A). (G) For purposes of this subdivision (a)(2): (i) "Compensation" means any salary, fee, payment, reimbursement, or other valuable consideration, or any combination thereof; (ii) "Service" means any work, labor, or assistance provided in exchange for compensation; and (iii) "State entity" means an agency, branch, bureau, commission, department, or division of this state, and does not include a local government.
(1) It is hereby declared unlawful for any state official or employee to bid on, sell, or offer for sale, any merchandise, equipment or material, or similar commodity, to the state of Tennessee during the tenure of such official's or employee's office or employment, or for six (6) months thereafter, or to have any interest in the selling of the same to the state.
(2) (A) Except as otherwise provided in this subdivision (a)(2), it is an offense for any member of the general assembly to bid on, sell, or offer for sale any service to a state entity or to have a financial interest in the bidding, selling, or offering for sale of any service to a state entity. The prohibition set out in this subdivision (a)(2)(A) applies during the tenure of the member's office and for six (6) months thereafter. (B) It is an exception to the application of subdivision (a)(2)(A) if: (i) A member of the general assembly was elected prior to July 1, 2021; (ii) The member provided or offered to provide the service to a state entity prior to July 1, 2021, and the service is being provided or offered to the same state entity; (iii) The member has held office as a member of the general assembly continuously since July 1, 2021; and (iv) The member disclosed the nature of the service and the name of the state entity to which the service is provided or offered on the member's statement of interest pursuant to § 8-50-502 no later than September 1, 2021, and annually thereafter, for all years in which the member has continuously served as a member of the general assembly. (C) It is an exception to the application of subdivision (a)(2)(A) if the service is provided through an employment contract, an indigent defense contract, or a medical services contract unless prohibited by the Constitution of Tennessee. (D) It is an exception to the application of subdivision (a)(2)(A) if the financial interest in the bidding, selling, or offering for sale of any service to a state entity is: (i) Held in a blind trust pursuant to § 35-50-120 prior to administration of the member's oath of office, during the tenure of such member's service as a member of the general assembly, and for at least six (6) months thereafter; and (ii) Disclosed in accordance with § 2-10-128(a)(3) . (E) It is an exception to the application of subdivision (a)(2)(A) if the financial interest in the bidding, selling, or offering for sale of any service to a state entity is: (i) (a) Held as an investment with a federally chartered bank or state chartered bank; (b) Held as a share in a mutual fund; or (c) Held as a security in a business enterprise listed on the New York Stock Exchange, the NYSE American, or the Nasdaq and the holding represents less than five percent (5%) of the outstanding securities of the business enterprise; and (ii) Disclosed pursuant to § 2-10-128 or § 8-50-502 , as applicable. (F) The exceptions provided in subdivisions (a)(2)(B)-(E) do not apply to services provided to the legislative branch of state government. This subdivision (a)(2) does not preclude either house of the general assembly from adopting a rule more restrictive than the prohibition set out in subdivision (a)(2)(A). (G) For purposes of this subdivision (a)(2): (i) "Compensation" means any salary, fee, payment, reimbursement, or other valuable consideration, or any combination thereof; (ii) "Service" means any work, labor, or assistance provided in exchange for compensation; and (iii) "State entity" means an agency, branch, bureau, commission, department, or division of this state, and does not include a local government.
(A) Except as otherwise provided in this subdivision (a)(2), it is an offense for any member of the general assembly to bid on, sell, or offer for sale any service to a state entity or to have a financial interest in the bidding, selling, or offering for sale of any service to a state entity. The prohibition set out in this subdivision (a)(2)(A) applies during the tenure of the member's office and for six (6) months thereafter.
(B) It is an exception to the application of subdivision (a)(2)(A) if: (i) A member of the general assembly was elected prior to July 1, 2021; (ii) The member provided or offered to provide the service to a state entity prior to July 1, 2021, and the service is being provided or offered to the same state entity; (iii) The member has held office as a member of the general assembly continuously since July 1, 2021; and (iv) The member disclosed the nature of the service and the name of the state entity to which the service is provided or offered on the member's statement of interest pursuant to § 8-50-502 no later than September 1, 2021, and annually thereafter, for all years in which the member has continuously served as a member of the general assembly.
(i) A member of the general assembly was elected prior to July 1, 2021;
(ii) The member provided or offered to provide the service to a state entity prior to July 1, 2021, and the service is being provided or offered to the same state entity;
(iii) The member has held office as a member of the general assembly continuously since July 1, 2021; and
(iv) The member disclosed the nature of the service and the name of the state entity to which the service is provided or offered on the member's statement of interest pursuant to § 8-50-502 no later than September 1, 2021, and annually thereafter, for all years in which the member has continuously served as a member of the general assembly.
(C) It is an exception to the application of subdivision (a)(2)(A) if the service is provided through an employment contract, an indigent defense contract, or a medical services contract unless prohibited by the Constitution of Tennessee.
(D) It is an exception to the application of subdivision (a)(2)(A) if the financial interest in the bidding, selling, or offering for sale of any service to a state entity is: (i) Held in a blind trust pursuant to § 35-50-120 prior to administration of the member's oath of office, during the tenure of such member's service as a member of the general assembly, and for at least six (6) months thereafter; and (ii) Disclosed in accordance with § 2-10-128(a)(3) .
(i) Held in a blind trust pursuant to § 35-50-120 prior to administration of the member's oath of office, during the tenure of such member's service as a member of the general assembly, and for at least six (6) months thereafter; and
(ii) Disclosed in accordance with § 2-10-128(a)(3) .
(E) It is an exception to the application of subdivision (a)(2)(A) if the financial interest in the bidding, selling, or offering for sale of any service to a state entity is: (i) (a) Held as an investment with a federally chartered bank or state chartered bank; (b) Held as a share in a mutual fund; or (c) Held as a security in a business enterprise listed on the New York Stock Exchange, the NYSE American, or the Nasdaq and the holding represents less than five percent (5%) of the outstanding securities of the business enterprise; and (ii) Disclosed pursuant to § 2-10-128 or § 8-50-502 , as applicable.
(i) (a) Held as an investment with a federally chartered bank or state chartered bank; (b) Held as a share in a mutual fund; or (c) Held as a security in a business enterprise listed on the New York Stock Exchange, the NYSE American, or the Nasdaq and the holding represents less than five percent (5%) of the outstanding securities of the business enterprise; and
(a) Held as an investment with a federally chartered bank or state chartered bank;
(b) Held as a share in a mutual fund; or
(c) Held as a security in a business enterprise listed on the New York Stock Exchange, the NYSE American, or the Nasdaq and the holding represents less than five percent (5%) of the outstanding securities of the business enterprise; and
(ii) Disclosed pursuant to § 2-10-128 or § 8-50-502 , as applicable.
(F) The exceptions provided in subdivisions (a)(2)(B)-(E) do not apply to services provided to the legislative branch of state government. This subdivision (a)(2) does not preclude either house of the general assembly from adopting a rule more restrictive than the prohibition set out in subdivision (a)(2)(A).
(G) For purposes of this subdivision (a)(2): (i) "Compensation" means any salary, fee, payment, reimbursement, or other valuable consideration, or any combination thereof; (ii) "Service" means any work, labor, or assistance provided in exchange for compensation; and (iii) "State entity" means an agency, branch, bureau, commission, department, or division of this state, and does not include a local government.
(i) "Compensation" means any salary, fee, payment, reimbursement, or other valuable consideration, or any combination thereof;
(ii) "Service" means any work, labor, or assistance provided in exchange for compensation; and
(iii) "State entity" means an agency, branch, bureau, commission, department, or division of this state, and does not include a local government.
(b) A person violating subsection (a) shall be liable to the state for any and all sums paid out by the state, together with interest at the rate of eight percent (8%) per annum, growing out of any such transaction.
(c) A violation of subsection (a) is a Class E felony.
(d) (1) A person who is convicted under subdivision (a)(2) is forever afterwards disqualified from holding any office under the laws or constitution of this state. (2) If at the time of conviction for an offense specified in subdivision (a)(2), the person still holds an office under the constitution of this state, then this subsection (d) applies to such person at the end of the person's term of office, unless otherwise expelled from office prior to that time.
(1) A person who is convicted under subdivision (a)(2) is forever afterwards disqualified from holding any office under the laws or constitution of this state.
(2) If at the time of conviction for an offense specified in subdivision (a)(2), the person still holds an office under the constitution of this state, then this subsection (d) applies to such person at the end of the person's term of office, unless otherwise expelled from office prior to that time.
Amended by 2023 Tenn. Acts, ch. 288, s 2, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 288, s 1, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 347, s 2, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 347, s 1, eff. 7/1/2021.
Amended by 2013 Tenn. Acts, ch. 403, s 73, eff. 7/1/2013.
Acts 1953, ch. 160, § 1 (Williams, § 1876.1); T.C.A. (orig. ed.), § 12-403.
Tenn. Code Ann. § 12-4-118 — TN Code / Title 12 / Chapter 4 / Section 12-4-118
Energy performance or guaranteed savings contract using alternative procurement or contracting vehicles - Annual measurement and verification audit - Guarantee
Status: in_force

(a) Notwithstanding any law to the contrary, state agencies, in consultation with the department of general services, and in accordance with policies established by the state building commission and state funding board, may enter into an energy performance or guaranteed savings contract using alternative procurement or contracting vehicles, including, but not limited to, existing in-state and out-of-state government contracts that have been competitively procured, that incorporate energy or utility savings into the scope of work to be performed under the contract, and that expressly authorize other contracting entities to execute contracts or price agreements under the terms and conditions of the master contract on behalf of a department, institution, agency, or campus having control of, or responsibility for, the management or operation of buildings and facilities; provided, that the contract award meets the requirements of § 12-4-110 relative to energy-related service contracts for counties, cities, metropolitan governments, towns, utility districts, and other municipal and public corporations of this state. Such contracts are subject to approval by the state building commission. Agencies shall make reasonable efforts to ensure that small businesses are not disadvantaged in the determination of a qualified energy services provider. (b) Projects implemented under an energy performance or guaranteed energy savings contract under subsection (a) may include, but are not limited to, the following energy or utility conservation measures: (1) Building envelope weatherization; (2) Building automation controls; (3) Lighting retrofits and controls; (4) Water conservation, HVAC, chiller plant, boiler plant, or other mechanical modifications; (5) Submetering to measure performance of controls or systems; and (6) Other energy or utility conservation measures that would result in cost savings. (c) For the duration of each individual contract, an annual measurement and verification audit utilizing generally accepted auditing standards, such as the International Performance Measurement and Verification Protocol, must be conducted, and the related audit report must include, but not be limited to, energy or utility savings achieved, energy or utility savings targets met or exceeded, energy or utility savings targets missed, and guarantees paid by the energy service company executing the contract. The annual measurement and verification audit must be conducted by, and the related audit report must be prepared by, a third party at the expense of the energy service company executing the contract. Each audit report must be submitted annually by the state department, institution, or agency that has entered one (1) or more energy performance or guaranteed energy savings contracts to the department of environment and conservation's office of energy programs within thirty (30) days following the close of the fiscal year. The department of environment and conservation's office of energy programs shall submit the data to the governor, the commissioner of environment and conservation, state procurement agencies, the state building commission, the comptroller of the treasury, the speaker of the senate, and the speaker of the house of representatives no later than August 31 for each year in which each energy performance or guaranteed energy savings contract is executed and in effect. (d) Notwithstanding any law to the contrary, any energy service company executing an energy performance contract or a guaranteed energy savings contract shall provide a written guarantee that the operational, energy, or utility savings produced by such contract during each year of the contract will be sufficient to pay for the financing repayment costs for that year. The energy service company shall post a performance bond, letter of credit, or similar surety with the procurement agency for a term of up to three (3) years and that may be renewed for subsequent terms of up to three (3) years to insure the guaranteed savings over the contract term. The costs associated with the energy performance or guaranteed energy savings contract may be financed by a third-party installment payment agreement, tax exempt lease purchase agreement, or other appropriate financing agreement arranged by the energy service company for a term of up to the lesser of twenty (20) years or the aggregate weighted expected useful life of the items that are the subject of the agreement. The financing agreement must provide that the state procurement agency may terminate the agreement if sufficient funds are not appropriated to the state procurement agency in any fiscal year during the term of the contract to make the payments under the contract. (e) Notwithstanding any law to the contrary, this section is not applicable to energy-related service contracts for institutions of higher education, or for counties, cities, metropolitan governments, towns, utility districts, and other municipal and public corporations of this state. Amended by 2021 Tenn. Acts, ch. 279, s 5, eff. 5/3/2021. Acts 2018 , ch. 902, § 1. Prior version repealed by 2013 Tenn. Acts, ch. 403, s 81, eff. 7/1/2013.
(a) Notwithstanding any law to the contrary, state agencies, in consultation with the department of general services, and in accordance with policies established by the state building commission and state funding board, may enter into an energy performance or guaranteed savings contract using alternative procurement or contracting vehicles, including, but not limited to, existing in-state and out-of-state government contracts that have been competitively procured, that incorporate energy or utility savings into the scope of work to be performed under the contract, and that expressly authorize other contracting entities to execute contracts or price agreements under the terms and conditions of the master contract on behalf of a department, institution, agency, or campus having control of, or responsibility for, the management or operation of buildings and facilities; provided, that the contract award meets the requirements of § 12-4-110 relative to energy-related service contracts for counties, cities, metropolitan governments, towns, utility districts, and other municipal and public corporations of this state. Such contracts are subject to approval by the state building commission. Agencies shall make reasonable efforts to ensure that small businesses are not disadvantaged in the determination of a qualified energy services provider.
(b) Projects implemented under an energy performance or guaranteed energy savings contract under subsection (a) may include, but are not limited to, the following energy or utility conservation measures: (1) Building envelope weatherization; (2) Building automation controls; (3) Lighting retrofits and controls; (4) Water conservation, HVAC, chiller plant, boiler plant, or other mechanical modifications; (5) Submetering to measure performance of controls or systems; and (6) Other energy or utility conservation measures that would result in cost savings.
(1) Building envelope weatherization;
(2) Building automation controls;
(3) Lighting retrofits and controls;
(4) Water conservation, HVAC, chiller plant, boiler plant, or other mechanical modifications;
(5) Submetering to measure performance of controls or systems; and
(6) Other energy or utility conservation measures that would result in cost savings.
(c) For the duration of each individual contract, an annual measurement and verification audit utilizing generally accepted auditing standards, such as the International Performance Measurement and Verification Protocol, must be conducted, and the related audit report must include, but not be limited to, energy or utility savings achieved, energy or utility savings targets met or exceeded, energy or utility savings targets missed, and guarantees paid by the energy service company executing the contract. The annual measurement and verification audit must be conducted by, and the related audit report must be prepared by, a third party at the expense of the energy service company executing the contract. Each audit report must be submitted annually by the state department, institution, or agency that has entered one (1) or more energy performance or guaranteed energy savings contracts to the department of environment and conservation's office of energy programs within thirty (30) days following the close of the fiscal year. The department of environment and conservation's office of energy programs shall submit the data to the governor, the commissioner of environment and conservation, state procurement agencies, the state building commission, the comptroller of the treasury, the speaker of the senate, and the speaker of the house of representatives no later than August 31 for each year in which each energy performance or guaranteed energy savings contract is executed and in effect.
(d) Notwithstanding any law to the contrary, any energy service company executing an energy performance contract or a guaranteed energy savings contract shall provide a written guarantee that the operational, energy, or utility savings produced by such contract during each year of the contract will be sufficient to pay for the financing repayment costs for that year. The energy service company shall post a performance bond, letter of credit, or similar surety with the procurement agency for a term of up to three (3) years and that may be renewed for subsequent terms of up to three (3) years to insure the guaranteed savings over the contract term. The costs associated with the energy performance or guaranteed energy savings contract may be financed by a third-party installment payment agreement, tax exempt lease purchase agreement, or other appropriate financing agreement arranged by the energy service company for a term of up to the lesser of twenty (20) years or the aggregate weighted expected useful life of the items that are the subject of the agreement. The financing agreement must provide that the state procurement agency may terminate the agreement if sufficient funds are not appropriated to the state procurement agency in any fiscal year during the term of the contract to make the payments under the contract.
(e) Notwithstanding any law to the contrary, this section is not applicable to energy-related service contracts for institutions of higher education, or for counties, cities, metropolitan governments, towns, utility districts, and other municipal and public corporations of this state.
Amended by 2021 Tenn. Acts, ch. 279, s 5, eff. 5/3/2021.
Acts 2018 , ch. 902, § 1.
Prior version repealed by 2013 Tenn. Acts, ch. 403, s 81, eff. 7/1/2013.
Tenn. Code Ann. § 12-4-306 — TN Code / Title 12 / Chapter 4 / Section 12-4-306
Forms for reports and statements
Status: in_force

All forms for reporting figures by health care providers shall be designed and specified by the department of health, in consultation with the comptroller of the treasury and the state departments purchasing health care services and the Tennessee Hospital Association. All providers shall be required to submit statements on the form or forms prescribed and designed by the department for this purpose. Acts 1961, ch. 117, § 6; T.C.A., § 12-430; Acts 1984, ch. 787, § 6.
All forms for reporting figures by health care providers shall be designed and specified by the department of health, in consultation with the comptroller of the treasury and the state departments purchasing health care services and the Tennessee Hospital Association. All providers shall be required to submit statements on the form or forms prescribed and designed by the department for this purpose.
Acts 1961, ch. 117, § 6; T.C.A., § 12-430; Acts 1984, ch. 787, § 6.
Tenn. Code Ann. § 12-2-413 — TN Code / Title 12 / Chapter 2 / Section 12-2-413
Disposals pursuant to statute valid
Status: in_force

Bids, negotiations, purchases, trade-ins, and other procedures for disposal of surplus personal property authorized by statute and regulation shall not be construed as in violation of any law prohibiting arrangements, contracts, agreements, trusts, or combinations which lessen full and free competition in the disposal of state surplus personal property or which tend to control the price of such property. Acts 1976, ch. 821, § 13; T.C.A., § 12-247.
Bids, negotiations, purchases, trade-ins, and other procedures for disposal of surplus personal property authorized by statute and regulation shall not be construed as in violation of any law prohibiting arrangements, contracts, agreements, trusts, or combinations which lessen full and free competition in the disposal of state surplus personal property or which tend to control the price of such property.
Acts 1976, ch. 821, § 13; T.C.A., § 12-247.
Tenn. Code Ann. § 12-3-802 — TN Code / Title 12 / Chapter 3 / Section 12-3-802
Adoption and application of standard specifications and scopes of work
Status: in_force

It is the duty of all state agencies to furnish to the chief procurement officer recommended specifications for all goods and services required and to be required by such state agencies. It is the duty of the chief procurement officer to canvas the recommended specifications and either approve or modify the standard specifications and scopes of work so recommended, subject to the policy and criteria of the procurement commission. All standard specifications and scopes of work shall remain on file in the central procurement office and shall be posted on the central procurement office's website. Each standard specification adopted for any good or service shall fit, insofar as possible, the requirements of the majority of the state agencies that use the same. Amended by 2013 Tenn. Acts, ch. 403,s 42, eff. 7/1/2013. Acts 1980, ch. 888, § 4; T.C.A., § 12-3-602 ; Acts 1988, ch. 818, § 2; 1993, ch. 488, § 2; 1994, ch. 767, § 3; 1994, ch. 981, § 1; 2004, ch. 569, § 1; 2010, ch. 1098, § 2; 2010, ch. 1135, §§ 8, 9; 2010, ch. 1140, § 1; 2011, ch. 295, § 5.
It is the duty of all state agencies to furnish to the chief procurement officer recommended specifications for all goods and services required and to be required by such state agencies. It is the duty of the chief procurement officer to canvas the recommended specifications and either approve or modify the standard specifications and scopes of work so recommended, subject to the policy and criteria of the procurement commission. All standard specifications and scopes of work shall remain on file in the central procurement office and shall be posted on the central procurement office's website. Each standard specification adopted for any good or service shall fit, insofar as possible, the requirements of the majority of the state agencies that use the same.
Amended by 2013 Tenn. Acts, ch. 403,s 42, eff. 7/1/2013.
Acts 1980, ch. 888, § 4; T.C.A., § 12-3-602 ; Acts 1988, ch. 818, § 2; 1993, ch. 488, § 2; 1994, ch. 767, § 3; 1994, ch. 981, § 1; 2004, ch. 569, § 1; 2010, ch. 1098, § 2; 2010, ch. 1135, §§ 8, 9; 2010, ch. 1140, § 1; 2011, ch. 295, § 5.
Tenn. Code Ann. § 12-3-311 — TN Code / Title 12 / Chapter 3 / Section 12-3-311
Certain noncompetitive purchases and contracts entered into by the department of transportation are subject to the approval of the comptroller of the treasury - Review by the fiscal review committee
Status: in_force

All noncompetitive purchases and contracts entered into by the department of transportation for nonconstruction and nonengineering projects or services with a term of more than one (1) year or which are renewable by either party that would extend the contract beyond twelve (12) months and which have a cumulative value of not less than two hundred fifty thousand dollars ($250,000), including all possible renewals, shall be subject to the approval of the comptroller of the treasury. A list of all such purchases and contracts shall be filed with and subject to review by the fiscal review committee. Added by 2013 Tenn. Acts, ch. 217,s 1, eff. 4/23/2013.
All noncompetitive purchases and contracts entered into by the department of transportation for nonconstruction and nonengineering projects or services with a term of more than one (1) year or which are renewable by either party that would extend the contract beyond twelve (12) months and which have a cumulative value of not less than two hundred fifty thousand dollars ($250,000), including all possible renewals, shall be subject to the approval of the comptroller of the treasury. A list of all such purchases and contracts shall be filed with and subject to review by the fiscal review committee.
Added by 2013 Tenn. Acts, ch. 217,s 1, eff. 4/23/2013.
Tenn. Code Ann. § 12-7-202 — TN Code / Title 12 / Chapter 7 / Section 12-7-202
State records and documents to be printed on alkaline paper
Status: in_force

Each department, board, commission, agency or other entity of state government, including state institutions of higher education, shall use alkaline paper that meets or exceeds the American National Standards Institute standard for permanent paper for printed library materials (ANSI Z39.48), as approved by the commissioner of general services, for the printing or publication of all permanent state records or documents. Acts 1995, ch. 114, § 3; 2008, ch. 1120, § 3.
Each department, board, commission, agency or other entity of state government, including state institutions of higher education, shall use alkaline paper that meets or exceeds the American National Standards Institute standard for permanent paper for printed library materials (ANSI Z39.48), as approved by the commissioner of general services, for the printing or publication of all permanent state records or documents.
Acts 1995, ch. 114, § 3; 2008, ch. 1120, § 3.
Tenn. Code Ann. § 12-2-119 — TN Code / Title 12 / Chapter 2 / Section 12-2-119
Disposition of proceeds from sale and conveyance of surplus real property or improvements managed as state office buildings and support facilities revolving fund property
Status: in_force

Notwithstanding any law to the contrary, proceeds from the sale and conveyance of surplus real property or improvements managed as state office buildings and support facilities revolving fund property shall be deposited in the state office buildings and support facilities revolving fund, created by § 9-4-901 , to be used for capital outlay. Added by 2013 Tenn. Acts, ch. 454,s 9, eff. 5/16/2013.
Notwithstanding any law to the contrary, proceeds from the sale and conveyance of surplus real property or improvements managed as state office buildings and support facilities revolving fund property shall be deposited in the state office buildings and support facilities revolving fund, created by § 9-4-901 , to be used for capital outlay.
Added by 2013 Tenn. Acts, ch. 454,s 9, eff. 5/16/2013.
Tenn. Code Ann. § 12-4-206 — TN Code / Title 12 / Chapter 4 / Section 12-4-206
Joinder of parties - Limitation of actions
Status: in_force

Several persons entitled may join in one (1) suit on such bond, or one (1) of them may file a bill in equity in behalf of all such, who may, upon execution of a bond for costs, by petition assert their rights in the proceeding; provided, that action shall be brought or claims so filed within six (6) months following the completion of such public work, or of the furnishing of such labor or materials. Code 1932, § 7959; T.C.A. (orig. ed.), § 12-422.
Several persons entitled may join in one (1) suit on such bond, or one (1) of them may file a bill in equity in behalf of all such, who may, upon execution of a bond for costs, by petition assert their rights in the proceeding; provided, that action shall be brought or claims so filed within six (6) months following the completion of such public work, or of the furnishing of such labor or materials.
Code 1932, § 7959; T.C.A. (orig. ed.), § 12-422.
Tenn. Code Ann. § 12-7-103 — TN Code / Title 12 / Chapter 7 / Section 12-7-103
Approval required
Status: in_force

(a) No publication, coming within the jurisdiction of the commissioner of general services as provided by § 12-7-102 , shall be printed unless it has been approved in accordance with rules promulgated by the commissioner of general services. Rules set forth by the commissioner of general services shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (b) The commissioner of general services shall require any publication printed to include the number of copies printed. (c) The commissioner of general services shall not approve any publication that purports to contain a citation to or a reproduction of a duly promulgated agency rule, as defined by the Uniform Administrative Procedures Act, in § 4-5-102 , prior to receiving a written statement from the secretary of state or the secretary of state's representative verifying the fact that the rule so cited or reproduced has been duly promulgated and is currently in effect. (d) A printing authorization number shall be assigned to each publication that has been approved as required by this section. The printing authorization number shall be affixed to the publication adjacent to the identification of the agency responsible for the publication. No printing facility operated by the state shall print any publication, coming within the jurisdiction of the commissioner of general services as provided by § 12-7-102 , unless the printing authorization number has been affixed as required by this subsection (d). No contract shall be entered into, nor requisition issued, nor acted upon, by any state department or agency, including, but not limited to, the division of purchasing, for printing of any publication coming within the jurisdiction of the commissioner of general services as provided by § 12-7-102 , at any facility, unless the printing authorization number has been affixed as required by this subsection (d). All state contracts or grant agreements, including, but not limited to, all contracts for personal, professional and consultant services entered into under former §§ 12-4-109 and 12-4-110 [repealed], that involve or may involve the printing of any publication, coming within the jurisdiction of the commissioner of general services as provided by § 12-7-102 , shall contain a provision whereby the contractor or grantee agrees that no publication shall be printed unless a printing authorization number has been obtained and affixed as required by this section. (e) Whenever any department, institution or agency of the state government contracts for the printing of a publication coming within the jurisdiction of the commissioner of general services as provided by § 12-7-102 , and the publication has not been approved in accordance with rules promulgated by the commissioner of general services, the contract shall be void and of no effect. Acts 1976, ch. 694, § 3; T.C.A., § 12-1003; Acts 1980, ch. 455, § 1; 1982, ch. 563, §§ 5, 6; 1983, ch. 80, §§ 1, 2; 2008, ch. 1120, § 2.
(a) No publication, coming within the jurisdiction of the commissioner of general services as provided by § 12-7-102 , shall be printed unless it has been approved in accordance with rules promulgated by the commissioner of general services. Rules set forth by the commissioner of general services shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b) The commissioner of general services shall require any publication printed to include the number of copies printed.
(c) The commissioner of general services shall not approve any publication that purports to contain a citation to or a reproduction of a duly promulgated agency rule, as defined by the Uniform Administrative Procedures Act, in § 4-5-102 , prior to receiving a written statement from the secretary of state or the secretary of state's representative verifying the fact that the rule so cited or reproduced has been duly promulgated and is currently in effect.
(d) A printing authorization number shall be assigned to each publication that has been approved as required by this section. The printing authorization number shall be affixed to the publication adjacent to the identification of the agency responsible for the publication. No printing facility operated by the state shall print any publication, coming within the jurisdiction of the commissioner of general services as provided by § 12-7-102 , unless the printing authorization number has been affixed as required by this subsection (d). No contract shall be entered into, nor requisition issued, nor acted upon, by any state department or agency, including, but not limited to, the division of purchasing, for printing of any publication coming within the jurisdiction of the commissioner of general services as provided by § 12-7-102 , at any facility, unless the printing authorization number has been affixed as required by this subsection (d). All state contracts or grant agreements, including, but not limited to, all contracts for personal, professional and consultant services entered into under former §§ 12-4-109 and 12-4-110 [repealed], that involve or may involve the printing of any publication, coming within the jurisdiction of the commissioner of general services as provided by § 12-7-102 , shall contain a provision whereby the contractor or grantee agrees that no publication shall be printed unless a printing authorization number has been obtained and affixed as required by this section.
(e) Whenever any department, institution or agency of the state government contracts for the printing of a publication coming within the jurisdiction of the commissioner of general services as provided by § 12-7-102 , and the publication has not been approved in accordance with rules promulgated by the commissioner of general services, the contract shall be void and of no effect.
Acts 1976, ch. 694, § 3; T.C.A., § 12-1003; Acts 1980, ch. 455, § 1; 1982, ch. 563, §§ 5, 6; 1983, ch. 80, §§ 1, 2; 2008, ch. 1120, § 2.
Tenn. Code Ann. § 12-2-302 — TN Code / Title 12 / Chapter 2 / Section 12-2-302
Powers and duties of municipality
Status: in_force

In order to provide projects for a municipality and to enable the construction and financing thereof on lands owned by the municipality or by a not-for-profit corporation, but for no other purpose unless authorized by law, a municipality has the following powers and duties: (1) Without limitation by reason of any other provisions of law, the power to sell and convey title to a not-for-profit corporation any land and any existing building thereon owned by the municipality for such consideration and upon such terms and conditions as in the judgment of the governing body are in the interests of the municipality; (2) Without limitation by reason of any other provisions of law, the power to lease to a not-for-profit corporation for a term or terms, not exceeding fifty (50) years each, any land and existing buildings thereon owned by the municipality upon such terms and conditions as in the judgment of the governing body are in the interests of the municipality; (3) The power to lease or sublease from a not-for-profit corporation and to make available for public use any project erected upon land conveyed or leased to a not-for-profit corporation or upon any of the land owned by a not-for-profit corporation upon such terms, conditions and rentals as in the judgment of the governing body are in the interests of the municipality; (4) The power to pledge and assign all or any part of the revenues derived from the operation of a project as security for the payment of rentals due and to become due under any lease or sublease under subdivision (3); (5) The power to covenant and agree in any lease or sublease made under subdivision (3) to impose fees, rentals or other charges for the use and occupancy or other operation of such project in an amount calculated to produce net revenues sufficient to pay the rentals due and to become due under such lease or sublease; and (6) The power and duty, upon receipt of notice of any assignment by any such not-for-profit corporation of any lease or sublease made under subdivision (3), or of any of its rights under any such lease or sublease, to recognize and give effect to such assignment, and to pay to the assignee thereof rentals and other payments then due or which may become due under any such lease or sublease which has been so assigned by such not-for-profit corporation. Acts 1965, ch. 328, § 2; impl. am. Acts 1968, ch. 523, § 1 (17.06); T.C.A. (orig. ed.), § 12-230.
In order to provide projects for a municipality and to enable the construction and financing thereof on lands owned by the municipality or by a not-for-profit corporation, but for no other purpose unless authorized by law, a municipality has the following powers and duties:
(1) Without limitation by reason of any other provisions of law, the power to sell and convey title to a not-for-profit corporation any land and any existing building thereon owned by the municipality for such consideration and upon such terms and conditions as in the judgment of the governing body are in the interests of the municipality;
(2) Without limitation by reason of any other provisions of law, the power to lease to a not-for-profit corporation for a term or terms, not exceeding fifty (50) years each, any land and existing buildings thereon owned by the municipality upon such terms and conditions as in the judgment of the governing body are in the interests of the municipality;
(3) The power to lease or sublease from a not-for-profit corporation and to make available for public use any project erected upon land conveyed or leased to a not-for-profit corporation or upon any of the land owned by a not-for-profit corporation upon such terms, conditions and rentals as in the judgment of the governing body are in the interests of the municipality;
(4) The power to pledge and assign all or any part of the revenues derived from the operation of a project as security for the payment of rentals due and to become due under any lease or sublease under subdivision (3);
(5) The power to covenant and agree in any lease or sublease made under subdivision (3) to impose fees, rentals or other charges for the use and occupancy or other operation of such project in an amount calculated to produce net revenues sufficient to pay the rentals due and to become due under such lease or sublease; and
(6) The power and duty, upon receipt of notice of any assignment by any such not-for-profit corporation of any lease or sublease made under subdivision (3), or of any of its rights under any such lease or sublease, to recognize and give effect to such assignment, and to pay to the assignee thereof rentals and other payments then due or which may become due under any such lease or sublease which has been so assigned by such not-for-profit corporation.
Acts 1965, ch. 328, § 2; impl. am. Acts 1968, ch. 523, § 1 (17.06); T.C.A. (orig. ed.), § 12-230.
Tenn. Code Ann. § 12-4-302 — TN Code / Title 12 / Chapter 4 / Section 12-4-302
Determination of payment
Status: in_force

For the purposes herein set out, payment shall be determined by the comptroller of the treasury in accordance with the rules and regulations established by the department of health pursuant to § 12-4-301 , in consultation with the several state departments and agencies contracting with health care providers for services and the Tennessee Hospital Association. Acts 1961, ch. 117, § 2; 1963, ch. 289, § 1; T.C.A., § 12-426; Acts 1984, ch. 787, § 2.
For the purposes herein set out, payment shall be determined by the comptroller of the treasury in accordance with the rules and regulations established by the department of health pursuant to § 12-4-301 , in consultation with the several state departments and agencies contracting with health care providers for services and the Tennessee Hospital Association.
Acts 1961, ch. 117, § 2; 1963, ch. 289, § 1; T.C.A., § 12-426; Acts 1984, ch. 787, § 2.
Tenn. Code Ann. § 12-4-802 — TN Code / Title 12 / Chapter 4 / Section 12-4-802
Allowance of bidding preferences - Reciprocity
Status: in_force

Whenever the lowest responsible and responsive bidder on a public construction project in this state is a resident of another state which is contiguous to Tennessee and which allows a preference to a resident contractor of that state, a like reciprocal preference is allowed to the lowest responsible and responsive bidder on such project who is either a resident of this state or is a resident of another state which does not allow for a preference to a resident contractor of that state. Acts 1990, ch. 1062, § 3.
Whenever the lowest responsible and responsive bidder on a public construction project in this state is a resident of another state which is contiguous to Tennessee and which allows a preference to a resident contractor of that state, a like reciprocal preference is allowed to the lowest responsible and responsive bidder on such project who is either a resident of this state or is a resident of another state which does not allow for a preference to a resident contractor of that state.
Acts 1990, ch. 1062, § 3.
Tenn. Code Ann. § 12-2-113 — TN Code / Title 12 / Chapter 2 / Section 12-2-113
Public properties may be used to promote and foster industrial development
Status: in_force

(a) The state of Tennessee and the counties and cities thereof are authorized and empowered to permit use of their respective properties to promote and foster industrial development and create employment opportunities within their respective boundaries so long as such use does not unreasonably interfere with the use of such properties for their public purposes. (b) The state of Tennessee is specifically authorized through the governor and the commissioner of finance and administration, acting in cooperation with the state department involved, to enter into contracts with utility districts, water districts, local governments, industry or others for the sale of water from reservoirs owned by the state, in order that the purposes set forth in subsection (a) can be achieved. Acts 1963, ch. 331, § 1; 1969, ch. 8, § 1; modified; T.C.A., § 12-228.
(a) The state of Tennessee and the counties and cities thereof are authorized and empowered to permit use of their respective properties to promote and foster industrial development and create employment opportunities within their respective boundaries so long as such use does not unreasonably interfere with the use of such properties for their public purposes.
(b) The state of Tennessee is specifically authorized through the governor and the commissioner of finance and administration, acting in cooperation with the state department involved, to enter into contracts with utility districts, water districts, local governments, industry or others for the sale of water from reservoirs owned by the state, in order that the purposes set forth in subsection (a) can be achieved.
Acts 1963, ch. 331, § 1; 1969, ch. 8, § 1; modified; T.C.A., § 12-228.
Tenn. Code Ann. § 12-3-902 — TN Code / Title 12 / Chapter 3 / Section 12-3-902
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Energy efficiency standard" means a performance standard which prescribes the relationship of the energy use of a product to its useful output of services; (2) "Major energy-consuming product" means any article so designated by the chief procurement officer in consultation with the central procurement office staff; (3) "Political subdivision" means any city, town, municipality or county within the state; and (4) "State procurement commission" means the commission established as set forth in title 4, chapter 56. Amended by 2013 Tenn. Acts, ch. 403,s 51, eff. 7/1/2013. Acts 1970, ch. 567, § 2; impl. am. Acts 1972, ch. 543, § 7; T.C.A., §§ 12-340, 12-3-502; Acts 1994, ch. 669, § 5; 2001, ch. 89, § 2.
As used in this part, unless the context otherwise requires:
(1) "Energy efficiency standard" means a performance standard which prescribes the relationship of the energy use of a product to its useful output of services;
(2) "Major energy-consuming product" means any article so designated by the chief procurement officer in consultation with the central procurement office staff;
(3) "Political subdivision" means any city, town, municipality or county within the state; and
(4) "State procurement commission" means the commission established as set forth in title 4, chapter 56.
Amended by 2013 Tenn. Acts, ch. 403,s 51, eff. 7/1/2013.
Acts 1970, ch. 567, § 2; impl. am. Acts 1972, ch. 543, § 7; T.C.A., §§ 12-340, 12-3-502; Acts 1994, ch. 669, § 5; 2001, ch. 89, § 2.
Tenn. Code Ann. § 12-4-307 — TN Code / Title 12 / Chapter 4 / Section 12-4-307
Audits
Status: in_force

The comptroller of the treasury is empowered and has the right and privilege to audit any contracting health care provider to verify statements and data submitted by the provider; provided, that all legal aids granted to the comptroller of the treasury elsewhere, by law, are expressly reserved to the comptroller of the treasury in such audits. Acts 1961, ch. 117, § 7; T.C.A., § 12-431; Acts 1984, ch. 787, § 7.
The comptroller of the treasury is empowered and has the right and privilege to audit any contracting health care provider to verify statements and data submitted by the provider; provided, that all legal aids granted to the comptroller of the treasury elsewhere, by law, are expressly reserved to the comptroller of the treasury in such audits.
Acts 1961, ch. 117, § 7; T.C.A., § 12-431; Acts 1984, ch. 787, § 7.
Tenn. Code Ann. § 12-3-104 — TN Code / Title 12 / Chapter 3 / Section 12-3-104
Transfer of equipment between departments, institutions and agencies
Status: in_force

Whenever any state department or agency applies to the department of general services to lease or rent any equipment, the department of general services shall first ascertain whether or not any such equipment is available for use from any other department, institution, or agency. The department of general services shall have the power to request the transfer of any such equipment from one (1) department, institution, or agency to another with the approval of the head of the transferring department, institution, or agency. Amended by 2013 Tenn. Acts, ch. 403,s 11, eff. 7/1/2013. Acts 1953, ch. 163, § 28 (Williams, § 370.37); impl. am. Acts 1959, ch. 9, § 5; impl. am. Acts 1961, ch. 97, § 5; impl. am. Acts 1972, ch. 543, § 7; T.C.A. (orig. ed.), §§ 12-329, 12-3-124; Acts 2009, ch. 106, § 5.
Whenever any state department or agency applies to the department of general services to lease or rent any equipment, the department of general services shall first ascertain whether or not any such equipment is available for use from any other department, institution, or agency. The department of general services shall have the power to request the transfer of any such equipment from one (1) department, institution, or agency to another with the approval of the head of the transferring department, institution, or agency.
Amended by 2013 Tenn. Acts, ch. 403,s 11, eff. 7/1/2013.
Acts 1953, ch. 163, § 28 (Williams, § 370.37); impl. am. Acts 1959, ch. 9, § 5; impl. am. Acts 1961, ch. 97, § 5; impl. am. Acts 1972, ch. 543, § 7; T.C.A. (orig. ed.), §§ 12-329, 12-3-124; Acts 2009, ch. 106, § 5.
Tenn. Code Ann. § 12-2-303 — TN Code / Title 12 / Chapter 2 / Section 12-2-303
Municipality's liability under lease - Actions by not-for-profit corporations as lessors
Status: in_force

The municipality shall be liable for accrued rentals and for any other default under any lease or sublease made under § 12-2-302(3) , and may be sued therefor on contract as in other contract actions, except that it shall not be necessary for the not-for-profit corporation, as lessor, under any such lease or sublease or any assignee of such lessor or any person or legal entity proceeding on behalf of such lessor to file any claim or take any other action or proceeding prior to the commencement of any such action. Acts 1965, ch. 328, § 3; impl. am. Acts 1968, ch. 523, § 1 (17.06); T.C.A., § 12-231.
The municipality shall be liable for accrued rentals and for any other default under any lease or sublease made under § 12-2-302(3) , and may be sued therefor on contract as in other contract actions, except that it shall not be necessary for the not-for-profit corporation, as lessor, under any such lease or sublease or any assignee of such lessor or any person or legal entity proceeding on behalf of such lessor to file any claim or take any other action or proceeding prior to the commencement of any such action.
Acts 1965, ch. 328, § 3; impl. am. Acts 1968, ch. 523, § 1 (17.06); T.C.A., § 12-231.
Tenn. Code Ann. § 12-2-105 — TN Code / Title 12 / Chapter 2 / Section 12-2-105
Assembly and recording of conveyances
Status: in_force

(a) It is the duty of the commissioner of general services to collect all deeds to state-owned real property, and record each of the deeds in the county or counties in which the property is located. Thereafter, the commissioner shall transmit to the secretary of state the deeds, and they shall be recorded word for word and indexed in a well-bound book similar in design to the books used by the various county registers. In the event the commissioner is unable to locate any deed to state-owned property, the commissioner shall obtain a certified or photostatic copy of the same, if possible, and file it in such commissioner's office in conformity with this section. (b) The above procedure shall be followed in connection with any property which the state as lessee has under lease. Amended by 2013 Tenn. Acts, ch. 454,s 36, eff. 5/16/2013. Acts 1947, ch. 106, § 3; C. Supp. 1950, § 255.78 (Williams, § 254.21); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 12-205.
(a) It is the duty of the commissioner of general services to collect all deeds to state-owned real property, and record each of the deeds in the county or counties in which the property is located. Thereafter, the commissioner shall transmit to the secretary of state the deeds, and they shall be recorded word for word and indexed in a well-bound book similar in design to the books used by the various county registers. In the event the commissioner is unable to locate any deed to state-owned property, the commissioner shall obtain a certified or photostatic copy of the same, if possible, and file it in such commissioner's office in conformity with this section.
(b) The above procedure shall be followed in connection with any property which the state as lessee has under lease.
Amended by 2013 Tenn. Acts, ch. 454,s 36, eff. 5/16/2013.
Acts 1947, ch. 106, § 3; C. Supp. 1950, § 255.78 (Williams, § 254.21); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 12-205.
Tenn. Code Ann. § 12-3-309 — TN Code / Title 12 / Chapter 3 / Section 12-3-309
Prohibited contracts
Status: in_force

(a) Prohibited contracts: (1) No state governmental entity shall contract to acquire goods or services from any person who knowingly utilizes the services of illegal immigrants in the performance of a contract for goods or services entered into with a state governmental entity; (2) No person may contract to supply goods or services to a state governmental entity if that person knowingly utilizes the services of illegal immigrants in the performance of a contract to supply goods or services entered into with the state or a state entity. (b) After January 1, 2007, no person may enter into a contract to supply goods or services to a state governmental entity without first attesting in writing that the person will not knowingly utilize the services of illegal immigrants in the performance of the contract, and will not knowingly utilize the services of any subcontractor who will utilize the services of illegal immigrants in the performance of the contract. (c) If any person who contracts to supply goods or services to a state governmental entity, or who submits a response to contract to supply goods or services to a state governmental entity, is discovered to have knowingly utilized the services of illegal immigrants in the performance of the contract to supply goods or services to a state governmental entity, the chief procurement officer shall declare that person to be prohibited from contracting for or submitting a response for any contract to supply goods or services to a state governmental entity for a period of one (1) year from the date of discovery of the usage of illegal immigrant services in the performance of a contract to supply goods or services to a state governmental entity. (d) Any person who is prevented from contracting for or submitting a response for a contract to supply goods or services to a state governmental entity for one (1) year pursuant to subsection (c) may appeal the imposition of the one-year prohibition by utilizing an appeals process to be established by the chief procurement officer and approved by the procurement commission. (e) The chief procurement officer is authorized to promulgate rules and regulations to effectuate the purposes of this section and shall be approved by the procurement commission. All rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Amended by 2013 Tenn. Acts, ch. 403,s 18, eff. 7/1/2013.
(a) Prohibited contracts: (1) No state governmental entity shall contract to acquire goods or services from any person who knowingly utilizes the services of illegal immigrants in the performance of a contract for goods or services entered into with a state governmental entity; (2) No person may contract to supply goods or services to a state governmental entity if that person knowingly utilizes the services of illegal immigrants in the performance of a contract to supply goods or services entered into with the state or a state entity.
(1) No state governmental entity shall contract to acquire goods or services from any person who knowingly utilizes the services of illegal immigrants in the performance of a contract for goods or services entered into with a state governmental entity;
(2) No person may contract to supply goods or services to a state governmental entity if that person knowingly utilizes the services of illegal immigrants in the performance of a contract to supply goods or services entered into with the state or a state entity.
(b) After January 1, 2007, no person may enter into a contract to supply goods or services to a state governmental entity without first attesting in writing that the person will not knowingly utilize the services of illegal immigrants in the performance of the contract, and will not knowingly utilize the services of any subcontractor who will utilize the services of illegal immigrants in the performance of the contract.
(c) If any person who contracts to supply goods or services to a state governmental entity, or who submits a response to contract to supply goods or services to a state governmental entity, is discovered to have knowingly utilized the services of illegal immigrants in the performance of the contract to supply goods or services to a state governmental entity, the chief procurement officer shall declare that person to be prohibited from contracting for or submitting a response for any contract to supply goods or services to a state governmental entity for a period of one (1) year from the date of discovery of the usage of illegal immigrant services in the performance of a contract to supply goods or services to a state governmental entity.
(d) Any person who is prevented from contracting for or submitting a response for a contract to supply goods or services to a state governmental entity for one (1) year pursuant to subsection (c) may appeal the imposition of the one-year prohibition by utilizing an appeals process to be established by the chief procurement officer and approved by the procurement commission.
(e) The chief procurement officer is authorized to promulgate rules and regulations to effectuate the purposes of this section and shall be approved by the procurement commission. All rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Amended by 2013 Tenn. Acts, ch. 403,s 18, eff. 7/1/2013.
Tenn. Code Ann. § 12-3-301 — TN Code / Title 12 / Chapter 3 / Section 12-3-301
Written acquisition plan - Data relating to purchases and purchase estimates - Amendments to acquisition plan
Status: in_force

(a) (1) Before April 1 of each year, each state agency shall compile and submit to the chief procurement officer and the comptroller of the treasury, a written acquisition plan for the upcoming fiscal year forecasting the specific categories and quantities of goods and services anticipated for purchase by the state agency. The chief procurement officer shall develop procedures to ensure uniformity among the various state agencies both in the manner of calculating such forecasts and in the style and format used for submitting such written acquisition plans to the chief procurement officer. The information contained within such forecasts shall be based on good faith estimates and shall not be construed in any way to legally bind or authorize the state agency to make any purchase in conflict with the other requirements of this chapter. (2) This subsection (a) shall not apply to those entities exempt from this chapter pursuant to § 12-3-102 . (b) Before July 1 of each year, the chief procurement officer shall compile and publish the written acquisition plans submitted by the various agencies pursuant to subsection (a), within an annual report that shall be entitled "The Forecast of Acquisition Plans for State Departments and Agencies for Fiscal Year _____-_____." A copy of the report shall be posted on the central procurement office's website. (c) It is the duty of all state agencies to furnish to the central procurement office, upon request, data relating to purchases and purchase estimates. (d) An agency is permitted to amend or supplement its written acquisition plan before the end of a given fiscal year for unforeseen circumstances pursuant to rules, regulations and policies approved by the commission. Amended by 2013 Tenn. Acts, ch. 403,s 16, eff. 7/1/2013. Acts 1981, ch. 332, § 18; 2010, ch. 1098, § 2; 2011, ch. 295, §§ 5, 19.
(a) (1) Before April 1 of each year, each state agency shall compile and submit to the chief procurement officer and the comptroller of the treasury, a written acquisition plan for the upcoming fiscal year forecasting the specific categories and quantities of goods and services anticipated for purchase by the state agency. The chief procurement officer shall develop procedures to ensure uniformity among the various state agencies both in the manner of calculating such forecasts and in the style and format used for submitting such written acquisition plans to the chief procurement officer. The information contained within such forecasts shall be based on good faith estimates and shall not be construed in any way to legally bind or authorize the state agency to make any purchase in conflict with the other requirements of this chapter. (2) This subsection (a) shall not apply to those entities exempt from this chapter pursuant to § 12-3-102 .
(1) Before April 1 of each year, each state agency shall compile and submit to the chief procurement officer and the comptroller of the treasury, a written acquisition plan for the upcoming fiscal year forecasting the specific categories and quantities of goods and services anticipated for purchase by the state agency. The chief procurement officer shall develop procedures to ensure uniformity among the various state agencies both in the manner of calculating such forecasts and in the style and format used for submitting such written acquisition plans to the chief procurement officer. The information contained within such forecasts shall be based on good faith estimates and shall not be construed in any way to legally bind or authorize the state agency to make any purchase in conflict with the other requirements of this chapter.
(2) This subsection (a) shall not apply to those entities exempt from this chapter pursuant to § 12-3-102 .
(b) Before July 1 of each year, the chief procurement officer shall compile and publish the written acquisition plans submitted by the various agencies pursuant to subsection (a), within an annual report that shall be entitled "The Forecast of Acquisition Plans for State Departments and Agencies for Fiscal Year _____-_____." A copy of the report shall be posted on the central procurement office's website.
(c) It is the duty of all state agencies to furnish to the central procurement office, upon request, data relating to purchases and purchase estimates.
(d) An agency is permitted to amend or supplement its written acquisition plan before the end of a given fiscal year for unforeseen circumstances pursuant to rules, regulations and policies approved by the commission.
Amended by 2013 Tenn. Acts, ch. 403,s 16, eff. 7/1/2013.
Acts 1981, ch. 332, § 18; 2010, ch. 1098, § 2; 2011, ch. 295, §§ 5, 19.
Tenn. Code Ann. § 12-2-417 — TN Code / Title 12 / Chapter 2 / Section 12-2-417
State employee violation - Punishment
Status: in_force

A state employee who violates § 12-2-415 shall be punished by removal from employment in the state service and shall be prohibited from such employment for a period of five (5) years, in addition to the penalties provided in § 12-2-416 . Acts 1976, ch. 799, § 3; T.C.A., § 12-251.
A state employee who violates § 12-2-415 shall be punished by removal from employment in the state service and shall be prohibited from such employment for a period of five (5) years, in addition to the penalties provided in § 12-2-416 .
Acts 1976, ch. 799, § 3; T.C.A., § 12-251.
Tenn. Code Ann. § 12-2-416 — TN Code / Title 12 / Chapter 2 / Section 12-2-416
Violation of Section 12-2-415
Status: in_force

A violation of § 12-2-415 is a Class E felony. Acts 1976, ch. 799, § 2; T.C.A., § 12-250; Acts 1989, ch. 591, § 23.
A violation of § 12-2-415 is a Class E felony.
Acts 1976, ch. 799, § 2; T.C.A., § 12-250; Acts 1989, ch. 591, § 23.
Tenn. Code Ann. § 12-7-108 — TN Code / Title 12 / Chapter 7 / Section 12-7-108
Exceptions to Part
Status: in_force

The requirements of this part do not apply to any student newspaper publication or annuals and/or yearbooks. Acts 1976, ch. 694, § 8; T.C.A., § 12-1008.
The requirements of this part do not apply to any student newspaper publication or annuals and/or yearbooks.
Acts 1976, ch. 694, § 8; T.C.A., § 12-1008.
Tenn. Code Ann. § 12-3-804 — TN Code / Title 12 / Chapter 3 / Section 12-3-804
Standard specifications preferred - Procedure for exceptions
Status: in_force

The chief procurement officer shall make use of standard specifications whenever practicable. Goods and services purchased without standard specifications shall be made in accordance with policies and criteria established by the procurement commission. Amended by 2013 Tenn. Acts, ch. 403,s 44, eff. 7/1/2013. Acts 1980, ch. 888, § 6; T.C.A., § 12-3-604 ; Acts 1988, ch. 818, § 4; 1993, ch. 521, § 2; 1994, ch. 981, § 4; 2004, ch. 569, § 1; 2010, ch. 1098, § 2; 2010, ch. 1140, §§ 3, 4; 2011, ch. 295, §§ 5, 19.
The chief procurement officer shall make use of standard specifications whenever practicable. Goods and services purchased without standard specifications shall be made in accordance with policies and criteria established by the procurement commission.
Amended by 2013 Tenn. Acts, ch. 403,s 44, eff. 7/1/2013.
Acts 1980, ch. 888, § 6; T.C.A., § 12-3-604 ; Acts 1988, ch. 818, § 4; 1993, ch. 521, § 2; 1994, ch. 981, § 4; 2004, ch. 569, § 1; 2010, ch. 1098, § 2; 2010, ch. 1140, §§ 3, 4; 2011, ch. 295, §§ 5, 19.
Tenn. Code Ann. § 12-4-407 — TN Code / Title 12 / Chapter 4 / Section 12-4-407
Rates set out in specifications
Status: in_force

Before advertising for bids or entering into any contract for a state highway construction project, every state agency under whose jurisdiction such work is to be performed shall ascertain from the commission prevailing wage rates for all classifications as herein provided in the areas where the work is to be performed. This schedule of wages shall be attached to and made a part of the specifications for the work, and shall be printed on the bidding blanks and made a part of every contract for the construction of any state highway construction project. Amended by 2013 Tenn. Acts, ch. 280,s 7, eff. 1/1/2014. Acts 1975, ch. 368, § 1; T.C.A., § 12-441.
Before advertising for bids or entering into any contract for a state highway construction project, every state agency under whose jurisdiction such work is to be performed shall ascertain from the commission prevailing wage rates for all classifications as herein provided in the areas where the work is to be performed. This schedule of wages shall be attached to and made a part of the specifications for the work, and shall be printed on the bidding blanks and made a part of every contract for the construction of any state highway construction project.
Amended by 2013 Tenn. Acts, ch. 280,s 7, eff. 1/1/2014.
Acts 1975, ch. 368, § 1; T.C.A., § 12-441.
Tenn. Code Ann. § 12-4-405 — TN Code / Title 12 / Chapter 4 / Section 12-4-405
Determination of prevailing wage
Status: in_force

For purposes of this part, the prevailing wage rate shall be determined as follows: (1) Every highway contractor, as herein defined, in this state, shall have the right to certify, on contracts entered into, to the commission, on or before October 31 in each year that a determination is to be made, the following: (A) Copies of payroll records for the immediate preceding calendar quarter by area as defined in subdivision (2); and (B) The numbers of hours worked and the straight time rate per hour paid for such hours in each of the classifications referred to in this part by area as defined in subdivision (2) for the immediate preceding calendar quarter; (2) For purposes of calculating the prevailing wage rate for workers employed by highway contractors, the state shall be deemed to consist of one (1) statewide area; (3) For purposes of determining the prevailing wage rate for workers employed by highway contractors, the commission may issue classifications of crafts of workers including, but not limited to, the following: bricklayers; iron workers, structural; iron workers, reinforcing; carpenters or leadspersons; cement masons; nozzlepersons or gunpersons (gunite); painters or sandblasters; shovel operators; backhoe operators; crane operators; end loaders; pile driver operators; motor patrols, finish; concrete paver operators; mechanics, Class I; mechanics, Class II; motor patrols (rough); bulldozer or push dozer operators; scraper operators; trenching machine operators; central mixing (asphalt or concrete); tractors, booms and hoists; concrete finishing machines; soil cement machines; asphalt pavers; rollers, high type; spreaders, self propelled; distributors, bituminous; roller, other than finish; tractor, crawler, utility; dozers or loaders, stock piles only; concrete mixers, less than one (1) yard; mulchers or seeders; earth drills; scale operators; tractors, farm; curb machines; ditch pavers; pump operators; concrete saws; guardrail erectors; sign erectors; motor crane drivers; fence erectors; firefighters; asphalt rakers; tract drill operators; concrete edgers; powder persons; form setters, steel rods; air tool operators; mortar mixers; chain saws; pipe layers; concrete rubbers; laborers; flaggers; oilers; welder's helpers; mechanic's helpers; electricians; truck drivers, two (2) and three (3) axles; truck drivers, four (4) and five (5) axles or more or heavy duty off-the-road trucks; welders, receive rate for craft performing operation to which welding is incidental; (4) The prevailing wage rate for each area specified in subdivision (2) shall be determined by calculating the average hourly rate of pay for each classification referred to in subdivision (3). The commission shall determine the prevailing wage annually for highway construction from the documentation certified to the commission pursuant to subdivision (1). The commission, if it ascertains that current economic conditions warrant, can adjust the final wage determination as developed by the documentation certified to the commission by adding to or subtracting from the determination a percentage factor of not more than six percent (6%), based on the previous year's prevailing wage rates. Such determination shall be effective until the next determination of the prevailing wage rate pursuant to the terms hereof, unless herein otherwise specifically provided. The prevailing wage rate must be determined pursuant to this part and the failure of any highway contractor or contractors to provide the documentation referred to in subdivision (1) shall not affect such determination; (5) (A) The commission shall determine the prevailing wage rate pursuant to the terms of this part and give notice thereof on or before December 1 of each year a determination is to be made. The commission shall give notice of such prevailing wage rate to all highway contractors who submitted documentation in accordance with subdivision (1) and to any others making written request for such notice. Such notice shall include the time and place of the public hearing required by § 12-4-406 . The commission shall take all reasonable steps to verify the survey results submitted to it by highway contractors pursuant to this part, and may, at any time, after first holding a public hearing thereon, adjust wage rates so that they reflect only survey data which has been verified by the commission; (B) The prevailing wage commission is urged to continue its efforts to develop an internet application for the submission of survey forms by highway contractors and periodically update the general assembly on the progress of such development; and (6) Until such time as the commission makes a prevailing wage rate determination pursuant to this part, the prevailing wage rate in effect on April 23, 1975, shall be considered to be the prevailing wage rate. Amended by 2013 Tenn. Acts, ch. 280,s 4, eff. 1/1/2014. Acts 1975, ch. 368, §§ 1, 3; 1978, ch. 696, §§ 1-3; T.C.A., § 12-439; Acts 1983, ch. 218, § 2; 1991, ch. 36, § 1; 2004, ch. 538, § 1.
For purposes of this part, the prevailing wage rate shall be determined as follows:
(1) Every highway contractor, as herein defined, in this state, shall have the right to certify, on contracts entered into, to the commission, on or before October 31 in each year that a determination is to be made, the following: (A) Copies of payroll records for the immediate preceding calendar quarter by area as defined in subdivision (2); and (B) The numbers of hours worked and the straight time rate per hour paid for such hours in each of the classifications referred to in this part by area as defined in subdivision (2) for the immediate preceding calendar quarter;
(A) Copies of payroll records for the immediate preceding calendar quarter by area as defined in subdivision (2); and
(B) The numbers of hours worked and the straight time rate per hour paid for such hours in each of the classifications referred to in this part by area as defined in subdivision (2) for the immediate preceding calendar quarter;
(2) For purposes of calculating the prevailing wage rate for workers employed by highway contractors, the state shall be deemed to consist of one (1) statewide area;
(3) For purposes of determining the prevailing wage rate for workers employed by highway contractors, the commission may issue classifications of crafts of workers including, but not limited to, the following: bricklayers; iron workers, structural; iron workers, reinforcing; carpenters or leadspersons; cement masons; nozzlepersons or gunpersons (gunite); painters or sandblasters; shovel operators; backhoe operators; crane operators; end loaders; pile driver operators; motor patrols, finish; concrete paver operators; mechanics, Class I; mechanics, Class II; motor patrols (rough); bulldozer or push dozer operators; scraper operators; trenching machine operators; central mixing (asphalt or concrete); tractors, booms and hoists; concrete finishing machines; soil cement machines; asphalt pavers; rollers, high type; spreaders, self propelled; distributors, bituminous; roller, other than finish; tractor, crawler, utility; dozers or loaders, stock piles only; concrete mixers, less than one (1) yard; mulchers or seeders; earth drills; scale operators; tractors, farm; curb machines; ditch pavers; pump operators; concrete saws; guardrail erectors; sign erectors; motor crane drivers; fence erectors; firefighters; asphalt rakers; tract drill operators; concrete edgers; powder persons; form setters, steel rods; air tool operators; mortar mixers; chain saws; pipe layers; concrete rubbers; laborers; flaggers; oilers; welder's helpers; mechanic's helpers; electricians; truck drivers, two (2) and three (3) axles; truck drivers, four (4) and five (5) axles or more or heavy duty off-the-road trucks; welders, receive rate for craft performing operation to which welding is incidental;
(4) The prevailing wage rate for each area specified in subdivision (2) shall be determined by calculating the average hourly rate of pay for each classification referred to in subdivision (3). The commission shall determine the prevailing wage annually for highway construction from the documentation certified to the commission pursuant to subdivision (1). The commission, if it ascertains that current economic conditions warrant, can adjust the final wage determination as developed by the documentation certified to the commission by adding to or subtracting from the determination a percentage factor of not more than six percent (6%), based on the previous year's prevailing wage rates. Such determination shall be effective until the next determination of the prevailing wage rate pursuant to the terms hereof, unless herein otherwise specifically provided. The prevailing wage rate must be determined pursuant to this part and the failure of any highway contractor or contractors to provide the documentation referred to in subdivision (1) shall not affect such determination;
(5) (A) The commission shall determine the prevailing wage rate pursuant to the terms of this part and give notice thereof on or before December 1 of each year a determination is to be made. The commission shall give notice of such prevailing wage rate to all highway contractors who submitted documentation in accordance with subdivision (1) and to any others making written request for such notice. Such notice shall include the time and place of the public hearing required by § 12-4-406 . The commission shall take all reasonable steps to verify the survey results submitted to it by highway contractors pursuant to this part, and may, at any time, after first holding a public hearing thereon, adjust wage rates so that they reflect only survey data which has been verified by the commission; (B) The prevailing wage commission is urged to continue its efforts to develop an internet application for the submission of survey forms by highway contractors and periodically update the general assembly on the progress of such development; and
(A) The commission shall determine the prevailing wage rate pursuant to the terms of this part and give notice thereof on or before December 1 of each year a determination is to be made. The commission shall give notice of such prevailing wage rate to all highway contractors who submitted documentation in accordance with subdivision (1) and to any others making written request for such notice. Such notice shall include the time and place of the public hearing required by § 12-4-406 . The commission shall take all reasonable steps to verify the survey results submitted to it by highway contractors pursuant to this part, and may, at any time, after first holding a public hearing thereon, adjust wage rates so that they reflect only survey data which has been verified by the commission;
(B) The prevailing wage commission is urged to continue its efforts to develop an internet application for the submission of survey forms by highway contractors and periodically update the general assembly on the progress of such development; and
(6) Until such time as the commission makes a prevailing wage rate determination pursuant to this part, the prevailing wage rate in effect on April 23, 1975, shall be considered to be the prevailing wage rate.
Amended by 2013 Tenn. Acts, ch. 280,s 4, eff. 1/1/2014.
Acts 1975, ch. 368, §§ 1, 3; 1978, ch. 696, §§ 1-3; T.C.A., § 12-439; Acts 1983, ch. 218, § 2; 1991, ch. 36, § 1; 2004, ch. 538, § 1.
Tenn. Code Ann. § 12-10-118 — TN Code / Title 12 / Chapter 10 / Section 12-10-118
Status as nonprofit corporation - Disposition of earnings
Status: in_force

The authority shall be a public nonprofit corporation and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any individual, firm or corporation, except that in the event the board shall determine that sufficient provision has been made for the full payment of the expenses, bonds and other obligations of the authority, including reserves therefor, then any net earnings of the authority thereafter accruing may be used to provide a reserve for depreciation of any project or projects undertaken by such authority in an amount determined by the board to be necessary and reasonable, and net earnings available thereafter shall be paid to the municipality with respect to which the authority was organized; provided, that nothing herein contained shall prevent the board from transferring all or any part of its properties in accordance with the terms of any lease entered into by the authority. Acts 1971, ch. 126, § 18; T.C.A., § 12-918.
The authority shall be a public nonprofit corporation and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any individual, firm or corporation, except that in the event the board shall determine that sufficient provision has been made for the full payment of the expenses, bonds and other obligations of the authority, including reserves therefor, then any net earnings of the authority thereafter accruing may be used to provide a reserve for depreciation of any project or projects undertaken by such authority in an amount determined by the board to be necessary and reasonable, and net earnings available thereafter shall be paid to the municipality with respect to which the authority was organized; provided, that nothing herein contained shall prevent the board from transferring all or any part of its properties in accordance with the terms of any lease entered into by the authority.
Acts 1971, ch. 126, § 18; T.C.A., § 12-918.
Tenn. Code Ann. § 12-4-902 — TN Code / Title 12 / Chapter 4 / Section 12-4-902
Purpose
Status: in_force

The purpose of this part is to prohibit public agencies from imposing certain labor and wage requirements as a condition of performing public works that are state funded in part or in whole. Acts 2011, ch. 233, § 3.
The purpose of this part is to prohibit public agencies from imposing certain labor and wage requirements as a condition of performing public works that are state funded in part or in whole.
Acts 2011, ch. 233, § 3.
Tenn. Code Ann. § 12-2-402 — TN Code / Title 12 / Chapter 2 / Section 12-2-402
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Commission" means the procurement commission; (2) "Commissioner" means the commissioner of general services; (3) "Personal property" or "property" means every species of state property which is not either: (A) Real property, the disposal of which is subject to this title, governing the disposal of state real property; or (B) Intangible personal property as defined in § 67-5-501 , relative to the assessment of intangible personal property for tax purposes; and (4) "Surplus" or "surplus property" means that personal property which has been determined to be obsolete, outmoded, or no longer usable by the state and declared as such, by the commissioner or head of the releasing department or agency, in accordance with this part. Acts 1976, ch. 821, § 2; T.C.A., § 12-236; Acts 2011, ch. 295, §§ 9(a), 19; 2012, ch. 626, § 4.
As used in this part, unless the context otherwise requires:
(1) "Commission" means the procurement commission;
(2) "Commissioner" means the commissioner of general services;
(3) "Personal property" or "property" means every species of state property which is not either: (A) Real property, the disposal of which is subject to this title, governing the disposal of state real property; or (B) Intangible personal property as defined in § 67-5-501 , relative to the assessment of intangible personal property for tax purposes; and
(A) Real property, the disposal of which is subject to this title, governing the disposal of state real property; or
(B) Intangible personal property as defined in § 67-5-501 , relative to the assessment of intangible personal property for tax purposes; and
(4) "Surplus" or "surplus property" means that personal property which has been determined to be obsolete, outmoded, or no longer usable by the state and declared as such, by the commissioner or head of the releasing department or agency, in accordance with this part.
Acts 1976, ch. 821, § 2; T.C.A., § 12-236; Acts 2011, ch. 295, §§ 9(a), 19; 2012, ch. 626, § 4.
Tenn. Code Ann. § 12-4-114 — TN Code / Title 12 / Chapter 4 / Section 12-4-114
No conflict of interest allowed
Status: in_force

(a) (1) No public officer or employee who is involved in making or administering a contract on behalf of a public agency may derive a direct benefit from the contract except as provided in this section, or as otherwise allowed by law. (2) No public employee having official responsibility for a procurement transaction shall participate in that transaction on behalf of the public body when the employee knows that: (A) The employee is contemporaneously employed by a respondent to a solicitation or contractor involved in the procurement transaction; (B) The employee, the employee's spouse, or any member of the employee's immediate family holds a position with a respondent to a solicitation, a contractor involved in the procurement transaction, such as an officer, director, trustee, partner or the like, or is employed in a capacity involving personal and substantial participation in the procurement transaction, or owns or controls an interest of more than five percent (5%); (C) The employee, the employee's spouse, or any member of the employee's immediate family has a pecuniary interest arising from the procurement transaction; or (D) The employee, the employee's spouse, or any member of the employee's immediate family is negotiating, or has an arrangement concerning, prospective employment with a respondent to a solicitation or contractor involved in the procurement transaction. (3) A public officer or employee who will derive a direct benefit from a contract with the public agency the officer or employee serves, but who is not involved in making or administering the contract, shall not attempt to influence any other person who is involved in making or administering the contract. (4) No public officer or employee may solicit or receive any gift, reward, or promise of reward in exchange for recommending, influencing, or attempting to influence the award of a contract by the public agency the officer or employee serves. (b) As used in this section, "immediate family" means spouse, dependent children or stepchildren, or relatives related by blood or marriage. Added by 2013 Tenn. Acts, ch. 403,s 72, eff. 7/1/2013.
(a) (1) No public officer or employee who is involved in making or administering a contract on behalf of a public agency may derive a direct benefit from the contract except as provided in this section, or as otherwise allowed by law. (2) No public employee having official responsibility for a procurement transaction shall participate in that transaction on behalf of the public body when the employee knows that: (A) The employee is contemporaneously employed by a respondent to a solicitation or contractor involved in the procurement transaction; (B) The employee, the employee's spouse, or any member of the employee's immediate family holds a position with a respondent to a solicitation, a contractor involved in the procurement transaction, such as an officer, director, trustee, partner or the like, or is employed in a capacity involving personal and substantial participation in the procurement transaction, or owns or controls an interest of more than five percent (5%); (C) The employee, the employee's spouse, or any member of the employee's immediate family has a pecuniary interest arising from the procurement transaction; or (D) The employee, the employee's spouse, or any member of the employee's immediate family is negotiating, or has an arrangement concerning, prospective employment with a respondent to a solicitation or contractor involved in the procurement transaction. (3) A public officer or employee who will derive a direct benefit from a contract with the public agency the officer or employee serves, but who is not involved in making or administering the contract, shall not attempt to influence any other person who is involved in making or administering the contract. (4) No public officer or employee may solicit or receive any gift, reward, or promise of reward in exchange for recommending, influencing, or attempting to influence the award of a contract by the public agency the officer or employee serves.
(1) No public officer or employee who is involved in making or administering a contract on behalf of a public agency may derive a direct benefit from the contract except as provided in this section, or as otherwise allowed by law.
(2) No public employee having official responsibility for a procurement transaction shall participate in that transaction on behalf of the public body when the employee knows that: (A) The employee is contemporaneously employed by a respondent to a solicitation or contractor involved in the procurement transaction; (B) The employee, the employee's spouse, or any member of the employee's immediate family holds a position with a respondent to a solicitation, a contractor involved in the procurement transaction, such as an officer, director, trustee, partner or the like, or is employed in a capacity involving personal and substantial participation in the procurement transaction, or owns or controls an interest of more than five percent (5%); (C) The employee, the employee's spouse, or any member of the employee's immediate family has a pecuniary interest arising from the procurement transaction; or (D) The employee, the employee's spouse, or any member of the employee's immediate family is negotiating, or has an arrangement concerning, prospective employment with a respondent to a solicitation or contractor involved in the procurement transaction.
(A) The employee is contemporaneously employed by a respondent to a solicitation or contractor involved in the procurement transaction;
(B) The employee, the employee's spouse, or any member of the employee's immediate family holds a position with a respondent to a solicitation, a contractor involved in the procurement transaction, such as an officer, director, trustee, partner or the like, or is employed in a capacity involving personal and substantial participation in the procurement transaction, or owns or controls an interest of more than five percent (5%);
(C) The employee, the employee's spouse, or any member of the employee's immediate family has a pecuniary interest arising from the procurement transaction; or
(D) The employee, the employee's spouse, or any member of the employee's immediate family is negotiating, or has an arrangement concerning, prospective employment with a respondent to a solicitation or contractor involved in the procurement transaction.
(3) A public officer or employee who will derive a direct benefit from a contract with the public agency the officer or employee serves, but who is not involved in making or administering the contract, shall not attempt to influence any other person who is involved in making or administering the contract.
(4) No public officer or employee may solicit or receive any gift, reward, or promise of reward in exchange for recommending, influencing, or attempting to influence the award of a contract by the public agency the officer or employee serves.
(b) As used in this section, "immediate family" means spouse, dependent children or stepchildren, or relatives related by blood or marriage.
Added by 2013 Tenn. Acts, ch. 403,s 72, eff. 7/1/2013.
Tenn. Code Ann. § 12-4-106 — TN Code / Title 12 / Chapter 4 / Section 12-4-106
Prohibition against receiving rebates, gifts, money or anything of value - Conflicts of interest
Status: in_force

(a) No officer or employee of the central procurement office, nor any member of the procurement commission, nor any head of any state department, institution or agency, nor any employee of any state department, institution or agency charged with the responsibility of initiating requisitions, shall accept or receive, directly or indirectly, from any person, firm or corporation to whom any contract for the purchase of goods or services for the state may be awarded, by rebate, gifts, or otherwise, any money or anything of value whatsoever, or any promise, obligation, or contract for future rewards or compensation. (b) (1) It is a conflict of interest for any person or any company with whom such person is an officer, a director, or an equity owner having an ownership interest greater than one percent (1%) to bid on any public contract for goods or services for a governmental entity if such person or the immediate family member of such person is a member of a board or commission having responsibility for letting or approving such contract. (2) As used in this subsection (b): (A) "Governmental entity" means any state agency, authority, board, commission, department, or office within the executive, legislative or judicial branch of state government or any autonomous state agency, authority, board, commission, department, office, or institution of higher education; and (B) "Immediate family" means spouse, dependent children or stepchildren, or relatives related by blood or marriage. Amended by 2013 Tenn. Acts, ch. 403,s 75, eff. 7/1/2013. Acts 1969, ch. 331, § 1; T.C.A., § 12-432; Acts 1984, ch. 822, § 2; 1990, ch. 699, § 1; 1991, ch. 518, §§ 1, 2; 1998, ch. 990, § 1; 2009, ch. 518, § 1.
(a) No officer or employee of the central procurement office, nor any member of the procurement commission, nor any head of any state department, institution or agency, nor any employee of any state department, institution or agency charged with the responsibility of initiating requisitions, shall accept or receive, directly or indirectly, from any person, firm or corporation to whom any contract for the purchase of goods or services for the state may be awarded, by rebate, gifts, or otherwise, any money or anything of value whatsoever, or any promise, obligation, or contract for future rewards or compensation.
(b) (1) It is a conflict of interest for any person or any company with whom such person is an officer, a director, or an equity owner having an ownership interest greater than one percent (1%) to bid on any public contract for goods or services for a governmental entity if such person or the immediate family member of such person is a member of a board or commission having responsibility for letting or approving such contract. (2) As used in this subsection (b): (A) "Governmental entity" means any state agency, authority, board, commission, department, or office within the executive, legislative or judicial branch of state government or any autonomous state agency, authority, board, commission, department, office, or institution of higher education; and (B) "Immediate family" means spouse, dependent children or stepchildren, or relatives related by blood or marriage.
(1) It is a conflict of interest for any person or any company with whom such person is an officer, a director, or an equity owner having an ownership interest greater than one percent (1%) to bid on any public contract for goods or services for a governmental entity if such person or the immediate family member of such person is a member of a board or commission having responsibility for letting or approving such contract.
(2) As used in this subsection (b): (A) "Governmental entity" means any state agency, authority, board, commission, department, or office within the executive, legislative or judicial branch of state government or any autonomous state agency, authority, board, commission, department, office, or institution of higher education; and (B) "Immediate family" means spouse, dependent children or stepchildren, or relatives related by blood or marriage.
(A) "Governmental entity" means any state agency, authority, board, commission, department, or office within the executive, legislative or judicial branch of state government or any autonomous state agency, authority, board, commission, department, office, or institution of higher education; and
(B) "Immediate family" means spouse, dependent children or stepchildren, or relatives related by blood or marriage.
Amended by 2013 Tenn. Acts, ch. 403,s 75, eff. 7/1/2013.
Acts 1969, ch. 331, § 1; T.C.A., § 12-432; Acts 1984, ch. 822, § 2; 1990, ch. 699, § 1; 1991, ch. 518, §§ 1, 2; 1998, ch. 990, § 1; 2009, ch. 518, § 1.
Tenn. Code Ann. § 12-4-301 — TN Code / Title 12 / Chapter 4 / Section 12-4-301
Establishment of rules and regulations for determining payment
Status: in_force

(a) It is hereby made the duty of the commissioner of health, in consultation with the comptroller of the treasury, to establish rules and regulations for the determination of payment to the contracting health care providers who contract with the several state agencies for the care of persons. (b) This part shall not apply to health care providers, for purposes of payment to such health care providers pursuant to title 71, chapter 5, except as expressly provided by rules and regulations promulgated by the department of health pursuant to § 71-5-105 ; provided, that this part shall not apply to payments made pursuant to title 8, chapter 27. Acts 1961, ch. 117, § 1; T.C.A., § 12-425; Acts 1984, ch. 787, § 1.
(a) It is hereby made the duty of the commissioner of health, in consultation with the comptroller of the treasury, to establish rules and regulations for the determination of payment to the contracting health care providers who contract with the several state agencies for the care of persons.
(b) This part shall not apply to health care providers, for purposes of payment to such health care providers pursuant to title 71, chapter 5, except as expressly provided by rules and regulations promulgated by the department of health pursuant to § 71-5-105 ; provided, that this part shall not apply to payments made pursuant to title 8, chapter 27.
Acts 1961, ch. 117, § 1; T.C.A., § 12-425; Acts 1984, ch. 787, § 1.
Tenn. Code Ann. § 12-3-513 — TN Code / Title 12 / Chapter 3 / Section 12-3-513
Competitive reverse auction process
Status: in_force

(a) For a purchase of goods and services under this chapter, the central procurement office may purchase goods and services through a competitive reverse auction process that allows responses on specified goods or services electronically and adjustments to pricing during a specified time period. An award shall be made to the offeror determined to be the lowest responsible and responsive respondent at the close of the specified solicitation period. (b) Policies and procedures concerning this procurement methodology, including the criteria, and the evaluation process shall be developed by the central procurement office and approved by the procurement commission. (c) This section shall not apply to: (1) Construction services; or (2) Architectural or engineering services. Added by 2013 Tenn. Acts, ch. 403,s 32, eff. 7/1/2013.
(a) For a purchase of goods and services under this chapter, the central procurement office may purchase goods and services through a competitive reverse auction process that allows responses on specified goods or services electronically and adjustments to pricing during a specified time period. An award shall be made to the offeror determined to be the lowest responsible and responsive respondent at the close of the specified solicitation period.
(b) Policies and procedures concerning this procurement methodology, including the criteria, and the evaluation process shall be developed by the central procurement office and approved by the procurement commission.
(c) This section shall not apply to: (1) Construction services; or (2) Architectural or engineering services.
(1) Construction services; or
(2) Architectural or engineering services.
Added by 2013 Tenn. Acts, ch. 403,s 32, eff. 7/1/2013.
Tenn. Code Ann. § 12-4-904 — TN Code / Title 12 / Chapter 4 / Section 12-4-904
Prohibition against issuing grants or agreements conditioned on prohibited provisions
Status: in_force

(a) The state and its political subdivisions, agencies and instrumentalities thereof shall not issue grants or enter into cooperative agreements for construction projects conditioned on a requirement that bid specifications, project agreements or other controlling documents pertaining to the grant or cooperative agreement contain any of the elements specified in § 12-4-903 . (b) The state and its political subdivisions or any agencies or instrumentalities thereof shall exercise such authority as may be required to preclude a grant recipient or party to a cooperative agreement from imposing any of the elements specified in § 12-4-903 in connection with any grant or cooperative agreement awarded or entered into. Acts 2011, ch. 233, § 5.
(a) The state and its political subdivisions, agencies and instrumentalities thereof shall not issue grants or enter into cooperative agreements for construction projects conditioned on a requirement that bid specifications, project agreements or other controlling documents pertaining to the grant or cooperative agreement contain any of the elements specified in § 12-4-903 .
(b) The state and its political subdivisions or any agencies or instrumentalities thereof shall exercise such authority as may be required to preclude a grant recipient or party to a cooperative agreement from imposing any of the elements specified in § 12-4-903 in connection with any grant or cooperative agreement awarded or entered into.
Acts 2011, ch. 233, § 5.
Tenn. Code Ann. § 12-4-701 — TN Code / Title 12 / Chapter 4 / Section 12-4-701
Short title
Status: in_force

This part shall be known and may be cited as the "Prompt Pay Act of 1985." Acts 1985, ch. 57, § 1.
This part shall be known and may be cited as the "Prompt Pay Act of 1985."
Acts 1985, ch. 57, § 1.
Tenn. Code Ann. § 12-3-904 — TN Code / Title 12 / Chapter 3 / Section 12-3-904
Purchases to be made according to energy efficiency standards
Status: in_force

The chief procurement officer, to the maximum extent feasible, shall determine which commodities and products purchased by the state may be purchased according to energy efficiency standards based on rules and regulations, policies, and procedures approved by the procurement commission. Amended by 2013 Tenn. Acts, ch. 403,s 53, eff. 7/1/2013. Acts 1971, ch. 425, § 1; T.C.A., § 12-342; Acts 1980, ch. 464, § 1; T.C.A., § 12-3-504 .
The chief procurement officer, to the maximum extent feasible, shall determine which commodities and products purchased by the state may be purchased according to energy efficiency standards based on rules and regulations, policies, and procedures approved by the procurement commission.
Amended by 2013 Tenn. Acts, ch. 403,s 53, eff. 7/1/2013.
Acts 1971, ch. 425, § 1; T.C.A., § 12-342; Acts 1980, ch. 464, § 1; T.C.A., § 12-3-504 .
Tenn. Code Ann. § 12-6-110 — TN Code / Title 12 / Chapter 6 / Section 12-6-110
Copies to depositories, legislative reference and law library, secretary of state, and commissioner of general services
Status: in_force

At the expense of each department, agency, board, or commission, the person in charge of making documents and publications shall distribute or have distributed: (1) One (1) copy of all state depository publications to the librarian, person, or persons in charge of each of the depositories and the legislative reference and law library; (2) Upon request, two (2) copies of all state depository publications to the secretary of state; and (3) Upon request, two (2) copies of all state depository publications to the commissioner of general services. Amended by 2019 Tenn. Acts, ch. 8, s 5, eff. 3/13/2019. Acts 1917, ch. 42, § 2; Shan. Supp., § 1387a8; mod. Code 1932, §2284; C. Supp. 1950, § 2284; T.C.A. (orig. ed.), § 12-610; Acts 1981, ch. 191, § 9; 1981, ch. 81, § 1.
At the expense of each department, agency, board, or commission, the person in charge of making documents and publications shall distribute or have distributed:
(1) One (1) copy of all state depository publications to the librarian, person, or persons in charge of each of the depositories and the legislative reference and law library;
(2) Upon request, two (2) copies of all state depository publications to the secretary of state; and
(3) Upon request, two (2) copies of all state depository publications to the commissioner of general services.
Amended by 2019 Tenn. Acts, ch. 8, s 5, eff. 3/13/2019.
Acts 1917, ch. 42, § 2; Shan. Supp., § 1387a8; mod. Code 1932, §2284; C. Supp. 1950, § 2284; T.C.A. (orig. ed.), § 12-610; Acts 1981, ch. 191, § 9; 1981, ch. 81, § 1.
Tenn. Code Ann. § 12-6-105 — TN Code / Title 12 / Chapter 6 / Section 12-6-105
Penalty for failure to distribute acts
Status: in_force

(a) If the printer or secretary of state fails to perform such printer's or secretary of state's duties, the printer or secretary of state shall forfeit five hundred dollars ($500), to be recovered in the name and for the use of the state by the comptroller of the treasury. (b) Moreover, such failure is a Class C misdemeanor, and the comptroller of the treasury shall cause the delinquent to be indicted for the same. (c) The comptroller of the treasury shall forfeit the sum of five hundred dollars ($500), to be recovered by any person who will sue for the same, if the comptroller of the treasury fails to enforce the aforementioned penalties against the printer and secretary of state. Code 1858, §§ 26-28; Shan., §§ 47-49; Code 1932, §§ 75-77; T.C.A. (orig. ed.), § 12-605; Acts 1989, ch. 591, § 113.
(a) If the printer or secretary of state fails to perform such printer's or secretary of state's duties, the printer or secretary of state shall forfeit five hundred dollars ($500), to be recovered in the name and for the use of the state by the comptroller of the treasury.
(b) Moreover, such failure is a Class C misdemeanor, and the comptroller of the treasury shall cause the delinquent to be indicted for the same.
(c) The comptroller of the treasury shall forfeit the sum of five hundred dollars ($500), to be recovered by any person who will sue for the same, if the comptroller of the treasury fails to enforce the aforementioned penalties against the printer and secretary of state.
Code 1858, §§ 26-28; Shan., §§ 47-49; Code 1932, §§ 75-77; T.C.A. (orig. ed.), § 12-605; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 12-3-512 — TN Code / Title 12 / Chapter 3 / Section 12-3-512
Cooperative purchasing agreements
Status: in_force

The central procurement office and public institutions of higher education may participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of goods or services with one (1) or more other states or local governments in accordance with an agreement entered into between the participants. All cooperative purchasing conducted under this section shall be awarded through full and open competition. Amended by 2015 Tenn. Acts, ch. 272,s 1, eff. 4/28/2015. Added by 2013 Tenn. Acts, ch. 403,s 31, eff. 7/1/2013.
The central procurement office and public institutions of higher education may participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of goods or services with one (1) or more other states or local governments in accordance with an agreement entered into between the participants. All cooperative purchasing conducted under this section shall be awarded through full and open competition.
Amended by 2015 Tenn. Acts, ch. 272,s 1, eff. 4/28/2015.
Added by 2013 Tenn. Acts, ch. 403,s 31, eff. 7/1/2013.
Tenn. Code Ann. § 12-3-601 — TN Code / Title 12 / Chapter 3 / Section 12-3-601
Cost or pricing data
Status: in_force

(a) A contractor who makes a contract with the state under this chapter shall, except as provided in subsection (c), submit cost or pricing data, and shall certify that, to the best of its knowledge and belief, the cost of pricing data submitted was accurate, complete, and current as of a mutually determined specified date prior to the date of: (1) The pricing of any contract awarded pursuant to sole source procurement authority pursuant to § 12-3-504 , where the total contract price is expected to exceed an amount established by the procurement commission; or (2) The pricing of any change order or contract modification which is expected to exceed an amount established by the procurement commission. (b) Any contract, change order, or contract modification under which a certificate is required shall contain a provision that the price to the state, including profit or fee, shall be adjusted to exclude any significant sums by which the state finds that such price was increased because the contractor-furnished cost or pricing data was inaccurate, incomplete, or not current as of the date agreed upon between the parties. (c) The requirements of this section need not be applied to contracts when: (1) The contract price is based on adequate price competition; (2) The contract price is based on established catalogue prices or market prices; (3) Contract prices are set by law or regulation; or (4) It is determined in writing in accordance with regulations promulgated by the procurement commission that the requirements of this section may be waived, and the reasons for such waiver are stated in writing. Amended by 2013 Tenn. Acts, ch. 403,s 35, eff. 7/1/2013. Acts 1978, ch. 655, § 1; T.C.A., §§ 12-1101, 12-3-301.
(a) A contractor who makes a contract with the state under this chapter shall, except as provided in subsection (c), submit cost or pricing data, and shall certify that, to the best of its knowledge and belief, the cost of pricing data submitted was accurate, complete, and current as of a mutually determined specified date prior to the date of: (1) The pricing of any contract awarded pursuant to sole source procurement authority pursuant to § 12-3-504 , where the total contract price is expected to exceed an amount established by the procurement commission; or (2) The pricing of any change order or contract modification which is expected to exceed an amount established by the procurement commission.
(1) The pricing of any contract awarded pursuant to sole source procurement authority pursuant to § 12-3-504 , where the total contract price is expected to exceed an amount established by the procurement commission; or
(2) The pricing of any change order or contract modification which is expected to exceed an amount established by the procurement commission.
(b) Any contract, change order, or contract modification under which a certificate is required shall contain a provision that the price to the state, including profit or fee, shall be adjusted to exclude any significant sums by which the state finds that such price was increased because the contractor-furnished cost or pricing data was inaccurate, incomplete, or not current as of the date agreed upon between the parties.
(c) The requirements of this section need not be applied to contracts when: (1) The contract price is based on adequate price competition; (2) The contract price is based on established catalogue prices or market prices; (3) Contract prices are set by law or regulation; or (4) It is determined in writing in accordance with regulations promulgated by the procurement commission that the requirements of this section may be waived, and the reasons for such waiver are stated in writing.
(1) The contract price is based on adequate price competition;
(2) The contract price is based on established catalogue prices or market prices;
(3) Contract prices are set by law or regulation; or
(4) It is determined in writing in accordance with regulations promulgated by the procurement commission that the requirements of this section may be waived, and the reasons for such waiver are stated in writing.
Amended by 2013 Tenn. Acts, ch. 403,s 35, eff. 7/1/2013.
Acts 1978, ch. 655, § 1; T.C.A., §§ 12-1101, 12-3-301.
Tenn. Code Ann. § 12-7-107 — TN Code / Title 12 / Chapter 7 / Section 12-7-107
Approval procedure
Status: in_force

The approval procedure for publications established under this part may allow one-time approval of a publication that is printed on a periodic basis and that conforms to the format, design, and purpose of the publication as originally presented to the commissioner of general services for approval without requiring review and approval of subsequent issues of the publication. Amended by 2015 Tenn. Acts, ch. 87,s 3, eff. 4/9/2015. Acts 1976, ch. 694, § 7; T.C.A., § 12-1007; Acts 2008, ch. 1120, § 2.
The approval procedure for publications established under this part may allow one-time approval of a publication that is printed on a periodic basis and that conforms to the format, design, and purpose of the publication as originally presented to the commissioner of general services for approval without requiring review and approval of subsequent issues of the publication.
Amended by 2015 Tenn. Acts, ch. 87,s 3, eff. 4/9/2015.
Acts 1976, ch. 694, § 7; T.C.A., § 12-1007; Acts 2008, ch. 1120, § 2.
Tenn. Code Ann. § 12-3-506 — TN Code / Title 12 / Chapter 3 / Section 12-3-506
§ 12-3-506
Status: in_force

In accordance with rules and regulations of the central procurement office approved by the procurement commission and adopted pursuant to title 4, chapter 56, and chapters 3 and 4 of this title, the chief procurement officer is authorized to negotiate with vendors who maintain a general services administration pricing agreement with the United States or any agency thereof; provided, that no contract executed under this section shall authorize a price higher than is contained in the contract between the general services administration and the affected vendor.
Tenn. Code Ann. § 12-4-113 — TN Code / Title 12 / Chapter 4 / Section 12-4-113
Deadline for addenda and questions concerning bid documents
Status: in_force

(a) If a statute, ordinance, resolution, rule or regulation mandates the use of competitive bidding of any kind or nature whatsoever, by any state agency, county or municipal corporation, then, notwithstanding such law, ordinance, resolution, rule or regulation, no addenda within less than forty-eight (48) hours of the bid opening date, excluding weekends and legal holidays designated in § 15-1-101 , shall be permitted unless the bid deadline is extended for a reasonable time as determined by the purchasing agent, which shall not be less than forty-eight (48) hours excluding weekends and legal holidays designated in § 15-1-101 , to allow for any necessary changes to the bid documents and to allow bidders to resubmit their bids accordingly. (b) Any questions concerning the bid documents must be received by the designer no less than ninety-six (96) hours before bid opening date. (c) This section does not apply to the central procurement office, to any procurement conducted pursuant to chapter 3 of this title, to any department of transportation contracts, or to any state or local agency contracts funded in whole or in part with state or federal highway funds. Amended by 2021 Tenn. Acts, ch. 279, s 4, eff. 5/3/2021. Renumbered from T.C.A. s 12-4-126 by 2013 Tenn. Acts, ch. 403, s 81, eff. 7/1/2013. Amended by 2013 Tenn. Acts, ch. 329, Secs.s 4, s 5 eff. 5/13/2013. Acts 2011 , ch. 260, § 1.
(a) If a statute, ordinance, resolution, rule or regulation mandates the use of competitive bidding of any kind or nature whatsoever, by any state agency, county or municipal corporation, then, notwithstanding such law, ordinance, resolution, rule or regulation, no addenda within less than forty-eight (48) hours of the bid opening date, excluding weekends and legal holidays designated in § 15-1-101 , shall be permitted unless the bid deadline is extended for a reasonable time as determined by the purchasing agent, which shall not be less than forty-eight (48) hours excluding weekends and legal holidays designated in § 15-1-101 , to allow for any necessary changes to the bid documents and to allow bidders to resubmit their bids accordingly.
(b) Any questions concerning the bid documents must be received by the designer no less than ninety-six (96) hours before bid opening date.
(c) This section does not apply to the central procurement office, to any procurement conducted pursuant to chapter 3 of this title, to any department of transportation contracts, or to any state or local agency contracts funded in whole or in part with state or federal highway funds.
Amended by 2021 Tenn. Acts, ch. 279, s 4, eff. 5/3/2021.
Renumbered from T.C.A. s 12-4-126 by 2013 Tenn. Acts, ch. 403, s 81, eff. 7/1/2013.
Amended by 2013 Tenn. Acts, ch. 329, Secs.s 4, s 5 eff. 5/13/2013.
Acts 2011 , ch. 260, § 1.
Tenn. Code Ann. § 12-7-105 — TN Code / Title 12 / Chapter 7 / Section 12-7-105
Requested material to be provided - Cooperation required
Status: in_force

It is the duty of all departments, institutions or agencies of state government to furnish to the commissioner of general services all material requested from the commissioner regarding publications and reports. Acts 1976, ch. 694, § 5; T.C.A., § 12-1005; Acts 2008, ch. 1120, § 2.
It is the duty of all departments, institutions or agencies of state government to furnish to the commissioner of general services all material requested from the commissioner regarding publications and reports.
Acts 1976, ch. 694, § 5; T.C.A., § 12-1005; Acts 2008, ch. 1120, § 2.
Tenn. Code Ann. § 12-4-115 — TN Code / Title 12 / Chapter 4 / Section 12-4-115
"Organizational conflicts of interest" defined - Policies and procedures - Reporting
Status: in_force

(a) As used in this section, "organizational conflicts of interest" may include any relationship or action between any party, including contractors and consultants, and the state or its agents making decisions to procure or contract that may: (1) Conflict with the state's best interest; or (2) Taint the procurement process or reputation of the state. (b) The central procurement office, state building commission and department of transportation shall establish policies and procedures to define and identify organizational conflicts of interest. The policies and procedures shall set forth methods, which may include avoidance, mitigation, or waiver, to deal with organizational conflicts of interest. (c) The policies and procedures shall provide that all determinations relating to specific organizational conflicts of interest be in writing. Such determinations shall periodically be reported to the speaker of the house of representatives, the speaker of the senate and to the comptroller of the treasury. Added by 2014 Tenn. Acts, ch. 758,s 1, eff. 7/1/2014.
(a) As used in this section, "organizational conflicts of interest" may include any relationship or action between any party, including contractors and consultants, and the state or its agents making decisions to procure or contract that may: (1) Conflict with the state's best interest; or (2) Taint the procurement process or reputation of the state.
(1) Conflict with the state's best interest; or
(2) Taint the procurement process or reputation of the state.
(b) The central procurement office, state building commission and department of transportation shall establish policies and procedures to define and identify organizational conflicts of interest. The policies and procedures shall set forth methods, which may include avoidance, mitigation, or waiver, to deal with organizational conflicts of interest.
(c) The policies and procedures shall provide that all determinations relating to specific organizational conflicts of interest be in writing. Such determinations shall periodically be reported to the speaker of the house of representatives, the speaker of the senate and to the comptroller of the treasury.
Added by 2014 Tenn. Acts, ch. 758,s 1, eff. 7/1/2014.
Tenn. Code Ann. § 12-3-1109 — TN Code / Title 12 / Chapter 3 / Section 12-3-1109
Preference to in-state meat producers by schools
Status: in_force

All public education institutions using state funds to purchase meat, meat food products, or meat by-products, as defined in § 53-7-202 , shall give preference in awarding contracts or agreements for the purchase of such meat or meat products to producers located within the boundaries of this state so long as the terms, conditions and quality associated with the in-state producers' proposals are equal to those obtainable from producers located elsewhere. Added by 2013 Tenn. Acts, ch. 403,s 67, eff. 7/1/2013.
All public education institutions using state funds to purchase meat, meat food products, or meat by-products, as defined in § 53-7-202 , shall give preference in awarding contracts or agreements for the purchase of such meat or meat products to producers located within the boundaries of this state so long as the terms, conditions and quality associated with the in-state producers' proposals are equal to those obtainable from producers located elsewhere.
Added by 2013 Tenn. Acts, ch. 403,s 67, eff. 7/1/2013.
Tenn. Code Ann. § 12-4-409 — TN Code / Title 12 / Chapter 4 / Section 12-4-409
Bond for compliance
Status: in_force

In all cases where any state agency awards a contract for any state highway construction project under this part, the bond of the highway contractor or subcontractor shall contain a provision obligating such highway contractor or subcontractor to a faithful performance of each and every requirement imposed upon such highway contractor or subcontractor under the terms of this part. Amended by 2013 Tenn. Acts, ch. 280,Secs.s7, s11 eff. 1/1/2014. Acts 1975, ch. 368, § 1; T.C.A., § 12-443.
In all cases where any state agency awards a contract for any state highway construction project under this part, the bond of the highway contractor or subcontractor shall contain a provision obligating such highway contractor or subcontractor to a faithful performance of each and every requirement imposed upon such highway contractor or subcontractor under the terms of this part.
Amended by 2013 Tenn. Acts, ch. 280,Secs.s7, s11 eff. 1/1/2014.
Acts 1975, ch. 368, § 1; T.C.A., § 12-443.
Tenn. Code Ann. § 12-6-118 — TN Code / Title 12 / Chapter 6 / Section 12-6-118
Automatic and other distributions
Status: in_force

Except for exchange and depository copies provided for herein, there shall be no automatic distribution of any state report or publication, unless such distribution is required by an act or resolution enacted after May 25, 1984. Any other distribution must be approved by the state publications committee, as provided for in chapter 7, part 1 of this title, or be upon individual request of a person entitled to or desirous of receipt of any such publication or report. Acts 1984, ch. 798, § 4.
Except for exchange and depository copies provided for herein, there shall be no automatic distribution of any state report or publication, unless such distribution is required by an act or resolution enacted after May 25, 1984. Any other distribution must be approved by the state publications committee, as provided for in chapter 7, part 1 of this title, or be upon individual request of a person entitled to or desirous of receipt of any such publication or report.
Acts 1984, ch. 798, § 4.
Tenn. Code Ann. § 12-8-103 — TN Code / Title 12 / Chapter 8 / Section 12-8-103
Gratuitous work for nonprofit organizations - Sales to farmers
Status: in_force

Nothing in this chapter shall prohibit or be construed as prohibiting the county road commission, the state, or any municipality or its agents, from doing work gratuitously for cemeteries, churches, schools, and any other charitable nonprofit organization, or from making sales of agricultural lime to farmers for use in connection with their own farming activities. Acts 1955, ch. 96, § 3; T.C.A., § 12-703.
Nothing in this chapter shall prohibit or be construed as prohibiting the county road commission, the state, or any municipality or its agents, from doing work gratuitously for cemeteries, churches, schools, and any other charitable nonprofit organization, or from making sales of agricultural lime to farmers for use in connection with their own farming activities.
Acts 1955, ch. 96, § 3; T.C.A., § 12-703.
Tenn. Code Ann. § 12-4-703 — TN Code / Title 12 / Chapter 4 / Section 12-4-703
When payment required
Status: in_force

An agency which acquires property or services pursuant to a contract with a business shall pay for each complete delivered item of property or service in accordance with the contract between the business and agency or, if no date or other provision for payment is specified by contract, within forty-five (45) days after receipt of the invoice covering the delivered items or services. Acts 1985, ch. 57, § 1.
An agency which acquires property or services pursuant to a contract with a business shall pay for each complete delivered item of property or service in accordance with the contract between the business and agency or, if no date or other provision for payment is specified by contract, within forty-five (45) days after receipt of the invoice covering the delivered items or services.
Acts 1985, ch. 57, § 1.
Tenn. Code Ann. § 12-7-203 — TN Code / Title 12 / Chapter 7 / Section 12-7-203
Administration and enforcement - Approved list of alkaline papers
Status: in_force

The commissioner of general services is charged with the responsibility of administering and enforcing this part. The commissioner of general services shall provide to each department, board, commission, agency or other entity of state government an approved list of alkaline papers that meet or exceed the standard for permanent paper established in § 12-7-202 . Acts 1995, ch. 114, § 4; 2008, ch. 1120, § 4.
The commissioner of general services is charged with the responsibility of administering and enforcing this part. The commissioner of general services shall provide to each department, board, commission, agency or other entity of state government an approved list of alkaline papers that meet or exceed the standard for permanent paper established in § 12-7-202 .
Acts 1995, ch. 114, § 4; 2008, ch. 1120, § 4.
Tenn. Code Ann. § 12-2-118 — TN Code / Title 12 / Chapter 2 / Section 12-2-118
Operation of school system or school placed on probation
Status: in_force

Whenever the commissioner of education is authorized by the state board of education to take responsibility for the operation of any local school system or school that has been placed on probation pursuant to title 49, chapter 1, part 6, the commissioner or agents duly appointed by the commissioner to operate such local school system or school shall have all powers authorized by this title and necessary to the operation of such school or local education agency. Acts 1998, ch. 737, § 3.
Whenever the commissioner of education is authorized by the state board of education to take responsibility for the operation of any local school system or school that has been placed on probation pursuant to title 49, chapter 1, part 6, the commissioner or agents duly appointed by the commissioner to operate such local school system or school shall have all powers authorized by this title and necessary to the operation of such school or local education agency.
Acts 1998, ch. 737, § 3.
Tenn. Code Ann. § 12-12-109 — TN Code / Title 12 / Chapter 12 / Section 12-12-109
Report
Status: in_force

The chief procurement officer shall report to the speaker of the senate, the speaker of the house of representatives, and the governor annually by October 1, on the status of the federal Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (Public Law 111-195), the Iran Divestment Act of 2014, and any rules or regulations adopted thereunder. Added by 2016 Tenn. Acts, ch. 817, s 1, eff. 7/1/2016.
The chief procurement officer shall report to the speaker of the senate, the speaker of the house of representatives, and the governor annually by October 1, on the status of the federal Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (Public Law 111-195), the Iran Divestment Act of 2014, and any rules or regulations adopted thereunder.
Added by 2016 Tenn. Acts, ch. 817, s 1, eff. 7/1/2016.
Tenn. Code Ann. § 12-3-1210 — TN Code / Title 12 / Chapter 3 / Section 12-3-1210
Authority of the Tennessee board of regents system and the University of Tennessee system
Status: in_force

Notwithstanding any law to the contrary, the Tennessee board of regents system and the University of Tennessee system are authorized to: (1) Develop procedures to apply the policy of § 12-3-701 to their constituent institutions, including procedures describing the circumstances in which limitations below two (2) times the value of the contract are permitted and procedures for obtaining permission from the appropriate official of the Tennessee board of regents or the University of Tennessee; (2) Purchase software for use restricted solely to academic teaching or research upon terms that may limit the contractor's liability or warranties; provided, that in no event, shall the liability of the contractor be limited for intentional torts, criminal acts or fraudulent conduct; and (3) Acquire software or services, materials, supplies and equipment free or at nominal cost upon terms that may limit the contractor's liability or warranties; provided, that in no event, shall the liability of the contractor be limited for intentional torts, criminal acts or fraudulent conduct. Added by 2013 Tenn. Acts, ch. 403,s 70, eff. 7/1/2013.
Notwithstanding any law to the contrary, the Tennessee board of regents system and the University of Tennessee system are authorized to:
(1) Develop procedures to apply the policy of § 12-3-701 to their constituent institutions, including procedures describing the circumstances in which limitations below two (2) times the value of the contract are permitted and procedures for obtaining permission from the appropriate official of the Tennessee board of regents or the University of Tennessee;
(2) Purchase software for use restricted solely to academic teaching or research upon terms that may limit the contractor's liability or warranties; provided, that in no event, shall the liability of the contractor be limited for intentional torts, criminal acts or fraudulent conduct; and
(3) Acquire software or services, materials, supplies and equipment free or at nominal cost upon terms that may limit the contractor's liability or warranties; provided, that in no event, shall the liability of the contractor be limited for intentional torts, criminal acts or fraudulent conduct.
Added by 2013 Tenn. Acts, ch. 403,s 70, eff. 7/1/2013.
Tenn. Code Ann. § 12-6-112 — TN Code / Title 12 / Chapter 6 / Section 12-6-112
Care of depository copies
Status: in_force

The librarian or other person in charge of each depository shall receive and carefully preserve all state documents and publications, both printed and electronic, so received. Amended by 2019 Tenn. Acts, ch. 8, s 6, eff. 3/13/2019. Acts 1917, ch. 42, § 2; Shan. Supp., § 1387a9; Code 1932, §2285; T.C.A. (orig. ed.), § 12-612.
The librarian or other person in charge of each depository shall receive and carefully preserve all state documents and publications, both printed and electronic, so received.
Amended by 2019 Tenn. Acts, ch. 8, s 6, eff. 3/13/2019.
Acts 1917, ch. 42, § 2; Shan. Supp., § 1387a9; Code 1932, §2285; T.C.A. (orig. ed.), § 12-612.
Tenn. Code Ann. § 12-6-115 — TN Code / Title 12 / Chapter 6 / Section 12-6-115
Rules regarding state depository publications in electronic format
Status: in_force

The secretary of state shall promulgate rules to effectuate the preservation, distribution, accessibility, and availability of state depository publications in electronic format. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Added by 2019 Tenn. Acts, ch. 8,s 7, eff. 3/13/2019.
The secretary of state shall promulgate rules to effectuate the preservation, distribution, accessibility, and availability of state depository publications in electronic format. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2019 Tenn. Acts, ch. 8,s 7, eff. 3/13/2019.
Tenn. Code Ann. § 12-3-508 — TN Code / Title 12 / Chapter 3 / Section 12-3-508
Utilities - Service contracts
Status: in_force

Subject to rules of the central procurement office approved by the procurement commission, the central procurement office shall purchase or contract for all telephone, telegraph, electric light, gas, power, postal, and other services for which a rate for the use thereof has been established by a public authority, in such manner as the chief procurement officer deems to be in the best interest of the state. Added by 2013 Tenn. Acts, ch. 403,s 27, eff. 7/1/2013.
Subject to rules of the central procurement office approved by the procurement commission, the central procurement office shall purchase or contract for all telephone, telegraph, electric light, gas, power, postal, and other services for which a rate for the use thereof has been established by a public authority, in such manner as the chief procurement officer deems to be in the best interest of the state.
Added by 2013 Tenn. Acts, ch. 403,s 27, eff. 7/1/2013.
Tenn. Code Ann. § 12-4-501 — TN Code / Title 12 / Chapter 4 / Section 12-4-501
Liability of contractor in construction projects
Status: in_force

This part shall be known as the "State Construction Projects Liability Act of 1977." Acts 1977, ch. 367, § 1; T.C.A., § 12-452.
This part shall be known as the "State Construction Projects Liability Act of 1977."
Acts 1977, ch. 367, § 1; T.C.A., § 12-452.
Tenn. Code Ann. § 12-3-1001 — TN Code / Title 12 / Chapter 3 / Section 12-3-1001
Register - Prerequisite for respondents
Status: in_force

No person, firm or corporation shall be considered for contract award by the central procurement office under this chapter or under the rules and regulations established by the central procurement office, unless and until such person, firm, or corporation makes proper application to the central procurement office, as prescribed by rule or policy approved by the procurement commission, to be placed upon the permanent register of respondents. The central procurement office shall establish and maintain the register under and in compliance with the rules and regulations adopted by the procurement commission. Amended by 2013 Tenn. Acts, ch. 403,s 59, eff. 7/1/2013. Acts 1970, ch. 410, §§ 1, 2; 1972, ch. 571, § 1; modified; T.C.A., §§ 12-338, 12-3-401; Acts 1985, ch. 400, § 1; 1997, ch. 246, § 1; 1997, ch. 335, §§ 1 - 6; 2010, ch. 1098, § 2; 2011, ch. 295, §§ 5, 19.
No person, firm or corporation shall be considered for contract award by the central procurement office under this chapter or under the rules and regulations established by the central procurement office, unless and until such person, firm, or corporation makes proper application to the central procurement office, as prescribed by rule or policy approved by the procurement commission, to be placed upon the permanent register of respondents. The central procurement office shall establish and maintain the register under and in compliance with the rules and regulations adopted by the procurement commission.
Amended by 2013 Tenn. Acts, ch. 403,s 59, eff. 7/1/2013.
Acts 1970, ch. 410, §§ 1, 2; 1972, ch. 571, § 1; modified; T.C.A., §§ 12-338, 12-3-401; Acts 1985, ch. 400, § 1; 1997, ch. 246, § 1; 1997, ch. 335, §§ 1 - 6; 2010, ch. 1098, § 2; 2011, ch. 295, §§ 5, 19.
Tenn. Code Ann. § 12-2-419 — TN Code / Title 12 / Chapter 2 / Section 12-2-419
Resale of surplus property - Disposition of proceeds
Status: in_force

(a) Notwithstanding any provision of law, rule or regulation to the contrary, any profit realized from the resale of surplus property transferred to vocational programs operated under title 49, chapter 11, or state technical institutes operated by the state board of regents when such entity or corporation has repaired the item through its vocational program for the purpose of resale shall not revert to the state but may be retained by such entity or corporation. Notwithstanding any provision of the law to the contrary, such surplus property may be resold at any time after it has been repaired without prior approval of the procurement commission. (b) The resale of such surplus property shall be made only after public advertisement of the sale in a newspaper of general circulation in the county or municipality in which the sale will take place at least twice in a two-week period preceding the sale. Acts 1991, ch. 364, § 1; 1994, ch. 709, § 1; 2011, ch. 295, §§ 9(a), 19.
(a) Notwithstanding any provision of law, rule or regulation to the contrary, any profit realized from the resale of surplus property transferred to vocational programs operated under title 49, chapter 11, or state technical institutes operated by the state board of regents when such entity or corporation has repaired the item through its vocational program for the purpose of resale shall not revert to the state but may be retained by such entity or corporation. Notwithstanding any provision of the law to the contrary, such surplus property may be resold at any time after it has been repaired without prior approval of the procurement commission.
(b) The resale of such surplus property shall be made only after public advertisement of the sale in a newspaper of general circulation in the county or municipality in which the sale will take place at least twice in a two-week period preceding the sale.
Acts 1991, ch. 364, § 1; 1994, ch. 709, § 1; 2011, ch. 295, §§ 9(a), 19.
Tenn. Code Ann. § 12-3-912 — TN Code / Title 12 / Chapter 3 / Section 12-3-912
Administrative procedures
Status: in_force

The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, shall apply to this part. Added by 2013 Tenn. Acts, ch. 403,s 58, eff. 7/1/2013.
The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, shall apply to this part.
Added by 2013 Tenn. Acts, ch. 403,s 58, eff. 7/1/2013.
Tenn. Code Ann. § 12-4-606 — TN Code / Title 12 / Chapter 4 / Section 12-4-606
Exemptions
Status: in_force

The attorney general and reporter and the district attorneys general in their respective districts have the authority to grant exemptions from the prohibitions on soliciting employment on certain contracts enumerated herein to persons giving information to such officials in a criminal investigation or testifying in a state criminal trial in connection with any contract let or funded wholly or in part by the state or by other state entities or in a criminal trial arising out of official investigations of such offenses; provided, that such information or testimony results in a conviction. Such officials also have the authority to grant such exemptions to persons giving information to such officials in a civil investigation or testifying in a lawsuit brought by the state under the Sherman Antitrust Act ( 15 U.S.C. § 1 ), or title 47, chapter 25, in connection with any contract let or funded wholly or in part by the state or by other state entities; provided, that such information or testimony results in a monetary judgment for the state. Such exemptions may be total, limited to certain contracting agencies or departments, or limited in time. Acts 1981, ch. 393, § 1.
The attorney general and reporter and the district attorneys general in their respective districts have the authority to grant exemptions from the prohibitions on soliciting employment on certain contracts enumerated herein to persons giving information to such officials in a criminal investigation or testifying in a state criminal trial in connection with any contract let or funded wholly or in part by the state or by other state entities or in a criminal trial arising out of official investigations of such offenses; provided, that such information or testimony results in a conviction. Such officials also have the authority to grant such exemptions to persons giving information to such officials in a civil investigation or testifying in a lawsuit brought by the state under the Sherman Antitrust Act ( 15 U.S.C. § 1 ), or title 47, chapter 25, in connection with any contract let or funded wholly or in part by the state or by other state entities; provided, that such information or testimony results in a monetary judgment for the state. Such exemptions may be total, limited to certain contracting agencies or departments, or limited in time.
Acts 1981, ch. 393, § 1.
Tenn. Code Ann. § 12-1-106 — TN Code / Title 12 / Chapter 1 / Section 12-1-106
Land acquired by commissioner - Payment
Status: in_force

The commissioner of any department of the state, with the approval of the commissioner of finance and administration, is authorized to acquire land on behalf of the state either by purchase or condemnation for use for public purposes. The land shall be paid for out of any available funds in the state treasury not otherwise appropriated. Acts 1943, ch. 89, § 1; mod. C. Supp. 1950, § 3166.1; T.C.A. (orig. ed.), § 12-106; Acts 1984, ch. 770, § 1.
The commissioner of any department of the state, with the approval of the commissioner of finance and administration, is authorized to acquire land on behalf of the state either by purchase or condemnation for use for public purposes. The land shall be paid for out of any available funds in the state treasury not otherwise appropriated.
Acts 1943, ch. 89, § 1; mod. C. Supp. 1950, § 3166.1; T.C.A. (orig. ed.), § 12-106; Acts 1984, ch. 770, § 1.
Tenn. Code Ann. § 12-2-205 — TN Code / Title 12 / Chapter 2 / Section 12-2-205
Determination of fair market value prior to sale
Status: in_force

Prior to the sale of any such property as herein authorized, the chief procurement officer shall determine the fair market value of the property to be sold. Acts 1959, ch. 303, § 2; impl. am. Acts 1961, ch. 97, § 5; impl. am. Acts 1972, ch. 543, § 7; T.C.A., § 12-223; Acts 1992, ch. 713, § 4; 2011, ch. 295, § 9(a).
Prior to the sale of any such property as herein authorized, the chief procurement officer shall determine the fair market value of the property to be sold.
Acts 1959, ch. 303, § 2; impl. am. Acts 1961, ch. 97, § 5; impl. am. Acts 1972, ch. 543, § 7; T.C.A., § 12-223; Acts 1992, ch. 713, § 4; 2011, ch. 295, § 9(a).
Tenn. Code Ann. § 12-2-305 — TN Code / Title 12 / Chapter 2 / Section 12-2-305
Provision in lease to convey title upon retirement of obligations
Status: in_force

Every lease and sublease made by a municipality with a not-for-profit corporation under § 12-2-302(3) shall include a provision requiring such not-for-profit corporation to transfer and convey all of its right, title and interest in and to the project covered thereby immediately upon the payment and retirement of all bonds and other obligations issued by such not-for-profit corporation for the purpose of financing the cost of such project. Acts 1965, ch. 328, § 5; impl. am. Acts 1968, ch. 523, § 1 (17.06); T.C.A., § 12-233.
Every lease and sublease made by a municipality with a not-for-profit corporation under § 12-2-302(3) shall include a provision requiring such not-for-profit corporation to transfer and convey all of its right, title and interest in and to the project covered thereby immediately upon the payment and retirement of all bonds and other obligations issued by such not-for-profit corporation for the purpose of financing the cost of such project.
Acts 1965, ch. 328, § 5; impl. am. Acts 1968, ch. 523, § 1 (17.06); T.C.A., § 12-233.
Tenn. Code Ann. § 12-2-123 — TN Code / Title 12 / Chapter 2 / Section 12-2-123
Dynamic accessibility symbol
Status: in_force

(a) The commissioner of general services shall promulgate rules for the purpose of designating the symbol of access to be used for buildings owned or operated by this state on signage indicating access for persons with disabilities. The commissioner, in promulgating rules, may collaborate and seek input from state agencies for the purpose of carrying out this section. (b) The symbol must depict a logo with a dynamic character leaning forward with a sense of movement, be readily identifiable, and be simply designed with no secondary meaning. The symbol must signify equivalent facilitation and accessibility as the previously used international symbol of access. The symbol must be depicted in substantially the following form: Click here to view image. (c) The symbol must be accompanied by the adjective "Accessible," when appropriate for the signage, and must be used to designate every point of access for persons with disabilities for all state buildings, structures, or real property constructed or purchased on or after July 1, 2020. For existing state buildings, structures, and real property, signage indicating access for persons with disabilities must conform to the requirements of this section as the signage is replaced or repaired, or when the area of an existing state building, structure, or real property containing signage is renovated. A state department or agency may conform to the requirements of this section prior to the need to replace or repair existing signage, or renovate any area of real property of this state with respect to such signage, if the state department or agency has the existing resources to make the replacements, repairs, or renovations. Amended by 2021 Tenn. Acts, ch. 173, s 1, eff. 4/20/2021. Added by 2019 Tenn. Acts, ch. 112, s 2, eff. 7/1/2020.
(a) The commissioner of general services shall promulgate rules for the purpose of designating the symbol of access to be used for buildings owned or operated by this state on signage indicating access for persons with disabilities. The commissioner, in promulgating rules, may collaborate and seek input from state agencies for the purpose of carrying out this section.
(b) The symbol must depict a logo with a dynamic character leaning forward with a sense of movement, be readily identifiable, and be simply designed with no secondary meaning. The symbol must signify equivalent facilitation and accessibility as the previously used international symbol of access. The symbol must be depicted in substantially the following form: Click here to view image.
Click here to view image.
(c) The symbol must be accompanied by the adjective "Accessible," when appropriate for the signage, and must be used to designate every point of access for persons with disabilities for all state buildings, structures, or real property constructed or purchased on or after July 1, 2020. For existing state buildings, structures, and real property, signage indicating access for persons with disabilities must conform to the requirements of this section as the signage is replaced or repaired, or when the area of an existing state building, structure, or real property containing signage is renovated. A state department or agency may conform to the requirements of this section prior to the need to replace or repair existing signage, or renovate any area of real property of this state with respect to such signage, if the state department or agency has the existing resources to make the replacements, repairs, or renovations.
Amended by 2021 Tenn. Acts, ch. 173, s 1, eff. 4/20/2021.
Added by 2019 Tenn. Acts, ch. 112, s 2, eff. 7/1/2020.
2_123_1 - Attachment
Tenn. Code Ann. § 12-2-102 — TN Code / Title 12 / Chapter 2 / Section 12-2-102
Inventory maintained by governor
Status: in_force

The governor is authorized and directed to maintain a complete inventory of all state-owned property, together with necessary surveys, maps, photographs and appraisals, and one (1) copy thereof shall be filed in the office of the secretary of state, one (1) with the commissioner of general services, one (1) with the governor, and additional copies with such other public officials as the governor may designate so that the same may be made a part of the permanent records of the state. This inventory shall be added to from time to time as additional property is acquired by the state or by any agency thereof. Amended by 2013 Tenn. Acts, ch. 454,s 35, eff. 5/16/2013. Acts 1941, ch. 149, § 1; mod. C. Supp. 1950, § 186.2; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1972, ch. 542, § 15; T.C.A. (orig. ed.), § 12-202.
The governor is authorized and directed to maintain a complete inventory of all state-owned property, together with necessary surveys, maps, photographs and appraisals, and one (1) copy thereof shall be filed in the office of the secretary of state, one (1) with the commissioner of general services, one (1) with the governor, and additional copies with such other public officials as the governor may designate so that the same may be made a part of the permanent records of the state. This inventory shall be added to from time to time as additional property is acquired by the state or by any agency thereof.
Amended by 2013 Tenn. Acts, ch. 454,s 35, eff. 5/16/2013.
Acts 1941, ch. 149, § 1; mod. C. Supp. 1950, § 186.2; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1972, ch. 542, § 15; T.C.A. (orig. ed.), § 12-202.
Tenn. Code Ann. § 12-9-107 — TN Code / Title 12 / Chapter 9 / Section 12-9-107
Appropriations - Furnishing of property, personnel and service
Status: in_force

Any public agency entering into an agreement pursuant to this chapter may appropriate funds and may sell, lease, give, or otherwise supply the administrative joint board or other legal or administrative entity created to operate the joint or cooperative undertaking by providing such personnel or services therefor as may be within its legal power to furnish. Acts 1967, ch. 350, § 7; T.C.A., § 12-807.
Any public agency entering into an agreement pursuant to this chapter may appropriate funds and may sell, lease, give, or otherwise supply the administrative joint board or other legal or administrative entity created to operate the joint or cooperative undertaking by providing such personnel or services therefor as may be within its legal power to furnish.
Acts 1967, ch. 350, § 7; T.C.A., § 12-807.
Tenn. Code Ann. § 12-9-101 — TN Code / Title 12 / Chapter 9 / Section 12-9-101
Short title
Status: in_force

This chapter may be cited as the "Interlocal Cooperation Act." Acts 1967, ch. 350, § 2; T.C.A., § 12-801.
This chapter may be cited as the "Interlocal Cooperation Act."
Acts 1967, ch. 350, § 2; T.C.A., § 12-801.
Tenn. Code Ann. § 12-4-705 — TN Code / Title 12 / Chapter 4 / Section 12-4-705
Appropriations to pay interest prohibited
Status: in_force

An agency may not seek additional appropriations to pay interest which accrues as a result of its failure to make timely payments required by § 12-4-703 . Acts 1985, ch. 57, § 1.
An agency may not seek additional appropriations to pay interest which accrues as a result of its failure to make timely payments required by § 12-4-703 .
Acts 1985, ch. 57, § 1.
Tenn. Code Ann. § 12-3-1212 — TN Code / Title 12 / Chapter 3 / Section 12-3-1212
Resolution or ordinance to increase threshold amount for requiring public advertisement and competitive bidding
Status: in_force

(a) Notwithstanding another law to the contrary, a county, municipality, utility district, local education agency, or other local governmental entity having centralized purchasing authority with a full-time purchasing agent may, by resolution or ordinance of its governing body, increase the threshold over which public advertisement and sealed competitive bids or proposals are required to an amount not to exceed fifty thousand dollars ($50,000) for nonemergency, nonproprietary purchases. (b) Notwithstanding another law to the contrary, a county, municipality, utility district, local education agency, or other local governmental entity having either non-centralized purchasing authority or centralized purchasing authority but not a full-time purchasing agent may, by resolution or ordinance of its governing body, increase the threshold over which public advertisement and sealed competitive bids or proposals are required to an amount not to exceed twenty-five thousand dollars ($25,000) for nonemergency, nonproprietary purchases. (c) At least three (3) written quotations are required when possible for purchases costing less than the bid threshold established under subsection (a) or (b), but more than forty percent (40%) of such bid threshold or some lower amount as may be established by the governing body in a resolution. (d) Purchases of like items must be aggregated for the purposes of the applicable threshold. (e) For purposes of this section, a "full-time purchasing agent" means a person who devotes the whole of the person's working time to the demands and duties of the office of the purchasing agent. Amended by 2024 Tenn. Acts, ch. 513,s 13, eff. 3/1/2024. Amended by 2022 Tenn. Acts, ch. 1016, s 1, eff. 5/11/2022. Amended by 2021 Tenn. Acts, ch. 310, s 6, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 310, s 5, eff. 7/1/2021. Amended by 2017 Tenn. Acts, ch. 415, s 1, eff. 5/18/2017. Added by 2015 Tenn. Acts, ch. 457, s 1, eff. 5/18/2015.
(a) Notwithstanding another law to the contrary, a county, municipality, utility district, local education agency, or other local governmental entity having centralized purchasing authority with a full-time purchasing agent may, by resolution or ordinance of its governing body, increase the threshold over which public advertisement and sealed competitive bids or proposals are required to an amount not to exceed fifty thousand dollars ($50,000) for nonemergency, nonproprietary purchases.
(b) Notwithstanding another law to the contrary, a county, municipality, utility district, local education agency, or other local governmental entity having either non-centralized purchasing authority or centralized purchasing authority but not a full-time purchasing agent may, by resolution or ordinance of its governing body, increase the threshold over which public advertisement and sealed competitive bids or proposals are required to an amount not to exceed twenty-five thousand dollars ($25,000) for nonemergency, nonproprietary purchases.
(c) At least three (3) written quotations are required when possible for purchases costing less than the bid threshold established under subsection (a) or (b), but more than forty percent (40%) of such bid threshold or some lower amount as may be established by the governing body in a resolution.
(d) Purchases of like items must be aggregated for the purposes of the applicable threshold.
(e) For purposes of this section, a "full-time purchasing agent" means a person who devotes the whole of the person's working time to the demands and duties of the office of the purchasing agent.
Amended by 2024 Tenn. Acts, ch. 513,s 13, eff. 3/1/2024.
Amended by 2022 Tenn. Acts, ch. 1016, s 1, eff. 5/11/2022.
Amended by 2021 Tenn. Acts, ch. 310, s 6, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 310, s 5, eff. 7/1/2021.
Amended by 2017 Tenn. Acts, ch. 415, s 1, eff. 5/18/2017.
Added by 2015 Tenn. Acts, ch. 457, s 1, eff. 5/18/2015.
Tenn. Code Ann. § 12-4-1001 — TN Code / Title 12 / Chapter 4 / Section 12-4-1001
Alternative methods for purchasing insurance
Status: in_force

The state treasurer shall investigate alternative methods, including competitive bidding, for purchasing insurance for the use and benefit of the state and its agencies, departments or divisions. The state treasurer shall prepare a plan for purchasing insurance, and shall submit the plan to the board of claims prior to its implementation. Added by 2013 Tenn. Acts, ch. 403,s 82, eff. 7/1/2013.
The state treasurer shall investigate alternative methods, including competitive bidding, for purchasing insurance for the use and benefit of the state and its agencies, departments or divisions. The state treasurer shall prepare a plan for purchasing insurance, and shall submit the plan to the board of claims prior to its implementation.
Added by 2013 Tenn. Acts, ch. 403,s 82, eff. 7/1/2013.
Tenn. Code Ann. § 12-9-103 — TN Code / Title 12 / Chapter 9 / Section 12-9-103
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Local government entity" means any city, town, municipality, county, including any county having a metropolitan form of government, local education agency, development district, utility district, human resource agency or other political subdivision of this state; (2) "Local government joint venture entity" means any entity created pursuant to this chapter, including, but not limited to, a self-insurance pool, trust, joint venture, nonprofit organization, or any other type of organization that is sponsored, owned, operated, or governed by two (2) or more local government entities as a separate and specific activity; (3) "Public agency" means: (A) Any political subdivision of this state; (B) Any private incorporated fire department and industrial fire department not supported by public funds or which are only partially supported by public funds; (C) Any incorporated rescue squad that is not supported by public funds or that is only partially supported by public funds; (D) Any agency of the state government or of the United States; and (E) Any political subdivision of another state; and (4) "State" means a state of the United States. Acts 1967, ch. 350, § 3; T.C.A., § 12-803; Acts 1983, ch. 45, § 2; 1995, ch. 17, § 1; 2006, ch. 923, § 1.
As used in this chapter, unless the context otherwise requires:
(1) "Local government entity" means any city, town, municipality, county, including any county having a metropolitan form of government, local education agency, development district, utility district, human resource agency or other political subdivision of this state;
(2) "Local government joint venture entity" means any entity created pursuant to this chapter, including, but not limited to, a self-insurance pool, trust, joint venture, nonprofit organization, or any other type of organization that is sponsored, owned, operated, or governed by two (2) or more local government entities as a separate and specific activity;
(3) "Public agency" means: (A) Any political subdivision of this state; (B) Any private incorporated fire department and industrial fire department not supported by public funds or which are only partially supported by public funds; (C) Any incorporated rescue squad that is not supported by public funds or that is only partially supported by public funds; (D) Any agency of the state government or of the United States; and (E) Any political subdivision of another state; and
(A) Any political subdivision of this state;
(B) Any private incorporated fire department and industrial fire department not supported by public funds or which are only partially supported by public funds;
(C) Any incorporated rescue squad that is not supported by public funds or that is only partially supported by public funds;
(D) Any agency of the state government or of the United States; and
(E) Any political subdivision of another state; and
(4) "State" means a state of the United States.
Acts 1967, ch. 350, § 3; T.C.A., § 12-803; Acts 1983, ch. 45, § 2; 1995, ch. 17, § 1; 2006, ch. 923, § 1.
Tenn. Code Ann. § 12-1-201 — TN Code / Title 12 / Chapter 1 / Section 12-1-201
Purpose of part
Status: in_force

The purpose of this part is to provide a mechanism for education of, and consideration by, state agencies and the public regarding what government actions may result in an unconstitutional taking of private property, in order to avoid an unnecessary burden on the public treasury and unwarranted interference with private property rights. It is not the purpose of this part either to enlarge or to reduce the scope of private property protections afforded by the constitution of the United States or Tennessee. Acts 1994, ch. 924, § 2.
The purpose of this part is to provide a mechanism for education of, and consideration by, state agencies and the public regarding what government actions may result in an unconstitutional taking of private property, in order to avoid an unnecessary burden on the public treasury and unwarranted interference with private property rights. It is not the purpose of this part either to enlarge or to reduce the scope of private property protections afforded by the constitution of the United States or Tennessee.
Acts 1994, ch. 924, § 2.
Tenn. Code Ann. § 12-3-905 — TN Code / Title 12 / Chapter 3 / Section 12-3-905
Energy efficiency standards to be adopted - Equipment, appliances, lighting and heating and cooling products and systems to be Energy Star qualified - Future contracts - Guidelines
Status: in_force

(a) The chief procurement officer, in consultation with the central procurement office staff, shall adopt rules and regulations approved by the procurement commission relative to energy efficiency standards for major energy-consuming products to be procured by the state. (b) When federal energy efficiency standards exist, the procurement commission, in consultation with the department of general services, shall, where feasible, adopt standards at least as stringent as the federal standards. (c) For the purpose of implementing this part only, the central procurement office shall advise and consult with the chief procurement officer as an ex officio member. (d) All future office equipment, appliances, lighting and heating and cooling products and systems purchased by and for state agencies shall be Energy Star qualified; provided, that such Energy Star qualified products and systems are commercially available. (e) Existing purchasing contracts for all state agencies that do not provide as options Energy Star qualified office equipment, appliances, lighting and heating and cooling products and systems shall not be renewed upon expiration. All future contracts for state agencies shall provide as options Energy Star qualified office equipment, appliances, lighting and heating and cooling products and systems. (f) The central procurement office, in consultation with the department of finance and administration, shall establish and publish guidelines providing direction to all state agencies regarding implementation of this section. Amended by 2013 Tenn. Acts, ch. 403,s 54, eff. 7/1/2013. Acts 1971, ch. 425, § 2; T.C.A., §§ 12-343, 12-3-505; Acts 2003, ch. 212, § 5.
(a) The chief procurement officer, in consultation with the central procurement office staff, shall adopt rules and regulations approved by the procurement commission relative to energy efficiency standards for major energy-consuming products to be procured by the state.
(b) When federal energy efficiency standards exist, the procurement commission, in consultation with the department of general services, shall, where feasible, adopt standards at least as stringent as the federal standards.
(c) For the purpose of implementing this part only, the central procurement office shall advise and consult with the chief procurement officer as an ex officio member.
(d) All future office equipment, appliances, lighting and heating and cooling products and systems purchased by and for state agencies shall be Energy Star qualified; provided, that such Energy Star qualified products and systems are commercially available.
(e) Existing purchasing contracts for all state agencies that do not provide as options Energy Star qualified office equipment, appliances, lighting and heating and cooling products and systems shall not be renewed upon expiration. All future contracts for state agencies shall provide as options Energy Star qualified office equipment, appliances, lighting and heating and cooling products and systems.
(f) The central procurement office, in consultation with the department of finance and administration, shall establish and publish guidelines providing direction to all state agencies regarding implementation of this section.
Amended by 2013 Tenn. Acts, ch. 403,s 54, eff. 7/1/2013.
Acts 1971, ch. 425, § 2; T.C.A., §§ 12-343, 12-3-505; Acts 2003, ch. 212, § 5.
Tenn. Code Ann. § 12-2-409 — TN Code / Title 12 / Chapter 2 / Section 12-2-409
Disposal - Exempt personal property
Status: in_force

(a) Disposal of surplus personal property which is determined to not be salvageable or usable, in accordance with regulations of the procurement commission, and disposal of surplus property in the collection of the Tennessee state museum, are exempt from this part; provided, that such disposals are made in accordance with regulations of the procurement commission. (b) (1) Disposal of surplus personal property in the possession of the general assembly is exempt from this part; provided, that such disposals are made in a commercially reasonable manner pursuant to the policies and guidelines developed by the joint legislative services committee, created by § 3-10-101 , and approved by both speakers. (2) A member of the general assembly may purchase office furniture, equipment, or other personal property for use in the home district legislative office of such member if such furniture, equipment or property has been declared surplus and classified for disposal pursuant to the policies and guidelines developed and approved pursuant to subdivision (b)(1). (3) (A) Except as permitted by subdivision (b)(2), it is hereby declared unlawful for any state official or employee to purchase from the general assembly except by bid at public auction or by internet auction, using a personal computer on personal time, any surplus property during the tenure of such person's office or employment, or for six (6) months thereafter. (B) A purchaser who violates this subdivision (b)(3) commits a Class A misdemeanor. Acts 1976, ch. 821, § 9; T.C.A., § 12-243; Acts 1981, ch. 277, § 1; 2011, ch. 295, §§ 9(a), 19; 2012, ch. 626, § 7.
(a) Disposal of surplus personal property which is determined to not be salvageable or usable, in accordance with regulations of the procurement commission, and disposal of surplus property in the collection of the Tennessee state museum, are exempt from this part; provided, that such disposals are made in accordance with regulations of the procurement commission.
(b) (1) Disposal of surplus personal property in the possession of the general assembly is exempt from this part; provided, that such disposals are made in a commercially reasonable manner pursuant to the policies and guidelines developed by the joint legislative services committee, created by § 3-10-101 , and approved by both speakers. (2) A member of the general assembly may purchase office furniture, equipment, or other personal property for use in the home district legislative office of such member if such furniture, equipment or property has been declared surplus and classified for disposal pursuant to the policies and guidelines developed and approved pursuant to subdivision (b)(1). (3) (A) Except as permitted by subdivision (b)(2), it is hereby declared unlawful for any state official or employee to purchase from the general assembly except by bid at public auction or by internet auction, using a personal computer on personal time, any surplus property during the tenure of such person's office or employment, or for six (6) months thereafter. (B) A purchaser who violates this subdivision (b)(3) commits a Class A misdemeanor.
(1) Disposal of surplus personal property in the possession of the general assembly is exempt from this part; provided, that such disposals are made in a commercially reasonable manner pursuant to the policies and guidelines developed by the joint legislative services committee, created by § 3-10-101 , and approved by both speakers.
(2) A member of the general assembly may purchase office furniture, equipment, or other personal property for use in the home district legislative office of such member if such furniture, equipment or property has been declared surplus and classified for disposal pursuant to the policies and guidelines developed and approved pursuant to subdivision (b)(1).
(3) (A) Except as permitted by subdivision (b)(2), it is hereby declared unlawful for any state official or employee to purchase from the general assembly except by bid at public auction or by internet auction, using a personal computer on personal time, any surplus property during the tenure of such person's office or employment, or for six (6) months thereafter. (B) A purchaser who violates this subdivision (b)(3) commits a Class A misdemeanor.
(A) Except as permitted by subdivision (b)(2), it is hereby declared unlawful for any state official or employee to purchase from the general assembly except by bid at public auction or by internet auction, using a personal computer on personal time, any surplus property during the tenure of such person's office or employment, or for six (6) months thereafter.
(B) A purchaser who violates this subdivision (b)(3) commits a Class A misdemeanor.
Acts 1976, ch. 821, § 9; T.C.A., § 12-243; Acts 1981, ch. 277, § 1; 2011, ch. 295, §§ 9(a), 19; 2012, ch. 626, § 7.
Tenn. Code Ann. § 12-3-901 — TN Code / Title 12 / Chapter 3 / Section 12-3-901
Short title
Status: in_force

This part shall be known as and may be cited as the "Life Cycle Cost and Procurement Act of 1978." Amended by 2013 Tenn. Acts, ch. 403,s 50, eff. 7/1/2013. Acts 1970, ch. 567, § 1; T.C.A., §§ 12-339, 12-3-501; Acts 1994, ch. 669, § 4; 2001, ch. 89, § 1.
This part shall be known as and may be cited as the "Life Cycle Cost and Procurement Act of 1978."
Amended by 2013 Tenn. Acts, ch. 403,s 50, eff. 7/1/2013.
Acts 1970, ch. 567, § 1; T.C.A., §§ 12-339, 12-3-501; Acts 1994, ch. 669, § 4; 2001, ch. 89, § 1.
Tenn. Code Ann. § 12-2-122 — TN Code / Title 12 / Chapter 2 / Section 12-2-122
Reserve for forestry facilities created
Status: in_force

Notwithstanding any law to the contrary, proceeds from the sale and conveyance of surplus real property or improvements used for state forestry or other operations of the department of agriculture, if not managed as state office buildings and support facilities revolving fund property, shall be deposited in a reserve for forestry facilities, which hereby is created in the general fund, to be used for capital outlay for replacement facilities of the department and other capital outlay of the department. Added by 2014 Tenn. Acts, ch. 917,s 4, eff. 5/13/2014.
Notwithstanding any law to the contrary, proceeds from the sale and conveyance of surplus real property or improvements used for state forestry or other operations of the department of agriculture, if not managed as state office buildings and support facilities revolving fund property, shall be deposited in a reserve for forestry facilities, which hereby is created in the general fund, to be used for capital outlay for replacement facilities of the department and other capital outlay of the department.
Added by 2014 Tenn. Acts, ch. 917,s 4, eff. 5/13/2014.
Tenn. Code Ann. § 12-3-1206 — TN Code / Title 12 / Chapter 3 / Section 12-3-1206
Transfer of assets for fire protection
Status: in_force

(a) Notwithstanding any other law, a county, municipality and metropolitan government may transfer the ownership of assets for fire protection purchased through or with the proceeds of federal, state or local grants to volunteer fire departments within such county, municipality or metropolitan area; provided, that such volunteer fire departments are registered as nonprofit organizations with the office of the secretary of state. (b) This section shall have no effect in a county, municipality or metropolitan area unless it is approved by the appropriate legislative body. Added by 2013 Tenn. Acts, ch. 403,s 70, eff. 7/1/2013.
(a) Notwithstanding any other law, a county, municipality and metropolitan government may transfer the ownership of assets for fire protection purchased through or with the proceeds of federal, state or local grants to volunteer fire departments within such county, municipality or metropolitan area; provided, that such volunteer fire departments are registered as nonprofit organizations with the office of the secretary of state.
(b) This section shall have no effect in a county, municipality or metropolitan area unless it is approved by the appropriate legislative body.
Added by 2013 Tenn. Acts, ch. 403,s 70, eff. 7/1/2013.
Tenn. Code Ann. § 12-1-102 — TN Code / Title 12 / Chapter 1 / Section 12-1-102
Authority for purchase of federal surplus property
Status: in_force

Notwithstanding any statute, public or private, providing the details of purchases on behalf of the state, or any political subdivision thereof, the state, or any political subdivision thereof, may purchase any surplus property offered for sale by the United States government from such government in such manner and on such terms as may be agreed upon between the seller and the buyer, including the right to execute deferred payment obligations and to make such purchases without taking bids or making advertisements therefor; provided, that all such purchases should be made by the agency of the state or political subdivision charged by existing or future law, with the authority to make purchases generally for the buyer. Acts 1945, ch. 16, § 1; mod. C. Supp. 1950, § 423.2 (Williams, § 423.27); T.C.A. (orig. ed.), § 12-102.
Notwithstanding any statute, public or private, providing the details of purchases on behalf of the state, or any political subdivision thereof, the state, or any political subdivision thereof, may purchase any surplus property offered for sale by the United States government from such government in such manner and on such terms as may be agreed upon between the seller and the buyer, including the right to execute deferred payment obligations and to make such purchases without taking bids or making advertisements therefor; provided, that all such purchases should be made by the agency of the state or political subdivision charged by existing or future law, with the authority to make purchases generally for the buyer.
Acts 1945, ch. 16, § 1; mod. C. Supp. 1950, § 423.2 (Williams, § 423.27); T.C.A. (orig. ed.), § 12-102.
Tenn. Code Ann. § 12-11-104 — TN Code / Title 12 / Chapter 11 / Section 12-11-104
Negotiations for joint federal-state program contracts
Status: in_force

(a) The state of Tennessee may join with other states and/or the United States in evaluating responses to invitations for proposals for contracts to supply materials or services for joint federal-state programs. The state of Tennessee, subject to the approval of the attorney general and reporter, may negotiate agreements with other states concerning the joint procurement efforts. (b) The state will have the right to terminate negotiations or contracts pursuant to this chapter at any time in its sole discretion. The state's right to terminate will be regardless of whether the procurement effort has been approved by any federal court or agency or if other states or federal agencies determine to continue with a joint procurement program. (c) All contracts entered into pursuant to this chapter are contingent on the receipt of necessary appropriations from the general assembly and the federal government, and shall be terminated if such funding becomes unavailable. Acts 1997, ch. 283, § 1.
(a) The state of Tennessee may join with other states and/or the United States in evaluating responses to invitations for proposals for contracts to supply materials or services for joint federal-state programs. The state of Tennessee, subject to the approval of the attorney general and reporter, may negotiate agreements with other states concerning the joint procurement efforts.
(b) The state will have the right to terminate negotiations or contracts pursuant to this chapter at any time in its sole discretion. The state's right to terminate will be regardless of whether the procurement effort has been approved by any federal court or agency or if other states or federal agencies determine to continue with a joint procurement program.
(c) All contracts entered into pursuant to this chapter are contingent on the receipt of necessary appropriations from the general assembly and the federal government, and shall be terminated if such funding becomes unavailable.
Acts 1997, ch. 283, § 1.
Tenn. Code Ann. § 12-3-1111 — TN Code / Title 12 / Chapter 3 / Section 12-3-1111
Preference to in-state natural gas producers
Status: in_force

Notwithstanding any provision of law to the contrary, all state agencies, departments, boards, commissions, institutions, institutions of higher education, schools and all other state entities shall purchase natural gas produced from wells located in the state if such gas is available at a price which is equal to or less than natural gas produced from wells located outside the state, transportation costs taken into account. Added by 2013 Tenn. Acts, ch. 403,s 67, eff. 7/1/2013.
Notwithstanding any provision of law to the contrary, all state agencies, departments, boards, commissions, institutions, institutions of higher education, schools and all other state entities shall purchase natural gas produced from wells located in the state if such gas is available at a price which is equal to or less than natural gas produced from wells located outside the state, transportation costs taken into account.
Added by 2013 Tenn. Acts, ch. 403,s 67, eff. 7/1/2013.
Tenn. Code Ann. § 12-1-206 — TN Code / Title 12 / Chapter 1 / Section 12-1-206
Limitation of action
Status: in_force

An owner of private property shall commence any proceedings claiming a government action is an unconstitutional taking within the same limitation of actions period as provided in § 29-16-124 for actions commenced pursuant to § 29-16-123 . Acts 1994, ch. 924, § 7.
An owner of private property shall commence any proceedings claiming a government action is an unconstitutional taking within the same limitation of actions period as provided in § 29-16-124 for actions commenced pursuant to § 29-16-123 .
Acts 1994, ch. 924, § 7.
Tenn. Code Ann. § 12-4-116 — TN Code / Title 12 / Chapter 4 / Section 12-4-116
Electronic bidding
Status: in_force

Notwithstanding any law, rule or regulation to the contrary, local governments may satisfy any requirement for mailing by distributing invitations to bid, requests for proposals and other solicitations electronically. In addition, local governments may receive bids, proposals, and other offers electronically. In order to assure the fullest possible participation of small businesses and minority-owned businesses, local governments shall not require such small businesses and minority-owned businesses to receive or respond to invitations to bid, requests for proposals, or other solicitations electronically. Added by 2014 Tenn. Acts, ch. 645,s 1, eff. 4/8/2014.
Notwithstanding any law, rule or regulation to the contrary, local governments may satisfy any requirement for mailing by distributing invitations to bid, requests for proposals and other solicitations electronically. In addition, local governments may receive bids, proposals, and other offers electronically. In order to assure the fullest possible participation of small businesses and minority-owned businesses, local governments shall not require such small businesses and minority-owned businesses to receive or respond to invitations to bid, requests for proposals, or other solicitations electronically.
Added by 2014 Tenn. Acts, ch. 645,s 1, eff. 4/8/2014.
Tenn. Code Ann. § 12-4-605 — TN Code / Title 12 / Chapter 4 / Section 12-4-605
Applicability
Status: in_force

No person or business organization shall be prohibited by this part from soliciting employment on any contract let by the state or by other state entities or any contract funded wholly or in part by the state or by other state entities due to a conviction resulting from activities engaged in prior to May 22, 1981. Acts 1981, ch. 393, § 1; 1989, ch. 366, § 4; 1991, ch. 114, § 1.
No person or business organization shall be prohibited by this part from soliciting employment on any contract let by the state or by other state entities or any contract funded wholly or in part by the state or by other state entities due to a conviction resulting from activities engaged in prior to May 22, 1981.
Acts 1981, ch. 393, § 1; 1989, ch. 366, § 4; 1991, ch. 114, § 1.
Tenn. Code Ann. § 12-2-411 — TN Code / Title 12 / Chapter 2 / Section 12-2-411
Disposition of proceeds
Status: in_force

The proceeds from the disposal of property under this part shall be remitted to the department releasing such property. The commissioner shall charge the releasing department a reasonable fee to cover the cost of disposition of the property, except where the releasing department is authorized pursuant to § 12-2-410 to serve as the agent for disposal. The method of determining such fee shall be governed by regulations of the procurement commission. Acts 1976, ch. 821, § 11; T.C.A., § 12-245; Acts 2011, ch. 295, §§ 9(a), 19.
The proceeds from the disposal of property under this part shall be remitted to the department releasing such property. The commissioner shall charge the releasing department a reasonable fee to cover the cost of disposition of the property, except where the releasing department is authorized pursuant to § 12-2-410 to serve as the agent for disposal. The method of determining such fee shall be governed by regulations of the procurement commission.
Acts 1976, ch. 821, § 11; T.C.A., § 12-245; Acts 2011, ch. 295, §§ 9(a), 19.
Tenn. Code Ann. § 12-1-103 — TN Code / Title 12 / Chapter 1 / Section 12-1-103
Commission to purchase federal property
Status: in_force

There is appointed a commission to be composed of the governor, state treasurer and attorney general and reporter, which commission is clothed with authority to purchase from the federal government such property as the federal government may offer for sale and which may be used advantageously, in the discretion of the commission, by any department or agency of the state. Acts 1945, ch. 168, § 1; C. Supp. 1950, § 1032.1; T.C.A. (orig. ed.), § 12-103.
There is appointed a commission to be composed of the governor, state treasurer and attorney general and reporter, which commission is clothed with authority to purchase from the federal government such property as the federal government may offer for sale and which may be used advantageously, in the discretion of the commission, by any department or agency of the state.
Acts 1945, ch. 168, § 1; C. Supp. 1950, § 1032.1; T.C.A. (orig. ed.), § 12-103.