Tenn. Code Ann. § 12-2-114 — TN Code / Title 12 / Chapter 2 / Section 12-2-114
State leases - Procedure
Status: in_force

(a) As used in this section, "entity" means any state agency, department, or institution of higher education of the state. (b) When it becomes necessary for an entity to enter into a new lease as lessee, the applicable state procurement agency, in accordance with the policy of the state building commission, shall: (1) Prepare a general statement of the entity's space needs; and (2) Advertise, at the cost of the entity requesting the space, the entity's space needs on the website of the state procurement agency and in a newspaper of general circulation in the city or county where the space is needed on at least one (1) occasion and at least two (2) weeks before proposals are opened, or as required by the policy of the state building commission, unless one (1) of the following exceptions is satisfied: (A) The annual rental will be less than an amount to be specified by the policy of the state building commission, the amount not to exceed fifty thousand dollars ($50,000); (B) The property to be leased is owned or otherwise controlled by a city, county, or other political subdivision of the state or the federal government; (C) The space required by the entity has special and unique requirements as determined and approved by the state building commission; or (D) The term of the lease will be one (1) year or less. (c) When it becomes necessary for an entity to amend a lease where it is the lessee, advertising shall not be required for: (1) Lease renewals where the right to renew the lease and the terms of the rental rate for the renewal term were included in the original lease; (2) Extensions to the term of a lease by one (1) year or less beyond the expiration date set forth in the original lease; or (3) Other amendments to a lease, unless required by the policy of the state building commission. (d) Any proposal to lease space to the entity shall contain the name of any persons who are contemplated to become financially interested in the lease and shall be made readily available and accessible for public examination. (e) After receipt of the proposals, the state procurement agency, in accordance with the policy of the state building commission, may then negotiate with the prospective lessors for leasing of the needed space, taking into account not only the rent offered but the type of space, the location, its suitability for the purpose, services offered by the lessor, moving costs, and all other relevant factors. The state shall enter into a lease with the proposer offering the proposal with the lowest total cost, unless a statement of justification supporting award to a different proposer has been submitted to and approved by the state building commission prior to entering into the lease. Amended by 2015 Tenn. Acts, ch. 382,s 1, eff. 5/8/2015. Amended by 2013 Tenn. Acts, ch. 454,s 36, eff. 5/16/2013. Acts 1976, ch. 842, § 1; T.C.A., § 12-252; Acts 1980, ch. 740, § 1; 1981, ch. 196, § 1; 1981, ch. 332, § 29; 1984, ch. 754, § 1; 1989, ch. 454, §§ 4, 5; 1990, ch. 734, §§ 3, 4; 1997, ch. 402, §§ 6, 7.
(a) As used in this section, "entity" means any state agency, department, or institution of higher education of the state.
(b) When it becomes necessary for an entity to enter into a new lease as lessee, the applicable state procurement agency, in accordance with the policy of the state building commission, shall: (1) Prepare a general statement of the entity's space needs; and (2) Advertise, at the cost of the entity requesting the space, the entity's space needs on the website of the state procurement agency and in a newspaper of general circulation in the city or county where the space is needed on at least one (1) occasion and at least two (2) weeks before proposals are opened, or as required by the policy of the state building commission, unless one (1) of the following exceptions is satisfied: (A) The annual rental will be less than an amount to be specified by the policy of the state building commission, the amount not to exceed fifty thousand dollars ($50,000); (B) The property to be leased is owned or otherwise controlled by a city, county, or other political subdivision of the state or the federal government; (C) The space required by the entity has special and unique requirements as determined and approved by the state building commission; or (D) The term of the lease will be one (1) year or less.
(1) Prepare a general statement of the entity's space needs; and
(2) Advertise, at the cost of the entity requesting the space, the entity's space needs on the website of the state procurement agency and in a newspaper of general circulation in the city or county where the space is needed on at least one (1) occasion and at least two (2) weeks before proposals are opened, or as required by the policy of the state building commission, unless one (1) of the following exceptions is satisfied: (A) The annual rental will be less than an amount to be specified by the policy of the state building commission, the amount not to exceed fifty thousand dollars ($50,000); (B) The property to be leased is owned or otherwise controlled by a city, county, or other political subdivision of the state or the federal government; (C) The space required by the entity has special and unique requirements as determined and approved by the state building commission; or (D) The term of the lease will be one (1) year or less.
(A) The annual rental will be less than an amount to be specified by the policy of the state building commission, the amount not to exceed fifty thousand dollars ($50,000);
(B) The property to be leased is owned or otherwise controlled by a city, county, or other political subdivision of the state or the federal government;
(C) The space required by the entity has special and unique requirements as determined and approved by the state building commission; or
(D) The term of the lease will be one (1) year or less.
(c) When it becomes necessary for an entity to amend a lease where it is the lessee, advertising shall not be required for: (1) Lease renewals where the right to renew the lease and the terms of the rental rate for the renewal term were included in the original lease; (2) Extensions to the term of a lease by one (1) year or less beyond the expiration date set forth in the original lease; or (3) Other amendments to a lease, unless required by the policy of the state building commission.
(1) Lease renewals where the right to renew the lease and the terms of the rental rate for the renewal term were included in the original lease;
(2) Extensions to the term of a lease by one (1) year or less beyond the expiration date set forth in the original lease; or
(3) Other amendments to a lease, unless required by the policy of the state building commission.
(d) Any proposal to lease space to the entity shall contain the name of any persons who are contemplated to become financially interested in the lease and shall be made readily available and accessible for public examination.
(e) After receipt of the proposals, the state procurement agency, in accordance with the policy of the state building commission, may then negotiate with the prospective lessors for leasing of the needed space, taking into account not only the rent offered but the type of space, the location, its suitability for the purpose, services offered by the lessor, moving costs, and all other relevant factors. The state shall enter into a lease with the proposer offering the proposal with the lowest total cost, unless a statement of justification supporting award to a different proposer has been submitted to and approved by the state building commission prior to entering into the lease.
Amended by 2015 Tenn. Acts, ch. 382,s 1, eff. 5/8/2015.
Amended by 2013 Tenn. Acts, ch. 454,s 36, eff. 5/16/2013.
Acts 1976, ch. 842, § 1; T.C.A., § 12-252; Acts 1980, ch. 740, § 1; 1981, ch. 196, § 1; 1981, ch. 332, § 29; 1984, ch. 754, § 1; 1989, ch. 454, §§ 4, 5; 1990, ch. 734, §§ 3, 4; 1997, ch. 402, §§ 6, 7.
Tenn. Code Ann. § 12-4-208 — TN Code / Title 12 / Chapter 4 / Section 12-4-208
Action on bond
Status: in_force

In default of the prompt payment of all such taxes, licenses, assessments, contributions, damages, penalties and interest thereon, as may be due by any such contractor, a direct proceeding on the bond may be brought in any court of competent jurisdiction by the proper officer or agency having lawful authority so to do, to enforce such payment. The right to so proceed in this matter is cumulative and in addition to such other remedies as may now be provided by law. Acts 1947, ch. 33, § 2; C. Supp. 1950, § 7955.1 (Williams, § 1689.7); T.C.A. (orig. ed.), § 12-424.
In default of the prompt payment of all such taxes, licenses, assessments, contributions, damages, penalties and interest thereon, as may be due by any such contractor, a direct proceeding on the bond may be brought in any court of competent jurisdiction by the proper officer or agency having lawful authority so to do, to enforce such payment. The right to so proceed in this matter is cumulative and in addition to such other remedies as may now be provided by law.
Acts 1947, ch. 33, § 2; C. Supp. 1950, § 7955.1 (Williams, § 1689.7); T.C.A. (orig. ed.), § 12-424.
Tenn. Code Ann. § 12-4-1002 — TN Code / Title 12 / Chapter 4 / Section 12-4-1002
Establishment of practices and procedures for purchasing insurance
Status: in_force

The state treasurer shall establish accepted practices and procedures to be followed in purchasing insurance under the plan developed under § 12-4-1001 . Such practices and procedures shall be subject to the approval of the board of claims. Added by 2013 Tenn. Acts, ch. 403,s 82, eff. 7/1/2013.
The state treasurer shall establish accepted practices and procedures to be followed in purchasing insurance under the plan developed under § 12-4-1001 . Such practices and procedures shall be subject to the approval of the board of claims.
Added by 2013 Tenn. Acts, ch. 403,s 82, eff. 7/1/2013.
Tenn. Code Ann. § 12-2-403 — TN Code / Title 12 / Chapter 2 / Section 12-2-403
Methods of disposal
Status: in_force

(a) No article or personal property may be disposed of as surplus except by one (1) of the following methods: (1) Public auction, publicly advertised and held; (2) Sale under sealed bids, publicly advertised, opened and recorded; (3) Sale by internet auction; (4) Negotiated contract for sale, at arms length; but only in those instances in which the availability of the property is recurring or repetitive in character, such as marketable waste products, for disposal of the property as it is generated in the most economically feasible, fiscally sound, and administratively practicable method for the state to utilize; (5) Trade-in, where such is permitted due to the nature of the property or equipment and under the terms and conditions of the contract by which the state replaces the property, and subject, further, to this part and the regulations of the procurement commission promulgated to govern the disposal of property by trade-in; and (6) Sale under rules and regulations as provided in subsection (d). (b) The procurement commission may promulgate special regulations for the disposal of surplus personal property, such as firearms, ammunition, and other explosives, which, by their character and utility, must be disposed of in a method consistent with prevailing federal law. (c) (1) Political subdivisions of the state, governmental entities and corporations organized and conducted not-for-profit which have been approved as authorized donees under the federal surplus property program and not-for-profit federally financed rural electric cooperatives, as defined in title 65, chapter 25, may purchase personal property declared surplus and classified by the commissioner for disposal pursuant to § 12-2-407 . (2) A member of the general public may purchase a bloodhound declared surplus and classified by the commissioner for disposal pursuant to the procedures established in § 12-2-407 for sales to governmental entities. (3) 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 by the commissioner for disposal pursuant to procedures established in § 12-2-407 for sales to governmental entities. (d) The commissioner, with the approval of the procurement commission, may promulgate special rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to permit sales to nonprofit volunteer fire, police, and rescue organizations operated for a public purpose. Such regulations shall provide for sale of surplus property to such organizations on the basis of fair market value of such property as determined by the commissioner. Such regulations shall establish eligibility requirements for organizations to purchase surplus property under this subsection (d). Determinations of eligibility shall be made in accordance with rules and regulations promulgated under this section by the commissioner and all decisions of the commissioner shall be final. Such sales shall be subject to the restrictions contained in § 12-2-407 . (e) The commissioner of finance and administration, with the approval of the governor and the attorney general and reporter, may approve the transfer of surplus personal property to a selected local government, with or without financial consideration, when associated real property is being transferred to that local government under provisions of this chapter; provided, that the authorizing officials named in this subsection (e) first must determine that such transfer of personal property ownership is in the interest of the state. (f) The commissioner of general services, with the approval of the governor and the procurement commission, may approve the transfer of surplus personal property to local government, with or without financial consideration; provided, that such property was initially acquired from the federal government for civil defense purposes; provided further, that the authorizing officials named in this subsection (f) first determine that such transfer of personal property ownership is in the interest of the state. (g) (1) For purposes of this subsection (g), "computer equipment" includes personal computers, printers, CD-ROM readers, monitors, keyboards, CPU's, scanners, and all accessories and other peripheral equipment used in a data processing operation. (2) The commissioner of general services, in consultation with the information systems council, with the approval of the governor and the commissioner of education, is authorized to transfer surplus computer equipment to local education agencies, without financial consideration; provided, that such property is suitable for educational purposes for the public schools as determined by the commissioner of education; and provided further, that the authorizing officials named in this subsection (g) first determine that the transfer of such personal property ownership is in the best interest of the state. (3) Prior to the disposition of surplus computer equipment, a determination shall be made as to whether requests have been made by a local education agency for computer equipment. If suitable computer equipment is available which meets the needs of requests on file by local education agencies, such property shall be transferred, without financial consideration, to such local education agencies. If, however, available surplus computer equipment is not suitable for educational purposes or if no requests are on file by local education agencies for equipment which meets the needs of such requests, then the surplus computer equipment shall be disposed of as otherwise provided in this section. (4) The procurement commission shall adopt rules and regulations on the procedure for the disposal of such computer equipment as provided in this subsection (g) and, in consultation with the commissioner of education, on the procedures for a local education agency to apply for and be considered for receiving such property. (5) The department or agency which declares the computer equipment surplus may be charged a fee to cover the cost of disposing of such equipment. The amount of the fee shall be determined by the procurement commission. (6) Notwithstanding any other law to the contrary, any surplus computer equipment held by the department of human services and not deemed to meet the needs of requests on file by local education agencies shall be transferred by the department of human services without financial consideration to community agencies that serve low income individuals. (h) (1) Notwithstanding any other law to the contrary, the department of safety may, without payment of financial consideration and following notice to the commissioner of general services, transfer a surplus first responder two-way radio held by the department to the county government of a county that is designated as a distressed county in the most recently published edition of the Appalachian Regional Commission economic classification system index. (2) After the transfer of a surplus two-way radio to a distressed county under subdivision (h)(1), other surplus two-way radios may then be transferred to other county governments in need of such equipment that submit proof to the department's satisfaction that such counties cannot purchase the radios within the budget for that fiscal year. (3) Surplus first responder two-way radios held by the department that were obtained from the federal government or purchased with federal grant funds must be transferred in accordance with federal law or regulation regarding such property. (i) Notwithstanding any law to the contrary, a surplus commercial motor vehicle in possession of a state agency may, with payment of reasonable financial consideration and following notice to the commissioner of general services, be transferred to the department of safety for use in the department's commercial driver license testing program. A surplus vehicle transferred under this section must be sold as provided in this section when the vehicle is no longer in use by the department of safety. Amended by 2022 Tenn. Acts, ch. 992, s 7, eff. 7/1/2022. Amended by 2021 Tenn. Acts, ch. 527, s 1, eff. 5/25/2021. Acts 1976, ch. 821, § 3; 1978, ch. 625, § 1; 1978, ch. 797, § 1; T.C.A., § 12-237; Acts 1981, ch. 181, § 1; 1981, ch. 319, § 1; 1982, ch. 845, § 1; 1993, ch. 299, § 1; 1997 , ch. 52, § 1; 1997 , ch. 359, § 1; 1997 , ch. 474, § 1; 1998, ch. 853, § 1; 2001, ch. 90, § 1; 2007 , ch. 411, § 1; 2011 , ch. 295, §§ 9 (a), 19; 2012 , ch. 626, § 3.
(a) No article or personal property may be disposed of as surplus except by one (1) of the following methods: (1) Public auction, publicly advertised and held; (2) Sale under sealed bids, publicly advertised, opened and recorded; (3) Sale by internet auction; (4) Negotiated contract for sale, at arms length; but only in those instances in which the availability of the property is recurring or repetitive in character, such as marketable waste products, for disposal of the property as it is generated in the most economically feasible, fiscally sound, and administratively practicable method for the state to utilize; (5) Trade-in, where such is permitted due to the nature of the property or equipment and under the terms and conditions of the contract by which the state replaces the property, and subject, further, to this part and the regulations of the procurement commission promulgated to govern the disposal of property by trade-in; and (6) Sale under rules and regulations as provided in subsection (d).
(1) Public auction, publicly advertised and held;
(2) Sale under sealed bids, publicly advertised, opened and recorded;
(3) Sale by internet auction;
(4) Negotiated contract for sale, at arms length; but only in those instances in which the availability of the property is recurring or repetitive in character, such as marketable waste products, for disposal of the property as it is generated in the most economically feasible, fiscally sound, and administratively practicable method for the state to utilize;
(5) Trade-in, where such is permitted due to the nature of the property or equipment and under the terms and conditions of the contract by which the state replaces the property, and subject, further, to this part and the regulations of the procurement commission promulgated to govern the disposal of property by trade-in; and
(6) Sale under rules and regulations as provided in subsection (d).
(b) The procurement commission may promulgate special regulations for the disposal of surplus personal property, such as firearms, ammunition, and other explosives, which, by their character and utility, must be disposed of in a method consistent with prevailing federal law.
(c) (1) Political subdivisions of the state, governmental entities and corporations organized and conducted not-for-profit which have been approved as authorized donees under the federal surplus property program and not-for-profit federally financed rural electric cooperatives, as defined in title 65, chapter 25, may purchase personal property declared surplus and classified by the commissioner for disposal pursuant to § 12-2-407 . (2) A member of the general public may purchase a bloodhound declared surplus and classified by the commissioner for disposal pursuant to the procedures established in § 12-2-407 for sales to governmental entities. (3) 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 by the commissioner for disposal pursuant to procedures established in § 12-2-407 for sales to governmental entities.
(1) Political subdivisions of the state, governmental entities and corporations organized and conducted not-for-profit which have been approved as authorized donees under the federal surplus property program and not-for-profit federally financed rural electric cooperatives, as defined in title 65, chapter 25, may purchase personal property declared surplus and classified by the commissioner for disposal pursuant to § 12-2-407 .
(2) A member of the general public may purchase a bloodhound declared surplus and classified by the commissioner for disposal pursuant to the procedures established in § 12-2-407 for sales to governmental entities.
(3) 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 by the commissioner for disposal pursuant to procedures established in § 12-2-407 for sales to governmental entities.
(d) The commissioner, with the approval of the procurement commission, may promulgate special rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to permit sales to nonprofit volunteer fire, police, and rescue organizations operated for a public purpose. Such regulations shall provide for sale of surplus property to such organizations on the basis of fair market value of such property as determined by the commissioner. Such regulations shall establish eligibility requirements for organizations to purchase surplus property under this subsection (d). Determinations of eligibility shall be made in accordance with rules and regulations promulgated under this section by the commissioner and all decisions of the commissioner shall be final. Such sales shall be subject to the restrictions contained in § 12-2-407 .
(e) The commissioner of finance and administration, with the approval of the governor and the attorney general and reporter, may approve the transfer of surplus personal property to a selected local government, with or without financial consideration, when associated real property is being transferred to that local government under provisions of this chapter; provided, that the authorizing officials named in this subsection (e) first must determine that such transfer of personal property ownership is in the interest of the state.
(f) The commissioner of general services, with the approval of the governor and the procurement commission, may approve the transfer of surplus personal property to local government, with or without financial consideration; provided, that such property was initially acquired from the federal government for civil defense purposes; provided further, that the authorizing officials named in this subsection (f) first determine that such transfer of personal property ownership is in the interest of the state.
(g) (1) For purposes of this subsection (g), "computer equipment" includes personal computers, printers, CD-ROM readers, monitors, keyboards, CPU's, scanners, and all accessories and other peripheral equipment used in a data processing operation. (2) The commissioner of general services, in consultation with the information systems council, with the approval of the governor and the commissioner of education, is authorized to transfer surplus computer equipment to local education agencies, without financial consideration; provided, that such property is suitable for educational purposes for the public schools as determined by the commissioner of education; and provided further, that the authorizing officials named in this subsection (g) first determine that the transfer of such personal property ownership is in the best interest of the state. (3) Prior to the disposition of surplus computer equipment, a determination shall be made as to whether requests have been made by a local education agency for computer equipment. If suitable computer equipment is available which meets the needs of requests on file by local education agencies, such property shall be transferred, without financial consideration, to such local education agencies. If, however, available surplus computer equipment is not suitable for educational purposes or if no requests are on file by local education agencies for equipment which meets the needs of such requests, then the surplus computer equipment shall be disposed of as otherwise provided in this section. (4) The procurement commission shall adopt rules and regulations on the procedure for the disposal of such computer equipment as provided in this subsection (g) and, in consultation with the commissioner of education, on the procedures for a local education agency to apply for and be considered for receiving such property. (5) The department or agency which declares the computer equipment surplus may be charged a fee to cover the cost of disposing of such equipment. The amount of the fee shall be determined by the procurement commission. (6) Notwithstanding any other law to the contrary, any surplus computer equipment held by the department of human services and not deemed to meet the needs of requests on file by local education agencies shall be transferred by the department of human services without financial consideration to community agencies that serve low income individuals.
(1) For purposes of this subsection (g), "computer equipment" includes personal computers, printers, CD-ROM readers, monitors, keyboards, CPU's, scanners, and all accessories and other peripheral equipment used in a data processing operation.
(2) The commissioner of general services, in consultation with the information systems council, with the approval of the governor and the commissioner of education, is authorized to transfer surplus computer equipment to local education agencies, without financial consideration; provided, that such property is suitable for educational purposes for the public schools as determined by the commissioner of education; and provided further, that the authorizing officials named in this subsection (g) first determine that the transfer of such personal property ownership is in the best interest of the state.
(3) Prior to the disposition of surplus computer equipment, a determination shall be made as to whether requests have been made by a local education agency for computer equipment. If suitable computer equipment is available which meets the needs of requests on file by local education agencies, such property shall be transferred, without financial consideration, to such local education agencies. If, however, available surplus computer equipment is not suitable for educational purposes or if no requests are on file by local education agencies for equipment which meets the needs of such requests, then the surplus computer equipment shall be disposed of as otherwise provided in this section.
(4) The procurement commission shall adopt rules and regulations on the procedure for the disposal of such computer equipment as provided in this subsection (g) and, in consultation with the commissioner of education, on the procedures for a local education agency to apply for and be considered for receiving such property.
(5) The department or agency which declares the computer equipment surplus may be charged a fee to cover the cost of disposing of such equipment. The amount of the fee shall be determined by the procurement commission.
(6) Notwithstanding any other law to the contrary, any surplus computer equipment held by the department of human services and not deemed to meet the needs of requests on file by local education agencies shall be transferred by the department of human services without financial consideration to community agencies that serve low income individuals.
(h) (1) Notwithstanding any other law to the contrary, the department of safety may, without payment of financial consideration and following notice to the commissioner of general services, transfer a surplus first responder two-way radio held by the department to the county government of a county that is designated as a distressed county in the most recently published edition of the Appalachian Regional Commission economic classification system index. (2) After the transfer of a surplus two-way radio to a distressed county under subdivision (h)(1), other surplus two-way radios may then be transferred to other county governments in need of such equipment that submit proof to the department's satisfaction that such counties cannot purchase the radios within the budget for that fiscal year. (3) Surplus first responder two-way radios held by the department that were obtained from the federal government or purchased with federal grant funds must be transferred in accordance with federal law or regulation regarding such property.
(1) Notwithstanding any other law to the contrary, the department of safety may, without payment of financial consideration and following notice to the commissioner of general services, transfer a surplus first responder two-way radio held by the department to the county government of a county that is designated as a distressed county in the most recently published edition of the Appalachian Regional Commission economic classification system index.
(2) After the transfer of a surplus two-way radio to a distressed county under subdivision (h)(1), other surplus two-way radios may then be transferred to other county governments in need of such equipment that submit proof to the department's satisfaction that such counties cannot purchase the radios within the budget for that fiscal year.
(3) Surplus first responder two-way radios held by the department that were obtained from the federal government or purchased with federal grant funds must be transferred in accordance with federal law or regulation regarding such property.
(i) Notwithstanding any law to the contrary, a surplus commercial motor vehicle in possession of a state agency may, with payment of reasonable financial consideration and following notice to the commissioner of general services, be transferred to the department of safety for use in the department's commercial driver license testing program. A surplus vehicle transferred under this section must be sold as provided in this section when the vehicle is no longer in use by the department of safety.
Amended by 2022 Tenn. Acts, ch. 992, s 7, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 527, s 1, eff. 5/25/2021.
Acts 1976, ch. 821, § 3; 1978, ch. 625, § 1; 1978, ch. 797, § 1; T.C.A., § 12-237; Acts 1981, ch. 181, § 1; 1981, ch. 319, § 1; 1982, ch. 845, § 1; 1993, ch. 299, § 1; 1997 , ch. 52, § 1; 1997 , ch. 359, § 1; 1997 , ch. 474, § 1; 1998, ch. 853, § 1; 2001, ch. 90, § 1; 2007 , ch. 411, § 1; 2011 , ch. 295, §§ 9 (a), 19; 2012 , ch. 626, § 3.
Tenn. Code Ann. § 12-12-113 — TN Code / Title 12 / Chapter 12 / Section 12-12-113
Applicability of restrictions
Status: in_force

The restrictions provided for in this chapter apply only until Congress, by legislation, declares that divestment of the type provided for in this chapter interferes with the conduct of United States foreign policy or revokes its current sanctions against Iran. Added by 2016 Tenn. Acts, ch. 817,s 1, eff. 7/1/2016.
The restrictions provided for in this chapter apply only until Congress, by legislation, declares that divestment of the type provided for in this chapter interferes with the conduct of United States foreign policy or revokes its current sanctions against Iran.
Added by 2016 Tenn. Acts, ch. 817,s 1, eff. 7/1/2016.
Tenn. Code Ann. § 12-4-707 — TN Code / Title 12 / Chapter 4 / Section 12-4-707
Payments to subcontractors - Interest
Status: in_force

(a) Upon payment by an agency, a business which has acquired under contract, property or services in connection with its contract with such agency from a subcontractor or supplier shall pay the subcontractor or supplier within thirty (30) days after receiving payment from the agency. (b) Interest at the rate of one and one-half percent (1½%) per month shall accrue and is due any subcontractor or supplier who is not paid within thirty (30) days after the business receives payment from the agency, unless otherwise provided by contract between the agency and the business, or by contract between the business and the subcontractor or supplier. Interest begins to accrue on the thirty-first day at the rate specified in this subsection (b). Acts 1985, ch. 57, § 1.
(a) Upon payment by an agency, a business which has acquired under contract, property or services in connection with its contract with such agency from a subcontractor or supplier shall pay the subcontractor or supplier within thirty (30) days after receiving payment from the agency.
(b) Interest at the rate of one and one-half percent (1½%) per month shall accrue and is due any subcontractor or supplier who is not paid within thirty (30) days after the business receives payment from the agency, unless otherwise provided by contract between the agency and the business, or by contract between the business and the subcontractor or supplier. Interest begins to accrue on the thirty-first day at the rate specified in this subsection (b).
Acts 1985, ch. 57, § 1.
Tenn. Code Ann. § 12-4-601 — TN Code / Title 12 / Chapter 4 / Section 12-4-601
Other state entities
Status: in_force

As used in this part, "other state entities" includes counties, cities, municipalities, and any other political subdivision of this state. Acts 1981, ch. 393, § 1.
As used in this part, "other state entities" includes counties, cities, municipalities, and any other political subdivision of this state.
Acts 1981, ch. 393, § 1.
Tenn. Code Ann. § 12-3-1208 — TN Code / Title 12 / Chapter 3 / Section 12-3-1208
Reverse auctions by local governmental units
Status: in_force

(a) (1) As used in this section, "local governmental unit" means and includes a county, city, municipality, special district, utility district, school district, authority or any other entity created or appointed by a local governmental unit of the state. (2) For a purchase of goods or services, any local governmental unit may purchase goods or services through a competitive reverse auction process that allows offerors to bid on specified goods or services electronically and adjust bid pricing during a specified time period. (3) This section shall not apply to: (A) Construction services, other than those relating to maintenance, repairs and renovations, the cost of which is less than the maximum applicable threshold established pursuant to § 12-3-1212 ; (B) Architectural or engineering services; (C) New or unused motor vehicles, unless the motor vehicles are manufactured for a special purpose. "Manufactured for a special purpose" includes, but is not limited to, school buses, buses with capacity exceeding twenty-two (22) passengers used to provide public transportation, garbage trucks, fire trucks or ambulances; or (D) New or unused construction equipment. (b) The purchasing agent of the local governmental unit shall solicit bids by public notice inserted at least once in a newspaper of countywide circulation five (5) calendar days prior to the first day bids can be submitted. If the county in question has no newspaper with countywide circulation, the purchasing agent shall post notices on a public bulletin board in the county courthouse. The purchasing agent may also solicit bid requests by mail to prospective bidders or by distributing invitations to bid electronically via email or by posting on the entity's website. All invitations to bid shall include a general description of the goods or services to be purchased and information related to the time and place of opening bids. (c) In order to assure the fullest possible participation of small businesses and minority-owned businesses, a local governmental unit shall provide a mechanism either through the local governmental unit itself or through a third party, if a third party source is utilized to conduct the reverse auction, to facilitate participation of small and minority-owned businesses in a reverse auction. (d) All bid responses received shall be made available publicly at the time and place identified in the invitation to bid. An award shall be made to the offeror determined to be the lowest responsible and responsive bidder at the close of the specified bid period. Each bid, with the name and address of the bidder, shall be recorded and the names of the bidders, the amounts of their bids and the name of the successful bidder shall, after the award, be open to public inspection. All bids should be preserved for a period of sixty (60) months. (e) (1) Prior to the initial utilization of a reverse auction, the local governmental unit shall file a plan with the comptroller of the treasury. The plan shall indicate the technology to be utilized, whether a third party source will be utilized to conduct a reverse auction or auctions, a description of policies and procedures related to the implementation of the reverse auction process and documentation of internal controls that will ensure the integrity of the process. (2) The plan shall also indicate whether such a process will be implemented within the existing operating resources of the local governmental unit or indicate prior approval of the governing body of the local governmental unit if additional operating resources are needed. Amended by 2024 Tenn. Acts, ch. 513,s 12, eff. 3/1/2024. Added by 2013 Tenn. Acts, ch. 403, s 70, eff. 7/1/2013.
(a) (1) As used in this section, "local governmental unit" means and includes a county, city, municipality, special district, utility district, school district, authority or any other entity created or appointed by a local governmental unit of the state. (2) For a purchase of goods or services, any local governmental unit may purchase goods or services through a competitive reverse auction process that allows offerors to bid on specified goods or services electronically and adjust bid pricing during a specified time period. (3) This section shall not apply to: (A) Construction services, other than those relating to maintenance, repairs and renovations, the cost of which is less than the maximum applicable threshold established pursuant to § 12-3-1212 ; (B) Architectural or engineering services; (C) New or unused motor vehicles, unless the motor vehicles are manufactured for a special purpose. "Manufactured for a special purpose" includes, but is not limited to, school buses, buses with capacity exceeding twenty-two (22) passengers used to provide public transportation, garbage trucks, fire trucks or ambulances; or (D) New or unused construction equipment.
(1) As used in this section, "local governmental unit" means and includes a county, city, municipality, special district, utility district, school district, authority or any other entity created or appointed by a local governmental unit of the state.
(2) For a purchase of goods or services, any local governmental unit may purchase goods or services through a competitive reverse auction process that allows offerors to bid on specified goods or services electronically and adjust bid pricing during a specified time period.
(3) This section shall not apply to: (A) Construction services, other than those relating to maintenance, repairs and renovations, the cost of which is less than the maximum applicable threshold established pursuant to § 12-3-1212 ; (B) Architectural or engineering services; (C) New or unused motor vehicles, unless the motor vehicles are manufactured for a special purpose. "Manufactured for a special purpose" includes, but is not limited to, school buses, buses with capacity exceeding twenty-two (22) passengers used to provide public transportation, garbage trucks, fire trucks or ambulances; or (D) New or unused construction equipment.
(A) Construction services, other than those relating to maintenance, repairs and renovations, the cost of which is less than the maximum applicable threshold established pursuant to § 12-3-1212 ;
(B) Architectural or engineering services;
(C) New or unused motor vehicles, unless the motor vehicles are manufactured for a special purpose. "Manufactured for a special purpose" includes, but is not limited to, school buses, buses with capacity exceeding twenty-two (22) passengers used to provide public transportation, garbage trucks, fire trucks or ambulances; or
(D) New or unused construction equipment.
(b) The purchasing agent of the local governmental unit shall solicit bids by public notice inserted at least once in a newspaper of countywide circulation five (5) calendar days prior to the first day bids can be submitted. If the county in question has no newspaper with countywide circulation, the purchasing agent shall post notices on a public bulletin board in the county courthouse. The purchasing agent may also solicit bid requests by mail to prospective bidders or by distributing invitations to bid electronically via email or by posting on the entity's website. All invitations to bid shall include a general description of the goods or services to be purchased and information related to the time and place of opening bids.
(c) In order to assure the fullest possible participation of small businesses and minority-owned businesses, a local governmental unit shall provide a mechanism either through the local governmental unit itself or through a third party, if a third party source is utilized to conduct the reverse auction, to facilitate participation of small and minority-owned businesses in a reverse auction.
(d) All bid responses received shall be made available publicly at the time and place identified in the invitation to bid. An award shall be made to the offeror determined to be the lowest responsible and responsive bidder at the close of the specified bid period. Each bid, with the name and address of the bidder, shall be recorded and the names of the bidders, the amounts of their bids and the name of the successful bidder shall, after the award, be open to public inspection. All bids should be preserved for a period of sixty (60) months.
(e) (1) Prior to the initial utilization of a reverse auction, the local governmental unit shall file a plan with the comptroller of the treasury. The plan shall indicate the technology to be utilized, whether a third party source will be utilized to conduct a reverse auction or auctions, a description of policies and procedures related to the implementation of the reverse auction process and documentation of internal controls that will ensure the integrity of the process. (2) The plan shall also indicate whether such a process will be implemented within the existing operating resources of the local governmental unit or indicate prior approval of the governing body of the local governmental unit if additional operating resources are needed.
(1) Prior to the initial utilization of a reverse auction, the local governmental unit shall file a plan with the comptroller of the treasury. The plan shall indicate the technology to be utilized, whether a third party source will be utilized to conduct a reverse auction or auctions, a description of policies and procedures related to the implementation of the reverse auction process and documentation of internal controls that will ensure the integrity of the process.
(2) The plan shall also indicate whether such a process will be implemented within the existing operating resources of the local governmental unit or indicate prior approval of the governing body of the local governmental unit if additional operating resources are needed.
Amended by 2024 Tenn. Acts, ch. 513,s 12, eff. 3/1/2024.
Added by 2013 Tenn. Acts, ch. 403, s 70, eff. 7/1/2013.
Tenn. Code Ann. § 12-12-112 — TN Code / Title 12 / Chapter 12 / Section 12-12-112
Chapter inapplicable to investments involving Tennessee consolidated retirement system
Status: in_force

This chapter shall not apply to investments made by the state treasurer or board of trustees involving the Tennessee consolidated retirement system. Added by 2016 Tenn. Acts, ch. 817,s 1, eff. 7/1/2016.
This chapter shall not apply to investments made by the state treasurer or board of trustees involving the Tennessee consolidated retirement system.
Added by 2016 Tenn. Acts, ch. 817,s 1, eff. 7/1/2016.
Tenn. Code Ann. § 12-1-110 — TN Code / Title 12 / Chapter 1 / Section 12-1-110
Joint purchase of art
Status: in_force

(a) Any state agency authorized to purchase a work of art is authorized to enter into contracts with a private or public foundation to jointly purchase a work of art as defined in § 47-25-1002 . Such contracts shall be entered into in accordance with state purchasing statutes and regulations. (b) Such contracts, to be mutually agreed upon, shall provide that neither party may dispose of its partial ownership without the consent of the other, and shall set forth in detail the proportion of ownership of each party, the alternation of custody of the work of art, provision for conservation treatment, if needed, provision for transport between the parties, and the conditions of display and care to be observed while the work of art is in the control of each party. (c) No such contract shall be binding on the state agency until it is reviewed and approved by the office of the attorney general and reporter as to its legality for new purchases. (d) Nothing in this section shall be construed to apply to property already owned by the state, nor shall it impair the obligation of state agencies to dispose of their ownership or part ownership in property in accordance with applicable state statutes and regulations governing disposal of state property. Acts 1988, ch. 598, § 1.
(a) Any state agency authorized to purchase a work of art is authorized to enter into contracts with a private or public foundation to jointly purchase a work of art as defined in § 47-25-1002 . Such contracts shall be entered into in accordance with state purchasing statutes and regulations.
(b) Such contracts, to be mutually agreed upon, shall provide that neither party may dispose of its partial ownership without the consent of the other, and shall set forth in detail the proportion of ownership of each party, the alternation of custody of the work of art, provision for conservation treatment, if needed, provision for transport between the parties, and the conditions of display and care to be observed while the work of art is in the control of each party.
(c) No such contract shall be binding on the state agency until it is reviewed and approved by the office of the attorney general and reporter as to its legality for new purchases.
(d) Nothing in this section shall be construed to apply to property already owned by the state, nor shall it impair the obligation of state agencies to dispose of their ownership or part ownership in property in accordance with applicable state statutes and regulations governing disposal of state property.
Acts 1988, ch. 598, § 1.
Tenn. Code Ann. § 12-4-1007 — TN Code / Title 12 / Chapter 4 / Section 12-4-1007
Procedure for obtaining policies - Reporting
Status: in_force

(a) (1) The policy or policies of insurance provided in this part shall be obtained by the state treasurer subject to the approval of the board of claims. Notwithstanding the Surplus Lines Insurance Act, compiled in title 56, chapter 14, or any other law to the contrary, the state treasurer, with the approval of the board of claims, shall consider proposals from admitted carriers and nonadmitted surplus lines carriers. In order for nonadmitted carriers to be eligible for consideration under this section, at least two (2) admitted carriers must have declined to submit a proposal, and the nonadmitted carriers shall: (A) Have a minimum A.M. Best financial strength rating of "A-" and an A.M. Best financial size category of no less than "VI", or such other A.M. Best rating as may be established by the board of claims provided that the financial strength rating shall not be less than "A-" and the A.M. Best financial size category shall not be less than "VI"; and (B) Be a member of an insurance holding company system, as defined in § 56-11-101(b) , that has at least one (1) affiliate carrier admitted in this state as a property or casualty insurer. (2) Should A.M. Best change or amend its rating methodology, then the board of claims shall adopt a minimum rating requirement that is equivalent to the rating as stated in subdivision (a)(1)(A). The state treasurer shall place the insurance directly with the companies without policies being countersigned notwithstanding § 56-2-409 . (b) The state treasurer shall make periodic reports to the fiscal review committee of the general assembly and to the state building commission concerning the operations of the insurance program. Added by 2013 Tenn. Acts, ch. 403,s 82, eff. 7/1/2013.
(a) (1) The policy or policies of insurance provided in this part shall be obtained by the state treasurer subject to the approval of the board of claims. Notwithstanding the Surplus Lines Insurance Act, compiled in title 56, chapter 14, or any other law to the contrary, the state treasurer, with the approval of the board of claims, shall consider proposals from admitted carriers and nonadmitted surplus lines carriers. In order for nonadmitted carriers to be eligible for consideration under this section, at least two (2) admitted carriers must have declined to submit a proposal, and the nonadmitted carriers shall: (A) Have a minimum A.M. Best financial strength rating of "A-" and an A.M. Best financial size category of no less than "VI", or such other A.M. Best rating as may be established by the board of claims provided that the financial strength rating shall not be less than "A-" and the A.M. Best financial size category shall not be less than "VI"; and (B) Be a member of an insurance holding company system, as defined in § 56-11-101(b) , that has at least one (1) affiliate carrier admitted in this state as a property or casualty insurer. (2) Should A.M. Best change or amend its rating methodology, then the board of claims shall adopt a minimum rating requirement that is equivalent to the rating as stated in subdivision (a)(1)(A). The state treasurer shall place the insurance directly with the companies without policies being countersigned notwithstanding § 56-2-409 .
(1) The policy or policies of insurance provided in this part shall be obtained by the state treasurer subject to the approval of the board of claims. Notwithstanding the Surplus Lines Insurance Act, compiled in title 56, chapter 14, or any other law to the contrary, the state treasurer, with the approval of the board of claims, shall consider proposals from admitted carriers and nonadmitted surplus lines carriers. In order for nonadmitted carriers to be eligible for consideration under this section, at least two (2) admitted carriers must have declined to submit a proposal, and the nonadmitted carriers shall: (A) Have a minimum A.M. Best financial strength rating of "A-" and an A.M. Best financial size category of no less than "VI", or such other A.M. Best rating as may be established by the board of claims provided that the financial strength rating shall not be less than "A-" and the A.M. Best financial size category shall not be less than "VI"; and (B) Be a member of an insurance holding company system, as defined in § 56-11-101(b) , that has at least one (1) affiliate carrier admitted in this state as a property or casualty insurer.
(A) Have a minimum A.M. Best financial strength rating of "A-" and an A.M. Best financial size category of no less than "VI", or such other A.M. Best rating as may be established by the board of claims provided that the financial strength rating shall not be less than "A-" and the A.M. Best financial size category shall not be less than "VI"; and
(B) Be a member of an insurance holding company system, as defined in § 56-11-101(b) , that has at least one (1) affiliate carrier admitted in this state as a property or casualty insurer.
(2) Should A.M. Best change or amend its rating methodology, then the board of claims shall adopt a minimum rating requirement that is equivalent to the rating as stated in subdivision (a)(1)(A). The state treasurer shall place the insurance directly with the companies without policies being countersigned notwithstanding § 56-2-409 .
(b) The state treasurer shall make periodic reports to the fiscal review committee of the general assembly and to the state building commission concerning the operations of the insurance program.
Added by 2013 Tenn. Acts, ch. 403,s 82, eff. 7/1/2013.
Tenn. Code Ann. § 12-3-801 — TN Code / Title 12 / Chapter 3 / Section 12-3-801
Specifications and scopes of work to permit open and competitive soliciting
Status: in_force

Whenever possible, all procurement specifications and scopes of work for goods and services to be purchased by the central procurement office or state agencies shall be worded or designed to permit open and competitive soliciting for the supplying of the goods or services to which they apply and all proprietary specifications and scopes of work shall be developed in accordance with rules of the central procurement office approved by the procurement commission. Amended by 2013 Tenn. Acts, ch. 403,s 41, eff. 7/1/2013. Acts 1980, ch. 888, § 2; T.C.A., § 12-3-601 ; Acts 1988, ch. 818, § 1; 2004, ch. 569, § 1.
Whenever possible, all procurement specifications and scopes of work for goods and services to be purchased by the central procurement office or state agencies shall be worded or designed to permit open and competitive soliciting for the supplying of the goods or services to which they apply and all proprietary specifications and scopes of work shall be developed in accordance with rules of the central procurement office approved by the procurement commission.
Amended by 2013 Tenn. Acts, ch. 403,s 41, eff. 7/1/2013.
Acts 1980, ch. 888, § 2; T.C.A., § 12-3-601 ; Acts 1988, ch. 818, § 1; 2004, ch. 569, § 1.
Tenn. Code Ann. § 12-3-602 — TN Code / Title 12 / Chapter 3 / Section 12-3-602
Right to inspect plant or place of business and audit books and records
Status: in_force

(a) The state may, at reasonable times, and subject to regulation of the procurement commission, inspect the part of the plant or place of business of a contractor or any subcontractor which is related to the performance of any contract awarded or to be awarded by the state. (b) The state may, at reasonable times and places, audit the books and records of any person who has submitted cost or pricing data to the extent that such books and records relate to such cost or pricing data. Any person who receives a contract, change order, or contract modification for which cost or pricing data are required, shall maintain such books and records that relate to such cost or pricing data for five (5) years from the date of final payment under the contract, unless a shorter period is otherwise authorized in writing. (c) The state shall be entitled to audit the books and records of a contractor or any subcontractor under any contract or subcontract other than a firm fixed-price contract, to the extent that such books and records relate to the performance of such contract or subcontract. Such books and records shall be maintained by the contractor for a period of five (5) years from the date of final payment under the prime contract and by the subcontractor for a period of five (5) years from the date of final payment under the subcontract, unless a shorter period is otherwise authorized in writing. All contracts after July 1, 2024, shall include a provision with this statutory requirement and the provision cannot be amended or removed without the written consent of the comptroller of the treasury. Amended by 2024 Tenn. Acts, ch. 576,s 3, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 576,s 2, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 576,s 1, eff. 7/1/2024. Amended by 2013 Tenn. Acts, ch. 403, s 36, eff. 7/1/2013. Acts 1978, ch. 655, § 2; T.C.A., §§ 12-1102, 12-3-302.
(a) The state may, at reasonable times, and subject to regulation of the procurement commission, inspect the part of the plant or place of business of a contractor or any subcontractor which is related to the performance of any contract awarded or to be awarded by the state.
(b) The state may, at reasonable times and places, audit the books and records of any person who has submitted cost or pricing data to the extent that such books and records relate to such cost or pricing data. Any person who receives a contract, change order, or contract modification for which cost or pricing data are required, shall maintain such books and records that relate to such cost or pricing data for five (5) years from the date of final payment under the contract, unless a shorter period is otherwise authorized in writing.
(c) The state shall be entitled to audit the books and records of a contractor or any subcontractor under any contract or subcontract other than a firm fixed-price contract, to the extent that such books and records relate to the performance of such contract or subcontract. Such books and records shall be maintained by the contractor for a period of five (5) years from the date of final payment under the prime contract and by the subcontractor for a period of five (5) years from the date of final payment under the subcontract, unless a shorter period is otherwise authorized in writing. All contracts after July 1, 2024, shall include a provision with this statutory requirement and the provision cannot be amended or removed without the written consent of the comptroller of the treasury.
Amended by 2024 Tenn. Acts, ch. 576,s 3, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 576,s 2, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 576,s 1, eff. 7/1/2024.
Amended by 2013 Tenn. Acts, ch. 403, s 36, eff. 7/1/2013.
Acts 1978, ch. 655, § 2; T.C.A., §§ 12-1102, 12-3-302.
Tenn. Code Ann. § 12-12-107 — TN Code / Title 12 / Chapter 12 / Section 12-12-107
Right to contract with state on case-by-case basis
Status: in_force

Notwithstanding § 12-12-106 , a person engaged in investment activities in Iran as described in § 12-12-105 , may contract with the state, on a case-by-case basis, if: (1) The investment activities in Iran were made before July 1, 2016, the investment activities in Iran have not been expanded or renewed after July 1, 2016, and the person has adopted, publicized, and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or (2) The state agency makes a determination that the commodities or services are necessary to perform its functions and that, absent such an exemption, the state agency would be unable to obtain the commodities or services for which the contract is offered. Such determination shall be entered into the procurement record. Added by 2016 Tenn. Acts, ch. 817,s 1, eff. 7/1/2016.
Notwithstanding § 12-12-106 , a person engaged in investment activities in Iran as described in § 12-12-105 , may contract with the state, on a case-by-case basis, if:
(1) The investment activities in Iran were made before July 1, 2016, the investment activities in Iran have not been expanded or renewed after July 1, 2016, and the person has adopted, publicized, and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or
(2) The state agency makes a determination that the commodities or services are necessary to perform its functions and that, absent such an exemption, the state agency would be unable to obtain the commodities or services for which the contract is offered. Such determination shall be entered into the procurement record.
Added by 2016 Tenn. Acts, ch. 817,s 1, eff. 7/1/2016.
Tenn. Code Ann. § 12-8-102 — TN Code / Title 12 / Chapter 8 / Section 12-8-102
Penalty - Injunctive relief
Status: in_force

Any state, county, or municipal officer violating this chapter, or knowingly permitting any provision of such chapter to be violated, commits a Class C misdemeanor. In addition to such penalty, injunctive relief may be had against a violator of this chapter by petition addressed to the chancellor of the judicial district in which such violation is alleged to have taken place. Acts 1955, ch. 96, § 2; 1976, ch. 767, § 2; T.C.A., § 12-702; Acts 1989, ch. 591, § 113.
Any state, county, or municipal officer violating this chapter, or knowingly permitting any provision of such chapter to be violated, commits a Class C misdemeanor. In addition to such penalty, injunctive relief may be had against a violator of this chapter by petition addressed to the chancellor of the judicial district in which such violation is alleged to have taken place.
Acts 1955, ch. 96, § 2; 1976, ch. 767, § 2; T.C.A., § 12-702; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 12-7-205 — TN Code / Title 12 / Chapter 7 / Section 12-7-205
Rules and regulations
Status: in_force

The commissioner of general services is authorized to promulgate rules and regulations to effectuate the purposes of this part. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 1995, ch. 114, § 6; 2008, ch. 1120, § 5.
The commissioner of general services is authorized to promulgate rules and regulations to effectuate the purposes of this part. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1995, ch. 114, § 6; 2008, ch. 1120, § 5.
Tenn. Code Ann. § 12-3-1103 — TN Code / Title 12 / Chapter 3 / Section 12-3-1103
Criteria and standards for eligibility
Status: in_force

(a) The procurement commission is authorized to adopt rules and regulations establishing criteria and standards for minority-owned businesses, woman-owned businesses, service-disabled veteran-owned businesses, businesses owned by persons with disabilities, and small businesses that are eligible to be included under this part. The rules and regulations must include methods by which eligibility can be verified and the business deemed certified. (b) Such criteria and standards for eligibility shall include, but not be limited to, the number of employees, the total gross receipts or annual sales volume, including ownership and control. (c) The maximum number of employees and the maximum dollar value of a small business under such rules and regulations may vary from industry to industry to the extent necessary to reflect the differing characteristics of any relevant factors of each particular industry. (d) The governor's office of diversity business enterprises shall implement and administer a certification program and publish a directory of businesses certified as small businesses and diversity business enterprises. (e) Any business desiring to be certified as a small business or diversity business enterprise shall make application to the governor's office of diversity business enterprises on an application as prescribed by such office. Amended by 2017 Tenn. Acts, ch. 485,Secs.s6, s7 eff. 6/6/2017. Amended by 2013 Tenn. Acts, ch. 403,s 66, eff. 7/1/2013. Repealed by 2013 Tenn. Acts, ch. 272,s 1, eff. 4/25/2013. 2013 Tenn. Acts, ch. 403 reenacted this section, which was also repealed by 2013 Tenn. Acts, ch. 272. The reenacted version is set out above. . Acts 1999, ch. 382, § 5.
(a) The procurement commission is authorized to adopt rules and regulations establishing criteria and standards for minority-owned businesses, woman-owned businesses, service-disabled veteran-owned businesses, businesses owned by persons with disabilities, and small businesses that are eligible to be included under this part. The rules and regulations must include methods by which eligibility can be verified and the business deemed certified.
(b) Such criteria and standards for eligibility shall include, but not be limited to, the number of employees, the total gross receipts or annual sales volume, including ownership and control.
(c) The maximum number of employees and the maximum dollar value of a small business under such rules and regulations may vary from industry to industry to the extent necessary to reflect the differing characteristics of any relevant factors of each particular industry.
(d) The governor's office of diversity business enterprises shall implement and administer a certification program and publish a directory of businesses certified as small businesses and diversity business enterprises.
(e) Any business desiring to be certified as a small business or diversity business enterprise shall make application to the governor's office of diversity business enterprises on an application as prescribed by such office.
Amended by 2017 Tenn. Acts, ch. 485,Secs.s6, s7 eff. 6/6/2017.
Amended by 2013 Tenn. Acts, ch. 403,s 66, eff. 7/1/2013.
Repealed by 2013 Tenn. Acts, ch. 272,s 1, eff. 4/25/2013.
2013 Tenn. Acts, ch. 403 reenacted this section, which was also repealed by 2013 Tenn. Acts, ch. 272. The reenacted version is set out above. .
Acts 1999, ch. 382, § 5.
Tenn. Code Ann. § 12-6-108 — TN Code / Title 12 / Chapter 6 / Section 12-6-108
Printed copy of acts for members of the general assembly - Written request requirements
Status: in_force

Each member of the general assembly is entitled to one (1) copy of the printed acts of the general assembly of which the person was a member, which must be delivered to the member's legislative office in Nashville, but only upon written request to the secretary of state by the member not later than February 1 of each year. Amended by 2019 Tenn. Acts, ch. 8, s 3, eff. 3/13/2019. Acts 1917, ch. 42, § 4; Shan. Supp., § 1387a11; Code 1932, §2287; T.C.A. (orig. ed.), § 12-608.
Each member of the general assembly is entitled to one (1) copy of the printed acts of the general assembly of which the person was a member, which must be delivered to the member's legislative office in Nashville, but only upon written request to the secretary of state by the member not later than February 1 of each year.
Amended by 2019 Tenn. Acts, ch. 8, s 3, eff. 3/13/2019.
Acts 1917, ch. 42, § 4; Shan. Supp., § 1387a11; Code 1932, §2287; T.C.A. (orig. ed.), § 12-608.
Tenn. Code Ann. § 12-7-102 — TN Code / Title 12 / Chapter 7 / Section 12-7-102
Duties of commissioner of general services
Status: in_force

(a) It is the duty of the commissioner of general services to establish rules and regulations to control the costs and quantity of all publications, and to promulgate rules and regulations governing the printing and distribution of state agency reports and publications issued by agencies and departments of the government of this state, excluding institutions of higher education, the judicial branch of state government and those state institutions and facilities exempted from public purchase laws in § 12-3-103 . For purposes of this part, rules of the publications committee in existence on May 1, 2008, shall be deemed rules of the commissioner of general services. (b) The rules and regulations on distribution shall include a provision stipulating that there shall be no automatic distribution of reports or publications, except the distribution provided for in chapter 6 of this title, or otherwise by law or resolution enacted after May 25, 1984, but that all distributions must either be approved in general by the commissioner of general services or be made upon request by the recipient. (c) It also is the duty of the commissioner of general services to establish a procedure for reviewing all publications as defined in subsection (e), and to approve or disapprove the printing of existing publications and planned publications that come under this part. (d) The commissioner of general services shall determine the need for existing and planned publications based upon the agency's goals and purpose or statutory requirements, and the quantity and distribution of each approved publication. (e) "Publications" includes any newsletter, stationery, greeting card, report or printed material produced for distribution outside the department or agency for which the report or printed material is printed, including those printed at facilities not operated by the state. (f) The commissioner of general services may appoint a designee to fulfill the responsibilities laid out in this section. Acts 1976, ch. 694, § 2; T.C.A., § 12-1002; Acts 1980, ch. 742, §§ 1, 2; 1982, ch. 563, § 4; 1984, ch. 798, § 5; 1990, ch. 1024, §§ 2, 3; 2008, ch. 1120, § 2.
(a) It is the duty of the commissioner of general services to establish rules and regulations to control the costs and quantity of all publications, and to promulgate rules and regulations governing the printing and distribution of state agency reports and publications issued by agencies and departments of the government of this state, excluding institutions of higher education, the judicial branch of state government and those state institutions and facilities exempted from public purchase laws in § 12-3-103 . For purposes of this part, rules of the publications committee in existence on May 1, 2008, shall be deemed rules of the commissioner of general services.
(b) The rules and regulations on distribution shall include a provision stipulating that there shall be no automatic distribution of reports or publications, except the distribution provided for in chapter 6 of this title, or otherwise by law or resolution enacted after May 25, 1984, but that all distributions must either be approved in general by the commissioner of general services or be made upon request by the recipient.
(c) It also is the duty of the commissioner of general services to establish a procedure for reviewing all publications as defined in subsection (e), and to approve or disapprove the printing of existing publications and planned publications that come under this part.
(d) The commissioner of general services shall determine the need for existing and planned publications based upon the agency's goals and purpose or statutory requirements, and the quantity and distribution of each approved publication.
(e) "Publications" includes any newsletter, stationery, greeting card, report or printed material produced for distribution outside the department or agency for which the report or printed material is printed, including those printed at facilities not operated by the state.
(f) The commissioner of general services may appoint a designee to fulfill the responsibilities laid out in this section.
Acts 1976, ch. 694, § 2; T.C.A., § 12-1002; Acts 1980, ch. 742, §§ 1, 2; 1982, ch. 563, § 4; 1984, ch. 798, § 5; 1990, ch. 1024, §§ 2, 3; 2008, ch. 1120, § 2.
Tenn. Code Ann. § 12-4-110 — TN Code / Title 12 / Chapter 4 / Section 12-4-110
Energy-related services
Status: in_force

Contracts by counties, cities, metropolitan governments, towns, utility districts and other municipal and public corporations of this state for energy-related services that include both engineering services and equipment, and have as their purpose the reduction of energy costs in public facilities, shall be awarded on the same basis as contracts for professional services. Amended by 2013 Tenn. Acts, ch. 403,s 78, eff. 7/1/2013. Impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1976, ch. 601, §§ 4, 5; T.C.A. (orig. ed.), § 12-451; Acts 1980, ch. 845, §§ 2, 3; 1982, ch. 813, § 1; 1983, ch. 115, § 4; 1984, ch. 770, § 2; 1989, ch. 405, § 1; 2000, ch. 924, § 10; 2010, ch. 1098, § 3; 2011, ch. 295, § 5; 2012, ch. 625, § 5.
Contracts by counties, cities, metropolitan governments, towns, utility districts and other municipal and public corporations of this state for energy-related services that include both engineering services and equipment, and have as their purpose the reduction of energy costs in public facilities, shall be awarded on the same basis as contracts for professional services.
Amended by 2013 Tenn. Acts, ch. 403,s 78, eff. 7/1/2013.
Impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1976, ch. 601, §§ 4, 5; T.C.A. (orig. ed.), § 12-451; Acts 1980, ch. 845, §§ 2, 3; 1982, ch. 813, § 1; 1983, ch. 115, § 4; 1984, ch. 770, § 2; 1989, ch. 405, § 1; 2000, ch. 924, § 10; 2010, ch. 1098, § 3; 2011, ch. 295, § 5; 2012, ch. 625, § 5.
Tenn. Code Ann. § 12-1-108 — TN Code / Title 12 / Chapter 1 / Section 12-1-108
Condemnation request
Status: in_force

In the event it becomes necessary to condemn the land, the commissioner and the governor shall request the attorney general and reporter in writing to file the proper condemnation proceedings, which shall be under the general laws relating to the acquisition of land for public purposes by condemnation, authority being granted for that purpose. Acts 1943, ch. 89, § 1; mod. C. Supp. 1950, § 3166.1; T.C.A. (orig. ed.), § 12-108.
In the event it becomes necessary to condemn the land, the commissioner and the governor shall request the attorney general and reporter in writing to file the proper condemnation proceedings, which shall be under the general laws relating to the acquisition of land for public purposes by condemnation, authority being granted for that purpose.
Acts 1943, ch. 89, § 1; mod. C. Supp. 1950, § 3166.1; T.C.A. (orig. ed.), § 12-108.
Tenn. Code Ann. § 12-4-1003 — TN Code / Title 12 / Chapter 4 / Section 12-4-1003
State employees and agents - Insurance sales to state prohibited
Status: in_force

All officers, officials, agents or employees of the state and its divisions, departments and agencies are prohibited from bidding, selling or contracting to sell any policy of insurance to the state or its divisions, departments and agencies. Added by 2013 Tenn. Acts, ch. 403,s 82, eff. 7/1/2013.
All officers, officials, agents or employees of the state and its divisions, departments and agencies are prohibited from bidding, selling or contracting to sell any policy of insurance to the state or its divisions, departments and agencies.
Added by 2013 Tenn. Acts, ch. 403,s 82, eff. 7/1/2013.
Tenn. Code Ann. § 12-3-306 — TN Code / Title 12 / Chapter 3 / Section 12-3-306
Registration with the department of revenue to collect and remit sales and use taxes - Development of procedures for compliance
Status: in_force

(a) A state governmental entity shall not contract to acquire goods or services, and no person may contract to supply goods or services to a state governmental entity, unless, prior to, or contemporaneous with, entering into the contract, the person contracting to supply goods or services and its affiliates register with the department of revenue to collect and remit the sales and use tax levied by the Retailers' Sales Tax Act, compiled in title 67, chapter 6. Nothing in this section shall require a person or affiliate to register if the person or affiliate does not make sales to customers in the state of tangible personal property or services, which if the sales occurred wholly within the state, would be taxable under title 67, chapter 6. This section is specifically applicable to foreign persons, notwithstanding the fact that such foreign persons or their affiliates may not otherwise be legally obligated to collect and remit such tax. (b) For purposes of this section: (1) "Affiliates" means each and every affiliate of the person contracting with the state or other state entities, as the term "affiliate" is defined in § 48-103-102 ; (2) "Other state entities" has the same meaning as in § 12-4-601 ; and (3) "Person" or "persons" has the same meaning as in § 67-6-102 . (c) The commissioner of revenue and the chief procurement officer shall develop procedures for compliance with this section with approval by the procurement commission. Amended by 2013 Tenn. Acts, ch. 403,s 18, eff. 7/1/2013.
(a) A state governmental entity shall not contract to acquire goods or services, and no person may contract to supply goods or services to a state governmental entity, unless, prior to, or contemporaneous with, entering into the contract, the person contracting to supply goods or services and its affiliates register with the department of revenue to collect and remit the sales and use tax levied by the Retailers' Sales Tax Act, compiled in title 67, chapter 6. Nothing in this section shall require a person or affiliate to register if the person or affiliate does not make sales to customers in the state of tangible personal property or services, which if the sales occurred wholly within the state, would be taxable under title 67, chapter 6. This section is specifically applicable to foreign persons, notwithstanding the fact that such foreign persons or their affiliates may not otherwise be legally obligated to collect and remit such tax.
(b) For purposes of this section: (1) "Affiliates" means each and every affiliate of the person contracting with the state or other state entities, as the term "affiliate" is defined in § 48-103-102 ; (2) "Other state entities" has the same meaning as in § 12-4-601 ; and (3) "Person" or "persons" has the same meaning as in § 67-6-102 .
(1) "Affiliates" means each and every affiliate of the person contracting with the state or other state entities, as the term "affiliate" is defined in § 48-103-102 ;
(2) "Other state entities" has the same meaning as in § 12-4-601 ; and
(3) "Person" or "persons" has the same meaning as in § 67-6-102 .
(c) The commissioner of revenue and the chief procurement officer shall develop procedures for compliance with this section with approval by the procurement commission.
Amended by 2013 Tenn. Acts, ch. 403,s 18, eff. 7/1/2013.
Tenn. Code Ann. § 12-2-208 — TN Code / Title 12 / Chapter 2 / Section 12-2-208
Purchase by officer unlawful - Penalty for violation
Status: in_force

(a) (1) Except as provided in subsection (b), it is hereby declared unlawful for any state, city or county officer, employee or such officer's or employee's agent to buy or offer to buy any of the property to be sold hereunder except by bid at public auction during the tenure of such person's office or employment, or for six (6) months thereafter. (2) Any such person violating or attempting to violate this subsection (a) or subsection (b) shall be dismissed and discharged from such person's respective job or position, and shall forfeit any pay or compensation which might be due such person. In addition thereto, any such sale is hereby expressly declared null and void, and such person shall, in addition, forfeit all right and title in the property. (3) A violation of this section is a Class C misdemeanor. (b) Notwithstanding subdivision (a)(1), it is declared unlawful for any state, city or county officer, employee or such officer's or employee's agent directly or indirectly involved in the confiscation of such property to buy or offer to buy any of the property to be sold hereunder. It is further declared unlawful for officers and employees designated by the procurement office, in accordance with applicable regulations of the procurement commission, to buy or offer to buy any of the property to be sold hereunder. Acts 1959, ch. 303, § 3; T.C.A., § 12-226; Acts 1989, ch. 591, § 113; 1998, ch. 1043, § 1; 2011, ch. 295, § 9(f).
(a) (1) Except as provided in subsection (b), it is hereby declared unlawful for any state, city or county officer, employee or such officer's or employee's agent to buy or offer to buy any of the property to be sold hereunder except by bid at public auction during the tenure of such person's office or employment, or for six (6) months thereafter. (2) Any such person violating or attempting to violate this subsection (a) or subsection (b) shall be dismissed and discharged from such person's respective job or position, and shall forfeit any pay or compensation which might be due such person. In addition thereto, any such sale is hereby expressly declared null and void, and such person shall, in addition, forfeit all right and title in the property. (3) A violation of this section is a Class C misdemeanor.
(1) Except as provided in subsection (b), it is hereby declared unlawful for any state, city or county officer, employee or such officer's or employee's agent to buy or offer to buy any of the property to be sold hereunder except by bid at public auction during the tenure of such person's office or employment, or for six (6) months thereafter.
(2) Any such person violating or attempting to violate this subsection (a) or subsection (b) shall be dismissed and discharged from such person's respective job or position, and shall forfeit any pay or compensation which might be due such person. In addition thereto, any such sale is hereby expressly declared null and void, and such person shall, in addition, forfeit all right and title in the property.
(3) A violation of this section is a Class C misdemeanor.
(b) Notwithstanding subdivision (a)(1), it is declared unlawful for any state, city or county officer, employee or such officer's or employee's agent directly or indirectly involved in the confiscation of such property to buy or offer to buy any of the property to be sold hereunder. It is further declared unlawful for officers and employees designated by the procurement office, in accordance with applicable regulations of the procurement commission, to buy or offer to buy any of the property to be sold hereunder.
Acts 1959, ch. 303, § 3; T.C.A., § 12-226; Acts 1989, ch. 591, § 113; 1998, ch. 1043, § 1; 2011, ch. 295, § 9(f).
Tenn. Code Ann. § 12-3-505 — TN Code / Title 12 / Chapter 3 / Section 12-3-505
Emergency purchases
Status: in_force

The chief procurement officer is authorized to purchase for a state governmental entity in the open market specific goods or services for immediate delivery to meet emergencies arising from any unforeseen cause, including, but not limited to, delays by contractors, delays in transportation, unanticipated volume of work, and acts of God. The chief procurement officer may delegate this authority to any state agency; provided, that a report on the circumstances of any such emergency and the actions taken by such state agency as a result of the emergency shall be transmitted in writing as soon as possible by such state agency to the chief procurement officer. The report shall set forth the prices at which goods and services were purchased and the total amount of the purchase. The chief procurement officer shall keep each report on file in the permanent records of the central procurement office. All emergency purchases shall be posted on the single public internet website in such form as prescribed by the procurement commission. All emergency purchases shall, if practicable, be made on the basis of competitive procurement. Amended by 2013 Tenn. Acts, ch. 403,s 24, eff. 7/1/2013. Acts 1953, ch. 163, § 6 (Williams, § 370.15); 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.), §§ 12-308, 12-3-208; Acts 1981, ch. 332, § 6.
The chief procurement officer is authorized to purchase for a state governmental entity in the open market specific goods or services for immediate delivery to meet emergencies arising from any unforeseen cause, including, but not limited to, delays by contractors, delays in transportation, unanticipated volume of work, and acts of God. The chief procurement officer may delegate this authority to any state agency; provided, that a report on the circumstances of any such emergency and the actions taken by such state agency as a result of the emergency shall be transmitted in writing as soon as possible by such state agency to the chief procurement officer. The report shall set forth the prices at which goods and services were purchased and the total amount of the purchase. The chief procurement officer shall keep each report on file in the permanent records of the central procurement office. All emergency purchases shall be posted on the single public internet website in such form as prescribed by the procurement commission. All emergency purchases shall, if practicable, be made on the basis of competitive procurement.
Amended by 2013 Tenn. Acts, ch. 403,s 24, eff. 7/1/2013.
Acts 1953, ch. 163, § 6 (Williams, § 370.15); 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.), §§ 12-308, 12-3-208; Acts 1981, ch. 332, § 6.
Tenn. Code Ann. § 12-3-805 — TN Code / Title 12 / Chapter 3 / Section 12-3-805
Requisition of goods and services for which no standard adopted
Status: in_force

Whenever any department, institution, or agency of state government requisitions any goods or services for which a standard specification has not been adopted and approved, it shall be accompanied by or contain a recommended specification for such goods or services. Amended by 2013 Tenn. Acts, ch. 403,s 45, eff. 7/1/2013. Acts 1980, ch. 888, § 7; T.C.A., § 12-3-605 ; Acts 1988, ch. 818, § 5; 2004, ch. 569, § 1; 2010, ch. 1140, § 5.
Whenever any department, institution, or agency of state government requisitions any goods or services for which a standard specification has not been adopted and approved, it shall be accompanied by or contain a recommended specification for such goods or services.
Amended by 2013 Tenn. Acts, ch. 403,s 45, eff. 7/1/2013.
Acts 1980, ch. 888, § 7; T.C.A., § 12-3-605 ; Acts 1988, ch. 818, § 5; 2004, ch. 569, § 1; 2010, ch. 1140, § 5.
Tenn. Code Ann. § 12-1-203 — TN Code / Title 12 / Chapter 1 / Section 12-1-203
Guidelines for avoiding unconstitutional takings
Status: in_force

The attorney general and reporter shall develop and submit to the secretary of state for publication in the Tennessee administrative register guidelines to assist in the identification and evaluation of government actions that may result in unconstitutional taking. The attorney general and reporter shall base the guidelines on current law as articulated by the United States supreme court and the supreme court of Tennessee, and shall update the guidelines at least on an annual basis to take account of changes in the law. Nothing in the guidelines shall be construed either to enlarge or to reduce the scope of private property protection afforded by the constitution of the United States or Tennessee. Furthermore, in reviewing rules in the process of promulgation, the attorney general and reporter shall not approve rules that would effect an unconstitutional taking. Acts 1994, ch. 924, § 4.
The attorney general and reporter shall develop and submit to the secretary of state for publication in the Tennessee administrative register guidelines to assist in the identification and evaluation of government actions that may result in unconstitutional taking. The attorney general and reporter shall base the guidelines on current law as articulated by the United States supreme court and the supreme court of Tennessee, and shall update the guidelines at least on an annual basis to take account of changes in the law. Nothing in the guidelines shall be construed either to enlarge or to reduce the scope of private property protection afforded by the constitution of the United States or Tennessee. Furthermore, in reviewing rules in the process of promulgation, the attorney general and reporter shall not approve rules that would effect an unconstitutional taking.
Acts 1994, ch. 924, § 4.
Tenn. Code Ann. § 12-4-402 — TN Code / Title 12 / Chapter 4 / Section 12-4-402
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Commission" means the prevailing wage commission; (2) "Highway contractor" means any contractor, subcontractor, person, firm, or corporation engaged in a state construction project for the purpose of building, rebuilding, locating, relocating, or repairing any public highway; (3) "Prevailing wage" means the rate of pay as determined according to this part; (4) "Public highway" means any street, road, highway, expressway, bridge, or viaduct, including an adjacent right-of-way, that is constructed or maintained by the state, or any municipality or political subdivision of the state, and that is funded in whole or in part with federal or state highway funds; (5) "State contract" means any contractual agreement, written or oral, entered into by any person, firm or corporation with this state for the performance of work on a state highway construction project; and (6) "State highway construction project" means any construction project for the purpose of building, rebuilding, locating, relocating, or repairing any public highway. Amended by 2015 Tenn. Acts, ch. 68,Secs.s1, s2 eff. 4/6/2015. Amended by 2013 Tenn. Acts, ch. 280,s 2, eff. 1/1/2014. Acts 1975, ch. 368, § 1; T.C.A., § 12-436.
As used in this part, unless the context otherwise requires:
(1) "Commission" means the prevailing wage commission;
(2) "Highway contractor" means any contractor, subcontractor, person, firm, or corporation engaged in a state construction project for the purpose of building, rebuilding, locating, relocating, or repairing any public highway;
(3) "Prevailing wage" means the rate of pay as determined according to this part;
(4) "Public highway" means any street, road, highway, expressway, bridge, or viaduct, including an adjacent right-of-way, that is constructed or maintained by the state, or any municipality or political subdivision of the state, and that is funded in whole or in part with federal or state highway funds;
(5) "State contract" means any contractual agreement, written or oral, entered into by any person, firm or corporation with this state for the performance of work on a state highway construction project; and
(6) "State highway construction project" means any construction project for the purpose of building, rebuilding, locating, relocating, or repairing any public highway.
Amended by 2015 Tenn. Acts, ch. 68,Secs.s1, s2 eff. 4/6/2015.
Amended by 2013 Tenn. Acts, ch. 280,s 2, eff. 1/1/2014.
Acts 1975, ch. 368, § 1; T.C.A., § 12-436.
Tenn. Code Ann. § 12-3-911 — TN Code / Title 12 / Chapter 3 / Section 12-3-911
Adoption of more stringent energy efficiency standards by political subdivisions
Status: in_force

Nothing in this part shall be construed to prohibit the adoption of an energy efficiency standard by a political subdivision when that standard has not been adopted by rules of the procurement commission, or where the standard proposed to be adopted by the political subdivision is more stringent than the standard adopted by the rules of the procurement commission. Added by 2013 Tenn. Acts, ch. 403,s 58, eff. 7/1/2013.
Nothing in this part shall be construed to prohibit the adoption of an energy efficiency standard by a political subdivision when that standard has not been adopted by rules of the procurement commission, or where the standard proposed to be adopted by the political subdivision is more stringent than the standard adopted by the rules of the procurement commission.
Added by 2013 Tenn. Acts, ch. 403,s 58, eff. 7/1/2013.
Tenn. Code Ann. § 12-10-120 — TN Code / Title 12 / Chapter 10 / Section 12-10-120
Joint operation of authorities
Status: in_force

The powers herein conferred upon authorities created under this chapter may be exercised by two (2) or more such authorities acting jointly. Two (2) or more municipalities may by acting jointly incorporate a public building authority to effectuate the purposes of this chapter. When two (2) or more municipalities incorporate such an authority, each and every requisite pertaining to the application for incorporation, qualification of applicants, certificate of incorporation and amendment of certificate shall, as nearly as may be practicable, be incumbent in like manner upon each municipality joining in the creation of such public building authority. Acts 1971, ch. 126, § 20; T.C.A., § 12-920.
The powers herein conferred upon authorities created under this chapter may be exercised by two (2) or more such authorities acting jointly. Two (2) or more municipalities may by acting jointly incorporate a public building authority to effectuate the purposes of this chapter. When two (2) or more municipalities incorporate such an authority, each and every requisite pertaining to the application for incorporation, qualification of applicants, certificate of incorporation and amendment of certificate shall, as nearly as may be practicable, be incumbent in like manner upon each municipality joining in the creation of such public building authority.
Acts 1971, ch. 126, § 20; T.C.A., § 12-920.
Tenn. Code Ann. § 12-10-112 — TN Code / Title 12 / Chapter 10 / Section 12-10-112
Security for bonds - Enforcement - Revision of lease, loan agreement or sales contract charges
Status: in_force

(a) The principal of and interest on any bonds issued by the authority shall be secured by a pledge of the revenues and receipts out of which the same shall be made payable and may be secured by a mortgage or deed of trust covering all or any part of the projects from which the revenues or receipts so pledged may be derived, including any enlargements of and additions to any such projects thereafter made, and by an assignment and pledge of all or any part of the authority's interest in and rights under the leases, sales contracts, or loan agreements relating to such projects, or any part thereof. The proceedings under which the bonds are authorized to be issued and any such mortgage or deed of trust may contain any agreements and provisions respecting the maintenance of the projects covered thereby, the fixing and collection of rents for any portions thereof leased by the authority to others, the creation and maintenance of special funds from such revenues and the rights and remedies available in the event of default, all as the board of directors shall deem advisable and not in conflict with this chapter. Each pledge, agreement, mortgage and deed of trust made for the benefit or security of any of the bonds of the authority shall continue effective until the principal of and interest on the bonds for the benefit of which the same were made shall have been fully paid. In the event of default in such payment or in any agreement of the authority made as a part of the contract under which the bonds were issued, whether contained in the proceedings authorizing the bonds or in any mortgage and deed of trust executed as security therefor, such payment or agreement may be enforced by suit, mandamus, the appointment of a receiver in equity or by foreclosure of any such mortgage and deed of trust, or any one (1) or more of such remedies. (b) The board of directors of any authority issuing bonds under provisions of this chapter shall charge, collect and revise from time to time, whenever necessary, rents and charges for the rental of projects or parts thereof or installment payments under any loan agreement or sales contract with respect thereto, the revenues from which are pledged to the payment of such bonds, sufficient to pay for the operation and maintenance of such projects and such portion of the administrative costs of the authority as may be provided in the lease or leases of such projects or the loan agreement or agreements or the sales contract or contracts with respect thereto, and to pay such bonds and the interest thereon as the same become due, including such reserves as may be determined to be necessary by the board of directors. Acts 1971, ch. 126, § 12; T.C.A., § 12-912; Acts 1982, ch. 902, § 10; 1984, ch. 823, § 6.
(a) The principal of and interest on any bonds issued by the authority shall be secured by a pledge of the revenues and receipts out of which the same shall be made payable and may be secured by a mortgage or deed of trust covering all or any part of the projects from which the revenues or receipts so pledged may be derived, including any enlargements of and additions to any such projects thereafter made, and by an assignment and pledge of all or any part of the authority's interest in and rights under the leases, sales contracts, or loan agreements relating to such projects, or any part thereof. The proceedings under which the bonds are authorized to be issued and any such mortgage or deed of trust may contain any agreements and provisions respecting the maintenance of the projects covered thereby, the fixing and collection of rents for any portions thereof leased by the authority to others, the creation and maintenance of special funds from such revenues and the rights and remedies available in the event of default, all as the board of directors shall deem advisable and not in conflict with this chapter. Each pledge, agreement, mortgage and deed of trust made for the benefit or security of any of the bonds of the authority shall continue effective until the principal of and interest on the bonds for the benefit of which the same were made shall have been fully paid. In the event of default in such payment or in any agreement of the authority made as a part of the contract under which the bonds were issued, whether contained in the proceedings authorizing the bonds or in any mortgage and deed of trust executed as security therefor, such payment or agreement may be enforced by suit, mandamus, the appointment of a receiver in equity or by foreclosure of any such mortgage and deed of trust, or any one (1) or more of such remedies.
(b) The board of directors of any authority issuing bonds under provisions of this chapter shall charge, collect and revise from time to time, whenever necessary, rents and charges for the rental of projects or parts thereof or installment payments under any loan agreement or sales contract with respect thereto, the revenues from which are pledged to the payment of such bonds, sufficient to pay for the operation and maintenance of such projects and such portion of the administrative costs of the authority as may be provided in the lease or leases of such projects or the loan agreement or agreements or the sales contract or contracts with respect thereto, and to pay such bonds and the interest thereon as the same become due, including such reserves as may be determined to be necessary by the board of directors.
Acts 1971, ch. 126, § 12; T.C.A., § 12-912; Acts 1982, ch. 902, § 10; 1984, ch. 823, § 6.
Tenn. Code Ann. § 12-2-405 — TN Code / Title 12 / Chapter 2 / Section 12-2-405
Determination of method of disposal
Status: in_force

(a) If the commissioner approves the declaration of property as surplus, the commissioner shall assign the property designated as surplus to one (1) of the four (4) methods of disposal set forth in this part, in accordance with regulations of the procurement commission. Such assignment and classification shall be duly recorded in writing with appropriate supporting documentation. (b) In classifying surplus property for disposal, the following criteria shall be considered: (1) The character, utility and functionality of the property; (2) The economies of disposal in light of all relevant circumstances attendant the proposed disposal, including the condition and climate of the potential market and present estimated market value of the property, transportation costs, and other cost factors associated with disposal; and (3) Sound fiscal and budgetary policy and practices. Acts 1976, ch. 821, § 5; T.C.A., § 12-239; Acts 2011, ch. 295, §§ 9(a), 19; 2012, ch. 626, § 4.
(a) If the commissioner approves the declaration of property as surplus, the commissioner shall assign the property designated as surplus to one (1) of the four (4) methods of disposal set forth in this part, in accordance with regulations of the procurement commission. Such assignment and classification shall be duly recorded in writing with appropriate supporting documentation.
(b) In classifying surplus property for disposal, the following criteria shall be considered: (1) The character, utility and functionality of the property; (2) The economies of disposal in light of all relevant circumstances attendant the proposed disposal, including the condition and climate of the potential market and present estimated market value of the property, transportation costs, and other cost factors associated with disposal; and (3) Sound fiscal and budgetary policy and practices.
(1) The character, utility and functionality of the property;
(2) The economies of disposal in light of all relevant circumstances attendant the proposed disposal, including the condition and climate of the potential market and present estimated market value of the property, transportation costs, and other cost factors associated with disposal; and
(3) Sound fiscal and budgetary policy and practices.
Acts 1976, ch. 821, § 5; T.C.A., § 12-239; Acts 2011, ch. 295, §§ 9(a), 19; 2012, ch. 626, § 4.
Tenn. Code Ann. § 12-5-101 — TN Code / Title 12 / Chapter 5 / Section 12-5-101
Supervision by department of general services
Status: in_force

The department of general services has entire charge and supervision of all printing done for each and every department or branch of government of the state, including all departmental offices and all charitable, penal, educational or reform institutions. Acts 1915, ch. 45, § 1; Shan., § 1a2; impl. am. Acts 1923, ch. 7, §§ 2, 3, 20; mod. Code 1932, § 29; impl. am. Acts 1937, ch. 33, § 42; impl. am. Acts 1939, ch. 11, § 23; mod. C. Supp. 1950, § 29; impl. am. Acts 1953, ch. 163, § 29; 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.), § 12-502; T.C.A. § 12-5-101 .
The department of general services has entire charge and supervision of all printing done for each and every department or branch of government of the state, including all departmental offices and all charitable, penal, educational or reform institutions.
Acts 1915, ch. 45, § 1; Shan., § 1a2; impl. am. Acts 1923, ch. 7, §§ 2, 3, 20; mod. Code 1932, § 29; impl. am. Acts 1937, ch. 33, § 42; impl. am. Acts 1939, ch. 11, § 23; mod. C. Supp. 1950, § 29; impl. am. Acts 1953, ch. 163, § 29; 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.), § 12-502; T.C.A. § 12-5-101 .
Tenn. Code Ann. § 12-4-1004 — TN Code / Title 12 / Chapter 4 / Section 12-4-1004
Insurance on public buildings - Amount required - Deductibles
Status: in_force

All buildings and building contents owned by the state shall be insured for not less than their actual cash value subject to an aggregate deductible of not less than one million five hundred thousand dollars ($1,500,000) and to such individual claim deductible as may be commercially reasonable. Added by 2013 Tenn. Acts, ch. 403,s 82, eff. 7/1/2013.
All buildings and building contents owned by the state shall be insured for not less than their actual cash value subject to an aggregate deductible of not less than one million five hundred thousand dollars ($1,500,000) and to such individual claim deductible as may be commercially reasonable.
Added by 2013 Tenn. Acts, ch. 403,s 82, eff. 7/1/2013.
Tenn. Code Ann. § 12-3-310 — TN Code / Title 12 / Chapter 3 / Section 12-3-310
Definition of "call center" - Contracts for call center services
Status: in_force

(a) As used in this section, "call center" includes a person who performs services, including, but not limited to, data entry services, electronic governmental transfers, or other electronic, telephone and telecommunication services. (b) The chief procurement officer shall promulgate regulations pursuant to title 4, chapter 56, authorizing a preference in the evaluation of proposals for state contracts requiring vendors of call center services to only employ, use, or contract with citizens of the United States who reside in the United States, or any person authorized to work in the United States pursuant to federal law, including legal resident aliens in the United States to provide call center services. (c) Any respondent seeking this preference shall supply such supporting documentation as the state may require and shall certify that it will provide services solely by citizens of the United States who reside within the United States, or persons authorized to work in the United States pursuant to federal law, including legal resident aliens in the United States. The certification shall acknowledge and confirm the right of the state to audit and monitor compliance and seek appropriate remedies for noncompliance. Amended by 2013 Tenn. Acts, ch. 403,s 18, eff. 7/1/2013.
(a) As used in this section, "call center" includes a person who performs services, including, but not limited to, data entry services, electronic governmental transfers, or other electronic, telephone and telecommunication services.
(b) The chief procurement officer shall promulgate regulations pursuant to title 4, chapter 56, authorizing a preference in the evaluation of proposals for state contracts requiring vendors of call center services to only employ, use, or contract with citizens of the United States who reside in the United States, or any person authorized to work in the United States pursuant to federal law, including legal resident aliens in the United States to provide call center services.
(c) Any respondent seeking this preference shall supply such supporting documentation as the state may require and shall certify that it will provide services solely by citizens of the United States who reside within the United States, or persons authorized to work in the United States pursuant to federal law, including legal resident aliens in the United States. The certification shall acknowledge and confirm the right of the state to audit and monitor compliance and seek appropriate remedies for noncompliance.
Amended by 2013 Tenn. Acts, ch. 403,s 18, eff. 7/1/2013.
Tenn. Code Ann. § 12-3-202 — TN Code / Title 12 / Chapter 3 / Section 12-3-202
Long distance telephone service for students at state universities and colleges
Status: in_force

Subject to the regulations and requirements of the Tennessee public utility commission and other state or federal bodies, the central procurement office is authorized to extend the use of the state network long distance telephone service to students at state universities and colleges. If the central procurement office extends such service, it shall charge the institution the amount that it costs the state for such service. Amended by 2017 Tenn. Acts, ch. 94,s 79, eff. 4/4/2017. Amended by 2013 Tenn. Acts, ch. 403,s 14, eff. 7/1/2013. Acts 1987, ch. 337, § 3.
Subject to the regulations and requirements of the Tennessee public utility commission and other state or federal bodies, the central procurement office is authorized to extend the use of the state network long distance telephone service to students at state universities and colleges. If the central procurement office extends such service, it shall charge the institution the amount that it costs the state for such service.
Amended by 2017 Tenn. Acts, ch. 94,s 79, eff. 4/4/2017.
Amended by 2013 Tenn. Acts, ch. 403,s 14, eff. 7/1/2013.
Acts 1987, ch. 337, § 3.
Tenn. Code Ann. § 12-4-704 — TN Code / Title 12 / Chapter 4 / Section 12-4-704
Interest
Status: in_force

(a) Interest shall accrue and be charged on payments overdue under § 12-4-703 at one and one-half percent (1½%) per month beginning on the day after payment is due. (b) Interest which is unpaid at the end of each sixty-day period or at the end of any specified period provided by contract shall be added to the principal amount of the debt and shall thereafter accumulate interest. Acts 1985, ch. 57, § 1.
(a) Interest shall accrue and be charged on payments overdue under § 12-4-703 at one and one-half percent (1½%) per month beginning on the day after payment is due.
(b) Interest which is unpaid at the end of each sixty-day period or at the end of any specified period provided by contract shall be added to the principal amount of the debt and shall thereafter accumulate interest.
Acts 1985, ch. 57, § 1.
Tenn. Code Ann. § 12-3-806 — TN Code / Title 12 / Chapter 3 / Section 12-3-806
Specifications for office goods - Biennial report
Status: in_force

(a) Whenever the chief procurement officer determines it to be advantageous, then specifications for office goods to be purchased by the state agencies shall be worded or designed so as to permit remanufactured office goods to be eligible for purchase. Such specifications may provide that remanufactured office materials, supplies and equipment be comparable in use and quality to new or currently manufactured office materials, supplies and equipment. (b) The chief procurement officer shall prepare and submit to the governor, the speakers of the senate and the house of representatives, the chairs of the committees on government operations, and the procurement commission, a biennial report concerning the purchase of remanufactured office goods. Such report shall include the amount and frequency of such purchases, the cost savings realized by the state as a result of such purchases, and any remaining issues or areas for improvement. Amended by 2013 Tenn. Acts, ch. 403,s 46, eff. 7/1/2013. Acts 1980, ch. 888, § 8; T.C.A., § 12-3-606 ; Acts 1988, ch. 818, § 6; 2004, ch. 569, § 1; 2010, ch. 1098, § 2; 2010, ch. 1140, § 6; 2011, ch. 295, §§ 5, 19.
(a) Whenever the chief procurement officer determines it to be advantageous, then specifications for office goods to be purchased by the state agencies shall be worded or designed so as to permit remanufactured office goods to be eligible for purchase. Such specifications may provide that remanufactured office materials, supplies and equipment be comparable in use and quality to new or currently manufactured office materials, supplies and equipment.
(b) The chief procurement officer shall prepare and submit to the governor, the speakers of the senate and the house of representatives, the chairs of the committees on government operations, and the procurement commission, a biennial report concerning the purchase of remanufactured office goods. Such report shall include the amount and frequency of such purchases, the cost savings realized by the state as a result of such purchases, and any remaining issues or areas for improvement.
Amended by 2013 Tenn. Acts, ch. 403,s 46, eff. 7/1/2013.
Acts 1980, ch. 888, § 8; T.C.A., § 12-3-606 ; Acts 1988, ch. 818, § 6; 2004, ch. 569, § 1; 2010, ch. 1098, § 2; 2010, ch. 1140, § 6; 2011, ch. 295, §§ 5, 19.
Tenn. Code Ann. § 12-2-304 — TN Code / Title 12 / Chapter 2 / Section 12-2-304
Municipality's obligations not within debt limitations
Status: in_force

The obligations assumed and undertaken by a municipality pursuant to a lease or sublease made under § 12-2-302(3) , including any unconditional or other obligation to pay rentals for a fixed term or terms, shall not be deemed or construed as constituting a debt of the municipality within the terms, provisions or limitations of any constitutional, statutory, charter or other limitations. Acts 1965, ch. 328, § 4; T.C.A., § 12-232.
The obligations assumed and undertaken by a municipality pursuant to a lease or sublease made under § 12-2-302(3) , including any unconditional or other obligation to pay rentals for a fixed term or terms, shall not be deemed or construed as constituting a debt of the municipality within the terms, provisions or limitations of any constitutional, statutory, charter or other limitations.
Acts 1965, ch. 328, § 4; T.C.A., § 12-232.
Tenn. Code Ann. § 12-3-510 — TN Code / Title 12 / Chapter 3 / Section 12-3-510
Records of purchases open to public
Status: in_force

In accordance with §§ 10-7-503 and 10-7-504 , all procurement records of the department and all records of the procurement commission shall be open and accessible to the public during the regular office hours of the central procurement office or state agency, when such inspections do not interfere with the orderly operation of the central procurement office or state agency. Amended by 2024 Tenn. Acts, ch. 634,s 5, eff. 4/2/2024. Added by 2013 Tenn. Acts, ch. 403, s 29, eff. 7/1/2013.
In accordance with §§ 10-7-503 and 10-7-504 , all procurement records of the department and all records of the procurement commission shall be open and accessible to the public during the regular office hours of the central procurement office or state agency, when such inspections do not interfere with the orderly operation of the central procurement office or state agency.
Amended by 2024 Tenn. Acts, ch. 634,s 5, eff. 4/2/2024.
Added by 2013 Tenn. Acts, ch. 403, s 29, eff. 7/1/2013.
Tenn. Code Ann. § 12-1-109 — TN Code / Title 12 / Chapter 1 / Section 12-1-109
Land for institutional water or sewage system
Status: in_force

The state, acting through the department or agency having the power of supervision over any penal, charitable, reformatory, or educational institution belonging to the state, with the approval of the governor, shall have the right to acquire by purchase, donation, or condemnation on behalf of the state, all necessary land with interests therein, including necessary flowage rights, rights of riparian owners on any stream within the state, and easements for pipelines for the purpose of the installation of a system of waterworks or sewage disposal, for the use of such institution. The state shall make compensation in such case to the owner of such land or rights out of any funds belonging to the state, not otherwise appropriated. Acts 1929, ch. 121, §§ 1, 2; mod. Code 1932, §§ 3165, 3166; modified; T.C.A. (orig. ed.), § 12-109.
The state, acting through the department or agency having the power of supervision over any penal, charitable, reformatory, or educational institution belonging to the state, with the approval of the governor, shall have the right to acquire by purchase, donation, or condemnation on behalf of the state, all necessary land with interests therein, including necessary flowage rights, rights of riparian owners on any stream within the state, and easements for pipelines for the purpose of the installation of a system of waterworks or sewage disposal, for the use of such institution. The state shall make compensation in such case to the owner of such land or rights out of any funds belonging to the state, not otherwise appropriated.
Acts 1929, ch. 121, §§ 1, 2; mod. Code 1932, §§ 3165, 3166; modified; T.C.A. (orig. ed.), § 12-109.
Tenn. Code Ann. § 12-3-515 — TN Code / Title 12 / Chapter 3 / Section 12-3-515
Contract limitations - When voidable - Authority
Status: in_force

(a) A state governmental entity shall not enter into a contract subject to the operation of this chapter that contains a term or condition that: (1) Requires this state or a state governmental entity to: (A) Defend, indemnify, or hold harmless another person; (B) Assume liability for an act or omission against a person, except as specifically provided in the contract or as otherwise provided by law; (C) Be bound by terms and conditions that are unknown to this state at the time of signing such contract or that may be unilaterally changed by another party; (D) Pay liquidated damages; or (E) Pay taxes, except as may be required by law; (2) In litigation about a term of the contract, permits a person, other than the attorney general and reporter, to serve as legal counsel for this state or a state governmental entity, except as provided in § 8-6-106 ; (3) Establishes the venue for an action or dispute with this state or a state governmental entity in a jurisdiction other than the Tennessee claims commission, the chancery courts of Williamson County, and federal courts in this state; (4) Provides that the contract must be construed in accordance with the laws of a state other than this state; (5) Requires binding arbitration; or (6) Contains an automatic renewal obligating state funds subsequent to the initial term of the contract. (b) If a contract entered into by a state governmental entity that is subject to the authority of the chief procurement officer under this chapter or title 4, chapter 56, contains a term or condition prohibited under this section, then such term or condition is void, and the contract is enforceable as if the contract did not contain such term or condition. (c) The chief procurement officer may promulgate rules to effectuate the purposes of this section. Added by 2023 Tenn. Acts, ch. 113, s 5, eff. 4/4/2023.
(a) A state governmental entity shall not enter into a contract subject to the operation of this chapter that contains a term or condition that: (1) Requires this state or a state governmental entity to: (A) Defend, indemnify, or hold harmless another person; (B) Assume liability for an act or omission against a person, except as specifically provided in the contract or as otherwise provided by law; (C) Be bound by terms and conditions that are unknown to this state at the time of signing such contract or that may be unilaterally changed by another party; (D) Pay liquidated damages; or (E) Pay taxes, except as may be required by law; (2) In litigation about a term of the contract, permits a person, other than the attorney general and reporter, to serve as legal counsel for this state or a state governmental entity, except as provided in § 8-6-106 ; (3) Establishes the venue for an action or dispute with this state or a state governmental entity in a jurisdiction other than the Tennessee claims commission, the chancery courts of Williamson County, and federal courts in this state; (4) Provides that the contract must be construed in accordance with the laws of a state other than this state; (5) Requires binding arbitration; or (6) Contains an automatic renewal obligating state funds subsequent to the initial term of the contract.
(1) Requires this state or a state governmental entity to: (A) Defend, indemnify, or hold harmless another person; (B) Assume liability for an act or omission against a person, except as specifically provided in the contract or as otherwise provided by law; (C) Be bound by terms and conditions that are unknown to this state at the time of signing such contract or that may be unilaterally changed by another party; (D) Pay liquidated damages; or (E) Pay taxes, except as may be required by law;
(A) Defend, indemnify, or hold harmless another person;
(B) Assume liability for an act or omission against a person, except as specifically provided in the contract or as otherwise provided by law;
(C) Be bound by terms and conditions that are unknown to this state at the time of signing such contract or that may be unilaterally changed by another party;
(D) Pay liquidated damages; or
(E) Pay taxes, except as may be required by law;
(2) In litigation about a term of the contract, permits a person, other than the attorney general and reporter, to serve as legal counsel for this state or a state governmental entity, except as provided in § 8-6-106 ;
(3) Establishes the venue for an action or dispute with this state or a state governmental entity in a jurisdiction other than the Tennessee claims commission, the chancery courts of Williamson County, and federal courts in this state;
(4) Provides that the contract must be construed in accordance with the laws of a state other than this state;
(5) Requires binding arbitration; or
(6) Contains an automatic renewal obligating state funds subsequent to the initial term of the contract.
(b) If a contract entered into by a state governmental entity that is subject to the authority of the chief procurement officer under this chapter or title 4, chapter 56, contains a term or condition prohibited under this section, then such term or condition is void, and the contract is enforceable as if the contract did not contain such term or condition.
(c) The chief procurement officer may promulgate rules to effectuate the purposes of this section.
Added by 2023 Tenn. Acts, ch. 113, s 5, eff. 4/4/2023.
Tenn. Code Ann. § 12-3-1105 — TN Code / Title 12 / Chapter 3 / Section 12-3-1105
Design and implementation of procedures
Status: in_force

The departments of general services, finance and administration, transportation and economic and community development, and the state building commission shall cooperate with the governor's office of diversity business enterprises in the design and implementation of procedures for the identification of any minority-owned business, woman-owned business, service-disabled veteran-owned business, business owned by persons with disabilities, or small business, the selection for bid and proposal lists and the monitoring of procurements from minority-owned business, woman-owned business, service-disabled veteran-owned business, business owned by persons with disabilities, or small business. Amended by 2017 Tenn. Acts, ch. 485,s 10, eff. 6/6/2017. Added by 2013 Tenn. Acts, ch. 403,s 67, eff. 7/1/2013.
The departments of general services, finance and administration, transportation and economic and community development, and the state building commission shall cooperate with the governor's office of diversity business enterprises in the design and implementation of procedures for the identification of any minority-owned business, woman-owned business, service-disabled veteran-owned business, business owned by persons with disabilities, or small business, the selection for bid and proposal lists and the monitoring of procurements from minority-owned business, woman-owned business, service-disabled veteran-owned business, business owned by persons with disabilities, or small business.
Amended by 2017 Tenn. Acts, ch. 485,s 10, eff. 6/6/2017.
Added by 2013 Tenn. Acts, ch. 403,s 67, eff. 7/1/2013.
Tenn. Code Ann. § 12-10-121 — TN Code / Title 12 / Chapter 10 / Section 12-10-121
Project sites - State may transfer property to and contract with authorities
Status: in_force

(a) Any municipal corporation may acquire a project site by gift, purchase or lease, or exercise of the power of eminent domain, and may transfer any project site to an authority by sale, lease or gift. Such transfer may be authorized by a resolution of the governing body of the municipal corporation without submission of the question to the voters, and without regard to the requirements, restrictions, limitations or other provisions contained in any other general, special or local law. Such project site may be within or without the municipal corporation, or partially within and partially without the municipal corporation. (b) The state of Tennessee may make such contribution, grant, loan, gift, transfer, sale or lease of money or property, both real and personal, to an authority, and may enter into such contracts and agreements with respect thereto, as may from time to time be deemed necessary and desirable by the state, and subject to the requirements, restrictions, limitations or other provisions contained in any other general, special or local law. Acts 1971, ch. 126, § 21; T.C.A., § 12-921; Acts 1980, ch. 653, § 9.
(a) Any municipal corporation may acquire a project site by gift, purchase or lease, or exercise of the power of eminent domain, and may transfer any project site to an authority by sale, lease or gift. Such transfer may be authorized by a resolution of the governing body of the municipal corporation without submission of the question to the voters, and without regard to the requirements, restrictions, limitations or other provisions contained in any other general, special or local law. Such project site may be within or without the municipal corporation, or partially within and partially without the municipal corporation.
(b) The state of Tennessee may make such contribution, grant, loan, gift, transfer, sale or lease of money or property, both real and personal, to an authority, and may enter into such contracts and agreements with respect thereto, as may from time to time be deemed necessary and desirable by the state, and subject to the requirements, restrictions, limitations or other provisions contained in any other general, special or local law.
Acts 1971, ch. 126, § 21; T.C.A., § 12-921; Acts 1980, ch. 653, § 9.
Tenn. Code Ann. § 12-3-101 — TN Code / Title 12 / Chapter 3 / Section 12-3-101
State requirements to be purchased by the central procurement office
Status: in_force

Except as provided in §§ 12-3-102 and 12-3-103 , all goods and services, and all telephone, telegraph, electric light, gas, power, postal services, and the leasing of any equipment required for the use of state government, shall be purchased and contracted for by the central procurement office consistent with the requirements of this chapter and any rules, regulations or policies and procedures approved by the procurement commission. Amended by 2013 Tenn. Acts, ch. 403,s 8, eff. 7/1/2013. Acts 1953, ch. 163, § 2 (Williams, § 370.11); impl. am. Acts 1959, ch. 9, § 5; impl. am. Acts 1961, ch. 97, § 5; impl. am. Acts 1972, ch. 543, § 7; Acts 1976, ch. 601, § 1; T.C.A. (orig. ed.), § 12-309; Acts 1986, ch. 896, § 1; 1995, ch. 305, § 97.
Except as provided in §§ 12-3-102 and 12-3-103 , all goods and services, and all telephone, telegraph, electric light, gas, power, postal services, and the leasing of any equipment required for the use of state government, shall be purchased and contracted for by the central procurement office consistent with the requirements of this chapter and any rules, regulations or policies and procedures approved by the procurement commission.
Amended by 2013 Tenn. Acts, ch. 403,s 8, eff. 7/1/2013.
Acts 1953, ch. 163, § 2 (Williams, § 370.11); impl. am. Acts 1959, ch. 9, § 5; impl. am. Acts 1961, ch. 97, § 5; impl. am. Acts 1972, ch. 543, § 7; Acts 1976, ch. 601, § 1; T.C.A. (orig. ed.), § 12-309; Acts 1986, ch. 896, § 1; 1995, ch. 305, § 97.
Tenn. Code Ann. § 12-6-114 — TN Code / Title 12 / Chapter 6 / Section 12-6-114
[Repealed]
Status: repealed

Repealed by 2019 Tenn. Acts, ch. 8, s 8, eff. 3/13/2019. Acts 1879, ch. 31, § 8; Shan., § 51; mod. Code 1932, §80; impl. am. Acts 1951, ch. 197, § 1; T.C.A. (orig. ed.), § 12-614; Acts 1981, ch. 191, § 11.
Repealed by 2019 Tenn. Acts, ch. 8, s 8, eff. 3/13/2019.
Acts 1879, ch. 31, § 8; Shan., § 51; mod. Code 1932, §80; impl. am. Acts 1951, ch. 197, § 1; T.C.A. (orig. ed.), § 12-614; Acts 1981, ch. 191, § 11.
Tenn. Code Ann. § 12-3-1112 — TN Code / Title 12 / Chapter 3 / Section 12-3-1112
Governor's office of diversity business enterprises - Purpose - Small business liaison representative - Study of opportunities
Status: in_force

(a) There is created the governor's office of diversity business enterprises to administer this part. All positions, resources and functions of the governor's office of diversity business enterprises existing within the department of general services shall be transferred to the procurement office on October 1, 2011. (b) The office of diversity business enterprises shall assist small businesses and businesses owned by minorities, women, service-disabled veterans, and persons with disabilities to develop into viable, successful businesses. This work shall include assisting these businesses to compete successfully for the state's expenditures for goods and services. (c) Each state agency shall designate a staff person as a small business liaison representative to the governor's office of diversity business enterprises to coordinate the agency's efforts to utilize small businesses and diversity business enterprises in their procurement and contracting opportunities. (d) After appointment of the chief procurement officer, such officer, in consultation with the department of general services and the department of economic and community development, shall study opportunities available to small businesses and diversity business enterprises in state contracting and the potential effect of enhancing such opportunities through utilization of monetary allowances. It is the legislative intent that such study shall, insofar as possible, assess the impact on small businesses and diversity business enterprises that would have occurred if monetary allowances of varying amounts had been available. Further, it is the legislative intent that such study shall estimate the costs to the state that would have resulted from such monetary allowances. (e) The small business advocate within the office of the comptroller of the treasury shall be qualified by training or relevant and recent experience in administering programs to encourage and enhance economic opportunities for minority-owned businesses, woman-owned businesses, service-disabled veteran-owned businesses, businesses owned by persons with disabilities, and small businesses. At least annually, the advocate shall attend training or other specialized instruction to enhance understanding of the particular obstacles impeding minority-owned businesses, woman-owned businesses, service-disabled veteran-owned businesses, businesses owned by persons with disabilities, and small businesses from normal entry into the economic mainstream. The training shall be provided by the governor's office of diversity business enterprises in the normal course of business as part of the regular training program for state agencies. When the advocate position is filled by reassigning a current employee, such employee shall receive the requisite training prior to assuming advocate duties. (f) The office of diversity business enterprises shall publish an annual report listing each state department's aspirational goals and achievements for businesses owned by minorities, women, persons with disabilities, and service-disabled veterans, as well as other small businesses. The report must be published on the office's website. Amended by 2022 Tenn. Acts, ch. 793, s 1, eff. 4/8/2022. Amended by 2017 Tenn. Acts, ch. 485, Secs.s 14, s 15, s 16 eff. 6/6/2017. Added by 2013 Tenn. Acts, ch. 403, s 67, eff. 7/1/2013.
(a) There is created the governor's office of diversity business enterprises to administer this part. All positions, resources and functions of the governor's office of diversity business enterprises existing within the department of general services shall be transferred to the procurement office on October 1, 2011.
(b) The office of diversity business enterprises shall assist small businesses and businesses owned by minorities, women, service-disabled veterans, and persons with disabilities to develop into viable, successful businesses. This work shall include assisting these businesses to compete successfully for the state's expenditures for goods and services.
(c) Each state agency shall designate a staff person as a small business liaison representative to the governor's office of diversity business enterprises to coordinate the agency's efforts to utilize small businesses and diversity business enterprises in their procurement and contracting opportunities.
(d) After appointment of the chief procurement officer, such officer, in consultation with the department of general services and the department of economic and community development, shall study opportunities available to small businesses and diversity business enterprises in state contracting and the potential effect of enhancing such opportunities through utilization of monetary allowances. It is the legislative intent that such study shall, insofar as possible, assess the impact on small businesses and diversity business enterprises that would have occurred if monetary allowances of varying amounts had been available. Further, it is the legislative intent that such study shall estimate the costs to the state that would have resulted from such monetary allowances.
(e) The small business advocate within the office of the comptroller of the treasury shall be qualified by training or relevant and recent experience in administering programs to encourage and enhance economic opportunities for minority-owned businesses, woman-owned businesses, service-disabled veteran-owned businesses, businesses owned by persons with disabilities, and small businesses. At least annually, the advocate shall attend training or other specialized instruction to enhance understanding of the particular obstacles impeding minority-owned businesses, woman-owned businesses, service-disabled veteran-owned businesses, businesses owned by persons with disabilities, and small businesses from normal entry into the economic mainstream. The training shall be provided by the governor's office of diversity business enterprises in the normal course of business as part of the regular training program for state agencies. When the advocate position is filled by reassigning a current employee, such employee shall receive the requisite training prior to assuming advocate duties.
(f) The office of diversity business enterprises shall publish an annual report listing each state department's aspirational goals and achievements for businesses owned by minorities, women, persons with disabilities, and service-disabled veterans, as well as other small businesses. The report must be published on the office's website.
Amended by 2022 Tenn. Acts, ch. 793, s 1, eff. 4/8/2022.
Amended by 2017 Tenn. Acts, ch. 485, Secs.s 14, s 15, s 16 eff. 6/6/2017.
Added by 2013 Tenn. Acts, ch. 403, s 67, eff. 7/1/2013.
Tenn. Code Ann. § 12-3-502 — TN Code / Title 12 / Chapter 3 / Section 12-3-502
Solicitations - Responses - Rejection of responses - Correction or withdrawal of responses - Cancellation of awards or contracts - Filing of notices of intent to award - Procurement and performance bonds or other security
Status: in_force

(a) The central procurement office shall publicly advertise a copy of the solicitation. All responses received by the central procurement office shall be opened and examined at the time and place specified in the solicitation. Any and all responses may be rejected pursuant to subsection (b). (b) Whenever the chief procurement officer approves the rejection of all responses for a certain solicitation, the chief procurement officer shall file a notice of such action with the comptroller of the treasury and shall take such action only for one (1) or more of the following reasons: (1) Unreasonably high prices; (2) Error in the solicitation; (3) Cessation of need; (4) Unavailability of funds; or (5) Any other reason determined to be in the best interest of the state. (c) Submission of a response shall not create rights, interests, or claims of entitlement in any respondent, including the lowest apparent respondent in terms of cost. (d) (1) Correction or withdrawal of inadvertently erroneous responses, before or after award, or cancellation of awards or contracts based on such mistakes, shall be permitted with approval of the chief procurement officer. All cancellation of awards or contracts shall be filed with the comptroller of the treasury. (2) After response opening, no changes in prices or other provisions of responses prejudicial to the interest of the state or fair competition shall be permitted. (3) Except as otherwise provided by regulation or policy of the procurement commission, all decisions to permit the correction or withdrawal of responses, or cancel awards or contracts based on response mistakes, shall be supported by a written determination made by the chief procurement officer and such determination shall be filed with the comptroller of the treasury. (e) Only criteria or factors set forth in the solicitation may be used in evaluating a response. (f) After response evaluation and prior to award of the contract, the chief procurement officer shall issue a notice of intent to award to all respondents to the solicitation. Notification by the state of intent to award shall not create rights, interests, or claims of entitlement in any respondent. (g) Upon issuance of the intent to award, the procurement file relating to the procurement shall be made available for inspection to each respondent of the solicitation, upon request. No contract shall be awarded by the chief procurement officer without providing respondents a reasonable opportunity for inspection. The chief procurement officer shall establish procedures for providing inspection by respondents to solicitations. Such procedures shall be approved by the procurement commission. Notification by the state of intent to award shall not create rights, interests, or claims of entitlement in any respondent. (h) Each contract shall be awarded in the name of the state, with reasonable promptness by written notice to the respondent to whom a contract will be awarded in accordance with the criteria for award as set forth in the solicitation. (i) Procurement and performance bonds or other security may be required for any contract. Any such requirement shall be set forth in the solicitation. The chief procurement officer shall promulgate rules establishing the requirements for the use and appropriate amount of such bonds or other security with approval by the procurement commission. Amended by 2024 Tenn. Acts, ch. 634,s 2, eff. 4/2/2024. Amended by 2013 Tenn. Acts, ch. 403, s 21, eff. 7/1/2013. Acts 1953, ch. 163, § 27 (Williams, § 370.36); T.C.A. (orig. ed.), §§ 12-305, 12-3-205; Acts 1981, ch. 332, § 3; 1987, ch. 337, § 19; 2010 , ch. 1098, § 2; 2011 , ch. 295, §§ 5, 19.
(a) The central procurement office shall publicly advertise a copy of the solicitation. All responses received by the central procurement office shall be opened and examined at the time and place specified in the solicitation. Any and all responses may be rejected pursuant to subsection (b).
(b) Whenever the chief procurement officer approves the rejection of all responses for a certain solicitation, the chief procurement officer shall file a notice of such action with the comptroller of the treasury and shall take such action only for one (1) or more of the following reasons: (1) Unreasonably high prices; (2) Error in the solicitation; (3) Cessation of need; (4) Unavailability of funds; or (5) Any other reason determined to be in the best interest of the state.
(1) Unreasonably high prices;
(2) Error in the solicitation;
(3) Cessation of need;
(4) Unavailability of funds; or
(5) Any other reason determined to be in the best interest of the state.
(c) Submission of a response shall not create rights, interests, or claims of entitlement in any respondent, including the lowest apparent respondent in terms of cost.
(d) (1) Correction or withdrawal of inadvertently erroneous responses, before or after award, or cancellation of awards or contracts based on such mistakes, shall be permitted with approval of the chief procurement officer. All cancellation of awards or contracts shall be filed with the comptroller of the treasury. (2) After response opening, no changes in prices or other provisions of responses prejudicial to the interest of the state or fair competition shall be permitted. (3) Except as otherwise provided by regulation or policy of the procurement commission, all decisions to permit the correction or withdrawal of responses, or cancel awards or contracts based on response mistakes, shall be supported by a written determination made by the chief procurement officer and such determination shall be filed with the comptroller of the treasury.
(1) Correction or withdrawal of inadvertently erroneous responses, before or after award, or cancellation of awards or contracts based on such mistakes, shall be permitted with approval of the chief procurement officer. All cancellation of awards or contracts shall be filed with the comptroller of the treasury.
(2) After response opening, no changes in prices or other provisions of responses prejudicial to the interest of the state or fair competition shall be permitted.
(3) Except as otherwise provided by regulation or policy of the procurement commission, all decisions to permit the correction or withdrawal of responses, or cancel awards or contracts based on response mistakes, shall be supported by a written determination made by the chief procurement officer and such determination shall be filed with the comptroller of the treasury.
(e) Only criteria or factors set forth in the solicitation may be used in evaluating a response.
(f) After response evaluation and prior to award of the contract, the chief procurement officer shall issue a notice of intent to award to all respondents to the solicitation. Notification by the state of intent to award shall not create rights, interests, or claims of entitlement in any respondent.
(g) Upon issuance of the intent to award, the procurement file relating to the procurement shall be made available for inspection to each respondent of the solicitation, upon request. No contract shall be awarded by the chief procurement officer without providing respondents a reasonable opportunity for inspection. The chief procurement officer shall establish procedures for providing inspection by respondents to solicitations. Such procedures shall be approved by the procurement commission. Notification by the state of intent to award shall not create rights, interests, or claims of entitlement in any respondent.
(h) Each contract shall be awarded in the name of the state, with reasonable promptness by written notice to the respondent to whom a contract will be awarded in accordance with the criteria for award as set forth in the solicitation.
(i) Procurement and performance bonds or other security may be required for any contract. Any such requirement shall be set forth in the solicitation. The chief procurement officer shall promulgate rules establishing the requirements for the use and appropriate amount of such bonds or other security with approval by the procurement commission.
Amended by 2024 Tenn. Acts, ch. 634,s 2, eff. 4/2/2024.
Amended by 2013 Tenn. Acts, ch. 403, s 21, eff. 7/1/2013.
Acts 1953, ch. 163, § 27 (Williams, § 370.36); T.C.A. (orig. ed.), §§ 12-305, 12-3-205; Acts 1981, ch. 332, § 3; 1987, ch. 337, § 19; 2010 , ch. 1098, § 2; 2011 , ch. 295, §§ 5, 19.
Tenn. Code Ann. § 12-2-412 — TN Code / Title 12 / Chapter 2 / Section 12-2-412
Violations - Penalties
Status: in_force

(a) It is hereby declared unlawful for any state official or employee to purchase from the state 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 section commits a Class A misdemeanor. Acts 1976, ch. 821, § 12; T.C.A., § 12-246; Acts 1989, ch. 591, §§ 1, 6; 2004, ch. 554, § 1.
(a) It is hereby declared unlawful for any state official or employee to purchase from the state 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 section commits a Class A misdemeanor.
Acts 1976, ch. 821, § 12; T.C.A., § 12-246; Acts 1989, ch. 591, §§ 1, 6; 2004, ch. 554, § 1.
Tenn. Code Ann. § 12-3-907 — TN Code / Title 12 / Chapter 3 / Section 12-3-907
Energy efficiency standards and life cycle costs to be used by political subdivisions
Status: in_force

Except when private act or state law prohibits, every political subdivision shall adopt and incorporate in its procurement policies energy efficiency standards and life cycle costing employed by the state in its procurement policies. Amended by 2013 Tenn. Acts, ch. 403,s 56, eff. 7/1/2013.
Except when private act or state law prohibits, every political subdivision shall adopt and incorporate in its procurement policies energy efficiency standards and life cycle costing employed by the state in its procurement policies.
Amended by 2013 Tenn. Acts, ch. 403,s 56, eff. 7/1/2013.
Tenn. Code Ann. § 12-4-202 — TN Code / Title 12 / Chapter 4 / Section 12-4-202
Failure to require bond
Status: in_force

If any public officer, whose duty it is to let or award contracts, lets or awards any contract without requiring bond for payment of labor and material, in compliance with § 12-4-201 , such officer commits a Class C misdemeanor. Acts 1925, ch. 121, § 3; Shan. Supp., § 3546a6; Code 1932, § 7957; T.C.A. (orig. ed.), § 12-418; Acts 1989, ch. 591, § 113.
If any public officer, whose duty it is to let or award contracts, lets or awards any contract without requiring bond for payment of labor and material, in compliance with § 12-4-201 , such officer commits a Class C misdemeanor.
Acts 1925, ch. 121, § 3; Shan. Supp., § 3546a6; Code 1932, § 7957; T.C.A. (orig. ed.), § 12-418; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 12-3-1108 — TN Code / Title 12 / Chapter 3 / Section 12-3-1108
Preference to in-state meat producers by departments and agencies
Status: in_force

All departments, agencies and institutions of state government that purchase meat, meat food products or meat by-products, as defined in § 53-7-202 , with state funds shall give preference to producers located within the boundaries of this state when awarding contracts or agreements for the purchase of such meat or meat products, 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 departments, agencies and institutions of state government that purchase meat, meat food products or meat by-products, as defined in § 53-7-202 , with state funds shall give preference to producers located within the boundaries of this state when awarding contracts or agreements for the purchase of such meat or meat products, 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. § 12-12-102 — TN Code / Title 12 / Chapter 12 / Section 12-12-102
Legislative intent
Status: in_force

It is the intent of the general assembly to fully implement the authority granted under Section 202 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (Public Law 111-195). Added by 2016 Tenn. Acts, ch. 817, s 1, eff. 7/1/2016.
It is the intent of the general assembly to fully implement the authority granted under Section 202 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (Public Law 111-195).
Added by 2016 Tenn. Acts, ch. 817, s 1, eff. 7/1/2016.
Tenn. Code Ann. § 12-3-308 — TN Code / Title 12 / Chapter 3 / Section 12-3-308
Contracts through or administered by social services agencies without discrimination - Religious organizations
Status: in_force

(a) Notwithstanding any other law to the contrary, state and local governments shall contract for goods and services provided through, or administered by, the departments of children's services, health, and human services without discrimination against religious organizations or discrimination based on race, age, color, sex, or national origin and shall provide beneficiaries of assistance under the programs established by law with forms of disbursement that are redeemable with these organizations that are awarded a contract. State and local governments may use any state, federal, local or other moneys available for these purposes. (b) State and local governments shall allow contracts with religious organizations to provide goods and services provided through, or administered by, the departments of children's services, health, and human services and to accept forms of disbursement under any program established on the same basis as any other nongovernmental provider without impairing the religious character of these organizations, and without diminishing the religious freedom of beneficiaries of assistance funded under these programs. The programs shall be implemented consistent with the first amendment of the United States Constitution. State and local governments shall not discriminate against an organization that is, or applies to be, a contractor to provide assistance or that accepts forms of disbursement on the basis that the organization has a religious character. (c) A religious organization with a contract described in this section shall retain its independence from federal, state and local governments, including the religious organization's control over the definition, development, practice and expression of its religious beliefs. State and local governments shall not require a religious organization to alter its form of internal governance or to remove religious art, icons, scripture or other symbols in order to be eligible to contract to provide assistance or to accept grants or other forms of disbursement funded under any program or public contract. (d) If a person, who applies for or receives goods, services or disbursements, objects to the religious character of the organization or institution from which the person receives, or would receive, assistance funded under any program, the state or local government shall provide the person, within a reasonable period of time after the date of the objection, with assistance from an alternative provider that is accessible to the person if an alternative provider is available and the value of which is not less than the value of assistance that the person would have received from the religious organization. Organizations shall provide notice to people receiving assistance of the right to object pursuant to this subsection (d). (e) A religious organization's exemption provided under § 702 of the Civil Rights Act of 1964 ( 42 U.S.C. § 2000e-1(a) ), regarding employment practices is not affected by its participation in, or receipt of, moneys from programs described in this section. Nothing in this section allows religious organizations to discriminate in employment practices on the basis of race, age, color, sex or national origin. (f) Except as otherwise provided by law, a religious organization shall not discriminate against a person in regard to rendering assistance funded under any program described in this section on the basis of religion, a religious belief or refusal to participate in a religious practice, or on the basis of race, age, color, sex or national origin. (g) Except as provided in subsection (h), any religious organization that contracts to provide goods, services or assistance funded under any program is subject to audit by the comptroller of the treasury, and is required to comply with the same rules and laws as other contractors to account in accordance with generally accepted auditing principles for the use of the moneys provided under the program. (h) If a religious organization segregates public moneys provided under these programs into separate accounts, only the programs funded by financial assistance provided with these moneys are subject to audit by the comptroller of the treasury. (i) Appeals from the decisions of the head of a state agency, board or commission may be made to the commissioner of finance and administration in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (j) No moneys provided directly to institutions or organizations to provide services and administer programs under this section may be spent for sectarian worship, instruction or proselytization. This subsection (j) does not apply to the contracting for the services of chaplains by state and local governments. (k) For the purposes of this section, "state and local governments" means state agencies, boards and commissions and political subdivisions of this state. (l) No funds provided by any state or local government for goods and services to religious organizations shall supplant present funding of programs provided by such groups but shall be a supplement to the activities rendered by these groups. Amended by 2013 Tenn. Acts, ch. 403, s 18, eff. 7/1/2013.
(a) Notwithstanding any other law to the contrary, state and local governments shall contract for goods and services provided through, or administered by, the departments of children's services, health, and human services without discrimination against religious organizations or discrimination based on race, age, color, sex, or national origin and shall provide beneficiaries of assistance under the programs established by law with forms of disbursement that are redeemable with these organizations that are awarded a contract. State and local governments may use any state, federal, local or other moneys available for these purposes.
(b) State and local governments shall allow contracts with religious organizations to provide goods and services provided through, or administered by, the departments of children's services, health, and human services and to accept forms of disbursement under any program established on the same basis as any other nongovernmental provider without impairing the religious character of these organizations, and without diminishing the religious freedom of beneficiaries of assistance funded under these programs. The programs shall be implemented consistent with the first amendment of the United States Constitution. State and local governments shall not discriminate against an organization that is, or applies to be, a contractor to provide assistance or that accepts forms of disbursement on the basis that the organization has a religious character.
(c) A religious organization with a contract described in this section shall retain its independence from federal, state and local governments, including the religious organization's control over the definition, development, practice and expression of its religious beliefs. State and local governments shall not require a religious organization to alter its form of internal governance or to remove religious art, icons, scripture or other symbols in order to be eligible to contract to provide assistance or to accept grants or other forms of disbursement funded under any program or public contract.
(d) If a person, who applies for or receives goods, services or disbursements, objects to the religious character of the organization or institution from which the person receives, or would receive, assistance funded under any program, the state or local government shall provide the person, within a reasonable period of time after the date of the objection, with assistance from an alternative provider that is accessible to the person if an alternative provider is available and the value of which is not less than the value of assistance that the person would have received from the religious organization. Organizations shall provide notice to people receiving assistance of the right to object pursuant to this subsection (d).
(e) A religious organization's exemption provided under § 702 of the Civil Rights Act of 1964 ( 42 U.S.C. § 2000e-1(a) ), regarding employment practices is not affected by its participation in, or receipt of, moneys from programs described in this section. Nothing in this section allows religious organizations to discriminate in employment practices on the basis of race, age, color, sex or national origin.
(f) Except as otherwise provided by law, a religious organization shall not discriminate against a person in regard to rendering assistance funded under any program described in this section on the basis of religion, a religious belief or refusal to participate in a religious practice, or on the basis of race, age, color, sex or national origin.
(g) Except as provided in subsection (h), any religious organization that contracts to provide goods, services or assistance funded under any program is subject to audit by the comptroller of the treasury, and is required to comply with the same rules and laws as other contractors to account in accordance with generally accepted auditing principles for the use of the moneys provided under the program.
(h) If a religious organization segregates public moneys provided under these programs into separate accounts, only the programs funded by financial assistance provided with these moneys are subject to audit by the comptroller of the treasury.
(i) Appeals from the decisions of the head of a state agency, board or commission may be made to the commissioner of finance and administration in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(j) No moneys provided directly to institutions or organizations to provide services and administer programs under this section may be spent for sectarian worship, instruction or proselytization. This subsection (j) does not apply to the contracting for the services of chaplains by state and local governments.
(k) For the purposes of this section, "state and local governments" means state agencies, boards and commissions and political subdivisions of this state.
(l) No funds provided by any state or local government for goods and services to religious organizations shall supplant present funding of programs provided by such groups but shall be a supplement to the activities rendered by these groups.
Amended by 2013 Tenn. Acts, ch. 403, s 18, eff. 7/1/2013.
Tenn. Code Ann. § 12-2-207 — TN Code / Title 12 / Chapter 2 / Section 12-2-207
Retention of administration costs - Disposition of remaining proceeds
Status: in_force

(a) The state shall retain a fee for all property sold hereunder to defray the costs of administering this part. The amount of the fee shall be determined in the same manner as is authorized for the sale of state surplus property under § 12-2-411 . The remainder of the proceeds shall be paid over to the respective departments and agencies of the state in accordance with the particular law under which the property was seized and confiscated. (b) When any intoxicating liquor has been seized and confiscated by a law enforcement officer of any county or municipality, the state shall retain a fee for administrative expenses. The amount of the fee shall be determined in the same manner as is authorized for the sale of state surplus property under § 12-2-411 . The balance of the proceeds of the sale shall be paid over to the particular county or municipality served or represented by the arresting officer or officers making such seizure and confiscation, as now authorized under § 57-9-115 . Acts 1959, ch. 303, § 2; T.C.A., § 12-225; Acts 1992, ch. 713, §§ 5, 6.
(a) The state shall retain a fee for all property sold hereunder to defray the costs of administering this part. The amount of the fee shall be determined in the same manner as is authorized for the sale of state surplus property under § 12-2-411 . The remainder of the proceeds shall be paid over to the respective departments and agencies of the state in accordance with the particular law under which the property was seized and confiscated.
(b) When any intoxicating liquor has been seized and confiscated by a law enforcement officer of any county or municipality, the state shall retain a fee for administrative expenses. The amount of the fee shall be determined in the same manner as is authorized for the sale of state surplus property under § 12-2-411 . The balance of the proceeds of the sale shall be paid over to the particular county or municipality served or represented by the arresting officer or officers making such seizure and confiscation, as now authorized under § 57-9-115 .
Acts 1959, ch. 303, § 2; T.C.A., § 12-225; Acts 1992, ch. 713, §§ 5, 6.
Tenn. Code Ann. § 12-2-107 — TN Code / Title 12 / Chapter 2 / Section 12-2-107
Copies of deeds certified by secretary of state
Status: in_force

The secretary of state is authorized to issue certified copies of deeds to state-owned property which have been recorded in the secretary of state's office, and the same are declared to be admissible as evidence in any court of this state. Acts 1947, ch. 106, § 9; C. Supp. 1950, § 255.84 (Williams, § 254.27); T.C.A. (orig. ed.), § 12-207.
The secretary of state is authorized to issue certified copies of deeds to state-owned property which have been recorded in the secretary of state's office, and the same are declared to be admissible as evidence in any court of this state.
Acts 1947, ch. 106, § 9; C. Supp. 1950, § 255.84 (Williams, § 254.27); T.C.A. (orig. ed.), § 12-207.
Tenn. Code Ann. § 12-12-108 — TN Code / Title 12 / Chapter 12 / Section 12-12-108
Certification that person or assignee not identified on list - No use of subcontractor identified on list
Status: in_force

(a) A state agency or entity shall require a person that attempts to contract with the state, including a contract renewal or assumption, to certify, at the time the bid is submitted or the contract is entered into, renewed, or assigned, that the person or the assignee is not identified on a list created pursuant to § 12-12-106 . A state agency shall include certification information in the procurement record. (b) A person that contracts with the state, including a contract renewal or assumption, shall not utilize, on the contract with the state agency or entity, any subcontractor that is identified on a list created pursuant to § 12-12-106 . (c) Upon receiving information that a person who has made the certification required by subsection (a) is in violation thereof, the state agency or entity shall review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment, which is in violation of this chapter within ninety (90) days after the determination of such violation, then the state agency or entity shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the contractor in default. Added by 2016 Tenn. Acts, ch. 817,s 1, eff. 7/1/2016.
(a) A state agency or entity shall require a person that attempts to contract with the state, including a contract renewal or assumption, to certify, at the time the bid is submitted or the contract is entered into, renewed, or assigned, that the person or the assignee is not identified on a list created pursuant to § 12-12-106 . A state agency shall include certification information in the procurement record.
(b) A person that contracts with the state, including a contract renewal or assumption, shall not utilize, on the contract with the state agency or entity, any subcontractor that is identified on a list created pursuant to § 12-12-106 .
(c) Upon receiving information that a person who has made the certification required by subsection (a) is in violation thereof, the state agency or entity shall review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment, which is in violation of this chapter within ninety (90) days after the determination of such violation, then the state agency or entity shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the contractor in default.
Added by 2016 Tenn. Acts, ch. 817,s 1, eff. 7/1/2016.
Tenn. Code Ann. § 12-4-304 — TN Code / Title 12 / Chapter 4 / Section 12-4-304
Penalty for improper accounting
Status: in_force

For the purpose of this part, any contracting provider that does not adopt the uniform classification of accounts, or other acceptable accounting methods as shall be established by the department of health, in consultation with the comptroller of the treasury and the Tennessee Hospital Association, or does not submit cost data as required by the department, shall be assessed a penalty of ten dollars ($10.00) for each day such provider is not in compliance with this section. Acts 1961, ch. 117, § 4; T.C.A., § 12-428; Acts 1984, ch. 787, § 4; 1988, ch. 779, § 1.
For the purpose of this part, any contracting provider that does not adopt the uniform classification of accounts, or other acceptable accounting methods as shall be established by the department of health, in consultation with the comptroller of the treasury and the Tennessee Hospital Association, or does not submit cost data as required by the department, shall be assessed a penalty of ten dollars ($10.00) for each day such provider is not in compliance with this section.
Acts 1961, ch. 117, § 4; T.C.A., § 12-428; Acts 1984, ch. 787, § 4; 1988, ch. 779, § 1.
Tenn. Code Ann. § 12-9-109 — TN Code / Title 12 / Chapter 9 / Section 12-9-109
Contracts under other laws unaffected
Status: in_force

Nothing in this chapter shall prohibit any public agency from contracting with other public agencies under existing statutory or charter authority. Acts 1967, ch. 350, § 9; T.C.A., § 12-809.
Nothing in this chapter shall prohibit any public agency from contracting with other public agencies under existing statutory or charter authority.
Acts 1967, ch. 350, § 9; T.C.A., § 12-809.
Tenn. Code Ann. § 12-2-410 — TN Code / Title 12 / Chapter 2 / Section 12-2-410
Disposals - Procedures
Status: in_force

All disposals of surplus state personal property shall be conducted by the department of general services, in accordance with this part and applicable regulations of the procurement commission. The procurement commission may, however, in its discretion, designate the department having jurisdiction over the producing facility as the agent for disposal in the case of surplus agricultural products or livestock; provided, that such disposal is made in accordance with the other provisions of this part and the applicable regulations of the procurement commission. Acts 1976, ch. 821, § 10; T.C.A., § 12-244; Acts 2011, ch. 295, §§ 9(a), (j), 19; 2012, ch. 626, § 5.
All disposals of surplus state personal property shall be conducted by the department of general services, in accordance with this part and applicable regulations of the procurement commission. The procurement commission may, however, in its discretion, designate the department having jurisdiction over the producing facility as the agent for disposal in the case of surplus agricultural products or livestock; provided, that such disposal is made in accordance with the other provisions of this part and the applicable regulations of the procurement commission.
Acts 1976, ch. 821, § 10; T.C.A., § 12-244; Acts 2011, ch. 295, §§ 9(a), (j), 19; 2012, ch. 626, § 5.
Tenn. Code Ann. § 12-3-1207 — TN Code / Title 12 / Chapter 3 / Section 12-3-1207
Authorization to use competitive sealed proposals
Status: in_force

(a) Any municipality may use competitive sealed proposals to purchase goods and services rather than competitive sealed bids when the municipal governing body, acting under the restrictions and requirements of this section and a procurement code adopted by the governing body, determines that the use of competitive sealed bidding is either not practicable or not advantageous to the municipality. In actual emergencies caused by unforeseen circumstances, such as natural or human-made disasters, delays by contractors, delays in transportation, or unanticipated volume of work, purchases through competitive sealed proposals may be made without specific authorizing action of the municipal governing body. A record of any emergency purchase shall be made by the person or body authorizing the emergency purchase, specifying the amount paid, the items and services purchased, from whom the purchase was made, and the nature of the emergency. A report of the emergency purchase through competitive sealed proposals containing all relevant information shall be made as soon as possible by the person or body authorizing the purchase to the municipal governing body. (b) In the decision to use competitive sealed proposals, the governing body shall follow a procurement code, which shall be adopted by the municipality by ordinance before purchases may be made under this section. The code shall contain criteria for purchasing through competitive sealed proposals and procedures consistent with this section. (c) The procurement code shall provide that competitive sealed proposals may be used only when qualifications, experience, or competence are more important than price in making the purchase and: (1) When there is more than one (1) solution to a purchasing issue and the competitive sealed proposals will assist in choosing the best solution; or (2) When there is no readily identifiable solution to a purchasing issue and the competitive sealed proposals will assist in identifying one (1) or more solutions. (d) The municipal technical advisory service of the University of Tennessee's institute for public service, in conjunction with the comptroller of the treasury's office, shall develop a model procurement code that may be adopted by any municipality to guide the governing body and purchasing agent in making purchases through requests for competitive sealed proposals. The model procurement code shall contain provisions allowing an aggrieved respondent to protest the intended award to another respondent if the protest is filed within seven (7) calendar days after the intended award is announced. The protest shall be filed with and decided by the municipal governing body. (e) Adequate public notice of the request for competitive sealed proposals shall be given in the same manner provided for competitive sealed bids. (f) Competitive sealed proposals must be opened in a manner that avoids disclosure of the contents to competing respondents during the negotiation. The proposals and all related materials must be open for public inspection after the intent to award the contract to a particular respondent is announced. (g) The request for competitive sealed proposals must state the relative importance of price and other evaluation factors. (h) As provided in the request for competitive sealed proposals and in the procurement code, interviews, presentations, demonstrations and discussions, either oral or in writing, or both, may be conducted for clarification to assure full understanding of, and responsiveness to, the solicitation requirements with the one (1) or more responsible respondents who submit proposals determined by the purchasing agent to be reasonably susceptible of being selected. The respondents must be accorded fair and equal treatment with respect to an opportunity for an interview, presentation, demonstration, discussion, or revision of proposals, and revisions may be permitted after submission and before the intent to award to a particular respondent is announced to obtain the best and final offers. In conducting interviews, presentations, demonstrations, or discussions, the purchasing agent and other municipal personnel shall not disclose to a respondent during the negotiations information derived from proposals submitted by competing respondents. (i) The award shall be made to the responsible respondent whose proposal the governing body determines is the most advantageous to the municipality, taking into consideration price and the evaluation factors set out in the request for competitive sealed proposals. No other factor may be used in the evaluation. The purchasing agent shall place in the contract file a statement containing the basis on which the award was made. (j) (1) A governmental utility board shall have the same rights and be subject to the same restrictions and requirements as apply to a municipal governing body under this section. The governmental utility board shall adopt a procurement code by resolution before purchases may be made under this section. (2) For purposes of subdivision (j)(1), a "governmental utility board" includes a board of public utilities created under title 7, chapter 52, and shall also include any other county, metropolitan government or municipal utility board or supervisory body created by private act, home rule charter or local ordinance or resolution. (3) Nothing in this subsection (j) shall otherwise modify or impair any limitations on the contracting power of the governmental utility boards as the powers may exist under applicable law. (k) The board of commissioners of a utility district created pursuant to title 7, chapter 82, or any public or private act by the general assembly, has the same rights and is subject to the same restrictions and requirements as apply to a municipal governing body under this section. The board of commissioners of a utility district shall adopt a purchasing policy pursuant to title 7, chapter 82, part 8, that contains criteria for purchasing through competitive sealed proposals and procedures consistent with this section before purchases may be made under this section. (l) For the purposes of this section, "procurement code" has the same meaning as "purchasing policy" as described in § 7-82-801 , for utility districts. Amended by 2022 Tenn. Acts, ch. 779, s 1, eff. 4/8/2022. Amended by 2021 Tenn. Acts, ch. 321, s 1, eff. 5/4/2021. Added by 2013 Tenn. Acts, ch. 403, s 70, eff. 7/1/2013.
(a) Any municipality may use competitive sealed proposals to purchase goods and services rather than competitive sealed bids when the municipal governing body, acting under the restrictions and requirements of this section and a procurement code adopted by the governing body, determines that the use of competitive sealed bidding is either not practicable or not advantageous to the municipality. In actual emergencies caused by unforeseen circumstances, such as natural or human-made disasters, delays by contractors, delays in transportation, or unanticipated volume of work, purchases through competitive sealed proposals may be made without specific authorizing action of the municipal governing body. A record of any emergency purchase shall be made by the person or body authorizing the emergency purchase, specifying the amount paid, the items and services purchased, from whom the purchase was made, and the nature of the emergency. A report of the emergency purchase through competitive sealed proposals containing all relevant information shall be made as soon as possible by the person or body authorizing the purchase to the municipal governing body.
(b) In the decision to use competitive sealed proposals, the governing body shall follow a procurement code, which shall be adopted by the municipality by ordinance before purchases may be made under this section. The code shall contain criteria for purchasing through competitive sealed proposals and procedures consistent with this section.
(c) The procurement code shall provide that competitive sealed proposals may be used only when qualifications, experience, or competence are more important than price in making the purchase and: (1) When there is more than one (1) solution to a purchasing issue and the competitive sealed proposals will assist in choosing the best solution; or (2) When there is no readily identifiable solution to a purchasing issue and the competitive sealed proposals will assist in identifying one (1) or more solutions.
(1) When there is more than one (1) solution to a purchasing issue and the competitive sealed proposals will assist in choosing the best solution; or
(2) When there is no readily identifiable solution to a purchasing issue and the competitive sealed proposals will assist in identifying one (1) or more solutions.
(d) The municipal technical advisory service of the University of Tennessee's institute for public service, in conjunction with the comptroller of the treasury's office, shall develop a model procurement code that may be adopted by any municipality to guide the governing body and purchasing agent in making purchases through requests for competitive sealed proposals. The model procurement code shall contain provisions allowing an aggrieved respondent to protest the intended award to another respondent if the protest is filed within seven (7) calendar days after the intended award is announced. The protest shall be filed with and decided by the municipal governing body.
(e) Adequate public notice of the request for competitive sealed proposals shall be given in the same manner provided for competitive sealed bids.
(f) Competitive sealed proposals must be opened in a manner that avoids disclosure of the contents to competing respondents during the negotiation. The proposals and all related materials must be open for public inspection after the intent to award the contract to a particular respondent is announced.
(g) The request for competitive sealed proposals must state the relative importance of price and other evaluation factors.
(h) As provided in the request for competitive sealed proposals and in the procurement code, interviews, presentations, demonstrations and discussions, either oral or in writing, or both, may be conducted for clarification to assure full understanding of, and responsiveness to, the solicitation requirements with the one (1) or more responsible respondents who submit proposals determined by the purchasing agent to be reasonably susceptible of being selected. The respondents must be accorded fair and equal treatment with respect to an opportunity for an interview, presentation, demonstration, discussion, or revision of proposals, and revisions may be permitted after submission and before the intent to award to a particular respondent is announced to obtain the best and final offers. In conducting interviews, presentations, demonstrations, or discussions, the purchasing agent and other municipal personnel shall not disclose to a respondent during the negotiations information derived from proposals submitted by competing respondents.
(i) The award shall be made to the responsible respondent whose proposal the governing body determines is the most advantageous to the municipality, taking into consideration price and the evaluation factors set out in the request for competitive sealed proposals. No other factor may be used in the evaluation. The purchasing agent shall place in the contract file a statement containing the basis on which the award was made.
(j) (1) A governmental utility board shall have the same rights and be subject to the same restrictions and requirements as apply to a municipal governing body under this section. The governmental utility board shall adopt a procurement code by resolution before purchases may be made under this section. (2) For purposes of subdivision (j)(1), a "governmental utility board" includes a board of public utilities created under title 7, chapter 52, and shall also include any other county, metropolitan government or municipal utility board or supervisory body created by private act, home rule charter or local ordinance or resolution. (3) Nothing in this subsection (j) shall otherwise modify or impair any limitations on the contracting power of the governmental utility boards as the powers may exist under applicable law.
(1) A governmental utility board shall have the same rights and be subject to the same restrictions and requirements as apply to a municipal governing body under this section. The governmental utility board shall adopt a procurement code by resolution before purchases may be made under this section.
(2) For purposes of subdivision (j)(1), a "governmental utility board" includes a board of public utilities created under title 7, chapter 52, and shall also include any other county, metropolitan government or municipal utility board or supervisory body created by private act, home rule charter or local ordinance or resolution.
(3) Nothing in this subsection (j) shall otherwise modify or impair any limitations on the contracting power of the governmental utility boards as the powers may exist under applicable law.
(k) The board of commissioners of a utility district created pursuant to title 7, chapter 82, or any public or private act by the general assembly, has the same rights and is subject to the same restrictions and requirements as apply to a municipal governing body under this section. The board of commissioners of a utility district shall adopt a purchasing policy pursuant to title 7, chapter 82, part 8, that contains criteria for purchasing through competitive sealed proposals and procedures consistent with this section before purchases may be made under this section.
(l) For the purposes of this section, "procurement code" has the same meaning as "purchasing policy" as described in § 7-82-801 , for utility districts.
Amended by 2022 Tenn. Acts, ch. 779, s 1, eff. 4/8/2022.
Amended by 2021 Tenn. Acts, ch. 321, s 1, eff. 5/4/2021.
Added by 2013 Tenn. Acts, ch. 403, s 70, eff. 7/1/2013.
Tenn. Code Ann. § 12-6-109 — TN Code / Title 12 / Chapter 6 / Section 12-6-109
Notice of publications - Access to state electronic publications
Status: in_force

At least quarterly, a list of all publications must be provided by the department of general services to the Tennessee state library and archives and other state depository libraries. Notice of publication and access to state electronic publications must be provided to all state depository libraries. Amended by 2019 Tenn. Acts, ch. 8, s 4, eff. 3/13/2019. Acts 1917, ch. 42, § 3; Shan. Supp., § 1387a10; Code 1932, §2286; T.C.A. (orig. ed.), § 12-609; Acts 1981, ch. 191, § 8.
At least quarterly, a list of all publications must be provided by the department of general services to the Tennessee state library and archives and other state depository libraries. Notice of publication and access to state electronic publications must be provided to all state depository libraries.
Amended by 2019 Tenn. Acts, ch. 8, s 4, eff. 3/13/2019.
Acts 1917, ch. 42, § 3; Shan. Supp., § 1387a10; Code 1932, §2286; T.C.A. (orig. ed.), § 12-609; Acts 1981, ch. 191, § 8.
Tenn. Code Ann. § 12-9-110 — TN Code / Title 12 / Chapter 9 / Section 12-9-110
Contracts for conveyance of property
Status: in_force

(a) Any one (1) or more public agencies may contract with any one (1) or more public agencies for the conveyance or transfer of property, real or personal, if: (1) The public agency or agencies receiving the conveyance or transfer utilizes the property for a public purpose; and (2) The governing body of each public agency that is a party to the contract authorizes such conveyance or transfer and determines that the terms and conditions set forth are appropriate. (b) Any public agency utilizing the authority of this section shall not be required to declare such property surplus prior to the conveyance or transfer, and shall also be exempt from contrary requirements in any budget or purchasing act, public or private. Acts 2005, ch. 336, § 1.
(a) Any one (1) or more public agencies may contract with any one (1) or more public agencies for the conveyance or transfer of property, real or personal, if: (1) The public agency or agencies receiving the conveyance or transfer utilizes the property for a public purpose; and (2) The governing body of each public agency that is a party to the contract authorizes such conveyance or transfer and determines that the terms and conditions set forth are appropriate.
(1) The public agency or agencies receiving the conveyance or transfer utilizes the property for a public purpose; and
(2) The governing body of each public agency that is a party to the contract authorizes such conveyance or transfer and determines that the terms and conditions set forth are appropriate.
(b) Any public agency utilizing the authority of this section shall not be required to declare such property surplus prior to the conveyance or transfer, and shall also be exempt from contrary requirements in any budget or purchasing act, public or private.
Acts 2005, ch. 336, § 1.
Tenn. Code Ann. § 12-1-204 — TN Code / Title 12 / Chapter 1 / Section 12-1-204
Effect of taking on property valuation
Status: in_force

If a court determines that a government action has resulted in an unconstitutional taking in Tennessee, the effect on the valuation of such property shall be taken into account in determining the value of the property for property tax purposes under title 67, chapter 5, part 6. Acts 1994, ch. 924, § 5.
If a court determines that a government action has resulted in an unconstitutional taking in Tennessee, the effect on the valuation of such property shall be taken into account in determining the value of the property for property tax purposes under title 67, chapter 5, part 6.
Acts 1994, ch. 924, § 5.
Tenn. Code Ann. § 12-2-106 — TN Code / Title 12 / Chapter 2 / Section 12-2-106
Payment of registers' fees
Status: in_force

All county registers of this state are required to extend credit to the commissioner of general services for the recordation of various instruments, including deeds and leases, and, after the instruments have been recorded, the county register will submit such county register's bill for services to the commissioner in order to obtain payment of the same. Amended by 2013 Tenn. Acts, ch. 454,s 36, eff. 5/16/2013. Acts 1947, ch. 106, § 10; C. Supp. 1950, § 255.85 (Williams, § 254.28); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 12-206.
All county registers of this state are required to extend credit to the commissioner of general services for the recordation of various instruments, including deeds and leases, and, after the instruments have been recorded, the county register will submit such county register's bill for services to the commissioner in order to obtain payment of the same.
Amended by 2013 Tenn. Acts, ch. 454,s 36, eff. 5/16/2013.
Acts 1947, ch. 106, § 10; C. Supp. 1950, § 255.85 (Williams, § 254.28); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 12-206.
Tenn. Code Ann. § 12-1-104 — TN Code / Title 12 / Chapter 1 / Section 12-1-104
Federal improvements on state land
Status: in_force

This commission may contract for and purchase any improvements or installations which may be located on lands belonging to the state and which have been placed on such lands by the federal government, or by any agency thereof, with authority reserved in the federal government to remove such improvements or installations, if it so elects. The terms and conditions of any such purchase shall be agreed upon by this commission and the proper representatives of the federal government. Acts 1945, ch. 168, § 2; C. Supp. 1950, § 1032.2; T.C.A. (orig. ed.), § 12-104.
This commission may contract for and purchase any improvements or installations which may be located on lands belonging to the state and which have been placed on such lands by the federal government, or by any agency thereof, with authority reserved in the federal government to remove such improvements or installations, if it so elects. The terms and conditions of any such purchase shall be agreed upon by this commission and the proper representatives of the federal government.
Acts 1945, ch. 168, § 2; C. Supp. 1950, § 1032.2; T.C.A. (orig. ed.), § 12-104.
Tenn. Code Ann. § 12-2-501 — TN Code / Title 12 / Chapter 2 / Section 12-2-501
Disposal of real or personal property by private negotiation and sale
Status: in_force

Notwithstanding any rule, regulation or other law to the contrary, any county, metropolitan government, municipality or other political subdivision of this state, upon majority vote of the local legislative body, may dispose of real property or personal property by private negotiation and sale where: (1) The real or personal property is significant for its architectural, archaeological, artistic, cultural or historical associations, or significant for its relationship to other property significant for architectural, archaeological, artistic, cultural or historical associations, or significant for its natural, scenic or open condition; (2) The real or personal property is to be sold to a nonprofit corporation or trust whose purposes include the preservation or conservation of real or personal properties of architectural, archaeological, artistic, cultural, historical, natural or scenic significance; and (3) A preservation agreement or conservation agreement is placed in the deed conveying the property from the county, metropolitan government, municipality or other political subdivision of this state to the nonprofit corporation or trust. The nonprofit corporation or trust shall only dispose of or use such real or personal property subject to covenants or other legally binding restrictions that will promote the preservation or conservation of the property, and, where appropriate, secure rights of public access. Added by 2013 Tenn. Acts, ch. 115,s 1, eff. 4/12/2013.
Notwithstanding any rule, regulation or other law to the contrary, any county, metropolitan government, municipality or other political subdivision of this state, upon majority vote of the local legislative body, may dispose of real property or personal property by private negotiation and sale where:
(1) The real or personal property is significant for its architectural, archaeological, artistic, cultural or historical associations, or significant for its relationship to other property significant for architectural, archaeological, artistic, cultural or historical associations, or significant for its natural, scenic or open condition;
(2) The real or personal property is to be sold to a nonprofit corporation or trust whose purposes include the preservation or conservation of real or personal properties of architectural, archaeological, artistic, cultural, historical, natural or scenic significance; and
(3) A preservation agreement or conservation agreement is placed in the deed conveying the property from the county, metropolitan government, municipality or other political subdivision of this state to the nonprofit corporation or trust. The nonprofit corporation or trust shall only dispose of or use such real or personal property subject to covenants or other legally binding restrictions that will promote the preservation or conservation of the property, and, where appropriate, secure rights of public access.
Added by 2013 Tenn. Acts, ch. 115,s 1, eff. 4/12/2013.
Tenn. Code Ann. § 12-7-201 — TN Code / Title 12 / Chapter 7 / Section 12-7-201
Legislative findings and declarations
Status: in_force

The general assembly finds and declares that the use of alkaline paper for the publication of state records and documents of enduring value is a social and moral imperative to preserve our collective knowledge and heritage for the future. To this end, the general assembly declares it to be the public policy of this state to utilize alkaline paper in the printing and/or publication of permanent state records and documents whenever feasible. Acts 1995, ch. 114, § 2.
The general assembly finds and declares that the use of alkaline paper for the publication of state records and documents of enduring value is a social and moral imperative to preserve our collective knowledge and heritage for the future. To this end, the general assembly declares it to be the public policy of this state to utilize alkaline paper in the printing and/or publication of permanent state records and documents whenever feasible.
Acts 1995, ch. 114, § 2.
Tenn. Code Ann. § 12-3-1004 — TN Code / Title 12 / Chapter 3 / Section 12-3-1004
Distributing and posting solicitations and responses electronically
Status: in_force

Notwithstanding any provision of law, rule or regulation to the contrary, the central procurement office may satisfy any requirement for mailing by distributing solicitations electronically and posting solicitations to the central procurement office internet website. In addition, the central procurement office may receive responses electronically. In order to assure the fullest possible participation of small businesses and minority-owned businesses, the central procurement office shall not require such small businesses and minority-owned businesses to receive or respond to solicitations electronically. Amended by 2013 Tenn. Acts, ch. 403,s 62, eff. 7/1/2013. Amended by 2013 Tenn. Acts, ch. 329,s 1, eff. 5/13/2013. Acts 1984, ch. 765, § 7; 2003, ch. 228, § 1; 2010, ch. 1067, § 2; 2012, ch. 600, §§ 1 - 3.
Notwithstanding any provision of law, rule or regulation to the contrary, the central procurement office may satisfy any requirement for mailing by distributing solicitations electronically and posting solicitations to the central procurement office internet website. In addition, the central procurement office may receive responses electronically. In order to assure the fullest possible participation of small businesses and minority-owned businesses, the central procurement office shall not require such small businesses and minority-owned businesses to receive or respond to solicitations electronically.
Amended by 2013 Tenn. Acts, ch. 403,s 62, eff. 7/1/2013.
Amended by 2013 Tenn. Acts, ch. 329,s 1, eff. 5/13/2013.
Acts 1984, ch. 765, § 7; 2003, ch. 228, § 1; 2010, ch. 1067, § 2; 2012, ch. 600, §§ 1 - 3.