Tenn. Code Ann. § 12-2-112 — TN Code / Title 12 / Chapter 2 / Section 12-2-112
Disposal of surplus interests in real property and energy resources
Status: in_force

(a) The commissioner of general services, with the approval of the governor and attorney general and reporter, may sell, lease or otherwise convey any interest in surplus state real property according to the following provisions: (1) Real property shall not be sold in fee, and any interest or rights in minerals, coal, natural gas, oil, timber and any other energy related resources shall not be conveyed if there is any feasible use for the property by any state agency, as determined by the governor, the attorney general and reporter and the commissioner of general services. Should the state agency have an approved use for the property, the commissioner is authorized to transfer jurisdiction to the appropriate agency at no cost; (2) As to sales in fee, and to a conveyance of an interest or rights in minerals, coal, natural gas, oil, timber, and other energy-related resources, such property must be appraised by an independent, qualified appraiser, wholly disconnected from state government or other legal governmental entity except as may otherwise be determined by the state building commission. The state building commission may require a second appraisal to be completed by a qualified appraiser, wholly disconnected from the first appraiser, prior to the disposal of the property; (3) As to sales in fee, and to any conveyance of any interest or rights in minerals, coal, natural gas, oil, timber and any other energy-related resources, such surplus property having an average appraised value exceeding twenty-five thousand dollars ($25,000) shall be advertised not less than one (1) time in a newspaper which is local with respect to the property to be sold and once in a newspaper in either Nashville, Memphis, Chattanooga or Knoxville, whichever is nearest by air; provided, that if one (1) of these four (4) cities is the situs of the property to be sold, advertisement shall be made twice within a two-week period. Any interest or rights in minerals, coal, natural gas, oil, timber and any other energy-related resources shall be sold by the sealed bid method with the condition that the state shall have the right to refuse any and all bids. Fee interests in real property shall be sold by the sealed bid method or by public auction in accordance with policies established by the state building commission, with the condition that the state shall have the rights to refuse any and all bids. As used in this subdivision (a)(3), "public auction" may include, without limitation, internet auctions and in-person auctions so long as such auctions are open for participation by the public at large. Upon the approval of the governor, the attorney general and reporter, and the commissioner, the successful bidder will be notified of the intent to award within a period of forty-five (45) days commencing from the date of bid openings; (4) All interests in real property other than the fee interest, including, but not limited to, leases, easements and rights-of-way, shall be disposed of in accordance with policies established by the state building commission, including advertisement and appraisal where deemed appropriate by the state building commission; provided, however, that, if the property was acquired by or for the use of the department of transportation for right-of-way, then the department of transportation may convey the interests in the property by negotiated sale or disposal to any legal governmental body for a public use purpose, subject to reversion to the department of transportation for failure to continue public ownership and use, or to the former owner or an adjoining owner for fair market value, in accordance with procedures established in subdivision (a)(8). If approved by the department of transportation, and the federal highway administration where required by federal law, a functional replacement of real property may be considered to continue public ownership and use, and shall not be subject to reversion to the department of transportation, if the replacement property is at least equal in fair market value to the property being replaced. For the purposes of this subdivision (a)(4), a functional replacement of real property means real property that serves the same function as the real property conveyed by the state by providing equivalent utility, as determined by the department of transportation, and the federal highway administration where required by federal law. The fair market value of the replacement property shall be determined in accordance with the procedures for determining the fair market value of the surplus property established in subdivision (a)(8). This subdivision (a)(4) shall not apply to the disposal or conveyance in any manner of any interest or rights in minerals, coal, natural gas, oil, timber and any other energy related resources; provided, that the commission shall have authority to promulgate rules and regulations over the disposal or conveyances pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; (5) Subdivisions (a)(2) and (3) may be waived to permit the negotiated sale of any such property to any legal governmental body for a public use purpose, and, further, to permit any other negotiated sale or disposal without advertisement or appraisal as the state building commission may deem in the best interest of the state. Subdivisions (a)(2) and (3) may also be waived to permit the commissioner, with the approval of the attorney general and reporter and the governor, to grant such easements and rights-of-way as are deemed necessary to provide services for the benefit of the state agency, department or institution or of the general public; (6) The final conveyance of any property shall be effective to vest in the purchaser thereof such title as the state shall have in the premises; the state shall not be liable upon any covenant of warranty or seisin irrespective of whether or not the same is contained in such conveyance; (7) The funds so collected from the sale and conveyance of such property not otherwise specified shall be paid into the general fund of the state; provided, that all expenses incurred during such sale shall be paid from the proceeds and the balance of such proceeds shall be deposited into the general fund, except where otherwise provided by law. In instances in which other law specifies that the proceeds be deposited into a fund other than the general fund or into a special account in the general fund, the expenses of such sale or conveyance shall be paid from such other fund or special account. The funds so collected from the sale and conveyance of any property which has been deemed surplus right-of-way held for the use or benefit of the department of transportation shall be paid into the highway fund, and all expenses incurred during such sale shall be paid from the highway fund; (8) (A) If the property was acquired by or for the use of the department of transportation for right-of-way, if its fair market value does not exceed two hundred fifty thousand dollars ($250,000) or such amounts in excess of two hundred fifty thousand dollars ($250,000) as may be approved by the state building commission, and if any adjoining property owner or the former owner of that property wishes to purchase the property, or if a legal governmental body wishes to acquire the property for a public use purpose under this subdivision (a)(8)(A) or subdivision (a)(8)(B), or if a legal governmental body wishes to acquire the property for fair market value as provided in subdivision (a)(8)(D), then this subdivision (a)(8) shall apply, notwithstanding any other provision of this section. Instead, the commissioner of transportation is authorized to declare the property surplus if the commissioner determines that the purpose of its acquisition has been completed and that the property is no longer needed by the department of transportation or another state agency, and may sell it to any adjoining property owner or the former owner of that property, for an amount representing not less than the fair market value, together with costs; provided, however, that the department of transportation may convey the property or any interest in the property by negotiated sale or disposal to any legal governmental body for a public use purpose, subject to reversion to the department of transportation for failure to continue public ownership and use. If approved by the department of transportation, and the federal highway administration where required by federal law, the department of transportation may accept real property in exchange for the surplus real property conveyed if the replacement property is at least equal in fair market value to the surplus property being replaced. The fair market value of the replacement property shall be determined in accordance with the procedures for determining the fair market value of the surplus property established in this subdivision (a)(8). The commissioner of general services shall concur in the fair market value amount or in the negotiated sale or disposal of the property to a legal governmental body for a public use purpose. If in the judgment of the department of transportation a survey of the property is required, the prospective purchaser shall pay the department of transportation in advance for the cost of the survey; (B) The former property owner's right shall terminate ten (10) years after the date of acquisition by the department of transportation by conveyance or date of taking in condemnation of the subject property by the department. The former property owner's right shall not transfer to the owner's heirs. The former property owner shall have first right of refusal to purchase the right-of-way; provided, however, that the department may convey the property or any interest in the property to a legal governmental body for a public use purpose, subject to reversion to the department of transportation for failure to continue public ownership and use, without offering the former owner a first right of refusal to purchase the property. If the former property owner relinquishes the owner's right or the right has expired, the property may be conveyed to a legal governmental body in accordance with subdivision (a)(8)(D) or to an adjoining property owner. If more than one (1) adjoining property owner is interested in purchasing the right-of-way, the interested adjoining property owners shall submit sealed bids to the department of transportation, with the minimum bid price being the fair market value determined by appraisal, and the property may be conveyed to the adjoining property owner offering the highest responsive bid. The successful bidder shall reimburse any unsuccessful prospective purchaser for survey and appraisal costs incurred in accordance with the requirements of this subdivision (a)(8); (C) For the purposes of this subdivision (a)(8), the fair market value of surplus right-of-way property shall be determined in accordance with the following procedures: (i) The department of transportation shall make a preliminary planning estimate of the fair market value of the property in accordance with procedures that the department may establish; (ii) If the department of transportation's preliminary planning estimate of the fair market value of the property is twenty-five thousand dollars ($25,000) or less, the property shall be appraised by an appraiser on staff with the department of transportation at no cost to the prospective purchaser; (iii) If the department of transportation's preliminary planning estimate or subsequent staff appraisal of the fair market value of the property is greater than twenty-five thousand dollars ($25,000), the property shall be appraised by an independent appraiser whose services shall be procured by the department of transportation in accordance with state law. The independent appraiser must be licensed and certified by the Tennessee real estate appraiser commission and shall be selected from a list of prequalified appraisers approved by the department of transportation. The prospective purchaser shall pay the department of transportation in advance for the cost of the independent appraisal; (iv) The initial appraisal shall be subject to review and approval by the department of transportation in accordance with procedures that the department of transportation may establish. The appraisal review shall be conducted, at the department of transportation's expense, by a review appraiser who is licensed and certified by the Tennessee real estate appraiser commission and who is either employed by or under contract with the department of transportation. The review appraiser shall either approve the initial appraisal or reject the initial appraisal and reappraise the property to determine the fair market value of the property, subject to the approval of the director of the right-of-way division of the department of transportation or the director's designee. If approved by the director or the director's designee, the review appraiser's determination shall be presented to a prospective purchaser as the fair market value of the property; (v) If a prospective purchaser does not accept the appraised fair market value of the property as determined by the review appraiser, the prospective purchaser may request a final review and reconsideration by the commissioner of transportation or the commissioner's designee. The commissioner or the commissioner's designee shall obtain a final review of the appraisal by a review appraiser who is licensed and certified by the Tennessee real estate appraiser commission and who is either employed by or under contract with the department of transportation; provided, however, that the final review appraiser shall not be the same person who previously reviewed the initial appraisal. The prospective purchaser shall be given the opportunity to present information concerning the value of the property for the consideration of the final review appraiser. The final review appraiser shall consider all relevant information, including any appraisal previously performed by or for the department of transportation, and shall have the authority to reappraise or make adjustments in the appraised fair market value, in accordance with generally accepted professional standards and guidelines. The final review appraiser's determination of the fair market value of the property shall be subject to the approval of the commissioner or the commissioner's designee; and (vi) The department's final determination of the fair market value of the property is subject to the concurrence of the commissioner of general services; (D) Notwithstanding any law to the contrary, if the department of transportation's staff appraisal of a tract of surplus real property under subdivision (a)(8)(C)(ii) is equal to or less than ten thousand dollars ($10,000), the department may transfer its interest in the property to any legal governmental body for the appraised value of the property, subject to the former owner's right of first refusal under subdivision (a)(8)(B), without further appraisal or approval under this section, except for the appraisal review provided in subdivision (a)(8)(C)(iv); (9) If property acquired by the department of transportation for a right-of-way through the exercise of eminent domain or otherwise is determined by the commissioner of transportation to be no longer needed by the department of transportation, and the excess property is not transferred to another state agency or conveyed to some other legal governmental body as provided in this section, and the excess property is not disposed of in accordance with subdivision (a)(8), the excess property shall be disposed of by the department of general services in accordance with the following procedures: (A) The excess property shall be sold to any adjoining property owner or the former owner of that property at fair market value. All funds collected from the sale of the property shall be paid into the highway fund, as provided in subdivision (a)(7); (B) The costs associated with the conveyance of the land, including, but not limited to, the cost of appraising and surveying the property, shall be reimbursed to the state by the purchaser of the property; (C) Any conveyance of the property made pursuant to this subsection (a) shall be subject to approval in advance by the state building commission; (D) If no adjoining property owner or the former owner of that property is able and willing to purchase the excess property at fair market value, then the excess property may be disposed of in accordance with existing statutes; (E) For the purposes of this subsection (a), the fair market value of the excess property shall initially be determined by the state through procedures established by the state building commission. If such initial determination of fair market value is deemed unacceptable by the intended purchaser, the fair market value of the excess property shall then be determined by averaging the state's initial determination of fair market value with two (2) additional fair market value appraisals of the excess property. The two (2) additional appraisals shall be performed by two (2) nonassociated appraisers from the locality in which the property is located. The two (2) appraisers shall be mutually agreed upon by the parties to the conveyance; none of the appraisers involved shall have any personal or financial interest in the conveyance; (F) The former property owner's right shall terminate ten (10) years after the date of acquisition by the department of transportation by conveyance or date of taking in condemnation of the subject property by the department. The former property owner's right shall not transfer to such owner's heirs. The former property owner shall have the first right of refusal to purchase the right-of-way. If the former property owner relinquishes such owner's right, the adjoining property owners interested in purchasing the right-of-way shall submit sealed bids with the minimum bid price being the fair market value determined by appraisal; (G) If approved by the department of transportation, and the federal highway administration where required by federal law, the department of general services may accept real property in exchange for the excess real property conveyed if the replacement property is at least equal in fair market value to the excess property being replaced. The fair market value of the replacement property shall be determined in accordance with the procedures for determining the fair market value of the excess property established in this subdivision (a)(9); (10) Notwithstanding any provision to the contrary, any funds collected from the lease of surplus state real property for communications relay apparatus or antennae sites that would otherwise be paid into the general fund of the state pursuant to subdivision (a)(7) shall be specifically earmarked for maintenance of state park facilities, including furniture, fixtures and equipment. Any such funds that are unencumbered or unexpended at the end of any fiscal year shall not revert to the state general fund, but shall be carried forward until expended for the purposes stated in this section; (11) (A) Notwithstanding subdivision (a)(9) or any other law to the contrary, when and if the state transfers to the local government in which any tract or combination of tracts of property which are contiguous to one another and exceed twenty (20) acres in size and which were acquired by the department of transportation as part of an uncompleted and cancelled interstate and defense highway right-of-way in a county with a population in excess of eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census, is located, the transfer shall be subject to final approval by the state building commission and shall only be used for redevelopment pursuant to subdivision (a)(11)(B); (B) Any property transferred pursuant to subdivision (a)(11)(A) shall be subject to the following restrictions: (i) Development by the local government of a flowering-tree landscaped parkway-type roadway in accordance with title 54, chapter 17, part 1; (ii) Development of the remaining property, with priority given to subdivision (a)(11)(B)(ii)( a ), for: (a) Housing; provided, that some of the land is used for development of affordable housing with the needs of the community for affordable housing properly addressed in that use; (b) School land; (c) Park land; (d) Public spaces; and (e) Associated mixed-use neighborhood uses; and (iii) The roadway involved herein from the end of Sam Cooper Boulevard to East Parkway and all the land involved herein shall conform to the limitations regulating scenic highways as in § 54-17-109 , except for § 54-17-109(11) ; and (12) Notwithstanding any provisions of this section to the contrary, if property acquired by or for the use of the department of transportation for right-of-way has not been disposed of in accordance with subdivision (a)(8) or (a)(9) and no person or entity, including the former owner of that property, has been able and willing to purchase the property within five (5) years after the date the property has been offered for sale by the department of transportation, then the property may be sold at public auction pursuant to rules promulgated by the commissioner of transportation. (b) The commissioner of general services shall notify the house of representatives and senate member or members from the district in which the property to be sold or conveyed is located, and the notification shall be at least twenty (20) days prior to the agreement of sale or conveyance. (c) This section and § 4-15-102 do not apply to timber which is harvested and sold pursuant to bona fide timber management practices. For the purpose of harvesting and selling of timber pursuant to bona fide timber management practices, the timber shall be treated as personal property and sold pursuant to rules and regulations of the procurement commission as provided in part 4 of this chapter. (d) This section and § 4-15-102 do not apply to leasing surplus state real property under crop lease arrangements by the Tennessee wildlife resources agency which shall be responsible for the leasing of such surplus state real property for crop leases, as well as being responsible for the administration of all crop leases; such leasing and administration shall be through procedures reviewed and approved by the state building commission. Amended by 2023 Tenn. Acts, ch. 159, s 36, eff. 4/17/2023. Amended by 2023 Tenn. Acts, ch. 159, s 35, eff. 4/17/2023. Amended by 2022 Tenn. Acts, ch. 738, s 1, eff. 3/24/2022. Amended by 2018 Tenn. Acts, ch. 949, Secs.s 1, s 2, s 3 eff. 5/15/2018. Amended by 2014 Tenn. Acts, ch. 561, s 1, eff. 3/21/2014. Amended by 2013 Tenn. Acts, ch. 454, Secs.s 36, s 37 eff. 5/16/2013. Acts 1953, ch. 258, § 1 (Williams, § 423.25a); 1974, ch. 621, §§ 1, 2; 1976, ch. 564, § 1; 1977, ch. 37, § 1; T.C.A. (orig. ed.), § 12-212; Acts 1981, ch. 184, §§ 1-7; 1981, ch. 332, § 27; 1984, ch. 790, § 1; 1984, ch. 872, § 1; 1985, ch. 291, § 1; 1986, ch. 662, §§ 1, 2; 1989, ch. 249, §§ 1-3; 1991, ch. 498, § 6; 1993, ch. 159, § 1; 1997 , ch. 402, §§ 1 - 5; 1998, ch. 985, § 1; 1999, ch. 448, § 1; 2000, ch. 966, §§ 1, 2; 2006, ch. 649, § 1; 2007 , ch. 118, §§ 1 - 3; 2010 , ch. 985, §§ 1 - 3; 2011 , ch. 295, § 19.
(a) The commissioner of general services, with the approval of the governor and attorney general and reporter, may sell, lease or otherwise convey any interest in surplus state real property according to the following provisions: (1) Real property shall not be sold in fee, and any interest or rights in minerals, coal, natural gas, oil, timber and any other energy related resources shall not be conveyed if there is any feasible use for the property by any state agency, as determined by the governor, the attorney general and reporter and the commissioner of general services. Should the state agency have an approved use for the property, the commissioner is authorized to transfer jurisdiction to the appropriate agency at no cost; (2) As to sales in fee, and to a conveyance of an interest or rights in minerals, coal, natural gas, oil, timber, and other energy-related resources, such property must be appraised by an independent, qualified appraiser, wholly disconnected from state government or other legal governmental entity except as may otherwise be determined by the state building commission. The state building commission may require a second appraisal to be completed by a qualified appraiser, wholly disconnected from the first appraiser, prior to the disposal of the property; (3) As to sales in fee, and to any conveyance of any interest or rights in minerals, coal, natural gas, oil, timber and any other energy-related resources, such surplus property having an average appraised value exceeding twenty-five thousand dollars ($25,000) shall be advertised not less than one (1) time in a newspaper which is local with respect to the property to be sold and once in a newspaper in either Nashville, Memphis, Chattanooga or Knoxville, whichever is nearest by air; provided, that if one (1) of these four (4) cities is the situs of the property to be sold, advertisement shall be made twice within a two-week period. Any interest or rights in minerals, coal, natural gas, oil, timber and any other energy-related resources shall be sold by the sealed bid method with the condition that the state shall have the right to refuse any and all bids. Fee interests in real property shall be sold by the sealed bid method or by public auction in accordance with policies established by the state building commission, with the condition that the state shall have the rights to refuse any and all bids. As used in this subdivision (a)(3), "public auction" may include, without limitation, internet auctions and in-person auctions so long as such auctions are open for participation by the public at large. Upon the approval of the governor, the attorney general and reporter, and the commissioner, the successful bidder will be notified of the intent to award within a period of forty-five (45) days commencing from the date of bid openings; (4) All interests in real property other than the fee interest, including, but not limited to, leases, easements and rights-of-way, shall be disposed of in accordance with policies established by the state building commission, including advertisement and appraisal where deemed appropriate by the state building commission; provided, however, that, if the property was acquired by or for the use of the department of transportation for right-of-way, then the department of transportation may convey the interests in the property by negotiated sale or disposal to any legal governmental body for a public use purpose, subject to reversion to the department of transportation for failure to continue public ownership and use, or to the former owner or an adjoining owner for fair market value, in accordance with procedures established in subdivision (a)(8). If approved by the department of transportation, and the federal highway administration where required by federal law, a functional replacement of real property may be considered to continue public ownership and use, and shall not be subject to reversion to the department of transportation, if the replacement property is at least equal in fair market value to the property being replaced. For the purposes of this subdivision (a)(4), a functional replacement of real property means real property that serves the same function as the real property conveyed by the state by providing equivalent utility, as determined by the department of transportation, and the federal highway administration where required by federal law. The fair market value of the replacement property shall be determined in accordance with the procedures for determining the fair market value of the surplus property established in subdivision (a)(8). This subdivision (a)(4) shall not apply to the disposal or conveyance in any manner of any interest or rights in minerals, coal, natural gas, oil, timber and any other energy related resources; provided, that the commission shall have authority to promulgate rules and regulations over the disposal or conveyances pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; (5) Subdivisions (a)(2) and (3) may be waived to permit the negotiated sale of any such property to any legal governmental body for a public use purpose, and, further, to permit any other negotiated sale or disposal without advertisement or appraisal as the state building commission may deem in the best interest of the state. Subdivisions (a)(2) and (3) may also be waived to permit the commissioner, with the approval of the attorney general and reporter and the governor, to grant such easements and rights-of-way as are deemed necessary to provide services for the benefit of the state agency, department or institution or of the general public; (6) The final conveyance of any property shall be effective to vest in the purchaser thereof such title as the state shall have in the premises; the state shall not be liable upon any covenant of warranty or seisin irrespective of whether or not the same is contained in such conveyance; (7) The funds so collected from the sale and conveyance of such property not otherwise specified shall be paid into the general fund of the state; provided, that all expenses incurred during such sale shall be paid from the proceeds and the balance of such proceeds shall be deposited into the general fund, except where otherwise provided by law. In instances in which other law specifies that the proceeds be deposited into a fund other than the general fund or into a special account in the general fund, the expenses of such sale or conveyance shall be paid from such other fund or special account. The funds so collected from the sale and conveyance of any property which has been deemed surplus right-of-way held for the use or benefit of the department of transportation shall be paid into the highway fund, and all expenses incurred during such sale shall be paid from the highway fund; (8) (A) If the property was acquired by or for the use of the department of transportation for right-of-way, if its fair market value does not exceed two hundred fifty thousand dollars ($250,000) or such amounts in excess of two hundred fifty thousand dollars ($250,000) as may be approved by the state building commission, and if any adjoining property owner or the former owner of that property wishes to purchase the property, or if a legal governmental body wishes to acquire the property for a public use purpose under this subdivision (a)(8)(A) or subdivision (a)(8)(B), or if a legal governmental body wishes to acquire the property for fair market value as provided in subdivision (a)(8)(D), then this subdivision (a)(8) shall apply, notwithstanding any other provision of this section. Instead, the commissioner of transportation is authorized to declare the property surplus if the commissioner determines that the purpose of its acquisition has been completed and that the property is no longer needed by the department of transportation or another state agency, and may sell it to any adjoining property owner or the former owner of that property, for an amount representing not less than the fair market value, together with costs; provided, however, that the department of transportation may convey the property or any interest in the property by negotiated sale or disposal to any legal governmental body for a public use purpose, subject to reversion to the department of transportation for failure to continue public ownership and use. If approved by the department of transportation, and the federal highway administration where required by federal law, the department of transportation may accept real property in exchange for the surplus real property conveyed if the replacement property is at least equal in fair market value to the surplus property being replaced. The fair market value of the replacement property shall be determined in accordance with the procedures for determining the fair market value of the surplus property established in this subdivision (a)(8). The commissioner of general services shall concur in the fair market value amount or in the negotiated sale or disposal of the property to a legal governmental body for a public use purpose. If in the judgment of the department of transportation a survey of the property is required, the prospective purchaser shall pay the department of transportation in advance for the cost of the survey; (B) The former property owner's right shall terminate ten (10) years after the date of acquisition by the department of transportation by conveyance or date of taking in condemnation of the subject property by the department. The former property owner's right shall not transfer to the owner's heirs. The former property owner shall have first right of refusal to purchase the right-of-way; provided, however, that the department may convey the property or any interest in the property to a legal governmental body for a public use purpose, subject to reversion to the department of transportation for failure to continue public ownership and use, without offering the former owner a first right of refusal to purchase the property. If the former property owner relinquishes the owner's right or the right has expired, the property may be conveyed to a legal governmental body in accordance with subdivision (a)(8)(D) or to an adjoining property owner. If more than one (1) adjoining property owner is interested in purchasing the right-of-way, the interested adjoining property owners shall submit sealed bids to the department of transportation, with the minimum bid price being the fair market value determined by appraisal, and the property may be conveyed to the adjoining property owner offering the highest responsive bid. The successful bidder shall reimburse any unsuccessful prospective purchaser for survey and appraisal costs incurred in accordance with the requirements of this subdivision (a)(8); (C) For the purposes of this subdivision (a)(8), the fair market value of surplus right-of-way property shall be determined in accordance with the following procedures: (i) The department of transportation shall make a preliminary planning estimate of the fair market value of the property in accordance with procedures that the department may establish; (ii) If the department of transportation's preliminary planning estimate of the fair market value of the property is twenty-five thousand dollars ($25,000) or less, the property shall be appraised by an appraiser on staff with the department of transportation at no cost to the prospective purchaser; (iii) If the department of transportation's preliminary planning estimate or subsequent staff appraisal of the fair market value of the property is greater than twenty-five thousand dollars ($25,000), the property shall be appraised by an independent appraiser whose services shall be procured by the department of transportation in accordance with state law. The independent appraiser must be licensed and certified by the Tennessee real estate appraiser commission and shall be selected from a list of prequalified appraisers approved by the department of transportation. The prospective purchaser shall pay the department of transportation in advance for the cost of the independent appraisal; (iv) The initial appraisal shall be subject to review and approval by the department of transportation in accordance with procedures that the department of transportation may establish. The appraisal review shall be conducted, at the department of transportation's expense, by a review appraiser who is licensed and certified by the Tennessee real estate appraiser commission and who is either employed by or under contract with the department of transportation. The review appraiser shall either approve the initial appraisal or reject the initial appraisal and reappraise the property to determine the fair market value of the property, subject to the approval of the director of the right-of-way division of the department of transportation or the director's designee. If approved by the director or the director's designee, the review appraiser's determination shall be presented to a prospective purchaser as the fair market value of the property; (v) If a prospective purchaser does not accept the appraised fair market value of the property as determined by the review appraiser, the prospective purchaser may request a final review and reconsideration by the commissioner of transportation or the commissioner's designee. The commissioner or the commissioner's designee shall obtain a final review of the appraisal by a review appraiser who is licensed and certified by the Tennessee real estate appraiser commission and who is either employed by or under contract with the department of transportation; provided, however, that the final review appraiser shall not be the same person who previously reviewed the initial appraisal. The prospective purchaser shall be given the opportunity to present information concerning the value of the property for the consideration of the final review appraiser. The final review appraiser shall consider all relevant information, including any appraisal previously performed by or for the department of transportation, and shall have the authority to reappraise or make adjustments in the appraised fair market value, in accordance with generally accepted professional standards and guidelines. The final review appraiser's determination of the fair market value of the property shall be subject to the approval of the commissioner or the commissioner's designee; and (vi) The department's final determination of the fair market value of the property is subject to the concurrence of the commissioner of general services; (D) Notwithstanding any law to the contrary, if the department of transportation's staff appraisal of a tract of surplus real property under subdivision (a)(8)(C)(ii) is equal to or less than ten thousand dollars ($10,000), the department may transfer its interest in the property to any legal governmental body for the appraised value of the property, subject to the former owner's right of first refusal under subdivision (a)(8)(B), without further appraisal or approval under this section, except for the appraisal review provided in subdivision (a)(8)(C)(iv); (9) If property acquired by the department of transportation for a right-of-way through the exercise of eminent domain or otherwise is determined by the commissioner of transportation to be no longer needed by the department of transportation, and the excess property is not transferred to another state agency or conveyed to some other legal governmental body as provided in this section, and the excess property is not disposed of in accordance with subdivision (a)(8), the excess property shall be disposed of by the department of general services in accordance with the following procedures: (A) The excess property shall be sold to any adjoining property owner or the former owner of that property at fair market value. All funds collected from the sale of the property shall be paid into the highway fund, as provided in subdivision (a)(7); (B) The costs associated with the conveyance of the land, including, but not limited to, the cost of appraising and surveying the property, shall be reimbursed to the state by the purchaser of the property; (C) Any conveyance of the property made pursuant to this subsection (a) shall be subject to approval in advance by the state building commission; (D) If no adjoining property owner or the former owner of that property is able and willing to purchase the excess property at fair market value, then the excess property may be disposed of in accordance with existing statutes; (E) For the purposes of this subsection (a), the fair market value of the excess property shall initially be determined by the state through procedures established by the state building commission. If such initial determination of fair market value is deemed unacceptable by the intended purchaser, the fair market value of the excess property shall then be determined by averaging the state's initial determination of fair market value with two (2) additional fair market value appraisals of the excess property. The two (2) additional appraisals shall be performed by two (2) nonassociated appraisers from the locality in which the property is located. The two (2) appraisers shall be mutually agreed upon by the parties to the conveyance; none of the appraisers involved shall have any personal or financial interest in the conveyance; (F) The former property owner's right shall terminate ten (10) years after the date of acquisition by the department of transportation by conveyance or date of taking in condemnation of the subject property by the department. The former property owner's right shall not transfer to such owner's heirs. The former property owner shall have the first right of refusal to purchase the right-of-way. If the former property owner relinquishes such owner's right, the adjoining property owners interested in purchasing the right-of-way shall submit sealed bids with the minimum bid price being the fair market value determined by appraisal; (G) If approved by the department of transportation, and the federal highway administration where required by federal law, the department of general services may accept real property in exchange for the excess real property conveyed if the replacement property is at least equal in fair market value to the excess property being replaced. The fair market value of the replacement property shall be determined in accordance with the procedures for determining the fair market value of the excess property established in this subdivision (a)(9); (10) Notwithstanding any provision to the contrary, any funds collected from the lease of surplus state real property for communications relay apparatus or antennae sites that would otherwise be paid into the general fund of the state pursuant to subdivision (a)(7) shall be specifically earmarked for maintenance of state park facilities, including furniture, fixtures and equipment. Any such funds that are unencumbered or unexpended at the end of any fiscal year shall not revert to the state general fund, but shall be carried forward until expended for the purposes stated in this section; (11) (A) Notwithstanding subdivision (a)(9) or any other law to the contrary, when and if the state transfers to the local government in which any tract or combination of tracts of property which are contiguous to one another and exceed twenty (20) acres in size and which were acquired by the department of transportation as part of an uncompleted and cancelled interstate and defense highway right-of-way in a county with a population in excess of eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census, is located, the transfer shall be subject to final approval by the state building commission and shall only be used for redevelopment pursuant to subdivision (a)(11)(B); (B) Any property transferred pursuant to subdivision (a)(11)(A) shall be subject to the following restrictions: (i) Development by the local government of a flowering-tree landscaped parkway-type roadway in accordance with title 54, chapter 17, part 1; (ii) Development of the remaining property, with priority given to subdivision (a)(11)(B)(ii)( a ), for: (a) Housing; provided, that some of the land is used for development of affordable housing with the needs of the community for affordable housing properly addressed in that use; (b) School land; (c) Park land; (d) Public spaces; and (e) Associated mixed-use neighborhood uses; and (iii) The roadway involved herein from the end of Sam Cooper Boulevard to East Parkway and all the land involved herein shall conform to the limitations regulating scenic highways as in § 54-17-109 , except for § 54-17-109(11) ; and (12) Notwithstanding any provisions of this section to the contrary, if property acquired by or for the use of the department of transportation for right-of-way has not been disposed of in accordance with subdivision (a)(8) or (a)(9) and no person or entity, including the former owner of that property, has been able and willing to purchase the property within five (5) years after the date the property has been offered for sale by the department of transportation, then the property may be sold at public auction pursuant to rules promulgated by the commissioner of transportation.
(1) Real property shall not be sold in fee, and any interest or rights in minerals, coal, natural gas, oil, timber and any other energy related resources shall not be conveyed if there is any feasible use for the property by any state agency, as determined by the governor, the attorney general and reporter and the commissioner of general services. Should the state agency have an approved use for the property, the commissioner is authorized to transfer jurisdiction to the appropriate agency at no cost;
(2) As to sales in fee, and to a conveyance of an interest or rights in minerals, coal, natural gas, oil, timber, and other energy-related resources, such property must be appraised by an independent, qualified appraiser, wholly disconnected from state government or other legal governmental entity except as may otherwise be determined by the state building commission. The state building commission may require a second appraisal to be completed by a qualified appraiser, wholly disconnected from the first appraiser, prior to the disposal of the property;
(3) As to sales in fee, and to any conveyance of any interest or rights in minerals, coal, natural gas, oil, timber and any other energy-related resources, such surplus property having an average appraised value exceeding twenty-five thousand dollars ($25,000) shall be advertised not less than one (1) time in a newspaper which is local with respect to the property to be sold and once in a newspaper in either Nashville, Memphis, Chattanooga or Knoxville, whichever is nearest by air; provided, that if one (1) of these four (4) cities is the situs of the property to be sold, advertisement shall be made twice within a two-week period. Any interest or rights in minerals, coal, natural gas, oil, timber and any other energy-related resources shall be sold by the sealed bid method with the condition that the state shall have the right to refuse any and all bids. Fee interests in real property shall be sold by the sealed bid method or by public auction in accordance with policies established by the state building commission, with the condition that the state shall have the rights to refuse any and all bids. As used in this subdivision (a)(3), "public auction" may include, without limitation, internet auctions and in-person auctions so long as such auctions are open for participation by the public at large. Upon the approval of the governor, the attorney general and reporter, and the commissioner, the successful bidder will be notified of the intent to award within a period of forty-five (45) days commencing from the date of bid openings;
(4) All interests in real property other than the fee interest, including, but not limited to, leases, easements and rights-of-way, shall be disposed of in accordance with policies established by the state building commission, including advertisement and appraisal where deemed appropriate by the state building commission; provided, however, that, if the property was acquired by or for the use of the department of transportation for right-of-way, then the department of transportation may convey the interests in the property by negotiated sale or disposal to any legal governmental body for a public use purpose, subject to reversion to the department of transportation for failure to continue public ownership and use, or to the former owner or an adjoining owner for fair market value, in accordance with procedures established in subdivision (a)(8). If approved by the department of transportation, and the federal highway administration where required by federal law, a functional replacement of real property may be considered to continue public ownership and use, and shall not be subject to reversion to the department of transportation, if the replacement property is at least equal in fair market value to the property being replaced. For the purposes of this subdivision (a)(4), a functional replacement of real property means real property that serves the same function as the real property conveyed by the state by providing equivalent utility, as determined by the department of transportation, and the federal highway administration where required by federal law. The fair market value of the replacement property shall be determined in accordance with the procedures for determining the fair market value of the surplus property established in subdivision (a)(8). This subdivision (a)(4) shall not apply to the disposal or conveyance in any manner of any interest or rights in minerals, coal, natural gas, oil, timber and any other energy related resources; provided, that the commission shall have authority to promulgate rules and regulations over the disposal or conveyances pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5;
(5) Subdivisions (a)(2) and (3) may be waived to permit the negotiated sale of any such property to any legal governmental body for a public use purpose, and, further, to permit any other negotiated sale or disposal without advertisement or appraisal as the state building commission may deem in the best interest of the state. Subdivisions (a)(2) and (3) may also be waived to permit the commissioner, with the approval of the attorney general and reporter and the governor, to grant such easements and rights-of-way as are deemed necessary to provide services for the benefit of the state agency, department or institution or of the general public;
(6) The final conveyance of any property shall be effective to vest in the purchaser thereof such title as the state shall have in the premises; the state shall not be liable upon any covenant of warranty or seisin irrespective of whether or not the same is contained in such conveyance;
(7) The funds so collected from the sale and conveyance of such property not otherwise specified shall be paid into the general fund of the state; provided, that all expenses incurred during such sale shall be paid from the proceeds and the balance of such proceeds shall be deposited into the general fund, except where otherwise provided by law. In instances in which other law specifies that the proceeds be deposited into a fund other than the general fund or into a special account in the general fund, the expenses of such sale or conveyance shall be paid from such other fund or special account. The funds so collected from the sale and conveyance of any property which has been deemed surplus right-of-way held for the use or benefit of the department of transportation shall be paid into the highway fund, and all expenses incurred during such sale shall be paid from the highway fund;
(8) (A) If the property was acquired by or for the use of the department of transportation for right-of-way, if its fair market value does not exceed two hundred fifty thousand dollars ($250,000) or such amounts in excess of two hundred fifty thousand dollars ($250,000) as may be approved by the state building commission, and if any adjoining property owner or the former owner of that property wishes to purchase the property, or if a legal governmental body wishes to acquire the property for a public use purpose under this subdivision (a)(8)(A) or subdivision (a)(8)(B), or if a legal governmental body wishes to acquire the property for fair market value as provided in subdivision (a)(8)(D), then this subdivision (a)(8) shall apply, notwithstanding any other provision of this section. Instead, the commissioner of transportation is authorized to declare the property surplus if the commissioner determines that the purpose of its acquisition has been completed and that the property is no longer needed by the department of transportation or another state agency, and may sell it to any adjoining property owner or the former owner of that property, for an amount representing not less than the fair market value, together with costs; provided, however, that the department of transportation may convey the property or any interest in the property by negotiated sale or disposal to any legal governmental body for a public use purpose, subject to reversion to the department of transportation for failure to continue public ownership and use. If approved by the department of transportation, and the federal highway administration where required by federal law, the department of transportation may accept real property in exchange for the surplus real property conveyed if the replacement property is at least equal in fair market value to the surplus property being replaced. The fair market value of the replacement property shall be determined in accordance with the procedures for determining the fair market value of the surplus property established in this subdivision (a)(8). The commissioner of general services shall concur in the fair market value amount or in the negotiated sale or disposal of the property to a legal governmental body for a public use purpose. If in the judgment of the department of transportation a survey of the property is required, the prospective purchaser shall pay the department of transportation in advance for the cost of the survey; (B) The former property owner's right shall terminate ten (10) years after the date of acquisition by the department of transportation by conveyance or date of taking in condemnation of the subject property by the department. The former property owner's right shall not transfer to the owner's heirs. The former property owner shall have first right of refusal to purchase the right-of-way; provided, however, that the department may convey the property or any interest in the property to a legal governmental body for a public use purpose, subject to reversion to the department of transportation for failure to continue public ownership and use, without offering the former owner a first right of refusal to purchase the property. If the former property owner relinquishes the owner's right or the right has expired, the property may be conveyed to a legal governmental body in accordance with subdivision (a)(8)(D) or to an adjoining property owner. If more than one (1) adjoining property owner is interested in purchasing the right-of-way, the interested adjoining property owners shall submit sealed bids to the department of transportation, with the minimum bid price being the fair market value determined by appraisal, and the property may be conveyed to the adjoining property owner offering the highest responsive bid. The successful bidder shall reimburse any unsuccessful prospective purchaser for survey and appraisal costs incurred in accordance with the requirements of this subdivision (a)(8); (C) For the purposes of this subdivision (a)(8), the fair market value of surplus right-of-way property shall be determined in accordance with the following procedures: (i) The department of transportation shall make a preliminary planning estimate of the fair market value of the property in accordance with procedures that the department may establish; (ii) If the department of transportation's preliminary planning estimate of the fair market value of the property is twenty-five thousand dollars ($25,000) or less, the property shall be appraised by an appraiser on staff with the department of transportation at no cost to the prospective purchaser; (iii) If the department of transportation's preliminary planning estimate or subsequent staff appraisal of the fair market value of the property is greater than twenty-five thousand dollars ($25,000), the property shall be appraised by an independent appraiser whose services shall be procured by the department of transportation in accordance with state law. The independent appraiser must be licensed and certified by the Tennessee real estate appraiser commission and shall be selected from a list of prequalified appraisers approved by the department of transportation. The prospective purchaser shall pay the department of transportation in advance for the cost of the independent appraisal; (iv) The initial appraisal shall be subject to review and approval by the department of transportation in accordance with procedures that the department of transportation may establish. The appraisal review shall be conducted, at the department of transportation's expense, by a review appraiser who is licensed and certified by the Tennessee real estate appraiser commission and who is either employed by or under contract with the department of transportation. The review appraiser shall either approve the initial appraisal or reject the initial appraisal and reappraise the property to determine the fair market value of the property, subject to the approval of the director of the right-of-way division of the department of transportation or the director's designee. If approved by the director or the director's designee, the review appraiser's determination shall be presented to a prospective purchaser as the fair market value of the property; (v) If a prospective purchaser does not accept the appraised fair market value of the property as determined by the review appraiser, the prospective purchaser may request a final review and reconsideration by the commissioner of transportation or the commissioner's designee. The commissioner or the commissioner's designee shall obtain a final review of the appraisal by a review appraiser who is licensed and certified by the Tennessee real estate appraiser commission and who is either employed by or under contract with the department of transportation; provided, however, that the final review appraiser shall not be the same person who previously reviewed the initial appraisal. The prospective purchaser shall be given the opportunity to present information concerning the value of the property for the consideration of the final review appraiser. The final review appraiser shall consider all relevant information, including any appraisal previously performed by or for the department of transportation, and shall have the authority to reappraise or make adjustments in the appraised fair market value, in accordance with generally accepted professional standards and guidelines. The final review appraiser's determination of the fair market value of the property shall be subject to the approval of the commissioner or the commissioner's designee; and (vi) The department's final determination of the fair market value of the property is subject to the concurrence of the commissioner of general services; (D) Notwithstanding any law to the contrary, if the department of transportation's staff appraisal of a tract of surplus real property under subdivision (a)(8)(C)(ii) is equal to or less than ten thousand dollars ($10,000), the department may transfer its interest in the property to any legal governmental body for the appraised value of the property, subject to the former owner's right of first refusal under subdivision (a)(8)(B), without further appraisal or approval under this section, except for the appraisal review provided in subdivision (a)(8)(C)(iv);
(A) If the property was acquired by or for the use of the department of transportation for right-of-way, if its fair market value does not exceed two hundred fifty thousand dollars ($250,000) or such amounts in excess of two hundred fifty thousand dollars ($250,000) as may be approved by the state building commission, and if any adjoining property owner or the former owner of that property wishes to purchase the property, or if a legal governmental body wishes to acquire the property for a public use purpose under this subdivision (a)(8)(A) or subdivision (a)(8)(B), or if a legal governmental body wishes to acquire the property for fair market value as provided in subdivision (a)(8)(D), then this subdivision (a)(8) shall apply, notwithstanding any other provision of this section. Instead, the commissioner of transportation is authorized to declare the property surplus if the commissioner determines that the purpose of its acquisition has been completed and that the property is no longer needed by the department of transportation or another state agency, and may sell it to any adjoining property owner or the former owner of that property, for an amount representing not less than the fair market value, together with costs; provided, however, that the department of transportation may convey the property or any interest in the property by negotiated sale or disposal to any legal governmental body for a public use purpose, subject to reversion to the department of transportation for failure to continue public ownership and use. If approved by the department of transportation, and the federal highway administration where required by federal law, the department of transportation may accept real property in exchange for the surplus real property conveyed if the replacement property is at least equal in fair market value to the surplus property being replaced. The fair market value of the replacement property shall be determined in accordance with the procedures for determining the fair market value of the surplus property established in this subdivision (a)(8). The commissioner of general services shall concur in the fair market value amount or in the negotiated sale or disposal of the property to a legal governmental body for a public use purpose. If in the judgment of the department of transportation a survey of the property is required, the prospective purchaser shall pay the department of transportation in advance for the cost of the survey;
(B) The former property owner's right shall terminate ten (10) years after the date of acquisition by the department of transportation by conveyance or date of taking in condemnation of the subject property by the department. The former property owner's right shall not transfer to the owner's heirs. The former property owner shall have first right of refusal to purchase the right-of-way; provided, however, that the department may convey the property or any interest in the property to a legal governmental body for a public use purpose, subject to reversion to the department of transportation for failure to continue public ownership and use, without offering the former owner a first right of refusal to purchase the property. If the former property owner relinquishes the owner's right or the right has expired, the property may be conveyed to a legal governmental body in accordance with subdivision (a)(8)(D) or to an adjoining property owner. If more than one (1) adjoining property owner is interested in purchasing the right-of-way, the interested adjoining property owners shall submit sealed bids to the department of transportation, with the minimum bid price being the fair market value determined by appraisal, and the property may be conveyed to the adjoining property owner offering the highest responsive bid. The successful bidder shall reimburse any unsuccessful prospective purchaser for survey and appraisal costs incurred in accordance with the requirements of this subdivision (a)(8);
(C) For the purposes of this subdivision (a)(8), the fair market value of surplus right-of-way property shall be determined in accordance with the following procedures: (i) The department of transportation shall make a preliminary planning estimate of the fair market value of the property in accordance with procedures that the department may establish; (ii) If the department of transportation's preliminary planning estimate of the fair market value of the property is twenty-five thousand dollars ($25,000) or less, the property shall be appraised by an appraiser on staff with the department of transportation at no cost to the prospective purchaser; (iii) If the department of transportation's preliminary planning estimate or subsequent staff appraisal of the fair market value of the property is greater than twenty-five thousand dollars ($25,000), the property shall be appraised by an independent appraiser whose services shall be procured by the department of transportation in accordance with state law. The independent appraiser must be licensed and certified by the Tennessee real estate appraiser commission and shall be selected from a list of prequalified appraisers approved by the department of transportation. The prospective purchaser shall pay the department of transportation in advance for the cost of the independent appraisal; (iv) The initial appraisal shall be subject to review and approval by the department of transportation in accordance with procedures that the department of transportation may establish. The appraisal review shall be conducted, at the department of transportation's expense, by a review appraiser who is licensed and certified by the Tennessee real estate appraiser commission and who is either employed by or under contract with the department of transportation. The review appraiser shall either approve the initial appraisal or reject the initial appraisal and reappraise the property to determine the fair market value of the property, subject to the approval of the director of the right-of-way division of the department of transportation or the director's designee. If approved by the director or the director's designee, the review appraiser's determination shall be presented to a prospective purchaser as the fair market value of the property; (v) If a prospective purchaser does not accept the appraised fair market value of the property as determined by the review appraiser, the prospective purchaser may request a final review and reconsideration by the commissioner of transportation or the commissioner's designee. The commissioner or the commissioner's designee shall obtain a final review of the appraisal by a review appraiser who is licensed and certified by the Tennessee real estate appraiser commission and who is either employed by or under contract with the department of transportation; provided, however, that the final review appraiser shall not be the same person who previously reviewed the initial appraisal. The prospective purchaser shall be given the opportunity to present information concerning the value of the property for the consideration of the final review appraiser. The final review appraiser shall consider all relevant information, including any appraisal previously performed by or for the department of transportation, and shall have the authority to reappraise or make adjustments in the appraised fair market value, in accordance with generally accepted professional standards and guidelines. The final review appraiser's determination of the fair market value of the property shall be subject to the approval of the commissioner or the commissioner's designee; and (vi) The department's final determination of the fair market value of the property is subject to the concurrence of the commissioner of general services;
(i) The department of transportation shall make a preliminary planning estimate of the fair market value of the property in accordance with procedures that the department may establish;
(ii) If the department of transportation's preliminary planning estimate of the fair market value of the property is twenty-five thousand dollars ($25,000) or less, the property shall be appraised by an appraiser on staff with the department of transportation at no cost to the prospective purchaser;
(iii) If the department of transportation's preliminary planning estimate or subsequent staff appraisal of the fair market value of the property is greater than twenty-five thousand dollars ($25,000), the property shall be appraised by an independent appraiser whose services shall be procured by the department of transportation in accordance with state law. The independent appraiser must be licensed and certified by the Tennessee real estate appraiser commission and shall be selected from a list of prequalified appraisers approved by the department of transportation. The prospective purchaser shall pay the department of transportation in advance for the cost of the independent appraisal;
(iv) The initial appraisal shall be subject to review and approval by the department of transportation in accordance with procedures that the department of transportation may establish. The appraisal review shall be conducted, at the department of transportation's expense, by a review appraiser who is licensed and certified by the Tennessee real estate appraiser commission and who is either employed by or under contract with the department of transportation. The review appraiser shall either approve the initial appraisal or reject the initial appraisal and reappraise the property to determine the fair market value of the property, subject to the approval of the director of the right-of-way division of the department of transportation or the director's designee. If approved by the director or the director's designee, the review appraiser's determination shall be presented to a prospective purchaser as the fair market value of the property;
(v) If a prospective purchaser does not accept the appraised fair market value of the property as determined by the review appraiser, the prospective purchaser may request a final review and reconsideration by the commissioner of transportation or the commissioner's designee. The commissioner or the commissioner's designee shall obtain a final review of the appraisal by a review appraiser who is licensed and certified by the Tennessee real estate appraiser commission and who is either employed by or under contract with the department of transportation; provided, however, that the final review appraiser shall not be the same person who previously reviewed the initial appraisal. The prospective purchaser shall be given the opportunity to present information concerning the value of the property for the consideration of the final review appraiser. The final review appraiser shall consider all relevant information, including any appraisal previously performed by or for the department of transportation, and shall have the authority to reappraise or make adjustments in the appraised fair market value, in accordance with generally accepted professional standards and guidelines. The final review appraiser's determination of the fair market value of the property shall be subject to the approval of the commissioner or the commissioner's designee; and
(vi) The department's final determination of the fair market value of the property is subject to the concurrence of the commissioner of general services;
(D) Notwithstanding any law to the contrary, if the department of transportation's staff appraisal of a tract of surplus real property under subdivision (a)(8)(C)(ii) is equal to or less than ten thousand dollars ($10,000), the department may transfer its interest in the property to any legal governmental body for the appraised value of the property, subject to the former owner's right of first refusal under subdivision (a)(8)(B), without further appraisal or approval under this section, except for the appraisal review provided in subdivision (a)(8)(C)(iv);
(9) If property acquired by the department of transportation for a right-of-way through the exercise of eminent domain or otherwise is determined by the commissioner of transportation to be no longer needed by the department of transportation, and the excess property is not transferred to another state agency or conveyed to some other legal governmental body as provided in this section, and the excess property is not disposed of in accordance with subdivision (a)(8), the excess property shall be disposed of by the department of general services in accordance with the following procedures: (A) The excess property shall be sold to any adjoining property owner or the former owner of that property at fair market value. All funds collected from the sale of the property shall be paid into the highway fund, as provided in subdivision (a)(7); (B) The costs associated with the conveyance of the land, including, but not limited to, the cost of appraising and surveying the property, shall be reimbursed to the state by the purchaser of the property; (C) Any conveyance of the property made pursuant to this subsection (a) shall be subject to approval in advance by the state building commission; (D) If no adjoining property owner or the former owner of that property is able and willing to purchase the excess property at fair market value, then the excess property may be disposed of in accordance with existing statutes; (E) For the purposes of this subsection (a), the fair market value of the excess property shall initially be determined by the state through procedures established by the state building commission. If such initial determination of fair market value is deemed unacceptable by the intended purchaser, the fair market value of the excess property shall then be determined by averaging the state's initial determination of fair market value with two (2) additional fair market value appraisals of the excess property. The two (2) additional appraisals shall be performed by two (2) nonassociated appraisers from the locality in which the property is located. The two (2) appraisers shall be mutually agreed upon by the parties to the conveyance; none of the appraisers involved shall have any personal or financial interest in the conveyance; (F) The former property owner's right shall terminate ten (10) years after the date of acquisition by the department of transportation by conveyance or date of taking in condemnation of the subject property by the department. The former property owner's right shall not transfer to such owner's heirs. The former property owner shall have the first right of refusal to purchase the right-of-way. If the former property owner relinquishes such owner's right, the adjoining property owners interested in purchasing the right-of-way shall submit sealed bids with the minimum bid price being the fair market value determined by appraisal; (G) If approved by the department of transportation, and the federal highway administration where required by federal law, the department of general services may accept real property in exchange for the excess real property conveyed if the replacement property is at least equal in fair market value to the excess property being replaced. The fair market value of the replacement property shall be determined in accordance with the procedures for determining the fair market value of the excess property established in this subdivision (a)(9);
(A) The excess property shall be sold to any adjoining property owner or the former owner of that property at fair market value. All funds collected from the sale of the property shall be paid into the highway fund, as provided in subdivision (a)(7);
(B) The costs associated with the conveyance of the land, including, but not limited to, the cost of appraising and surveying the property, shall be reimbursed to the state by the purchaser of the property;
(C) Any conveyance of the property made pursuant to this subsection (a) shall be subject to approval in advance by the state building commission;
(D) If no adjoining property owner or the former owner of that property is able and willing to purchase the excess property at fair market value, then the excess property may be disposed of in accordance with existing statutes;
(E) For the purposes of this subsection (a), the fair market value of the excess property shall initially be determined by the state through procedures established by the state building commission. If such initial determination of fair market value is deemed unacceptable by the intended purchaser, the fair market value of the excess property shall then be determined by averaging the state's initial determination of fair market value with two (2) additional fair market value appraisals of the excess property. The two (2) additional appraisals shall be performed by two (2) nonassociated appraisers from the locality in which the property is located. The two (2) appraisers shall be mutually agreed upon by the parties to the conveyance; none of the appraisers involved shall have any personal or financial interest in the conveyance;
(F) The former property owner's right shall terminate ten (10) years after the date of acquisition by the department of transportation by conveyance or date of taking in condemnation of the subject property by the department. The former property owner's right shall not transfer to such owner's heirs. The former property owner shall have the first right of refusal to purchase the right-of-way. If the former property owner relinquishes such owner's right, the adjoining property owners interested in purchasing the right-of-way shall submit sealed bids with the minimum bid price being the fair market value determined by appraisal;
(G) If approved by the department of transportation, and the federal highway administration where required by federal law, the department of general services may accept real property in exchange for the excess real property conveyed if the replacement property is at least equal in fair market value to the excess property being replaced. The fair market value of the replacement property shall be determined in accordance with the procedures for determining the fair market value of the excess property established in this subdivision (a)(9);
(10) Notwithstanding any provision to the contrary, any funds collected from the lease of surplus state real property for communications relay apparatus or antennae sites that would otherwise be paid into the general fund of the state pursuant to subdivision (a)(7) shall be specifically earmarked for maintenance of state park facilities, including furniture, fixtures and equipment. Any such funds that are unencumbered or unexpended at the end of any fiscal year shall not revert to the state general fund, but shall be carried forward until expended for the purposes stated in this section;
(11) (A) Notwithstanding subdivision (a)(9) or any other law to the contrary, when and if the state transfers to the local government in which any tract or combination of tracts of property which are contiguous to one another and exceed twenty (20) acres in size and which were acquired by the department of transportation as part of an uncompleted and cancelled interstate and defense highway right-of-way in a county with a population in excess of eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census, is located, the transfer shall be subject to final approval by the state building commission and shall only be used for redevelopment pursuant to subdivision (a)(11)(B); (B) Any property transferred pursuant to subdivision (a)(11)(A) shall be subject to the following restrictions: (i) Development by the local government of a flowering-tree landscaped parkway-type roadway in accordance with title 54, chapter 17, part 1; (ii) Development of the remaining property, with priority given to subdivision (a)(11)(B)(ii)( a ), for: (a) Housing; provided, that some of the land is used for development of affordable housing with the needs of the community for affordable housing properly addressed in that use; (b) School land; (c) Park land; (d) Public spaces; and (e) Associated mixed-use neighborhood uses; and (iii) The roadway involved herein from the end of Sam Cooper Boulevard to East Parkway and all the land involved herein shall conform to the limitations regulating scenic highways as in § 54-17-109 , except for § 54-17-109(11) ; and
(A) Notwithstanding subdivision (a)(9) or any other law to the contrary, when and if the state transfers to the local government in which any tract or combination of tracts of property which are contiguous to one another and exceed twenty (20) acres in size and which were acquired by the department of transportation as part of an uncompleted and cancelled interstate and defense highway right-of-way in a county with a population in excess of eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census, is located, the transfer shall be subject to final approval by the state building commission and shall only be used for redevelopment pursuant to subdivision (a)(11)(B);
(B) Any property transferred pursuant to subdivision (a)(11)(A) shall be subject to the following restrictions: (i) Development by the local government of a flowering-tree landscaped parkway-type roadway in accordance with title 54, chapter 17, part 1; (ii) Development of the remaining property, with priority given to subdivision (a)(11)(B)(ii)( a ), for: (a) Housing; provided, that some of the land is used for development of affordable housing with the needs of the community for affordable housing properly addressed in that use; (b) School land; (c) Park land; (d) Public spaces; and (e) Associated mixed-use neighborhood uses; and (iii) The roadway involved herein from the end of Sam Cooper Boulevard to East Parkway and all the land involved herein shall conform to the limitations regulating scenic highways as in § 54-17-109 , except for § 54-17-109(11) ; and
(i) Development by the local government of a flowering-tree landscaped parkway-type roadway in accordance with title 54, chapter 17, part 1;
(ii) Development of the remaining property, with priority given to subdivision (a)(11)(B)(ii)( a ), for: (a) Housing; provided, that some of the land is used for development of affordable housing with the needs of the community for affordable housing properly addressed in that use; (b) School land; (c) Park land; (d) Public spaces; and (e) Associated mixed-use neighborhood uses; and
(a) Housing; provided, that some of the land is used for development of affordable housing with the needs of the community for affordable housing properly addressed in that use;
(b) School land;
(c) Park land;
(d) Public spaces; and
(e) Associated mixed-use neighborhood uses; and
(iii) The roadway involved herein from the end of Sam Cooper Boulevard to East Parkway and all the land involved herein shall conform to the limitations regulating scenic highways as in § 54-17-109 , except for § 54-17-109(11) ; and
(12) Notwithstanding any provisions of this section to the contrary, if property acquired by or for the use of the department of transportation for right-of-way has not been disposed of in accordance with subdivision (a)(8) or (a)(9) and no person or entity, including the former owner of that property, has been able and willing to purchase the property within five (5) years after the date the property has been offered for sale by the department of transportation, then the property may be sold at public auction pursuant to rules promulgated by the commissioner of transportation.
(b) The commissioner of general services shall notify the house of representatives and senate member or members from the district in which the property to be sold or conveyed is located, and the notification shall be at least twenty (20) days prior to the agreement of sale or conveyance.
(c) This section and § 4-15-102 do not apply to timber which is harvested and sold pursuant to bona fide timber management practices. For the purpose of harvesting and selling of timber pursuant to bona fide timber management practices, the timber shall be treated as personal property and sold pursuant to rules and regulations of the procurement commission as provided in part 4 of this chapter.
(d) This section and § 4-15-102 do not apply to leasing surplus state real property under crop lease arrangements by the Tennessee wildlife resources agency which shall be responsible for the leasing of such surplus state real property for crop leases, as well as being responsible for the administration of all crop leases; such leasing and administration shall be through procedures reviewed and approved by the state building commission.
Amended by 2023 Tenn. Acts, ch. 159, s 36, eff. 4/17/2023.
Amended by 2023 Tenn. Acts, ch. 159, s 35, eff. 4/17/2023.
Amended by 2022 Tenn. Acts, ch. 738, s 1, eff. 3/24/2022.
Amended by 2018 Tenn. Acts, ch. 949, Secs.s 1, s 2, s 3 eff. 5/15/2018.
Amended by 2014 Tenn. Acts, ch. 561, s 1, eff. 3/21/2014.
Amended by 2013 Tenn. Acts, ch. 454, Secs.s 36, s 37 eff. 5/16/2013.
Acts 1953, ch. 258, § 1 (Williams, § 423.25a); 1974, ch. 621, §§ 1, 2; 1976, ch. 564, § 1; 1977, ch. 37, § 1; T.C.A. (orig. ed.), § 12-212; Acts 1981, ch. 184, §§ 1-7; 1981, ch. 332, § 27; 1984, ch. 790, § 1; 1984, ch. 872, § 1; 1985, ch. 291, § 1; 1986, ch. 662, §§ 1, 2; 1989, ch. 249, §§ 1-3; 1991, ch. 498, § 6; 1993, ch. 159, § 1; 1997 , ch. 402, §§ 1 - 5; 1998, ch. 985, § 1; 1999, ch. 448, § 1; 2000, ch. 966, §§ 1, 2; 2006, ch. 649, § 1; 2007 , ch. 118, §§ 1 - 3; 2010 , ch. 985, §§ 1 - 3; 2011 , ch. 295, § 19.
Tenn. Code Ann. § 12-4-906 — TN Code / Title 12 / Chapter 4 / Section 12-4-906
Employer to pay employees a wage necessary to meet the federal requirements to obtain federal funds
Status: in_force

If compliance with this part by the state and its political subdivisions, agencies and instrumentalities, relative to a specific contract, project, or program would result in the denial of federal funds that would otherwise be available to the state and its political subdivisions, agencies and instrumentalities, then the state or its political subdivisions, agencies or instrumentalities may require a private employer to pay its employees a wage necessary to meet the federal requirements to obtain the federal funds, but only relative to such contract, project or program. Added by 2013 Tenn. Acts, ch. 280,s 14, eff. 1/1/2014.
If compliance with this part by the state and its political subdivisions, agencies and instrumentalities, relative to a specific contract, project, or program would result in the denial of federal funds that would otherwise be available to the state and its political subdivisions, agencies and instrumentalities, then the state or its political subdivisions, agencies or instrumentalities may require a private employer to pay its employees a wage necessary to meet the federal requirements to obtain the federal funds, but only relative to such contract, project or program.
Added by 2013 Tenn. Acts, ch. 280,s 14, eff. 1/1/2014.
Tenn. Code Ann. § 12-6-104 — TN Code / Title 12 / Chapter 6 / Section 12-6-104
Shipment of acts
Status: in_force

The secretary of state shall cause the acts for the several officers whose offices are not at the capitol to be safely packed and boxed, and to be shipped prepaid in the way most feasible. Code 1858, § 32; Acts 1873, ch. 63; Shan., §§ 44-46; Acts 1923, ch. 101, § 4; mod. Code 1932, §§ 72-74; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 12-604; Acts 1981, ch. 191, § 6.
The secretary of state shall cause the acts for the several officers whose offices are not at the capitol to be safely packed and boxed, and to be shipped prepaid in the way most feasible.
Code 1858, § 32; Acts 1873, ch. 63; Shan., §§ 44-46; Acts 1923, ch. 101, § 4; mod. Code 1932, §§ 72-74; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 12-604; Acts 1981, ch. 191, § 6.
Tenn. Code Ann. § 12-4-117 — TN Code / Title 12 / Chapter 4 / Section 12-4-117
Residency and income requirements for employees prohibited - Exception - Definitions
Status: in_force

(a) Notwithstanding any state law to the contrary, neither the state, its political subdivisions, agencies, or instrumentalities thereof, or any local government shall require a company bidding or contracting to provide services on a public construction project to employ individuals who reside within the jurisdiction of the state or local government or who are within a specific income range, unless otherwise required by federal law. (b) For purposes of this section: (1) "Local government" means any municipality or county, including a county with a metropolitan form of government; and (2) "Public construction project" means any construction project wherein state or local government funds may be appropriated or expended for the purpose of erecting, remodeling, altering, repairing, demolishing, or making any addition to any building; or any construction project for the purpose of building, rebuilding, locating, relocating, or repairing any street, highway, or bridge. Added by 2016 Tenn. Acts, ch. 587,s 1, eff. 3/10/2016.
(a) Notwithstanding any state law to the contrary, neither the state, its political subdivisions, agencies, or instrumentalities thereof, or any local government shall require a company bidding or contracting to provide services on a public construction project to employ individuals who reside within the jurisdiction of the state or local government or who are within a specific income range, unless otherwise required by federal law.
(b) For purposes of this section: (1) "Local government" means any municipality or county, including a county with a metropolitan form of government; and (2) "Public construction project" means any construction project wherein state or local government funds may be appropriated or expended for the purpose of erecting, remodeling, altering, repairing, demolishing, or making any addition to any building; or any construction project for the purpose of building, rebuilding, locating, relocating, or repairing any street, highway, or bridge.
(1) "Local government" means any municipality or county, including a county with a metropolitan form of government; and
(2) "Public construction project" means any construction project wherein state or local government funds may be appropriated or expended for the purpose of erecting, remodeling, altering, repairing, demolishing, or making any addition to any building; or any construction project for the purpose of building, rebuilding, locating, relocating, or repairing any street, highway, or bridge.
Added by 2016 Tenn. Acts, ch. 587,s 1, eff. 3/10/2016.
Tenn. Code Ann. § 12-3-514 — TN Code / Title 12 / Chapter 3 / Section 12-3-514
Protests by aggrieved respondents
Status: in_force

(a) As used in this section: (1) "Protest" means a written objection by a respondent, as defined in § 12-3-201 , challenging a solicitation, an award, or a proposed award of a contract; and (2) "Protesting party" means a respondent, as defined in § 12-3-201 , who has filed a protest. (b) Any respondent who has submitted a response to a solicitation authorized under this chapter and who claims to be aggrieved in connection with the solicitation, award, or proposed award of a contract may protest to the chief procurement officer. The protest shall be submitted in writing within seven (7) calendar days after the earlier of the notice of the award or intent to award the contract is issued. Any issues raised by the protesting party after the seven-day period to protest shall not be considered as part of the protest. A protest based upon the cancellation of a solicitation, in whole or in part, is not actionable and must not be considered. A protest may be filed electronically or by hard-copy with the chief procurement officer, subject to the policies and procedures adopted by the procurement commission. A protest filed electronically must be considered timely upon successful transmission. Upon receipt of a protest of a solicitation, award, or proposed award of a contract, and a protest bond as required in subsection (d), a stay of the solicitation, award, or proposed award shall be in effect until the protest is resolved as provided under this section. (c) The signature of an attorney or a protesting party on a protest constitutes a certification by the signer that the signer has read the protest and that to the best of the signer's knowledge, information, and belief, formed after reasonable inquiry, the protest is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not for any improper purpose, such as to harass, limit competition, or cause unnecessary delay or needless increase in the cost of the procurement or of the litigation. If a protest is signed in violation of this subsection (c), then the chief procurement officer or protest committee, upon motion or upon its own initiative, may impose upon the person who signed the protest, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties, including the affected state agency, the amount of the reasonable expenses, including reasonable attorneys' fees incurred from the filing of the protest. (d) A party who submits a protest to the chief procurement officer, or who submits an appeal of a protest decision to the protest committee, must contemporaneously submit a protest bond. Without a contemporaneously submitted protest bond, such a protest or appeal is not actionable. As determined by the chief procurement officer, a protest bond must be payable to this state in the amount of: (1) Five percent (5%) of the lowest bid or cost proposal evaluated; (2) Five percent (5%) of the maximum liability or estimated maximum liability provided in the solicitation; (3) Five percent (5%) of the estimated maximum revenue, if the solicitation, award, or proposed award is for a contract in which this state receives revenue; or (4) For no-cost contracts, an amount to be determined by the chief procurement officer. (e) The protest bond shall be in form and substance acceptable to the state and shall be surrendered to the state after the protesting party has had an opportunity to oppose the payment of the protest bond and after a finding by the chief procurement officer or the protest committee that: (1) The protest was signed, before or after appeal to the chief procurement officer or protest committee, in violation of subsection (c); (2) The protest has been brought or pursued in bad faith; (3) The affected state agency has suffered damages resulting in a loss of funding, increased expenditures, or a disruption in services; the protest was filed in bad faith or in violation of subsection (c); and the protest was not upheld; (4) The protest did not state on its face a valid basis for protest; or (5) For any other reason approved by the chief procurement officer or the protest committee. (f) The chief procurement officer shall hold the protest bond for at least eleven (11) calendar days after the date of the final determination of the protest by the chief procurement officer. If a protesting party appeals the chief procurement officer's determination to the protest committee, then the chief procurement officer shall hold the protest bond until instructed by the protest committee to either keep the bond, as set forth in subsection (d), or return it to the protesting party. (g) At the time of filing a notice of a protest of a solicitation, award, or proposed award of a contract in which the estimated maximum liability, estimated maximum revenue, or lowest evaluated cost proposal is less than one million dollars ($1,000,000), a minority-owned business, woman-owned business, Tennessee service-disabled veteran-owned business, business owned by persons with disabilities, or small business, as those terms are defined in § 12-3-1102 , may submit a written petition for exemption from the protest bond requirement of subsection (d). The petition may be submitted electronically or by hard-copy, subject to the policies and procedures adopted by the procurement commission. The petition shall include clear evidence of status as a minority-owned business, woman-owned business, Tennessee service-disabled veteran-owned business, business owned by persons with disabilities, or small business. After receipt of the petition by the central procurement office, the chief procurement officer has seven (7) calendar days in which to make a determination. If an exemption from the protest bond requirement is granted, then the protest shall proceed as though the bond were posted. If the chief procurement officer denies an exemption from the protest bond requirement, then the protesting party shall post the protest bond with the chief procurement officer as required in subsection (d) within five (5) calendar days of the determination. (h) The chief procurement officer, in consultation with the head of the state agency, has authority to resolve the protest. The chief procurement officer shall resolve the protest within sixty (60) calendar days after a protest is filed. The final determination of the chief procurement officer shall be made in writing and submitted to the protesting party, the protest committee, and the comptroller of the treasury. A petition for exemption from the requirement to post a protest bond under subsection (d) may be submitted electronically or by hard-copy, subject to the policies and procedures of the procurement commission. If the chief procurement officer fails to resolve the protest within sixty (60) calendar days, then the protesting party may request that the protest committee meet to consider the protest. The chief procurement officer shall provide the minutes of the protest proceedings to each committee member and to the comptroller of the treasury and shall post the final determination within fifteen (15) business days to the website of the central procurement office. A request for consideration before the protest committee shall be made in writing within seven (7) calendar days from the date of the chief procurement officer's final determination or within seven (7) calendar days following the chief procurement officer's failure to resolve the protest within sixty (60) calendar days after receipt of the protest. The protest committee shall resolve a request for consideration within sixty (60) calendar days of receipt of the request for consideration. (i) A stay made pursuant to subsection (b) shall not be lifted unless, after giving the protesting party an opportunity to be heard, the chief procurement officer or the protest committee makes a written determination that continuation of the procurement process or the award of the contract without further delay is necessary to protect the interests of the state. (j) Nothing in this section requires a contested case hearing as set forth in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. A protesting party shall exhaust all administrative remedies provided in this section prior to the initiation of any judicial review of a protest. (k) If a protest is received by the state subsequent to a contract executed pursuant to a procurement process, then the Tennessee claims commission has exclusive jurisdiction to determine all monetary claims against the state, including, but not limited to, claims for the negligent deprivation of statutory rights pursuant to § 9-8-307(a)(1)(N) . (l) Protests appealed to the chancery court from the protest committee shall be by common law writ of certiorari. The scope of review in the proceedings shall be limited to the record made before the protest committee and shall involve only an inquiry into whether the protest committee exceeded its jurisdiction, followed an unlawful procedure, or acted illegally, fraudulently, or arbitrarily without material evidence to support its action. Supplementation of the record of the protest and the protest committee and any discovery relating thereto, is expressly prohibited unless mutually agreed to by the parties. (m) The procurement commission is authorized to promulgate necessary rules in accordance with the Uniform Administrative Procedures Act, as well as policies and procedures, to implement this section. (n) (1) A protesting party must show by clear and convincing evidence that the facts and grounds set forth in the protest warrant either of the following actions by the chief procurement officer: (A) The award of a contract to a protesting party; or (B) The cancellation of a solicitation, whether in whole or in part. (2) A protest filed pursuant to this section is not actionable if the protest is based upon the following grounds, in whole or in part: (A) Variances in scoring, absent proof of prejudice or bias by a member of the evaluation panel; (B) Allegations of violations of ethical standards and policies, including conflicts of interest or organizational conflicts of interest, absent proof of an actual violation or proof of an existing conflict of interest or organizational conflict of interest that has not been disclosed to and resolved by the chief procurement officer as set forth in the rules, policies, and procedures of the central procurement office and the procurement commission; (C) An objection to a solicitation made prior to the award of a contract or intent to award a contract and based on facts known to a protesting party, unless notice is given to the central procurement office during the procurement process; or (D) Clarifications to solicitations, as approved by the chief procurement officer. (o) A protesting party lacks standing to protest the award of a contract or intent to award a contract if the protesting party failed to do any of the following: (1) Follow the terms of the solicitation; (2) Submit a response or other required documents, samples, descriptive literature, or materials in the manner and by the time and date specified by the solicitation or by the solicitation coordinator; (3) Post a protest bond in the amount and form required by the chief procurement officer; or (4) State all the facts and grounds supporting a protest of a solicitation authorized under this chapter. Amended by 2024 Tenn. Acts, ch. 634,s 10, eff. 4/2/2024. Amended by 2024 Tenn. Acts, ch. 634,s 9, eff. 4/2/2024. Amended by 2024 Tenn. Acts, ch. 634,s 8, eff. 4/2/2024. Amended by 2024 Tenn. Acts, ch. 634,s 7, eff. 4/2/2024. Amended by 2024 Tenn. Acts, ch. 634,s 6, eff. 4/2/2024. Amended by 2023 Tenn. Acts, ch. 113, Secs.s 1, s 2, s 3, s 4 eff. 4/4/2023. Amended by 2017 Tenn. Acts, ch. 485, s 3, eff. 6/6/2017. Amended by 2015 Tenn. Acts, ch. 272, s 2, eff. 4/28/2015. Added by 2013 Tenn. Acts, ch. 403, s 33, eff. 7/1/2013.
(a) As used in this section: (1) "Protest" means a written objection by a respondent, as defined in § 12-3-201 , challenging a solicitation, an award, or a proposed award of a contract; and (2) "Protesting party" means a respondent, as defined in § 12-3-201 , who has filed a protest.
(1) "Protest" means a written objection by a respondent, as defined in § 12-3-201 , challenging a solicitation, an award, or a proposed award of a contract; and
(2) "Protesting party" means a respondent, as defined in § 12-3-201 , who has filed a protest.
(b) Any respondent who has submitted a response to a solicitation authorized under this chapter and who claims to be aggrieved in connection with the solicitation, award, or proposed award of a contract may protest to the chief procurement officer. The protest shall be submitted in writing within seven (7) calendar days after the earlier of the notice of the award or intent to award the contract is issued. Any issues raised by the protesting party after the seven-day period to protest shall not be considered as part of the protest. A protest based upon the cancellation of a solicitation, in whole or in part, is not actionable and must not be considered. A protest may be filed electronically or by hard-copy with the chief procurement officer, subject to the policies and procedures adopted by the procurement commission. A protest filed electronically must be considered timely upon successful transmission. Upon receipt of a protest of a solicitation, award, or proposed award of a contract, and a protest bond as required in subsection (d), a stay of the solicitation, award, or proposed award shall be in effect until the protest is resolved as provided under this section.
(c) The signature of an attorney or a protesting party on a protest constitutes a certification by the signer that the signer has read the protest and that to the best of the signer's knowledge, information, and belief, formed after reasonable inquiry, the protest is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not for any improper purpose, such as to harass, limit competition, or cause unnecessary delay or needless increase in the cost of the procurement or of the litigation. If a protest is signed in violation of this subsection (c), then the chief procurement officer or protest committee, upon motion or upon its own initiative, may impose upon the person who signed the protest, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties, including the affected state agency, the amount of the reasonable expenses, including reasonable attorneys' fees incurred from the filing of the protest.
(d) A party who submits a protest to the chief procurement officer, or who submits an appeal of a protest decision to the protest committee, must contemporaneously submit a protest bond. Without a contemporaneously submitted protest bond, such a protest or appeal is not actionable. As determined by the chief procurement officer, a protest bond must be payable to this state in the amount of: (1) Five percent (5%) of the lowest bid or cost proposal evaluated; (2) Five percent (5%) of the maximum liability or estimated maximum liability provided in the solicitation; (3) Five percent (5%) of the estimated maximum revenue, if the solicitation, award, or proposed award is for a contract in which this state receives revenue; or (4) For no-cost contracts, an amount to be determined by the chief procurement officer.
(1) Five percent (5%) of the lowest bid or cost proposal evaluated;
(2) Five percent (5%) of the maximum liability or estimated maximum liability provided in the solicitation;
(3) Five percent (5%) of the estimated maximum revenue, if the solicitation, award, or proposed award is for a contract in which this state receives revenue; or
(4) For no-cost contracts, an amount to be determined by the chief procurement officer.
(e) The protest bond shall be in form and substance acceptable to the state and shall be surrendered to the state after the protesting party has had an opportunity to oppose the payment of the protest bond and after a finding by the chief procurement officer or the protest committee that: (1) The protest was signed, before or after appeal to the chief procurement officer or protest committee, in violation of subsection (c); (2) The protest has been brought or pursued in bad faith; (3) The affected state agency has suffered damages resulting in a loss of funding, increased expenditures, or a disruption in services; the protest was filed in bad faith or in violation of subsection (c); and the protest was not upheld; (4) The protest did not state on its face a valid basis for protest; or (5) For any other reason approved by the chief procurement officer or the protest committee.
(1) The protest was signed, before or after appeal to the chief procurement officer or protest committee, in violation of subsection (c);
(2) The protest has been brought or pursued in bad faith;
(3) The affected state agency has suffered damages resulting in a loss of funding, increased expenditures, or a disruption in services; the protest was filed in bad faith or in violation of subsection (c); and the protest was not upheld;
(4) The protest did not state on its face a valid basis for protest; or
(5) For any other reason approved by the chief procurement officer or the protest committee.
(f) The chief procurement officer shall hold the protest bond for at least eleven (11) calendar days after the date of the final determination of the protest by the chief procurement officer. If a protesting party appeals the chief procurement officer's determination to the protest committee, then the chief procurement officer shall hold the protest bond until instructed by the protest committee to either keep the bond, as set forth in subsection (d), or return it to the protesting party.
(g) At the time of filing a notice of a protest of a solicitation, award, or proposed award of a contract in which the estimated maximum liability, estimated maximum revenue, or lowest evaluated cost proposal is less than one million dollars ($1,000,000), a minority-owned business, woman-owned business, Tennessee service-disabled veteran-owned business, business owned by persons with disabilities, or small business, as those terms are defined in § 12-3-1102 , may submit a written petition for exemption from the protest bond requirement of subsection (d). The petition may be submitted electronically or by hard-copy, subject to the policies and procedures adopted by the procurement commission. The petition shall include clear evidence of status as a minority-owned business, woman-owned business, Tennessee service-disabled veteran-owned business, business owned by persons with disabilities, or small business. After receipt of the petition by the central procurement office, the chief procurement officer has seven (7) calendar days in which to make a determination. If an exemption from the protest bond requirement is granted, then the protest shall proceed as though the bond were posted. If the chief procurement officer denies an exemption from the protest bond requirement, then the protesting party shall post the protest bond with the chief procurement officer as required in subsection (d) within five (5) calendar days of the determination.
(h) The chief procurement officer, in consultation with the head of the state agency, has authority to resolve the protest. The chief procurement officer shall resolve the protest within sixty (60) calendar days after a protest is filed. The final determination of the chief procurement officer shall be made in writing and submitted to the protesting party, the protest committee, and the comptroller of the treasury. A petition for exemption from the requirement to post a protest bond under subsection (d) may be submitted electronically or by hard-copy, subject to the policies and procedures of the procurement commission. If the chief procurement officer fails to resolve the protest within sixty (60) calendar days, then the protesting party may request that the protest committee meet to consider the protest. The chief procurement officer shall provide the minutes of the protest proceedings to each committee member and to the comptroller of the treasury and shall post the final determination within fifteen (15) business days to the website of the central procurement office. A request for consideration before the protest committee shall be made in writing within seven (7) calendar days from the date of the chief procurement officer's final determination or within seven (7) calendar days following the chief procurement officer's failure to resolve the protest within sixty (60) calendar days after receipt of the protest. The protest committee shall resolve a request for consideration within sixty (60) calendar days of receipt of the request for consideration.
(i) A stay made pursuant to subsection (b) shall not be lifted unless, after giving the protesting party an opportunity to be heard, the chief procurement officer or the protest committee makes a written determination that continuation of the procurement process or the award of the contract without further delay is necessary to protect the interests of the state.
(j) Nothing in this section requires a contested case hearing as set forth in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. A protesting party shall exhaust all administrative remedies provided in this section prior to the initiation of any judicial review of a protest.
(k) If a protest is received by the state subsequent to a contract executed pursuant to a procurement process, then the Tennessee claims commission has exclusive jurisdiction to determine all monetary claims against the state, including, but not limited to, claims for the negligent deprivation of statutory rights pursuant to § 9-8-307(a)(1)(N) .
(l) Protests appealed to the chancery court from the protest committee shall be by common law writ of certiorari. The scope of review in the proceedings shall be limited to the record made before the protest committee and shall involve only an inquiry into whether the protest committee exceeded its jurisdiction, followed an unlawful procedure, or acted illegally, fraudulently, or arbitrarily without material evidence to support its action. Supplementation of the record of the protest and the protest committee and any discovery relating thereto, is expressly prohibited unless mutually agreed to by the parties.
(m) The procurement commission is authorized to promulgate necessary rules in accordance with the Uniform Administrative Procedures Act, as well as policies and procedures, to implement this section.
(n) (1) A protesting party must show by clear and convincing evidence that the facts and grounds set forth in the protest warrant either of the following actions by the chief procurement officer: (A) The award of a contract to a protesting party; or (B) The cancellation of a solicitation, whether in whole or in part. (2) A protest filed pursuant to this section is not actionable if the protest is based upon the following grounds, in whole or in part: (A) Variances in scoring, absent proof of prejudice or bias by a member of the evaluation panel; (B) Allegations of violations of ethical standards and policies, including conflicts of interest or organizational conflicts of interest, absent proof of an actual violation or proof of an existing conflict of interest or organizational conflict of interest that has not been disclosed to and resolved by the chief procurement officer as set forth in the rules, policies, and procedures of the central procurement office and the procurement commission; (C) An objection to a solicitation made prior to the award of a contract or intent to award a contract and based on facts known to a protesting party, unless notice is given to the central procurement office during the procurement process; or (D) Clarifications to solicitations, as approved by the chief procurement officer.
(1) A protesting party must show by clear and convincing evidence that the facts and grounds set forth in the protest warrant either of the following actions by the chief procurement officer: (A) The award of a contract to a protesting party; or (B) The cancellation of a solicitation, whether in whole or in part.
(A) The award of a contract to a protesting party; or
(B) The cancellation of a solicitation, whether in whole or in part.
(2) A protest filed pursuant to this section is not actionable if the protest is based upon the following grounds, in whole or in part: (A) Variances in scoring, absent proof of prejudice or bias by a member of the evaluation panel; (B) Allegations of violations of ethical standards and policies, including conflicts of interest or organizational conflicts of interest, absent proof of an actual violation or proof of an existing conflict of interest or organizational conflict of interest that has not been disclosed to and resolved by the chief procurement officer as set forth in the rules, policies, and procedures of the central procurement office and the procurement commission; (C) An objection to a solicitation made prior to the award of a contract or intent to award a contract and based on facts known to a protesting party, unless notice is given to the central procurement office during the procurement process; or (D) Clarifications to solicitations, as approved by the chief procurement officer.
(A) Variances in scoring, absent proof of prejudice or bias by a member of the evaluation panel;
(B) Allegations of violations of ethical standards and policies, including conflicts of interest or organizational conflicts of interest, absent proof of an actual violation or proof of an existing conflict of interest or organizational conflict of interest that has not been disclosed to and resolved by the chief procurement officer as set forth in the rules, policies, and procedures of the central procurement office and the procurement commission;
(C) An objection to a solicitation made prior to the award of a contract or intent to award a contract and based on facts known to a protesting party, unless notice is given to the central procurement office during the procurement process; or
(D) Clarifications to solicitations, as approved by the chief procurement officer.
(o) A protesting party lacks standing to protest the award of a contract or intent to award a contract if the protesting party failed to do any of the following: (1) Follow the terms of the solicitation; (2) Submit a response or other required documents, samples, descriptive literature, or materials in the manner and by the time and date specified by the solicitation or by the solicitation coordinator; (3) Post a protest bond in the amount and form required by the chief procurement officer; or (4) State all the facts and grounds supporting a protest of a solicitation authorized under this chapter.
(1) Follow the terms of the solicitation;
(2) Submit a response or other required documents, samples, descriptive literature, or materials in the manner and by the time and date specified by the solicitation or by the solicitation coordinator;
(3) Post a protest bond in the amount and form required by the chief procurement officer; or
(4) State all the facts and grounds supporting a protest of a solicitation authorized under this chapter.
Amended by 2024 Tenn. Acts, ch. 634,s 10, eff. 4/2/2024.
Amended by 2024 Tenn. Acts, ch. 634,s 9, eff. 4/2/2024.
Amended by 2024 Tenn. Acts, ch. 634,s 8, eff. 4/2/2024.
Amended by 2024 Tenn. Acts, ch. 634,s 7, eff. 4/2/2024.
Amended by 2024 Tenn. Acts, ch. 634,s 6, eff. 4/2/2024.
Amended by 2023 Tenn. Acts, ch. 113, Secs.s 1, s 2, s 3, s 4 eff. 4/4/2023.
Amended by 2017 Tenn. Acts, ch. 485, s 3, eff. 6/6/2017.
Amended by 2015 Tenn. Acts, ch. 272, s 2, eff. 4/28/2015.
Added by 2013 Tenn. Acts, ch. 403, s 33, eff. 7/1/2013.
Tenn. Code Ann. § 12-2-415 — TN Code / Title 12 / Chapter 2 / Section 12-2-415
State surplus property disposition regulation
Status: in_force

All arrangements, contracts, agreements, trusts, or combinations between persons or corporations made with a view to lessen, or which tend to lessen, full and free competition in the disposal of state surplus personal property, under this part, and all arrangements, contracts, agreements, trusts or combinations between persons or corporations designed to, or which tend to, control the price, which the state receives for such property, or the cost to the purchaser of such property, are declared to be against public policy, unlawful, and void. Acts 1976, ch. 799, § 1; T.C.A., § 12-249.
All arrangements, contracts, agreements, trusts, or combinations between persons or corporations made with a view to lessen, or which tend to lessen, full and free competition in the disposal of state surplus personal property, under this part, and all arrangements, contracts, agreements, trusts or combinations between persons or corporations designed to, or which tend to, control the price, which the state receives for such property, or the cost to the purchaser of such property, are declared to be against public policy, unlawful, and void.
Acts 1976, ch. 799, § 1; T.C.A., § 12-249.
Tenn. Code Ann. § 12-3-1110 — TN Code / Title 12 / Chapter 3 / Section 12-3-1110
Preference to in-state coal mining companies
Status: in_force

Notwithstanding any provision of law to the contrary, all state agencies, departments, boards, commissions, institutions, institutions of higher education, schools and all other state entities shall purchase coal mined in this state if such coal is available at a delivered price that is equal to or less than coal mined outside the state. Added by 2013 Tenn. Acts, ch. 403,s 67, eff. 7/1/2013.
Notwithstanding any provision of law to the contrary, all state agencies, departments, boards, commissions, institutions, institutions of higher education, schools and all other state entities shall purchase coal mined in this state if such coal is available at a delivered price that is equal to or less than coal mined outside the state.
Added by 2013 Tenn. Acts, ch. 403,s 67, eff. 7/1/2013.
Tenn. Code Ann. § 12-4-415 — TN Code / Title 12 / Chapter 4 / Section 12-4-415
Rules and regulations
Status: in_force

The commission may promulgate such rules and regulations, neither inconsistent nor contradictory with this part, which it deems necessary to effectuate this part. Acts 1975, ch. 368, § 1; T.C.A., § 12-449.
The commission may promulgate such rules and regulations, neither inconsistent nor contradictory with this part, which it deems necessary to effectuate this part.
Acts 1975, ch. 368, § 1; T.C.A., § 12-449.
Tenn. Code Ann. § 12-4-305 — TN Code / Title 12 / Chapter 4 / Section 12-4-305
Certification of figures - Noncertified statements
Status: in_force

The department of health, in consultation with the comptroller of the treasury, may require that figures submitted by the health care provider be certified by the administrator of the provider and by a licensed public accountant or certified public accountant. The final authority for the determination and certification of figures submitted by the provider to the department shall be the comptroller of the treasury; provided, that any provider that does not submit certified statements, when required, shall be assessed the penalty provided by § 12-4-304 . Acts 1961, ch. 117, § 5; 1974, ch. 487, § 1; T.C.A., § 12-429; Acts 1984, ch. 787, § 5; 1988, ch. 779, § 2.
The department of health, in consultation with the comptroller of the treasury, may require that figures submitted by the health care provider be certified by the administrator of the provider and by a licensed public accountant or certified public accountant. The final authority for the determination and certification of figures submitted by the provider to the department shall be the comptroller of the treasury; provided, that any provider that does not submit certified statements, when required, shall be assessed the penalty provided by § 12-4-304 .
Acts 1961, ch. 117, § 5; 1974, ch. 487, § 1; T.C.A., § 12-429; Acts 1984, ch. 787, § 5; 1988, ch. 779, § 2.
Tenn. Code Ann. § 12-2-120 — TN Code / Title 12 / Chapter 2 / Section 12-2-120
Disposition of proceeds from sale and conveyance of surplus real property or improvements used for operation of state prisons
Status: in_force

Notwithstanding any law to the contrary, proceeds from the sale and conveyance of surplus real property or improvements used for operation of state prisons, if not managed as state office buildings and support facilities revolving fund property, shall be deposited in a reserve for correctional facilities, which hereby is created in the general fund, to be used for capital outlay for replacement facilities of the department of correction and other capital outlay of the department. Amended by 2022 Tenn. Acts, ch. 1131, s 1, eff. 6/1/2022. Added by 2013 Tenn. Acts, ch. 454, s 9, eff. 5/16/2013.
Notwithstanding any law to the contrary, proceeds from the sale and conveyance of surplus real property or improvements used for operation of state prisons, if not managed as state office buildings and support facilities revolving fund property, shall be deposited in a reserve for correctional facilities, which hereby is created in the general fund, to be used for capital outlay for replacement facilities of the department of correction and other capital outlay of the department.
Amended by 2022 Tenn. Acts, ch. 1131, s 1, eff. 6/1/2022.
Added by 2013 Tenn. Acts, ch. 454, s 9, eff. 5/16/2013.
Tenn. Code Ann. § 12-4-602 — TN Code / Title 12 / Chapter 4 / Section 12-4-602
Prohibition on solicitation of government contracts by those convicted of certain offenses
Status: in_force

(a) "Employment on any contract" means to perform services or provide materials to the state or subcontract to perform such services or provide such materials. (b) It is unlawful for the following persons and business organizations to solicit employment on any contract let by the state or by other state entities or any contract funded wholly or in part by the state or by other state entities, for a period of twenty-five (25) years from the date of such person's or organization's conviction, except as provided in §§ 12-4-605 and 12-4-606 : (1) Persons, partnerships, joint ventures, firms or corporations who have pleaded guilty or nolo contendere to or have been convicted of violations of the Sherman Antitrust Act ( 15 U.S.C. § 1 ), mail fraud ( 18 U.S.C. § 1341 ), or any other federal or state criminal statute in connection with any contract let or funded wholly or in part by the state of Tennessee or by other state entities or arising out of official investigation of such offenses; (2) Corporations, publicly or closely held, where any officer, director, shareholder active in management or employee holding a similar managerial position has pleaded guilty or nolo contendere or has been convicted of violations of the Sherman Antitrust Act, mail fraud, or any other federal or state criminal statute in connection with any contract let or funded wholly or in part by the state of Tennessee or by other state entities or arising out of official investigations of such offenses. This subdivision (b)(2) shall be applicable only where such officer, director, shareholder or employee committed such violation while acting as a representative of such corporation; (3) Corporations, publicly or closely held, where any officer, director, shareholder active in management or employee holding a similar managerial position has pleaded guilty or nolo contendere or has been convicted of violations of the Sherman Antitrust Act, mail fraud, or any other federal or state criminal statute in connection with any contract let or funded wholly or in part by the state of Tennessee or by other state entities or arising out of official investigations of such offenses, and where such corporations are formed subsequent to such plea or conviction; (4) Partnerships where any partner has pleaded guilty or nolo contendere or has been convicted of violations of the Sherman Antitrust Act, mail fraud, or any other federal or state criminal statute in connection with any contract let or funded wholly or in part by the state of Tennessee or by other state entities or arising out of official investigations of such offenses. This subdivision (b)(4) shall be applicable only where such partner committed such violation while acting as a representative of such partnership; (5) Partnerships where any partner has pleaded guilty or nolo contendere or has been convicted of violations of the Sherman Antitrust Act, mail fraud, or any other federal or state criminal statute in connection with any contract let or funded in whole or in part by the state of Tennessee or by other state entities or arising out of official investigations of such offenses, and where such partnerships are formed subsequent to such plea or conviction; (6) Joint ventures or other associations where any joint venturer, managing agent, person entitled to share in the proceeds and engaged in the active management thereof, or person holding a managerial position has pleaded guilty or nolo contendere or has been convicted of violations of the Sherman Antitrust Act, mail fraud, or any other federal or state criminal statute in connection with any contract let or funded wholly or in part by the state of Tennessee or by other state entities, or arising out of official investigation of such offenses. This subdivision (b)(6) shall be applicable only where such joint venturer, managing agent, person entitled to share in the proceeds, or person holding an executive position committed such violation while acting as a representative of such joint venture or association; (7) Joint ventures or other associations where any joint venturer, managing agent, person entitled to share in the proceeds and engaged in the active management thereof, or person holding a managerial position has pleaded guilty or nolo contendere or has been convicted of violations of the Sherman Antitrust Act, mail fraud, or any other federal or state criminal statute in connection with any contract let or funded wholly or in part by the state of Tennessee or by other state entities or arising out of official investigations of such offenses, and where such joint ventures or associations are formed subsequent to such plea or conviction; or (8) Succeeding or related corporations, partnerships, joint ventures, or other business organizations which have substantial factual or legal connections, continuity or identity with persons or organizations that have pleaded guilty or nolo contendere or have been convicted of violations of the Sherman Antitrust Act, mail fraud, or any other federal or state criminal statute in connection with any contract let or funded wholly or in part by the state or other state entities or arising out of official investigations of such offenses. Determination of factual or legal connection, continuity or identity under this subdivision (b)(8) shall be made by the attorney general and reporter upon request of the succeeding or related business organization. Acts 1981, ch. 393, § 1.
(a) "Employment on any contract" means to perform services or provide materials to the state or subcontract to perform such services or provide such materials.
(b) It is unlawful for the following persons and business organizations to solicit employment on any contract let by the state or by other state entities or any contract funded wholly or in part by the state or by other state entities, for a period of twenty-five (25) years from the date of such person's or organization's conviction, except as provided in §§ 12-4-605 and 12-4-606 : (1) Persons, partnerships, joint ventures, firms or corporations who have pleaded guilty or nolo contendere to or have been convicted of violations of the Sherman Antitrust Act ( 15 U.S.C. § 1 ), mail fraud ( 18 U.S.C. § 1341 ), or any other federal or state criminal statute in connection with any contract let or funded wholly or in part by the state of Tennessee or by other state entities or arising out of official investigation of such offenses; (2) Corporations, publicly or closely held, where any officer, director, shareholder active in management or employee holding a similar managerial position has pleaded guilty or nolo contendere or has been convicted of violations of the Sherman Antitrust Act, mail fraud, or any other federal or state criminal statute in connection with any contract let or funded wholly or in part by the state of Tennessee or by other state entities or arising out of official investigations of such offenses. This subdivision (b)(2) shall be applicable only where such officer, director, shareholder or employee committed such violation while acting as a representative of such corporation; (3) Corporations, publicly or closely held, where any officer, director, shareholder active in management or employee holding a similar managerial position has pleaded guilty or nolo contendere or has been convicted of violations of the Sherman Antitrust Act, mail fraud, or any other federal or state criminal statute in connection with any contract let or funded wholly or in part by the state of Tennessee or by other state entities or arising out of official investigations of such offenses, and where such corporations are formed subsequent to such plea or conviction; (4) Partnerships where any partner has pleaded guilty or nolo contendere or has been convicted of violations of the Sherman Antitrust Act, mail fraud, or any other federal or state criminal statute in connection with any contract let or funded wholly or in part by the state of Tennessee or by other state entities or arising out of official investigations of such offenses. This subdivision (b)(4) shall be applicable only where such partner committed such violation while acting as a representative of such partnership; (5) Partnerships where any partner has pleaded guilty or nolo contendere or has been convicted of violations of the Sherman Antitrust Act, mail fraud, or any other federal or state criminal statute in connection with any contract let or funded in whole or in part by the state of Tennessee or by other state entities or arising out of official investigations of such offenses, and where such partnerships are formed subsequent to such plea or conviction; (6) Joint ventures or other associations where any joint venturer, managing agent, person entitled to share in the proceeds and engaged in the active management thereof, or person holding a managerial position has pleaded guilty or nolo contendere or has been convicted of violations of the Sherman Antitrust Act, mail fraud, or any other federal or state criminal statute in connection with any contract let or funded wholly or in part by the state of Tennessee or by other state entities, or arising out of official investigation of such offenses. This subdivision (b)(6) shall be applicable only where such joint venturer, managing agent, person entitled to share in the proceeds, or person holding an executive position committed such violation while acting as a representative of such joint venture or association; (7) Joint ventures or other associations where any joint venturer, managing agent, person entitled to share in the proceeds and engaged in the active management thereof, or person holding a managerial position has pleaded guilty or nolo contendere or has been convicted of violations of the Sherman Antitrust Act, mail fraud, or any other federal or state criminal statute in connection with any contract let or funded wholly or in part by the state of Tennessee or by other state entities or arising out of official investigations of such offenses, and where such joint ventures or associations are formed subsequent to such plea or conviction; or (8) Succeeding or related corporations, partnerships, joint ventures, or other business organizations which have substantial factual or legal connections, continuity or identity with persons or organizations that have pleaded guilty or nolo contendere or have been convicted of violations of the Sherman Antitrust Act, mail fraud, or any other federal or state criminal statute in connection with any contract let or funded wholly or in part by the state or other state entities or arising out of official investigations of such offenses. Determination of factual or legal connection, continuity or identity under this subdivision (b)(8) shall be made by the attorney general and reporter upon request of the succeeding or related business organization.
(1) Persons, partnerships, joint ventures, firms or corporations who have pleaded guilty or nolo contendere to or have been convicted of violations of the Sherman Antitrust Act ( 15 U.S.C. § 1 ), mail fraud ( 18 U.S.C. § 1341 ), or any other federal or state criminal statute in connection with any contract let or funded wholly or in part by the state of Tennessee or by other state entities or arising out of official investigation of such offenses;
(2) Corporations, publicly or closely held, where any officer, director, shareholder active in management or employee holding a similar managerial position has pleaded guilty or nolo contendere or has been convicted of violations of the Sherman Antitrust Act, mail fraud, or any other federal or state criminal statute in connection with any contract let or funded wholly or in part by the state of Tennessee or by other state entities or arising out of official investigations of such offenses. This subdivision (b)(2) shall be applicable only where such officer, director, shareholder or employee committed such violation while acting as a representative of such corporation;
(3) Corporations, publicly or closely held, where any officer, director, shareholder active in management or employee holding a similar managerial position has pleaded guilty or nolo contendere or has been convicted of violations of the Sherman Antitrust Act, mail fraud, or any other federal or state criminal statute in connection with any contract let or funded wholly or in part by the state of Tennessee or by other state entities or arising out of official investigations of such offenses, and where such corporations are formed subsequent to such plea or conviction;
(4) Partnerships where any partner has pleaded guilty or nolo contendere or has been convicted of violations of the Sherman Antitrust Act, mail fraud, or any other federal or state criminal statute in connection with any contract let or funded wholly or in part by the state of Tennessee or by other state entities or arising out of official investigations of such offenses. This subdivision (b)(4) shall be applicable only where such partner committed such violation while acting as a representative of such partnership;
(5) Partnerships where any partner has pleaded guilty or nolo contendere or has been convicted of violations of the Sherman Antitrust Act, mail fraud, or any other federal or state criminal statute in connection with any contract let or funded in whole or in part by the state of Tennessee or by other state entities or arising out of official investigations of such offenses, and where such partnerships are formed subsequent to such plea or conviction;
(6) Joint ventures or other associations where any joint venturer, managing agent, person entitled to share in the proceeds and engaged in the active management thereof, or person holding a managerial position has pleaded guilty or nolo contendere or has been convicted of violations of the Sherman Antitrust Act, mail fraud, or any other federal or state criminal statute in connection with any contract let or funded wholly or in part by the state of Tennessee or by other state entities, or arising out of official investigation of such offenses. This subdivision (b)(6) shall be applicable only where such joint venturer, managing agent, person entitled to share in the proceeds, or person holding an executive position committed such violation while acting as a representative of such joint venture or association;
(7) Joint ventures or other associations where any joint venturer, managing agent, person entitled to share in the proceeds and engaged in the active management thereof, or person holding a managerial position has pleaded guilty or nolo contendere or has been convicted of violations of the Sherman Antitrust Act, mail fraud, or any other federal or state criminal statute in connection with any contract let or funded wholly or in part by the state of Tennessee or by other state entities or arising out of official investigations of such offenses, and where such joint ventures or associations are formed subsequent to such plea or conviction; or
(8) Succeeding or related corporations, partnerships, joint ventures, or other business organizations which have substantial factual or legal connections, continuity or identity with persons or organizations that have pleaded guilty or nolo contendere or have been convicted of violations of the Sherman Antitrust Act, mail fraud, or any other federal or state criminal statute in connection with any contract let or funded wholly or in part by the state or other state entities or arising out of official investigations of such offenses. Determination of factual or legal connection, continuity or identity under this subdivision (b)(8) shall be made by the attorney general and reporter upon request of the succeeding or related business organization.
Acts 1981, ch. 393, § 1.
Tenn. Code Ann. § 12-2-404 — TN Code / Title 12 / Chapter 2 / Section 12-2-404
Declaration of property as surplus
Status: in_force

Each article of personal property to be disposed of as surplus property under this part shall be declared surplus by the commissioner or head of the releasing department or agency in accordance with this part and the regulations of the procurement commission. The commissioner shall approve or disapprove any such declarations pursuant to regulations of the procurement commission. Acts 1976, ch. 821, § 4; T.C.A., § 12-238; Acts 2011, ch. 295, §§ 9(a), 19; 2012, ch. 626, § 4.
Each article of personal property to be disposed of as surplus property under this part shall be declared surplus by the commissioner or head of the releasing department or agency in accordance with this part and the regulations of the procurement commission. The commissioner shall approve or disapprove any such declarations pursuant to regulations of the procurement commission.
Acts 1976, ch. 821, § 4; T.C.A., § 12-238; Acts 2011, ch. 295, §§ 9(a), 19; 2012, ch. 626, § 4.
Tenn. Code Ann. § 12-4-408 — TN Code / Title 12 / Chapter 4 / Section 12-4-408
Wage rates promulgated - Contract provision required
Status: in_force

After the prevailing wage determination has been made by the commission, the same shall be furnished to all state agencies which may be charged with the responsibility of entering into any state contract, and shall specify what wage rates shall be paid on all classifications of work that may be used by such person, highway contractors, firm or corporation in carrying out such contractual agreement. In all cases where the commission has established a prevailing rate of wages, the contract executed between any state agency and the successful bidder or highway contractors shall contain a provision requiring the successful bidder and all of the successful bidder's subcontractors to pay the rate of wages so established. The successful bidder or highway contractors and all subcontractors shall strictly comply with these provisions of the contract. Amended by 2013 Tenn. Acts, ch. 280,s 4, eff. 1/1/2014. Acts 1975, ch. 368, § 1; T.C.A., § 12-442.
After the prevailing wage determination has been made by the commission, the same shall be furnished to all state agencies which may be charged with the responsibility of entering into any state contract, and shall specify what wage rates shall be paid on all classifications of work that may be used by such person, highway contractors, firm or corporation in carrying out such contractual agreement. In all cases where the commission has established a prevailing rate of wages, the contract executed between any state agency and the successful bidder or highway contractors shall contain a provision requiring the successful bidder and all of the successful bidder's subcontractors to pay the rate of wages so established. The successful bidder or highway contractors and all subcontractors shall strictly comply with these provisions of the contract.
Amended by 2013 Tenn. Acts, ch. 280,s 4, eff. 1/1/2014.
Acts 1975, ch. 368, § 1; T.C.A., § 12-442.
Tenn. Code Ann. § 12-3-201 — TN Code / Title 12 / Chapter 3 / Section 12-3-201
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Central procurement office" means the government agency established in § 4-56-104 ; (2) "Chief procurement officer" means the person holding the position established in § 4-56-104 , as the head of the central procurement office and with the powers and duties set forth in § 4-56-105 ; (3) "Committee" means the state protest committee as established in § 4-56-103 ; (4) "Contract" means any duly authorized and legally binding written agreement for the procurement of goods and services; (5) "Council" means the advisory council on state procurement established in § 4-56-106 ; (6) "Data" means any recorded information, regardless of its form or characteristic; (7) "Energy efficiency standard" means a performance standard that prescribes the relationship of the energy use of a product to its useful output of services; (8) (A) "Goods" means all personal property, including, but not limited to, supplies, equipment, materials, printing, and insurance; (B) "Goods" does not include real property; (9) (A) "Grant" means any grant awarded to the state or awarded by the state to any person to support a program authorized by law; (B) "Grant" does not include an award whose primary purpose is to procure an end product, whether in the form of supplies, services, or construction, or any contract resulting from such an award; (10) "Invitation to bid" means all documents, whether attached or incorporated by reference, utilized for soliciting bids for the lowest cost, responsive and responsible bidder; (11) "Major energy-consuming product" means any article so designated by the chief procurement officer in consultation with the central procurement office staff; (12) "Political subdivision" means any authority, city, town, municipality, county or instrumentality of any authority, city, town, municipality or county within the state; (13) (A) "Procurement" means buying, purchasing, renting, leasing, or otherwise acquiring of any goods or services; (B) "Procurement" also includes all functions that pertain to the obtaining of goods or services, including the description of requirements, selection and solicitation of sources, preparation and award of a contract, and all phases of contract administration; (14) "Procurement commission" means the state procurement commission, as established in § 4-56-102 ; (15) "Procurement file" means the record of a solicitation, as set forth in the policies and procedures of the central procurement office and the procurement commission, and includes a copy of the following records: (A) All evaluated technical proposals, cost proposals, and evaluation sheets; (B) The solicitation and all amendments to the solicitation; (C) All approved rule exception requests related to the solicitation; (D) All conflict of interest disclosure documentation; (E) Evaluator attestations; (F) A list of all suppliers solicited to participate in the procurement; (G) All correspondence between respondents and this state regarding clarifications or negotiations; (H) All subject matter expert reports; (I) All decisions to bypass a response as nonresponsive or nonresponsible; (J) All pre-proposal conference and site visit sign-in sheets; (K) All cost proposal scoring guides, bid abstracts, and bid analyses; and (L) The protest procedures and the exact dollar amount of the protest bond required by § 12-3-514 ; (16) "Proprietary" means a good or service that is used, produced, or marketed under exclusive legal right of the inventor, maker or service provider that is protected under trade secret, patent, trademark, or copyright law; (17) "Request for proposal" means a written solicitation for written proposals to provide goods or services to the state or a state governmental entity based upon specified evaluation criteria; (18) "Respondent" includes a "bidder" or "proposer" that is a natural person or legal entity that has properly registered as required by the state. The terms "bidder" and "proposer" may be used interchangeably as the context requires; (19) "Response" means a written response to a solicitation for goods and services; (20) "Responsible" means a person who has the capacity in all respects to perform fully the contract requirements, as well as the integrity and reliability, which will assure good faith performance; (21) "Responsive" means a person who has submitted a response that conforms in all material respects to the competitive procurement; (22) "Services" means all services and agreements obligating the state, except services for highway and road improvements governed by title 54 and design and construction services governed by title 4, chapter 15; (23) "Solicitation" means any type of document that invites responses and may include, by way of example, an "invitation to bid", a "request for proposal" or a "competitive negotiation"; (24) (A) "Specification" means any description of the physical, functional, performance characteristics, or nature of a supply, service, or construction item; (B) "Specification" includes, as appropriate, requirements for inspecting, testing, or preparing a supply, service, or construction item for delivery; (25) "State agency" means any state governmental entity, other than the central procurement office and those state entities exempted by § 12-3-102 , that is authorized to enter into contracts by this title or its implementing regulations, or by way of delegation from the chief procurement officer, or that utilizes any goods or services procured under this title; (26) "State governmental entity" means any agency, authority, board, commission, department, or office within the executive, legislative or judicial branches of state government or any autonomous state agency, authority, board, commission, council, department, office, or institution of higher education; and (27) "Vendor" means a natural person or legal entity that has been established by the department of finance and administration's division of accounts as a vendor through proper authority for which payment may be made by the state. Amended by 2024 Tenn. Acts, ch. 634,s 1, eff. 4/2/2024. Amended by 2013 Tenn. Acts, ch. 403, s 13, eff. 7/1/2013. Acts 1987, ch. 337, § 2; 2010 , ch. 1098, § 2; 2011 , ch. 295, § 5.
As used in this chapter, unless the context otherwise requires:
(1) "Central procurement office" means the government agency established in § 4-56-104 ;
(2) "Chief procurement officer" means the person holding the position established in § 4-56-104 , as the head of the central procurement office and with the powers and duties set forth in § 4-56-105 ;
(3) "Committee" means the state protest committee as established in § 4-56-103 ;
(4) "Contract" means any duly authorized and legally binding written agreement for the procurement of goods and services;
(5) "Council" means the advisory council on state procurement established in § 4-56-106 ;
(6) "Data" means any recorded information, regardless of its form or characteristic;
(7) "Energy efficiency standard" means a performance standard that prescribes the relationship of the energy use of a product to its useful output of services;
(8) (A) "Goods" means all personal property, including, but not limited to, supplies, equipment, materials, printing, and insurance; (B) "Goods" does not include real property;
(A) "Goods" means all personal property, including, but not limited to, supplies, equipment, materials, printing, and insurance;
(B) "Goods" does not include real property;
(9) (A) "Grant" means any grant awarded to the state or awarded by the state to any person to support a program authorized by law; (B) "Grant" does not include an award whose primary purpose is to procure an end product, whether in the form of supplies, services, or construction, or any contract resulting from such an award;
(A) "Grant" means any grant awarded to the state or awarded by the state to any person to support a program authorized by law;
(B) "Grant" does not include an award whose primary purpose is to procure an end product, whether in the form of supplies, services, or construction, or any contract resulting from such an award;
(10) "Invitation to bid" means all documents, whether attached or incorporated by reference, utilized for soliciting bids for the lowest cost, responsive and responsible bidder;
(11) "Major energy-consuming product" means any article so designated by the chief procurement officer in consultation with the central procurement office staff;
(12) "Political subdivision" means any authority, city, town, municipality, county or instrumentality of any authority, city, town, municipality or county within the state;
(13) (A) "Procurement" means buying, purchasing, renting, leasing, or otherwise acquiring of any goods or services; (B) "Procurement" also includes all functions that pertain to the obtaining of goods or services, including the description of requirements, selection and solicitation of sources, preparation and award of a contract, and all phases of contract administration;
(A) "Procurement" means buying, purchasing, renting, leasing, or otherwise acquiring of any goods or services;
(B) "Procurement" also includes all functions that pertain to the obtaining of goods or services, including the description of requirements, selection and solicitation of sources, preparation and award of a contract, and all phases of contract administration;
(14) "Procurement commission" means the state procurement commission, as established in § 4-56-102 ;
(15) "Procurement file" means the record of a solicitation, as set forth in the policies and procedures of the central procurement office and the procurement commission, and includes a copy of the following records: (A) All evaluated technical proposals, cost proposals, and evaluation sheets; (B) The solicitation and all amendments to the solicitation; (C) All approved rule exception requests related to the solicitation; (D) All conflict of interest disclosure documentation; (E) Evaluator attestations; (F) A list of all suppliers solicited to participate in the procurement; (G) All correspondence between respondents and this state regarding clarifications or negotiations; (H) All subject matter expert reports; (I) All decisions to bypass a response as nonresponsive or nonresponsible; (J) All pre-proposal conference and site visit sign-in sheets; (K) All cost proposal scoring guides, bid abstracts, and bid analyses; and (L) The protest procedures and the exact dollar amount of the protest bond required by § 12-3-514 ;
(A) All evaluated technical proposals, cost proposals, and evaluation sheets;
(B) The solicitation and all amendments to the solicitation;
(C) All approved rule exception requests related to the solicitation;
(D) All conflict of interest disclosure documentation;
(E) Evaluator attestations;
(F) A list of all suppliers solicited to participate in the procurement;
(G) All correspondence between respondents and this state regarding clarifications or negotiations;
(H) All subject matter expert reports;
(I) All decisions to bypass a response as nonresponsive or nonresponsible;
(J) All pre-proposal conference and site visit sign-in sheets;
(K) All cost proposal scoring guides, bid abstracts, and bid analyses; and
(L) The protest procedures and the exact dollar amount of the protest bond required by § 12-3-514 ;
(16) "Proprietary" means a good or service that is used, produced, or marketed under exclusive legal right of the inventor, maker or service provider that is protected under trade secret, patent, trademark, or copyright law;
(17) "Request for proposal" means a written solicitation for written proposals to provide goods or services to the state or a state governmental entity based upon specified evaluation criteria;
(18) "Respondent" includes a "bidder" or "proposer" that is a natural person or legal entity that has properly registered as required by the state. The terms "bidder" and "proposer" may be used interchangeably as the context requires;
(19) "Response" means a written response to a solicitation for goods and services;
(20) "Responsible" means a person who has the capacity in all respects to perform fully the contract requirements, as well as the integrity and reliability, which will assure good faith performance;
(21) "Responsive" means a person who has submitted a response that conforms in all material respects to the competitive procurement;
(22) "Services" means all services and agreements obligating the state, except services for highway and road improvements governed by title 54 and design and construction services governed by title 4, chapter 15;
(23) "Solicitation" means any type of document that invites responses and may include, by way of example, an "invitation to bid", a "request for proposal" or a "competitive negotiation";
(24) (A) "Specification" means any description of the physical, functional, performance characteristics, or nature of a supply, service, or construction item; (B) "Specification" includes, as appropriate, requirements for inspecting, testing, or preparing a supply, service, or construction item for delivery;
(A) "Specification" means any description of the physical, functional, performance characteristics, or nature of a supply, service, or construction item;
(B) "Specification" includes, as appropriate, requirements for inspecting, testing, or preparing a supply, service, or construction item for delivery;
(25) "State agency" means any state governmental entity, other than the central procurement office and those state entities exempted by § 12-3-102 , that is authorized to enter into contracts by this title or its implementing regulations, or by way of delegation from the chief procurement officer, or that utilizes any goods or services procured under this title;
(26) "State governmental entity" means any agency, authority, board, commission, department, or office within the executive, legislative or judicial branches of state government or any autonomous state agency, authority, board, commission, council, department, office, or institution of higher education; and
(27) "Vendor" means a natural person or legal entity that has been established by the department of finance and administration's division of accounts as a vendor through proper authority for which payment may be made by the state.
Amended by 2024 Tenn. Acts, ch. 634,s 1, eff. 4/2/2024.
Amended by 2013 Tenn. Acts, ch. 403, s 13, eff. 7/1/2013.
Acts 1987, ch. 337, § 2; 2010 , ch. 1098, § 2; 2011 , ch. 295, § 5.
Tenn. Code Ann. § 12-3-507 — TN Code / Title 12 / Chapter 3 / Section 12-3-507
Competitive negotiation
Status: in_force

Except as otherwise provided by law, a contract may be entered into by competitive negotiation when it is determined by the chief procurement officer that it is in the best interest of the state. Each use of competitive negotiation shall be subject to approval by the chief procurement officer and the comptroller of the treasury in accordance with rules, policies, and procedures of the procurement commission. Notice of such approved competitive negotiations shall be posted on the central procurement office's website. Added by 2013 Tenn. Acts, ch. 403,s 26, eff. 7/1/2013.
Except as otherwise provided by law, a contract may be entered into by competitive negotiation when it is determined by the chief procurement officer that it is in the best interest of the state. Each use of competitive negotiation shall be subject to approval by the chief procurement officer and the comptroller of the treasury in accordance with rules, policies, and procedures of the procurement commission. Notice of such approved competitive negotiations shall be posted on the central procurement office's website.
Added by 2013 Tenn. Acts, ch. 403,s 26, eff. 7/1/2013.
Tenn. Code Ann. § 12-2-109 — TN Code / Title 12 / Chapter 2 / Section 12-2-109
Withdrawal of papers from commissioner's office
Status: in_force

The commissioner of general services shall not permit any deeds, leases, abstracts of title, certificates of title or other instruments on file in the commissioner's office to be withdrawn or taken therefrom except in instances where it may be necessary to use them in connection with pending or threatened litigation affecting any of the lands, and then the attorney general and reporter may withdraw the papers temporarily from the office of the commissioner of general services for use in connection with such pending or threatened litigation, leaving a descriptive receipt therefor. Amended by 2013 Tenn. Acts, ch. 454,s 36, eff. 5/16/2013. Acts 1947, ch. 106, § 6; C. Supp. 1950, § 255.81 (Williams, § 254.24); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 12-209.
The commissioner of general services shall not permit any deeds, leases, abstracts of title, certificates of title or other instruments on file in the commissioner's office to be withdrawn or taken therefrom except in instances where it may be necessary to use them in connection with pending or threatened litigation affecting any of the lands, and then the attorney general and reporter may withdraw the papers temporarily from the office of the commissioner of general services for use in connection with such pending or threatened litigation, leaving a descriptive receipt therefor.
Amended by 2013 Tenn. Acts, ch. 454,s 36, eff. 5/16/2013.
Acts 1947, ch. 106, § 6; C. Supp. 1950, § 255.81 (Williams, § 254.24); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 12-209.
Tenn. Code Ann. § 12-2-301 — TN Code / Title 12 / Chapter 2 / Section 12-2-301
Part definitions
Status: in_force

As used in this part, unless the context otherwise clearly requires: (1) "Governing body" includes all bodies and boards, by whatsoever names they may be known, charged with the governing of a municipality; (2) "Municipality" includes any county, city or town of the state; (3) "Not-for-profit corporation" means a general welfare corporation organized under § 48-1101(15) [repealed] as it existed prior to July 1, 1969, or a corporation, not-for-profit, organized under title 48 for the acquisition, construction, equipment and furnishing of buildings, structures, facilities and permanent improvements of all descriptions for lease, subdivision or conveyance to counties, cities and towns of the state; and (4) "Project" means and includes any building, structure, facility or permanent improvement, including the necessary equipment and furnishings therefor, which a municipality proceeding under this part is authorized to own, use or operate under any other provision of law. Acts 1965, ch. 328, § 1; impl. am. Acts 1968, ch. 523, § 1 (17.06); T.C.A., § 12-229.
As used in this part, unless the context otherwise clearly requires:
(1) "Governing body" includes all bodies and boards, by whatsoever names they may be known, charged with the governing of a municipality;
(2) "Municipality" includes any county, city or town of the state;
(3) "Not-for-profit corporation" means a general welfare corporation organized under § 48-1101(15) [repealed] as it existed prior to July 1, 1969, or a corporation, not-for-profit, organized under title 48 for the acquisition, construction, equipment and furnishing of buildings, structures, facilities and permanent improvements of all descriptions for lease, subdivision or conveyance to counties, cities and towns of the state; and
(4) "Project" means and includes any building, structure, facility or permanent improvement, including the necessary equipment and furnishings therefor, which a municipality proceeding under this part is authorized to own, use or operate under any other provision of law.
Acts 1965, ch. 328, § 1; impl. am. Acts 1968, ch. 523, § 1 (17.06); T.C.A., § 12-229.
Tenn. Code Ann. § 12-4-901 — TN Code / Title 12 / Chapter 4 / Section 12-4-901
Short title
Status: in_force

This part shall be known and may be cited as the "Freedom in Contracting Act." Acts 2011, ch. 233, § 2.
This part shall be known and may be cited as the "Freedom in Contracting Act."
Acts 2011, ch. 233, § 2.
Tenn. Code Ann. § 12-2-116 — TN Code / Title 12 / Chapter 2 / Section 12-2-116
Agreements for private development, construction and operation of facilities - Requirements
Status: in_force

(a) (1) Notwithstanding any other provisions of this part, the commissioner of general services, with the approval of the state building commission and subject to the policies and procedures of the commission, may in order to provide utilization of state-owned lands and facilities in the public interest, enter into agreements for the private development, redevelopment, construction and operation of facilities on lands owned by or under the control of the state. (2) Such agreements may include provisions for the sale, lease or other conveyance of state-owned real property, subject to the approval of the commissioner and the state building commission. The requirements of § 12-2-112 shall not apply to such conveyances. (b) Any agreements entered into in accordance with this section shall be entered into only after public advertisement and only after proposals have been requested and evaluated pursuant to the policies and procedures of the state building commission. (c) Any agreements for the sale of state-owned real property entered into under this section shall contain the provision that the state shall have the first right for repurchase of such previously state-owned real property, including all improvements thereof, under any subsequent offer for sale of such real property. The repurchase amount shall be at no more than fair market value as established by appraisal. Amended by 2013 Tenn. Acts, ch. 454,s 36, eff. 5/16/2013. Acts 1990, ch. 734, § 2.
(a) (1) Notwithstanding any other provisions of this part, the commissioner of general services, with the approval of the state building commission and subject to the policies and procedures of the commission, may in order to provide utilization of state-owned lands and facilities in the public interest, enter into agreements for the private development, redevelopment, construction and operation of facilities on lands owned by or under the control of the state. (2) Such agreements may include provisions for the sale, lease or other conveyance of state-owned real property, subject to the approval of the commissioner and the state building commission. The requirements of § 12-2-112 shall not apply to such conveyances.
(1) Notwithstanding any other provisions of this part, the commissioner of general services, with the approval of the state building commission and subject to the policies and procedures of the commission, may in order to provide utilization of state-owned lands and facilities in the public interest, enter into agreements for the private development, redevelopment, construction and operation of facilities on lands owned by or under the control of the state.
(2) Such agreements may include provisions for the sale, lease or other conveyance of state-owned real property, subject to the approval of the commissioner and the state building commission. The requirements of § 12-2-112 shall not apply to such conveyances.
(b) Any agreements entered into in accordance with this section shall be entered into only after public advertisement and only after proposals have been requested and evaluated pursuant to the policies and procedures of the state building commission.
(c) Any agreements for the sale of state-owned real property entered into under this section shall contain the provision that the state shall have the first right for repurchase of such previously state-owned real property, including all improvements thereof, under any subsequent offer for sale of such real property. The repurchase amount shall be at no more than fair market value as established by appraisal.
Amended by 2013 Tenn. Acts, ch. 454,s 36, eff. 5/16/2013.
Acts 1990, ch. 734, § 2.
Tenn. Code Ann. § 12-9-102 — TN Code / Title 12 / Chapter 9 / Section 12-9-102
Purpose
Status: in_force

It is the purpose of this chapter to permit local governmental units the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities. Acts 1967, ch. 350, § 1; T.C.A., § 12-802.
It is the purpose of this chapter to permit local governmental units the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities.
Acts 1967, ch. 350, § 1; T.C.A., § 12-802.
Tenn. Code Ann. § 12-12-104 — TN Code / Title 12 / Chapter 12 / Section 12-12-104
Chapter inapplicable to procurement of contract valued at $1,000 or less
Status: in_force

This chapter shall not apply to a procurement or contract valued at one thousand dollars ($1,000) or less. Added by 2016 Tenn. Acts, ch. 817,s 1, eff. 7/1/2016.
This chapter shall not apply to a procurement or contract valued at one thousand dollars ($1,000) or less.
Added by 2016 Tenn. Acts, ch. 817,s 1, eff. 7/1/2016.