reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 3 - PUBLIC PURCHASES (§§ 12-3-101 — 12-3-1213) › Part 11 - TENNESSEE MINORITY-OWNED, WOMAN-OWNED AND SMALL BUSINESS PROCUREMENT AND CONTRACTING (§§ 12-3-1101 — 12-3-1113) › Section 12-3-1107 - Annual report

(a)
The chief procurement officer shall annually report, on or before each December 31, to the governor and to each member of the general assembly concerning the awarding of purchases to minority-owned business, woman-owned business, service-disabled veteran-owned business, business owned by persons with disabilities, or small business and the total value of awards made during the preceding fiscal year under this part. The chief procurement officer shall also include in such annual report:
(1)
The number of solicitations of minority-owned business, woman-owned business, service-disabled veteran-owned business, business owned by persons with disabilities, or small business by category;
(2)
The number of responses received from minority-owned business, woman-owned business, service-disabled veteran-owned business, business owned by persons with disabilities, or small business by category;
(3)
The dollar amount of purchases awarded to such businesses by category; and
(4)
The total dollar amount of purchases awarded to all businesses in the state.
(b)
In annually reporting the information on any minority-owned business, woman-owned business, service-disabled veteran-owned business, business owned by persons with disabilities, or small business, based upon information provided by vendors, the chief procurement officer shall, in a separate section of the report, indicate the number of businesses solicited within each of the five (5) subcategories enumerated within §
12-3-1102
, the number of responses received from each of the five (5) subcategories enumerated within §
12-3-1102
, and the total number and dollar amount of all purchases awarded within each of the five (5) subcategories enumerated within §
12-3-1102
. For purposes of evaluation, the report shall also indicate the total number and dollar amount of all purchases by all state agencies during the reporting period.
Amended by 2017 Tenn. Acts, ch. 485,Secs.s13, s17 eff. 6/6/2017.
Amended by 2017 Tenn. Acts, ch. 485,s 12, eff. 6/6/2017.
Added by 2013 Tenn. Acts, ch. 403,s 67, eff. 7/1/2013.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 3 - PUBLIC PURCHASES (§§ 12-3-101 — 12-3-1213) › Part 11 - TENNESSEE MINORITY-OWNED, WOMAN-OWNED AND SMALL BUSINESS PROCUREMENT AND CONTRACTING (§§ 12-3-1101 — 12-3-1113) › Section 12-3-1108 - Preference to in-state meat producers by departments and agencies

All departments, agencies and institutions of state government that purchase meat, meat food products or meat by-products, as defined in §
53-7-202
, with state funds shall give preference to producers located within the boundaries of this state when awarding contracts or agreements for the purchase of such meat or meat products, so long as the terms, conditions and quality associated with the in-state producers' proposals are equal to those obtainable from producers located elsewhere.
Added by 2013 Tenn. Acts, ch. 403,s 67, eff. 7/1/2013.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 3 - PUBLIC PURCHASES (§§ 12-3-101 — 12-3-1213) › Part 11 - TENNESSEE MINORITY-OWNED, WOMAN-OWNED AND SMALL BUSINESS PROCUREMENT AND CONTRACTING (§§ 12-3-1101 — 12-3-1113) › Section 12-3-1109 - Preference to in-state meat producers by schools

All public education institutions using state funds to purchase meat, meat food products, or meat by-products, as defined in §
53-7-202
, shall give preference in awarding contracts or agreements for the purchase of such meat or meat products to producers located within the boundaries of this state so long as the terms, conditions and quality associated with the in-state producers' proposals are equal to those obtainable from producers located elsewhere.
Added by 2013 Tenn. Acts, ch. 403,s 67, eff. 7/1/2013.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 3 - PUBLIC PURCHASES (§§ 12-3-101 — 12-3-1213) › Part 11 - TENNESSEE MINORITY-OWNED, WOMAN-OWNED AND SMALL BUSINESS PROCUREMENT AND CONTRACTING (§§ 12-3-1101 — 12-3-1113) › Section 12-3-1110 - Preference to in-state coal mining companies

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.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 3 - PUBLIC PURCHASES (§§ 12-3-101 — 12-3-1213) › Part 11 - TENNESSEE MINORITY-OWNED, WOMAN-OWNED AND SMALL BUSINESS PROCUREMENT AND CONTRACTING (§§ 12-3-1101 — 12-3-1113) › Section 12-3-1111 - Preference to in-state natural gas producers

Notwithstanding any provision of law to the contrary, all state agencies, departments, boards, commissions, institutions, institutions of higher education, schools and all other state entities shall purchase natural gas produced from wells located in the state if such gas is available at a price which is equal to or less than natural gas produced from wells located outside the state, transportation costs taken into account.
Added by 2013 Tenn. Acts, ch. 403,s 67, eff. 7/1/2013.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 3 - PUBLIC PURCHASES (§§ 12-3-101 — 12-3-1213) › Part 11 - TENNESSEE MINORITY-OWNED, WOMAN-OWNED AND SMALL BUSINESS PROCUREMENT AND CONTRACTING (§§ 12-3-1101 — 12-3-1113) › Section 12-3-1113 - Preference to goods produced or grown in this state, including agricultural products

(a)
Notwithstanding any other law to the contrary, all departments and agencies making purchases of goods, including agricultural products, shall give preference to those produced or grown in this state or offered by Tennessee respondents as follows:
(1)
Goods produced in this state or offered by Tennessee respondents shall be given equal preference if the cost to the state and quality are equal; and
(2)
Agricultural products grown in this state shall be given first preference and agricultural products offered by Tennessee respondents shall be given second preference, if the cost to the state and quality are equal.
(b)
If goods, including agricultural products, produced or grown in this state or offered by Tennessee respondents are not equal in cost and quality to other products, then goods, including agricultural products, produced or grown in other states of the United States shall be given preference over foreign products if the cost to the state and quality are equal.
(c)
As used in this section:
(1)
"Agricultural products" includes textiles and other similar products; and
(2)
"Tennessee respondents" means a business:
(A)
Incorporated in this state;
(B)
That has its principal place of business in this state; or
(C)
That has an established physical presence in this state.
(d)
The commission and all state agencies making purchases of vegetation for landscaping purposes, including plants, shall give preference to Tennessee vegetation native to the region if the cost to the state is not greater and the quality is not inferior.
(e)
All departments and agencies procuring services shall give preference to services offered by a Tennessee respondent if:
(1)
The services meet state requirements regarding the service to be performed and expected quality; and
(2)
The cost of the service does not exceed the cost of other similar services of similar expected quality that are not offered by a Tennessee respondent.
Added by 2013 Tenn. Acts, ch. 403,s 67, eff. 7/1/2013.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 3 - PUBLIC PURCHASES (§§ 12-3-101 — 12-3-1213) › Part 12 - PUBLIC SCHOOL TEACHERS (§§ 12-3-NEW — 12-3-1213) › Section 12-3-NEW - [Newly enacted section not yet numbered]

(a)
Notwithstanding another law to the contrary, when purchasing gasoline or diesel fuel in bulk amounts that would exceed the applicable bid limits, a county, municipality, metropolitan government, utility district, local education agency, or other local governmental entity may instead purchase the products in the open market without public advertisement or competitive bidding; provided, however, such entities shall, whenever possible, obtain at least three (3) documented quotes. The products may also be purchased from the department of general services' contract where available.
(b)
As used in this section, "gasoline" and "diesel fuel" have the same meaning as defined in § 67-3-103.
Added by 2024 Tenn. Acts, ch. 661,s 1, eff. 4/9/2024.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 3 - PUBLIC PURCHASES (§§ 12-3-101 — 12-3-1213) › Part 12 - PUBLIC SCHOOL TEACHERS (§§ 12-3-NEW — 12-3-1213) › Section 12-3-1202 - Purchase of secondhand articles or equipment by municipalities or counties

(a)
Notwithstanding any charter, private act, or general law requirements, any municipality or any county may purchase used or secondhand articles consisting of goods, equipment, materials, supplies, or commodities from any federal, state, or local governmental unit or agency without public advertisement and competitive soliciting.
(b)
Notwithstanding any charter, private act, or general law requirements, any municipality or any county may purchase used or secondhand articles consisting of goods, equipment, materials, supplies, or commodities from any private individual or entity without public advertisement and competitive soliciting as long as the purchasing government documents the general range of value of the purchased item through a listing in a nationally recognized publication or through an appraisal by a licensed appraiser, and the price is not more than five percent (5%) higher than the highest value of the documented range.
Amended by 2013 Tenn. Acts, ch. 403,s 69, eff. 7/1/2013.
Acts 2001, ch. 207, § 1; 2010, ch. 1098, § 2; 2011, ch. 295, §§ 5, 19.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 3 - PUBLIC PURCHASES (§§ 12-3-101 — 12-3-1213) › Part 12 - PUBLIC SCHOOL TEACHERS (§§ 12-3-NEW — 12-3-1213) › Section 12-3-1204 - Competitive solicitation

(a)
As used in this section, "municipality," "county," and "metropolitan government" apply only to municipalities, counties, and metropolitan governments with a population greater than one hundred fifty thousand (150,000), according to the 1990 federal census or any subsequent federal census.
(b)
In a municipality, county, or metropolitan government, notwithstanding a charter provision, private act, or other provision of law, a purchase, lease, or lease-purchase agreement must be preceded by competitive solicitation only if the purchase, lease, or lease-purchase agreement exceeds the maximum applicable threshold established pursuant to §
12-3-1212
.
(c)
[deleted by 2024 amendment]
(d)
Any municipality, county, or metropolitan government may retain present competitive soliciting requirements and may retain the right to establish, in accordance with charter amendment or private act, whichever is applicable, different dollar amount thresholds and different requirements for competitive bids and competitive proposals from those established in this section.
(e)
Nothing in this section shall be deemed to expressly or impliedly repeal §
7-52-117
, or any part of that section.
(f)
This section shall not supersede or be construed to supersede §
12-3-1201
.
Amended by 2024 Tenn. Acts, ch. 513,s 11, eff. 3/1/2024.
Amended by 2024 Tenn. Acts, ch. 513,s 10, eff. 3/1/2024.
Added by 2013 Tenn. Acts, ch. 403, s 70, eff. 7/1/2013.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 3 - PUBLIC PURCHASES (§§ 12-3-101 — 12-3-1213) › Part 12 - PUBLIC SCHOOL TEACHERS (§§ 12-3-NEW — 12-3-1213) › Section 12-3-1206 - Transfer of assets for fire protection

(a)
Notwithstanding any other law, a county, municipality and metropolitan government may transfer the ownership of assets for fire protection purchased through or with the proceeds of federal, state or local grants to volunteer fire departments within such county, municipality or metropolitan area; provided, that such volunteer fire departments are registered as nonprofit organizations with the office of the secretary of state.
(b)
This section shall have no effect in a county, municipality or metropolitan area unless it is approved by the appropriate legislative body.
Added by 2013 Tenn. Acts, ch. 403,s 70, eff. 7/1/2013.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 3 - PUBLIC PURCHASES (§§ 12-3-101 — 12-3-1213) › Part 12 - PUBLIC SCHOOL TEACHERS (§§ 12-3-NEW — 12-3-1213) › Section 12-3-1210 - Authority of the Tennessee board of regents system and the University of Tennessee system

Notwithstanding any law to the contrary, the Tennessee board of regents system and the University of Tennessee system are authorized to:
(1)
Develop procedures to apply the policy of §
12-3-701
to their constituent institutions, including procedures describing the circumstances in which limitations below two (2) times the value of the contract are permitted and procedures for obtaining permission from the appropriate official of the Tennessee board of regents or the University of Tennessee;
(2)
Purchase software for use restricted solely to academic teaching or research upon terms that may limit the contractor's liability or warranties; provided, that in no event, shall the liability of the contractor be limited for intentional torts, criminal acts or fraudulent conduct; and
(3)
Acquire software or services, materials, supplies and equipment free or at nominal cost upon terms that may limit the contractor's liability or warranties; provided, that in no event, shall the liability of the contractor be limited for intentional torts, criminal acts or fraudulent conduct.
Added by 2013 Tenn. Acts, ch. 403,s 70, eff. 7/1/2013.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 3 - PUBLIC PURCHASES (§§ 12-3-101 — 12-3-1213) › Part 12 - PUBLIC SCHOOL TEACHERS (§§ 12-3-NEW — 12-3-1213) › Section 12-3-1211 - Contracts for the purchase of personal computers and related devices by public school teachers

(a)
The central procurement office may establish contracts for the purchase of personal computers and related devices by public school teachers for use outside the classroom. The computers and related devices shall not be purchased with public funds, but shall be paid for and owned by teachers individually. The contracts shall be established in accordance with this chapter.
(b)
The central procurement office shall promulgate rules to regulate the purchases authorized in this section. The rules shall be approved by the procurement commission.
Added by 2013 Tenn. Acts, ch. 403,s 70, eff. 7/1/2013.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 3 - PUBLIC PURCHASES (§§ 12-3-101 — 12-3-1213) › Part 12 - PUBLIC SCHOOL TEACHERS (§§ 12-3-NEW — 12-3-1213) › Section 12-3-1212 - Resolution or ordinance to increase threshold amount for requiring public advertisement and competitive bidding

(a)
Notwithstanding another law to the contrary, a county, municipality, utility district, local education agency, or other local governmental entity having centralized purchasing authority with a full-time purchasing agent may, by resolution or ordinance of its governing body, increase the threshold over which public advertisement and sealed competitive bids or proposals are required to an amount not to exceed fifty thousand dollars ($50,000) for nonemergency, nonproprietary purchases.
(b)
Notwithstanding another law to the contrary, a county, municipality, utility district, local education agency, or other local governmental entity having either non-centralized purchasing authority or centralized purchasing authority but not a full-time purchasing agent may, by resolution or ordinance of its governing body, increase the threshold over which public advertisement and sealed competitive bids or proposals are required to an amount not to exceed twenty-five thousand dollars ($25,000) for nonemergency, nonproprietary purchases.
(c)
At least three (3) written quotations are required when possible for purchases costing less than the bid threshold established under subsection (a) or (b), but more than forty percent (40%) of such bid threshold or some lower amount as may be established by the governing body in a resolution.
(d)
Purchases of like items must be aggregated for the purposes of the applicable threshold.
(e)
For purposes of this section, a "full-time purchasing agent" means a person who devotes the whole of the person's working time to the demands and duties of the office of the purchasing agent.
Amended by 2024 Tenn. Acts, ch. 513,s 13, eff. 3/1/2024.
Amended by 2022 Tenn. Acts, ch. 1016, s 1, eff. 5/11/2022.
Amended by 2021 Tenn. Acts, ch. 310, s 6, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 310, s 5, eff. 7/1/2021.
Amended by 2017 Tenn. Acts, ch. 415, s 1, eff. 5/18/2017.
Added by 2015 Tenn. Acts, ch. 457, s 1, eff. 5/18/2015.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 3 - PUBLIC PURCHASES (§§ 12-3-101 — 12-3-1213) › Part 12 - PUBLIC SCHOOL TEACHERS (§§ 12-3-NEW — 12-3-1213) › Section 12-3-1213 - Local governments authority to contract - Contract agreements entered by state building commission

Where any local or private act, charter, or general law requires that a local governmental unit purchase by competitive procurement method, the local governmental unit may, notwithstanding the local or private act, charter, or general law, purchase, without public advertisement or competitive soliciting, under contracts or price agreements entered into by the state building commission.
Added by 2023 Tenn. Acts, ch. 276, s 4, eff. 4/28/2023.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 4 - PUBLIC CONTRACTS (§§ 12-4-101 — 12-4-1007) › Part 1 - GENERAL PROVISIONS (§§ 12-4-101 — 12-4-120) › Section 12-4-102 - Penalty for unlawful interest

Should any person, acting as such officer, committee member, director, or other person referred to in §
12-4-101
, be or become directly or unlawfully indirectly interested in any such contract, such person shall forfeit all pay and compensation therefor. Such officer shall be dismissed from such office the officer then occupies, and be ineligible for the same or a similar position for ten (10) years.
Acts 1869-1870, ch. 92, §§ 2, 3; Shan., §§ 1134, 1135; Code 1932, §§ 1875, 1876; T.C.A. (orig. ed.), § 12-402; Acts 1983, ch. 388, § 5.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 4 - PUBLIC CONTRACTS (§§ 12-4-101 — 12-4-1007) › Part 1 - GENERAL PROVISIONS (§§ 12-4-101 — 12-4-120) › Section 12-4-105 - Grand jury investigations

The judges of the circuit and criminal courts of the state shall give §§
12-4-103
- 12-4-105 in charges to their respective grand juries, and the grand juries shall have inquisitorial powers to summon witnesses and to inquire into probable violations of those sections.
Acts 1953, ch. 160, § 4 (Williams, § 1876.4); T.C.A. (orig. ed.), § 12-405.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 4 - PUBLIC CONTRACTS (§§ 12-4-101 — 12-4-1007) › Part 1 - GENERAL PROVISIONS (§§ 12-4-101 — 12-4-120) › Section 12-4-106 - Prohibition against receiving rebates, gifts, money or anything of value - Conflicts of interest

(a)
No officer or employee of the central procurement office, nor any member of the procurement commission, nor any head of any state department, institution or agency, nor any employee of any state department, institution or agency charged with the responsibility of initiating requisitions, shall accept or receive, directly or indirectly, from any person, firm or corporation to whom any contract for the purchase of goods or services for the state may be awarded, by rebate, gifts, or otherwise, any money or anything of value whatsoever, or any promise, obligation, or contract for future rewards or compensation.
(b)
(1)
It is a conflict of interest for any person or any company with whom such person is an officer, a director, or an equity owner having an ownership interest greater than one percent (1%) to bid on any public contract for goods or services for a governmental entity if such person or the immediate family member of such person is a member of a board or commission having responsibility for letting or approving such contract.
(2)
As used in this subsection (b):
(A)
"Governmental entity" means any state agency, authority, board, commission, department, or office within the executive, legislative or judicial branch of state government or any autonomous state agency, authority, board, commission, department, office, or institution of higher education; and
(B)
"Immediate family" means spouse, dependent children or stepchildren, or relatives related by blood or marriage.
Amended by 2013 Tenn. Acts, ch. 403,s 75, eff. 7/1/2013.
Acts 1969, ch. 331, § 1; T.C.A., § 12-432; Acts 1984, ch. 822, § 2; 1990, ch. 699, § 1; 1991, ch. 518, §§ 1, 2; 1998, ch. 990, § 1; 2009, ch. 518, § 1.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 4 - PUBLIC CONTRACTS (§§ 12-4-101 — 12-4-1007) › Part 1 - GENERAL PROVISIONS (§§ 12-4-101 — 12-4-120) › Section 12-4-109 - Preplanning of capital investment projects account

There is hereby established an account to be known as the capital preplanning account, which shall be the funding source for the preplanning of all capital projects undertaken by the departments and agencies of the state. The account shall be reimbursed for the preplanning cost of a capital investment project from the appropriations allocated to that project. Any funds remaining in the account at the end of any fiscal year shall be carried over to the succeeding fiscal year and expended only for the purpose specified in this section.
Amended by 2013 Tenn. Acts, ch. 403,s 77, eff. 7/1/2013.
Impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1976, ch. 601, §§ 3, 5; T.C.A., § 12-450; Acts 1980, ch. 741, § 5; 1980, ch. 845, § 1; 1981, ch. 279, § 1; 1983, ch. 115, § 4; 1988, ch. 696, § 5; 1993, ch. 495, §§ 1, 4; 1998, ch. 785, § 9; 1999, ch. 170, §§ 1, 2; 2000, ch. 924, §§ 6 - 9, 12; 2001, ch. 205, § 1; 2003, ch. 413, § 1; 2004, ch. 630, § 1; 2006, ch. 597, §§ 1, 2; 2007, ch. 114, § 1; 2008, ch. 933, § 1; 2010, ch. 1091, § 1; 2010, ch. 1098, §§ 3, 4; 2011, ch. 295, §§ 5, 13, 19, 21, 22.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 4 - PUBLIC CONTRACTS (§§ 12-4-101 — 12-4-1007) › Part 1 - GENERAL PROVISIONS (§§ 12-4-101 — 12-4-120) › Section 12-4-110 - Energy-related services

Contracts by counties, cities, metropolitan governments, towns, utility districts and other municipal and public corporations of this state for energy-related services that include both engineering services and equipment, and have as their purpose the reduction of energy costs in public facilities, shall be awarded on the same basis as contracts for professional services.
Amended by 2013 Tenn. Acts, ch. 403,s 78, eff. 7/1/2013.
Impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1976, ch. 601, §§ 4, 5; T.C.A. (orig. ed.), § 12-451; Acts 1980, ch. 845, §§ 2, 3; 1982, ch. 813, § 1; 1983, ch. 115, § 4; 1984, ch. 770, § 2; 1989, ch. 405, § 1; 2000, ch. 924, § 10; 2010, ch. 1098, § 3; 2011, ch. 295, § 5; 2012, ch. 625, § 5.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 4 - PUBLIC CONTRACTS (§§ 12-4-101 — 12-4-1007) › Part 1 - GENERAL PROVISIONS (§§ 12-4-101 — 12-4-120) › Section 12-4-111 - Standard prototype design for correctional facilities

(a)
For purposes of this part, "state standard prototype," means a design on which a state correctional facility is based so that the design can be used by the state to construct similar buildings at different sites at a future time. The state building commission may designate state standard prototypes from design documents which were originally prepared for the exclusive use of the state. The state architect shall place the appropriate designation on a document which is determined to be a state standard prototype.
(b)
Prior to the reuse of documents for a project in which the original architect or engineer is not also involved, the state shall remove and obliterate from all documents the identification of the original architect or engineer, including name, address, professional seal or stamp, and signature. The architect or engineer who is involved in a state standard prototypical reuse project shall affix such architect's or engineer's seal or stamp to such design, and shall be solely responsible for all documents on which such architect's or engineer's seal or stamp is placed, and shall hold the original architect or engineer harmless from suits by third parties.
(c)
The original architect or engineer shall not be liable for injury or damage resulting from reuse of plans, designs, details, specifications or construction documents of a state standard prototype by the state or third parties, if the original architect or engineer is not also involved in the reuse project. It is the intent of this section that the architect or engineer who seals or stamps a prototype is legally responsible only for that set of documents on which such architect's or engineer's seal or stamp is placed.
Amended by 2013 Tenn. Acts, ch. 403,s 79, eff. 7/1/2013.
Acts 1981, ch. 95, § 1; 1988, ch. 696, § 7.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 4 - PUBLIC CONTRACTS (§§ 12-4-101 — 12-4-1007) › Part 1 - GENERAL PROVISIONS (§§ 12-4-101 — 12-4-120) › Section 12-4-112 - State agency contract guidelines

(a)
As used in this section, "governmental entity" means any county, municipality, metropolitan government, town, utility district, or other municipal or public corporation of this state.
(b)
Notwithstanding any other provision of law or private act to the contrary, a governmental entity may enter into multi-year contracts for painting and other maintenance of water storage tanks and appurtenant facilities procured through a request for proposals process. The request for proposals process shall invite prospective proposers to participate and shall indicate the service requirements and the categories used for evaluating the proposals, together with the relative weight of each category. Such categories shall include such factors as qualifications, experience on similar projects, availability of workers, technical approach, minority participation, cost, and any additional factor or factors deemed relevant by the procuring governmental entity. Cost shall not be the sole criterion for evaluation. Proposers shall be given at least thirty (30) days from public advertisement of the request for proposals to consider the evaluation factors set forth in the solicitation documents before submitting proposals. The contract shall be awarded to the best proposer who meets the minimum required qualifications, using the evaluation criteria set forth in this subsection (b).
(c)
Any governmental entity may, at its option, require such multi-year contracts to be competitively bid.
Amended by 2013 Tenn. Acts, ch. 403,s 80, eff. 7/1/2013.
Acts 1976, ch. 785, § 2; T.C.A., §§ 9-708, 9-7-108; Acts 2010, ch. 1098, § 3; 2011, ch. 295, § 5.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 4 - PUBLIC CONTRACTS (§§ 12-4-101 — 12-4-1007) › Part 1 - GENERAL PROVISIONS (§§ 12-4-101 — 12-4-120) › Section 12-4-113 - Deadline for addenda and questions concerning bid documents

(a)
If a statute, ordinance, resolution, rule or regulation mandates the use of competitive bidding of any kind or nature whatsoever, by any state agency, county or municipal corporation, then, notwithstanding such law, ordinance, resolution, rule or regulation, no addenda within less than forty-eight (48) hours of the bid opening date, excluding weekends and legal holidays designated in §
15-1-101
, shall be permitted unless the bid deadline is extended for a reasonable time as determined by the purchasing agent, which shall not be less than forty-eight (48) hours excluding weekends and legal holidays designated in §
15-1-101
, to allow for any necessary changes to the bid documents and to allow bidders to resubmit their bids accordingly.
(b)
Any questions concerning the bid documents must be received by the designer no less than ninety-six (96) hours before bid opening date.
(c)
This section does not apply to the central procurement office, to any procurement conducted pursuant to chapter 3 of this title, to any department of transportation contracts, or to any state or local agency contracts funded in whole or in part with state or federal highway funds.
Amended by 2021 Tenn. Acts, ch. 279, s 4, eff. 5/3/2021.
Renumbered from T.C.A. s 12-4-126 by 2013 Tenn. Acts, ch. 403, s 81, eff. 7/1/2013.
Amended by 2013 Tenn. Acts, ch. 329, Secs.s 4, s 5 eff. 5/13/2013.
Acts 2011 , ch. 260, § 1.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 4 - PUBLIC CONTRACTS (§§ 12-4-101 — 12-4-1007) › Part 1 - GENERAL PROVISIONS (§§ 12-4-101 — 12-4-120) › Section 12-4-114 - No conflict of interest allowed

(a)
(1)
No public officer or employee who is involved in making or administering a contract on behalf of a public agency may derive a direct benefit from the contract except as provided in this section, or as otherwise allowed by law.
(2)
No public employee having official responsibility for a procurement transaction shall participate in that transaction on behalf of the public body when the employee knows that:
(A)
The employee is contemporaneously employed by a respondent to a solicitation or contractor involved in the procurement transaction;
(B)
The employee, the employee's spouse, or any member of the employee's immediate family holds a position with a respondent to a solicitation, a contractor involved in the procurement transaction, such as an officer, director, trustee, partner or the like, or is employed in a capacity involving personal and substantial participation in the procurement transaction, or owns or controls an interest of more than five percent (5%);
(C)
The employee, the employee's spouse, or any member of the employee's immediate family has a pecuniary interest arising from the procurement transaction; or
(D)
The employee, the employee's spouse, or any member of the employee's immediate family is negotiating, or has an arrangement concerning, prospective employment with a respondent to a solicitation or contractor involved in the procurement transaction.
(3)
A public officer or employee who will derive a direct benefit from a contract with the public agency the officer or employee serves, but who is not involved in making or administering the contract, shall not attempt to influence any other person who is involved in making or administering the contract.
(4)
No public officer or employee may solicit or receive any gift, reward, or promise of reward in exchange for recommending, influencing, or attempting to influence the award of a contract by the public agency the officer or employee serves.
(b)
As used in this section, "immediate family" means spouse, dependent children or stepchildren, or relatives related by blood or marriage.
Added by 2013 Tenn. Acts, ch. 403,s 72, eff. 7/1/2013.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 4 - PUBLIC CONTRACTS (§§ 12-4-101 — 12-4-1007) › Part 1 - GENERAL PROVISIONS (§§ 12-4-101 — 12-4-120) › Section 12-4-115 - "Organizational conflicts of interest" defined - Policies and procedures - Reporting

(a)
As used in this section, "organizational conflicts of interest" may include any relationship or action between any party, including contractors and consultants, and the state or its agents making decisions to procure or contract that may:
(1)
Conflict with the state's best interest; or
(2)
Taint the procurement process or reputation of the state.
(b)
The central procurement office, state building commission and department of transportation shall establish policies and procedures to define and identify organizational conflicts of interest. The policies and procedures shall set forth methods, which may include avoidance, mitigation, or waiver, to deal with organizational conflicts of interest.
(c)
The policies and procedures shall provide that all determinations relating to specific organizational conflicts of interest be in writing. Such determinations shall periodically be reported to the speaker of the house of representatives, the speaker of the senate and to the comptroller of the treasury.
Added by 2014 Tenn. Acts, ch. 758,s 1, eff. 7/1/2014.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 4 - PUBLIC CONTRACTS (§§ 12-4-101 — 12-4-1007) › Part 1 - GENERAL PROVISIONS (§§ 12-4-101 — 12-4-120) › Section 12-4-116 - Electronic bidding

Notwithstanding any law, rule or regulation to the contrary, local governments may satisfy any requirement for mailing by distributing invitations to bid, requests for proposals and other solicitations electronically. In addition, local governments may receive bids, proposals, and other offers electronically. In order to assure the fullest possible participation of small businesses and minority-owned businesses, local governments shall not require such small businesses and minority-owned businesses to receive or respond to invitations to bid, requests for proposals, or other solicitations electronically.
Added by 2014 Tenn. Acts, ch. 645,s 1, eff. 4/8/2014.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 4 - PUBLIC CONTRACTS (§§ 12-4-101 — 12-4-1007) › Part 1 - GENERAL PROVISIONS (§§ 12-4-101 — 12-4-120) › Section 12-4-117 - Residency and income requirements for employees prohibited - Exception - Definitions

(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.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 4 - PUBLIC CONTRACTS (§§ 12-4-101 — 12-4-1007) › Part 1 - GENERAL PROVISIONS (§§ 12-4-101 — 12-4-120) › Section 12-4-119 - Certification that company not engaged in boycott of Israel

(a)
As used in this section:
(1)
"Boycott of Israel" means engaging in refusals to deal, terminating business activities, or other commercial actions that are intended to limit commercial relations with Israel, or companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel to do business, or persons or entities doing business in Israel, when such actions are taken:
(A)
In compliance with, or adherence to, calls for a boycott of Israel; or
(B)
In a manner that discriminates on the basis of nationality, national origin, religion, or other unreasonable basis, and is not based on a valid business reason;
(2)
"Company" means a for-profit or not-for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of those entities or business associations;
(3)
"Israel" means the State of Israel and Israeli-controlled territories; and
(4)
"Public entity" means this state or any political subdivision thereof, including all boards, commissions, agencies, institutions, authorities, counties, municipalities, and other bodies politic and corporate of this state, created by or in accordance with state law or rule.
(b)
A public entity shall not enter into a contract with a company to acquire or dispose of services, supplies, information technology, or construction unless the contract includes a written certification that the company is not currently engaged in, and will not for the duration of the contract engage in, a boycott of Israel.
(c)
This section does not apply to a contract with a total potential value of less than two hundred fifty thousand dollars ($250,000) or to contractors with less than ten (10) employees.
(d)
A contract entered into on or after July 1, 2022, that fails to comply with this section is void.
(e)
The commissioner of finance and administration or the commissioner's designee may promulgate rules to implement this section so long as the rules are consistent with this section and do not create exceptions to it.
(f)
This section does not diminish or infringe upon a right protected under the constitution of this state or the first amendment to the constitution of the United States.
(g)
This section must not be construed to conflict with local, state, or federal discrimination laws.
Added by 2022 Tenn. Acts, ch. 775, s 1, eff. 7/1/2022.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 4 - PUBLIC CONTRACTS (§§ 12-4-101 — 12-4-1007) › Part 1 - GENERAL PROVISIONS (§§ 12-4-101 — 12-4-120) › Section 12-4-120 - Section definitions - Drones - Prohibited Purchase - Contract termination

(a)
As used in this section:
(1)
"Agency" means a local agency or law enforcement agency;
(2)
"Drone" means a powered, aerial vehicle that:
(A)
Does not carry a human operator and is operated without the possibility of direct human intervention from within or on the aircraft;
(B)
Uses aerodynamic forces to provide vehicle lift;
(C)
Can fly autonomously or be piloted remotely; and
(D)
Can be expendable or recoverable;
(3)
"Law enforcement agency" means a lawfully established local agency that is responsible for the prevention and detection of crime, local government code enforcement, and the enforcement of penal, traffic, regulatory, game, or controlled substance laws; and
(4)
"Local agency" means a county, municipality, branch, or agency of a county or municipality, public utility, utility district, or an entity created pursuant to an interlocal agreement.
(b)
Notwithstanding §
39-13-902
or another law, an agency shall not purchase or acquire a drone, as defined in the federal National Defense Authorization Act of 2019 (Pub. L. No. 115-232), produced by a manufacturer banned under Section 889 of the National Defense Authorization Act of 2019, as amended.
(c)
A contract or agreement for the purchase or acquisition of a drone in violation of this section is void and unenforceable.
Added by 2023 Tenn. Acts, ch. 223, s 3, eff. 7/1/2023.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 4 - PUBLIC CONTRACTS (§§ 12-4-101 — 12-4-1007) › Part 2 - SURETY BONDS (§§ 12-4-201 — 12-4-208) › Section 12-4-202 - Failure to require bond

If any public officer, whose duty it is to let or award contracts, lets or awards any contract without requiring bond for payment of labor and material, in compliance with §
12-4-201
, such officer commits a Class C misdemeanor.
Acts 1925, ch. 121, § 3; Shan. Supp., § 3546a6; Code 1932, § 7957; T.C.A. (orig. ed.), § 12-418; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 4 - PUBLIC CONTRACTS (§§ 12-4-101 — 12-4-1007) › Part 2 - SURETY BONDS (§§ 12-4-201 — 12-4-208) › Section 12-4-203 - Contractor disclaiming subcontractor's liability

In the event the contractor who has executed the bond gives notice, in writing, by return receipt registered mail, to any laborer or furnisher of material or to any such immediate or remote subcontractor that such contractor will not be responsible therefor, then such person who thereafter furnishes such material or labor shall not secure advantage of §§
12-4-201
- 12-4-206, for materials furnished or labor done after the receipt of such notice.
Acts 1925, ch. 121, § 1; Shan. Supp., § 3546a4; mod. Code 1932, § 7955; T.C.A. (orig. ed.), § 12-419.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 4 - PUBLIC CONTRACTS (§§ 12-4-101 — 12-4-1007) › Part 2 - SURETY BONDS (§§ 12-4-201 — 12-4-208) › Section 12-4-204 - Action on bond by laborer or furnisher of labor or material to the contractor

Any laborer or furnisher of labor or material to the contractor, or to any immediate or remote subcontractor under the contractor, may bring an action on the bond, and have recovery in such laborer's or furnisher's own name, upon giving security, or taking the oath prescribed for poor persons as provided by law; but in the event of such suit, the city, county, or state shall not be liable for any costs accruing thereunder.
Acts 1925, ch. 121, § 2; Shan. Supp., § 3546a5; Code 1932, § 7958; T.C.A. (orig. ed.), § 12-420.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 4 - PUBLIC CONTRACTS (§§ 12-4-101 — 12-4-1007) › Part 2 - SURETY BONDS (§§ 12-4-201 — 12-4-208) › Section 12-4-205 - Notice of claim

Such furnisher of labor or material, or such laborer, to secure the advantage of §§
12-4-201
- 12-4-206, shall, after such labor or material is furnished, or such labor is done, and within ninety (90) days after the completion of such public work, give written notice by return receipt certified mail, or by personal delivery, either to the contractor who executed the bond, or to the public official who had charge of the letting or awarding of the contract; such written notice to set forth the nature, an itemized account of the material furnished or labor done, and the balance due therefor; and a description of the property improved. In the case of public work undertaken by a municipality, or any of its commissions, notice, or statement herein required, so mailed or delivered to the mayor thereof, shall be deemed sufficient. In the case of public work by any county or any of its commissions, notice or statement herein required, so mailed, or delivered to the county mayor of such county, shall be deemed sufficient. In the case of public work by the state, or any of its commissions, notice and statement herein required, so mailed, or delivered to the governor, shall be deemed sufficient.
Acts 1925, ch. 121, § 4; Shan. Supp., § 3546a7; mod. Code 1932, § 7956; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 12-421; Acts 2003, ch. 90, § 2; 2004, ch. 542, § 1.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 4 - PUBLIC CONTRACTS (§§ 12-4-101 — 12-4-1007) › Part 2 - SURETY BONDS (§§ 12-4-201 — 12-4-208) › Section 12-4-206 - Joinder of parties - Limitation of actions

Several persons entitled may join in one (1) suit on such bond, or one (1) of them may file a bill in equity in behalf of all such, who may, upon execution of a bond for costs, by petition assert their rights in the proceeding; provided, that action shall be brought or claims so filed within six (6) months following the completion of such public work, or of the furnishing of such labor or materials.
Code 1932, § 7959; T.C.A. (orig. ed.), § 12-422.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 4 - PUBLIC CONTRACTS (§§ 12-4-101 — 12-4-1007) › Part 2 - SURETY BONDS (§§ 12-4-201 — 12-4-208) › Section 12-4-208 - Action on bond

In default of the prompt payment of all such taxes, licenses, assessments, contributions, damages, penalties and interest thereon, as may be due by any such contractor, a direct proceeding on the bond may be brought in any court of competent jurisdiction by the proper officer or agency having lawful authority so to do, to enforce such payment. The right to so proceed in this matter is cumulative and in addition to such other remedies as may now be provided by law.
Acts 1947, ch. 33, § 2; C. Supp. 1950, § 7955.1 (Williams, § 1689.7); T.C.A. (orig. ed.), § 12-424.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 4 - PUBLIC CONTRACTS (§§ 12-4-101 — 12-4-1007) › Part 3 - REIMBURSEMENT OF HEALTH CARE PROVIDER COSTS (§§ 12-4-301 — 12-4-308) › Section 12-4-301 - Establishment of rules and regulations for determining payment

(a)
It is hereby made the duty of the commissioner of health, in consultation with the comptroller of the treasury, to establish rules and regulations for the determination of payment to the contracting health care providers who contract with the several state agencies for the care of persons.
(b)
This part shall not apply to health care providers, for purposes of payment to such health care providers pursuant to title 71, chapter 5, except as expressly provided by rules and regulations promulgated by the department of health pursuant to §
71-5-105
; provided, that this part shall not apply to payments made pursuant to title 8, chapter 27.
Acts 1961, ch. 117, § 1; T.C.A., § 12-425; Acts 1984, ch. 787, § 1.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 4 - PUBLIC CONTRACTS (§§ 12-4-101 — 12-4-1007) › Part 3 - REIMBURSEMENT OF HEALTH CARE PROVIDER COSTS (§§ 12-4-301 — 12-4-308) › Section 12-4-302 - Determination of payment

For the purposes herein set out, payment shall be determined by the comptroller of the treasury in accordance with the rules and regulations established by the department of health pursuant to §
12-4-301
, in consultation with the several state departments and agencies contracting with health care providers for services and the Tennessee Hospital Association.
Acts 1961, ch. 117, § 2; 1963, ch. 289, § 1; T.C.A., § 12-426; Acts 1984, ch. 787, § 2.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 4 - PUBLIC CONTRACTS (§§ 12-4-101 — 12-4-1007) › Part 3 - REIMBURSEMENT OF HEALTH CARE PROVIDER COSTS (§§ 12-4-301 — 12-4-308) › Section 12-4-303 - Eligibility to receive payment

To be eligible to receive payment, the contracting health care providers shall use uniform statistics and classification of accounts as published by the American Hospital Association for all accounting records, or any other acceptable accounting methods approved by the department of health, in consultation with the comptroller of the treasury and the Tennessee Hospital Association.
Acts 1961, ch. 117, § 3; T.C.A., § 12-427; Acts 1984, ch. 787, § 3.