reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 4 - STATE SURPLUS PERSONAL PROPERTY ACT OF 1976 (§§ 12-2-401 — 12-2-421) › Section 12-2-406 - Advertisement and notice

(a)
Public auctions and sales under sealed bid, as provided in this part, shall be publicly advertised and publicly held. Notice of intended disposal by public auction or sale under sealed bid shall be entered by the commissioner in at least one (1) newspaper of general circulation in the county or counties in which the disposal is to be made. Such notice shall specify and reasonably describe the property to be disposed of, the date, time, place, manner, and conditions of disposal, all as previously determined by the commissioner in accordance with regulations of the procurement commission. The advertisement shall be entered in the public notice or equivalent section of the newspaper and shall be run not less than one (1) day. Disposal shall be made not sooner than seven (7) days after the last day of publication nor later than fifteen (15) days after the last day of publication of the required notice, excluding Saturdays, Sundays and holidays. Prominent notice shall also be conspicuously posted for ten (10) days prior to the date of disposal, excluding Saturdays, Sundays, and holidays, in at least two (2) public places in the county or counties where the disposal is to be made. Furthermore, notice shall be sent to the county clerk of each county of the state, and such notice shall be posted in each county courthouse unless otherwise directed by the procurement commission.
(b)
Notice of intended disposal by internet auction shall be posted on the internet. Such notice shall specify and reasonably describe the property to be disposed of, the date, time, manner and conditions of disposal, all as previously determined by the commissioner in accordance with regulations of the procurement commission.
(c)
Except as the procurement commission may promulgate rules to govern other notification to persons, firms and corporations of public auctions and sales, no person, firm or corporation shall be notified of any public auction or sale except as provided by this part.
(d)
The commissioner may promulgate special provisions regarding notice and manner of disposal of firearms, ammunition and other explosives as provided in this part and with respect to the trade-in of surplus property as provided in this part, such regulations to be subject to the approval of the procurement commission.
Acts 1976, ch. 821, § 6; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., § 12-240; Acts 1981, ch. 332, § 28; 2001, ch. 90, § 2; 2011, ch. 295, §§ 9(a), 19; 2012, ch. 626, § 4.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 4 - STATE SURPLUS PERSONAL PROPERTY ACT OF 1976 (§§ 12-2-401 — 12-2-421) › Section 12-2-408 - Payment - Transfer of possession

(a)
Acceptable payment for property purchased under any method prescribed by this part shall be prescribed by the procurement commission in its rules and regulations.
(b)
Possession of property shall not pass until the occurrence of such conditions as the procurement commission may prescribe by rules or regulations; provided, that where payment is tendered by check or bank draft, transfer of possession shall be withheld until the check or draft has been honored by the drawee bank. Possession shall pass to political subdivisions of the state and other governmental entities upon receipt, by the state, of purchase vouchers of such political subdivisions and other governmental entities. Titles to motor vehicles sold as surplus property to political subdivisions and other governmental entities shall be closed as to the transferee when the title is passed.
(c)
Notwithstanding any other provision of the law, rule or regulation promulgated pursuant thereto, possession of property sold to any eligible corporation organized and conducted not-for-profit, whose chartered activities are related to health and/or education in accordance with the Official Compilation, Rules and Regulations of the State of Tennessee, rule
0690-2-1-
.14 as promulgated by the procurement commission, shall not pass until payment is made to the state by an authorized signature on an authorized purchase order or check from such institution or by cash, cashier's check or certified check.
(d)
Notwithstanding any provision of this part to the contrary, acceptable payment for property purchased under any method prescribed by this part shall include payment by credit card.
Acts 1976, ch. 821, § 8; T.C.A., § 12-242; Acts 1983, ch. 244, § 1; 2011 , ch. 295, §§ 9 (a), (i), 19; 2012 , ch. 626, § 6.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 4 - STATE SURPLUS PERSONAL PROPERTY ACT OF 1976 (§§ 12-2-401 — 12-2-421) › Section 12-2-409 - Disposal - Exempt personal property

(a)
Disposal of surplus personal property which is determined to not be salvageable or usable, in accordance with regulations of the procurement commission, and disposal of surplus property in the collection of the Tennessee state museum, are exempt from this part; provided, that such disposals are made in accordance with regulations of the procurement commission.
(b)
(1)
Disposal of surplus personal property in the possession of the general assembly is exempt from this part; provided, that such disposals are made in a commercially reasonable manner pursuant to the policies and guidelines developed by the joint legislative services committee, created by §
3-10-101
, and approved by both speakers.
(2)
A member of the general assembly may purchase office furniture, equipment, or other personal property for use in the home district legislative office of such member if such furniture, equipment or property has been declared surplus and classified for disposal pursuant to the policies and guidelines developed and approved pursuant to subdivision (b)(1).
(3)
(A)
Except as permitted by subdivision (b)(2), it is hereby declared unlawful for any state official or employee to purchase from the general assembly except by bid at public auction or by internet auction, using a personal computer on personal time, any surplus property during the tenure of such person's office or employment, or for six (6) months thereafter.
(B)
A purchaser who violates this subdivision (b)(3) commits a Class A misdemeanor.
Acts 1976, ch. 821, § 9; T.C.A., § 12-243; Acts 1981, ch. 277, § 1; 2011, ch. 295, §§ 9(a), 19; 2012, ch. 626, § 7.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 4 - STATE SURPLUS PERSONAL PROPERTY ACT OF 1976 (§§ 12-2-401 — 12-2-421) › Section 12-2-410 - Disposals - Procedures

All disposals of surplus state personal property shall be conducted by the department of general services, in accordance with this part and applicable regulations of the procurement commission. The procurement commission may, however, in its discretion, designate the department having jurisdiction over the producing facility as the agent for disposal in the case of surplus agricultural products or livestock; provided, that such disposal is made in accordance with the other provisions of this part and the applicable regulations of the procurement commission.
Acts 1976, ch. 821, § 10; T.C.A., § 12-244; Acts 2011, ch. 295, §§ 9(a), (j), 19; 2012, ch. 626, § 5.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 4 - STATE SURPLUS PERSONAL PROPERTY ACT OF 1976 (§§ 12-2-401 — 12-2-421) › Section 12-2-411 - Disposition of proceeds

The proceeds from the disposal of property under this part shall be remitted to the department releasing such property. The commissioner shall charge the releasing department a reasonable fee to cover the cost of disposition of the property, except where the releasing department is authorized pursuant to §
12-2-410
to serve as the agent for disposal. The method of determining such fee shall be governed by regulations of the procurement commission.
Acts 1976, ch. 821, § 11; T.C.A., § 12-245; Acts 2011, ch. 295, §§ 9(a), 19.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 4 - STATE SURPLUS PERSONAL PROPERTY ACT OF 1976 (§§ 12-2-401 — 12-2-421) › Section 12-2-412 - Violations - Penalties

(a)
It is hereby declared unlawful for any state official or employee to purchase from the state except by bid at public auction or by internet auction, using a personal computer on personal time, any surplus property during the tenure of such person's office or employment, or for six (6) months thereafter.
(b)
A purchaser who violates this section commits a Class A misdemeanor.
Acts 1976, ch. 821, § 12; T.C.A., § 12-246; Acts 1989, ch. 591, §§ 1, 6; 2004, ch. 554, § 1.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 4 - STATE SURPLUS PERSONAL PROPERTY ACT OF 1976 (§§ 12-2-401 — 12-2-421) › Section 12-2-413 - Disposals pursuant to statute valid

Bids, negotiations, purchases, trade-ins, and other procedures for disposal of surplus personal property authorized by statute and regulation shall not be construed as in violation of any law prohibiting arrangements, contracts, agreements, trusts, or combinations which lessen full and free competition in the disposal of state surplus personal property or which tend to control the price of such property.
Acts 1976, ch. 821, § 13; T.C.A., § 12-247.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 4 - STATE SURPLUS PERSONAL PROPERTY ACT OF 1976 (§§ 12-2-401 — 12-2-421) › Section 12-2-414 - Rules and regulations

The promulgation of rules and regulations pursuant to this part shall be in conformity with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1976, ch. 821, § 14; T.C.A., § 12-248.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 4 - STATE SURPLUS PERSONAL PROPERTY ACT OF 1976 (§§ 12-2-401 — 12-2-421) › Section 12-2-415 - State surplus property disposition regulation

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.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 4 - STATE SURPLUS PERSONAL PROPERTY ACT OF 1976 (§§ 12-2-401 — 12-2-421) › Section 12-2-416 - Violation of Section 12-2-415

A violation of §
12-2-415
is a Class E felony.
Acts 1976, ch. 799, § 2; T.C.A., § 12-250; Acts 1989, ch. 591, § 23.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 4 - STATE SURPLUS PERSONAL PROPERTY ACT OF 1976 (§§ 12-2-401 — 12-2-421) › Section 12-2-417 - State employee violation - Punishment

A state employee who violates §
12-2-415
shall be punished by removal from employment in the state service and shall be prohibited from such employment for a period of five (5) years, in addition to the penalties provided in §
12-2-416
.
Acts 1976, ch. 799, § 3; T.C.A., § 12-251.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 4 - STATE SURPLUS PERSONAL PROPERTY ACT OF 1976 (§§ 12-2-401 — 12-2-421) › Section 12-2-418 - [Repealed] [Repealed]

Repealed by 2013 Tenn. Acts, ch. 118, s 1, eff. 4/12/2013.
Acts 2009 , ch. 244, § 1.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 4 - STATE SURPLUS PERSONAL PROPERTY ACT OF 1976 (§§ 12-2-401 — 12-2-421) › Section 12-2-419 - Resale of surplus property - Disposition of proceeds

(a)
Notwithstanding any provision of law, rule or regulation to the contrary, any profit realized from the resale of surplus property transferred to vocational programs operated under title 49, chapter 11, or state technical institutes operated by the state board of regents when such entity or corporation has repaired the item through its vocational program for the purpose of resale shall not revert to the state but may be retained by such entity or corporation. Notwithstanding any provision of the law to the contrary, such surplus property may be resold at any time after it has been repaired without prior approval of the procurement commission.
(b)
The resale of such surplus property shall be made only after public advertisement of the sale in a newspaper of general circulation in the county or municipality in which the sale will take place at least twice in a two-week period preceding the sale.
Acts 1991, ch. 364, § 1; 1994, ch. 709, § 1; 2011, ch. 295, §§ 9(a), 19.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 4 - STATE SURPLUS PERSONAL PROPERTY ACT OF 1976 (§§ 12-2-401 — 12-2-421) › Section 12-2-420 - Transfers of surplus personal property among governmental entities

(a)
Notwithstanding any other provisions of law, counties, municipalities and metropolitan governments may purchase, trade or receive as a gift, upon approval of the governing bodies involved in the transaction, any used or surplus personal property from another county, municipality, metropolitan government, state government, federal government or any instrumentality of the foregoing, without regard to any laws regarding public advertisement and competitive bidding. A transfer of surplus personal property from the state of Tennessee must satisfy the requirements of §
12-2-407
. Also notwithstanding any other provision of law, any county, municipality, or metropolitan government may by resolution or ordinance of its governing body establish a procedure for the disposition of its surplus personal property to other governmental entities, including, but not limited to, counties, municipalities, metropolitan governments, the state of Tennessee, the federal government, other states or their political subdivisions and the instrumentalities of any of the foregoing, by sale, gift, trade, or barter upon such terms as the governing body may authorize, without regard to any other provisions of law regarding the sale or disposition of used or surplus personal property.
(b)
This section shall be construed as supplemental authority for counties, municipalities and metropolitan governments.
Amended by 2022 Tenn. Acts, ch. 713, s 1, eff. 3/18/2022.
Acts 1989, ch. 305, § 1; T.C.A. §
12-3-1005
.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 4 - STATE SURPLUS PERSONAL PROPERTY ACT OF 1976 (§§ 12-2-401 — 12-2-421) › Section 12-2-421 - Purchases of property at public auctions - Reporting

(a)
Notwithstanding the requirements of its charter, or any other law, any municipality or county may purchase at any publicly advertised auction new or secondhand articles or equipment or other materials, supplies, commodities and equipment without public advertisement and competitive bidding. The governing body shall establish written procedures governing purchases at publicly advertised auctions.
(b)
If a municipality or county purchases any materials, supplies, commodities or equipment at a publicly advertised auction pursuant to subsection (a), then the purchasing official shall report the following information to the governing body of the municipality or county making such purchase:
(1)
A description of the materials, supplies, commodities or equipment that was purchased;
(2)
The auction where such items were purchased;
(3)
The purchase price of such items; and
(4)
The vendor of such materials, supplies, commodities or equipment.
Acts 1994, ch. 795, §§ 1, 2; T.C.A. §
12-3-1006
.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 5 - SALE OF SURPLUS PUBLIC PROPERTY (§ 12-2-501) › Section 12-2-501 - Disposal of real or personal property by private negotiation and sale

Notwithstanding any rule, regulation or other law to the contrary, any county, metropolitan government, municipality or other political subdivision of this state, upon majority vote of the local legislative body, may dispose of real property or personal property by private negotiation and sale where:
(1)
The real or personal property is significant for its architectural, archaeological, artistic, cultural or historical associations, or significant for its relationship to other property significant for architectural, archaeological, artistic, cultural or historical associations, or significant for its natural, scenic or open condition;
(2)
The real or personal property is to be sold to a nonprofit corporation or trust whose purposes include the preservation or conservation of real or personal properties of architectural, archaeological, artistic, cultural, historical, natural or scenic significance; and
(3)
A preservation agreement or conservation agreement is placed in the deed conveying the property from the county, metropolitan government, municipality or other political subdivision of this state to the nonprofit corporation or trust. The nonprofit corporation or trust shall only dispose of or use such real or personal property subject to covenants or other legally binding restrictions that will promote the preservation or conservation of the property, and, where appropriate, secure rights of public access.
Added by 2013 Tenn. Acts, ch. 115,s 1, eff. 4/12/2013.
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 1 - GENERAL PROVISIONS (§§ 12-3-101 — 12-3-104) › Section 12-3-101 - State requirements to be purchased by the central procurement office

Except as provided in §§
12-3-102
and
12-3-103
, all goods and services, and all telephone, telegraph, electric light, gas, power, postal services, and the leasing of any equipment required for the use of state government, shall be purchased and contracted for by the central procurement office consistent with the requirements of this chapter and any rules, regulations or policies and procedures approved by the procurement commission.
Amended by 2013 Tenn. Acts, ch. 403,s 8, eff. 7/1/2013.
Acts 1953, ch. 163, § 2 (Williams, § 370.11); impl. am. Acts 1959, ch. 9, § 5; impl. am. Acts 1961, ch. 97, § 5; impl. am. Acts 1972, ch. 543, § 7; Acts 1976, ch. 601, § 1; T.C.A. (orig. ed.), § 12-309; Acts 1986, ch. 896, § 1; 1995, ch. 305, § 97.
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 1 - GENERAL PROVISIONS (§§ 12-3-101 — 12-3-104) › Section 12-3-102 - Exempt agencies and purchases

(a)
Procurements and contracts by and for the following state governmental entities shall be exempt from the operation of this chapter:
(1)
The legislative branch;
(2)
The judicial branch;
(3)
The board of trustees of the University of Tennessee system, the Tennessee board of regents system, the state university boards, the Tennessee higher education commission, and the Tennessee student assistance corporation;
(4)
Contracts advertised and awarded by the state building commission pursuant to §
4-15-102
. If there is a question whether a contract or procurement requires state building commission or central procurement office approval, the chief procurement officer and the state architect shall determine in writing the procurement method or the contract form that is in the best interest of the state. Any such agreement reached by the chief procurement officer and the state architect shall be subject to the approval of the comptroller of the treasury;
(5)
Construction and engineering contracts entered into by the department of transportation pursuant to title 54, chapter 5;
(6)
Contracts for procurement of services in connection with the issue, sale, purchase, and delivery of bonds, notes and other debt obligations or the administration, safekeeping, and payment after delivery of such debt obligations by the state or any of its agencies;
(7)
Contracts for appraisal, relocation or acquisition services related to the acquisition of land that are entered into by the department of transportation pursuant to title 54, chapter 5; and
(8)
Administrative contracts for specific service signs pursuant to title 54, chapter 5, part 11, shall be awarded to the vendor who offers the lowest responsible response. The basis of all responses shall be the least cost to the retail user of the signs. All administrative contracts shall be awarded on an objective, competitive basis pursuant to rules and regulations promulgated by the department of transportation.
(b)
Notwithstanding subsection (a), any or all state entities exempt from the requirements of this part, as well as any private nonprofit institution of higher education chartered in this state, are authorized to procure goods or services under this chapter through the central procurement office.
Amended by 2020 Tenn. Acts, ch. 794, s 2, eff. 8/1/2020.
Amended by 2016 Tenn. Acts, ch. 869, s 32, eff. 7/1/2016.
Amended by 2013 Tenn. Acts, ch. 403, s 9, eff. 7/1/2013.
Acts 1953, ch. 163, § 31 (Williams, § 370.40); T.C.A. (orig. ed.), §§ 12-337, 12-3-131.
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 1 - GENERAL PROVISIONS (§§ 12-3-101 — 12-3-104) › Section 12-3-103 - Requirements of professional persons or groups providing fiscal agent, financial advisor, advisory or consultant services covered by this part

(a)
Contracts for legal services, fiscal agent, financial advisor or advisory services, educational consultant services, and similar services by professional persons or groups with high ethical standards, shall not be based upon competitive procurement methods, but shall be awarded on the basis of recognized competence and integrity. The prohibition against competitive procurement in this section shall not prohibit any entity enumerated from interviewing eligible persons or entities to determine the capabilities of such persons or entities.
(b)
Any person providing fiscal agent, financial advisor or advisory services covered by this part shall perform such services only pursuant to a written contract specifying the services to be rendered, the costs of the services, and the expenses to be covered under such contract.
(c)
Any person providing fiscal agent, financial advisor or advisory services covered by this part who desires to respond, directly or indirectly, on any bonds, notes or other obligations of such entity sold pursuant to public, competitive sale shall receive in writing prior to the sale the permission of such entity to respond either directly or indirectly on the obligations.
(d)
For the purposes of this section, "providing fiscal agent, financial advisor or advisory services" means a relationship that exists when a person renders, or enters into an agreement to render, financial advisory or consultant services to or on behalf of an issuer with respect to a new issue or issues of municipal securities, including advice with respect to the structure, timing, terms and other similar matters concerning such issue or issues, for a fee or other compensation or in expectation of such compensation for the rendering of such services.
(e)
A financial advisory relationship shall not be deemed to exist when, in the course of acting as an underwriter, a municipal securities dealer renders advice to an issuer, including advice with respect to the structure, timing, terms and other similar matters concerning a new issue of municipal securities.
Amended by 2013 Tenn. Acts, ch. 403,s 10, eff. 7/1/2013.
Acts 1953, ch. 163, § 30 (Williams, § 370.39); impl. am. Acts 1957, ch. 4, § 1; impl. am. Acts 1959, ch. 9, § 5; impl. am. Acts 1961, ch. 97, § 5; Acts 1969, ch. 115, § 1; impl. am. Acts 1969, ch. 302, § 1; Acts 1971, ch. 405, § 1; impl. am. Acts 1972, ch. 543, § 7; Acts 1973, ch. 144, § 4; 1973, ch. 216, § 1; 1975, ch. 60, § 1; 1977, ch. 437, § 1; 1978, ch. 932, § 3; T.C.A. (orig. ed.), § 12-336; Acts 1980, ch. 741, § 4; T.C.A., § 12-3-130; Acts 1981, ch. 332, § 17; 2010, ch. 694, § 1; 2010, ch. 1098, § 2; 2011, ch. 295, §§ 5, 19; 2012, ch. 731, § 1.
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 1 - GENERAL PROVISIONS (§§ 12-3-101 — 12-3-104) › Section 12-3-104 - Transfer of equipment between departments, institutions and agencies

Whenever any state department or agency applies to the department of general services to lease or rent any equipment, the department of general services shall first ascertain whether or not any such equipment is available for use from any other department, institution, or agency. The department of general services shall have the power to request the transfer of any such equipment from one (1) department, institution, or agency to another with the approval of the head of the transferring department, institution, or agency.
Amended by 2013 Tenn. Acts, ch. 403,s 11, eff. 7/1/2013.
Acts 1953, ch. 163, § 28 (Williams, § 370.37); impl. am. Acts 1959, ch. 9, § 5; impl. am. Acts 1961, ch. 97, § 5; impl. am. Acts 1972, ch. 543, § 7; T.C.A. (orig. ed.), §§ 12-329, 12-3-124; Acts 2009, ch. 106, § 5.
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 2 - BIDDING, CONTRACTS AND PURCHASES GENERALLY (§§ 12-3-201 — 12-3-202) › Section 12-3-202 - Long distance telephone service for students at state universities and colleges

Subject to the regulations and requirements of the Tennessee public utility commission and other state or federal bodies, the central procurement office is authorized to extend the use of the state network long distance telephone service to students at state universities and colleges. If the central procurement office extends such service, it shall charge the institution the amount that it costs the state for such service.
Amended by 2017 Tenn. Acts, ch. 94,s 79, eff. 4/4/2017.
Amended by 2013 Tenn. Acts, ch. 403,s 14, eff. 7/1/2013.
Acts 1987, ch. 337, § 3.
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 3 - COST PRINCIPLES AND AUDIT (§§ 12-3-301 — 12-3-312) › Section 12-3-301 - Written acquisition plan - Data relating to purchases and purchase estimates - Amendments to acquisition plan

(a)
(1)
Before April 1 of each year, each state agency shall compile and submit to the chief procurement officer and the comptroller of the treasury, a written acquisition plan for the upcoming fiscal year forecasting the specific categories and quantities of goods and services anticipated for purchase by the state agency. The chief procurement officer shall develop procedures to ensure uniformity among the various state agencies both in the manner of calculating such forecasts and in the style and format used for submitting such written acquisition plans to the chief procurement officer. The information contained within such forecasts shall be based on good faith estimates and shall not be construed in any way to legally bind or authorize the state agency to make any purchase in conflict with the other requirements of this chapter.
(2)
This subsection (a) shall not apply to those entities exempt from this chapter pursuant to §
12-3-102
.
(b)
Before July 1 of each year, the chief procurement officer shall compile and publish the written acquisition plans submitted by the various agencies pursuant to subsection (a), within an annual report that shall be entitled "The Forecast of Acquisition Plans for State Departments and Agencies for Fiscal Year _____-_____." A copy of the report shall be posted on the central procurement office's website.
(c)
It is the duty of all state agencies to furnish to the central procurement office, upon request, data relating to purchases and purchase estimates.
(d)
An agency is permitted to amend or supplement its written acquisition plan before the end of a given fiscal year for unforeseen circumstances pursuant to rules, regulations and policies approved by the commission.
Amended by 2013 Tenn. Acts, ch. 403,s 16, eff. 7/1/2013.
Acts 1981, ch. 332, § 18; 2010, ch. 1098, § 2; 2011, ch. 295, §§ 5, 19.
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 3 - COST PRINCIPLES AND AUDIT (§§ 12-3-301 — 12-3-312) › Section 12-3-302 - Bidding not to include statement that bidder willing to meet lowest bid price - Exception where negotiation permitted

(a)
Any statement or agreement in which the respondent is asked to indicate a willingness to meet the low price, if such respondent is not the low respondent, is adverse to the competitive procurement standards and shall not be included in any solicitation to be awarded by any state agencies.
(b)
This section applies to divisible contracts.
(c)
This section shall not apply when applicable law permits negotiated contracts.
(d)
For the purposes of this section, contracts for the administration of specific service signs pursuant to title 54, chapter 5, part 11 shall not be negotiable.
Amended by 2013 Tenn. Acts, ch. 403,s 17, eff. 7/1/2013.
Acts 1981, ch. 332, § 19; 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 3 - COST PRINCIPLES AND AUDIT (§§ 12-3-301 — 12-3-312) › Section 12-3-304 - Unauthorized contracts void - Personal liability of officers and heads of agencies

(a)
When any state agency required by this chapter to purchase goods or services through the central procurement office, contracts for the purchase of goods or services contrary to this chapter or the rules and regulations made hereunder, such contract shall be void and of no effect.
(b)
When the central procurement office contracts for the purchase of goods or services contrary to this chapter or the rules and regulations made hereunder, such contract shall also be void and of no effect.
(c)
If any state agency, including the central procurement office, purchases any goods or services contrary to this chapter or the rules and regulations made hereunder, then the chief procurement officer or head of such state agency shall be personally liable for the costs thereof, and if such goods or services are so unlawfully purchased and paid for out of state moneys, then the amount thereof may be recovered in the name of the state in an appropriate action instituted by the state.
Amended by 2013 Tenn. Acts, ch. 403,s 18, 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 3 - COST PRINCIPLES AND AUDIT (§§ 12-3-301 — 12-3-312) › Section 12-3-306 - Registration with the department of revenue to collect and remit sales and use taxes - Development of procedures for compliance

(a)
A state governmental entity shall not contract to acquire goods or services, and no person may contract to supply goods or services to a state governmental entity, unless, prior to, or contemporaneous with, entering into the contract, the person contracting to supply goods or services and its affiliates register with the department of revenue to collect and remit the sales and use tax levied by the Retailers' Sales Tax Act, compiled in title 67, chapter 6. Nothing in this section shall require a person or affiliate to register if the person or affiliate does not make sales to customers in the state of tangible personal property or services, which if the sales occurred wholly within the state, would be taxable under title 67, chapter 6. This section is specifically applicable to foreign persons, notwithstanding the fact that such foreign persons or their affiliates may not otherwise be legally obligated to collect and remit such tax.
(b)
For purposes of this section:
(1)
"Affiliates" means each and every affiliate of the person contracting with the state or other state entities, as the term "affiliate" is defined in §
48-103-102
;
(2)
"Other state entities" has the same meaning as in §
12-4-601
; and
(3)
"Person" or "persons" has the same meaning as in §
67-6-102
.
(c)
The commissioner of revenue and the chief procurement officer shall develop procedures for compliance with this section with approval by the procurement commission.
Amended by 2013 Tenn. Acts, ch. 403,s 18, eff. 7/1/2013.
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 3 - COST PRINCIPLES AND AUDIT (§§ 12-3-301 — 12-3-312) › Section 12-3-307 - Application of procedural and administrative accountability requirements to matching funds

Contracting state agencies that establish the procedural and administrative accountability requirements shall apply these requirements to all matching funds. The established procedural and administrative requirements shall remain in effect for the entire fiscal year covered by the third party contract, and no contracting agency shall modify or amend these procedures without the state agency's approval.
Amended by 2013 Tenn. Acts, ch. 403,s 18, 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 3 - COST PRINCIPLES AND AUDIT (§§ 12-3-301 — 12-3-312) › Section 12-3-309 - Prohibited contracts

(a)
Prohibited contracts:
(1)
No state governmental entity shall contract to acquire goods or services from any person who knowingly utilizes the services of illegal immigrants in the performance of a contract for goods or services entered into with a state governmental entity;
(2)
No person may contract to supply goods or services to a state governmental entity if that person knowingly utilizes the services of illegal immigrants in the performance of a contract to supply goods or services entered into with the state or a state entity.
(b)
After January 1, 2007, no person may enter into a contract to supply goods or services to a state governmental entity without first attesting in writing that the person will not knowingly utilize the services of illegal immigrants in the performance of the contract, and will not knowingly utilize the services of any subcontractor who will utilize the services of illegal immigrants in the performance of the contract.
(c)
If any person who contracts to supply goods or services to a state governmental entity, or who submits a response to contract to supply goods or services to a state governmental entity, is discovered to have knowingly utilized the services of illegal immigrants in the performance of the contract to supply goods or services to a state governmental entity, the chief procurement officer shall declare that person to be prohibited from contracting for or submitting a response for any contract to supply goods or services to a state governmental entity for a period of one (1) year from the date of discovery of the usage of illegal immigrant services in the performance of a contract to supply goods or services to a state governmental entity.
(d)
Any person who is prevented from contracting for or submitting a response for a contract to supply goods or services to a state governmental entity for one (1) year pursuant to subsection (c) may appeal the imposition of the one-year prohibition by utilizing an appeals process to be established by the chief procurement officer and approved by the procurement commission.
(e)
The chief procurement officer is authorized to promulgate rules and regulations to effectuate the purposes of this section and shall be approved by the procurement commission. All rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Amended by 2013 Tenn. Acts, ch. 403,s 18, eff. 7/1/2013.
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 3 - COST PRINCIPLES AND AUDIT (§§ 12-3-301 — 12-3-312) › Section 12-3-310 - Definition of "call center" - Contracts for call center services

(a)
As used in this section, "call center" includes a person who performs services, including, but not limited to, data entry services, electronic governmental transfers, or other electronic, telephone and telecommunication services.
(b)
The chief procurement officer shall promulgate regulations pursuant to title 4, chapter 56, authorizing a preference in the evaluation of proposals for state contracts requiring vendors of call center services to only employ, use, or contract with citizens of the United States who reside in the United States, or any person authorized to work in the United States pursuant to federal law, including legal resident aliens in the United States to provide call center services.
(c)
Any respondent seeking this preference shall supply such supporting documentation as the state may require and shall certify that it will provide services solely by citizens of the United States who reside within the United States, or persons authorized to work in the United States pursuant to federal law, including legal resident aliens in the United States. The certification shall acknowledge and confirm the right of the state to audit and monitor compliance and seek appropriate remedies for noncompliance.
Amended by 2013 Tenn. Acts, ch. 403,s 18, eff. 7/1/2013.
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 3 - COST PRINCIPLES AND AUDIT (§§ 12-3-301 — 12-3-312) › Section 12-3-311 - Certain noncompetitive purchases and contracts entered into by the department of transportation are subject to the approval of the comptroller of the treasury - Review by the fiscal review committee

All noncompetitive purchases and contracts entered into by the department of transportation for nonconstruction and nonengineering projects or services with a term of more than one (1) year or which are renewable by either party that would extend the contract beyond twelve (12) months and which have a cumulative value of not less than two hundred fifty thousand dollars ($250,000), including all possible renewals, shall be subject to the approval of the comptroller of the treasury. A list of all such purchases and contracts shall be filed with and subject to review by the fiscal review committee.
Added by 2013 Tenn. Acts, ch. 217,s 1, eff. 4/23/2013.
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 3 - COST PRINCIPLES AND AUDIT (§§ 12-3-301 — 12-3-312) › Section 12-3-312 - Contract Accountability and Responsible Employment (CARE)

(a)
As used in this section, "state agency" also includes institutions of higher education. "State agency" does not include the department of treasury, the Tennessee financial literacy commission, the Tennessee consolidated retirement system, or any office of a constitutional officer of this state.
(b)
Prior to the procurement of a contract for services between a state agency and a private party in excess of two and one-half million dollars ($2,500,000) and that results in the layoff or furlough of one (1) or more state employees, the state agency shall produce an economic impact statement using professionally accepted methodologies. The economic impact statement must include the information identified in §
4-33-104(b)
.
(c)
An economic impact statement produced under subsection (b) must be submitted to the fiscal review committee for dissemination to the members of the general assembly no less than forty-five (45) days prior to the execution of the contract.
(d)
Upon receipt of an economic impact statement under subsection (c), the chair of the fiscal review committee may schedule a hearing to review the economic impact statement.
(e)
A state agency notified of a hearing conducted under subsection (d) shall provide the fiscal review committee, upon request, any information reasonably related to the proposed contract that the committee deems relevant; provided, that a state agency is not required to produce privileged information or any record that is not open for public inspection pursuant to state law.
(f)
Upon compliance with subsections (b) and (c), nothing in this section prohibits a state agency from executing a proposed contract for services that is subject to this section.
(g)
This section applies only to contracts procured on and after March 9, 2018, and does not apply to any contract for services executed on or before March 9, 2018, including, but not limited to, any option for renewal or extension of such contract.
Acts 2018, ch. 544, § 2.
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 4 - BOARD OF STANDARDS [Repealed] (§ 12-3-401) › Section 12-3-401 - Procedure for delegated authority

(a)
The chief procurement officer may authorize any or all state agencies to procure all or any specific types and classes of goods or services, without following the procedures relating to the requisitioning of such goods or services through the central procurement office. The comptroller of the treasury shall review and approve such delegations as required by procurement commission policy. The chief procurement officer shall consider the individual state agency's purchasing record in these delegations and shall periodically review purchasing activities of any state agency granted such delegation, and may reduce or revoke such delegated purchasing authority.
(b)
It is intended that delegation of purchase authority may be made by state agency, by type of good or service, by dollar amount of procurement, or by any combination thereof, in order to reduce the procurement time required and to increase the amount of purchases made from any minority-owned business, woman-owned business, service-disabled veteran-owned business, business owned by persons with disabilities, or small business, as defined in §
12-3-1102
.
(c)
Upon delegated authority, any procurement not exceeding fifty thousand dollars ($50,000), for which a source of supply has not otherwise been established, shall be made without requisitioning such goods or services through the central procurement office; provided, that procurement requirements shall not be artificially divided so as to constitute a small purchase under this section.
(d)
All requisitions and solicitations provided for in this section shall be posted on the state procurement office's website, at a minimum providing the following information, as applicable, regarding each such procurement:
(1)
Procuring agency;
(2)
Requisition number;
(3)
Vendor;
(4)
Total amount of requisition;
(5)
Line item of description; and
(6)
Line item amount.
Amended by 2017 Tenn. Acts, ch. 485,s 1, eff. 6/6/2017.
Added by 2013 Tenn. Acts, ch. 403,s 19, eff. 7/1/2013.
Acts 1953, ch. 163, § 3 (Williams, § 370.12); 1970, ch. 548, § 1; 1972, ch. 543, § 16; 1976, ch. 806, § 1(50); T.C.A. (orig. ed.), §§ 12-301, 12-3-201; Acts 2010, ch. 1098, § 2; 2011, ch. 295, §§ 5, 19, repealed by Acts 2011, ch. 295, § 11, effective 4/1/2012
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 5 - SPECIFICATIONS (§§ 12-3-501 — 12-3-515) › Section 12-3-501 - Award of contracts by competitive sealed solicitations

Unless otherwise authorized by law, state contracts shall be awarded by competitive sealed solicitations by the central procurement office in the manner set forth in §
12-3-502
, except as provided in §
12-3-401
and §§
12-3-503
- 12-3-508.
Amended by 2013 Tenn. Acts, ch. 403,s 20, eff. 7/1/2013.
Acts 1953, ch. 163, § 4 (Williams, § 370.13); modified; impl. am. Acts 1959, ch. 9, § 5; impl. am. Acts 1961, ch. 97, § 5; impl. am. Acts 1972, ch. 543, § 7; T.C.A. (orig. ed.), §§ 12-304, 12-3-204; Acts 1981, ch. 332, § 2; 2010, ch. 1098, § 2; 2011, ch. 295, §§ 5, 19.