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§ 12-4-101. Personal Interest of Officers Prohibited

It is unlawful for any officer, committee member, director, or other person whose duty it is to vote for, let out, overlook, or in any manner to superintend any work or any contract in which any municipal corporation, county, state, development district, utility district, human resource agency, or other political subdivision created by statute shall […]

§ 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 […]

§ 12-4-103. Bidding, Sale, or Offer for Sale by State Employees Prohibited

It is hereby declared unlawful for any state official or employee to bid on, sell, or offer for sale, any merchandise, equipment or material, or similar commodity, to the state of Tennessee during the tenure of such official’s or employee’s office or employment, or for six (6) months thereafter, or to have any interest in […]

§ 12-4-104. Penalty for Unlawful Transactions

It is an offense for a public employee or former public employee having official responsibility for procurement transactions to accept employment with any respondent to a solicitation or contractor with whom the employee or former employee dealt in an official capacity concerning procurement transactions for a period of one (1) year from the cessation of […]

§ 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.

§ 12-4-107. Contracts for Professional Services

All contracts for architectural and engineering services procured by any municipal corporation, county, state, development district, utility district, human resource agency, or other political subdivision created by statute, and all contracts for construction services procured by any county, city, metropolitan government, or town for projects described in subsection (b), shall meet the following requirements: In […]

§ 12-4-108. Withdrawal of Retained Funds — Contractors

Any construction contractor may, from time to time, withdraw any part, or the whole, of the amount which has been retained from partial payments to the contractor pursuant to the terms of the contract upon the deposit of securities in the manner described in this section. This section shall require delivery of securities to or […]

§ 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 […]

§ 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.

§ 12-4-111. Standard Prototype Design for Correctional Facilities

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 […]

§ 12-4-112. State Agency Contract Guidelines

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. 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 […]

§ 12-4-113. Deadline for Addenda and Questions Concerning Bid Documents

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 […]

§ 12-4-114. No Conflict of Interest Allowed

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. No public employee having official responsibility for a procurement transaction shall participate in that transaction […]

§ 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, […]

§ 12-4-118. Energy Performance or Guaranteed Energy Savings Contract Pilot Projects — Alternative Procurement or Contracting Vehicles

Notwithstanding any law to the contrary, for purposes of developing and implementing up to five (5) energy performance or guaranteed energy savings contract pilot projects for state-owned buildings and facilities, state procurement agencies may enter into an energy performance or guaranteed energy savings contract using alternative procurement or contracting vehicles, including, but not limited to, […]