Tennessee § 12-3-102 - Exempt agencies and purchases.

§ 12-3-102. Exempt agencies and purchases.

Procurements and contracts by and for the following state governmental entities shall be exempt from the operation of this chapter: The legislative branch; The judicial branch; 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; 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; Construction and engineering contracts entered into by the department of transportation pursuant to title 54, chapter 5; 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; 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 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. 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. Acts 2013, ch. 403, § 9; 2016, ch. 869, § 32; 2020, ch. 794, § 2. Compiler's Notes. For the disposition of sections in title 12, ch. 3, as amended by Acts 2013, ch. 403, effective July 1, 2013, please see the table of disposition in § 12-3-101 . Former title 12, ch. 3, part 1, §§ 12-3-101 — 12-3-133 (Williams, §§ 370.11, 370.27, 370.31, 370.32, 370.37, 370.39, 370.40); 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; 1973, ch. 320, § 4; 1975, ch. 60, § 1; 1976, ch. 601, § 1; 1976, ch. 776, §§ 1, 2; 1977, ch. 437, § 1; 1978, ch. 932, § 3; T.C.A. (orig. ed.), §§ 12-309, 12-328, 12-329, 12-333, 12-334, 12-336; 12-337, 12-3-123 , 12-3-124 , 12-3-128 , 12-3-131 , 12-3-132 ; Acts 1980, ch. 741, § 4; T.C.A., § 12-3-130 ; Acts 1981, ch. 332, §§ 16, 17; 1986, ch. 896, § 1; 1987, ch. 337, § 17; 1995, ch. 305, § 97; 1996, ch. 682, § 1; 2003, ch. 288, § 1; 2009, ch. 106, § 5; 2010, ch. 694, § 1; 2010, ch. 1098, § 2; 2011, ch. 295, §§ 5, 19; 2012, ch. 731, § 1) was repealed and reenacted by Acts 2013, ch. 403, §§ 8-12, effective July 1, 2013. Former title 12, chs. 3 and 4 were recodified by Acts 2013, ch. 403, effective July 1, 2013. In the recodification, some provisions similar to parts of § 12-4-109 were transferred to this section. Former §§ 12-3-108 — 12-3-132 were transferred in 1981. Acts 2013, ch. 403, § 83 provided that the act, which repealed and reenacted this part, shall apply to contracts entered into or renewed on and after July 1, 2013. Acts 2016, ch. 869, § 33 provided that the state university boards are authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Compiler's Notes. For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794. Acts 2020, ch. 794, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”. Amendments. The 2020 amendment, in (a)(3), deleted “and” following “regents system” and added “, the Tennessee higher education commission, and the Tennessee student assistance corporation”. Effective Dates. Acts 2020, ch. 794, § 70. August 1, 2020. Attorney General Opinions. Applicability of procurement requirements when providing grants and entering into agreements to assist impaired professionals pursuant to T.C.A. § 63-1-136 ; applicability to grant contracts for peer assistance issued by health-related regulatory boards under T.C.A. § 63-1-136 . OAG 14-98, 2014 Tenn. AG LEXIS 101 (10/30/14).