Tennessee § 12-3-303 - Execution of contracts by executive branch state agencies — Approval by chief procurement officer — Contracts for rendering public relations, advertising or related services — Applicability to various contracts — Posting of contracts on state procurement office’s website.

§ 12-3-303. Execution of contracts by executive branch state agencies — Approval by chief procurement officer — Contracts for rendering public relations, advertising or related services — Applicability to various contracts — Posting of contracts on state procurement office’s website.

Any contract for goods or services entered into by an executive branch state agency shall be executed by the head of such state agency and approved by the chief procurement officer. Notwithstanding any other law to the contrary, approval of the chief procurement officer and no other officer of the state government is necessary, except as follows: Contracts for financial management or accounting services shall also be approved by the commissioner of finance and administration; Contracts for auditing services shall also be approved by the comptroller of the treasury; Contracts for engineering or architectural services shall also be approved by the office of the state architect; Contracts of the Tennessee higher education commission, the Tennessee student assistance corporation, and all state colleges and universities operated by the board of trustees of the University of Tennessee, the board of regents, and the state university boards do not need to be approved by the chief procurement officer; however, these contracts are subject to applicable provisions of the rules and policies promulgated by the central procurement office and approved by the procurement commission; or Those procurements, contracts, grants, and other documents subject to approval by the comptroller of the treasury pursuant to § 4-56-108 or otherwise required by law. All contracts for rendering public relations, advertising or related services entered into by or on behalf of agencies and departments of the executive branch of state government shall be restricted to provide for only the rendition of media advertising and related design and production services, except as otherwise determined in accordance with policies established by the procurement commission. This section shall not apply to construction and engineering contracts entered into by the department of transportation pursuant to title 54, chapter 5, or to contracts for projects required by law to be approved by the state building commission. This section shall not apply to contracts to hire additional counsel for the state or any of its departments, institutions or agencies; provided, that all such contracts shall be made in accordance with § 8-6-106, except for legal counsel employed pursuant to any statute concerning the issuance and sale of bonds, notes, or other obligations. This section shall not apply to 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. All contracts for goods and services shall be posted on the state procurement office's website, at a minimum providing the following information, as applicable, regarding each request for goods or services: Business unit or agency requesting; Contract number; Brief description of the contract; Type of contract; Commencement date of the contract; Ending date of the contract; Maximum liability; and Status of the contract. Acts 2013, ch. 403, § 18; 2020, ch. 794, § 3. 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 3, §§ 12-3-301 — 12-3-314 (Acts 1981, ch. 332, §§ 18-20; 2000, ch. 722, § 1; 2004, ch. 798, § 1; 2010, ch. 1098, § 2; T.C.A. § 12-3-215 ; 2011, ch. 295, §§ 5, 19), concerning cost principles and audit, was transferred to title 12, ch. 3, part 6 by Acts 2013, ch. 403, §§ 35-37, 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 former §§ 12-4-109 and 12-4-110 were transferred to this section. Acts 2013, ch. 403, § 83 provided that the act, which transferred former title 12, ch. 3, part 3 to title 12, ch. 3, part 6, and enacted this part, shall apply to contracts entered into or renewed on and after July 1, 2013. 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)(4), inserted “the Tennessee higher education commission, the Tennessee student assistance corporation, and”, substituted “University of Tennessee, the board of regents,” for “University of Tennessee or the state board of regents,”, inserted “, and the state university boards”, and substituted “however, these contracts” for “provided, that these contracts”. Effective Dates. Acts 2020, ch. 794, § 70. August 1, 2020.