Tennessee § 12-3-309 - Prohibited contracts.

§ 12-3-309. Prohibited contracts.

Prohibited contracts: 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; 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. 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. 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. 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. 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. Acts 2013, ch. 403, § 18. 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 § 12-4-124 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.