Tennessee § 12-4-106 - Prohibition against receiving rebates, gifts, money or anything of value — Conflicts of interest.

§ 12-4-106. Prohibition against receiving rebates, gifts, money or anything of value — Conflicts of interest.

No officer or employee of the central procurement office, nor any member of the procurement commission, nor any head of any state department, institution or agency, nor any employee of any state department, institution or agency charged with the responsibility of initiating requisitions, shall accept or receive, directly or indirectly, from any person, firm or corporation to whom any contract for the purchase of goods or services for the state may be awarded, by rebate, gifts, or otherwise, any money or anything of value whatsoever, or any promise, obligation, or contract for future rewards or compensation. It is a conflict of interest for any person or any company with whom such person is an officer, a director, or an equity owner having an ownership interest greater than one percent (1%) to bid on any public contract for goods or services for a governmental entity if such person or the immediate family member of such person is a member of a board or commission having responsibility for letting or approving such contract. As used in this subsection (b): “Governmental entity” means any state agency, authority, board, commission, department, or office within the executive, legislative or judicial branch of state government or any autonomous state agency, authority, board, commission, department, office, or institution of higher education; and “Immediate family” means spouse, dependent children or stepchildren, or relatives related by blood or marriage. Acts 2013, ch. 403, § 75. 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, chs. 3 and 4 were recodified by Acts 2013, ch. 403, effective July 1, 2013. In the recodification, some provisions similar to former § 12-3-106 were transferred to this section, and some provisions similar to this former section were transferred to § 12-3-1209 . Acts 2013, ch. 403, § 83 provided that the act, which enacted this section, shall apply to contracts entered into or renewed on and after July 1, 2013. Textbooks. Tennessee Jurisprudence, 19 Tenn. Juris., Municipal Corporations, §§ 70, 71, 76. Attorney General Opinions. A county could not award a road design and construction contract on a “design-build” basis, without competitive bidding, to an engineering firm that had partnered with a road construction firm for that purpose, even though the county's governing body believed such an award to be in the best interest of the taxpayers, as the county was required to advertise the proposed letting of such a contract and to receive sealed bids for the proposed road project, OAG 00-086, 2000 Tenn. AG LEXIS 88 (5/5/00). A city board of education was not required to competitively bid a contract with a foundation, OAG 01-111, 2001 Tenn. AG LEXIS 102 (7/11/01).