Tennessee § 12-4-107 - Contracts for professional services.

§ 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 the procurement of architectural and engineering services, the selection committee or procurement official may seek qualifications and experience data from any firm or firms licensed in this state and interview such firm or firms. The selection committee or procurement official shall evaluate statements of qualifications and experience data regarding the procurement of architectural and engineering services, and shall conduct discussions with such firm or firms regarding the furnishing of required services and then shall select the firm deemed to be qualified to provide the services required; The selection committee or procurement official shall negotiate a contract with the qualified firm for architectural and engineering services at compensation which the selection committee or procurement official determines to be fair and reasonable to the government. In making such determination, the selection committee or procurement official shall take into account the estimated value of the services to be rendered, the scope of work, complexity and professional nature thereof; Should the selection committee or procurement official be unable to negotiate a satisfactory contract with the firm considered to be qualified, at a price determined to be fair and reasonable, negotiations will continue with other qualified firms until an agreement is reached; A city, county or utility district having a satisfactory existing working relationship for architectural or engineering services may expand the scope of the services; provided, that they are within the technical competency of the existing firm, without exercising this section. A city or county may procure surveying services by the means set forth under subdivision (a)(1). Construction projects of a county, city, metropolitan government, town, utility district, or utility authority shall meet the following requirements: For construction of local projects or additions to existing buildings, a county, city, metropolitan government, town, utility district, or utility authority may contract for construction management agent or advisor services or construction manager at-risk services. Construction management services may be performed by a qualified person licensed under the Contractors Licensing Act of 1994, compiled in title 62, chapter 6, part 1. Construction management services are to be procured for each project through a written request for proposals process through advertisement. The procurement and advertisement shall be in accordance with the laws, regulations, and ordinances of the county, city, metropolitan government, town, utility district, or utility authority. The written request for proposals process shall invite prospective proposers to participate and shall indicate the service requirements and the factors used for evaluating the proposals. These factors may include the construction manager's qualifications and experience on similar projects, qualifications of personnel to be assigned to the project, fees and costs, or any additional factors deemed relevant by the procuring entity for procurement of the service. The contract for such services shall be awarded to the best qualified and responsive responder. A construction manager agent or advisor is prohibited from undertaking actual construction work on a project over which the construction manager agent or advisor coordinates or oversees the planning, bid, or construction phases of the project, except in instances when bids have been solicited twice and no bids have been submitted. If the construction manager agent or advisor can document that a good faith effort was made in each bid solicitation to obtain bids and no bids were received, then the construction manager agent or advisor may perform the construction work at a price agreed upon by the construction manager agent or advisor, the architect, and the owner of the project. A governing body, at its own discretion, may perform work on the project with its own employees and may include the coordination and oversight of this work as part of the services of the construction manager agent or advisor. Sealed bids for actual construction work shall be opened at the bid opening and the names of the contractors and their bid amounts shall be announced; Construction management agent or advisor services or construction manager at-risk services for the construction of local projects or additions to existing buildings may be performed by: A general contractor licensed in this state pursuant to the Contractors Licensing Act of 1994; provided, that none of such services performed by a general contractor involve any of the services exempt from the requirements of title 62, chapter 6, part 1 as “normal architectural and engineering services” under § 62-6-102(4)(B), unless, with regard to the performance of any services defined as normal architectural and engineering services, the general contractor is also licensed as an architect or engineer under title 62, chapter 2; or An architect or an engineer licensed pursuant to title 62, chapter 2; provided, that none of such services performed by an architect or engineer involve any of the services required to be performed by a contractor within the definition of “contractor” under § 62-6-102, unless with regard to the performance of any services included within the definition of “contractor”, the architect or engineer is also licensed as a contractor under the Contractors Licensing Act of 1994; Construction work that is under the coordination and oversight of a construction manager shall be procured through competitive bids. Acts 1969, ch. 331, § 1; T.C.A., § 12-432; Acts 1984, ch. 822, § 2; 1990, ch. 699, § 1; 1991, ch. 518, §§ 1, 2; 1998, ch. 990, § 1; 2009, ch. 518, § 1; 2013, ch. 403, § 76; T.C.A. § 12-4-106 ; Acts 2018, ch. 794, §§ 1, 2; 2019, ch. 225, § 1; 2019, ch. 338, § 1. 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 § 12-4-107 (Acts 1969, ch. 331, § 2; impl. am. Acts 1959, ch. 9, § 8; T.C.A., § 12-433), concerning the filing of fiscal agent and/or financial advisor contracts, was repealed by Acts 2006, ch. 874, § 2, effective July 1, 2006. Acts 2013, ch. 403, § 83 provided that the act, which transferred § 12-4-106 to this section and amended it, shall apply to contracts entered into or renewed on and after July 1, 2013. Amendments. The 2019 amendment by ch. 225, substituted “county, city, metropolitan government, town, utility district, or utility authority” for “county, city, metropolitan government, or town” throughout (b). The 2019 amendment by ch. 338, added (a)(2). Effective Dates. Acts 2019, ch. 225, § 2. April 30, 2019. Acts 2019, ch. 338, § 2. May 10, 2019. Attorney General Opinions. T.C.A. § 12-4-107 does not permit the State, counties, cities, towns, or metropolitan governments to solicit or receive proposals or to enter into contracts for “Construction Management-at-Risk Services” for the construction of local correctional facility projects or additions to existing correctional facility buildings. Since the “Construction Management-at-Risk Services” contracts in question contemplate that the construction manager may itself perform at least some of the construction work, such contracts would not be permitted under T.C.A. § 12-4-107 (b) for local correctional facility construction projects. OAG 17-49, 2017 Tenn. AG LEXIS 49 (11/2/2017).