Tennessee § 4-3-2305 - Compliance.

§ 4-3-2305. Compliance.

The department of transportation shall comply with all the terms and conditions of the disadvantaged business enterprise and historically underutilized business enterprise provisions of the federal Transportation Equity Act for the 21st Century (23 U.S.C. § 101 et seq.) In addition to subsection (a), the department shall continue to comply with the good faith efforts requirements of § 67-3-904, which apply to the revenue generated from the 1986 and 1989 gasoline tax increases with respect to disadvantaged business enterprises or women business enterprises. It being in the public interest and for a public purpose to support the participation of small businesses in department contracts, the department is authorized to establish the programs described in this section to assist small businesses to participate in department contracts, either as a prime or as a subcontractor. Small business shall be defined to include certified disadvantaged business enterprises as defined by 49 CFR Part 26, and business enterprises that satisfy all the requirements of a disadvantaged business enterprise under Part 26, including but not limited to, requirements of business size and net worth of owners, other than the requirement that the owners of the business qualify as members of the groups identified in subsection 2 of the definition of socially and economically disadvantaged individuals in 49 CFR Part 26.5. The commissioner may promulgate rules to implement the purpose of this section. The department is authorized to conduct studies to determine whether any group consisting of socially and economically disadvantaged individuals as defined in 49 CFR Part 26 is underutilized on state funded construction projects. In the event underutilization is documented and any other necessary findings are made, the commissioner may elect to set appropriate goals on state funded projects. The department is authorized to offer construction management development programs for small businesses and may charge a fee for the programs. The department is authorized to create and implement a surety bond guarantee program for small businesses to act as subcontractors on department construction projects. The state may guarantee up to ninety percent (90%) of a surety bond amount of two hundred fifty thousand dollars ($250,000) or less and up to eighty percent (80%) of a surety bond amount greater than two hundred fifty thousand dollars ($250,000), which surety bond is provided by an approved surety. The department may be entitled to receive a fee from a participating small business and may require any participating small business to set aside part of the subcontract amount as security for the surety bond or guarantee, or both. The department is required to promulgate rules to effectuate this subsection (c). In no event shall the total amount guaranteed under this program at any given time exceed five million dollars ($5,000,000). The department is authorized to expend funds from the highway fund to fund administrative expenses and fund any losses that may arise under the surety bond guarantee program. The commissioner shall report in writing the progress of this program to any member of the general assembly upon request. The report shall include, as a minimum, the number of users of the surety bond guarantee plan; the number of defaults and dollar loss; the cost of the program categorized by cost of administration; and the cost of on-the-job and classroom instruction. Acts 2000, ch. 820, § 2; 2004, ch. 641, § 1; 2013, ch. 236, § 88; 2013, ch. 308, § 20. Compiler's Notes. Acts 2000, ch. 820, § 1 provided that the act may be known and may be cited as the “Tennessee Minority and Women Business Enterprise Act of 2000”. Acts 2013, ch. 236, § 88 amended the first sentence of subdivision (c)(4), effective April 19, 2013, to read: “Annually, the commissioner shall report in writing the progress of this program to the speaker of the senate, the speaker of the house of representatives, the governor, members of the house of representatives transportation committee, and members of the transportation and safety committee of the senate.” Acts 2013, ch. 308, § 20 rewrote the first sentence of subdivision (c)(4), effective July 1, 2013, to read: “The commissioner shall report in writing the progress of this program to any member of the general assembly upon request.” The amendment by ch. 236 was in effect from April 19, 2013, until July 1, 2013. The amendment by ch. 308 took effect on July 1, 2013. Cross-References. Enhanced policymaking role for minority business, § 4-3-732 . Funds for contracts with disadvantaged business concerns or enterprises, § 54-1-124 .