Tennessee § 41-22-119 - Purchase of articles by public agencies.

§ 41-22-119. Purchase of articles by public agencies.

All departments, institutions, agencies and political subdivisions of this state, that are supported in whole or in part by the state shall purchase from the TRICOR board all articles required by these departments, institutions, agencies or political subdivisions of the state that are produced, repackaged, assembled, warehoused or manufactured by TRICOR with the labor of inmates confined within the institutions or elsewhere employed within this state; provided, that the articles are certified pursuant to procedures approved by the procurement commission as being of satisfactory quality, being reasonable in price and available. In the procedures for certifying articles for purchase by state government, the procurement commission may consider, if it deems appropriate, the effect of certification on markets in the private sector; however, it is not the legislative intent that this effect, if considered, be a controlling factor in the board's decision. The board shall appoint a certification committee consisting of, but not limited to, a representative from the TRICOR board, the departments of general services and finance and administration and the office of the comptroller of the treasury that will advise the board. The TRICOR board shall submit requests for certification of articles together with supporting data regarding quality, price and availability pursuant to procedures approved by the procurement commission. No article shall be purchased by any department, institution, agency or political subdivision of the state from any other source unless excepted from §§ 41-22-118 — 41-22-124. Each member of the general assembly may purchase any office furniture and equipment manufactured by TRICOR for the purpose of furnishing the legislative offices of that member in the member's legislative district. The competitive bidding procedures set forth in title 12, chapter 3, part 5 do not apply to the purchase of articles manufactured or grown by TRICOR and certified pursuant to procedures approved by the procurement commission. Acts 1937, ch. 278, § 2; impl. am. Acts 1939, ch. 11, § 1; C. Supp. 1950, § 12209.2 (Williams, § 12209.7); impl. am. Acts 1955, ch. 102, § 1; Acts 1974, ch. 669, § 1; 1981, ch. 332, § 21; T.C.A. (orig. ed.), § 41-421; Acts 1988, ch. 903, § 3; 1994, ch. 737, § 14; 1996, ch. 564, § 2; 1999, ch. 299, §§ 1-4; 1999, ch. 487, § 1; 2002, ch. 526, §§ 1-4; 2011, ch. 295, § 19. Compiler's Notes. Subsection (g) formerly referred to the competitive bidding procedures set forth in “§ 12-3-204 et seq.,” which provisions were transferred in 1981 to title 12, ch. 3, part 5. Subsequently, former title 12, ch. 3 was amended and reorganized by Acts 2013, ch. 403, §§ 8-70, effective July 1, 2013. Title 12, ch. 3, part 5 as amended provides for competitive solicitation procedures.