Tennessee § 54-5-114 - Notice for bids — Advertising — Preparing and filing bids — Waiver.

§ 54-5-114. Notice for bids — Advertising — Preparing and filing bids — Waiver.

The department, before making contracts on its own behalf, or when acting as an agent, shall advertise for bids at least two (2) weeks prior to the date set for receiving bids by publishing a written notice on the department's Internet web site. The department may advertise for bids by publishing notice in a newspaper located in the county where the money is to be expended, in one (1) of the widely circulated daily newspapers in the grand division of the state where the work is to be done, or in other Internet or print media as the department may deem appropriate or necessary. Funding allocated by the department for purchasing advertising in a county having a population greater than two hundred fifty thousand (250,000), according to the 1990 federal census or any subsequent federal census, and in counties located in rural west Tennessee, may be expended to purchase advertisements in one (1) or more newspapers published primarily for distribution within the county's African-American community. The notice shall describe the work to be performed and shall enable the bidders to prepare their bids. All bids must be sealed and filed with the commissioner or the authorized agent of the department at the place designated in the notice on or before the time fixed in the notice. The requirements of this section may be modified by the department in order to conform to any federal requirements that may accompany federal funds. The requirements of this section may be waived as provided in § 54-1-135. Acts 1917, ch. 74, § 6; Shan., § 1720a29b24 (p. 6550); Shan. Supp., § 1720a7b55; Code 1932, § 3213; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; Acts 1973, ch. 42, § 1; T.C.A. (orig. ed.), § 54-514; impl. am. Acts 1981, ch. 264, § 12; Acts 1981, ch. 332, § 30; 1984, ch. 923, § 1; 1993, ch. 521, § 3; 2013, ch. 244, § 1. Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. Amendments. The 2013 amendment rewrote the section which read: “(a) The department, before making contracts on its own behalf, or when acting as agent, shall advertise for bids at least two (2) weeks prior to the date set for receiving bids in some newspaper published in the county where the money is to be expended and also in one (1) of the widely circulated daily newspapers in that grand division of the state where the work is to be done. Funding allocated by the department for purchasing the advertising within a county having a population greater than two hundred fifty thousand (250,000), according to the 1990 federal census or any subsequent federal census, and within counties located in rural west Tennessee, may be expended to purchase the advertisements within one (1) or more newspapers published primarily for distribution within the county's African-American community.“(b) In the event no newspaper is published in the county in which the work is to be done, advertisement shall be published in some newspaper in an adjacent county.“(c) The notice shall describe the work to be performed and shall enable the bidders to prepare their bids, which must be sealed and filed with the commissioner or the authorized agent of the department at a designated place on or before the time fixed in the notice.” Effective Dates. Acts 2013, ch. 244, § 2. April 19, 2013. Cross-References. Grand divisions, title 4, ch. 1, part 2. Collateral References. Authority of state, municipality, or other governmental entity to accept late bids for public works contracts. 49 A.L.R.5th 747. “Emergency,” what is, within charter or statutory provision excepting emergency contract or work from requirement of bidding on public contracts. 71 A.L.R. 173 . Levee and flood control acts dispensing with bids in case of emergency. 70 A.L.R. 1294 . “Work,” what is covered by term, in statute relating to bids or proposals for public contracts. 92 A.L.R. 835 .