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How To Do Business With the State of Tennessee
WELCOME
You are invited to join the many other businesses currently providing goods
and services to the State of Tennessee through the Department of General
Services, Purchasing Division.
Selling goods and services to the State of Tennessee is very much a
"two --way street" where the taxpayers of Tennessee are willing to pay
for jobs well done.
State government cannot operate without the goods and services of private
businesses. Through your participation in the open competition for sales,
we benefit from improved quality at lower prices. We hope that your participation
will result in increased sales in a new market.
If you decide to bid, we cannot help you prepare your bid. We can, however,
answer questions to help you better understand what is required.
LET US HELP YOU
...TO HELP US !
The Department of General Services,
State of Tennessee, does not discriminate on the basis of disability in
the admission or access to, or treatment or employment in, its programs
or activities and is in compliance with ADA (Americans with Disabilities
Act of 1990) 42 United States Constitution, Section 12101.
1. GETTING ON THE BID LIST
Vendors may obtain a bidder's application by downloading from the INTERNET,
or in person, telephone or by mail from the Purchasing Division.
Department of General Services, Purchasing Division
W. R. Snodgrass Tennessee Tower, 3rd Floor
312 8th Avenue, North
Nashville, TN 37243-0557
The State provides help and assistance to diversity businesses
in completing their registration package through The Governor's Office of Diversity
Business Enterprise.
2. BIDDER'S APPLICATION
The Bidder's Application form is designed to
secure information required to establish a register of qualified bidders
and separate mailing lists by Tennessee Commodity Code (TCC), which contain
the names and mailing addresses of all qualified bidders by different types
of commodities or services. Every person or firm desiring to bid on supplies,
materials and equipment purchased must submit a Bidder's Application form
for approval as a prospective bidder. No person/firm shall be considered
as a qualified bidder until it has been approved and entered upon the permanent
register of bidders. There is no fee charged to get on the bid list. The
State purchasing system is open to everyone.
The information submitted on the application will determine the eligibility
to bid based upon size of business, the types of supplies, materials, equipment
and services the vendor desires to furnish and the geographic area in which
the vendor proposes to deliver. The bidder's application form is reviewed
by the Bid Officer to determine that all information required on the bidder's
application was properly completed.
There are two types of bidder's application forms.
The statewide commodity application form includes a bid list registration
form which ties the vendor to specific commodities. When filling out this
Bidder's Application Form select all products or services that you can
supply from the Tennessee Commodity Code that is provided. Computerized
bid lists are accessed by the commodity code for which you register.
The agency application form is for doing business at the local State
agency level, usually by the informal bid process (telephone bid). The
vendor is registered as a casual bidder to do business with the State,
but not placed on an individual bid list by commodity code, and will not
automatically receive a solicitation from the Department of General Services,
Purchasing Division.
Both bidder's application forms place the vendor on the statewide computer
vendor data base for all State agency use for their solicitations. It is
the vendor's responsibility to notify the Purchasing Division in
writing of any change in a company's ownership, officers, address, or commodity
changes after submitting a vendor application.
3. DIVERSITY BUSINESS POLICY
As a diversity business, you are vitally important to
the department and a valuable asset to the State. All State agencies are
to actively solicit bids from diversity businesses whenever possible in order to purchase
a fair proportion of purchases from diversity businesses. The State of Tennessee
does not have a set-aside program for diversity.
4. REGISTRATION - SMALL BUSINESS ENTERPRISE
All small businesses qualifying to do business with the State shall
be registered as such in accordance with guidelines relative to number
of employees and annual gross sales.
(a) Number of Employees. Utilizing the Bureau of Census Publication
and County Business Patterns, the Department determines the total number
of employees in each commodity code industry and selects the employee size
category comprising a set percentage of total business enterprises in a
particular industry.
(b) Annual Gross Sales. Utilizing the Bureau of Census Publication and
related business patterns, the Department shall determine the volume of
sales for each commodity code type classification and select the volume
of gross sales which will qualify as the maximum limit for a small business
(as determined annually by the Board of Standards) of the total business
enterprises in a particular industry.
5. CERTIFICATION - MINORITY BUSINESS ENTERPRISE
"Minority-owned business" means a business which is solely owned, or
at least fifty-one percent (51%) of the assets or outstanding stock of
which is owned, by an individual who personally manages and controls the
daily operations of such business and who is impeded from normal entry
into the economic mainstream because of past practices of discrimination based on race or ethnic
background.
6. CERTIFICATION - WOMAN BUSINESS ENTERPRISE
A woman owned business that is a continuing, independent, for profit business which performs a commercially useful function, and is at least fifty-one percent (51%) owned and controlled by one (1) or more women; or in the case of any publicly owned business, at least fifty-one percent (51%) of the stock of which is owned and controlled by one (1) or more women and whose management and daily business operations are under the control of one (1) or more women.
7. BID LIST REMOVAL
A vendor may be removed from the list of eligible vendors for failure
to follow the procedures and requirements. Failure to respond to three
consecutive bids may also result in vendor removal from that commodity
code.
8. TENNESSEE COMMODITY CODE (TCC)
The Purchasing Division utilizes a commodity classification code to
classify and list vendors that are qualified and registered. Separate lists
are maintained for all codes at the five (5)-digit class-sub class level.
All qualified vendor lists are coded and titled by commodity. Each list
contains the name and mailing address of all qualified and registered vendors
who desire to furnish the products or commodities purchased under that
particular list.
9. SELECTION OF VENDORS
Due to the large number of vendors listed on some qualified vendor lists,
it is often necessary to select the vendors to whom solicitations are mailed.
The policy for selection is determined by the dollar value of the purchase.
The selection of vendors for one-time purchases is based primarily on diversity
qualifications, the apparent ability of the vendor to perform the contract, geographic location, past performance and
random computer selection. Measures used in determining ability may include
net worth, number of employees, and gross annual sales.
10. VISITING THE BUYER
The Purchasing Division encourages visits by vendors during regular
working hours with purchasing agents for the purpose of imparting specialized
current information concerning their products. Vendors are requested to
make appointments in advance. The Purchasing Division is not open on weekends
and State holidays. Visitor access to the W.R. Snodgrass Tennessee Tower is from the Seventh
Avenue North entrance. Individuals with disabilities access from the Eighth
Avenue North entrance.
Any individuals with disabilities who wish to participate in public
meetings such as scheduled pre-bid conferences or other scheduled functions
should contact the Purchasing Division to discuss any auxiliary aids or
services needed to facilitate such participation. Such contact may be in
person, by writing, telephonically, or otherwise, and should be made no
less than ten (10) days prior to the scheduled event to allow time for
the Purchasing Division to provide such aid or service.
11. COMPETITIVE SEALED BID
The Purchasing Division shall mail solicitations requesting sealed bids
for purchases exceeding $10,000.00. Telephone, fax and telegraphic bids
are not acceptable as a sealed bid. A summary of authorized bid thresholds
is listed in Exhibit 1.
12. EXCEPTIONS TO COMPETITIVE SEALED BIDS
(a) Emergency Purchases. The requirement for a sealed bid may be waived
in an emergency purchase situation by the Commissioner.
(b) Informal Written, Verbal or Telephone Quotations. Unsealed bids,
verbal or telephone quotations may be requested for local purchases not
exceeding $5000.00, and agency contracts with delegated purchase authority
from bid not exceeding $5,000.00. Written confirmation of the quotation
should be sent to the requesting state agency. Fax confirmation is acceptable
as written confirmation of bids on informal purchases not exceeding $5,000.
(c) Single-Source Purchase Contract. Single-source purchases shall be
made only when an item is unique and possesses specific characteristics
that can be filled by only one source and must have prior approval by the
Commissioner.
(d) Utility Contracts. The Department shall purchase or contract for
all telephone, telegraph, electric light, gas, power, postal, and other
services for which a rate for the use thereof has been established by a
public authority in such manner as the Commissioner deems to be in the
best interest of the State of Tennessee. Each such purchase or contract
shall be made on a competitive basis, whenever possible, in accordance
with these rules and regulations, unless it has been determined that such
purchase is single source. If such purchase had been determined to be single
source, the purchase shall then be made pursuant to Rule 0690-3-1-.03 (3)
which governs sole source procurements.
(e) Competitive Negotiation. A contract may be entered into by competitive
negotiation only in cases when the State is unable to obtain needed goods
and/or services by competitive sealed bid. The Commissioner shall prescribe
the procedures under which negotiation is to be conducted. These procedures
shall provide for the safeguarding of the information and provide fairness
to the vendors in the negotiation process.
(f) Negotiation - GSA. When a vendor maintains a General Services Administration
agreement with the United States of America, or any agency thereof, the
Commissioner may negotiate with that vendor, but there shall be no contract
price that is higher than the contract price between the General Services
Administration and the vendor. Any purchase made pursuant to this provision
must have the prior approval of the Board of Standards.
13. MULTI-STEP SEALED BIDDING
The use of a multi-step sealed bidding process is required in the acquisition
of departmental computer systems involving the purchase of hardware and
the development of application software. The multi-step sealed bidding
process may also be used, subject to approval by the Board of Standards,
for the procurement of other products or services, when it is not practical
to prepare initially definitive specifications which will be suitable to
permit an award based on price.
14. PROPRIETARY PURCHASE CONTRACT
A proprietary product is one that is manufactured and marketed by a
person or persons having exclusive right to manufacture and sell the product.
Marketing is generally controlled by franchises that may include competitive
sales at wholesale or retail levels. When it is found that bids may be
obtained from different franchises, a formal solicitation is issued
for purchases over $5,000. Requests for all proprietary purchases require
written justification from the requisitioning agency and prior approval
by the Commissioner.
15. TERM CONTRACT
The Purchasing Division may establish a term contract for an individual
agency for specific goods or services or a statewide term contract which
all State agencies must utilize and which may be used by local governments.
"Term contact" means a contract in which a source or sources of supply
are established for a specified period of time at an agreed upon unit price(s).
Every solicitation for a term contract must state the total estimated purchase
requirements for the current contract period, if applicable, and for the
new contract period. A term contract for more than a period of 12 months
(maximum of 60 months) must provide that the State may cancel at any time
with no more than one (1) year's notice and at the end of any fiscal year
in the event funds are not available. The State does not guarantee that
the State will buy any or all estimated amounts of any specified item or
any estimated total expenditure amount.
16. BID BOND
A bid bond issued by a surety company licensed to do business by the
State of Tennessee may be required at the discretion of the Commissioner.
When required, the amount of the bid bond shall be stated as a set amount
or as a percentage of the Department's estimated value of the contract
in response to the solicitation. In no event may the amount exceed 5% of
the estimated value of the contract. Bid bonds submitted by unsuccessful
vendors will be returned upon award of contract.
17. PERFORMANCE BOND
The successful bidder(s) will be required to furnish a
performance bond issued by a surety company licensed to do business in the State
of Tennessee in the amount of ____________% of the bid total. An irrevocable letter
of credit from a state or national bank or state or Federal savings and loan association
having its principal office in Tennessee; or any state or national bank or state or
Federal savings and loan association that has its principal office outside this state and
that maintains one (1) or more branches in this state which are authorized to accept
Federally insured deposits may be accepted by the Purchasing Division in lieu of
performance bond. The terms and conditions of any letter of credit shall be subject to
the approval of the public official named in the contract. The form of such letter of
credit shall be provided by the bank or savings and loan association and may be based
on either the uniform commercial code, Tennessee code annotated, title 47, chapter 5,
or the ICC uniform customs and practice for documentary credits (upc 500). All letters
of credit shall be accompanied by an authorization of the contractor to deliver retained
funds to the bank issuing the letter. The performance bond shall be furnished to the Purchasing
Division within ten (10) working days after the request. Such bond will insure performance over the
entire term of the contract and where appropriate may be proportionately reduced over the term of
the contract at the discretion of the state.
18. SURETY BONDS
The successful bidder(s) will be required to furnish a surety bond in
the amount of twenty-five percent (25%) of the contract price on all contracts
in excess of Twenty-five thousand dollars ($25,000). Such bond shall be
furnished to the Purchasing Division within ten (10) working days after
the request. The surety bond will insure that the contractor will pay for
all the labor and materials used by the contractor, or any immediate or
remote subcontractor under the contractor, in such contract, in lawful
money of the United States.
19. SPECIFICATIONS
The State shall use open specifications and procedures which promote
competitive bidding. Vendors are required to notify the Purchasing Division
whenever specifications are not open and/or procedures are not desirable.
All suggestions or objections shall be made in writing and received by
the Purchasing Division at least three (3) working days prior to the bid
opening.
20. NEW EQUIPMENT
All material, supplies and equipment offered and furnished must be new,
and of current manufacturer production, unless the solicitation specifically
permits offers of used or reconditioned items.
21. FOREIGN MADE GOODS
To be considered, foreign made goods must meet specifications and must
be in stock in the continental United States and available for immediate
shipment at the time bids are submitted. If foreign made machines or mechanical
equipment are offered, such offer must be supported by evidence acceptable
to the Purchasing Division that adequate service locations, service personnel,
and repair parts are available to the using agency from stock in the continental
United States.
22. GRAY MARKET PRODUCTS
The state does not accept bids on gray market products. Bids submitted
on equipment or supplies from bidders not authorized by the manufacturer
to either sell, service, or warrant such equipment in the continental United
States is not acceptable. Evidence to substantiate the dealer's relationship
with the manufacturer may be required.
23. SUBMITTING SEALED BIDS (SOLICITATIONS)
It is imperative that bids be returned in the envelope furnished with
the bid solicitation. If bids are submitted collectively in one large envelope
(i.e. Overnite Express Carrier), but respond to separate solicitations,
or not returned in the envelope furnished, each bid must be sealed in a
separate envelope and be clearly marked and labeled on the outside referencing
the applicable solicitation number and the bid opening date. Failure to
comply will result in the rejection of your bid (Exhibit
2, Solicitation Check Sheet).
24. AMENDMENT OR WITHDRAWAL OF BIDS
A vendor may withdraw or amend a bid in writing prior to its opening.
After bid opening, a vendor may withdraw a bid or a portion thereof only
upon a written determination by the Commissioner that there is an obvious
error in the bid supported by appropriate vendor cost information and where
the enforcement of the bid would impose an unconscionable hardship on the
vendor.
If no error is made in a bid, but the enforcement of the bid would impose
an unconscionable hardship on the vendor, the Commissioner, with the approval
of the Board of Standards, may allow the vendor to withdraw its bid.
25. TIME FRAME FOR AWARD
Each solicitation shall establish a time schedule for the public bid
opening, evaluation, and inspection of the bid files.
26. POSTAGE
The issuing agency will not accept mail with inadequate postage. When
postage-due mail is delivered, the State cannot assume the responsibility
for paying the amount due and will refuse the mail.
27. LATE BID
A bid must be received in the issuing agency's office on or before the
date and hour designated for the bid opening or the bid will be rejected.
28. PUBLIC POSTING OF SOLICITATIONS
All solicitations issued by the Department of General Services, Purchasing
Division are publicly posted in the Purchasing Division. Copies are available
upon request.
29. BID OPENING
Bidders are encouraged to attend the public bid opening at the date,
time and location indicated on the solicitation.
30. EVALUATION OF TECHNICAL OFFERS AND BIDS
Technical offers and bids shall be evaluated in accordance with the
solicitation. The lowest bid received is evaluated for compliance with
the specification, terms and conditions in the solicitation. If the lowest
bid evaluated is not in compliance, the next lowest bid is examined, and
so on, until the lowest responsive and responsible bidder whose bid meets
the requirements and criteria set forth in the solicitation is found. The
evaluation criteria stated in the solicitation, that will affect the bid
price, shall be objectively measurable (quantifiable).
31. SIGNATURE ON BID
The person signing the solicitation must be a person authorized to bind
the vendor contractually. Unsigned bids will be rejected. Unsigned bids
cannot be signed after the bid has been opened, even if the vendor or his
representative is present at bid opening. No signatures shall be in pencil.
32. PRICING
Solicitations shall request a net price for the unit specified for each
item. All pricing is FOB destination. The net price is list price less
all trade or other discounts offered, not including cash discount for prompt
payment. Unit price, extensions and gross total must be shown on the bid
or quotation forms.
33. ACCEPTANCE PERIOD
A bid shall be considered an offer capable of acceptance by the State.
If a vendor fails to state the time within which a bid may be accepted,
the State shall have sixty (60) days to accept.
34. ERRORS - BID REJECTION
Each correction of a line item unit price made by the bidder on the
bid response MUST BE INITIALED IN INK by each correction. No corrections
will be made in pencil. No bid or line item shall be altered or amended
after the bid opening. In the case of errors in the extension price, the
unit price will govern. Failure to comply with the above shall be cause
for rejection of part or all of the bid.
35. CASH DISCOUNT FOR PROMPT PAYMENT
Invitations to Bid request net prices. If cash discount for prompt payment
is offered by the bidder, it must be shown in the space provided in the
Invitation to Bid. Discount for prompt payment periods of less than thirty
(30) days will not be considered in the award process. All discounts offered
for prompt payment will be taken if earned. Cash discounts will be computed
either from the date of delivery at destination and acceptance of the goods
ordered, or the date of receipt of correct and proper invoices, prepared
in accordance with the terms of the purchase order, whichever date is later.
The State is eligible for the cash discount if warrant is issued and post
marked to the appropriate vendor prior to the 30th day from the above computation.
If the payment is made via Automated Clearing House (ACH - direct deposit),
the discount is earned if the effective date of the deposit is within the
30 day time limit.
36. TIME OF PERFORMANCE
The number of calendar days required for delivery after receipt of order
(ARO) must be shown by the vendor unless already specified by the State
in the space provided on the solicitation. When no time is stated in either
documents, the time shall be two weeks.
37. INSPECTION OF BIDS
Each solicitation shall contain a schedule indicating the dates and
times for bid opening and evaluation. Interested bidders must contact the
Purchasing Agent listed on the solicitation by the date and time stated
to schedule an appointment to inspect the bid file prior to award. Upon
request, a reasonable opportunity to inspect the bid file, as set forth
in the solicitation, will be provided to the bidder. If there is no request
to inspect the bid file by the date and time indicated, the Purchasing
Agent will proceed with the award.
38. EVALUATION PERIOD
During the period when evaluation is being made, all bid analyses are
confidential. This measure simply maintains the integrity of the bidding
system. No State personnel in any office can discuss information pertinent
to any bid during this period. Violation of the confidentiality of bids
pending award seriously compromises the State in establishing contractual
agreements.
39. PROTEST
Prior to the commencement of an action in court concerning a controversy,
any actual or prospective bidder who claims to be aggrieved in connection with
a bid, the bid process, or a pending award of a contract may protest to the
Commissioner. The protest shall be submitted in writing within seven (7) days
after such claimant knows or should have known of the facts giving rise to the
protest. Any issues raised by the protesting party after the seven(7) day period
shall not be considered as part of the protest. In the case of a pending award, a
stay of award in accordance with Purchasing Rules may be requested.
The signature of an attorney or protesting party on a request for consideration,
protest, motion, or other document constitutes a certificate by the signer that
the signer has read such document, that to the best of the signer' s knowledge,
information, and belief formed after reasonable inquiry, it is well grounded in
fact and is warranted by existing law or a good faith argument for the extension,
modification, or reversal of existing law, and that it is not interposed for any
improper purpose, such as to harass, limit competition, or to cause unnecessary
delay or needless increase in the cost of the procurement or of the litigation. If
a request for consideration, protest, pleading, motion, or other document is signed
in violation of this subsection before or after appeal to the board of standards,
the board of standards, upon motion or upon it' s own initiative, may impose upon
the person who signed it, a represented party, or both, an appropriate sanction,
which may include an order to pay to the other party or parties, including the
affected state department or agency, the amount of the reasonable expenses incurred
because of the filing of the protest, a petition for a stay of award, pleading, motion,
or other paper, including reasonable attorneys' fees.
40. CRITERIA FOR AWARD
Each contract shall be awarded and let by the State of Tennessee with
reasonable promptness by written notice to the lowest responsible and responsive
bidder whose bid meets the requirements and criteria set forth in the Invitation
to Bid.
Where more than one item is specified in the Invitation to Bid, the
State reserves the right to detemine the low vendor(s) either on the basis
of each individual item, a group of items, or total of all items, unless
otherwise provided in the Invitation to Bid or otherwise specified by the
vendor. Where the Invitation to Bid provides for award(s) by item or group
of items, separate vendor awards will be made where each individual vendor
award is in excess of $1,000.
41. TIE BIDS
A tie bid exists where two or more vendors offer products that meet
all specifications, terms and conditions at identical prices, including
cash discount offered for prompt payment. In such case, a tie bid will
be broken by the following methods, in descending order:
(a) in-state business;
(b) Diversity businesses;
(c) award item(s) to vendor who was low bidder on other
item(s) being bid per the same requisition;
(d) best delivery;
(e) by lot or coin toss.
42. CONTRACTUAL AGREEMENT
Each contract shall be awarded by the Commissioner by prompt written
notice to the lowest responsible and responsive bidder pursuant to either
a solicitations or an informal quotation request.
(a) The delivery of a State of Tennessee purchase order or a notice
of contract award (for term contracts) with the valid signature of a contracting
officer of the Purchasing Division constitutes acceptance of the offer
to sell and consummates the binding contractual agreement.
(b) Only the Commissioner is authorized to bind the State in contractual
agreements. Contracts signed by other State personnel are null and void
and do not obligate the State to payment for goods and/or services unless
contracted for under authorization of Delegated Purchase Authority or Emergency
Purchases.
(c) State agencies are not authorized to sign standard contract
forms used by vendors.
43. PURCHASE ORDERS REQUIRED
Except where exempted in the procedures for vendors, any vendor who
manufactures or delivers a product or service without a written purchase
order or written notice of award or who delivers a product or service not
specifically authorized by the purchase order (Reference
Exhibit 3) does so at its own risk.
44. SUBSTITUTIONS
A vendor may manufacture or ship an item that materially conforms to
or exceeds the specifications, but which may be technically different from
the item bid. Substitutions shall require the written approval of the Purchasing
Division prior to shipment.
45. INSPECTION OF PURCHASING RECORDS
All records of the Purchasing Division and the Board of Standards shall
be available to the public during regular State office hours. Any inspection
of records shall not interfere with the operation of the Department. Where
protected by the Public Records statutes, a vendor's financial information
disclosed in his bidder's qualification form shall not be disclosed to
the public.
46. CANCELLATION OF PURCHASE ORDERS
No cancellation of State of Tennessee purchase orders and departmental
purchase orders may be made except in writing by the Purchasing Division.
Orders may be canceled without the consent of the contractor in case of
any default by the contractor. A contractor may request cancellation and
the State may grant relief if the contractor is prevented from performance
by an act of war, order of legal authority, act of nature or other unavoidable
causes not attributed to the fault or the negligence of the contractor.
47. COMPLAINT TO VENDOR Letter
The A complaint to vendor (Reference Exhibit
4) is generated by all state agencies to report instances where the vendor
fails to perform in accordance with the contract. This includes failure
to perform by the date specified and any unacceptable difference(s) between
the purchase order and the merchandise received. The vendor is required
to reply to the complaint in writing within fourteen (14) working days.
Vendor should expedite correction of the differences. Failure to reply
may result in removal of the vendor from the approved mailing list of bidders.
48. REJECTION OF BIDS
The Commissioner of General Services may reject any or all bids. Action
to reject all bids shall be taken only for unreasonably high prices, error
in the solicitation, cessation of need, unavailability of funds, failure
to secure adequate competition, or any other reason approved by the Board
of Standards.
49. TAXES
The State is exempt from Federal excise tax or State sales tax. Contractors
are not exempt from the use tax on materials and supplies used in the production
of an item or used in the performance of a repair or construction contract.
The contractor agrees to pay all taxes incurred in performance of an awarded
contract. The State is liable for the tax on tobacco products, petroleum,
and certain services as stated in the Service Tax Act. The vendor is responsible
for other applicable taxes (i.e. Use Tax).
Agencies which procure products for the purpose of resale shall register
with the Department of Revenue. Upon registration, resale certificates
will be issued to the requesting agency. The agency will issue resale certificates
to the successful contractor(s) for products procured for resale. The agency
is responsible for the collection of the appropriate sales or use tax when
the product is sold.
50. LICENSES / PERMITS
The bidder must have all applicable licenses and permits required by
Federal and State Laws to perform under any state contract.
51. PROMPT PAYMENT ACT
The Prompt Payment Act of 1985 requires that, if no date for payment
is agreed upon in the contract, payment will be made within forty-five
(45) days after receipt of the invoice. Overdue payments accrue one and
one-half percent (1 1/2%) interest per month beginning on the day after
payment is due, and an agency may not seek additional appropriations to
pay disputed bills.
52. EXEMPT AGENCIES
The following State agencies are exempt by statue from purchasing through
the Purchasing Division. Where the Purchasing Division has established
term contracts, exempt agencies are required to use such contracts unless
they can obtain the product at a lesser cost. All exempt agencies must
adhere to the policies and procedures of the Board of Standards insofar
as practicable and may purchase through the Purchasing Division.
(1) The General Assembly of the State of Tennessee;
(2) The University of Tennessee;
(3) The State University and Community College System;
(4) The State Technical Institutes.
53. EXEMPT COMMODITIES AND SERVICES
The purchase, lease, construction, management and disposal of highways,
bridges, public buildings, real estate, insurance policies, and professional
services are exempt from purchase through the Purchasing Division but are
governed by other laws and regulations. The operation of vending machines
and vending stands in State facilities is exempt from purchase through
the Purchasing Division in instances where the Blind Services Division
of the Department of Human Services prefers to operate the facilities.
Finance & Administration
Office of Contract Review
12th Floor William R. Snodgrass Tennessee Tower
Nashville, TN 37243-1080
Finance & Administration
Capitol Projects Management
20th Floor William R. Snodgrass Tennessee Tower
Nashville, TN 37243-0300
Department of Transportation
Construction Division
Suite 700 James K. Polk Building
Nashville, TN 37243-0326
54. DISCRIMINATION PROHIBITED
The State of Tennessee is prohibited from contracting with any contractor
or vendor who discriminates against a qualified individual or fails to
comply with the ADA (Americans with Disabilities Act of 1990) 42 United
States Constitution, Section 12101.
55. CONFLICT OF INTEREST
No officer or employee of the Department of General Services nor any
member of the Board of Standards, 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 materials, supplies, or equipment
for the State of Tennessee 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.
56. RULES
The Rules of the Department of General Services,
Purchasing Division is attached.
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The Department of General Services, State of Tennessee, complies with Title
VI of the Civil Rights Acts of 1964, as codified in 42 U.S.C. 2000D, which
states that:
No person in the United States shall, on the ground of race,
color, or national origin, be excluded from participation in, be denied
the benefits of, or be subject to discrimination under any program or activity
receiving federal assistance.
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This is provided for general information purposes only. Nothing contained
herein shall be construed to amend, modify, override, or nullify any statute,
rule, policy or procedure of the Department of General Services, or the
provision of any document used in any competitive procurement.
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