AN ACT to amend Tennessee Code Annotated, Title 12, Chapter 3, Part 12, relative to construction project delivery methods.

More building options for Tennessee local governments

The law gives eligible Tennessee local governments more ways to handle construction projects costing more than $5 million, including renovations and expansions. It covers counties, cities, metro governments, towns, local school agencies, utilities, and other local government bodies. They can use separate design and construction contracts, one combined design-and-build contract, or a construction manager serving as general contractor. The construction manager advises the owner and designer and delivers the project within a guaranteed maximum price. Governments must have a full-time purchasing or procurement employee acceptable to the state Comptroller or a designee. Prior-year general government revenue must reach $150 million for counties and metro governments, or $125 million for other local governments. Alternatively, the Comptroller or designee can approve this authority as serving the local government's best interests. Governments must authorize a competitive proposal process through local ordinances, rules, regulations, or policies. Before requesting proposals, they must disclose scoring criteria and weights. Qualifications and experience must make up a majority of scoring; price must count for at least 20%. Governments must disclose the selection committee's size and members' occupations and keep written conflict-of-interest disclosures for each member. After choosing the highest-scoring proposal, they must publish the selection notice, evaluation scores, and committee members' notes online. Proposers have 10 days after notice to file a written protest. The government must respond in writing before signing the contract. Procurement documents, including proposals requests, scoring materials, committee notes, and the final contract, are public records available on request. This added authority leaves other lawful purchasing options intact. The law took effect upon becoming law.