Tenn. Comp. R. & Regs. 0690-03-01-.01 - APPLICABILITY

(1) These Rules shall apply to all procurements and resulting contracts for commodities and services entered into by the various departments, institutions, boards, commissions, and agencies of the executive branch of government of the State of Tennessee (referenced herein as "agency"), with the following exceptions:

(a) Contracts of the Department of Transportation for construction and engineering which are made in accordance with the provisions of T.C.A. §§ 54-5-101, et seq.

(b) The University of Tennessee and the Tennessee Board of Regents college and university systems.

(c) Contracts to employ additional legal counsel for the State of Tennessee that are subject to the provisions of T.C.A. § 8-6-106 shall not be subject to these Rules. Contracts for the provision of legal services, consultation, or advice provided to beneficiaries of programs of the State of Tennessee and not directly provided to the State of Tennessee shall be made in accordance with these Rules.

(d) Interagency Agreements between two agencies of the State, where neither State Agency has the independent capacity to contract or sue or be sued, shall not be subject to these Rules. A contract between a State Agency subject to these Rules and a separate governmental entity with the legal capacity to contract and sue or be sued shall be reduced to writing, contain an adequate description of the duties of each party, a statement of the contract term, a statement of the maximum amount payable, and shall be drafted to comply with these Rules and Central Procurement Office Policy, unless otherwise provided by applicable law.

(e) An agreement with the federal government providing for a grant award from the federal government to the State (e.g., to operations, program activities, or to pass through a grant award that specifically identifies a subrecipient) shall not be subject to these Rules. Notwithstanding the foregoing, the State's contracts with subrecipients or vendors paid with State or federal funding shall be subject to these Rules.

(f) Contracts conveying gifts to the State are not subject to these Rules, even though acceptance of a gift may necessitate an agreement between the donor and the recipient State Agency regarding the gift.

(g) These Rules shall not apply to contracts requiring State Building Commission approval.

(h) These Rules shall not apply to the purchase, lease, or disposal of any real estate owned by or acquired by the State.

(i) The operation of vending machines and vending stands in State facilities is exempt from procurement through the Central Procurement Office in instances where the Blind Services Division of the Department of Human Services prefers to operate the facilities.

(j) The procurement of surplus property by the State through State Agencies or otherwise is not subject to these Rules. Agencies desiring to acquire surplus State property must follow the Rules and regulations of the Department of General Services, State Personal Property Utilization Division (Rules 0690-02-01-.01, et seq.).

(k) Notwithstanding anything in these Rules to the contrary, local government agencies are authorized to purchase through the Central Procurement Office pursuant to Central Procurement Office Policy. Requests may be made for one-time purchases or the establishment of agency term contracts. In addition, all items available on statewide contracts may be purchased by local government agencies and nonprofits.

Notes

Tenn. Comp. R. & Regs. 0690-03-01-.01

Original rule filed February 5, 1982; effective June 1, 1982. Amendment filed January 24, 1986; effective April 15, 1986. Repeal and new rule filed November 25, 1987; effective February 28, 1988. Repeal and new rule filed October 22, 2013; effective January 20, 2014.

Authority: T.C.A. §§ 4-56-102, 4-56-105, 12-3-101, 12-3-102, 12-3-103, 12-4-101, 12-3-1201, and 71-4-503.