Tennessee 2025-2026 Regular Session

Tennessee House Bill HB1320 Compare Versions

Version 1 (Old)

Version 2 (New)

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8		-	~~$tate of m;ennessee~~
9		-	~~PUBLIC CHAPTER NO. 110~~
10		-	~~HOUSE BILL NO. 1320~~
11		-	~~By Representatives Lamberth,~~ ~~Cochran, Howell, Moon, Hawk, Glynn, Sherrell, Davis~~
12		-	~~Substituted for: Senate Bill No. 1308~~
13		-	~~By Senators Johnson~~, ~~Massey~~
14		-	~~AN ACT to amend Tennessee Code Annotated, Title 4;~~ Title 12 and Title 54, relative to
15		-	~~transportation.~~
	1	+
	2	+	SENATE BILL 1308
	3	+	By Johnson
	4	+
	5	+	HOUSE BILL 1320
	6	+	By Lamberth
	7	+
	8	+
	9	+	HB1320
	10	+	001584
	11	+	- 1 -
	12	+
	13	+	AN ACT to amend Tennessee Code Annotated, Title 4;
	14	+	Title 12 and Title 54, relative to transportation.
	15	+
16	16		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
17	17		SECTION 1. Tennessee Code Annotated, Section 54-1-504(b)(3)(D), is amended by
18	18		deleting the word "independently" in the first sentence.
19	19		SECTION 2. Tennessee Code Annotated, Section 54-1-504(b)(3)(D), is amended by
20	20		deleting the word "averaged" in the third sentence and substituting instead the word "compiled".
21	21		SECTION 3. Tennessee Code Annotated, Section 54-1-504(b)(3)(D), is amended by
22	22		deleting the subdivision and substituting instead the following:
23	23		(D) Upon completion of the evaluation process, members of the selection
24	24		committee shall review and score the proposals. Members shall score the proposals
25	25		pursuant to the scoring matrix that the department provides in the RFP and based on the
26	26		RFP's evaluation criteria. The scores must be tallied and compiled according to the
27	27		procedure established in the RFP. Upon completion of the scoring, the proposals must
28	28		be ranked in order of the highest score to the lowest score. The proposer whose
29	29		proposal receives the highest score is considered the best-evaluated proposer;
30	30		SECTION 4. Tennessee Code Annotated, Section 54-1-504(b)(3)(E), is amended by
31	31		deleting the language "scores from each member of the selection committee" and substituting
32	32		instead the language "compiled scores".
33	33		SECTION 5. Tennessee Code Annotated, Section 54-1-504(b)(3)(E), is amended by
34	34		deleting the subdivision and substituting instead the language:
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35	39		(E) The proposals must be submitted in rank order to the commissioner. The
36		-	commissioner may either accept the selection committee's recommendation of the best
	40	+	commissioner may either accept the selection committee's recommendation of the best-
37	41		evaluated proposer, or the commissioner may reject all proposals and proceed with
38	42		construction of the project through any lawful method for procuring a construction
39	43		services contract. The department shall send all proposers a written notice of award to
40		-	the best-:evaluated proposer, or a written notice that all proposals have been rejected. If
	44	+	the best-evaluated proposer, or a written notice that all proposals have been rejected. If
41	45		the department issues a written notice of award, then the notice must include a copy of
42	46		the scores from the members of the selection committee for each RFP proposal;
43	47		SECTION 6. Tennessee Code Annotated, Section 54-1-504(b)(3)(F)(iii), is amended by
44	48		deleting the subdivision and substituting instead the following:
45	49		(iii) To confirm that no member of the selection committee has been improperly
46	50		influenced, prior to reviewing the RFP responses, each committee member must
47	51		affirmatively complete an affidavit indicating that the member has not discussed the
48	52		proposals, or the member's review of the same, with any department employee other
49	53		than those listed in the RFP as an appropriate point of contact and those serving on the
50	54		selection committee, or with any of the proposers, their agents, employees, or
51	55		subcontractors; and
52	56		SECTION 7. Tennessee Code Annotated, Section 54-1-504(b)(3)(F)(i), is amended by
53		-	deleting the subdivision. ~~HB1320~~
	57	+	deleting the subdivision.
54	58		SECTION 8. Tennessee Code Annotated, Section 54-1-506, is amended by deleting the
55	59		language "award of the pre-construction services contract" and substituting instead the
56	60		language "the pre-construction services contract".
57	61		SECTION 9. Tennessee Code Annotated, Section 54-1-135(a), is amended by deleting
58	62		the subsection in its entirety and substituting instead the following:
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59	67		(a) In the event of a transportation system failure, an imminent threat of a failure,
60	68		or other emergency that the commissioner reasonably believes would present a hazard
61	69		to the traveling public or a significant delay in transportation, then the commissioner has
62	70		the authority to enter into contracts narrowly tailored to remedy the actual or imminent
63	71		failure or other emergency by one (1) of the following methods:
64	72		(1) When conditions allow, bids will be taken at a special letting. The
65	73		commissioner is authorized to waive any provisions of this title related to bidding
66	74		to effectuate this special letting, including advertisement, time periods, and
67	75		notice;
68	76		(2) If the commissioner determines that the failure, threatened failure, or
69	77		other emergency requires immediate attention, then the commissioner may enter
70	78		into alternative delivery contracts, as defined in § 54-1-601, and waive any
71	79		provisions of this title related to these contracts in order to effectuate these
72	80		contracts;
73	81		(3) If the commissioner determines that the failure, threatened failure, or
74	82		other emergency requires immediate attention, then the commissioner may enter
75	83		into any highway construction and engineering contracts authorized under title 12
76	84		and this title, and waive any provisions of these titles related to these contracts in
77	85		order to effectuate these contracts; or
78	86		(4) If the commissioner determines that the failure, threatened failure, or
79	87		other emergency requires immediate attention, then the commissioner may enter
80	88		into a contract through noncompetitive selection of a prequalified contractor
81	89		available to undertake the repairs immediately on a force account basis or other
82	90		basis determined by the commissioner.
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83	95		SECTION 10. Tennessee Code Annotated, Section 54-1-135, is amended by deleting
84	96		subsection (b) in its entirety and substituting instead the following:
85	97		(b) Notwithstanding § 4-3-2303(13), the department is not required to specifically
86	98		identify any contract under this section in a prior transportation improvement program
87	99		submitted annually to the general assembly in support of the commissioner's annual
88	100		funding recommendations and for annual expenditures. However, if the commissioner
89	101		enters into a contract under this section, the commissioner shall provide immediate
90	102		written notice to the chair of the transportation and safety committee of the senate, the
91	103		chair of the finance, ways and means committee of the senate, the chair of the
92	104		committee of the house of representatives having jurisdiction over transportation-related
93	105		matters, the chair of the committee of the house of representatives having jurisdiction
94	106		over budget-related matters, the commissioner of finance and administration, and the
95	107		comptroller of the treasury. Within thirty (30) days of the commissioner entering into a
96	108		contract under this section, the department shall file copies of all bids and supporting
97	109		documentation with the fiscal review committee.
98	110		(c) Notwithstanding §§ 54-1-119 and 54-1-503, if the proposed contract under
99	111		this section has a total estimated contract amount exceeding one hundred million dollars
100	112		($100,000,000), then the department is not required to specifically identify the project in
101	113		the transportation improvement program submitted annually to the general assembly in
102	114		support of the commissioner's annual funding recommendations.
103	115		(d) Notwithstanding § 54-1-602, the limit of twenty-eight (28) alternative delivery
104	116		contracts per fiscal year under § 54-1-602 shall not apply to alternative delivery contracts
105	117		procured under this section.
106		-	2 HB1320
107	118		SECTION 11. Sections 3 and 5 of this act take effect July 1, 2029, the public welfare
108	119		requiring it. All other sections of this act take effect July 1, 2025, the public welfare requiring it.
109		-	3 HOUSE BILL NO. 1320
110		-	PASSED: March 17, 2025
111		-	CAMEROJl SEXTON, SPEAKER
112		-	HOUSE OF REPRESENTATIVES
113		-	RANDYM
114		-	SPEAKER OF THE
115		-	APPROVED this {}{t:t·,day of liliccL 2025
116		-	'
117		-	•
118		-	U-c ..
119		-	BILL LEE, GOVERNOR