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$tate of m;ennessee
PUBLIC CHAPTER NO. 110
HOUSE BILL NO. 1320
By Representatives Lamberth, Cochran, Howell, Moon, Hawk, Glynn, Sherrell, Davis
Substituted for: Senate Bill No. 1308
By Senators Johnson, Massey
AN ACT to amend Tennessee Code Annotated, Title 4; Title 12 and Title 54, relative to
transportation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 54-1-504(b)(3)(D), is amended by
deleting the word "independently" in the first sentence.
SECTION 2. Tennessee Code Annotated, Section 54-1-504(b)(3)(D), is amended by
deleting the word "averaged" in the third sentence and substituting instead the word "compiled".
SECTION 3. Tennessee Code Annotated, Section 54-1-504(b)(3)(D), is amended by
deleting the subdivision and substituting instead the following:
(D) Upon completion of the evaluation process, members of the selection
committee shall review and score the proposals. Members shall score the proposals
pursuant to the scoring matrix that the department provides in the RFP and based on the
RFP's evaluation criteria. The scores must be tallied and compiled according to the
procedure established in the RFP. Upon completion of the scoring, the proposals must
be ranked in order of the highest score to the lowest score. The proposer whose
proposal receives the highest score is considered the best-evaluated proposer;
SECTION 4. Tennessee Code Annotated, Section 54-1-504(b)(3)(E), is amended by
deleting the language "scores from each member of the selection committee" and substituting
instead the language "compiled scores".
SECTION 5. Tennessee Code Annotated, Section 54-1-504(b)(3)(E), is amended by
deleting the subdivision and substituting instead the language:
(E) The proposals must be submitted in rank order to the commissioner. The
commissioner may either accept the selection committee's recommendation of the best
evaluated proposer, or the commissioner may reject all proposals and proceed with
construction of the project through any lawful method for procuring a construction
services contract. The department shall send all proposers a written notice of award to
the best-:evaluated proposer, or a written notice that all proposals have been rejected. If
the department issues a written notice of award, then the notice must include a copy of
the scores from the members of the selection committee for each RFP proposal;
SECTION 6. Tennessee Code Annotated, Section 54-1-504(b)(3)(F)(iii), is amended by
deleting the subdivision and substituting instead the following:
(iii) To confirm that no member of the selection committee has been improperly
influenced, prior to reviewing the RFP responses, each committee member must
affirmatively complete an affidavit indicating that the member has not discussed the
proposals, or the member's review of the same, with any department employee other
than those listed in the RFP as an appropriate point of contact and those serving on the
selection committee, or with any of the proposers, their agents, employees, or
subcontractors; and
SECTION 7. Tennessee Code Annotated, Section 54-1-504(b)(3)(F)(i), is amended by
deleting the subdivision. HB1320
SECTION 8. Tennessee Code Annotated, Section 54-1-506, is amended by deleting the
language "award of the pre-construction services contract" and substituting instead the
language "the pre-construction services contract".
SECTION 9. Tennessee Code Annotated, Section 54-1-135(a), is amended by deleting
the subsection in its entirety and substituting instead the following:
(a) In the event of a transportation system failure, an imminent threat of a failure,
or other emergency that the commissioner reasonably believes would present a hazard
to the traveling public or a significant delay in transportation, then the commissioner has
the authority to enter into contracts narrowly tailored to remedy the actual or imminent
failure or other emergency by one (1) of the following methods:
(1) When conditions allow, bids will be taken at a special letting. The
commissioner is authorized to waive any provisions of this title related to bidding
to effectuate this special letting, including advertisement, time periods, and
notice;
(2) If the commissioner determines that the failure, threatened failure, or
other emergency requires immediate attention, then the commissioner may enter
into alternative delivery contracts, as defined in § 54-1-601, and waive any
provisions of this title related to these contracts in order to effectuate these
contracts;
(3) If the commissioner determines that the failure, threatened failure, or
other emergency requires immediate attention, then the commissioner may enter
into any highway construction and engineering contracts authorized under title 12
and this title, and waive any provisions of these titles related to these contracts in
order to effectuate these contracts; or
(4) If the commissioner determines that the failure, threatened failure, or
other emergency requires immediate attention, then the commissioner may enter
into a contract through noncompetitive selection of a prequalified contractor
available to undertake the repairs immediately on a force account basis or other
basis determined by the commissioner.
SECTION 10. Tennessee Code Annotated, Section 54-1-135, is amended by deleting
subsection (b) in its entirety and substituting instead the following:
(b) Notwithstanding § 4-3-2303(13), the department is not required to specifically
identify any contract under this section in a prior transportation improvement program
submitted annually to the general assembly in support of the commissioner's annual
funding recommendations and for annual expenditures. However, if the commissioner
enters into a contract under this section, the commissioner shall provide immediate
written notice to the chair of the transportation and safety committee of the senate, the
chair of the finance, ways and means committee of the senate, the chair of the
committee of the house of representatives having jurisdiction over transportation-related
matters, the chair of the committee of the house of representatives having jurisdiction
over budget-related matters, the commissioner of finance and administration, and the
comptroller of the treasury. Within thirty (30) days of the commissioner entering into a
contract under this section, the department shall file copies of all bids and supporting
documentation with the fiscal review committee.
(c) Notwithstanding§§ 54-1-119 and 54-1-503, if the proposed contract under
this section has a total estimated contract amount exceeding one hundred million dollars
($100,000,000), then the department is not required to specifically identify the project in
the transportation improvement program submitted annually to the general assembly in
support of the commissioner's annual funding recommendations.
(d) Notwithstanding § 54-1-602, the limit of twenty-eight (28) alternative delivery
contracts per fiscal year under§ 54-1-602 shall not apply to alternative delivery contracts
procured under this section.
2 HB1320
SECTION 11. Sections 3 and 5 of this act take effect July 1, 2029, the public welfare
requiring it. All other sections of this act take effect July 1, 2025, the public welfare requiring it.
3 HOUSE BILL NO. 1320
PASSED: March 17, 2025
CAMEROJl SEXTON, SPEAKER
HOUSE OF REPRESENTATIVES
RANDYM
SPEAKER OF THE
APPROVED this {}{t:t·,day of liliccL 2025
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BILL LEE, GOVERNOR