HB 546 - SB 509 FISCAL NOTE Fiscal Review Committee Tennessee General Assembly February 15, 2025 Fiscal Analyst: Justin Billingsley | Email: justin.billingsley@capitol.tn.gov | Phone: 615-741-2564 HB 546 - SB 509 SUMMARY OF BILL: Authorizes a local government to procure through cooperative purchasing agreements (CPAs) materials, labor, and services used for maintenance, operations, component replacement, or repairs of existing facilities and grounds owned or operated by a local education agency (LEA) or by a local government agency. FISCAL IMPACT: NOT SIGNIFICANT Assumptions: • Pursuant to Tenn. Code Ann. § 12-3-1205(a)-(b), local governments and utility districts may participate in, sponsor, conduct, or administer a CPA for the procurement of: o Any supplies, services or construction with one or more other local governments, so long the purchasing entity complies with its own purchasing requirements; and o Any goods, supplies, services, or equipment with one or more other governmental entities outside this state, or with an agency of the United States, provided, such procurement is competitively bid. • Pursuant to Tenn. Code Ann. § 12-3-1205(b)(4)(B), purchases of construction, engineering, or architectural services, or construction materials are prohibited from being purchased through a CPA. • The proposed legislation excludes from the definition of construction and construction materials: materials, labor, and services used for maintenance, operations, component replacement, or repairs of existing facilities and grounds owned or operated by an LEA or by a local government agency, thereby authorizing the local government to make such purchases through a CPA. • The number of purchases that will be made through a CPA as a result of this legislation is not known. • Though competitively bid procurements are typically estimated to result in the most cost- effective purchase for a governmental entity, it is unknown if a local government’s participation in a CPA for the purchase of the goods and services authorized under this legislation will result in any significant deviation from the current costs incurred for such goods and services. • It is generally assumed that LEAs and local government agencies will enter into CPAs in the best interest of its citizens and that costs incurred through such agreements would, at the least, result in expenditures being on par with the current costs at which they are being procured. HB 546 - SB 509 2 • LEAs and local government agencies may experience a decrease in administrative burden and expenditures for no longer hosting bids for such goods and services. • The proposed legislation may result in a permissive increase or decrease in local expenditures; however, it is estimated that the net impact to local expenditures is not significant. CERTIFICATION: The information contained herein is true and correct to the best of my knowledge. Bojan Savic, Executive Director