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Terms Used In Tennessee Code 4-56-106

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Commission: means the state procurement commission, which replaces the board of standards within former title 12, chapter 3, part 4. See Tennessee Code 4-56-101
  • Committee: means the state protest committee, which replaces the board of standards protest authority within former §. See Tennessee Code 4-56-101
  • Contract: A legal written agreement that becomes binding when signed.
  • Council: means the advisory council on state procurement. See Tennessee Code 4-56-101
  • Procurement: means buying, purchasing, renting, leasing, or otherwise acquiring any goods or services. See Tennessee Code 4-56-101
  • Proposer: includes a "bidder" or "proposer" that is a legal entity that has properly registered as required by the state. See Tennessee Code 4-56-101
  • Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • Services: means all services and agreements obligating the state, except services for highway and road improvements, which are governed by title 54, and designer and construction services, which are governed under chapter 15 of this title. See Tennessee Code 4-56-101
  • sex: means a person's immutable biological sex as determined by anatomy and genetics existing at the time of birth and evidence of a person's biological sex. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Vendor: means a legal entity that has been established by the department of finance and administration's division of accounts as a vendor through proper authority for which payment may be made by the state. See Tennessee Code 4-56-101
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(1) There is created an advisory council on state procurement that consists of five (5) voting members and seven (7) nonvoting members.
(2) The five (5) voting members of the advisory council include:

(A) One (1) representative of state agencies appointed by the commissioner of general services;
(B) One (1) representative from the department of general services appointed by the commissioner of general services;
(C) One (1) representative from the department of finance and administration appointed by the commissioner of finance and administration;
(D) One (1) representative from the office of the comptroller of the treasury appointed by the comptroller of the treasury; and
(E) The chief procurement officer, who serves as an ex-officio member and as chair of the council.
(3)

(A) The speaker of the house of representatives, the speaker of the senate, and the governor each appoint two (2) nonvoting representatives to the advisory council, with one (1) representative from the bidder or vendor community and one (1) representative recommended by the National Institute of Government Purchasing. The chair of the fiscal review committee appoints one (1) nonvoting member to the advisory council.
(B) The members appointed under subdivision (a)(3)(A) must represent the proposer and vendor community and other procurement professionals.
(4) If a member resigns or becomes ineligible for service on the advisory council a successor must be appointed by the appropriate appointing authority in the same manner as the original appointment.
(5) All members must have a demonstrable working knowledge of the state procurement process.
(6) In making the appointments to the advisory council, the appointing authorities shall give due consideration to the age and sex of its members, and the geographic, racial, sex, and ethnic diversity of such persons.
(b)

(1) Proxy voting is prohibited by voting members of the advisory council; provided, however, that, in instances where a voting member will be absent from a vote of the council, the member’s appointing authority may appoint an alternate or designee for the vote.
(2)

(A) Any voting member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year is removed as a member of the advisory council.
(B) The chair of the advisory council shall promptly notify, or cause to be notified, the appointing authority of a voting member who fails to satisfy the attendance requirement as prescribed in subdivision (b)(2)(A).
(c) [Deleted by 2023 amendment.]
(d) [Deleted by 2023 amendment.]
(e) No employer shall discriminate in any manner against an employee who serves on the council because of the employee’s service on the council. Employees who serve on the council shall not be denied any benefit from their employer because of the employee’s service on the council.
(f) Members of the council shall not be paid but may be reimbursed for travel expenses. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.
(g) The council shall meet at least twice each year for the discussion of problems and recommendations for improvement of the procurement process or any other matter relevant to procurement as determined by the chief procurement officer.
(h) The council shall review and issue a formal comment approved by the council on procurement policies, standards, guidelines, and procedures established by the chief procurement officer prior to being presented for approval by the commission. All reviews and formal comments shall be issued within sixty (60) days of being presented to the council by the chief procurement officer. The formal comments approved by the council shall be provided to the members of the commission, and the officers of the fiscal review committee.
(i) When requested by the chief procurement officer, the council may conduct studies, research, analyses, and make reports and recommendations with respect to subjects or matters within the authority and duties of the chief procurement officer. The chief procurement officer may appoint advisory groups to assist in specific areas, and with respect to any other matters within the authority of the chief procurement officer.
(j) In performing its responsibilities, the council’s role shall be strictly advisory, but it may do any of the following:

(1) Make recommendations to the governor, general assembly, fiscal review committee, commissioner of general services, commissioner of finance and administration, and comptroller of the treasury relating to the enactment or promulgation of laws or rules that affect this title and title 12, chapters 3 and 4;
(2) Make recommendations to the commissioner of general services and commissioner of finance and administration regarding the method and form of statistical data collections; and
(3) Monitor the performance of the chief procurement office in the implementation of legislative directives.
(k) The council may develop evaluations, statistical reports, and other information from which the general assembly may evaluate the impact of legislative changes to procurement laws.
(l) Whenever any bill is introduced in the general assembly proposing to amend this chapter, to make any change in public procurement or contract law, or to make any change in the law that may have a financial or other substantive impact on the administration of public procurement and contract law, the standing committee to which the bill is referred may refer the bill to the council. The council’s review of bills relating to procurement and contract law shall include, but not be limited to, bills that propose to amend this chapter and title 12, chapters 3 and 4. All bills referred to the council shall be reported back to the standing committee to which they were assigned in a reasonable time. Notwithstanding the absence of a report from the council, the standing committee may consider the bill at any time. The chair making the referral shall immediately notify the prime sponsors of the bill of the referral and the council shall not review and comment on the proposed legislation until the prime sponsors of the bill have been notified. The comments of the council shall describe the potential effects of the proposed legislation on the procurement and contract process and its operations and any other information or suggestions that the council may determine to be helpful for the sponsors, standing committees, or the general assembly. The comments of the council may include recommendations concerning the proposed legislation. Except for reporting the recommendations for or against passage of proposed bill and responding to any inquiries made by the members of the general assembly, council staff shall not lobby or advocate for or against passage of any proposed legislation.
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