Terms Used In Tennessee Code > Title 41 > Chapter 24 - Private Prison Contracting Act of 1986

• 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.
• Central procurement office: means the government agency established in §. See Tennessee Code 12-3-201
• Chief procurement officer: means the person holding the position established in §. See Tennessee Code 12-3-201
• Commissioner: means the commissioner of correction. See Tennessee Code 41-24-102
• Committee: means the state protest committee as established in §. See Tennessee Code 12-3-201
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Contract: A legal written agreement that becomes binding when signed.
• Contract: means any duly authorized and legally binding written agreement for the procurement of goods and services. See Tennessee Code 12-3-201
• contractor: means any entity entering a contractual agreement with the commissioner to provide correctional services to inmates under the custody of the department. See Tennessee Code 41-24-102
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Correctional services: means the following functions, services and activities, when provided within a prison or otherwise:
  (A) Education, training and jobs programs. See Tennessee Code 41-24-102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Data: means any recorded information, regardless of its form or characteristic. See Tennessee Code 12-3-201
• Department: means the department of correction. See Tennessee Code 41-24-102
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• facility: means any adult institution operated by or under the authority of the department. See Tennessee Code 41-24-102
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Goods: means all personal property, including, but not limited to, supplies, equipment, materials, printing, and insurance. See Tennessee Code 12-3-201
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• Political subdivision: means any authority, city, town, municipality, county or instrumentality of any authority, city, town, municipality or county within the state. See Tennessee Code 12-3-201
• Procurement: means buying, purchasing, renting, leasing, or otherwise acquiring of any goods or services. See Tennessee Code 12-3-201
• Procurement commission: means the state procurement commission, as established in §. See Tennessee Code 12-3-201
• Proprietary: means a good or service that is used, produced, or marketed under exclusive legal right of the inventor, maker or service provider that is protected under trade secret, patent, trademark, or copyright law. See Tennessee Code 12-3-201
• Respondent: includes a "bidder" or "proposer" that is a natural person or legal entity that has properly registered as required by the state. See Tennessee Code 12-3-201
• Response: means a written response to a solicitation for goods and services. See Tennessee Code 12-3-201
• Responsible: means a person who has the capacity in all respects to perform fully the contract requirements, as well as the integrity and reliability, which will assure good faith performance. See Tennessee Code 12-3-201
• Responsive: means a person who has submitted a response that conforms in all material respects to the competitive procurement. See Tennessee Code 12-3-201
• Services: means all services and agreements obligating the state, except services for highway and road improvements governed by title 54 and design and construction services governed by title 4, chapter 15. See Tennessee Code 12-3-201
• signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
• Solicitation: means any type of document that invites responses and may include, by way of example, an "invitation to bid" a "request for proposal" or a "competitive negotiation". See Tennessee Code 12-3-201
• Specification: includes , as appropriate, requirements for inspecting, testing, or preparing a supply, service, or construction item for delivery. See Tennessee Code 12-3-201
• State agency: means any state governmental entity, other than the central procurement office and those state entities exempted by §. See Tennessee Code 12-3-201
• State governmental entity: means any agency, authority, board, commission, department, or office within the executive, legislative or judicial branches of state government or any autonomous state agency, authority, board, commission, council, department, office, or institution of higher education. See Tennessee Code 12-3-201
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Venue: The geographical location in which a case is tried.
• Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
• Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105