Public Chapter 153

HOUSE BILL NO. 978

By Representative Garrett

Substituted for: Senate Bill No. 434

By Senator Haynes

AN ACT to amend Tennessee Code Annotated, Section 62-6-119, relative to invitations to bid.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Section 62-6-119 is amended by deleting such section in its entirety and by substituting instead the following:

Section 62-6-119. (a) Any person or entity preparing plans, specifications or any other documentation for inclusion or consideration in an invitation to bid or comparable bid document shall include a copy of this chapter at least by reference and a specific statement informing the invited bidder that it is necessary for such bidder to provide evidence of a license in the appropriate classification before such bid may be considered.

(b) Any person or entity involved in the preparation of the invitation to bid or comparable bid documents shall direct that the name, license number, expiration date thereof, and license classification of the contractors applying to bid for the prime contract and for the electrical, plumbing, heating, ventilation, and air conditioning contracts, appear on the outside of the envelope containing the bid except when the bid is in an amount less than twenty-five thousand dollars ($25,000). When the bid is less than twenty-five thousand dollars ($25,000), the name of the contractor only may appear on the outside of the envelope containing the bid and upon opening the envelope, if such bid is in excess of twenty-five thousand dollars ($25,000) the same shall automatically be disqualified. Prime contractor bidders who are to perform the electrical, plumbing, heating, ventilation and air conditioning must be so designated upon the outside of the envelope. Failure of any bidder to comply therewith shall void such bid and the envelope containing such bid shall not be opened or considered. It is the duty and responsibility of the awarding person or entity who received the envelope containing the bid to verify only the completeness of the required licensure information prior to the opening of the envelope. Prior to the opening of the envelope, the names of all contractors listed thereon shall be read aloud at the official bid opening and incorporated into the bid. Prior to awarding a contract, the awarding person or entity and its authorized representatives shall verify the accuracy, correctness and completeness of the information required hereby. The failure of any bidder to comply with all of the provisions hereof shall automatically disqualify such bid. However, bids administered by the State Department of General Services shall require that the information be furnished within the bid or bid document and need not appear on the envelope.

(c) Any person or entity, public and private, failing to observe this section shall be penalized in the same manner as any person under 62-6-120 who accepts a bid from a person who is not licensed in accordance with the provisions of this chapter.

(d) A violation of this section is a Class A misdemeanor.

SECTION 2. This act shall take effect July 1, 1997, the public welfare requiring it.