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Current as of January 02, 2024 | Updated by Findlaw Staff
(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.
(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.
Cite this article: FindLaw.com - Tennessee Code Title 54. Highways, Bridges and Ferries § 54-1-135 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-54-highways-bridges-and-ferries/tn-code-sect-54-1-135/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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