Effective July 1, 2014, Tennesee Changes to Invitations to Bid Process

Posted

On April 8, 2014, Tennessee Governor signed into law Senate Bill 1713, a bill amending by deleting the section in its entirety and substituting Title 62, Chapter 6, Part 1, § 62-6-119, relative to requirements for invitations to bid. The amended law is effective July 1, 2014.

Amended Section 62-6-119(b) will read:

“The person or entity involved in the preparation of the invitation to bid or comparable bid documents, including any electronic bid documents, shall direct that the following information be written upon the bid envelope or provided within the electronic bid document:

(1) The name, license number, expiration date thereof, and license classification of the contractor applying to bid for the prime contract;

(2) The name, license number, expiration date thereof, and license classification of the contractor applying to bid for the masonry contract where the total cost of the materials and labor for the masonry portion of the construction project exceeds one hundred thousand dollars ($100,000);

(3) The name, license number, expiration date thereof, and license classification of the contractor applying to bid for the electrical, plumbing, heating, ventilation, or air conditioning contracts except when such contractor’s portion of the construction project is less than twenty-five thousand dollars ($25,000);

(4) For each vertical closed loop geothermal heating and cooling project, the company name, department of environment and conservation license number, classification (G, L or G,L) and the expiration date, except when the geothermal portion of the construction project is in an amount less than twenty-five thousand dollars ($25,000);

(5) Prime contractor bidders who are to perform the masonry portion of the construction project which exceeds one hundred thousand dollars ($100,000), materials and labor, the electrical, plumbing, heating, ventilation or air conditioning or the geothermal heating and cooling must be so designated; and

(6) Only one (1) contractor in each of the classifications listed above shall be written on the bid envelope or provided within the electronic bid document.”

“Failure of any bidder to furnish the required information shall void such bid and such bid shall not be considered.” TN Code § 62-6-119(c). However, prior to awarding a contract, “any discrepancies found in the spelling of names of bidders, transposition of license numbers, or other similar typographical errors or omissions may be corrected within forty-eight (48) hours after the bid opening excluding weekends and state-recognized holidays.” Id.

Additional Resources: Tennessee Department Of Commerce and Insurance, Board for Licensing Contractors; LegiScan, TN S.B. 1713