Amends TCA Section 4-56-108.
This bill makes certain changes to provisions governing procurement contracts that are subject to review and approval by the comptroller of the treasury, as discussed below. Present law requires the comptroller to review and approve such procurements, contracts, grants, and other related documents prior to the public posting on the single procurement website of such procurements; after posting any amendments thereto; after recommendation for award; and prior to execution of the contract as applicable for, among others, the following: (1) Procurement and contracts for goods and services where authority exists under both the state building commission and the central procurement office to procure and contract; (2) Procurement and contracts for auditing services; (3) Cooperative agreement to participate, sponsor, conduct or administer as provided in TCA section 12-3-512 with any other entity. That section of TCA provides that the central procurement office and public institutions of higher education may participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of goods or services with one or more other states or local governments in accordance with an agreement entered into between the participants. All cooperative purchasing conducted under that present law provision must be awarded through full and open competition; and (4) Procurement or contracts that would provide for the negotiation of a necessary, mandatory or standard contract clause. This bill revises the above provisions, as follows: (A) Requires that the comptroller's review occur "prior to" instead of "after posting" of amendments; (B) Makes the review described above in item (3) applicable to those agreements with an estimated liability in excess of $5 million, which may be increased or decreased by action of the commission; and (C) Removes the provision for review of the procurements and contracts described above in item (4).
This bill makes certain changes to provisions governing procurement contracts that are subject to review and approval by the comptroller of the treasury, as discussed below. Present law requires the comptroller to review and approve such procurements, contracts, grants, and other related documents prior to the public posting on the single procurement website of such procurements; after posting any amendments thereto; after recommendation for award; and prior to execution of the contract as applicable for, among others, the following: (1) Procurement and contracts for goods and services where authority exists under both the state building commission and the central procurement office to procure and contract; (2) Procurement and contracts for auditing services; (3) Cooperative agreement to participate, sponsor, conduct or administer as provided in TCA section 12-3-512 with any other entity. That section of TCA provides that the central procurement office and public institutions of higher education may participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of goods or services with one or more other states or local governments in accordance with an agreement entered into between the participants. All cooperative purchasing conducted under that present law provision must be awarded through full and open competition; and (4) Procurement or contracts that would provide for the negotiation of a necessary, mandatory or standard contract clause. This bill revises the above provisions, as follows: (A) Requires that the comptroller's review occur "prior to" instead of "after posting" of amendments; (B) Makes the review described above in item (3) applicable to those agreements with an estimated liability in excess of $5 million, which may be increased or decreased by action of the commission; and (C) Removes the provision for review of the procurements and contracts described above in item (4).
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