Amends TCA Title 4, Chapter 25; Title 4, Chapter 56, Part 1; Title 12, Chapter 3, Part 3 and Title 12, Chapter 4, Part 1.

Generally, the Paperwork Reduction and Simplification Act of 1976 requires the commissioner of general services to establish and implement a forms reduction and management program to reduce the paperwork burden on citizens and businesses. This bill repeals the Paperwork Reduction and Simplification Act of 1976. Present law requires the chief procurement officer to keep a record of all proceedings of the state protest committee. This bill instead requires the chief procurement officer to keep a record of the documents submitted to the committee regarding protests of solicitations and the commissioner of finance and administration to keep a record of the committee's minutes, procedures, and proceedings. Present law concerning public purchases requires that solicitations issued for the purpose of establishing a contract include the maximum liability or total estimated purchase by agencies of state government for the contract period, if applicable, and for the new contract period. This bill instead requires that the solicitations include the total estimated scope or volume for the current contract period, if applicable, and for the new contract period. Present law concerning public contracts generally requires that, if a statute, ordinance, resolution, rule, or regulation mandates the use of competitive bidding by any state agency, county or municipal corporation, then an addenda is not permitted within less than 48 hours of the bid opening date unless the bid deadline is extended to at least 48 hours to allow for any necessary changes to the bid documents and to allow bidders to resubmit their bids accordingly. This requirement does not apply to the department of transportation contracts or any state or local agency contracts funded in whole or in part with state or federal highway funds. This bill adds an exception for the central procurement office and procurement conducted for goods and services for the use of state government. Present law authorizes state procurement agencies to enter into an energy performance or guaranteed energy savings contract using alternative procurement or contracting vehicle for purposes of developing and implementing up to five pilot projects for state-owned buildings and facilities. Present law limits the conservation energy measures that are eligible for the pilot projects to five specific measures. The contracts entered as pilot projects were required to reach substantial completion of energy conservation measures by December 31, 2020. The commissioner of environment and conservation is required to submit a report summarizing the results of the pilot projects by June 30, 2022. This bill converts the pilot project to general authorization for state procurement agencies to enter into an energy performance or guaranteed savings contract using alternative procurement or contracting vehicles. This bill expands the types of conservation energy measures that the contracts may be used for. This bill removes the deadline dates and the reporting requirement for the pilot projects, although annual reports will continue to be a requirement. ON MARCH 29, 2021, THE SENATE ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 746, AS AMENDED. AMENDMENT #1 restores application of the present law requirements for addenda within less than 48 hours of the bid opening date to contracts of state agencies when a law or rule requires the use of competitive bidding. This amendment also restores the present law exemptions for department of transportation contracts and state agency contracts funded in whole or in part with state or federal highway funds. This amendment changes this bill's requirement that an energy service company executing an energy performance contract or a guaranteed energy savings contract post a performance bond, letter of credit, or similar surety with the procurement agency in the total amount of guaranteed savings over the contract term. Under this amendment, the energy service company must post a performance bond, letter of credit, or similar surety with the procurement agency for a term of up to three years and that may be renewed for subsequent terms of up to three years to insure the guaranteed savings over the contract term. This amendment exempts from this bill's requirements concerning energy service contracts any energy-related service contracts for institutions of higher education, or for counties, cities, metropolitan governments, towns, utility districts, and other municipal and public corporations of this state.