Amends TCA Title 3; Title 4; Title 8; Title 9; Title 12 and Title 49.

This bill changes various provisions of present law concerning government contracts as follows: (1) This bill adds the following to the list of the state's fee-for-service type contracts that the contract services subcommittee of the fiscal review committee is required to review: noncompetitive procurement agreements, including grants and contracts, to procure non-research-related goods or services from entities that are not governmental entities; (2) Present law requires that all requests to make a procurement by a noncompetitive contract are contemporaneously filed along with supporting information with the fiscal review committee of the general assembly, comptroller of the treasury, and the chief procurement officer. This bill specifies that "noncompetitive contract" includes any procurement arrangement, including, but not limited to, a grant or contract, but does not include a grant or contract awarded to a: public institution of higher education to procure research or public service-related goods or services; or governmental entity, including, but not limited to, a local government. This bill also clarifies that information supporting a request to make a procurement by a noncompetitive contract is only required when the noncompetitive contract is subject to review; (3) This bill requires the chief procurement officer to make a monthly report to the director of the fiscal review committee, which report must list the contracts, grants, or other non-competitive procurements that were awarded during the prior month. The report must include the names of procuring agencies and vendors, identification of what was procured, the term, and any expenditures and revenue associated with the procurement. The report must also include any policy, procedure, or rule change to the state procurement processes planned for the following month; (4) This bill requires the chief procurement officer to disclose conflicts of interest; (5) This bill makes the chief procurement officer's duty to identify goods or services that may not be procured by competitive means because of the existence of a single source of supply permissive rather than mandatory; and (6) This bill makes it a Class A misdemeanor for a public officer or employee involved in administering or making a procurement agreement on behalf of this state to accept employment with any person or entity with whom the officer or employee dealt in an official capacity concerning the procurement transaction for 24 months from the ending of the contract or one year immediately following departure from employment as the public officer or employee, whichever occurs first. This bill specifies that a public officer or employee will be considered to be involved in administering or making a procurement agreement if the person oversees the performance of the agreement, has authority to make decisions regarding the agreement or to interpret the agreement, or participates in the development of the terms or award of the agreement. A public officer or employee is not involved in making or administering a procurement agreement solely because of the performance of ministerial duties related to the agreement. ON APRIL 29, 2021, THE SENATE SUBSTITUTED HOUSE BILL 1046 FOR SENATE BILL 993, ADOPTED AMENDMENT #1, AND PASSED HOUSE BILL 1046, AS AMENDED. AMENDMENT #1 replaces the provisions described in (6) of the Bill Summary. Under present law, it is a Class A misdemeanor offense for a public employee or former public employee having official responsibility for procurement transactions to accept employment with any respondent to a solicitation or contractor with whom the employee or former employee dealt in an official capacity concerning procurement transactions for a period of one year from the cessation of employment by the public body unless the employee or former employee provides written notification to the public body, or a public official if designated by the public body, or both, prior to commencement of employment by that respondent to a solicitation or a contractor. This amendment replaces the present law to make it a Class A misdemeanor offense for a public employee involved in negotiating a procurement agreement to accept employment with any person or entity with whom the employee dealt in an official capacity on behalf of the state concerning the procurement agreement for a period of 24 months from the ending of the procurement agreement or one year immediately following departure from employment as the public officer or employee, whichever occurs first. This amendment defines "procurement agreement" to mean any agreement to procure goods or services, including, but not limited to, a contract or grant, but does not include a contract or grant by a public institution of higher education to procure research or public service-related goods or services.