The University of Tennessee, Knoxville

Tennessee County Municipal Advisory Service

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Purchases from State Industries

Reference Number: MTAS-1703
Tennessee Code Annotated
Reviewed Date: August 27, 2014
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41-22-119. Purchase of articles by public agencies
(a)  All departments, institutions, agencies, and political subdivisions of this state, that are supported in whole or in part by the state, shall purchase from the TRICOR board all articles required by these departments, institutions, agencies or political subdivisions of the state produced, repackaged, assembled, warehoused, or manufactured by TRICOR with the labor of inmates confined within the institutions or elsewhere employed within this state; provided, that the articles are certified pursuant to procedures approved by the procurement commission as being of satisfactory quality, being reasonable in price, and available.

(b) In the procedures for certifying articles for purchase by state government, the procurement commission may consider, if it deems appropriate, the effect of certification on markets in the private sector; however, it is not the legislative intent that this effect, if considered, be a controlling factor in the board's decision.

(c) The board shall appoint a certification committee consisting of, but not limited to, a representative from the TRICOR board, the departments of general services and finance and administration and the office of the comptroller of the treasury that will advise the board.

(d) The TRICOR board shall submit requests for certification of articles together with supporting data regarding quality, price and availability pursuant to procedures approved by the procurement commission.

(e) No article shall be purchased by any such department, institution, agency, or political subdivision of the state from any other source unless excepted from the provisions of §§ 41-22-118 – 41-22-124.

(f) Each member of the general assembly may purchase any office furniture and equipment manufactured by TRICOR for the purpose of furnishing the legislative offices of that member in the member’s legislative district.

(g) The competitive bidding procedures set forth in title 12, chapter 3, part 5, do not apply to the purchase of articles manufactured or grown by TRICOR and certified pursuant to procedures approved by the procurement commission.

41-22-120. Agencies not required to purchase prison-made articles — Exceptions from the operation of the mandatory provisions of §§ 41-22-118 — 41-22-124 may be made in any case where, in the opinion of the procurement commission, articles so produced or manufactured do not meet the reasonable requirements of a department, institution, agency or political subdivision of the state. No department, institution, agency or political subdivision may be allowed to evade the intent and meaning of this section by slight variations from standards adopted by the TRICOR board when articles produced or manufactured by it are certified pursuant to procedures approved by the procurement commission.

41-22-121. Violations of § 41-22-120 — No voucher, certificate or warrant issued on the commissioner of finance and administration by any department, institution, agency or political subdivision shall be questioned by the commissioner or by the state treasurer on the grounds that § 41-22-120 has not been complied with by the department, institution, agency, or political subdivision, but if intentional violation of § 41-22-120 by any department, institution, agency or political subdivision continues, after notice from the governor to desist, it constitutes a malfeasance in office and subjects the officer or officers or agents responsible for this violation to suspension or removal from office as may be provided by law in other cases of malfeasance.

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