# Tenn. Code Ann. § 12-3-102: Exempt agencies and purchases

> Tennessee · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T12_C3_S12-3-102

## Section

- **Citation:** Tenn. Code Ann. § 12-3-102
- **Heading:** Exempt agencies and purchases
- **Jurisdiction:** Tennessee
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** TN Code / Title 12 / Chapter 3 / Section 12-3-102

## Text

(a) Procurements and contracts by and for the following state governmental entities shall be exempt from the operation of this chapter: (1) The legislative branch; (2) The judicial branch; (3) The board of trustees of the University of Tennessee system, the Tennessee board of regents system, the state university boards, the Tennessee higher education commission, and the Tennessee student assistance corporation; (4) Contracts advertised and awarded by the state building commission pursuant to § 4-15-102 . If there is a question whether a contract or procurement requires state building commission or central procurement office approval, the chief procurement officer and the state architect shall determine in writing the procurement method or the contract form that is in the best interest of the state. Any such agreement reached by the chief procurement officer and the state architect shall be subject to the approval of the comptroller of the treasury; (5) Construction and engineering contracts entered into by the department of transportation pursuant to title 54, chapter 5; (6) Contracts for procurement of services in connection with the issue, sale, purchase, and delivery of bonds, notes and other debt obligations or the administration, safekeeping, and payment after delivery of such debt obligations by the state or any of its agencies; (7) Contracts for appraisal, relocation or acquisition services related to the acquisition of land that are entered into by the department of transportation pursuant to title 54, chapter 5; and (8) Administrative contracts for specific service signs pursuant to title 54, chapter 5, part 11, shall be awarded to the vendor who offers the lowest responsible response. The basis of all responses shall be the least cost to the retail user of the signs. All administrative contracts shall be awarded on an objective, competitive basis pursuant to rules and regulations promulgated by the department of transportation. (b) Notwithstanding subsection (a), any or all state entities exempt from the requirements of this part, as well as any private nonprofit institution of higher education chartered in this state, are authorized to procure goods or services under this chapter through the central procurement office. Amended by 2020 Tenn. Acts, ch. 794, s 2, eff. 8/1/2020. Amended by 2016 Tenn. Acts, ch. 869, s 32, eff. 7/1/2016. Amended by 2013 Tenn. Acts, ch. 403, s 9, eff. 7/1/2013. Acts 1953, ch. 163, § 31 (Williams, § 370.40); T.C.A. (orig. ed.), §§ 12-337, 12-3-131.
(a) Procurements and contracts by and for the following state governmental entities shall be exempt from the operation of this chapter: (1) The legislative branch; (2) The judicial branch; (3) The board of trustees of the University of Tennessee system, the Tennessee board of regents system, the state university boards, the Tennessee higher education commission, and the Tennessee student assistance corporation; (4) Contracts advertised and awarded by the state building commission pursuant to § 4-15-102 . If there is a question whether a contract or procurement requires state building commission or central procurement office approval, the chief procurement officer and the state architect shall determine in writing the procurement method or the contract form that is in the best interest of the state
ation; (4) Contracts advertised and awarded by the state building commission pursuant to § 4-15-102 . If there is a question whether a contract or procurement requires state building commission or central procurement office approval, the chief procurement officer and the state architect shall determine in writing the procurement method or the contract form that is in the best interest of the state. Any such agreement reached by the chief procurement officer and the state architect shall be subject to the approval of the comptroller of the treasury; (5) Construction and engineering contracts entered into by the department of transportation pursuant to title 54, chapter 5; (6) Contracts for procurement of services in connection with the issue, sale, purchase, and delivery of bonds, notes and other debt obligations or the administration, safekeeping, and payment after delivery of such debt obligations by the state or any of its agencies; (7) Contracts for appraisal, relocation or acquisition services related to the acquisition of land that are entered into by the department of transportation pursuant to title 54, chapter 5; and (8) Administrative contracts for specific service signs pursuant to title 54, chapter 5, part 11, shall be awarded to the vendor who offers the lowest responsible response. The basis of all responses shall be the least cost to the retail user of the signs. All administrative contracts shall be awarded on an objective, competitive basis pursuant to rules and regulations promulgated by the department of transportation.
(1) The legislative branch;
(2) The judicial branch;
(3) The board of trustees of the University of Tennessee system, the Tennessee board of regents system, the state university boards, the Tennessee higher education commission, and the Tennessee student assistance corporation;
(4) Contracts advertised and awarded by the state building commission pursuant to § 4-15-102 . If there is a question whether a contract or procurement requires state building commission or central procurement office approval, the chief procurement officer and the state architect shall determine in writing the procurement method or the contract form that is in the best interest of the state. Any such agreement reached by the chief procurement officer and the state architect shall be subject to the approval of the comptroller of the treasury;
(5) Construction and engineering contracts entered into by the department of transportation pursuant to title 54, chapter 5;
(6) Contracts for procurement of services in connection with the issue, sale, purchase, and delivery of bonds, notes and other debt obligations or the administration, safekeeping, and payment after delivery of such debt obligations by the state or any of its agencies;
(7) Contracts for appraisal, relocation or acquisition services related to the acquisition of land that are entered into by the department of transportation pursuant to title 54, chapter 5; and
(8) Administrative contracts for specific service signs pursuant to title 54, chapter 5, part 11, shall be awarded to the vendor who offers the lowest responsible response. The basis of all responses shall be the least cost to the retail user of the signs. All administrative contracts shall be awarded on an objective, competitive basis pursuant to rules and regulations promulgated by the department of transportation.
(b) Notwithstanding subsection (a), any or all state entities exempt from the requirements of this part, as well as any private nonprofit institution of higher education chartered in this state, are authorized to procure goods or services under this chapter through the central procurement office.
Amended by 2020 Tenn. Acts, ch. 794, s 2, eff. 8/1/2020.
Amended by 2016 Tenn. Acts, ch. 869, s 32, eff. 7/1/2016.
Amended by 2013 Tenn. Acts, ch. 403, s 9, eff. 7/1/2013.
Acts 1953, ch. 163, § 31 (Williams, § 370.40); T.C.A. (orig. ed.), §§ 12-337, 12-3-131.

## Nearby sections

- [Tenn. Code Ann. § 12-3-101 State requirements to be purchased by the central procurement office](https://www.frixlaw.com/law-library/statutes/STATE_TN_T12_C3_S12-3-101.md)
- [Tenn. Code Ann. § 12-3-102 Exempt agencies and purchases](https://www.frixlaw.com/law-library/statutes/STATE_TN_T12_C3_S12-3-102.md)
- [Tenn. Code Ann. § 12-3-103 Requirements of professional persons or groups providing fiscal agent, financial advisor, advisory or consultant services covered by this part](https://www.frixlaw.com/law-library/statutes/STATE_TN_T12_C3_S12-3-103.md)
- [Tenn. Code Ann. § 12-3-104 Transfer of equipment between departments, institutions and agencies](https://www.frixlaw.com/law-library/statutes/STATE_TN_T12_C3_S12-3-104.md)
- [Tenn. Code Ann. § 12-3-201 Chapter definitions](https://www.frixlaw.com/law-library/statutes/STATE_TN_T12_C3_S12-3-201.md)
- [Tenn. Code Ann. § 12-3-202 Long distance telephone service for students at state universities and colleges](https://www.frixlaw.com/law-library/statutes/STATE_TN_T12_C3_S12-3-202.md)
- [Tenn. Code Ann. § 12-3-301 Written acquisition plan - Data relating to purchases and purchase estimates - Amendments to acquisition plan](https://www.frixlaw.com/law-library/statutes/STATE_TN_T12_C3_S12-3-301.md)
- [Tenn. Code Ann. § 12-3-302 Bidding not to include statement that bidder willing to meet lowest bid price - Exception where negotiation permitted](https://www.frixlaw.com/law-library/statutes/STATE_TN_T12_C3_S12-3-302.md)
- [Tenn. Code Ann. § 12-3-303 Execution of contracts by executive branch state agencies - Approval by chief procurement officer - Contracts for rendering public relations, advertising or related services - Applicability to various contracts - Posting of contracts on state procurement office's website](https://www.frixlaw.com/law-library/statutes/STATE_TN_T12_C3_S12-3-303.md)
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- [Tenn. Code Ann. § 12-3-306 Registration with the department of revenue to collect and remit sales and use taxes - Development of procedures for compliance](https://www.frixlaw.com/law-library/statutes/STATE_TN_T12_C3_S12-3-306.md)
- [Tenn. Code Ann. § 12-3-307 Application of procedural and administrative accountability requirements to matching funds](https://www.frixlaw.com/law-library/statutes/STATE_TN_T12_C3_S12-3-307.md)
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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T12_C3_S12-3-102. Check the current official text before relying on it. Not legal advice.
