12-4-121 - Procedure for giving preference to Tennessee products when purchasing goods. - Tennessee Statutes

12-4-121. Procedure for giving preference to Tennessee products when purchasing goods.

(a)  Notwithstanding any other provision of law to the contrary, all departments and agencies making purchases of goods, including agricultural products, shall give preference to those produced or grown in this state or offered by Tennessee bidders as follows:

     (1)  Goods produced in this state or offered by Tennessee bidders shall equally be given preference if the cost to the state and quality are equal; and

     (2)  Agricultural products grown in this state shall be given first preference and agricultural products offered by Tennessee bidders shall be given second preference, if the cost to the state and quality are equal.

(b)  If goods, including agricultural products, produced or grown in this state or offered by Tennessee bidders are not equal in cost and quality to other products, then goods, including agricultural products, produced or grown in other states of the United States shall be given preference over foreign products if the cost to the state and quality are equal.

(c)  In this section:

     (1)  “Agricultural products” includes textiles and other similar products.

     (2)  “Tennessee bidder” means a business:

          (A)  Incorporated in this state;

          (B)  That has its principal place of business in this state; or

          (C)  That has an established physical presence in this state.

(d)  The commission and all state agencies making purchases of vegetation for landscaping purposes, including plants, shall give preference to Tennessee vegetation native to the region if the cost to the state is not greater and the quality is not inferior.

(e)  All departments and agencies procuring services shall give preference to services offered by a Tennessee bidder if:

     (1)  The services meet state requirements regarding the service to be performed and expected quality; and

     (2)  The cost of the service does not exceed the cost of other similar services of similar expected quality that are not offered by a Tennessee bidder.

[Acts 2004, ch. 473, § 1.]