54-1-135 - Transportation system failure. - Tennessee Statutes

54-1-135. Transportation system failure.

(a)  In the event of a transportation system failure, an imminent threat of a failure, or other emergency that the commissioner reasonably believes would present a hazard to the traveling public or a significant delay in transportation, then the commissioner shall have the authority to enter into contracts narrowly tailored to remedy the actual or imminent failure or other emergency by one of the following methods:

     (1)  When conditions allow, bids will be taken at a special letting. The commissioner is authorized to waive any provisions of this title related to bidding to effectuate this special letting including advertisement, time periods and notice; or

     (2)  If the commissioner determines that the failure, threatened failure, or other emergency requires immediate attention, then the commissioner may enter into a contract through noncompetitive selection of a prequalified contractor available to undertake the repairs immediately.

(b)  In the event the commissioner enters into a contract under this section, the commissioner shall provide immediate written notice to the commissioner of finance and administration and to the comptroller. Within thirty (30) days of the commissioner entering into a contract under this section, copies of all bids and supporting documentation shall be filed with the fiscal review committee.

[Acts 2004, ch. 603, § 1.]