62-6-119 - Bid documents Required disclosures by bidders. - Tennessee Statutes

62-6-119. Bid documents Required disclosures by bidders.

(a)  Any person or entity preparing plans, specifications or any other documentation for inclusion or consideration in an invitation to bid or comparable bid document shall include a copy of this part, at least by reference and a specific statement informing the invited bidder that it is necessary for the bidder to provide evidence of a license in the appropriate classification before the bid may be considered.

(b)  Any person or entity involved in the preparation of the invitation to bid or comparable bid documents shall direct that the name, license number, expiration date of the license and license classification of the contractors applying to bid for the prime contract and, for the electrical, plumbing, heating, ventilation and air conditioning contracts and for each vertical closed loop geothermal heating and cooling project, the company name, Tennessee department of environment and conservation license number, classification (G, L or G,L) and the expiration date, appear on the outside of the envelope containing the bid except when the bid is in an amount less than twenty-five thousand dollars ($25,000). When the bid is less than twenty-five thousand dollars ($25,000), the name of the contractor only may appear on the outside of the envelope containing the bid; and upon opening the envelope, if the bid is in excess of twenty-five thousand dollars ($25,000), the bid shall automatically be disqualified. Only one (1) contractor in each classification may be listed. Prime contractor bidders who are to perform the electrical, plumbing, heating, ventilation and air conditioning or the geothermal heating and cooling must be so designated upon the outside of the envelope. Failure of any bidder to comply shall void the bid and the envelope containing the bid shall not be opened or considered. It is the duty and responsibility of the awarding person or entity that received the envelope containing the bid to verify only the completeness of the required licensure information prior to the opening of the envelope. Prior to the opening of the envelope, the names of all contractors listed on the envelope shall be read aloud at the official bid opening and incorporated into the bid. Prior to awarding a contract, the awarding person or entity and its authorized representatives shall verify the accuracy, correctness and completeness of the information required by this subsection (b). The failure of any bidder to comply with all of the provisions of this subsection (b) shall automatically disqualify the bid. However, bids administered by the Tennessee department of general services shall require that the information be furnished within the bid or bid document and need not appear on the envelope.

(c)  Any person or entity, public and private, failing to observe this section shall be penalized in the same manner as any person under § 62-6-120 who accepts a bid from a person who is not licensed in accordance with this part.

(d)  A violation of this section is a Class A misdemeanor.

[Acts 1976, ch. 822, § 20; T.C.A., § 62-620; Acts 1986, ch. 718, § 2; 1989, ch. 591, § 111; 1990, ch. 868, §§ 1, 2; 1991, ch. 247, § 1; 1994, ch. 986, § 13; 1995, ch. 341, § 1; 1997, ch. 153, § 1; 2001, ch. 222, § 3; 2008, ch. 792, §§ 1, 2.]