Shown verbatim: the complete text as captured from the official PDF posted by the Tennessee General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the chaptered version. The official bill page.
....
.f , ~, ... l/b6l:
J
State f/Jeflll8Ssee
PUBLIC CHAPTER NO. 863
SENATE BILL NO. 2334
By Gardenhire, Hatcher, Watson; Mr. Speaker McNally; Seal
Substituted for: House Bill No. 2407
By Scarbrough, Crawford, Powers, Parkinson
AN ACT to amend Tennessee Code Annotated, Title 12, Chapter 3, Part 12, relative to construction
project delivery methods.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 12, Chapter 3, Part 12, is amended by adding
the following language as a new section:
(a) Notwithstanding another law to the contrary, a local government may use any
project delivery method that the local government determines most effectively meets the
needs of the local government for the construction of qualified local projects, if the local
government:
(1) Has a full-time purchasing agent or other full-time procurement employee
satisfactory to the comptroller of the treasury, or the comptroller's designee;
(2)(A) Has general governmental revenues of at least one hundred fifty million
dollars ($150,000,000), if the local government is a county or metropolitan
government, or one hundred twenty-five million dollars ($125,000,000), if the
local government is a municipality or other local government in the most
recent prior fiscal year; or
(B) Is approved by the comptroller, or the comptroller's designee, to
use a project delivery method pursuant to this section upon a determination by
the comptroller, or the comptroller's designee, that such use is in the best
interests of the local government;
(3) Selects the party to provide the project delivery method by means of a
competitive proposal process; and
(4) Has ordinances, rules, regulations, or policies that authorize such
competitive proposal process.
(b) As used in this section:
(1) "Competitive proposal process" means a process that, at a minimum,
includes the following:
(A) Prior to issuing a request for proposals, the local government
publicly discloses the evaluation criteria and the relative weight assigned to
each criterion used to evaluate proposals, with the criteria that are based upon
qualifications and experience being weighted so that such criteria constitute at
least a majority of the scoring criteria, as compared to pricing considerations,
and with the criteria that are based upon pricing considerations being
weighted so that such criteria constitute at least twenty percent (20%) of the
scoring criteria;
SB 2334
(8) The local government discloses the number of, and the
occupations of, the members of the selection committee prior to proposal
evaluation and maintains written conflict-of-interest disclosures for each
committee member;
(C) Promptly following selection of the highest scoring respondent, the
local government publishes on its website or procurement platform notice of
such selection and the evaluation scores and any notes by each member of
the selection committee with respect to the selected proposal;
(D) A mechanism by which a proposer may file a written protest of the
selection decision within ten (10) days of notice of such selection, with the
local government being required to issue a written response to a protest prior
to executing a contract; and
(E) The designation of all procurement documents, including the
request for proposals, evaluation criteria, scoring sheets, any written notes of
the member of the selection committee, and final contract as public records
available upon request;
(2) "Construction manager at-risk" means a project delivery method where the
construction manager, acting as the local government's general contractor, is
contracted to advise the designer and owner and to deliver a project within a
guaranteed maximum price;
(3) "Design-bid-build" means the traditional project delivery method, which
customarily involves three (3) sequential project phases, being design, procurement,
and construction, and two (2) distinct contracts for the design and construction
phases;
(4) "Design-build" means a construction project delivery method that combines
architectural and engineering design services with construction performance under
one (1) contract;
(5) "Local government" means a county, municipality, metropolitan
government, town, utility district, utility authority, local education agency, or other local
governmental entity;
(6) "Project delivery method" means any of the following construction
contracting methods:
(A) Construction manager at-ri~k;
(B) Design-bid-build; or
(C) Design-build; and
(7) "Qualified local project" means any construction project, including the
renovation of or expansion of an existing building, with an estimated cost to the local
government in excess of five million dollars ($5,000,000).
(c) This section does not limit or otherwise affect in any manner any right or authority
of any local government to undertake a procurement under any other applicable law. This
section is supplemental authority for an eligible' local government to undertake the
procurement of the construction of a qualified local project.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.
2
SENATE BILL NO. 2334
PASSED: April 13, 2026
Q .-,l-. 'fy\L '\: ~
\ • • RANDY icNALLY
SPEAKER OF THE SENATE
CAMERON SEXTON, SPEAKER
HOUSE OF REPRESENTATIVES
f:\Qr;J APPROVED this (A]~ day of 2026
••~ r.,~ -
BILL LEE, GOVERNOREvery fact on this page links to its source, starting with the official bill record.