12-3-107 - Rules and regulations.
12-3-107. Rules and regulations.
The commissioner of general services has the power and shall be required to adopt and submit to the board of standards for approval rules and regulations for the following purposes:
(1) Prescribing the manner in which supplies, materials, and equipment shall be purchased, delivered, stored and distributed, not inconsistent with the provisions of this chapter;
(2) Requiring periodic reports by departments, institutions and agencies of state government of stocks of supplies, materials, and equipment on hand and prescribing the form of such reports;
(3) Prescribing the dates for making requisitions and estimates, the periods for which they are to be made, the form thereof, and the manner of authentication;
(4) Prescribing the manner of inspecting all deliveries of supplies, materials, and equipment and of making chemical and physical tests of samples submitted with bids, and sample deliveries to determine whether deliveries have been made to departments, institutions, and agencies in compliance with specifications;
(5) Providing for the transfer of supplies, materials, and equipment, which are surplus, from one state department, institution, and agency to another which may need them, and for the disposal by private and public sale of supplies, material, and equipment which are obsolete and unusable, or surplus;
(6) Providing for establishing a procedure to distribute state surplus property through the state and federal property utilization division to local governments, their agencies and eligible federal property donees;
(7) Requiring that the purchaser pay the state a reasonable price established by the commissioner;
(8) Prescribing the departmental procedure for the handling and processing of specifications, estimates, requisitions, invitations to bids, bids, and all reports made and required to be made to the department;
(9) Prescribing the manner in which bidders may qualify and show responsibility in compliance with the provisions of this chapter;
(10) Prescribing procedures for bidding on lease-purchase contracts and multi-year contracts for the rental of personal property;
(11) Prescribing procedures that provide for and regulate the advertisement, bidding, and letting of state contracts that include escalator clauses;
(12) Providing for any other matters that may be necessary to give effect to the foregoing rules and the provisions of this chapter;
(13) Subject to the approval of the board of standards to amend, modify, or repeal any or all rules and regulations so adopted and approved;
(14) Resolving controversies concerning protests of qualification of bidders, suspension from bidding, and invitation to bid, and stay of award prior to actual award;
(15) Prescribing procedures for conducting discussions and negotiations, particularly with respect to participants and safeguarding of information, in the case of multi-step sealed bidding and competitive negotiation;
(16) Prescribing procedures to be followed in making data available to bidders; and
(17) Prescribing procedures to be followed by using agencies in requisitioning goods and/or services through the department.
[Acts 1953, ch. 163, § 18 (Williams, § 370.27); modified; impl. am. Acts 1959, ch. 9, § 5; impl. am. Acts 1961, ch. 97, § 5; impl. am. Acts 1972, ch. 543, § 7; Acts 1973, ch. 320, § 4; 1976, ch. 776, §§ 1, 2; T.C.A. (orig. ed.), §§ 12-333, 12-3-132; Acts 1981, ch. 332, § 16; 1987, ch. 337, § 17.]