1390-01-01-.02
Procedure
Cite as Tenn. Comp. R. & Regs. 1390-01-01-.02
(1)
All invitations to bid shall require each respondent to state whether or not such respondent, its
employees, agents, independent contractors and proposed subcontractors have been convicted of or
have pled guilty or nolo contendere to any contract crime.
(2)
In the event that the State Building Commission shall learn, in whatever manner, that any perso . n is
subject to this rule, the State Building Commission shall immediately notify such person in writing.
The notice shall advise such person
(a)
Of the nature of this rule and its application to such person;
(b)
That such person is unacceptable for employment on any contract involving a State Building
Commission project for a period of 60 days from receipt of notice;
(c)
That if such person is currently providing services to the State Building Commission under any
contract, the obligations under such contracts are not affected;
(d)
That such person may within 15 days provide to the State Building Commission such
information and state. ments as such person desires the State Building Commission to consider
in determining whether such person should be debarred from contracting with the state on State
Building Commission projects and the length of the debarment to be imposed under this
Chapter;
(e)
That such person within sixty (60) days request a hearing before the State Building Commission
to show cause why such person should not be debarred from employment on any contract on any
State Building Commission project or to present evidence for consideration by the State
UNACCEPTABILITY FOR EMPLOYMENT ON STATE
CHAPTER 1390-1-1
BUILDING COMMISSION PROJECTS
Building Commission as to the length of the debarment to be imposed hereunder. An expedited
hearing shall be held within a reasonable time with the Uniform Administrative Procedures Act,
as amended, Section 4-5-101, et seq., used as a guideline for questions of procedure and
admissibility of evidence, with the period of unacceptability set out in Rule 1390-1-1-.02(b) (2)
being extended until such time as the State Building Commission or a Court having proper
jurisdiction rules otherwise; and
(f)
Of the length of debarment which will automatically be imposed for failure to comply with
either of the procedures outlined in Rule 1390-1-1-.02(b)(4) and (5).
(3)
The State Building Commission shall conduct such investigation as it shall deem necessary and proper
and shall in any event consider any information and statements submitted.