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Policy Number: 
4.05.01.01
Policy/Guideline Area: 
Business and Finance Policies
Applicable Divisions: 
TCATs, Community Colleges
Purpose: 

The purpose of this policy is to establish Tennessee Board of Regents policy regarding inventory methods for libraries in the TBR System.

Policy/Guideline: 
  1. Inventory Method
    1. In the Tennessee Board of Regents libraries, collections vary significantly in size and in the type of material contained; consequently, the mandate of a specific or uniform inventory method for all of the libraries to follow is not appropriate. The cost of conducting a systematic inventory of book stock and other library materials is also an important management consideration in TBR libraries.
      1. A full or partial inventory or census may be conducted annually to meet TBR requirements for materials accountability, and to meet the guidelines of internal accounting and administrative control that are cited in the Financial Integrity Act (T.C.A. § 9-18-102).
      2. If a TBR library chooses to do an inventory, one of the two following methods should be used:
        1. A partial inventory that covers the entire collection over a two to five-year period; or
        2. An annual or biennial book census using a reliable sampling technique derived from an authoritative statistics textbook that explains how to do standard deviation calculations.
      3. In order to meet the guidelines of internal accounting and administrative control that are cited in the Financial Integrity Act, TBR libraries not choosing to do an inventory must annually report to their institutions the numbers of library materials withdrawn from their collections.
Sources: 

Authority

T.C.A. §§ 49-8-203, 9-18-102

History

TBR Meeting, June 30, 1989; April 2, 2004; September 28, 2007.

Policy Number: 
4.04.01.50
Policy/Guideline Area: 
Business and Finance Policies
Applicable Divisions: 
TCATs, Community Colleges
Purpose: 

The purpose of this policy is the establishment of the process and procedures regarding revenues received from campus concessions at institutions governed by the Tennessee Board of Regents.

Policy/Guideline: 
  1. Revenues from Campus Concession
    1. The institutions governed by the Tennessee Board of Regents shall consider revenue received from campus concessions as unrestricted revenue.
    2. Any contract between the institution and any external agency to the institution is to be awarded on the basis of any method provided under TBR Purchasing Policy.
    3. Any award of concessions to agencies internal to the institution shall be awarded on the basis of proposals presented to the institution and eligibility to present proposals will not be limited to any specific internal agency.
Sources: 

Authority

T.C.A. § 49-8-203

History

TBR Meetings, August 17, 1973; September 30, 1983; September 28, 2007.

Policy Number: 
4.03.03.50
Policy/Guideline Area: 
Business and Finance Policies
Applicable Divisions: 
TCATs, Community Colleges
Purpose: 

This policy is established by the Tennessee Board of Regents in recognition of the unique characteristics associated with travel by athletic personnel and teams and other groups at the institutions governed by the Board. The purpose of the policy is to address practical considerations for travel related specifically to the performance of intercollegiate athletic recruiting, athletic team travel, and other student group travel. The policy shall apply only to these functions; travel for other purposes by athletic personnel and other non-student groups shall be subject to Tennessee Board of Regents General Travel Policies and Procedures (No. 4:03:03:00) and institutional policies and guidelines. All travel will be reimbursed subject to TBR Policy No. 4:03:03:00 unless a specific exception is provided below. In addition, each institution shall comply with all pertinent regulations of the National Collegiate Athletic Association or the National Junior College Athletic Association and the athletic conference of which the institution is a member.

Each institution shall develop and enforce guidelines for athletic and other group travel consistent with the provisions of this policy. Institutional guidelines should include working procedures and be presented in such detail as to ensure thorough understanding of the provisions by all affected personnel.

Policy/Guideline: 
  1. Athletic Recruiting
    1. Travel Advances
      1. Travel advances should be made consistent with the Tennessee Board of Regents General Travel Policies and Procedures.
      2. In addition, temporary or permanent travel advances may be made to staff members engaged in recruiting when such advances are approved by the president or designee.
    2. Reimbursement Rates - Courtesy Vehicle
      1. If a staff member has a "courtesy vehicle" due to their association with the institution, the maximum rate allowed will be the rate allowed under the Tennessee Board of Regents General Travel Policies and Procedures, less the portion of the IRS business standard mileage rate treated as depreciation.
    3. Approval for Travel
      1. The following are subject to prior approval by the president or designee:
        1. Blanket travel authorization for scouting or recruiting; and
        2. The travel of visitors and guests at institutional expense for any occasion related to recruiting.
    4. Guest Meals
      1. The actual cost of guest meals may be claimed when incurred by a staff member for recruiting purposes.
      2. Such claims must be submitted in appropriate detail.
      3. Receipts are required.
    5. Student Recruits
      1. Staff members are responsible for compliance with pertinent NJCAA, and conference rules regarding student recruits.
      2. Arrangements may be made for lodging in local hotels, and, with the approval of the athletic director or designee may be charged to the athletic department.
      3. Campus dining services may be arranged and costs may be charged to the athletic department. Also, staff members may be reimbursed at cost for off-campus meals, with reasonable and customary gratuities allowed. Receipts must accompany claims.
      4. Transportation may be arranged through a local travel service and charged to the athletic department with the approval of the athletic director or designee. Automobile mileage may be reimbursed to a student recruit at the maximum rate allowed under the Board of Regents General Travel Policies and Procedures for the use of a personal vehicle.
      5. Entertainment expenses may be reimbursed at cost within NCAA, NJCAA, and conference rules.
  2. Travel
    1. Institution officials and guests of the institution who accompany the team or student groups on trips must be approved in advance by the president or designee.
    2. In all cases, team and group transportation will be arranged through established institutional procedures, and travel itineraries are to be arranged in advance.
      1. Documentation must be maintained in the athletic or other appropriate departments or offices indicating that various cost alternatives have been explored before making all arrangements and reservations.
    3. A roster of all individuals on a particular trip must be included with the itinerary documentation for proper accounting and auditing purposes and filed with the travel claim.
    4. Travel advances in the amount of 100% of the estimated trip expenses may be allowed.
      1. One person from the athletic department or coach staff member who is familiar with the travel regulations will be responsible for the advance and all bills connected with team or group travel.
    5. Receipts are required for all team or group travel expenses consistent with TBR Policy No. 4:03:03:00.
    6. Actual lodging expenses will be reimbursed.
      1. Documentation must be maintained in the athletic department or other appropriate department or office indicating that various cost alternatives have been explored before making all arrangements and reservations.
    7. Miscellaneous expenses, such as movies while on trips, must be supported by receipts.
      1. Telephone calls by staff members for business purposes may be claimed with documentation consistent with TBR Policy No. 4:03:03:00.
    8. Individual meals associated with team or group travel will follow the Board of Regents General Travel Policies and Procedures.
    9. All team or group meals and snacks will be reimbursed at actual cost.
      1. Gratuities not to exceed reasonable and customary rates are allowed.
      2. Appropriate documentation and receipts are required.
    10. All travel claims and requisitions for team or group travel must be approved in writing by the appropriate approving authority.
  3. Other Group Travel
    1. Travel by student groups or other groups of participants in programs or activities of the institution may be reimbursed under the same provisions as included in Section II above.
    2. Travel by student groups or other groups of participants in programs or activities of the institution should be addressed by specific institutional guidelines which describe the approval process, discussion of possible liability issues and requirement of waivers/releases of liability by the student if appropriate.
      1. Sample waivers/releases and a discussion of liability issues have been provided by the Office of the General Counsel and should be on file in the offices of student and academic affairs.
      2. A waiver/release is not appropriate for travel that is required as part of an academic program.
  4. Exceptions
    1. The Chancellor or designee may approve exceptions to the requirements of this policy in appropriate cases.
Sources: 

Authority

T.C.A. § 49-8-203

History

TBR Meeting March 23, 1984; TBR Meeting June 29, 1990; June 29, 2007; Revised December 11, 2014; Revised at Board Meeting March 21, 2019.

Policy Number: 
4.03.03.00
Policy/Guideline Area: 
Business and Finance Policies
Applicable Divisions: 
TCATs, Community Colleges, System Office, Board Members
Purpose: 

The following policy applies to the travel of all employees of the institutions governed by the Tennessee Board of Regents, as well as members of the Board staff, in the performance of their official duties. Provisions of this policy also may apply to individuals other than employees who are authorized to travel at institutional, or Board expense. Specific provisions of the policy also address the travel of Board members, pursuant to T.C.A. § 4‑3‑1008. Authorization for travel will not be granted and expenses will not be reimbursed unless the travel is made and reimbursement claimed in accordance with this policy and any approved exceptions hereto. Procurement cards may be used for the payment of hotels, registration fees and airlines. Procurement cards may not be used for meals, incidentals incurred during actual travel time except in instances of team/group travel. Procurement cards may not be used for personal expenses.

This policy and specific reimbursement rates for travel expenses allowed under this policy shall be consistent with those of the Comprehensive Travel Regulations of the State of Tennessee. Exceptions which may be deemed necessary and approved by the Board shall be submitted for consideration by appropriate State officials. Current reimbursement rates shall be issued by the Chancellor as an addendum to this policy.

All travel must be consistent with the educational, research, and professional needs of the TBR System. Employees must conduct all travel with integrity, in compliance with applicable laws, policies, and procedures, and in a manner that excludes considerations of personal advantage. Employees must exercise good judgment and conduct all aspects of travel in a cost-efficient manner.

Policy/Guideline: 
  1. General Provisions
    1. No authorization for travel by any employee shall be granted, and no reimbursement for travel expenses shall be made, except in accordance with the provisions of these policies and procedures. Reimbursement for travel expenses shall be limited to expenses incurred upon travel authorized in advance in accordance with Section II.
    2. Travel which may be authorized, and pursuant to which expenses may be reimbursed, shall be limited to the following:
      1. Travel which is necessary for the proper execution of official System business, or in justifiable pursuit of an institution's educational and research objectives; or
      2. Travel to meetings and conferences of a professional nature which will increase the attending employee's usefulness to the System.
    3. Travel shall not include, and no reimbursement for expenses shall be made for, transportation in connection with an employee's official station of employment. The employee's "official station" is their regular area of employment activity, e.g., office headquarters, campus, or designated location of an employee established in the field.
      1. The official station of an employee shall be designated by the appointing authority.
      2. It is normally expected that the official station is that location at which the employee spends greater than 50% of their working time.
      3. For an employee required to be on call (as determined by their job description), either overnight or on weekends, the official station of the employee while on call becomes their residence, or the location at which the employee receives the call.
      4. Reimbursable mileage begins at the location at which the employee receives the call.
    4. The employee is considered to be on official travel status, and as such, eligible for reimbursement of travel expenses, at the time of departure from the employee's official station or residence, whichever is applicable, for the purpose of traveling on state business.
      1. Expenses for meals will be allowed when overnight travel is required outside the county of the employee's official station or residence.
      2. En route lodging will be allowed for only one day each way on trips of long duration.
      3. Expenses for lodging will only be allowed in cases where the approved and most direct or expeditious mode of travel will require more than ten (10) hours of continuous travel for trips of long duration.
      4. The lodging expense will not be considered en route lodging if it does not add an additional day of lodging expense.
        1. For example: An employee has a 9:00 a.m. meeting in Atlanta, GA. Assume the employee needs to work a full day prior to the trip. It would be less expensive and more convenient to drive rather than fly. The employee leaves the night before and drives to within two hours of Atlanta. Then the employee spends the night, continues the drive the next morning and arrives for the 9:00 a.m. meeting. This will be reimbursed but is not considered en route lodging as it did not add an additional day of lodging expense to the normal travel expenses.
    5. The limitations on travel expenses contained herein are maximum amounts above which reimbursement shall not be made. Employees are expected to be as conservative as possible in incurring travel expenses.
    6. With the exception of the per diem allowance for meals and incidentals, reimbursement for travel expenses shall only be allowed for actual expenses incurred, subject to the maximum limitations shown on the Addendum.
      1. Receipts must accompany claims for reimbursement for any exceptions where expenses exceed the amount cited on the Addendum.
      2. Receipts are not required for meals, taxi fares, tolls and ferry fees.
      3. Lodging receipts are required and must itemize room charges and taxes.
      4. No expenses shall be reimbursed until after travel has been completed, unless authorized by the president for employees of the institution, or the chancellor for employees of the Board.
    7. Internet travel sites such as Expedia, Travelocity or Kayak can be utilized to purchase single travel services such as an airline ticket. Internet travel sites cannot be used to purchase a package of more than one travel service. Purchases of travel packages that combine services such as lodging, airline, or vehicle rentals are not allowed. These package deals do not usually provide sufficient itemized pricing for each service purchased and therefore do not allow for proper comparison to CONUS or conference rates as required by policy.
  2. Authorization of Travel
    1. Approving Authorities
      1. The president or designees shall have authority to approve travel by employees of the various institutions.
      2. The Chancellor or designees shall have authority to approve travel by employees of the Board.
      3. Authorization for travel by a student, regardless of the destination, shall be approved by the president of the institution or designee.
    2. In‑State Travel
      1. All employees are authorized for in-state travel where overnight travel and conference fees are not involved. No additional written or verbal authorizations is required. The president or chancellor may designate exceptions to the authorization.
      2. Written authorization for in‑state travel where expenses associated with overnight travel and/or conference fees will be incurred should be obtained.
      3. Employees whose employment requires frequent in‑state overnight travel may obtain blanket authorization in writing for such travel.
    3. Out‑of‑State Travel
      1. All employees must obtain prior written authorization for out‑of‑state travel, which must be approved by the employee's appropriate approving authority.
      2. The authorization must show the name of the person traveling, purpose of the trip, destinations, date of departure and return, mode of transportation, estimated expenses, and availability of funds.
      3. If, in the normal course of official business, the employee must routinely travel into another state and back in the same day, such travel will be considered in-state travel and shall be subject to the in-state travel provisions.
    4. All Other Travel
      1. Authorization for travel by an employee to Alaska, Hawaii, and all out-of-country travel shall be subject to approval by the president or designee.
      2. Authorization for travel to Alaska, Hawaii, and all out-of-country travel by the president shall be subject to approval by the Chancellor or designee.
  3. Transportation
    1.  General
      1. All travel must be by the most direct or expeditious route possible and any employee who travels by an indirect route must bear any extra expense occasioned thereby.
      2. When work is performed by an employee in route to or from the official station, reimbursable mileage is computed by deducting the employee's normal commuting mileage from the actual mileage driven in performing the work in route to or from the official station.
        1. For example, if an employee normally commutes 10 miles (20 miles round trip), and performs work on the way home from the official station which results in 12 miles driven, the mileage reimbursement will be for 2 miles only, as that is the amount of mileage in excess of the employee's normal commute.
        2. In no instance shall mileage claimed for reimbursement exceed actual miles traveled.
    2. Mode of Transportation
      1. Transportation for employees traveling singly should be by common carrier (air, train, or bus) whenever practical.
      2. The use of air travel is recommended when time is an important factor or when the trip is so long that other methods of travel would increase the subsistence expense.
      3. Automobile transportation may be used to save time when common carrier transportation cannot be satisfactorily scheduled, or to reduce expenses when two or more employees are making the trip.
      4. Reimbursement for personal vehicle use may be claimed at the lesser of the standard mileage rate or comparable cost of commercial transportation including taxi fares and/or limousine charges.
    3. Common Carrier Travel
      1. When travel is by common carrier, the fare must not exceed the standard coach fare charged the general public, and advantage must be taken of round trip rates when available.
      2. The employee's copy of the ticket, or an acceptable receipt, must be submitted for reimbursement of common carrier expenses.
      3. Baggage Fees will be allowed when necessary. A receipt is required for reimbursement.
      4. Charges for trip insurance are not reimbursable. The State of Tennessee is self-insured and does not purchase separate insurance, and therefore will not reimburse for insurance purchases made for trips.
    4. Chartered Aircraft
      1. Generally, faculty and staff (including group travel and athletics) whose duties require travel will use commercial ground and air carriers or an institutional automobile.
      2. However, a chartered aircraft may be used if time and/or distance preclude ground travel or if a commercial air service is either unavailable or does not meet the needs of the traveler(s).
      3. The following guidelines apply:
        1. The chief executive officer of each institution shall assign the following duties to a responsible official:
          1. Reviewing and approving requests for charter air services;
          2. Scheduling charter flights; and
          3. Informing those who request charter flights of the charter company’s policy on canceling scheduled flights.
        2. Charter services will be obtained only when it can be shown that the charter does not exceed the sum of all traveling costs by commercial carrier (e.g. transportation, meals, and lodging) or that circumstances necessitate travel when no other means is available.
        3. The charter company must provide the institution with an original, itemized invoice showing the beginning and ending dates of the charter, the origin and destination of each flight, and the names of passengers on each flight.
    5. Automobile Travel
      1. When travel by automobile is appropriate, employees may use state‑owned automobiles whenever available and feasible. However, state‑owned vehicles should be used only on official business.
        1. State Owned Automobiles
          1. When transportation is by a state‑owned automobile, tolls, parking, gasoline and storage expenses are allowable.
          2. When using motor pool automobiles, employees will be furnished with courtesy cards for purchase of gasoline, oil, and other automobile services, and such expenses should not be claimed by employees as travel expenses.
          3. Emergency out-of-pocket expenses, such as towing or emergency repairs, will be reimbursed but must be accompanied by proper receipt identifying the automobile and itemizing the services.
          4. Such expenditures must be of an emergency nature when immediate service is required and access to a state facility is not possible.
          5. Major repairs should be approved by campus officials prior to work being performed. Such expenditures are allowed but should be filed for reimbursement separately.
        2. Personally-Owned Automobiles
          1. Mileage reimbursement rates are provided on the Addendum.  
          2. The authorized mileage allowance includes all operating expenses such as gas, oil, and repairs precluding any separate claim for such items.
          3. Employees may use reputable websites to determine point-to-point and/or vicinity mileage.
          4. Commuter Mileage
            1. Procedures for calculating mileage are based on the fact that the State is prohibited from reimbursing employees for normal commuting mileage.
            2. If an employee begins or ends a trip at their official station, reimbursable mileage will be the mileage from the official station to the destination.
            3. If work is performed by an employee in route to or from their official station, reimbursable mileage is computed by deducting the employee’s normal commuting mileage from the actual mileage driven.
            4. If an employee begins or ends a trip at their residence without stopping at their official station, reimbursable mileage will be the lesser of the mileage from the employee’s residence to the destination or their official station to the destination. On weekends and holidays, the employee may typically be reimbursed for actual mileage from their residence to the destination.
            5. If an employee travels between destinations without returning to their official station or residence, reimbursable mileage is the actual mileage between those destinations.
        3. The travel claim must indicate the employee's itinerary and must show the official business mileage.
          1. Business mileage as indicated by the official state map or reputable websites, and that published by Rand‑McNally or reputable websites for out‑of‑state routes will be regarded as official.
          2. Vicinity mileage must be reported on a separate line and not included with point‑to‑point mileage. Only mileage on official business may be claimed.
        4. Necessary charges for hotel and airport parking will be allowed.
    6. Limousine and Taxi Service
      1. When travel is by common carrier, reasonable limousine and taxi fares will be allowed for necessary transportation.
      2. Bus or limousine service to and from airports will be used when available and practical.
      3. After arrival at destination, necessary taxi fares for traveling between hotels or lodging and meeting or conference will be allowed.
      4. No receipt is required for reimbursement of reasonable taxi fares.
    7.  Car Rentals at Destination
      1. Charges for automobile rental shall be allowed whenever it is more economical than alternative methods of transportation or it is the only practical means of transportation.
      2. Car Rental Insurance Reimbursement:
        1. Charges for insurance for rented automobiles that are to be operated solely inside Tennessee are not reimbursable.
        2. If an employee is required to rent an automobile that will be operated for business purposes outside Tennessee or the United States, rental charges for insurance may be reimbursed. 
      3. Whenever possible, employees should refuel before returning vehicles.
    8. Tolls and Ferry Fees
      1. Reasonable tolls and ferry fees will be allowed when necessary.
      2. No receipt is required for reimbursement of tolls and ferry fees.
    9. Daily Parking Fees
      1. Daily parking fees for those employees working in downtown offices will not be allowed.
      2. If an employee is required to leave their office on official business and later returns the same day, the actual additional charge required to park will be reimbursed up to the maximum indicated (see Addendum).
      3. Those employees required to utilize commercial parking facilities in the daily performance of duties, or while on travel status, will be allowed reimbursement for actual costs.
      4. Receipt is required if the fee exceeds the maximum indicated per day (see Addendum).
    10. Unnecessary meals and lodging expenses which are occasioned by the use of an automobile for reasons of the employee's personal convenience, or which are due to travel by an indirect route, will not be allowed.
    11. If travel is by common carrier, the employee will be reimbursed for expenses in traveling to and from the common carrier including related parking expenses.
      1. Receipts must be furnished on airport and hotel parking exceeding maximum parking allowance in Addendum.
  4. Lodging
    1. In‑State Lodging
      1. Lodging expenses incurred within the state while on authorized travel will be reimbursable to the maximum shown on the Addendum.
    2. Out‑of‑State Lodging
      1. Lodging expenses incurred out of the state while on authorized travel will be reimbursable to the maximum shown on the Addendum.
      2. The maximum reimbursement rates for out-of-state travel are the same as those maintained by the U. S. General Services Administration for federal employees within the continental United States (CONUS).
      3. The CONUS list, available on the General Services Administration web site, contains a standard reimbursement rate for lodging and meals and incidentals, and several pages of exceptions.
      4. Most destinations for out-of-state travel fall within the list of exceptions.
      5. En route lodging will be allowed for only one day each way on trips of long duration.
        1. En route lodging will only be allowed in cases when the approved and most direct or expeditious mode of travel will require more than ten (10) hours of continuous travel. (Refer to Section I.D.2-4 for explanation of en route lodging expenses.)
    3. Out of Country Lodging
      1. Lodging expenses incurred while out of the country will be reimbursed at actual expenses with receipts.
    4. Additional Lodging Expenses
      1. Sales taxes on lodging costs will be reimbursable.
      2. Higher rates for lodging at the location of a convention or conference will be allowed, without special approval, up to the amount indicated in the convention or conference brochure or conference website.
      3. Miscellaneous lodging expenses, such as required resort fees and energy or utility surcharges are fully reimbursable and should be added to the lodging costs, in a manner similar to local hotel or sales taxes. 
      4. Additional lodging for presidents will be approved on the same basis as approval is granted for other employees. Any exceptions must be approved by the Chancellor.
      5. The convention or conference brochure which indicates the lodging rates must be included with the travel claim. Otherwise, reimbursement will be limited to the applicable lodging rate as provided in these regulations.
    5. Shared Lodging
      1. In the event of double occupancy for state employees on official travel, both employees should attach an explanation to his/her travel claim detailing dates and other employees with whom the room was shared.
      2. The lodging cost may be claimed by the employee who incurred the cost, or one half the double occupancy charge may be allowable for each employee.
      3. If a room is shared with other than a state employee, actual cost subject to the maximum in the Addendum will be allowed.
      4. The receipt for the entire amount should be submitted with the expense account.
  5. Meals
    1.  In‑State and Out‑of‑State Meals
      1. Meals while on authorized travel will be reimbursed, subject to the meal allowance provided on the Addendum.
      2. The maximum per diem rates include a fixed allowance for meals and for incidental expenses (M&I).
      3. The M&I rate, or fraction thereof, is payable to the traveler without itemization of expenses or receipts.
      4. Incidentals are intended to include miscellaneous costs associated with travel such as tips for baggage handling, phone calls home, etc.
      5. The M&I rates for out-of-state travels are the same as those for federal employees, and are available on the General Services Administration’s web site.
      6. As with lodging, there is a standard rate for the continental United States (CONUS), and a list of exceptions.
      7. Reimbursement for meals and incidentals for the day of departure shall be three-fourths of the appropriate M&I rate (either the in-state rate or CONUS rate for out-of-state travel) at the rate prescribed for the lodging location.
      8. Reimbursement for M&I for the day of return shall be three-fourths of the M&I rate applicable to the preceding calendar day.
      9. To assist in this calculation, the following table lists partial per diem rates for meals and incidentals for in-state and out-of-state travel.
        Per Diem Rates Three-Fourths Calculations
        $59 $44.25
        $64 $48.00
        $69 $51.75
        $74 $55.50
        $79 $59.25
      10. The following table may be used to determine reimbursement for a single meal, when appropriate. Reimbursement for meals will not be permitted when overnight travel is not involved.
        In-State and Out-of State of Tennessee
        Meals and Incidental – Allocated by Meal
      11. Revisions to the tables above and below that are required solely by changes in CONUS rates will not be subject to Board approval

        Per Diem

        $59 $64 $69 $74 $79
        Breakfast $13 $14 $16 $17 $18
        Lunch $15 $16 $17 $18 $20
        Dinner $26 $29 $31 $34 $36
        Incidentals $5 $5 $5 $5 $5
    2. Out of Country Meals
      1. Out of Country meals are reimbursed at actual expense with receipts. If no receipts are provided, the maximum rate will be the maximum CONUS rate of Out-of-State travel.
    3. Official Banquets
      1. When the expenses for an official banquet of a meeting or conference are in excess of the meal allowance, the excess will be allowed provided a receipt or proper explanation of the charge is submitted.
    4. Business Meals
      1. See Policy 4.07.00.00 for criteria on reimbursing business meals.
  6. Miscellaneous Expenses
    1. Personal Expenses
      1. Expenses for entertainment (employee or others), laundry, tips and gratuities, etc., are personal expenses and will not be reimbursed in excess of the incidental portion of the M&I rate.
    2. Telephone, Internet and Fax Expenses
      1. Charges for long distance telephone calls, internet, and/or fax on official business will be allowed.
      2. Charges for necessary local calls on official business will be allowed.
    3. Registration Fees
      1. Registration fees for approved conferences, conventions, seminars, meetings, etc., will be allowed including cost of official banquets and/or luncheons, if authorized in advance by the appropriate approving authority, and provided receipts are submitted with the travel claim.
    4. Handling Fees
      1. Fees for the handling of equipment or promotional materials will be allowed up to the maximum indicated (see Addendum).
  7. Claims
    1. The standard form for claims for travel expenses approved by the President, or Chancellor shall be used for reimbursement of expenses.
      1. The form must show movement and detail of expenses on a daily basis, be signed by the employee, and be approved by the appropriate approving authority prior to reimbursement.
      2. Signatures on travel claims must be original or electronic in accordance with TBR policy. Where adequate controls have been implemented to minimize risks associated with travel claim (such as the risk that duplicate claims will be submitted or alterations made to the original claim subsequent to approval by approving authority), travel claims may be submitted for payment electronically via email.
      3. Receipts for appropriate expenses must be submitted with the claim for reimbursement.
      4. Expenses for books, supplies, postage, and other items that do not constitute actual traveling expenses should not be included in the claim form.
      5. Claims for reimbursement for travel expenses should be submitted no later than forty-five (45) days after completion of the travel.
  8. Travel Advances
    1. General
      1. Normally travel expenses should be paid when incurred by an employee, with reimbursement made to the employee for actual expenses upon proper submission of a claim for travel expenses.
      2. Permanent or temporary travel advances to employees for anticipated travel expenses may be made when authorized by the approving authority.
      3. All travel advances must be approved by the president designee for employees of the institutions, and the Chancellor for employees of the Board.
    2. Permanent Travel Advances
      1. When an employee has blanket travel authorization, and is expected to travel the major portion of each month, the employee may be placed upon permanent travel status.
      2. Upon determination of the employee's estimated monthly expenses, if such expenses exceed $100, the employee may be provided with a single advance in an amount sufficient to cover such expenses for one month, provided such amount may not exceed half of the employee's monthly salary.
      3. Subsequent to the initial advance, the employee shall submit appropriate claims and be reimbursed as heretofore provided, with any unused portion of the advance to be returned upon termination of the employee's permanent travel status.
    3. Temporary Travel Advances
      1. When temporary travel is authorized for an employee, the employee may receive an advance, provided a request for the advance, including estimated expenses, is submitted to the appropriate approving authority with the request for written authorization for the travel, and is approved.
      2. An amount equal to 80% of the estimated out of pocket expenditures will be allowed as an advance, however, no advance less than $100 will be made.
      3. Students traveling under individual authorizations or an employee traveling with a student or students who is responsible for disbursing all funds for the trip may be advanced 100% of the amount of the authorization.
    4. Payroll Deduction Authorization
      1. Each employee receiving a permanent or temporary travel advance for the first time must sign a payroll deduction authorization form which will allow the State to recover the advance from any salary owed the employee in the event of termination of employment or failure to submit a travel claim.
      2. This deduction from payroll should be used as a last resort only in the event all other efforts to collect the advance have failed.
    5. Expense Claim
      1. Upon return, the employee should submit an expense claim detailing actual expenditures. This claim should show the total expenses incurred.
      2. The advanced amount should be subtracted from this total.
      3. A voucher should then be prepared requesting the additional amount due the employee.
      4. No advance should exceed actual expenses. If this does happen, however, the excess should be returned by the employee to the business office for deposit as a credit against the original advance with proper distribution being made of the actual expenses incurred.
      5. In the latter instance, the expense account claim should be forwarded to the business office with notification to file it with the advance request.
    6. Non-business Expenses
      1. You are eligible for reimbursement of travel expenses if your trip was entirely business related.
      2. If your trip was primarily for business and, while at your business destination, you extended your stay, made a personal side trip, or had other personal activities, you can obtain reimbursement for only your business related travel expenses.
      3. These expenses include the travel costs of getting to and from your business destination but do not include additional lodging, parking, and per diem for the days not required for the business travel.
      4. Additional days are not considered business related unless they are necessary to provide rest or sleep required for you to properly perform your duties.
  9. Exceptions
    1. General
      1. The Chancellor shall have the authority to grant exceptions to any part or all of the provisions of this policy when deemed appropriate and necessary; however, any exception directly affecting the Chancellor must be approved by the Vice Chair of the Board.
      2. The Chancellor delegates to the presidents the authority to grant exceptions to any part or all of the provisions of this policy in individual instances when deemed appropriate and necessary; however, any exception directly affecting presidents must be approved by the Chancellor or designee.
      3. Two areas of standing exceptions to the policy are provided below.
        1. Exception No. 1
          1. Provisions for travel contained in this Exception Number One shall be applicable only to the Chancellor and the Chancellors' immediate staff, presidents of institutions, and System employees traveling in their company.
          2. This exception corresponds with Exception Number Three of the Comprehensive Travel Regulations. All provisions of Sections I through IX of this policy shall be applicable unless superseded by the following.
            1. Transportation: First class travel on common carrier shall be allowable at the option of the above designated persons when accompanying others not employed by the State who are traveling in first class accommodations.
            2. Charges for automobile rental shall be allowed whenever it is more economical than alternative methods of transportation or whenever it is the only practical means of transportation.
        2. Exception No. 2
          1. Members of the Tennessee Board of Regents shall be reimbursed for travel in the performance of their official duties in accordance with applicable provisions of the general policy unless superseded by the following, which corresponds with Exception Number Four of the Comprehensive Travel Regulations, provided that necessary approvals shall be made by the Chancellor rather than the Commissioner of Finance and Administration.
            1. Members of the Board shall be reimbursed by the Board office for all allowable travel expenses upon submission of a standard form for claims and appropriate receipts.

Addendum

  1. Tennessee Board of Regents General Travel Policy
    1. This Addendum provides the specific expenses considerations cited in the general travel policy.
      1. The reimbursement rates listed below are consistent with the current Comprehensive Travel Regulations of the State of Tennessee, which may be revised from time to time.
      2. The following shall remain in effect from and after October 1, 2023, until revised by the Chancellor.
      3. The Board delegates to the Chancellor the authority to increase TBR travel rates commensurate with any rate increases approved by the State of Tennessee.
  2. General Reimbursement Rates
    1. Standard mileage rate – Rate approved by the Dept. of Finance and Administration. Link: Mileage Reimbursement Rates  
    2. Maximum parking fees without receipt - $ 8.00 per day
    3. Fees for handling of equipment or promotional materials - $ 20.00 per hotel
  3. Out-of-State Reimbursement Rates
    1. Employees are to utilize the U.S. General Services Administration CONUS (Continental United States) rates provided by the federal government.
    2. The CONUS rates are located on the U.S. Government’s web page at www.gsa.gov/
    3. Use the CONUS standard rates for all locations within the continental United States not specifically shown on the web page as a listed point.
  4. In-State Travel Reimbursement Rates
    1. Level I Counties and Cities
      1. Davidson County
        Day of Departure and Return Maximum Lodging Maximum Meals and Incidentals
        75% of M&I $237.00 + tax $79.00
      2. Level II Counties and Cities

        1. a. Anderson County, Shelby County, Knox County, Hamilton County, Gatlinburg, Pigeon Forge, Sullivan County, Williamson County, Montgomery County, Putnam County, Rutherford County, Washington County (Includes Paris Landing, Montgomery Bell, Natchez Trace, Pickwick, Fall Creek Falls, and Henry Horton State Parks)

          Day of Departure and Return Maximum Lodging Maximum Meals and Incidentals
          75% of M&I $125.00 + tax $59.00
      3. Level III Counties and Cities
        1. All other counties and cities not listed above
          Day of Departure and Return Maximum Lodging Maximum Meals and Incidentals
          75% of M&I $107.00 + tax $59.00
  5. Standard Out-of-Country Rates
    Day of Departure and Return Maximum Lodging Maximum Meals and Incidentals
    Actual expense or 75% of M&I Actual expense Actual expense or $79.00
  6. Special Rates Under Exception One

    1. This exception applies to the Tennessee Board of Regents' Chancellor and the Chancellors' immediate staff, presidents of institutions, and System employees traveling in their company. This exception rate schedule corresponds with Exception Number Three of the Comprehensive Travel Regulations of the State of Tennessee.

      1. Out-Of-State Reimbursement Rates

        1. Employees are to utilize the U.S. General Services Administration CONUS (Continental United States) rates provided by the federal government.

        2. The CONUS rates are located on the U.S. Government’s web page at www.gsa.gov/

        3. Use the CONUS standard rates for all locations within the continental United States not specifically shown on the web page as a listed point.

      2. In-State Travel Reimbursement Rate

        1. Level I Counties and Cities

          1. Davidson County

            1. Day of Departure and Return Maximum Lodging Maximum Meals and Incidentals
              Actual expense or 75% of M&I $242.00 +  tax $79.00
        2. Level II Counties and Cities
          1. Anderson County, Shelby County, Knox County, Hamilton County, Gatlinburg, Pigeon Forge, Sullivan County, Williamson County, Montgomery County, Putnam County, Rutherford County, Washington County (Includes Paris Landing, Montgomery Bell, Natchez Trace, Pickwick, Fall Creek Falls, and Henry Horton State Parks)
            Day of Departure and Return Maximum Lodging Maximum Meals and Incidentals
            75% of M&I $130.00 +  tax $59
        3. Level III Counties and Cities
          1. All other counties and cities not listed above.
            Day of Departure and Return Maximum Lodging Maximum Meals and Incidentals
            75% of M&I $112.00 +  tax $59
  7. Special Rates Under Exception Two

    1. This exception applies to Board Members of the Tennessee Board of Regents who are reimbursed for travel in the performance of their official duties. This exception rate schedule corresponds with Exception Number Four of the Comprehensive Travel Regulations of the State of Tennessee.

      1. Out-of State Reimbursement Rates

        1. Employees are to utilize the U.S. General Services Administration CONUS (Continental United States) rates provided by the federal government. The CONUS rates are located on the U.S. Government’s web page at www.gsa.gov/

        2. Use the CONUS standard rates for all locations within the Continental United States not specifically shown on the web page as a listed point.

      2. In-State Travel Reimbursement Rates

        1. Level I Counties and Cities

          1. Davidson County

            Day of Departure and Return Maximum Lodging Maximum Meals and Incidentals
            Actual expense or 75% of M&I $257.00 +  tax $79.00
        2. Level II Counties and Cities

          1. Anderson County, Shelby County, Knox County, Hamilton County, Gatlinburg, Pigeon Forge, Sullivan County, Williamson County, Montgomery County, Putnam County, Rutherford County, Washington County (Includes Paris Landing, Montgomery Bell, Natchez Trace, Pickwick, Fall Creek Falls, and Henry Horton State Parks)

            Day of Departure and Return Maximum Lodging Maximum Meals and Incidentals
            Actual expense or 75% of M&I $145.00 +  tax $59.00
        3. Level III Counties and Cities
          1. All other counties and cities not listed above.
            Day of Departure and Return Maximum Lodging Maximum Meals and Incidentals
            75% of M&I $127.00 +  tax $59.00
Sources: 

Authority

T.C.A. §§ 49-8-203, 4-3-1008; All Federal and State rules and regulations referenced in this policy.

History

TBR Meetings, June 25, 1976; March 3, 1978; September 29, 1978; September 26, 1980; September 30, 1983; March 23, 1984; September 21, 1984; December 13, 1985; June_26, 1987; September 18, 1987; June 30, 1989; September 21, 1990; June 28, 1991; March 20, 1992; October 22, 1993 (Interim action), February 1, 1996 (Interim Action), June 21, 1996, March 27, 1998, August 1, 1998 (Interim Action), March 26, 1999, September 17, 1999, September 1, 2001 (Interim Action), September 26, 2003, December 5, 2003, May 1, 2004 (Interim Action), September 24, 2004; December 3, 2004; June 10, 2005; December 2, 2005; March 31, 2006; March 30, 2007; June 29, 2007; September 28, 2007; March 28, 2008. October 1, 2008 (Interim Action); October 1, 2009 (Interim Action); Board Meeting September 24, 2010; December 9, 2010, June 24, 2011; October 13, 2011 (Interim Action): June 28, 2012: June 21, 2013; October 1, 2013 (Interim Action); Board Meeting June 20, 2014; October 1, 2014 (Interim Action); October 1, 2015 (Interim Action); October 1, 2016 (Interim Action). Revised at Board Meeting, March 31, 2017. October 1, 2017 (Interim Action); October 1, 2018 (Interim Action). Revisions, including Oct. 2018 Interim Action, approved by Board on December 13, 2018; Revision approved at March 21, 2019 Board Meeting; October 16, 2019 (Interim Action); October 9, 2020 (Interim Action); October 14, 2021 (Interim Action); October 20, 2022 (Interim Action); October 31, 2023 (Interim Action).

Policy Number: 
4.03.02.00
Policy/Guideline Area: 
Business and Finance Policies
Applicable Divisions: 
TCATs, Community Colleges, System Office
Purpose: 

The purpose of this policy is to establish the minimum regulations and procedures concerning the maintenance and operation of motor vehicles by institutions and employees of the institutions within the Tennessee Board of Regents System. Procedures provide for the assignment of an institutional motor vehicle to certain persons for their official use. Positions included within this procedure are the Presidents of institutions, the Chancellor, Vice Chancellors, and Legal Counsel. The purpose of this procedure is to provide structure to the assignment of vehicles under this policy.

Definitions: 
  • State vehicle or motor vehicle - any motor vehicle owned by the Board or an institution or college of applied technology in the System, or purchased or leased from state funds.
  • Institution - any institution within the Tennessee Board of Regents System, and the offices of the Board of Regents.
  • Employee - any person employed full or part-time by an institution or any person serving as an ‘official volunteer’ at an institution. An ‘official volunteer’ is defined as a person whom the institution has properly registered with the Tennessee Board of Claims pursuant to Tenn. Code Ann. § 8-42-101(3)(B).
Policy/Guideline: 
  1. General Provisions
    1. Motor vehicles are maintained at institutions in the System to facilitate the official business of the System. It is the responsibility of all employees who use state vehicles to ensure the efficient and economical utilization of such vehicles.
    2. All state vehicles shall be used in accordance with the provisions of this policy.
    3. All state vehicles shall be marked in accordance with the current TBR Marking Plan as contained in Attachment A.
  2. Presidents, Chancellor, Vice Chancellors, Legal Counsel
    1. The presidents of the institutions, the Chancellor, Vice Chancellors, and Legal Counsel may be provided an  assigned motor vehicle for their use or receive an automobile allowance. The terms of such use shall be set forth in their respective employment agreements or letters.
  3. Motor Pools
    1. Each institution is authorized to maintain a central motor pool from which vehicles may be dispatched by employees for official business.
    2. When motor pool vehicles are maintained, an employee who needs to use a motor vehicle on state business shall use a pool dispatched vehicle if one is available, unless the employee elects and obtains authorization to use a personally-owned vehicle as provided in the Board's General Travel Policies and Procedures (No. 4.03.03.00).
    3. Motor pool vehicles shall be available for either trip assignments or special assignments.
      1. Motor pool vehicles available for trip assignments will be centrally controlled by the institution and made available for specific trips and returned to the motor pool upon completion of trips and shall be used only for official business and not for personal use.
      2. Special assignment of motor pool vehicles may be made to a division or a person when necessary for use on a regular basis.
      3. Motor pool vehicles, including those used for trip assignments and special assignments may not be used for commuting purposes unless the employee:
        1. Is departing upon or returning from an official trip away from their headquarters or the employee needs the vehicle to conduct institution business after regular working hours or before usual working hours on the next day; or
        2. Has been recommended by the president and approved by the Chancellor to be authorized to use the vehicle for commuting purposes.
  4. Authorized Operators and Passengers
    1. Only employees of an institution with proper departmental authorization may be authorized to operate a state vehicle for official business. Authorization to use a state vehicle shall be limited to official use within the scope of employment of the employee.
    2. All employees must have a valid driver's license prior to being authorized to operate a state vehicle.
    3. Passengers in state vehicles shall be limited to the following:
      1. Employees of the institution when within the scope of employment;
      2. Students of the institution engaged in institutional or school sponsored activities; and
      3. Other persons when it is necessary for them to accompany an employee on official business or as guests of the institution. The spouse and children of employees generally are not considered a guest of the institution unless their attendance is required at the event and they are listed on approved travel authorizations. This provision does not apply to those positions listed in Section II.A. 
  5. Penalties for Misuse of Vehicles
    1. Employees who misuse vehicles will be subject to disciplinary sanctions, depending upon the magnitude of the misuse and the frequency with which it has occurred. Misuse includes any of the following:
      1. Utilization of radar detection devices in state vehicles;
      2. Violations of traffic laws; this includes exceeding posted speed limits, reckless driving, and illegal parking;
      3. Careless operation that results in damage to the vehicle or injury to persons or property;
      4. Use of a vehicle for personal business or unauthorized commuting purposes; or
      5. Use of a vehicle contrary to the provisions of this policy.
    2. The president of the institution, or the Chancellor should determine the penalty appropriate for each violation; and in addition may require the employee to pay for damages to the vehicle caused by misuse.
  6. Notice of Liability and Penalties for Misuse
    1. A notice of liability and penalties for misuse of motor vehicles (Exhibit 1) shall be posted at the site where vehicles are normally checked out, and be contained in each vehicle for the benefit of drivers.
  7. Exceptions
    1. Any exception to this policy must be approved in writing by the Chancellor.

Attachment A

  1. Marking Plan for State Vehicles
    1. The provisions of the marking plan for licensed vehicles are as follows:
      1. All institutions will develop and/or affix their own individual decal containing a minimum surface area of sixty square inches to all licensed vehicles.
      2. The identifying emblem will be displayed on the passenger and driver’s door unless otherwise stated. Some vans will be marked on the side at mid-panel height, and some institutions will further identify the vehicle as security, maintenance, etc.
      3. Vehicles assigned to the chancellor, vice chancellors, legal counsel, and presidents will carry regular series license plates and no decal identification.
    2. These provisions will remain in full effect until revoked or altered in writing by the Chancellor of the Tennessee Board of Regents.

Source: Memorandum dated February 28, 1986, from Chancellor Thomas J. Garland to the State Commissioners of Finance and Administration and General Services

Procedures: 
  1. General
    1. An Eligible Executive includes positions cited in the TBR Motor Vehicle Policy (4.03.02.00), Section II . At the time of employment, an Eligible Executive may elect to receive:
      1. Assignment of an institutional motor vehicle for their use; or
      2. A motor vehicle allowance.
    2. This election should be made at either:
      1. The time of employment, or
      2. As assigned motor vehicles are replaced.
        1. This replacement should occur as needed based on the useful life of the vehicle and accumulated mileage.
        2. Under no circumstances should the replacement cycle be less than three (3) years.
    3. Once an employee elects to take the motor vehicle allowance, the employee cannot change to an assigned vehicle.
  2. Assignment of an Institutional Motor Vehicle
    1. Eligible Executives selecting this option shall be provided an appropriate motor vehicle by the institution. For purposes of this plan, an appropriate motor vehicle is defined as a late model (no more than five years old) four-door passenger mid-size or full size sedan. The Chancellor shall approve the selection of assigned vehicles for eligible executives. Operating and maintenance cost of the assigned motor vehicle shall be the responsibility of the institution. In recognition that use of the assigned motor vehicle may include non-business use Eligible Executives are required to maintain appropriate types and amounts of insurance to cover any non-business use of the motor vehicle.
    2. To the degree that the motor vehicle assigned is used for non-business purposes, it is the responsibility of the institution to report on the employee's Form W-2 the value of such personal use in the employee's income as compensation subject to withholding for federal income taxes and applicable FICA taxes. Additionally, these amounts shall be considered as compensation for employee benefit purposes.
  3. Motor Vehicle Allowance
    1. Eligible Executives selecting this option shall receive a monthly cash allowance from the institution. In recognition of this payment, the Eligible Executive shall be responsible for all expenses attendant to the:
      1. Purchase or lease (and replacement as needed) of a motor vehicle appropriately suited for the conduct of institutional business. For purposes of this plan, an appropriate motor vehicle is defined as a late model (no more than five years old) four-door passenger mid-size or full size sedan; and
      2. Operation, insurance, maintenance, and repair cost of said motor vehicle.
    2. The monthly automobile allowance amount shall be set in the Eligible Employee's employment agreement.
      1. The allowance consists of two components:
        1. A capital component based on the estimated monthly lease value of a full sized sedan; and
        2. An operating component that applies a mileage rate that considers only the marginal operational cost of a vehicle and assumes 12,000 business miles are driven annually.
      2. It is the responsibility of the business and finance area of the System Office to initially calculate and periodically update the monthly automobile allowance amount.
      3. The monthly automobile allowance will be reviewed and adjusted periodically in conjunction with future compensation studies for presidents and other system executives.
    3. The monthly automobile allowance, under Internal Revenue Service (IRS) Regulations, must be included in compensation on the employee's Form W-2 and is subject to federal withholding and applicable FICA taxes. Additionally, automobile allowance payments are considered compensation for employee benefit purposes.
    4. Eligible Executives whose business related travel exceeds 12,000 miles annually are eligible to be reimbursed for business related mileage. If requesting such reimbursement, the Eligible Executive must provide the institution with a log that documents that the motor vehicle for which the allowance is paid has been used for 12,000 business related miles. The log submitted should comply with IRS guidance for documentation of business usage of a motor vehicle. Once this annual 12,000 mile threshold is achieved, the Eligible Executive may submit mileage reimbursement requests for any business related miles that exceed 12,000 miles. The reimbursement rate shall equal the Board's then current approved mileage rate, less the then current IRS standard mileage rate attributed to depreciation. Mileage reimbursement paid under this item are not considered compensation for income tax purposes and are not subject to federal withholding and applicable FICA taxes.
  4. Funding
    1. Each institution is responsible for funding the provisions of this plan.
Sources: 

Authority

T.C.A. §§ 49-8-203, 8-42-101

History

TBR Meetings, June 29, 1979; June 27, 1980; September 30, 1983; June 29, 1984; June 27, l986; June 24, 1988; September 21, 1990; March 18, 2005; June29, 2007; Board Meeting, September 26, 2014; Board Meeting March 27, 2015. Sept 2018 combined Guideline B-030 into this policy.

Policy Number: 
4.02.20.00
Policy/Guideline Area: 
Business and Finance Policies
Applicable Divisions: 
TCATs, Community Colleges, System Office
Purpose: 

The following policies and procedures concerning the disposal of surplus personal property shall be followed by all institutions governed by the Tennessee Board of Regents.

Definitions: 
  • Surplus personal property - means that personal property which has been determined to be obsolete, outmoded, unusable or no longer usable by the institution, or property for which future needs do not justify the cost of maintenance and/or storage. Such property must be declared "surplus personal property" by the president, or designee of the transferring institution; provided however, property need not be declared surplus when disposition is through the trade-in method.
Policy/Guideline: 
  1. General Rules
    1. Surplus personal property is either usable property, which shall be transferred or sold, or unusable property, which may be disposed of or destroyed, as hereinafter provided:
      1. Surplus personal property which is perishable food may be destroyed without delay or notification.
      2. Surplus mattresses may be destroyed or may be otherwise disposed of only upon compliance with T.C.A. § 12-2-403.
      3. Surplus personal property which is determined to be not usable by the institution and of little or no salvage or other economic value may be disposed of or destroyed by an appropriate method.
      4. The institution shall follow the procedures described in Section II.C of this policy, prior to disposal of all other surplus personal property.
    2. Surplus personal property in which the Federal Government or other entity has a legal interest should be transferred to such entity when no longer needed.
    3. It is unlawful for any state official or employee, including System employees, to purchase from the state except by bid at public auction any surplus property during the tenure of his office or employment, or for six (6) months thereafter. A purchaser who violates this provision is guilty of a misdemeanor under T.C.A. § 12-2-412.
    4. For all sales to individuals except at public auctions (public auctions include internet auctions), the transferring institution conducting the sale shall obtain from the purchaser a signed disclaimer certifying the purchaser is not a state or System employee and that the purchaser is not buying the property for or on behalf of any state or System employee.
    5. All employees of the Tennessee Board of Regents System and their immediate families shall be ineligible to bid for or purchase surplus personal property except by bid at public auction (public auctions include internet auctions).
    6. Possession of surplus personal property sold to the general public under any method prescribed under Section II.C of this policy shall not pass until payment is made. If the payment is made by check  the institution, at its discretion, may not transfer possession until the check is honored by the drawee bank.
    7. Possession shall pass to System institutions, political subdivisions of the state, and other governmental entities upon receipt, by the institution, of purchase vouchers of such institutions, political subdivisions, or other governmental entities. Title to motor vehicles sold as surplus property to political subdivisions and other governmental entities shall be closed as to transferee when title is passed.
  2. General Disposal Procedures
    1. The president of each institution or their designee shall declare personal property to be surplus personal property prior to disposition as such; provided however, property need not be declared surplus when disposition is through use of the trade-in method.
    2. The president or their designee shall designate the department or individual at the institution responsible (hereinafter referred to as "responsible authority") for the disposal of surplus personal property, and the communications and procedures concerning the disposal of surplus personal property.
    3. No article of personal property may be disposed of as surplus except by one of the following methods:
      1. Trade-in, when such is permitted due to the nature of the property or equipment and subject to the provisions of T.C.A. § 12-2-403 and the rules of this policy;
      2. Sale or donation to other institutions within the Tennessee Board of Regents system;
      3. Sale or donation to other state agencies;
      4. Sale to eligible political subdivisions of the state and other governmental entities;
      5. Public auction, publicly advertised and held;
      6. Sale under sealed bids, publicly advertised, opened and recorded;
      7. Negotiated contract for sale, at arm’s length; but only in those instances in which the availability of the property is recurring or repetitive in character, such as marketable waste products;
      8. Disposition through the Department of General Services as provided in the Department Rules and Regulations;
      9. Sale or donations to a public school or public school system;
      10. Sale by Internet auction.
    4. If the president, or designee declares the property to be surplus personal property, the method of disposal shall be determined by the responsible authority from the alternatives set forth in Section II.C of this policy. Written documentation for the selection of method of disposal shall be maintained.
    5. The trade-in method, when property is of the nature appropriate for trade-in, and sale or donation to other institutions in the Tennessee Board of Regents System shall be the first and second priority methods, respectively, for disposal of surplus personal property, except for waste products which shall be disposed of as further provided in this policy.
    6. In the selection of other methods of disposal, the following criteria shall be considered:
      1. The character, utility and functionality of the property;
      2. The economics of disposal in light of all relevant circumstances attendant the proposed disposal, including the condition and climate of the potential market and present estimated market value of the property, transportation costs, and other cost factors associated with disposal; and
      3. Sound fiscal and budgetary policy and practices.
    7. The method of disposal selected in the preceding section shall be implemented pursuant to the specific procedures set forth in this policy for such disposition.
    8. The responsible authority at the institution shall be responsible for the maintenance of accountability documentation on all items of surplus personal property, and shall ensure that adequate audit and inventory trails on all items of surplus personal property are maintained.
    9. Such authority shall make the final determination of the fair market value of surplus personal property for purposes of calculating reimbursements to the selling institution and to determine whether property may be destroyed pursuant to Section I.A.3.
    10. Nothing shall prohibit an institution from simultaneously providing notice of an intended disposition of surplus personal property to all System institutions and all state agencies as specified in Section IV.A and V.A below.
    11. In such event, if no System institution has requested the property within seven (7) days of the initial notice, the first state agency which had requested the property within such time shall be entitled to receive the property upon reimbursement as provided in Section V. below.
  3. Trade-In on Replacement
    1. Items that must be replaced may, subject to the requirements of this section, be traded in on replacement property.
    2. The responsible authority of the institution shall perform the following functions in connection with the trade-in method of disposal:
      1. Issue invitations to bid asking for bids with trade-in and without trade-in and receive and review bids;
      2. Make an evaluation of the condition and fair market value of the property to be disposed of; Through comparisons of bids and the evaluation prepared, make a determination whether it is in the best interests of the institution to dispose of the property by trade-in or by one of the other methods of disposal.
  4. Sale or Donation to System Institutions
    1.  Except when the trade-in method is utilized or when the property is to be disposed of as a waste product, the responsible authority at the institution shall provide to the president, or designee, or appropriate departments and/or individuals at all other institutions in the System and to the offices of the Tennessee Board of Regents, a notice of intended disposition which shall include;
      1. The name of the individual to contact for additional information;
      2. The location of the property for inspection;
      3. A description of the property;
      4. The condition of the property; and
      5. The asking price of the property as determined by the responsible authority, if the item is being offered for sale as opposed to donation.
    2. The initial notice of available surplus personal property may be made at periodic intervals for the purpose of consolidating notices on numerous items of such property for convenience.
    3. The first institution which makes a written request for the available surplus personal property shall be entitled to receive such property.
    4. In the event that no institution requests transfer of available surplus personal property within seven (7) days of the date of the initial notice, the property may be disposed by means of another appropriate method of disposal.
  5. Sale or Donation to Other State Agencies
    1. When sale to other state agencies is the method of disposal selected; the responsible authority of the institution shall provide notice of the intended disposition to the commissioner or chief executive officer of all state agencies which shall include all information specified in the notice required by Section IV.A. Donations may be made directly to specific agencies based on known need.
    2. The first state agency which makes a written request for the available surplus personal property shall be entitled to receive such property.
    3. In the event that no state agency requests the available surplus personal property within seven (7) days of the date of the initial notice, the property may be disposed by means of another appropriate method of disposal.
  6. Sale of Surplus Property to Governmental Entities
    1. Political subdivisions of the state and other eligible governmental entities may purchase surplus personal property by submission of sealed bids for such property to the responsible authority of the institution no later than two (2) days prior to a public auction held for disposal of such property.
      1. Such bids shall be opened two (2) days prior to such public auction and the highest bid shall be selected unless the responsible authority decides that the highest bid does not represent the fair market value.
      2. The responsible authority may reject such bids and may negotiate with the political subdivisions of the state and other entities which have submitted bids in order to obtain a fair market value. In the event negotiation does not result in a fair market value, such property shall be disposed of by public auction.
    2. Political subdivisions of the state and other governmental entities shall retain possession of surplus property purchased from System institutions for at least one (1) year unless disposal is approved by the Board of Standards. Any profit realized from the resale of such property shall revert to the state or the System as their interests may appear.
    3. Any sale of automobiles by a System institution to a county, municipality or other political subdivision or governmental entity shall become null and void and such property shall revert to the state, or the System as their interests may appear, in the event that such political subdivision or governmental entity does not transfer the registration of title to such automobile to its name within seven (7) days after the sale.
  7. Public Auctions and Sales Under Sealed Bids
    1. Public auctions and sales under sealed bids, as provided in this policy, shall be publicly advertised and publicly held.
      1. Notice of intended disposal by public auction or sale under sealed bid shall be entered by the responsible authority of the institution in at least one (1) newspaper of general circulation in the county or counties in which the disposal is to be made reasonably describing the property and specifying the date, time, place, manner, and conditions of the disposal.
      2. The advertisement shall be entered in the public notice or equivalent section of the newspaper and shall run not less than three (3) days in the case of a daily paper and not less than twice in the case of a weekly.
      3. The disposal shall not be held sooner than seven (7) days after the last day of publication nor later than fifteen (15) days after the last day of publication of the required notice, excluding Saturdays, Sundays and holidays.
      4. Prominent notice shall also be conspicuously posted for ten (10) days prior to the date of disposal, excluding Saturdays, Sundays and holidays, in at least two (2) public places in the county or counties where the disposal is to be made.
      5. Notice shall be sent to the county court clerks of the county in which the sale is to be made, and all contiguous counties in Tennessee, except when the fair market value of all the property to be sold is determined in writing by the president or designee to be less than $500.00.
    2. A mailing list shall be developed for mailing to eligible governmental entities and potential buyers of surplus items.
    3. No person, firm or corporation shall be notified of any public auction or sale except as provided by this policy.
    4. Each institution should attempt to include as many items in each sale as is practical and feasible.
    5. All notices of sales of such property shall provide that the property is to be sold "as is" with transportation costs assumed by the purchaser. The notice shall state that the only warranty provided, expressed or implied, is the seller's right, title and interest in the property sold.
    6. All sales by bid or auction shall be with reserve, and when bids received are unreasonably below the fair market value as determined by the responsible authority of the institution or school, all bids shall be rejected and the property shall be thereafter disposed of pursuant to other acceptable methods of disposal.
  8.  Disposal of Waste Products
    1. Marketable waste products such as paper and paper products, used lumber, bottles and glass, rags, and similar materials of nominal value classified as scrap may be sold directly to dealers at the going market rate without soliciting bids. Each institution shall keep a record of the volume and unit price of such materials sold on the scrap market.
    2. Waste products which are subject to storage and are normally accumulated until such quantities are available to make a sale economically feasible shall be sold under sealed bids as follows:
      1. Invitations to bid shall be mailed to known buyers of the particular item;
      2. Three firm bids shall be secured when possible;
      3. Sealed bids shall be publicly opened and recorded ten (10) days, excluding Saturdays, Sundays, and holidays, after the invitations to bid are mailed;
      4. The highest bidder shall be awarded the contract and shall be notified of the date for removal of the property and the method of payment which will be acceptable;
      5. A file shall be maintained for each disposal for the purpose documenting the sale and should include all documents and information pertinent to the disposal.
    3. Anything to the contrary notwithstanding, surplus personal property which is determined to be unusable and of little or no salvage or other economic value may be destroyed by an institution or school as provided in Section I.A.3.
  9. Disposal of Livestock
    1. The Head of the Agriculture Program is responsible for the administration of sales or other disposition of all livestock. The Head of the Agriculture Program shall also ensure that adequate inventory records are maintained. Exceptions must be approved by the President of the Institution.
    2. As applicable for the method of sale, documentation that supports the method of sale, advertisements, invitations to bid, bids received, authorization, minimum prices, and price received should be maintained by the Head of the Agriculture Program.
    3. Consistent with the best interest of the institution, as recommended by the Head of the Agriculture Program, livestock may be sold by the following methods:
      1. Disposition by Public Auction or Sealed Bid - Unless it is in the best interest of the institution to proceed otherwise, livestock shall be sold by invitation of sealed bids or by public auction (i.e., local livestock auctions).
      2. Special Auction/Private Treaty Sales - These methods are used for superior breeding animals, show animals, pedigreed and/or high quality specialty animals.
        1. Prior to advertisement, a responsible faculty member or farm manager shall submit a list of superior animals to be sold at auction or private treaty and obtain written approval from the Head of the Agriculture Program.
        2. The animal(s) available for sale will be advertised through the departmental website, relevant industry publications, or newspaper at least two (2) weeks in advance. A responsible point of contact, who is able to provide information on animal offerings and participate in the selling/bidding process, should be included in the advertisement.
        3. The Agriculture Program will establish minimum sale prices. The farm manager or faculty member in charge of the respective species' research/teaching program shall determine sale prices for each animal. Value shall be based on the genetic, phenotypic, and performance merit of the animal compared to the average of the population.
        4. Sale of the animal will be to the highest bidder at or above the minimum established sale price. In cases of tie bids, a random draw will determine the successful bidder.
      3. Where the price for "commercial" (non-pedigree/non-specialty) livestock can easily be established, the institution may sell directly to "order-buyers" based on current prices when viewed as being in the best interest and most profitable to the institution.
      4. Disposition by Slaughter - Prices for livestock being sold for slaughter shall be based on the National Yellow Sheet prices. The "Yellow Sheet" publication updates prices daily based on a national average. An acceptable alternative for obtaining slaughter animal prices are current USDA Livestock Market Reports.
  10. Sale by Internet
    1. Notice of intended disposal by Internet auction shall be posted on the Internet. Such notice shall specify and reasonably describe the property to be disposed of, the date, time, manner and conditions of disposal, all as previously determined by the responsible authority.
  11. Exceptions
    1. Exceptions to this policy which are consistent with state law may be granted by the Chancellor or designee upon request by the president of the transferring institution, or their designees.
    2. The Chancellor or designee may not approve a method of disposal which is not specified in Sections I.A. or II.C. of this policy.
Sources: 

Authority

T.C.A. §§ 49-8-203, 12-2-403, 12-2-412

History

TBR Meetings, June 29, 1979; September 30, 1983; March 7, 1997; September 26, 2003; June 29, 2007; June 24, 2011: March 29, 2012; Dec 13. 2012; TBR Board Meeting June 19, 2015; Revisions approved by Board on December 13, 2018.

Policy Number: 
4.02.10.00
Policy/Guideline Area: 
Business and Finance Policies
Applicable Divisions: 
TCATs, Community Colleges, System Office
Purpose: 

To ensure efficiency, fairness, transparency and maximum level of competition in the procurement of goods and services for the Tennessee Board of Regents System. This policy includes the criteria and process for procurements conducted by Institutions governed by the Tennessee Board of Regents. It is not intended to cover all Tennessee Board of Regents policies and guidelines or all possible issues that may arise in the procurement process; rather, it is intended to give you a general process for how to address procurement issues. Institutions are responsible for complying with all other relevant policies.

Definitions: 
  • Institution – means any of the community colleges, colleges of applied technology and System Office departments within the Tennessee Board of Regents.
  • System Office – the administrative offices of the Tennessee Board of Regents.

As used in the Procedure area, the following definitions apply, unless the context otherwise requires:

  • “Aggrieved Respondent” means a respondent, who was not awarded a contract and claims their rights were infringed in connection with a solicitation or award by the Institution.
  • “Calendar Day” means all days in a month, including weekends and holidays.  In the event a final calendar day falls on a weekend, holiday or other day where offices are closed, the next business day becomes the final calendar day.
  • “Central Procurement Office” means the State office established and empowered by T.C.A § 4-56-104.
  • “Chief Procurement Officer” means an official of the State as defined by T.C.A. § 4-56-104, the Assistant Vice Chancellor of Procurement and Contracts of the System Office, or the senior procurement official of an Institution, as applicable.
  • "Commodity Codes/Classes" means The National Institute of Government Purchasing (NIGP)
  • “Contracting Party/Contractor” means a person or legal entity with the independent legal capacity to contract or sue and be sued that has been awarded a contract through proper authority.
  • “Cooperative Purchasing Agreement” means a written contract procured for the benefit of two or more governmental entities to make purchases of goods or services.
  • “Debarment” means excluding a Vendor from participation in procurements or contracts.
  • “Emergency Purchase” means a purchase made during an actual emergency arising from unforeseen causes without the issuance of a competitive solicitation.
  • “Evaluation Team” means the committee comprised of persons who will evaluate responses to a RFP, RFI or ITB/RFQ. All persons serving on an evaluation committee shall be adequate to the scope and nature of the procurement.
  • “Fully Executed Contract” means a signed contract that has been duly approved by all necessary State signatories as required by policies, procedures, and laws.
  • “General Services Administration” means the procuring agency of the U.S. Federal Government.
  • “Gift” means a voluntary transfer of goods or services to the Institution made gratuitously and without consideration.
  • "Grant" means any grant of money awarded to the Institution, for the furnishing by the Institution of assistance, whether financial or otherwise, to any person or entity to support a program authorized by law. The term “Grant” does not include an award with the primary purpose of procuring an end product, whether in the form of supplies, services, or construction, or any contract resulting from such an award that should otherwise be provided on a competitive basis.
  • “Immediate Family” means a spouse, parent, sibling or child.
  • “Institution” means the TBR System Office and/or any Institution governed by the Tennessee Board of Regents.
  • “Invitation to Bid (ITB)/Request for Quotation (RFQ)” means a procurement method where a contract is awarded to one or more bidders based on the lowest Responsive and Responsible bid which meets the required specifications, taking into consideration quantifiable factors including but not limited to the conformity of the goods and/or services to the specifications, and discount allowed for prompt payment or other reason(s), transportation charges, and the date of delivery specified in the solicitation. 
  • “Notice of Intent to Award” means an Institution’s written notice to a bidder/proposer of a solicitation that the evaluation is complete, that names the respondent who is considered for award, and states that the procurement file is open for public inspection.
  • “Non-responsive” means failure of a bidder/proposer who submits a response to a solicitation to conform in all material respects to the solicitation’s requirements.
  • “Proposal” means a Proposer’s response to an Institution’s solicitation for goods and/or services.
  • "Proposer" means any person or legal entity with the legal capacity to enter into contracts and sue and be sued who responds to a written solicitation for goods or services issued by the Institution.
  • “Proprietary Purchase” means the procurement of a good or service that is protected under trade secret, patent, trademark, or copyright law by a vendor having exclusive legal right to provide, manufacture, or sell the good or service.
  • “Protest” means a written complaint filed by an Aggrieved Respondent in connection with a solicitation or award of a contract by the Institution.
  • “Purchase Order” means a written or electronic document issued by the Institution’s Procurement Office to a supplier authorizing a purchase.
  • “Registered Vendors List” means a list of potential bidders who have successfully completed the Institution’s vendor registration process.
  • “Request for Information” means a solicitation sent to a broad base of potential suppliers for the purpose of developing strategy, building a database, or preparing for a Request for Proposals or a Request for Quotation.
  • “Request for Proposals (RFP)” means a written solicitation for written proposals to provide goods or services to the Institution.
  • “Respondent” means a person providing a written response to a solicitation.
  • “Response” means a respondent’s written response to a solicitation.
  • “Responsible Bidder/Proposer” means a vendor who has the capacity in all material respects to perform fully the contract requirements, and the integrity and reliability that will assure good faith performance.
  • “Responsive Bidder/Proposer” means a person who has submitted a proposal which conforms in all material respects, to the terms of a solicitation.
  • “Small Dollar Purchases” means the procurements of goods or services totaling less than the amount required for competitive bids.
  • “Sole Source Purchase” means procurement of a good or service from a single uniquely qualified vendor.
  • “Solicitation” means a written document that facilitates the award of a contract to Contracting Parties for goods or services. Examples of solicitations include, but are not limited to, an Invitation to Bid/Request for Quotation, a Request for Information, and a Request for Proposal.
  • “Solicitation Coordinator” means the Institution's procurement professionals who acts as the primary point of contact and manages the procurement.
  • "State" means the State of Tennessee, including its departments, agencies, and entities that fall under its purview.
  • “State Agency” means the departments, agencies, and entities of the State of Tennessee.
  • “Statewide Contract” means a contract for goods or services established by the Chief Procurement Officer that all State Agencies must utilize and that may be used by local governments, higher education and not-for-profit entities.
  • “Supplier” means a person or legal entity who has the legal capacity to enter into contracts and who supplies goods or services to the Institution through a contract or a purchase order. A “supplier” includes all persons or legal entities referenced as “vendors” in this policy.
  • “TBR System Office” means the central administrative offices of the Tennessee Board of Regents.

“Term Contract” means a contract for goods or services in which a source or sources of supply are established for a specified period of time at an agreed upon price or prices.

Policy/Guideline: 
  1.  Purchasing Authority
    1. The authority to approve procurements of goods and services is delineated in TBR Policy 1:03:02:10.
  2. General Procurement Policies
    1. Procurement Generally
      1. Procurements of goods or services shall be in compliance with all applicable federal and state requirements and TBR Policies and Guidelines.
      2. All procurement of goods and services shall be based upon the principle of competitive bidding except when an alternate procurement method is justified in writing and approved by the appropriate authority, as required by TBR Policy 1-03-02-10.
      3. A complete record shall be maintained of each procurement transaction to provide a clear audit trail.
    2. Procurement Procedure
      1. The Office of Business and Finance and the Office of General Counsel in conjunction with the Council of Buyers shall maintain a procurement procedure, which may be in electronic format, setting forth all processes and procedures for the procurement of goods and services to ensure that all procurements are in compliance with federal and state laws, regulations, and all applicable TBR Policies and Guidelines.
      2. All Institutional procurements shall be in compliance with the procurement procedures.
      3. Each Institution shall maintain a procurement policy, which may be in electronic format, setting forth any procedures of the Institution in addition to or necessary to comply with this Policy.
  3. Council of Buyers
    1. The Chancellor has established a Council of Buyers that shall be chaired by the Chief Procurement Officer for the TBR System Office and shall be comprised of at least one (1) procurement representative from each community college and three (3) regional representatives from the Tennessee Colleges of Applied Technology who shall be appointed by the Chancellor or designee.
    2. The Council should meet quarterly, or at minimum semi-annually, or upon request of the Chancellor or designee.
    3. The Council of Buyers shall develop procurement initiatives, procedures and recommendations which shall be submitted to the Chancellor or designee, related to the following:
      1. Development of uniform procedures, forms, and general conditions governing procurements which may be feasible and practicable for use by all Institutions.
      2. Strategic sourcing initiatives to foster cooperation and cost savings efficiencies.
      3. Consideration of the feasibility and advantages of term contracts for the System and of designation of certain Institutions as responsible procurement agents for specific materials, supplies, equipment, and/or services for the System.
      4. Formulation of a uniform code of ethics for governing the professional conduct of employees responsible for procurement.
      5. Any other matters referred to the Council by the Chancellor or designee.
  4. Exceptions
    1. The Chancellor or designee may approve exceptions to the requirements of this Policy in appropriate cases.
Procedures: 
  1. Introduction
    1. The purpose of this section is to provide guidance and detailed procedures concerning procurement methods, administration, award and management. This applies to the Tennessee Board of Regents (TBR) System. For procurements that result in contract documents, the Contract Policy No. 1:03:02:15 and Contracts Guideline G-030 shall apply.
  2. Code of Ethics
    1. This Code of Ethics shall be applicable to all employees in the Tennessee Board of Regents System who are primarily responsible for the purchase of goods and/or services.
    2. Employees must discharge their duties and responsibilities fairly and impartially.
    3. Employees shall grant competitive bidders equal consideration, regard each transaction on its own merits, and foster and promote fair, ethical and legal trade practices.
    4. It shall be a breach of ethical standards for any employee who is involved in procurement to become or be, while such an employee, the employee of any party contracting with the particular governmental body by which the employee is employed.
  3. Conflict of Interest
    1. It shall be a breach of ethical standards for any employee, in the performance of their official duties, to participate directly or indirectly in any proceeding or application, request for ruling or other determination, claim or controversy, or other particular matter pertaining to any contract, or subcontract, and any solicitation or proposal thereof, in which to their knowledge:
      1. They, or any member of their immediate family has a substantial financial interest; or
      2. a business or organization in which they or any member of their immediate family has a substantial financial interest as an officer, director, trustee, partner or employee, is a party; or
      3. any other person, business, or organization with whom they or a member of their immediate family is negotiating or has an agreement concerning prospective employment is a party.
    2. The determination of whether a substantial financial interest exists shall be based upon the criteria identified in Section VI.A.1.b.(2) of TBR Policy No. 1:02:03:10, Conflict of Interest.
    3. Direct or indirect participation shall include, but not be limited to, involvement through decision-making, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or purchase standard, rendering of advice, investigation, auditing or in any other advisory capacity.
  4. Purchasing Authority
    1. Procurement of goods and services made in accordance with the process provided herein may be approved by Presidents of Institutions, with the following exceptions.
    2. Except as provided in TBR Policy 1:03:02:10, the authority of the Presidents shall not include:
      1. the purchase or lease of real property;
      2.  any purchase totaling more than $249,999.99 annually;
      3. the purchase of insurance; or
      4. purchases for capital outlay projects from any fund source whatsoever.
        1. Purchases as noted above, which are not within the authority of the President, require additional approval(s) by the TBR System Office, Fiscal Review, or the State Building Commission (SBC), etc. as appropriate.
        2. See Exhibit 1 for submittal documentation required for procurements and contracts that require TBR System Office and/or Fiscal Review approval.
    3. Purchase orders issued pursuant to purchase orders and/or contracts which have already received approval by the TBR System Office do not require additional submission to the TBR System Office when the purchase orders clearly specify the goods and services of the contracts or any approved amendments thereto.
      1. This exception does not include purchase orders issued from University of Tennessee, State of Tennessee, General Services Administration (GSA) or Cooperative contracts, unless notified otherwise by the TBR System Office.
    4. Goods, Materials and Supplies
      1. Procurement of goods, materials, and supplies under this policy shall not require a monitoring plan, but shall comply with TBR and Institution internal controls and audit procedures.
    5. In any instance in this policy in which the Chancellor, President, Chief Business Officer, or Chief Procurement Officer is specified to have approval authority, such officer may delegate the approval authority, as specified in TBR Policy 1:03:02:10 to designees.
  5. Procurements Generally
    1. The procedures set forth in this section shall apply to all procurements of goods or services.
      1. In cases where TBR policies and procedures do not address a specific procedure for purchase of a particular item, federal and state requirements will govern, as applicable.
      2. All purchases shall be based upon the principle of competitive bidding except as may be otherwise provided herein. It is the responsibility of the Chief Procurement Officer to ensure that the competitive bid process is fair and open. Required documentation related to competitive bidding shall be routed through the Institution’s procurement/contracts office, prior to the purchase, to ensure compliance with applicable policies and guidelines.
      3. No procurement shall be divided or split to circumvent the proper procurement process. For example, if seven items totaling $30,000 are needed for a particular project or purpose and can be obtained from a single source of supply, these items should be obtained via a competitive process instead of multiple Small Dollar Purchases. Similarly, if purchases that fall within the Small Dollar Purchase authority are of a recurring nature and the aggregate total is expected to exceed the amount allowable for Small Dollar Purchases, the procurement is presumed to exceed the Small Dollar Purchase authority and a competitive procurement method must be used (e.g., RFQ, ITB or informal quotes). If an estimate of total expenditures cannot be determined, but may exceed the bid threshold, a competitive process should be followed.
    2. Purchases from Small/Minority/Women/Service Disabled Veteran Owned Businesses:
      1. All Institutions, in accordance with state and federal law, shall actively promote and encourage diversity participation with small, minority, women and service disabled veteran owned businesses as further defined in Exhibit 2 to this policy.
      2. Institutions shall encourage business to seek certification by the Governor’s Office of Diversity Business Enterprise (GoDBE), as applicable.
    3. Limitations of Liability
      1. The Chancellor, President, or their respective designee(s) may authorize the procurement of goods and services with a limitation of a contractor's liability.
      2. Unless authorized by the Chancellor or the Chancellor’s designee, no contract shall limit a contractor's liability to an Institution in an amount less than two (2) times the maximum liability, estimated liability, or maximum revenue of a contract.
      3. A limitation of liability in a contract with an Institution shall not be permitted for the following:
        1. Liability for intellectual property or to any other liability, including, without limitation, indemnification obligations for infringement of third-party intellectual property rights;
        2. Claims covered by any specific provision in a contract with the Institution providing for liquidated damages; or
        3. Claims for intentional torts, criminal acts, fraudulent conduct, or acts or omissions that result in personal injuries or death.
    4. A limitation of liability included in a contract with an Institution shall not waive or limit the Institution's legal rights, sovereign immunity, or any other immunity from suit provided by law.
    5. Notwithstanding the above, the Chancellor, President, or their respective designee(s) may authorize:
      1. The acquisition of software for use restricted solely to academic teaching or research upon terms that may limit the contractor's liability or warranties in an amount less than two (2) times the maximum liability; provided, that in no event, shall the liability of the contractor be limited for intentional torts, criminal acts or fraudulent conduct; and
      2. The acquisition of software or services, materials, supplies and equipment for free or at nominal cost upon terms that may limit the contractor's liability or warranties in an amount less than two (2) times the maximum liability; provided, that in no event, shall the liability of the contractor be limited for intentional torts, criminal acts or fraudulent conduct. T.C.A § 12-3-1210
    6. The provisions of this Section V.E, are not required to be followed for contracts of adhesion; for such contracts, the provisions of G-030, Contracts of Adhesion, may be applied.
  6. Procurement Methods
    1. The following methods may be used to procure goods and/or services:
      1. Small Dollar Purchases. Institutions may make non-recurring purchases totaling less than $25,000, cumulatively in expense or revenue, without documenting any quotes or proposals from multiple vendors. Purchasers should take appropriate steps, e.g. conducting price comparisons, processing appropriate agreement documents, etc., to ensure that such Small Dollar Purchases are made based upon terms, conditions and pricing that are in the best interest of the Institution.
      2. Informal Solicitations. Except as provided in Section 1. above for Small Dollar Purchases, Institutions may make purchases totaling less than $100,000 in expense or revenue, including renewal terms of multi-year awards, based upon written or electronic bids. Institutions shall solicit bids, by sending written documentation specifying the good and/or service being requested with detailed specifications, to at least three (3) Responsive/Responsible Bidders/Proposers. Informal bids do not require an original signature, and bids may be electronically transmitted. Complete file documentation shall be maintained, including documentation evidencing Institution’s efforts to achieve competition.
      3. Formal Solicitations. A formal solicitation process shall be used when the estimated aggregate total of the expense or revenue is $100,000 or more, including renewal terms of multi-year awards. Written sealed bids must be solicited from fifteen (15) vendors or the number of vendors on the Registered Vendors List--whichever is less and to all that request the specific ITB/RFQ/RFP. The Chief Procurement Officer must approve the use of less than fifteen (15) vendors. In addition, solicitations must be sent in a manner that verifies proof of delivery.
        1. The types of formal solicitations are provided below.
          1. Request for Information (RFI). An RFI may be used to gather information regarding the capabilities, including technical aspects and services offered, by various Suppliers/vendors for particular goods or services. The information resulting from the RFI shall typically be followed by a competitive process for the actual procurement.
          2. Invitation to Bid (ITB)/Request for Quotation (RFQ)
            1. Goods, materials, and supplies (cumulatively called "goods") should be awarded to the lowest Responsive and Responsible Bidder pursuant to an ITB/RFQ.
            2. An ITB/RFQ may be used to procure services, if the specifications for delivery of such services are defined to a level of detail such that award is made to the lowest Responsive and Responsible Bidder. Examples of this type of services may include, but are not limited to:
              1. pest control;
              2. security services;
              3. moving and hauling;
              4. refuse collections;
              5. charter services;
              6. printing services, and
              7. maintenance services
            3. At a minimum, Institutions shall use the attached ITB/RFQ Terms and Conditions, Exhibit 3.
          3. Request for Proposals (RFP).
            1. For competitive procurements of goods and/or services, where cost is not the only determining factor for award, a Request for Proposal using the Standard RFP Template (See Exhibit 4) should be used.
            2. An RFP shall specify all steps and evaluation criteria as necessary to finalize selection of the successful proposer.
            3. A multi-step RFP process should be used when additional steps are necessary to qualify and/or demonstrate the goods and/or services proposed.
          4. Determining Type of Solicitation.
            1. For competitive procurement of goods, an ITB/RFQ is appropriate, and in general, a purchase order may be used to finalize the purchase.
            2. Except as permitted under Section VI.A.3.(2)(b), for competitive procurement of services, an RFP is more appropriate, and a purchase order is generally not sufficient to serve as the written contract for the services.
            3. For procurement of services which will require TBR System Office approval, the Standard RFP Format shall be used.
      4. Reverse Auction. A reverse auction process allows for specified goods or services to be made electronically during a specified time period. When conditions are favorable, Institutions may elect to use a reverse auction procurement method to achieve maximum competition among qualified Respondents, and to obtain the highest level of quality at the lowest price for goods or services. An award shall be made to the lowest Responsive and Responsible bidder.
      5. Procurements Under Another State Entity’s Bid Process. Institutions may purchase goods or services using the competitive procurement process of another state entity. The process of the other state entity, except for the Central Procurement Office, must have specified that other Institutions would be permitted to purchase under the process. Institutions may purchase goods or services using the competitive procurement process of the Central Procurement Office which do not so specify. Institutions are strongly encouraged to include language in their competitive processes to allow extension of their process for use by other TBR and/or UT institutions as well as state departments. This Section does not preclude Institutions from using a Statewide Contract as a bid in accordance with its competitive bidding process.
      6. General Services Administration (GSA) Contracts. When a vendor maintains a General Services Administration (GSA) agreement with the United States of America, or any agency thereof, the Institution’s procurement office may directly negotiate with that vendor for the commodity/services provided for in the GSA agreement. The price shall not be higher than that contained in the contract between the General Services Administration and the vendor affected.
      7. State Manufactured Goods and Services. Institutions are required to purchase goods and services from other State agencies, e.g. Department of Correction, Tennessee Rehabilitative Initiative in Correction (TRICOR), Tennessee Business Enterprises, and Community Rehabilitation Agencies (CMRA) / TRUST in Tennessee, whenever such items or services are available therefrom and meet the desired conditions and standards. Such contracts may be based upon non-competitive negotiation. 
      8. Procurements under Cooperatives. Pursuant to the Tennessee Interlocal Cooperation Act, T.C.A. § 12-9-101, Institutions may purchase goods and services through TBR System Office approved Cooperative Purchasing Agreements. The current approved list of TBR contracted cooperatives may be found at: http://www.tbr.edu/purchasing/cooperatives 
      9. Emergency Purchases. Institutions may make purchases of goods or services, without utilizing formal solicitation procedures, to meet bona fide emergencies arising from any unforeseen cause. Bona fide emergency purchases must be approved by the Chancellor, President, or their designee, and file documentation of the circumstances of any such emergency shall be maintained. Emergency purchases must be made on a competitive basis and processed by the Institution’s procurement office, if practicable.
      10. Competitive Negotiation/Alternative Competitive Procurement Method.
        1. A competitive negotiation process may be used only in cases when the Institution is unable to obtain needed goods and/or services by a traditional competitive bid process. Reasons to use a competitive negotiation process include:
          1. Public need will not permit the delay incident to the RFP process;
          2. No acceptable proposals have been received after the RFP process;
          3. Rates payable for the services are regulated by law;
          4. Other circumstances as approved by the TBR System Office.
        2. The requesting party shall work with the Institution’s procurement office to define the process to ensure the safeguarding of the information and provide fairness to the vendors in the process. 
        3. Use of the competitive negotiation process requires prior approval of the Chancellor, President, or their designee.
        4. File documentation specific to each use of competitive negotiation shall be maintained.
      11. Non-Competitive Procurements
        1. Contracting with Another State/Governmental Entity. Personal, professional and consultant service contracts may be obtained by non-competitive negotiation when the contractor is a State Agency, a political subdivision of the state, or any other public entity in Tennessee, or an entity of the federal government.
        2. Sole Source and Proprietary Purchases.
          1. Whenever specifications are not so worded or designed to provide for competitive bidding, a Sole Source or Proprietary Purchase may be allowed. A Sole Source Purchase is available only from a single Supplier; a Proprietary Purchase allows for a competitive procurement process to be used that specifies a particular good or service.
          2. Written justification for Sole Source or Proprietary Purchases must be submitted in writing for approval by the Chancellor, President or their designee. The TBR Justification for Non-Competitive Purchases and Contracts Form (See Exhibit 5) must be completed and approved by the TBR System Office (when applicable).
          3. In addition to the Justification for Non-Competitive Purchases and Contracts Form, the following additional documentation may also be required as a part of the request:
            1. A letter from the Supplier, which details the basis for non-competitive procurement, based upon the factors listed in Section b.(4) below.
            2. Letter(s) from business and industry which supports the purchase of a particular good or service as industry or business standard.
            3. A letter from the manufacturer specifying their distribution practices, i.e. available only directly or through distributors.
              ​(Note: All letters mentioned in this section are to be provided on the originator’s company letterhead and must be signed by an authorized official of the company.)
          4. Factors to be considered in determining Sole Source and Proprietary Purchases include the following:
            1. Whether the vendor possesses exclusive and/or predominant capabilities or the items contain a patented or copyrighted feature providing superior utility not obtainable from similar products;
            2. Whether the product or service is unique and easily established as one of a kind;
            3. Whether the program requirements can be modified so that competitive products or services may be used;
            4. Whether the product is available from only one source and not merchandised through wholesalers, jobbers, and retailers;
            5. Whether items must be interchangeable or compatible with in-place items;
            6. Whether the cost of conversion, including but not limited to disruption, retraining, and replacement precludes bidding competitively;
            7. Whether the product is to be used in an instructional setting and the intent is to provide instruction on the specific product or diversity of products;
            8. For personal, professional and consultant services, whether the use of non-competitive negotiation is in the best interest of the Institution;
            9. Other justification(s) as approved by the Chancellor, President, or their designee.
        3. Purchases for Resale in Auxiliary Enterprises. Certain items for resale for which customers have expressed a preference, and/or promotional items procured under accepted retail merchandising practices, may be purchased without adherence to requirements for minimum notice and number of bids. Appropriate documentation shall be maintained which supports the action taken.
      12. Special Purchase Categories
        1. Purchases for Libraries:
          1. Each Institution shall be responsible for developing procurement policies and procedures for its library.
          2. Purchases of books, electronic or hard copy, are capital expenditures and can be made without formal bids or quotations.
          3. Purchases of electronic journals, subscriptions, and databases for libraries shall be procured through the Institution’s procurement or contract office in instances when a competitive process can be used or when Fiscal Review Committee is required.
          4. In addition, any required electronic or written agreements to license journals, subscriptions, or databases shall be routed through the Institution’s procurement or contracts office for review and approval prior to use.
          5. Appropriate documentation must be maintained for purchases to support Sole Source Purchase.
          6. Library purchases for electronic media may be subject to Accessibility Standards. (See Section XIV.)
        2. Grant Purchases
          1. Purchases utilizing grant funding shall comply with the conditions of the grant and applicable state and federal guidelines.
          2. State grant purchases for goods or services shall not be made from vendors on the State of Tennessee Debarred Vendors List, https://www.tn.gov/generalservices/procurement/central-procurement-office-cpo-/local-units-of-governments-/procurement-information.html 
          3. Federal grant purchases for goods or services shall not be made from vendors on the List of Parties Excluded from Federal Procurement and Non-Procurement Programs, available at https://www.sam.gov/SAM
        3. Utility Contracts
          1. Institutions shall purchase or contract for all telephone, electric light, gas, power, postal and other services for which a rate for the use thereof has been established by a public authority in such manner as the Institution deems to be in the best interest of the State of Tennessee.
          2. Each such purchase or contract shall be made on a competitive basis, whenever possible unless it has been determined that such purchase is single source. If such purchase has been determined to be single source, the purchase shall then be made pursuant to the section above related to Non-Competitive Negotiation.
      13. Gifts. Gifts do not require a procurement process subject to this policy. See TBR Policy 4.01.04.00 Solicitation and Acceptance of Gifts.
      14. Outsourcing. Institutions are encouraged to determine whether some services can be delivered more economically by the private rather than the public sector. The following process is hereby permitted and encouraged:
        1. The state's cost of the service may be ascertained and kept confidential as part of the evaluation process. This cost must be finally determined and provided to the Chancellor, President, as appropriate, in a sealed envelope prior to bid/proposal due date.
        2. The service may be the subject of an ITB/RFQ/RFP, as appropriate, which approximately describes the services provided by the TBR/Institution.
        3. The ITB/RFQ/RFP may require that if the proposer’s/bidder’s price exceeds the state’s confidential cost, the proposal/bid may be rejected.
  7. Procurement Processes
    1. Initiating a Purchase
      1. A Purchase Requisition or other appropriate documentation may be used by an Institutional department to request the Procurement Office procure a given good and/or service. All Purchase Requisitions/requests require sufficient detail, as specified by the Institution’s Procurement Office, to allow the proper processing to acquire the good and/or service (e.g. quantity, description, vendor, delivery instructions, etc.).
      2. Purchase requisitions/requests will result in one of the following:
        1. Purchase Order
        2. Contract
        3. Procurement Card Purchase
        4. Competitive Solicitation
    2. Purchase Order
      1. A purchase order means a written or electronic document issued by the Institution’s Procurement Office to a Supplier authorizing a purchase. Sending a purchase order to a Supplier constitutes a legal offer to buy products and/or services. Acceptance of a purchase order by a Supplier forms a contract between the TBR Institution and Supplier. Delivery by the Supplier constitutes acceptance of the purchase order. See Exhibit 6 for the Purchase Order (PO) Terms and Conditions.
    3. Contract
      1. A contract is a written agreement which conforms to TBR Guideline No. G–030, Contracts and Agreements, https://policies.tbr.edu/guidelines/contracts-guideline
    4. Procurement Card Purchase
      1. A procurement card purchase is an acquisition of goods and/or services using a payment method whereby purchasers are empowered to deal directly with Suppliers for purchases using a credit card issued by a bank or major credit card provider. Generally, a pre-established credit limit is established for each card issued. Procurement card purchases are subject to the requirements of Institution/TBR policies and applicable state laws.
    5. Competitive Solicitations
      1. Whenever a purchase necessitates a competitive solicitation, the solicitation may be a formal or informal process and may take the form of a Request for Quotation/Invitation for Bid (RFQ/ITB) or Request for Proposal (RFP), which may involve a multi-step process in order to determine the successful proposer. The steps and components defined below are required in a competitive solicitation, regardless of its form.
        1. Planning the Solicitation. Proper and sufficient planning should be performed to ensure the successful acquisition of the goods/services. Such planning may include, but not be limited to, the following:
          1. Determine appropriate method of procurement, i.e., ITB/RFQ/RFP, based upon nature and scope of deliverables being purchased;
          2. Estimate expected total expenditure or revenue;
          3. Confirm availability of funds for expenditure;
          4. Evaluate historical spending trends for the same or similar items;
          5. Draft open specifications using available information sources;
          6. For all ITB/RFQ/RFPs exceeding $100,000, written certification from the author or committee that the specifications, to the best of their knowledge, are not proprietary shall be documented in the bid file. (See Exhibit 7)
          7. Identify existing equipment, if any, as trade-ins;
          8. Define timeline for receipt of deliverables;
          9. Determine evaluation criteria, i.e. how an award will be made, i.e. lowest total cost, lowest cost per item or groups of items, best overall evaluated bidder, etc.
          10. Identify prospective vendors.
        2. Scope of Work and Specifications. Whenever possible, the scope of work and procurement specifications for goods and services shall be worded or designed to permit open and competitive solicitation.
          1. The scope of work is a detailed description of what is required of the vendor to satisfactorily perform or deliver what is required under the contract. The scope of work should provide a clear and concise description of the desired goods and/or services.
          2. Specifications used for competitive bidding shall be functional or performance specifications, when practicable, and must be clear, unambiguous and written to promote open and fair competition. Specifications may take the following forms:
            1. Descriptive Specifications. A descriptive format consists of a conventional listing or paragraph text description of specification data and should; if practicable:
              1. Identify the product using generic terminology in the description;
              2. List any characteristics that determine performance capability and identify those characteristics that are essential in order to meet performance requirements; and
              3. Detail the minimum or maximum acceptable performance requirements for each characteristic with as much tolerance and flexibility as practicable.
            2. Specifications Based on Brand Name.
              1. All brand and model numbers used for the purchase of goods must be those in current production and available in the market. The use of brand and model names alone will not be permitted as a substitute for performance or functional specifications, unless providing performance or functional specifications is impracticable. When an item is specified by the use of brand names, the words "or equal" should be included.
              2. Reference to brand names, trade names, model numbers, or other descriptions peculiar to specific brand goods, is made to establish a required level of quality and functional capabilities. It is not intended to exclude other goods of comparable quality or functionality. Comparable goods of other manufacturers will be considered if proof of comparability is contained in the response.
              3. It shall be the responsibility of the vendors, including vendors whose product is referenced, to furnish with the bid such specifications, catalog pages, brochures or other data as will provide an adequate basis for determining the quality and functional capabilities of the product offered. Failure to provide this data may be considered valid justification for rejection of a bid.
            3. Specifications Based on Standard Specifications and Scopes of Work. Institutions may develop standard specifications and scopes of work for the procurement of goods and/or services which fit, insofar as possible, the requirements of the majority of its departments that use the same.
            4. Specifications Based on Catalogs, Price List, or Price Schedules. Specifications may require vendors to respond to a solicitation using a plus (+) percentage (%), minus (-) percentage (%), or net cost offered as a discount or surcharge applying to the goods listed in the catalog, price list, or price schedule described within the solicitation. Solicitations of this type shall include a specific list of items for competitive analysis.
            5. Specifications Based on Qualified Goods List. Specifications may include a list of pre-approved brands and model numbers that meet the requirements. Whenever such pre-approved items are listed, the solicitation shall provide an opportunity for the submittal of additional items for consideration by the Institution for inclusion in the approved brands/model numbers. If additional items are approved for bidding, notification shall be provided to all bidders. The decision to approve additional brands/models for bidding shall be at the sole discretion of the Institution.
            6. Life Cycle Costing. The life cycle costs of commodities as developed and disseminated by the federal government shall be used as feasible. In determining life cycle costs, the following factors may be considered in the bid evaluation:
              1. the acquisition cost of the product;
              2. the energy consumption and the projected energy cost of energy over the useful life of the product; and
              3. the anticipated resale or salvage value of the product.
            7. Energy Efficiency Standards. Energy Star is a joint program of the U.S. Environmental Protection Agency and the U.S. Department of Energy that has established energy efficiency standards utilized by the federal government in its contracting for major energy-consuming goods. The Energy Star website, http://www.energystar.gov/, provides a qualified list of goods meeting Energy Star’s minimum energy specifications, life cycle costing calculations, life cycle cost formula information, and qualified goods that meet Energy Star’s rating for using less energy and helping to protect the environment. Institutions may use goods listed on the Energy Star website’s list of qualified goods as “acceptable brands and models” on bid documents. Office equipment, appliances, lighting, and heating and cooling products and systems purchased by Institutions shall be Energy Star qualified; provided, that such Energy Star qualified products and systems are commercially available.
            8. Specifications to Permit Remanufactured/Recycled/Re-Refined/ Used Goods. All goods offered and furnished must be new unless the ITB/RFQ/RFP specifically permits offers of used, remanufactured, or reconditioned. ITBs/RFQs/RFPs which specifically permit offers of used, remanufactured, or reconditioned goods shall require a warranty; however, the Chancellor, President, or designee shall have the authority to waive this requirement. For applicable procurements, whenever an Institution deems such to be advantageous, specifications may be worded or designed so as to permit bidding of remanufactured/recycled/re-refined/used goods. Such specifications shall be comparable in use and quality to new materials, supplies and equipment.
            9. Specifications for Purchases of Chemical Products. Specifications for purchases of chemical products shall require the vendor to provide a material safety data sheet (MSDS) for such chemical products as listed on the national MSDSSEARCH repository. A site, operated by or on behalf of the manufacturer or a relevant trade association shall be acceptable so long as the information is freely accessible to the public.
        3. Drafting the Solicitation. The Institution’s procurement office will prepare a solicitation document using the information developed during solicitation planning. The solicitation document shall include sufficient information to permit a complete and accurate bid/proposal and shall, at a minimum, contain the following information:
          1. The required sole point of contact from the Institution;
          2. The time and place that bids will be received and opened;
          3. Information describing the purpose of the procurement, technical requirements, bidder qualifications, and any other information considered relevant to the goods or services being acquired;
          4. The quantity of goods or services required;
          5. If the estimated expenditure or revenue exceeds $100,000 annually, the solicitation document shall specify at least one question/answer period and/or pre-bidders’ conference, with a written record of questions and responses provided to all prospective bidders;
          6. Expected time of delivery;
          7. Amount of insurance, bid or performance bond, if any;
          8. Pro-forma contract, if applicable, containing the terms and conditions required by the Institution;
          9. Description of the criteria used to evaluate bids/proposals;
          10. Date bids/proposals will be available for public inspection;
          11. An inquiry to bidder regarding whether other TBR/UT institutions and/or state agencies may purchase from the contract; and if so, the period of time during which the contract terms and pricing will be available to other institutions; and
          12. Standard terms and conditions applicable to the solicitation.
        4. Minimum Notice and Number of Bids. The minimum required notice and number of bids for competitive solicitations shall be as follows:
          1. If the estimated amount of the purchase (or revenue) is $25,000 but less than $100,000, written or electronic bids must be solicited from at least three (3) qualified vendors. 
          2. If the estimated amount of the purchase (or revenue) is $100,000 or more, written sealed bids must be solicited from fifteen (15) vendors or the number of vendors on the Registered Vendors List--whichever is less and to all that request the specific Solicitation. The Institution’s Chief Procurement Officer must approve the solicitation of less than 15 bids.
          3. If the annual estimated amount of the purchase is $100,000 or more, solicitations must be sent in a manner that verifies proof of delivery.
          4. An ITB/RFQ for goods and services must be sent at least fourteen (14) days (ten (10) days when all vendors are local vendors) before the date that the bids are scheduled to be opened. The Chief Procurement Officer may approve a shorter number of days for policy or electronic informal bids, as applicable.
          5. For RFPs and applicable ITB/RFQs, e.g. an ITB/RFQ having requirements in addition to or other than the purchase of goods, a minimum of four (4) to six (6) weeks should be allowed for vendors to adequately prepare a competitive proposal based on the method of RFP or ITB/RFQ delivery, bid specifications and pre-bid/proposal questions, comments, and responses. Examples of solicitation processes which would need to allow at least six (6) weeks include, but are not limited to:
            1. Banking and other financial services;
            2. Bookstore and food services operations;
            3. Custom software and or IT system services;
            4. Advertising management services, and
            5. Any other bid for which the additional time is appropriate.
          6. A vendor’s general or standing request for notice for all Solicitations of a given type shall not suffice as a request for a specific Solicitation and shall create no obligation on the Institution.
        5. Communication with Bidders/Proposers. When specified in the solicitation document, all bidders shall communicate only with the procurement sole point of contact. Failure of the bidder to communicate with the procurement sole point of contact may result in disqualification. Amendment and/or modifications to the requirements shall be in writing and provided to all prospective Respondents. No solicitation may be orally modified or amended.
        6. Pre-Bid/Proposal Conference/Question and Answer Period. If appropriate, a pre-bid/proposal conference and/or a question and answer period shall be included in the solicitation process. The purpose of the pre-bid/proposal conference and question and answer period is to provide prospective bidders/proposers the opportunity to submit questions/comments regarding the solicitation. A written record of all questions/comments submitted along with the Institution’s official responses is to be prepared and made available to all prospective bidders, as an addendum to the solicitation document. Bids/proposals shall take into consideration any and all amendments to the solicitation document, and responses shall reflect any changes made to the solicitation. Should extensive changes to a solicitation document be required, the Institution may elect to cancel the solicitation and reissue it based upon a revised solicitation document.
        7. Delivery of Bids/Proposals. Bids/Proposals must be received at the specified location on or before the date and hour designated for bid opening. All bids received shall be date and time stamped to show compliance with the designated opening date and time. Late bids will be rejected and may be retained unopened in the bid file or returned to the bidder/proposer upon their request. Whenever an unopened bid is returned to a vendor, a written record shall be maintained.
        8. Vendor’s Information on Bid. Each bid should include the full name and business address of the bidder. If the vendor is a corporation, the name shall be stated as it appears in its corporate charter. Any resulting contract or purchase order will be issued to the business name specified in the bid.
        9. Bid Format and Signature. Bids must be in the form specified by the Institution. All formal bids must bear a signature. The signatory on the bid must have authority to bind the company in the contract.
        10. Bid Withdrawal, Revision, and Rejection.
          1. Bid Withdrawal.
            1. Before bid opening, a vendor may be permitted to withdraw a bid entirely and/or submit a substitute bid. The vendor making such a request must submit suitable identification.
            2. After bid opening, a vendor will be permitted to withdraw a bid only where there is obvious clerical error in the bid such as a misplaced decimal point, or when enforcement of the bid would impose unconscionable hardship due to an error in the bid resulting in a quotation substantially below the other bids received. Withdrawal of a bid after bid opening will be considered only upon written request from the vendor. In cases of errors in the extension of prices in the bid, the unit price will govern.
          2. Bid Revision.
            1. A bid may not be revised after bid opening, however, after evaluation is completed and the successful bidder/proposer is selected, the Institution may initiate negotiations which serve to alter the bid/proposal in a way favorable to the Institution. For example, prices may be reduced, time requirements may be revised, the bid/proposal may be revised to supply omitted contract terms, etc.
            2. In no event shall negotiations increase the cost or amend the proposal such that the apparent successful proposer no longer offers the best proposal.
          3. Bid Rejection.
            1. All bids shall be subject to rejection by the Chancellor or designee, or President or designee.
            2. Any proposal that restricts the rights of the Institution or otherwise qualifies or limits the bid/proposal may be considered to be Non-Responsive, and the bid/proposal may be rejected.
            3. If the Institution determines that a bidder/proposer has provided information which the proposer knew or should have known was materially incorrect, or was not submitted independently without collusion, the subject bid/proposal may be determined Non-Responsive and may be rejected, and the bidder/proposer may be excluded from the solicitation opportunities.
            4. Action to reject all bids shall be taken only for unreasonably high prices, errors in the ITB/RFQ/RFP, cessation of need, unavailability of funds, failure of all proposals to meet technical specifications, lack of competition, a determination that the goods/services can be more economically delivered pursuant to an agreement with another TBR institution of other State Agency, or a determination that proceeding with the procurement would be detrimental to the best interests of the Institution, the reason for which must be documented and approved by the Chancellor, President, or their respective designees.
            5. When it becomes necessary to reject all bids, in a formal solicitation process, the reason for such rejection must be set out in complete detail and made available to all bidders who submitted a bid.
            6. If another solicitation document is to be issued, all prior bids/ proposals shall remain closed to inspection by the public until the evaluation of the re-bid is complete.
        11. Acceptance of Bids/No Rights Created.
          1. Notwithstanding any provision contained herein or in any solicitation document, submission of a bid/proposal shall not create rights, interests or claims of entitlement in any bidder/ proposer, including the successful bidder/proposer. Notwithstanding any action or agreement to the contrary, no such right, interest, or claim shall exist unless and until a purchase order has been issued or a Fully Executed Contract is issued.
        12. Evaluation of Bids Received in Response to an ITB/RFQ.
          1. When more than one item is specified in the bid, the Institution may specify in the bid document that it shall have the right to determine the low vendor(s) either on the basis of each individual item, a group of items, or the total of all items.
          2. The contract for purchase shall be awarded to the lowest Responsive and Responsible bidder which meets the required specifications, taking into consideration quantifiable factors including but not limited to the conformity of the goods and/or services to the specifications, any discount allowed for prompt payment or other reason(s), transportation charges, and the date of delivery specified in the solicitation.
        13. Evaluation of Bids Received in Response to an RFP.
          1. An RFP includes subjective as well as objective evaluation criteria. Evaluation of proposals submitted in response to an RFP is based upon a points system, whereby a contract for purchase of goods or services is made to the best evaluated proposer and not necessarily the lowest cost proposer.
          2. The RFP requires that a proposal contain separately sealed technical and cost proposals. The goal is to permit the evaluation of a proposal’s technical capabilities by a selected group of evaluators without considering the cost factor.
          3. Compliance with the mandatory RFP requirements shall be determined by the Solicitation Coordinator in consultation with the Chief Business Officer or designee.
          4. Evaluation of technical offers shall be determined by an Evaluation Team. Members of the Evaluation Team should be adequate and appropriate to the scope and nature of the RFP. Members of the Evaluation Team must complete the Evaluator Conflict of Interest/Confidentiality Form (See Exhibit 8)
          5. Procurement department representatives shall review the proposals to ensure procurement procedures were followed and shall offer guidance to the Evaluation Team, but shall not serve on the Evaluation Team, and shall not score technical proposals received, except in instances where the RFP is directly related to a good/service needed by the procurement department.
          6. Any technical offers shall be evaluated based on the criteria of the RFP and other information learned during the technical evaluation process.
          7. Technical offers not deemed acceptable will not proceed to the pricing phase. Cost proposals shall not be opened if the associated technical proposal has been deemed Non-Responsive and is rejected by the Institution.
          8. Technical proposals must not include any cost proposal information. Inclusion of cost proposal information in a technical proposal will result in automatic disqualification of the proposal without further consideration.
          9. Technical proposals are opened and scored separately prior to cost proposals being opened/evaluated. Once technical scores are finalized, the Solicitation Coordinator will open and score the cost proposals based upon the criteria as set out in the RFP, with the lowest cost bidder receiving the highest score and remaining proposers receiving a pro-rated score thereafter.
        14. Site Visits and Presentations.
          1. A solicitation may provide for site visits to bidder/proposer locations by evaluators and/or presentations by bidders/proposers as part of the evaluation process. In such event, any scores resulting from these activities will be applied prior to the opening of the cost proposal.
        15. Tied Responses – Resolution.
          1. A tie exists when two or more Respondents offer goods or services that meet all specifications, terms and conditions at identical prices including cash discount offered for prompt payment. A tie will be broken by considering the following factors, in descending order:
            1. First preference shall be given to a “Tennessee Bidder”. Pursuant to T.C.A. § 12-3-1113(c)(2), a “Tennessee Bidder” means a business that is:
              1. Incorporated in this State;
              2. Has its principal place of business in this State; or
              3. Has an established physical presence in this State.
            2. Second preference shall be given to the bidder who was the low bidder on other items being bid for the same requisition.
            3. Third preference shall be given to the bidder who offers the best delivery.
            4. If a tie remains, it shall be broken by lot or coin toss.
        16. Notice of Intent to Award.
          1. For RFPs and applicable ITB/RFQs, a notice of intent to award shall be sent to all responsive and Responsible Bidder/Proposers containing, at a minimum, the content provided by the TBR System Office.
        17. Alternate Bids.
          1. Alternate bids will not be considered unless specifically called for in the bid.
        18. The scope of the good(s)/service(s), as defined in the solicitation, shall form the basis of the resulting contract and cannot be expanded beyond the scope of the final solicitation document.
        19. In order to provide a clear audit trail, the ITB/RFQ/RFP file (hard-copy or electronic) shall contain, at a minimum, the following:
          1. Documentation from the requesting department
          2. A copy of the ITB/RFQ/RFP issued (including specifications),
          3. A list of vendors for the solicitation, including the date vendors were sent the ITB/RFQ/RFP and bidders actions,
          4. For RFPs and applicable ITBs/RFQs, any pre-bid questions/responses or addendums to the ITB/RFQ/RFP,
          5. Any vendor correspondence (i.e. intent to propose letters, questions, etc.),
          6. For RFPs and applicable ITB/RFQs, all documentation relating to the composition of the Evaluation Team and the evaluation documentation used to make the award,
          7. As applicable, any documentation that warrants a re-bid of the ITBs/RFQ/RFP,
          8. Any informal bid complaints and the respective responses/actions,
          9. Any formal bid protests,
          10. As applicable, copies of intent to award letters,
          11. Purchase order and/or contract or respective reference information, and
          12. And any other documentation applicable to the procurement.
    6. Exemptions
      1. Certain procurements/payments, as specified by the Institution, may be exempted from these processes/procedures. These include but are not limited to the following:
        1. Telephone bills
        2. Utility bills, including connection fees
        3. Internet Connection Fees
        4. Freight charges
        5. Postage charges
        6. Notary public fees
        7. Fees in connection with titles or title searches
        8. Vehicle rental while on approved travel
        9. Tuition, fees, and supplies for state employees
        10. Emergency medical expenses               
  8. Protested Bids
    1. Right to Protest.
      1. Protest procedures shall be included, or a link thereto, in all ITBs/RFQs/RFPs.
      2. An Aggrieved Respondent may protest, in writing, to the Chief Procurement Officer within seven (7) Calendar Days from the date of notice to award. Protests must be received by the Institution’s Procurement Office no later than the close of business of the seventh Calendar Day.
      3. The following are the sole grounds for a protest:
        1. The contract award was arbitrary, capricious, an abuse of discretion, or exceeded the authority of the awarding entity;
        2. The procurement process violated a constitutional, statutory, or regulatory provision;
        3. The awarding entity failed to adhere to the rules of the procurement as set forth in the solicitation and this failure materially affected the contract award;
        4. The procurement process involved responses that were collusive, submitted in bad faith, or not arrived at independently through open competition; and
        5. The contract award resulted from a technical or mathematical error during the evaluation process.
      4. Any issues not raised by the protesting party after the seven (7) Calendar Day period shall not be considered as part of the protest.
      5. Protests shall include the required bond, as specified in Section VIII.C, below. Protests received which do not include the required bond shall not be considered. See Exhibit 9 for sample protest bond.
    2. Signature on Protest Constitutes Certificate.
      1. A protest must be signed by an authorized company representative, who certifies that they have read such document, that to the best of their knowledge, it is well grounded in fact and that it is not submitted for any improper purpose, such as to harass, limit competition, or to cause unnecessary delay or needless increase in the cost of the procurement or of the litigation.
      2. If the protest is submitted in violation of any provisions of this Section VIII.B, appropriate sanctions, which may include removal from future bid opportunities and forfeiture of the protest bond, may be imposed.
    3. Protest Bond
      1. The protesting party shall post, with the Chief Procurement Officer of the Institution, at the time of filing a notice of protest, a bond payable to the Institution in the amount of five percent (5%) of the lowest cost proposal evaluated or five percent (5%) of the highest revenue proposal evaluated. Calculation of the value of the bond shall be made based on the total value of the procurement, including any renewals thereof. Such protest bond shall be in form and substance acceptable to the Institution and shall be immediately payable to the Institution conditioned upon a decision by the Chief Financial Officer or designee that:
        1. A violation of Section VIII.B.;
        2. The protest has been brought or pursued in bad faith; or
        3. The protest does not state on its face a valid basis for protest.
      2. The Institution shall hold such protest bond for at least eleven (11) Calendar Days after the date of the final determination by the Chief Financial Officer.
      3. At the time of filing notice of a protest of a procurement in which the lowest evaluated cost proposal is less than one million dollars ($1,000,000), or in which the highest evaluated revenue proposal is less than one hundred thousand dollars ($100,000), a minority, women, small or service disabled veteran-owned business protesting party may submit a written petition to the Chief Financial Officer for exemption from the protest bond requirement.
        1. Such a petition must include clear evidence of business classification which shall be validated with the ethnicity information supplied with the solicitation. The petition shall be submitted to the Chief Financial Officer who has seven (7) Calendar Days in which to make a determination.
        2. If an exemption from the protest bond requirement is granted, the protest shall proceed as though the bond were posted.
        3. Should the Chief Financial Officer deny an exemption from the requirement, the protesting party shall post the bond with the Chief Procurement Officer of the Institution as required in Section VIII.C.1. within five (5) Calendar Days of the determination.
      4. Authority to Resolve Protest.
        1. The Institution’s Chief Procurement Officer has the authority to resolve the protest. If deemed necessary, the Institution’s Chief Procurement Officer may request a meeting with the protesting party to seek clarification of the protest issues.
        2. The final determination of the Institution’s Chief Procurement Officer shall be given in writing and submitted to the protesting party.
        3. The protesting party may request that the final determination of the Institution’s Chief Procurement Officer be considered by the Institution’s Chief Financial Officer. The request for consideration shall be made in writing to, and received by, the Institution’s Chief Financial Officer within seven (7) Calendar Days from the date of the final determination by the Institution’s Chief Procurement Officer.
        4. The Institution’s Chief Financial Officer has the authority to review and resolve the protest. If deemed necessary, the Institution’s Chief Financial Officer may request a meeting with the protesting party to seek clarification of the protest issues. The final determination of the Institution’s Chief Financial Officer shall be given in writing and submitted to the protesting party.
        5. The protesting party may request that the final determination of the Institution’s Chief Financial Officer be considered by the Chief Executive Officer, or President of the Institution. The request for consideration shall be made in writing to, and received by, the Chief Executive Officer or President within seven (7) Calendar Days from the date of the final determination by the Institution’s Chief Financial Officer.
        6. The Institution shall have no longer than sixty (60) Calendar Days from receipt of the protest to resolve the protest.
        7. The protesting party may request that the final determination of the President be considered by the Chancellor. The request for consideration shall be made in writing to, and received by, the Chancellor within seven (7) Calendar Days from the date of the final determination by the President.
        8. The determination of the Chancellor or designee is final and shall be given in writing and submitted to the protestor.
        9. Should the Institution fail to acknowledge receipt of a protest within fifteen (15) Calendar Days and to resolve the protest within sixty (60) Calendar Days, the protesting party may request that the Chancellor consider the protest. Such request shall be in writing and received by the Chancellor within seven (7) Calendar Days from the expiration of the sixty (60) day period.
      5. Stay of Award
        1. Prior to the award of a contract, a proposer who has protested may submit to the Institution’s Chief Procurement Officer a written petition for stay of award. Such stay shall become effective upon receipt by the Institution’s Chief Procurement Officer.
        2. The Institution’s Chief Procurement Officer shall not proceed further with the solicitation process or the award until the protest has been resolved in accordance with this section, unless the Institution’s Chief Financial Officer makes a written determination that continuation of the solicitation process or the award without delay is necessary to protect substantial interests of the Institution.
  9. Reports
    1. Reports shall be submitted to the TBR System Office as follows:
      1. Small/Minority/Women/Veteran-Owned Business Report. This quarterly report, required by T.C.A. § 12-3-1107, consists of transactions with minority-owned, women-owned, small, service disabled veteran-owned businesses shall be reported to the TBR System Purchasing and Contracts Office on a quarterly basis (January March, April June, July-September, and October December). A comprehensive report is submitted to the Governor’s Office of Diversity Business Enterprise (GoDBE).
      2. Contracts Report. This quarterly report consists of contracts for all personal, professional, and consulting contracts exceeding $5,000. This report shall also include non-competitive contracts with a value of $50,000 and greater. This report shall be reported to the TBR System Purchasing and Contracts Office. A comprehensive report is then submitted to the State’s Fiscal Review Committee.
      3. ITB/RFQ/RFP Diversity Report. This quarterly report consists of contracts/purchase orders issued from request for quotations and request for proposals for goods and/or services pursuant to T.C.A. § 12-3-1107 and shall be reported to the TBR System Purchasing and Contracts Office. A comprehensive report is then submitted to the Governor’s Office of Diversity Business Enterprise (GoDBE).
      4. Senate, Finance, Ways and Means Report. This annual report consists of a list of all contracts (both goods and services) with a value of $50,000 or greater (both revenue and expenditure contracts).  This request includes all contracts currently active. This shall be reported to the TBR Business and Finance Office. A comprehensive report is then submitted to the Senate Finance, Ways and Means Committee.         
  10. Vendors
    1. Vendor Registration. Each Institution shall maintain a process by which prospective vendors may register to conduct business with the Institution.
      1. The Institution’s registration system shall enable the Institution to generate a list of vendors who have registered to provide specific commodity classes.
      2. The Institution may require the vendor to submit information (other than the vendor application) which demonstrates its ability to provide certain goods or services prior to inclusion on the list of vendors.
    2. Tennessee Statutory Vendor Requirements/Registration
      1. Illegal Immigrants
        1. No person may enter into a contract to supply goods or services to the Institution without first attesting in writing that the person will not knowingly utilize the services of illegal immigrants in the performance of the contract, and will not knowingly utilize the services of any subcontractor who will utilize the services of illegal immigrants in the performance of the contract. T.C.A. § 50-1-103.
      2. Sales and Use Tax
        1. No person may enter into a contract to supply goods or services to an entity without first registering registered or receiving an exemption from the Department of Revenue for the collection of Tennessee sales and use tax. T.C.A. § 67-6-601–608.
      3. Pursuant to T.C.A § 62-6-101 et seq., construction bids with an estimated total of $25,000 or greater require bidders to provide its TN contractor’s licensure information, including classification and date of expiration with its bid response.
    3. Removal from Vendors List
      1. Vendors who fail to provide adequate goods and/or services may be removed from the vendors list.
      2. Reported failure to comply with bids, awards, and/or orders, etc. shall be documented and maintained.
      3. Examples of failure to comply include but are not limited to:
        1. Over, under and/or late shipments;
        2. Failure to ship;
        3. Damaged and/or defective products;
        4. Shipments not in conformance with specifications;
        5. Unauthorized substitutions.
      4. Other principal causes for removal from the vendor list are:
        1. Billing Errors;
        2. Service Deficiencies;
        3. Unethical Practices;
        4. Misrepresentation of Merchandise;
        5. Unwillingness to amend impermissible clauses;
        6. State or federal debarment status.
      5. Failure of a vendor to perform satisfactorily in any of the above areas may result in a vendor's liability for damages to the Institution.
  11. Receiving
    1. Freight, Shipping, Receipt, Storage and Inspection of Goods.
      1. Freight and Shipping. There are two (2) types of shipping: FOB Destination and FOB Origin.
        1. Free On Board (FOB). “FOB” is an acronym for "free on board" when used in a sales contract. The seller agrees to deliver merchandise, free of all transportation expense, to the place specified by the contract.
          1. FOB Destination. Under “FOB Destination,” title and risk remain with the seller until it has delivered the goods to the location specified in the contract. FOB Destination is the standard method for institutional shipments.
          2. FOB Origin. “FOB Origin” means that title and risk pass to the buyer at the moment the seller delivers the goods to the carrier. The parties may agree to have title and risk pass at a different time or to allocate shipping charges by a written agreement. In order to agree to FOB Origin, the vendor or Institution must provide shipment protection for the Institution’s interest.
        2. Receipt. Upon receipt of supplies, materials, and equipment, the receiving Institution shall promptly make a written certification that the items received were equal in quality and quantity to those purchased by entering verification on the receipt documents (hard-copy or eProcurement). The Institution’s copy of the Purchase Order may be used to verify goods or services received.
        3. Shipping Documents. Upon delivery, the Institution shall:
          1. Verify that the shipping documentation names the Institution as the actual consignee and that the number of cartons, crates, etc., listed is the same as the amount received.
          2. Examine containers for signs of external damage or pilferage. If signs of damage or pilferage are obvious or suspected, it must be noted on each copy of the freight bill and signed (not initialed) by the delivering driver.
          3. Sign the freight bill and retain a copy for Institution’s records. The notation "SUBJECT TO FURTHER INSPECTION" may accompany the Institution or central receiving’s signature.
          4. Count and inspect the internal contents of all boxes, crates or cartons to determine that the material received matches the description listed on the packing slip, receiving documents, and/or purchase order, in regard to quantity, quality, size, color, model number, specifications, etc. and record in the Institution’s eProcurement system.
          5. If any discrepancies (i.e. wrong item(s), overages, shortages, damages) exist, they must be noted on the packing slip, receiving report, and/or purchase order. Appropriate corrective action shall be taken for all discrepancies.
          6. All receiving records should indicate the quantity and date received and any other information pertinent to the receiving process.
          7. The material received must be retained or sent to the proper department. Damaged goods deemed unacceptable are to be retained for further disposition.
  12. Contract Monitoring
    1. Service Contracts. All service contracts shall contain a provision that states that the contractor’s activities shall be subject to monitoring by the Institution and/or state officials. These contract types include, but are not limited to:
      1. Personal Service
      2. Professional Service
      3. Software Related Agreements
      4. Grants, including subcontracts
      5. Memorandums of Understanding
    2. Monitoring Plan. Institutions shall maintain a monitoring plan (See Exhibit 10) for all service contracts to ensure the following:
      1. Contract performance in terms of progress and compliance with contract provisions;
      2. Communication with Contractor to ensure maximum performance and intended results;
      3. Financial obligations of the Institution do not exceed the contract pricing;
      4. Deliverables are received;
      5. Appropriate approval and remittance of payments for acceptable work are in accordance with contract provisions and applicable law;
      6. Maintenance of records for each contract that documents activities such as procurement, management, and sub-recipient monitoring, if applicable; and
      7. Evaluation of contract results in terms of the achievement of organizational objectives.
    3. Goods, Materials and Supplies. Procurement of goods, materials, and supplies under this policy shall not require a monitoring plan, but shall comply with TBR and Institution internal controls and audit procedures.        
  13. Surplus Property
    1. Surplus property is personal property which has been determined obsolete, outmoded, unusable or, no longer usable by the Institution, or property for which future needs do not justify the cost of maintenance and/or storage.
    2. Disposal of such property must be in accordance with TBR Policy No. 4:02:20:00, Disposal of Surplus Personal Property.
  14. Accessibility
    1. Institutions shall seek to afford persons with disabilities the opportunity to use Informational/instructional and technologies to acquire the same information, engage in the same interactions, and enjoy the same services as a person without a disability in an equally effective and equally integrated manner, with substantially equivalent ease of use.
    2. Institutions shall include language in applicable procurements that the products/services, including any updates, provided to the Institution will meet the accessibility standards set forth in WCAG 2.0 AA (also known as ISO standard, ISO/IEC 40500:2012), EPub 3 and Section 508 of the Vocational Rehabilitation Act.
    3. When signature is required by the Institution, to demonstrate that the vendor’s product complies with the aforementioned accessibility standards, the vendor shall verify accessibility by completing the Vendor Product Accessibility Statement and Documentation Form (See Exhibit 11). If the vendor is not compliant with the aforementioned accessibility standards, the vendor shall describe by using the Accessibility Conformance and Remediation Form its plan for product/service compliance.
  15. Fiscal Review
    1. Certain procurements/contracts must be also filed with and reviewed by the State’s Fiscal Review Committee. This includes procurements/contracts that meet all of the following criteria:
      1. Contracts that are non-competitive; and
      2. Contracts that have the potential of being for a period of more than one year; and
      3. Contracts that exceed $250,000 in total value (including all potential renewals)
    2. For all procurements/contracts that meet these criteria, the Institution shall work with the TBR System Office to produce/coordinate the documentation required for Committee submittal/review.
  16. Bonds
    1. Performance Bonds
      1. The Institution may require a bond to secure a Contracting Party’s performance of a contract.
      2. When required, the amount of the bond shall be stated as a percentage of the contract price (but may not exceed 100 percent (100%) of the total contract price), and the amount may be reduced proportionately after contract award or performance under the contract moves forward successfully.
      3. All bonds must be filed with the Institution within fourteen (14) Calendar Days after receipt of request. Personal checks shall not be acceptable in the place of performance bonds. However, bank cashier’s checks shall be accepted.
      4. An irrevocable letter of credit or a certificate of deposit, which shall be held by the Institution from a State or national bank or a State or federal savings and loan association having a physical presence in Tennessee may be accepted by the Institution in lieu of a performance bond, subject to approval of the terms and conditions of said irrevocable letter of credit or certificate of deposit.
    2. Bid bonds.
      1. A bid bond is a surety bond issued by an insurance company, bank, or other financial institution, to ensure that the winning proposer will enter into a contract.
      2. All bid bond amounts shall be stated as a set amount or as a percentage of the contract value. In no event shall the bid bond amount exceed five percent (5%) of the estimated value of the contract.
      3. Bid bonds submitted by unsuccessful Respondents shall be returned upon contract award.
      4. Personal checks shall not be accepted in the place of bid bonds.
      5. Other forms of security to guarantee a bid bond may include an irrevocable letter of credit or a certificate of deposit or cashier’s check from a state or national bank or a state or federal savings and loan association or other financial institution having a physical presence in Tennessee.
      6. The terms and conditions of all forms of security to guarantee a bid bond shall be approved by the Institution before they are accepted as security for the Respondent’s performance.
      7. In addition to any applicable requirement of T.C.A. § 12-4-201, no contract for the services of a construction manager shall be awarded for any public work in this state by any city, county or state authority or any board of education unless there is posted at the time of the submittal of a bid for services by a construction manager a bid bond equal to ten percent (10%) of the value of the services proposed and the value of the work to be managed or may at the time of contracting provide payment and performance bonds in amounts equal to the combined monetary value of the services of the construction manager and the value of the work to be so managed. T.C.A. § 62-6-129.
    3. Payment Bonds
      1. A payment bond is a good and solvent bond to ensure that the contractor will pay for all the labor and materials used by the contractor, or any subcontractor under the contractor, in such contract.
      2. No institution shall award any contract in excess of $100,000.00 for public work until a payment bond of twenty-five percent (25%) of the contract price is provided by the contractor to the Institution.
      3. Where advertisement is made, the solicitation shall include the bond requirement. T.C.A. § 12-4-201.
    4. Protest Bond - Refer to Section VIII. C., above.
  17. Strategic Sourcing Group
    1. The Strategic Sourcing Group, primarily a subset of the Council of Buyers, shall seek opportunities to improve system-wide efficiencies by leveraging purchasing and sourcing resources across the TBR system. The Group shall seek advice and input from key functional areas in which procurement and sourcing needs are often common and substantial.
    2. The Group’s activities shall include, but not be limited to:
      1. Developing a framework of shared governance and accountability to ensure the System's approach to strategic sourcing is effective, responsive, and sustainable;
      2. Establishing new collective agreements and enhancing existing agreements to ensure that procurements are in the best interest of the System.
      3. Serving in an advisory capacity for system-wide agreements
  18. Prohibited Transactions
    1. No personal items shall be purchased through the Institution or from funds of the Institution for any employee of the Institution or any Immediate Family of any employee.
    2. No employee of an Institution responsible for initiating or approving requisitions shall accept or receive, directly or indirectly, from any person, firm or corporation to whom any contract may be awarded, by rebate, gift or otherwise, any money, or any promise, obligation or contract for future awards or compensation.
    3. Whenever any contract is awarded contrary to the provisions of TBR Purchasing Policy 4:02:10:00, the contract may be void and of no effect, and if the violation was intentional, the employee responsible for the purchase may result in disciplinary proceedings under TBR and Institutional policy. TBR Policy 1:02:03:10, Conflict of Interest.
  19. Procurement Policy
    1. Each institution shall maintain a written procurement policy (may be in electronic format) which sets forth any procedures of the Institution which are in addition to and necessary to comply with this policy.
  20. Exceptions

Any exceptions to the procedures outlined in this policy shall be subject to the approval of the Chancellor or designee and shall be requested in writing by the President or designee. Exceptions shall be made on a case-by-case basis. If an exception is made, a written determination signed by the Chancellor or designee shall be included in the procurement file.

Sources: 

Authority

T.C.A. § 49-8-203; All State and Federal statutes, codes, Acts, rules and regulations referenced in this policy

History

Source: TBR Meetings, March 5, 1976; June 30, 1978; December 12, 1980; September 18, 1981; June 25, 1982; September 30, 1983; September 20, 1985 ; December 4, 1987; June 24, 1988; June 30, 1989; September 22, 1989; September 21, 1990; June 28, 1991; June 25, 1993; September 23, 1994; September 20, 1996, March 7, 1997, December 5, 1997; March 27, 1998, December 4, 1998; June 28, 2002; June 27, 2003, April 2, 2004; September 30, 2005; December 8, 2006; March 30, 2007; June 29, 2007; September 28, 2007; March 28, 2008; December 4, 2008; June 19, 2009; TBR Board Meeting September 25, 2009. Revisions to Exhibits: 9/13. March 30, 2016: Complete policy revision and renaming (changed from Purchasing Policies and Procedures); Sept. 2018 ministerial revisions due to FOCUS Act and policy & guideline revamp, and deletion of Guideline B-120; Revision approved December 1, 2022, Board Meeting; Ministerial change December 9, 2022; Ministerial changes September 12, 2023. 

Policy Number: 
4.02.09.00
Policy/Guideline Area: 
Business and Finance Policies
Applicable Divisions: 
TCATs, Community Colleges, System Office
Purpose: 

The purpose of this policy is the establishment of procedures for the acquisition of property by the Tennessee Board of Regents.

Policy/Guideline: 
  1. Introduction
    1. Pursuant to T.C.A. §§ 49-8-111 and 49-8-203, the Tennessee Board of Regents (Board) has the authority to purchase and condemn land, and to receive donations of property (Solicitation and Acceptance of Gifts, Board Policy No. 4:01:04:00) on behalf of institutions governed by the Board, and to be vested with title to property so acquired.
    2. Any proposed acquisition of property by any manner shall be subject to the approval of the Chancellor.
  2. Procedures
    1. The approval of land acquisition by purchase or condemnation shall be subject to the following procedures:
      1. Each institution shall submit to the Chancellor for consideration and approval, a campus master plan or an amended master plan which indicates land acquisition needs, or an individual acquisition request.
      2. Upon approval of the campus master plan or amendment or an individual acquisition request, an institution may request a land acquisition by submitting the proper documentation for each proposed acquisition to the System Office. This documentation shall include:
        1. The justification of the need for the property;
        2. A description of and the location of the property;
        3. The estimated amount of funds required for the acquisition and the source of funds;
        4. A plat of the property;
        5. The name(s) of the present owner(s); and
        6. Deed to property.
      3. The property acquisition request will be submitted by the System Office to the Department of Finance and Administration (F&A) for submission to the State Building Commission (SBC) Executive Sub-Committee (ESC) for approval. After SBC ESC approval, F&A staff will obtain a title commitment, an appraisal, and a survey and prepare an option to purchase the property.
      4. If an option to purchase the property is signed by the seller, it will be submitted to the Chancellor for final approval of the proposed acquisition. If negotiations fail, the institution may request that condemnation proceedings be commenced for acquisition of the property.
      5. If acquisition of the property by purchase is approved, F&A will be responsible for recording the warranty deed and forwarding the deed and title insurance to the System Office.
Sources: 

Authority

T.C.A. § 49-8-203; T.C.A. § 49-8-111

History

TBR Meetings, September 24, 1976; September 30, 1983; June 29, 2007.

Policy Number: 
4.02.05.01
Policy/Guideline Area: 
Business and Finance Policies
Applicable Divisions: 
TCATs, Community Colleges, System Office, Board Members
Purpose: 

The purpose of this policy is to establish the criteria, process, and procedures for naming and re-naming buildings, sub-units, facilities, and campus grounds, affixing plaques to new or renovated buildings and facilities at institutions governed by the Tennessee Board of Regents.

Policy/Guideline: 
  1. Naming Buildings and Facilities
    1. General Statement
      1. The naming of buildings, facilities, grounds, and organizational units of institutions for individuals or groups who have made significant contributions to society is an honored tradition of higher education.
      2. The prerogative and privilege of such namings on the campuses of the Tennessee Board of Regents System are vested in the Board.
      3. Authority to name identifiable sub-units or components of buildings and facilities, however, is delegated to the institution president, subject to the criteria and process set forth below.
      4. This policy applies to all buildings of the institutions governed by the Board.
      5. It also applies to other facilities, grounds, and organizational units which the institution wishes to dedicate in the name of an individual or group.
      6. Buildings designated by their general purpose or function are not subject to this policy.
    2. Criteria
      1. In general, individuals and groups for whom buildings are named must have made a significant contribution to the field of education, government, science, or human betterment.
      2. To preserve the integrity of all buildings named in the System, this honor must be reserved for individuals of recognized accomplishment and character; no building may bear the name of an individual convicted of a felony.
      3. In general, buildings should not be named for active employees of the Tennessee Board of Regents.
      4. With respect to the naming of buildings on a particular campus, special consideration shall be given to:
        1. The historical significance of the contribution of the individual or group to the institution;
        2. The association of the individual or group with the building to be named;
        3. Any financial contribution of the individual or group to the institution; and 
        4. State, regional, national, or international recognition of the individual's or group's contributions and achievements.
      5. A given surname may be assigned to only one building on a specific campus.
      6. In all cases, naming rights are considered to be in effect for the duration of the effective and typical useful life of the physical building, space or project, and not in perpetuity.
    3. Process
      1. The institution president shall charge a committee to consider and make recommendations for the naming of a building.
      2. The committee shall be comprised of student, faculty, and administrative representatives; other representatives of the campus community may serve on the committee, as deemed appropriate by the president.
      3. The committee shall consider all suggested naming, which satisfy the criteria cited above. Any individual or group associated with the institution may suggest a name for consideration by the committee.
      4. The committee shall submit a report to the president, which includes a recommendation for the naming, documentation of all suggestions considered, and justification of its recommendation.
      5. For naming which requires Board approval, the president shall submit a recommendation, along with the committee's report and any additional supporting information deemed appropriate, to the Board through the Chancellor.
      6. No publicity shall be given to the recommendation for naming until it is considered by the Board. 
      7. For naming not subject to Board approval, the president shall determine and make known the naming in the manner deemed most appropriate.
    4. Dedication Ceremony and Plaque
      1. Upon approval of the naming by the Board, an appropriate dedication ceremony may be planned and conducted by the institution.
      2. The institution also may erect a dedication plaque or comparable marking upon approval of the naming by the Board.
      3. The plaque may be separate from the building plaque provided by State regulations.
      4. In addition to the individual or group for whom the building is named, the dedication plaque should identify the institution president, the Chancellor, and the Chairman of the Board at the time the naming was approved.
  2. Building Plaques
    1. An institution may affix a building plaque to a new or newly renovated building or facility. 
    2. All building plaques must comply with Tennessee Board of Regents procedures adopted pursuant to this policy and State Building Commission policy on building plaques. 
    3. This section shall apply to any new or newly renovated building or facility.
  3. Removal or Alteration of Names, Plaques, and Other Items of Historic Significance
    1. Subject to the Tennessee Heritage Protection Act of 2016, T.C.A. § 4-1-412, (the Act), the Board may remove a name associated with any physical building, space, object, or project if the naming gift pledge remains unfulfilled, it is in the best interests of the institution or of the donor to do so, or to protect the reputation of the institution and/or the donor.
    2. If required by the Act, the Chancellor is responsible for initiating proceedings and taking all necessary actions prior to removing a name, removing a plaque, or otherwise removing, renaming, relocating, altering, rededicating, disturbing or altering any nameplate, plaque, statue, monument, memorial, bust, historical marker, artwork, flag, historic display, school, street, bridge, or building that has been erected for, named, or dedicated in honor of any historic conflict, historic entity, historic event, historic figure, or historic organization.
    3. To ensure compliance with the Act, no building, sub-unit of a building, or facility, or name of any space shall be changed or removed, and no plaque, statue, monument, bust, nameplate marker, or other memorial removed from a campus without the prior written approval of the Chancellor.
    4. This section III shall not apply to demolition of a building or other memorial that has reached the end of its useful life and has been approved for demolition by the TBR Department of Facilities Development.
    5. The terms in this section III shall have the same meaning as in the Act.
Procedures: 
  1. Building Plaques
    1. The Board of Regents has authorized institutions to affix building plaques to new or newly renovated buildings or facilities.
      1. An institution may choose to erect a building plaque in lieu of or in addition to dedication plaques authorized under Board Policy 4.02.05.01.
    2. An institution may affix a building plaque which shall include the name of the Governor(s), Chancellor(s), all State Building Commission members, the names of the members of the Board, President(s) the architect, contractor and state architect from the date of Building Commission approval of a specific project to the completion of the project.
    3. If the building/facility has been named for an individual or group in accordance with Board Policy 4.02.05.01, the building plaque may include the name of the individual or group for which the building/facility is named.
Sources: 

Authority

T.C.A. § 49-8-203

History

TBR Meetings, April 13, 1973; September 30, 1983; June 28, 1985; March 21, 1986; September 18, 1992; March 30, 2007; June 24, 2011; June 28, 2012; September 22, 2023 .

Policy Number: 
4.01.07.02
Policy/Guideline Area: 
Business and Finance Policies
Applicable Divisions: 
Community Colleges, System Office
Purpose: 

The purpose of this policy is to assure that, with regard to any foundation established to support any TBR institution or its programs, the relationship of the foundation to the institutions is clearly defined and is set forth in a formal, written manner that (1) defines the legal authority and operating control of the institution with respect to the foundation; (2) describes the relationship of the foundation to the institution and the extent of any liability arising out of that relationship; and (3) demonstrates that the fund‐raising activities of the foundation further the mission of the institution.

Definitions: 
  • Foundation - For purposes of this policy, a foundation is defined as a tax-exempt, not-for-profit corporation, chartered within the State of Tennessee for the sole purpose of supporting and advancing the mission of an institution or its programs. This policy does not apply to foundations established solely to support an institution’s research activities.
Policy/Guideline: 
  1. The Foundation's Relationship to the institutions
    1. A foundation is not an operational function of an institution; it is a separate legal entity. A foundation’s identity must be maintained separate from the institution. 
    2. The foundation's relationship to the institution is based upon a shared interest in the institution's development and success of the institution's mission. Therefore, institutional participation in and support of foundation operations and activities are, therefore, appropriate and desirable.
    3. The accountability of a foundation and of the institution as it relates to the foundation is a concern common to the foundation, the institution, and the Board. Institutions should not promote, encourage or agree to use of a foundation in ways that are, or appear to be, abusive, inappropriate, or do not follow sound business practices.
  2. General Requirements
    1. The governance structure of a foundation must be determined by the foundation. To ensure an appropriate level of institutional participation in the foundation governance, the institution’s president or designee should hold a voting membership on the foundation’s governing body. In order to assure that the foundation acts as a separate entity, a quorum of its governing body may not consist of a majority of members who are employed by the institution.
    2. Each institution shall enter into a written agreement with any foundation(s) governed by this policy that documents their understanding of their relationship and describes their respective responsibilities. Institutions must use the standard agreement that is attached to this policy or another agreement approved by the Chancellor. Every agreement must contain, at a minimum, the provisions of the standard agreement.
    3. The foundation shall adopt an annual budget. In order to assure that the foundation’s objectives are aligned with those of the institution, the institution shall advise the foundation of its needs and priorities for the fiscal year in question.
    4. The foundation shall develop policies and procedures concerning its operations, including, but not limited to, the following:
      1. Policies that address the solicitation and acceptance of contributions to the foundation. The policies must incorporate sound business principles and safeguard compliance with donor intent and conditions. Such policies shall provide that, prior to acceptance of any gift to the foundation that will require substantial institutional support such as staff, financial assistance, storage, on‐going maintenance, etc., approval must be obtained from the president of the institution and, if applicable, from the Chancellor.
      2. Policies and procedures that address the management and investment of contributions to the foundation, subject to the requirements of the Uniform Prudent Management of Institutional Funds Act, T.C.A. § 35-10-201 et seq.
      3. Policies and procedures that address the foundation’s procurement and contracting activities.
        1. Such policies and procedures shall implement sound business practices and prudent use of foundation funds, including encouragement of the use of competitive procurement of goods and services, when practicable.
        2. Such policies and procedures must include a process for determining authority for authorizing contracts on behalf of the foundation and for authorizing expenditure of foundation funds. Authority for these functions cannot be delegated solely to an employee of the institution.
      4. Policies that, in accordance with T.C.A. § 49‐7‐107(c), establish and adopt a code of ethics that apply to and govern the conduct of all members of the foundation’s governing body. Such policies shall require that members review and acknowledge the code of ethics annually.
      5. Policies that identify who may release the foundation’s records upon receipt of a request.
    5. No institutional funds, including contributions to the institution, may be transferred directly or indirectly to the foundation; provided, however, this shall not prohibit the institution from providing in‐kind services to the foundation, such as office space and the use of support staff. It is understood that instances may occur where a donor inadvertently directs a contribution to the institution which is intended for the foundation. Procedures shall be established to clarify donor intent.
    6. Foundations must respect Board and institutional authority over personnel administration. Foundation expenditures for compensation and other payments to or for the benefit of institutional personnel and reportable as income to the recipient, such as salary, expense accounts, automobiles, club or other organization memberships and dues, etc., must be approved in advance, annually, by the institution president, unless the salaries funded by the foundation are in accordance with institution’s compensation plan and included in the institution’s personnel budget. Advance approval of the Chancellor shall be required if payments outside the institution’s compensation plan are made to or for the benefit of any institutional employee, including the president, and if the aggregate value of such payments to any individual institutional employee exceeds fifteen hundred dollars ($1,500) per fiscal year. This provision does not apply to reimbursement of business expenses incurred by institutional employees or to non‐ taxable recognition awards given to institutional employees.
    7. The foundation’s governing body shall issue reports, at least annually, on the activities of the foundation, which shall be submitted to the president of the institution. An annual financial report shall be issued, prepared in accordance with generally accepted accounting principles, including all required note disclosures.
    8. In accordance with T.C.A. § 49‐7‐107(b), all annual reports, books of account and financial records of the foundation shall be subject to audit by the Comptroller of the Treasury of the State of Tennessee. Records and accounts maintained by the foundation shall be audited on the same cycle as the institutional audit performed by the Comptroller, or, with the prior approval of the Comptroller, an independent public accountant may perform such an audit. The contract between the independent public accountant and the foundation shall be approved in advance by the Board of Regents and the Comptroller and shall be on forms prescribed by the Comptroller. All annual reports, books of account and financial records of a foundation shall be available for audit by the internal auditors of the affiliated institution or the Tennessee Board of Regents.
    9. Copies of the initial and amended foundation charters and bylaws filed with the Secretary of State shall be submitted by the president of the institution to the Board of Regents’ Office of General Counsel.
    10. The Chancellor shall have the authority to grant exceptions to this policy when deemed appropriate and necessary. An exception must be requested and granted in writing.
  3. Implementation
    1. No later than twelve (12) months after adoption of this policy, all institutions shall have conformed any existing agreement with foundations to the requirement of this policy.
Sources: 

Authority

T.C.A. §§ 49-8-203, 49-4-107, 35-10-201 et seq. 

History

TBR Meeting, August 17, 1973; TBR Meeting, September 20, 1985; September 21, 1990; June 28, 1991; December 3, 2004; TBR Meeting March 30, 2007; Revised at TBR Board Meeting September 16, 2015.

Pages

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