Transportation, Dept. of - As enacted, in the event of a transportation system failure or other emergency, grants the commissioner emergency contracting authority to enter into contracts for design-build, construction manager/general contractor (CM/GC), and progressive design-build (PDB) services for the delivery of transportation projects; exempts the department from having to identify such contracts exceeding $100 million in its transportation improvement program submitted annually to the general assembly in support of its annual funding recommendations, if they are issued under such emergency contracting authority; makes other revisions to the CM/GC and PDB process. - Amends TCA Title 4; Title 12 and Title 54.

114th Regular Session (2025-2026) Introduced by William Lamberth

Grants Tennessee DOT emergency contracting power to bypass standard procurement for transportation repairs, exempting contracts over $100M from legislative transparency requirements.

Pub. Ch. 110

#dept.of #transportation

Legislative bill overview

HB 1320 grants Tennessee's Department of Transportation emergency contracting authority to quickly enter into design-build and construction management contracts during transportation system failures or emergencies without the standard competitive bidding process. The bill exempts emergency contracts exceeding $100 million from being listed in the department's annual transportation improvement program submitted to the legislature. It also streamlines the CM/GC and progressive design-build processes.

Why is this important

During transportation crises—such as bridge collapses, major highway failures, or natural disasters—lengthy procurement processes can delay critical repairs and endanger public safety. This bill allows the department to respond faster by bypassing standard procedures. However, it also reduces legislative oversight of large emergency contracts, which represents a significant shift in budgetary transparency and accountability.

Potential points of contention

Accountability gap: Emergency contracts over $100 million are exempt from annual reporting to the legislature, potentially limiting lawmakers' ability to oversee large expenditures and questioning how "emergency" is defined

Procurement bypass: Removing competitive bidding requirements for emergency work could lead to higher costs or favor certain contractors, though speed may justify this tradeoff

Scope creep risk: Broad emergency authority could be interpreted expansively, and the definition of "transportation system failure" may be vague enough to allow non-emergency use