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SB 1308

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)

TDOT gains expanded emergency contracting authority (with expedited methods) to address failures or hazards, plus a future standard, scored evaluation process for proposals startin

Comp. became Pub. Ch. 110
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Bill Summary · SB 1308

Summary: SB 1308 (Session 114) — Tennessee Transportation Contracting Reforms

Note: This summary covers the bill as enacted, including amendments to TCA Titles 4, 12, and 54, and focuses on purpose, key provisions, affected parties, and timing.

1) Purpose and Intent

  • Expand and clarify TDOT’s contracting authority to address transportation system failures, emergencies, and urgent repairs.
  • Standardize and modernize the evaluation/selection process for transportation project proposals.
  • Increase flexibility in procurement methods (including emergency and alternative delivery approaches) while maintaining certain oversight and transparency requirements.
  • Adjust reporting requirements and annual transportation improvement program (TIP) identification rules for emergency contracts above certain thresholds.

2) Key Provisions and Changes

A. Emergency Contracting Authority (Effective July 1, 2025)

  • The commissioner may enter into emergency contracts to remedy a transportation failure, imminent failure, or other emergency posing a hazard or significant delay.
  • Available procurement methods (one or more):
    • Special letting with waivers of bidding-related provisions when conditions allow.
    • Alternative delivery contracts (as defined in law) with waivers to expedite execution.
    • Highway construction and engineering contracts (per Title 12 and related provisions) with waivers to expedite.
    • Noncompetitive selection of a prequalified contractor for immediate repairs (force account or other commissioner-determined basis).
  • Immediate notification requirements to key legislators, the Commissioner of Finance and Administration (F&A), and the Comptroller; bids and documentation must be filed with the Fiscal Review Committee within 30 days of contract award.
  • Emergency contracting under this section is exempt from the 28-alternative-delivery-contractor-per-year limit.

B. TIP Identification and Reporting (Effective July 1, 2025)

  • For emergency contracts awarded under the new authority, the department is not required to specifically identify such contracts in the annual TIP submitted to the General Assembly.
  • However, the department must provide immediate written notice of any emergency contract to designated legislative chairs, F&A, and the Comptroller, and file bids/documentation with the Fiscal Review Committee within 30 days.

C. Standardized Evaluation and Selection Process (Effective July 1, 2029)

  • Starting July 1, 2029, TDOT must standardize the evaluation/selection process for transportation project proposals.
  • A uniform scoring and ranking system will be implemented:
    • The selection committee scores proposals using a department-provided scoring matrix aligned to the RFP criteria.
    • Scores are to be compiled (not averaged) and ranked from highest to lowest.
    • The proposer with the highest score is designated the best-evaluated proposer.
  • The commissioner may accept the selection committee’s best-evaluated proposer or reject all proposals and pursue alternative lawful procurement methods.
  • Proposers must be notified in writing of the award and provided copies of the selection committee scores.

D. Process Revisions for CM/GC and PDB (Clarifications/Updates)

  • Revisions to the CM/GC (Construction Manager/General Contractor) and PDB (Progressive Design-Build) processes aligned with the new standardized evaluation framework and scoring/notification requirements.
  • Some language edits remove references to “independently” scoring and require “compiled scores” instead, reflecting the 2029 reform.

E. Notices and Transparency (Ongoing)

  • Immediate notice obligations persist for emergency contracts, plus the filing of bids and supporting documentation with the Fiscal Review Committee within 30 days.
  • The updated framework emphasizes transparency in the awarding process while allowing rapid action during emergencies.

3) Who/What Would Be Affected

  • Tennessee Department of Transportation (TDOT): Expanded emergency contracting authority; changes to evaluation, scoring, and selection procedures; reporting duties tied to emergency contracts.
  • TDOT Proposers/Bidders: Potentially different award dynamics (single best-evaluated proposer under the 2029 rule; prior tier-based first-round proposals eliminated after 2028 transition, per fiscal note changes).
  • Tennessee General Assembly and Legislative Committees: Oversight through notices and filing requirements for emergency contracts.
  • Fiscal Review Committee, Comptroller of the Treasury, and F&A: Increased documentary reporting and bid submissions for emergency contracts.

4) Timelines and Effective Dates

  • July 1, 2025:
    • Emergency contracting authority may be used with expanded methods.
    • Notification and reporting requirements apply; TIP exemptions for emergency contracts over $100 million begin to apply (see below).
  • July 1, 2029:
    • Standardized evaluation and selection process to be implemented (compiled scores, rank-order proposals, single best-evaluated proposer).
    • Transition away from the prior “first-tier” proposal structure toward the uniform approach.
  • Section-specific transitional provisions: Sections 3 and 5 (relating to scoring and selection) take effect July 1, 2029; all other sections take effect July 1, 2025.

5) Notable Fiscal/Policy Implications

  • Emergency contracts over $100 million are exempt from being specifically identified in the TIP, but require immediate notice and post-award bid documentation filing.
  • The 28-contract annual limit on alternative delivery contracts does not apply to emergency/alternative delivery contracts issued under the new emergency authority.
  • Overall fiscal impact is projected as not significant, though procurement outcomes may shift due to procedural changes.

If you’d like, I can provide a side-by-side comparison of current law versus SB 1308 provisions or a brief Q&A for legislators and stakeholders.

Compiled from official sources — confirm details with the bill’s official record.

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