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1989 Tennessee Attorney General Reports and Opinions 1 (1989)

handle is hein.sag/sagtn0084 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 276 Public Acts of 1971 February 1q89 89-14 BIDDING: Competitive: T.C.A. 55-7-107 gives a county authority to employ a construction management company; T.C.A. 512-4-106 does not prohibit a county from awarding a contract based on competitive bidding to a construction management even if the company's personnel who would be performing the work are engineers and architects. T.C.A. §5-7-107, §12-4-106. 89-17 BIDDING: Competitive: T.C.A. S12-4-106 does not prohibit mentioning price or cost in a solicitation for a proposal announcement of a contract; T.C.A. §12-4-106 does not apply to contracts for professional services made by the State. T.C.A. SS12-4-106, -109. 89-18 BIDDING: Competitive: The requirements of T.C.A. §62-6-119 have no application to construction projects costing less than $25,000.00 insofar as such work is not included in the statutory definition of contracting' under S62-6-102(l)(A); a good faith belief by a public agency that the project can be undertaken for less than $25,000.00 would appear to justify opening bid envelopes which do not contain licensing information; even though a bidder need not be a licensed contractor for work costing less than $25,000.00, the acceptance or rejection of a particular bid by a public agency rests upon the specific legal requirements applicable to that agency. T.C.A. SS62-6-101 at MA., -102, -103, -119, -120; 549-2-203. 89-19 BIDDING: Competitive: T.C.A. S5-7-107 gives a county authority to employ a construction management company; the contract must be awarded according to the authority under which the county normally awards personal service contracts or general building contractor contracts, the duties that the contract manager will perform determine if the contract must be treated like a personal services or a general building contractor contract. T.C.A. 555-7-107, S§5-14-108 et o=., -202 Ift Mg., 55-21-118, 512-4-106, S62-6-102, Op. Tenn. Atty. Gen. 89-14 (February 6, 1989).

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