Public Contracts

Plain English Breakdown

The candidate explanation accurately reflects the content of the official source material.

Tire Procurement Requirements

This bill requires tire manufacturers and suppliers to clearly label tires made with 100% French process zinc oxide when bidding on or renewing contracts with Tennessee state agencies.

What This Bill Does

• Requires tire companies to mark tires that use only French process zinc oxide in their bids for new contracts with the state of Tennessee.
• Tire companies must also label price lists and buying guides provided to the state, showing which tires are made with 100% French process zinc oxide.
• Existing contract holders must update their documents within 120 days if they want to keep their contracts after this bill passes.
• If a change happens in how tires are made that affects whether they use 100% French process zinc oxide, companies must notify the state and update their documents within 90 days.
• The chief procurement officer can make rules to help enforce these requirements.

Who It Names or Affects

• Tire manufacturers and suppliers who want to bid on or renew contracts with Tennessee state agencies.
• State agencies that buy tires for use in Tennessee.

Terms To Know

French process zinc oxide

Zinc oxide made only by the French process, without mixing it with other types of zinc oxide or materials.

Price list or buying guide

A document that lists tires available for purchase and includes information like prices and specifications.

Limits and Unknowns

• The bill did not pass in the session it was introduced.
• It does not specify what happens if a company fails to comply with the requirements after the initial deadline.
• The exact format of how companies must label tires is left up to the chief procurement officer.

Official Summary Text

This bill requires a
tire manufacturer or supplier submitting a response to a solicitation, request for proposal, or invitation to bid issued by this state or on behalf of this state for the procurement of goods or services
("solicitation")
for the supply of tires issued by this state
to
clearly identify and designate which tires offered have been produced or manufactured with 100%

French process zinc oxide at the time of the submission. Such designation must be indicated by tire product and material numb
er, made in a manner prescribed by the chief procurement officer, and included in all documentation submitted as a part of the procurement process.

PRICE LIST OR BUYING GUIDE

This bill requires

a
price list or buying guide provided to this state by a tire manufacturer or supplier for procurement purposes
to
clearly indicate for each tire listed whether the tire has been produced or manufactured with 100% French process zinc oxide. Such designation must be conspicuous and in a format approved by the chief procurement officer.

EXISTING CONTRACTS

This bill requires

a
tire manufacturer or supplier with an existing contract to supply tires to this state on the effective date of this
bill to
amend, within 120 days of such date, each price list or buying guide used in connection with such contract to comply with the disclosure requirements set forth in this
bill
. Failure to comply may result in the suspension or termination of the contract at the discretion of the chief procurement officer.

WRITTEN NOTICE OF CERTAIN CHANGES

If, during the term of a contract with this state, a tire manufacturer or supplier makes a change in the manufacturing process of any tire supplied under the contract that affects whether the tire is manufactured with 100% French process zinc oxide,
this bill requires
the manufacturer or supplier
to
amend, within 90 days of such change, each relevant price list or buying guide to reflect such change. The manufacturer or supplier
must
provide written notice of such change to the chief procurement officer,
to each relevant state agency utilizing the contract, and to each intermediary agency or entity that may be facilitating solicitations on behalf of this state.

RULEMAKING

This bill authorizes

t
he chief procurement officer
to
promulgate rules as necessary to implement and enforce this
bill.

Current Bill Text

SENATE BILL 2196
By Johnson

HOUSE BILL 2010
By Littleton
HB2010
011217
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 4;
Title 9 and Title 12, relative to procurement of
tires.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 12, Chapter 3, Part 5, is amended by
adding the following as a new section:
(a) As used in this section:
(1) "One hundred percent (100%) French process zinc oxide" means zinc
oxide produced exclusively by the French or indirect process that is not blended
or combined with zinc oxide produced by any other process, including the
American or direct process, or any other materials;
(2) "Price list or buying guide" means a document, electronic or
otherwise, provided to this state for procurement purposes that lists tires
available for purchase, including, but not limited to, pricing, specifications, and
product designations;
(3) "Solicitation" means a solicitation, request for proposal, or invitation to
bid issued by this state or on behalf of this state for the procurement of goods or
services; and
(4) "Tire manufacturer or supplier" means a person, firm, corporation, or
other entity that manufacturers, produces, supplies, or offers to supply tires to
this state, whether directly or through a distributor or agent.
(b) A tire manufacturer or supplier submitting a response to a solicitation for the
supply of tires issued by this state shall clearly identify and designate which tires offered

- 2 - 011217

have been produced or manufactured with one hundred percent (100%) French process
zinc oxide at the time of the submission. Such designation must be indicated by tire
product and material number, be made in a manner prescribed by the chief procurement
officer, and be included in all documentation submitted as a part of the procurement
process.
(c) A price list or buying guide provided to this state by a tire manufacturer or
supplier for procurement purposes must clearly indicate for each tire listed whether the
tire has been produced or manufactured with one hundred percent (100%) French
process zinc oxide. Such designation required by this subsection (c) must be
conspicuous and in a format approved by the chief procurement officer.
(d) A tire manufacturer or supplier with an existing contract to supply tires to this
state on the effective date of this act shall amend, within one hundred twenty (120) days
of such date, each price list or buying guide used in connection with such contract to
comply with the disclosure requirements set forth in this section. Failure to comply with
this subsection (d) may result in the suspension or termination of the contract at the
discretion of the chief procurement officer.
(e) If, during the term of a contract with this state, a tire manufacturer or supplier
makes a change in the manufacturing process of any tire supplied under the contract
that affects whether the tire is manufactured with one hundred percent (100%) French
process zinc oxide, the manufacturer or supplier shall amend, within ninety (90) days of
such change, each relevant price list or buying guide to reflect such change. The
manufacturer or supplier shall provide written notice of such change to the chief
procurement officer, to each relevant state agency utilizing the contract, and to each
intermediary agency or entity that may be facilitating solicitations on behalf of this state.

- 3 - 011217

(f) The chief procurement officer may promulgate rules as necessary to
implement and enforce this section in accordance with the Uniform Administrative
Procedures Act, compiled in title 4, chapter 5.
(h) As used in this section, unless the context otherwise requires, "state"
includes an intermediary agency or entity facilitating solicitations on behalf of this state.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.