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2002 Tennessee Attorney General Reports and Opinions 1 (2002)

handle is hein.sag/sagtn0154 and id is 1 raw text is: STATE OF TENESE OFFICE OF THE ATTORNEY GENERAL 425 Fifth Avenue North NASHVILLE, TENNESSEE 37243-0497 January 2, 2002 Opinion No. 02-001 Drug-Free Workplace Program Required by TENN. CODE ANN. § 50-9-113 and Its Effect on Competitively Bid Construction Services for a Local Board of Education QUESTIONS 1. Whether a board of education should regard an employer as barred from bidding on a contract under TENN. CODE ANN. § 50-9-113, public contracting statutes and other provisions of the law where the employer with the low bid (i) submitted an affidavit stating that the employer has a drug-free workplace program with its bid for construction services for a board of education project, (ii) did not have a certificate of compliance from the Department of Labor and Workforce Development at the time the affidavit was submitted, (iii) subsequently provided information showing it had obtained a certificate of compliance after the bid was submitted, and (iv) the local board of education had independent knowledge that the employer with the low bid did not have a certificate of compliance from the Department of Labor and Workforce Development at the time the affidavit was submitted? 2. Whether the board of education may award the contract under Tennessee law to the employer by relying on the affidavit in accordance with Section 50-9-113(d)? 3. Whether the board of education may award the contract to another bidder who complied with Section 50-9-113? 4. Whether the board of education may reject all bids and re-bid the entire project? OPINIONS 1. Yes. Based on the facts provided and assuming that TENN. CODE ANN. § 50-9-113 is applicable, the employer is not in compliance with the statute and thus is not eligible to contract with the local board of education for construction services. 2. No. Because it appears that the local board of education had actual knowledge that the employer was not in compliance with the statute, TENN. CODE ANN. § 50-9-113(d) does not apply to this situation.