HB 2032

This bill authorizes an eligible private institution of higher education to purchase goods and services through state cooperative purchasing contracts on the same terms and pricing available to public institutions of higher education. Participation in a state cooperative purchase contract is voluntary and does not require state appropriations or a state subsidy in any annual state budget. Further, t he state is not financially responsible for such purchases or contracts made by an eligible private institution of higher education . As used in this bill, an "eligible private institution of higher education"" means a private, nonprofit college or university that meets all of the following criteria:  Is accredited by a federally recognized accrediting body .  Is located in this state .  Is authorized to operate in this state by the Tennessee higher education commission pursuant to the Tennessee Higher Education Authorization Act of 2016. NON-INTERFERENCE WITH STATE PROCUREMENT This bill prohibits access granted pursuant to this bill from ( i ) r educ ing the availability of any goods or services available to public institutions of higher education, ( ii ) i ncreas ing the price of goods or services paid by the state, or ( iii ) c reat ing any state liability. Vendors participating in state contracts must not charge eligible private institutions of higher education higher prices for the same goods or services provided to public institutions of higher education. ADMINISTRATIVE IMPLEMENTATION This bill requires t he department of general services, in coordination with the Tennessee higher education commission, to establish a simple enrollment and verification process to allow eligible private institutions of higher education to participate in state cooperative purchasing contracts. The department or commission must not charge any eligible private institution of higher education a participation fee or any other fee in order to participate in state cooperative purchasing contracts pursuant to thi s bill. PROTECTION AGAINST CONTRACT RETALIATION This bill prohibits a vendor from r efus ing to sell or provid e goods or services to an eligible private institution of higher education that elects to participate in this bill, or t erminat ing or alter ing its pricing in retaliation for an eligible private institution of higher education electing to participate in this bill. A violation of this prohibition is an unfair trade practice for purposes of the Unfair Trade Practice and Advertising Act, which may subject a violator to injunctions, damages, and other penalties."