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Tennessee House approves temporary changes to Transportation Modernization Act allowing committee discussion and emergency contracting
Summary
The Tennessee House passed a bill amending the Transportation Modernization Act to let selection-committee members discuss proposals, change scoring to a cumulative total, and allow broader emergency contracting authority for the Department of Transportation; the changes include a sunset date of July 1, 2029.
The Tennessee House of Representatives voted to approve changes to the Transportation Modernization Act that permit selection-committee members to communicate with one another during procurement scoring, change how scores are calculated from an average to a total, and expand the department’s authority to use design-build and CMGC-style contracting in emergencies without relying on an executive order.
Supporters said the changes follow two years of practical use and improved TDOT’s ability to respond to disasters. Chairman Howe moved passage on third and final consideration and said the edits were informed by TDOT’s use of the TMA after hurricane damage in East Tennessee in 2023 and the experience of operating under Executive Order 106.
Opponents warned the change could increase the risk of collusion or bid rigging. Representative Clemens questioned how allowing committee members to confer would reduce bias and argued that averaging independent scores better protects taxpayers from undue influence. Representative Cummings pressed the sponsor on why the bill uses a sunset rather than adopting a permanent change now; Howe said the sunset (July 1, 2029) would allow review and possible renewal.
The bill also clarifies that, going forward, the transportation commissioner — rather than an emergency executive order — may authorize use of expedited design contracts in emergency responses. Supporters said allowing committee communication exposed previously unknown problems with proposals; critics said it reduced independence and raised procurement integrity concerns.
Chairman Howe said the approach had worked under the prior executive order and that the changes were practical refinements based on real-world use. The House adopted the bill; the clerk announced the vote as "Aye, 71, 16 nays," and the chair declared the bill passed.
The law change includes a sunset date of July 1, 2029, after which the legislature must act again to continue or alter the new procedures. That sunset was a recurring point of questioning during floor debate.
The changes affect how TDOT runs selection committees and how the department can contract in declared emergencies. Lawmakers who raised procurement and anti-collusion concerns said they expect follow-up oversight and review during the sunset period.
