(a) Executory contracts for the purchase of commodities by a political subdivision included in this part shall be voidable by the circuit courts upon the bringing of an action by an aggrieved party.

Terms Used In Tennessee Code 12-3-908

  • Political subdivision: means any city, town, municipality or county within the state. See Tennessee Code 12-3-902
  • Procurement: means buying, purchasing, renting, leasing, or otherwise acquiring of any goods or services. See Tennessee Code 12-3-201
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(b) The court may void the contract upon the showing by the aggrieved party that:

(1) The party is a seller of the commodity;
(2) The party is doing business in the state;
(3) The commodity to be sold has an energy efficiency rating and life cycle cost lower than the commodity contracted for by the purchaser;
(4) The purchaser is a political subdivision, and the standard for the commodity has been adopted for one (1) year by the procurement commission and has not been incorporated or adopted by the political subdivision; and
(5) The aggrieved party is ready, willing and able, without any other legal constraints, to sell the commodity to the purchaser.
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