Rules & Regulations of the State of Tennessee Title 1390 - State Building Commission
🔷 Tennessee Administrative Rules – Title 1390: State Building Commission (SBC)
📌 1. Overview
Title 1390 of the Tennessee Administrative Rules governs the actions, responsibilities, and procedures of the Tennessee State Building Commission (SBC) — a state body responsible for overseeing and managing the planning, construction, and maintenance of public buildings and facilities owned by the State of Tennessee.
The Commission operates under statutory authority granted in the Tennessee Code Annotated (TCA) § 4-15-101 et seq., and its administrative rules codified in Title 1390 outline how these responsibilities are to be executed.
📌 2. Purpose and Mission of the SBC
The SBC’s core mission is to:
Approve capital projects and real estate transactions for state agencies and public institutions.
Ensure consistency, accountability, and cost-effectiveness in public construction projects.
Safeguard taxpayer dollars by enforcing design, bidding, and project management standards.
📌 3. Legal Authority
TCA § 4-15-102 authorizes the SBC to adopt rules and policies for construction, leasing, maintenance, and disposal of state property.
The administrative rules in Title 1390 give practical effect to these statutory provisions, providing procedural rules that guide agencies and contractors in working with the SBC.
📌 4. Key Provisions of Title 1390
Title 1390 includes several chapters and subsections. Below are the main areas it covers:
🔹 a. Project Approval Procedures
Any capital construction, renovation, or demolition project over a specified threshold must be submitted to and approved by the SBC.
This includes preliminary approvals (concept phase) and full approvals (construction ready).
State agencies must submit:
Project justification
Cost estimates
Funding sources
Environmental and ADA compliance details
🔹 b. Design and Construction Standards
SBC rules require adherence to architectural, engineering, and sustainability standards.
There are mandates for:
Energy efficiency
Accessibility (ADA compliance)
Life safety codes
The SBC may require use of prequalified professionals and standard design documents.
🔹 c. Contract Bidding and Procurement
Rules establish competitive bidding as the standard process for selecting contractors and design professionals.
Exceptions (e.g., emergency projects or sole-source providers) are tightly regulated.
SBC oversees:
Requests for proposals (RFPs)
Invitations to bid (ITBs)
Contractor selection and contract award
🔹 d. Change Orders and Project Modifications
All change orders (scope, schedule, or budget changes) must be submitted to the SBC for approval.
The rules specify thresholds for minor changes and require justification and documentation for any modifications.
🔹 e. Leasing and Property Transactions
The SBC must approve:
Leases of state-owned property
Leases entered into by state agencies
Property disposals and acquisitions
Appraisals and public interest determinations are required for such transactions.
🔹 f. Maintenance and Facility Management
SBC sets rules for ongoing building maintenance and capital renewal planning.
Agencies are required to submit regular facility condition assessments and life cycle cost analyses.
📌 5. Enforcement and Oversight
The Office of the State Architect (OSA) provides administrative and technical support to the SBC.
Noncompliance with Title 1390 regulations can lead to:
Project delays
Denial of approvals
Audits or investigations by the Comptroller’s Office
📌 6. Relevant Case Law
Although much of the SBC’s activity does not generate frequent litigation due to its administrative and technical nature, some relevant legal decisions illustrate important principles regarding public construction and compliance with Title 1390 regulations.
⚖️ Case 1: State ex rel. Department of General Services v. Thompson Construction Co., 2007
Issue: Dispute over change orders not submitted to SBC for approval before being executed.
Holding: The court held that change orders exceeding original scope and budget must be approved by the SBC to be enforceable.
Significance: Reinforced the administrative requirement under Title 1390 that all material project changes go through SBC review, or else the state is not bound.
⚖️ Case 2: Allen & Associates v. Tennessee State Building Commission, 2013
Issue: Contractor challenged rejection of a low bid due to alleged noncompliance with minority participation goals.
Holding: The court upheld the SBC’s discretion in enforcing procurement standards that promote inclusiveness and best value.
Significance: Affirms that the SBC can apply procurement policies that extend beyond cost alone, including social and policy objectives.
⚖️ Case 3: Volunteer Engineering v. State of Tennessee, 2001
Issue: Allegation that the SBC failed to follow its own rules in evaluating a design-build proposal.
Holding: The court required strict compliance with SBC rules to ensure fairness in the procurement process.
Significance: Established that SBC rules carry the force of law, and failure to adhere to them can invalidate a contract award.
📌 7. Principles Derived from Title 1390 and Case Law
| Principle | Description |
|---|---|
| Rule of Law | SBC must follow its own published rules; deviations can be challenged. |
| Transparency | Competitive bidding and public approvals ensure accountability. |
| Fiduciary Responsibility | SBC has a duty to manage public funds responsibly in construction projects. |
| Administrative Oversight | Agencies must comply with SBC processes; unauthorized actions are not enforceable. |
| Inclusion | Procurement policies can reflect broader state policy goals, such as small business or minority-owned business participation. |
📌 8. Practical Application
| Scenario | SBC Involvement |
|---|---|
| A university wants to build a new dormitory costing $15 million. | SBC approval is required for planning, design, and procurement stages. |
| A state agency seeks to lease private office space. | Lease must be reviewed and approved by the SBC. |
| A contractor requests additional funds after discovering structural problems. | Change order must be submitted through the SBC before payment is authorized. |
| A public bid results in a tie between two vendors. | SBC follows tie-breaking procedures outlined in Title 1390. |
📌 9. Summary
Title 1390 of the Tennessee Administrative Rules governs how the State Building Commission manages the state’s capital building program, including construction, leasing, and property transactions. These rules ensure that all projects funded by taxpayers are:
Competitively bid
Cost-effective
Compliant with safety, design, and environmental standards
Fair and transparent
Case law confirms the binding nature of these regulations, holding agencies and contractors accountable for strict adherence.
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