Rules & Regulations of the State of Tennessee
Title 1390 - State Building Commission
Chapter 1390-01-01 - Unacceptability for Employment on State Building Commission Projects
Section 1390-01-01-.01 - CIRCUMSTANCES TO WHICH CHAPTER APPLIES

(1) For the purposes of this Chapter, the term "contract crime" shall mean fraud, bribery, collusion or conspiracy involving violation of federal or state criminal statutes in connection with any public contract.

(2) For purposes of the Chapter, the term "employment on any contract" shall mean performing services or providing materials to the State of Tennessee on a State Building Commission project, as defined herein, or being a subcontractor of a person performing such services or providing such materials.

(3) For purposes of this Chapter, the term "State Building Commission project" is any project over which the State Building Commission has the power to approve and supervise as set forth in Public Chapter No. 741 of the Acts of 1980, Section 3.

(4) This Chapter applies to any person, firm or corporation or assets of any corporation as of the date of the convening of the federal grand jury in the United States District Court for the Middle District of Tennessee on August 20, 1979, which is convicted of, admits to or pleads guilty or nolo contendere to any contract crime or which assets thereof are utilized or involved in any contract crime.

(5) This Chapter may apply to any corporation or its assets as of the date of the convening of the federal grand jury in the United States District Court for the Middle District of Tennessee on August 20, 1979, if any of its officers, directors, shareholders active in management or person holding any similar executive position in the corporation is convicted of, admits to or pleads guilty or nolo contendere to any contract crime or which assets thereof are utilized or involved in any contract crime.

(6) This Chapter may apply to any partnership or assets of any partnership as of the date of the convening of the federal grand jury in the United States District Court for the Middle District of Tennessee on August 20, 1979, if any partner is convicted of, admits to or pleads guilty or nolo contendere to any contract crime or which assets thereof are utilized or involved in any contract crime.

(7) This Chapter may apply to any joint venture, other association, person, legal entity or the assets of any joint venture, association, person or legal entity as of the date of the convening of the federal grand jury in the United States District Court for the Middle District of Tennessee on August 20, 1979, if any joint venturer, any managing agent, person entitled to share in the proceeds and engaged in the active management thereof, or any person holding an executive position thereof is convicted of, admits to or pleads guilty or nolo contendere to any contract crime or which assets thereof are utilized in any contract crime.

(8) This Chapter may apply to any corporation or assets of any corporation as of the date of the convening of the federal grand jury in the United States District Court for the Middle District of Tennessee on August 20, 1979, if the illegal acts of any of its officers, directors, shareholders active in management or person holding any similar executive position in it were directly or indirectly responsible for a conviction, admission, plea of guilty or nolo contendere to a contract crime by any other firm, corporation, joint venture, person or legal entity or which assets thereof are utilized or involved in any contract crime by any other firm, corporation, joint venture, person or legal entity.

(9) This Chapter may apply to any partnership or assets of any partnership as of the date of the convening of the federal grand jury in the United States District Court for the Middle District of Tennessee on August 20, 1979, if the illegal acts of any partner were directly or indirectly responsible -for a-conviction, admission, plea of guilty or nolo contendere to a contract crime by any other firm, corporation or joint venture, person or legal entity or which assets thereof are utilized or involved in any contract crime by any other firm, corporation, joint venture, person or legal entity.

(10) This Chapter may apply to any joint venture, association, person, legal entity or assets of any joint venture. association, person or legal entity as of the date of the convening of the federal grand jury in the United States District Court for the Middle District of Tennessee on August 20, 1979, if the illegal acts of any joint venturer, managing agent, person entitled to share in the proceeds and engaged in the active management thereof, or person holding an executive position were directly or indirectly responsible for a conviction, admission, plea of guilty or nolo contendere to a contract crime by any other firm, corporation or joint venture, person or legal entity or which assets thereof are utilized or involved in any contract crime by any other firm, corporation, joint venture, person or legal entity.

(11) For the purposes of this Chapter, the term "person" shall mean any person, firm, corporation, partnership, association, joint venture or legal entity.