Tennessee Procurement Protection Act

The "Tennessee Procurement Protection Act" (TCA 4-56-204) is effective July 1, 2026.

This act prohibits:

(1) foreign adversary companies from bidding on or entering contracts with the state for information and communications technology; and

(2) all companies from knowingly selling "final products or services" (i.e., "technology service or software that may contain information and communication technology") to state agencies if such product or service are manufactured or produced by a foreign adversary company.

Definitions

1. Foreign Adversary

Defined by the federal government and published in the Code of Federal Regulations. While subject to change, the countries defined as foreign adversaries currently include China (including Hong Kong), Russia, North Korea, Cuba, Iran, and Venezuela. 15 CFR §791.4

2. Foreign Adversary Company

is a company that:

a. is domiciled, incorporated, issued, or listed in a foreign adversary;

b. is headquartered in a foreign adversary;

c. has its principal place of business in a foreign adversary;

d. is controlled by the government or an instrumentality of a foreign adversary;

e. is majority-owned by an entity or is board-controlled by an entity that is under the jurisdictional control of the government of a foreign adversary

3. Information and Communication Technology

This means the following electronic, digital or telecommunications equipment, systems, software, or services used to create, convert, store, process, transmit, receive, display, distribute, or otherwise make information available:

a. computers, laptops, tablets, mobile devices, and peripheral equipment;

b. software applications, operating systems, databases, and cloud-based services;

c. internet and intranet websites, web applications, and digital content;

d. telecommunications equipment and services, including voice, video, messaging, and data communications systems;

e. electronic documents, multimedia, and audiovisual materials; and

f. any related hardware, firmware, or embedded technology integral to the operation of the items listed above

This does not include standalone mechanical systems or equipment that do not electronically process or transmit information.

Department's Responsibilities

1. When procuring products and services, seek out companies that are not defined as a foreign adversary company.

2. Complete the Technology Review process for any software purchase, regardless of the dollar amount. Service - Technology Review

3. This law applies to purchases of any dollar value and includes purchases made on p-cards. Small dollar purchases (purchases under $10,000 that do not go through the contract or procurement office) for software or IT services should still follow the Technology Review Process before a purchase is made.

4. Purchases with any foreign company should be processed through the contract management system.

5. If there is no other reasonable option other than procuring the final product or service from a foreign adversary, reach out to your campus procurement office to discuss.

6. Questions? Reach out to the Office of Procurement Services.

Procurement Services

Keysha Fuller, Director, [email protected]

Sheretha Peart, Senior Buyer, [email protected]

Procurement & Contract Office Responsibilities

1. Follow guidelines in the applicable contract or purchasing checklist

2. Incorporate the following provision into all contracts, purchase orders, and bid documents:

Tennessee Procurement Protection Act.  In accordance with the Tennessee Procurement Protection Act, T.C.A. § 4-56-201 et seq., Company certifies: (1) that it is not a foreign adversary company and (2) that it is not knowingly selling, and will not knowingly sell, to the University any information and communication technology, as defined at T.C.A. § 4-56-202, that was manufactured or produced by a foreign adversary company.

3. See the contract manual under Tennessee Procurement Protection Act for additional information.

4. Request a Visual Compliance screening of the supplier through Export Control.

5. Work with the Office of General Counsel on requests for exceptions or further clarification of the statute.

Business Contracts

Trent Pitts, Director, [email protected]

Brack Henderson, Assistant Director, [email protected]