Tennessee Department Of Transportation Sued Over $9.2 Billion “Choice Lanes” Project

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Article by Olivia Lupia, Tennessee Conservative News –

The Tennessee Department of Transportation (TDOT) is being sued by one of the parties that lost the bid for the $9.2 billion I-24 “Choice Lanes” project, with the company accusing the government department of violating Tennessee public records laws. 

Brought by 24 Choice Lane Partners (24CLP), the lawsuit claims the state is wrongfully blocking public review of the final contract and payment records with DriveTN, the company that ultimately won the project bid. 

DriveTN was announced as the choice lanes project partner in August after putting forward a payment proposal of almost $25 billion. But according to 24CLP’s legal complaint, that is roughly $17 billion more than any other bid that was presented. 

The suit is now looking to review TDOT’s records to determine if the state’s agreement with DriveTN matches the public value originally promised, or if major changes were secretly made after the bidding process concluded.

According to 24CLP’s legal team, TDOT has been evading requests for documents about the DriveTN contract, and lawyers argue the lack of transparency is a disservice to the public, especially given the magnitude of the project.

The suit addresses two public records requests previously filed by Jon Cooper on behalf of 24CLP, with the first in September requesting “proposals, financial information, evaluation materials, Aggregate Concession Payment negotiations, proposal-related communications, and materials provided to the Transportation Modernization Board.”

But despite promising to provide the requested records by Oct. 1, TDOT allegedly backtracked and denied the request, citing “confidentiality exemptions” due to an ongoing procurement process. 

24CLP argues the exemptions are invalid because Drive TN’s proposal had already been publicly selected in August and the contract had already been approved by the Transportation Modernization Board.

“Both exemptions protect proposal documents only until after selection and contract award,” the suit states. 

After the September denial, 24CLP filed a second request on Oct. 1 according to the suit, saying the requested contract documents “were executed just one day before, were the subject of much publicity, and should have been ‘promptly made available for inspection’ [under TCA 10-7-503], but were not.”

24CLP is asking the court to declare TDOT did not follow the appropriate public records laws and compel expedited production of the documents from both requests. The company is also requesting that TDOT be required to pay for the costs of the lawsuit.

A TDOT spokesperson said the department does not comment on pending litigation. 

The DriveTN contract is also currently under review by the Tennessee Comptroller’s Office at the request of State Rep. John Ray Clemmons (D-Nashville) who raised concerns about the procurement process and former TDOT officials’ connections to DriveTN. 

In response to Clemmons’ request, Comptroller Jason Mumpower said his office, including the Division of Investigations and Division of State Audit, will review and assess the information to determine if any action is warranted. That action could include examining the process as part of the Comptroller’s next audit of TDOT, scheduled for release in 2027.

Sources:

TennesseeConservativeNews.com.

WKRN.

WSMV.

WSMV.

About the Author: Olivia Lupia is a political refugee from Colorado who now calls Tennessee home. A proud follower of Christ, she views all political happenings through a Biblical lens and aims to utilize her knowledge and experience to educate and equip others. Olivia is an outspoken conservative who has run for local office, managed campaigns, and been highly involved with state & local GOPs, state legislatures, and other grassroots organizations and movements. Olivia can be reached at olivia@tennesseeconservativenews.com.