The Procurement Division of Knox County Tennessee will receive sealed bids for the provision of Beverages for Schools
as specified herein. Bids must be received by 2:00 p.m. on September 24, 2019. Late bids will be neither considered nor
Deliver Bids To:
Bid Number 2883
Knox County Procurement Division
Suite 100, 1000 North Central Street
Knoxville, Tennessee 37917
The Bid Envelope must show the Bid Number, Bid Name and Bid Opening Date.
SECTION I GENERAL TERMS AND CONDITIONS
1.1 ADDITIONAL INFORMATION: Knox County wants requests for additional information routed to Jay Garrison,
CPPO, CPPB, Procurement Coordinator, at 865.215.5767. Questions may be faxed to 865.215.5778 or emailed to
firstname.lastname@example.org. Information about the Knox County Procurement Division and current solicitations
may be obtained on the Internet at www.knoxcounty.org/.
1.2 ACCEPTANCE: Vendors shall hold their price firm and subject to acceptance by Knox County for a period of ninety
(90) business days from the date of the bid opening, unless otherwise indicated in their bid.
1.3 ALTERNATIVE BIDS: Knox County will not accept alternate bids (those not equal to specifications) unless
authorized by the Invitation for Bid.
1.4 AUDIT HOTLINE: Knox County has established an Audit Hotline to report potential fraud and waste. To report
potential fraud, waste or abuse, please call or 1.866.858.4443 (toll-free). You can also file a report online by
Vendors are hereby cautioned that this Audit Hotline does not replace the Award Protest Procedures found
in Section VI, Item M of the Knox County Regulations.
1.5 AWARD: Award will be made to the most responsive, responsible bidder(s) meeting specifications which presents
the product or service that is in the best interest of Knox County. Knox County reserves the right to award this bid
on an all-or-none basis, line item basis or schedule basis. Knox County reserves the right to make a multiple
award. The evaluation criteria are listed herein. Knox County also reserves the right to not award this bid.
1.6 BID DELIVERY: Knox County requires bidders, when hand delivering bids, to time and date stamp the envelope
before depositing it in the bid box. The time clock in the Procurement Division shall become the official record of
time. Knox County shall not be responsible for technical difficulties experienced by vendors trying to register less
than twenty-four (24) hours prior to the bid opening time.
Solicitations must be in a sealed envelope/box prior to entering the Procurement Division office.
Procurement Division personnel are not allowed to see the submittal nor assist in placing documents in an
envelope/box. Additionally, the Procurement Division is not responsible for providing materials (e.g.
envelopes, boxes, tape) for submittals.
1.7 BIDS REQUESTED ON BRANDS OR EQUAL: Unit price bids are requested on products that equal or exceed
the quality and performance of the brands and model numbers listed. References to brand names, trade names,
model numbers or other descriptions peculiar to specific brand products are made to establish a required level of
quality and functional capabilities, and are not intended to exclude other products of that level. Comparable
products of other manufacturers will be considered if proof of comparability is contained in their bid. It shall be the
responsibility of the bidders, including bidders whose product is referenced; to furnish with their bid such
specifications, catalog prices, brochures or other data as will provide an adequate basis for determining the
quality and functional capabilities of the product offered. Failure to provide this data may be considered valid
justification for rejection of their bid.
1.8 BUSINESS OUTREACH PROGRAM: Knox County has established a Business Outreach Program which has the
responsibility of increasing opportunity for small, minority and women owned businesses. This is being
accomplished through community education programs, policy edification, active recruitment of interested
businesses and process re-engineering.
Knox County is committed to ensuring full and equitable participation for all disadvantaged businesses. Knox
County welcomes submittals from those disadvantaged businesses that have an interest in providing goods and/or
services listed herein. In addition, Knox County strongly encourages the inclusion of disadvantaged businesses by
non-disadvantaged Contractors who may wish to partner or subcontract portions of this agreement in order to
accomplish the successful delivery of goods and/or services.
If you are a disadvantaged business and would like additional information about our Business Outreach Program,
Diane Woods, Administrator of Business Outreach
Lori Holmann, Coordinator of Business Outreach
1.9 CONFLICT OF INTEREST: Vendors must have read and complied with the “Non-Conflict of Interest" statement
provided in the vendor registration process prior to the opening of this solicitation.
1.10 COPIES: Knox County requires that bids be submitted as one (1) marked original and two (2) exact copies. If
submitting electronically no additional copies are required.
1.11 DECLARATIVE STATEMENTS: Any statement or words (e.g.: must, shall, will) are declarative statements and
the vendor must comply with the condition. Failure to comply with any such condition will result in the bid being
considered non-responsive and disqualified.
1.12 DESCRIPTIVE LITERATURE: Vendors, if bidding other than specified, must clearly identify the manufacturer
and the specifications, to which they are submitting. Vendors must also provide descriptive literature with their
1.13 ELECTRONIC TRANSMISSION OF BIDS: Knox County's Procurement Division will accept, and strongly
encourages, electronically transmitted bids through the County’s online procurement system. Facsimile and e-mail
submission is strictly prohibited.
1.14 HOW TO DO BUSINESS: Knox County utilizes a web-based procurement software system, “Knox Purchasing
On- Line”. The system provides our clients (vendors, county departments and the citizens of Knox County) with
a more enhanced and end-user friendly means of accessing our services. The system allows for on-line vendor
registration and maintenance, electronic receipt of purchase orders, on-line retrieval and submittal of quotes, bids
and proposals for our vendor-clients and on-line requisitioning and receiving for our county departments. In order
for the County to maximize its investment and minimize the cost associated with office operations we need your
help. When doing business with Knox County we are urging you to please go to our website at
www.knoxcounty.org/purchasing, register as a vendor in our on-line system, “Knox On- Line”, if you have not done
so and whenever possible to conduct your business with the County through this site. If you have any questions,
please contact the Procurement Division Representative listed in Section 1.1 of this document.
1.15 INCURRED COSTS: Knox County will not be responsible for any costs incurred by bidder in the preparation of
1.16 MULTIPLE BIDS: Knox County will consider multiple bids that meet specifications.
1.17 NEW MATERIAL: Unless specified otherwise in the bid package, the vendor must provide new supplies. New,
as used in this clause, means previously unused materials. Material includes, but is not limited to, raw material,
parts, components and end products. Remanufactured and refurbished supplies will not be considered for bid.
1.18 NON-COLLUSION: Bidders, by submitting a signed bid, certify that the accompanying bid is not the result of, or
affected by, any unlawful act of collusion with any other person or company engaged in the same line of business
or commerce, or any other fraudulent act punishable under Tennessee or United States law.
1.19 PAYMENT METHOD: Knox County utilizes two (2) methods of placing order for products and/or services. The
first is the use of Purchase Orders. These Purchase Orders will be issued from the Knox County
P r o c u r e m e n t Division via the method selected by the vendor during registration. The Purchase Order will
detail the quantity, specific item(s) and the contracted price for each item.
The second method is the use of the Knox County Credit Card (VISA). Orders placed with the card will list the
same information as the Purchase Order. Vendors will be given the card information and approval to process the
transaction by the requesting department. Vendors must indicate in their bid response if the vendor will accept Knox
County’s Credit Card (VISA) as a form of payment. Bidders are prohibited to charge Knox County any type of
merchant fee from their financial institution to accept this type of payment.
1.20 POSSESSION OF WEAPONS: All vendors and their employees and their agents are prohibited from possessing
any weapons on Knox County property without prior written consent from the County. In the case of a vendor
whose Contract requires possession of firearms or other weapons to successfully complete their Contract, vendor
must provide personnel who are bonded to bear said weaponry.
1.21 PROCESSING TIME FOR PAYMENT: Vendors are advised that a minimum of thirty (30) days is required to
process invoices for payment.
1.22 PROOF OF FINANCIAL AND BUSINESS CAPABILITY: Vendors must, upon request, furnish satisfactory
evidence of their ability to furnish products or services in accordance with the terms and conditions of these
specifications. Knox County will make the final determination as to the vendor’s ability.
1.23 RECYCLING: Knox County, in its continuing efforts to lessen the amount of landfill waste and to further recycling
efforts, request that bids being submitted on paper shall:
1.23.1 Be submitted on recycled paper
1.23.2 Not include pages of unnecessary advertising
1.23.3 Be made on both sides of each sheet of paper
1.24 RESTRICTIVE OR AMBIGUOUS SPECIFICATIONS: It is the responsibility of the prospective bidder to review
the entire Invitation for Bid (IFB) packet and to notify the Procurement Division if the specifications are formulated
in a manner that would unnecessarily restrict competition. Any such protest or question regarding the specifications
or bidding procedures must be received in the Procurement Division by September 10, 2019 @ 4:30 p.m. local
time. These requirements also apply to specifications that are ambiguous.
1.25 SIGNING OF BIDS: In order to be considered, all bids must be signed. Please sign the original in blue
ink. By signing the bid document, the vendor acknowledges and accepts the terms and conditions stated in the bid
1.26 TAXES: Knox County purchases are not subject to taxation. Tax exemption certificates will be provided upon
1.27 TITLE VI OF THE 1964 CIVIL RIGHTS ACT: “Nondiscrimination in Federally Assisted Programs”—“No person in
the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial
assistance.” 42 U.S.C. Section 2000 et seq. It is the policy of Knox County Government that all its services and
activities be administered in conformance with the requirements of Title VI.
1.28 USE OF BID FORMS: Vendors must complete the bid forms contained in the bid package. Failure to complete
the bid forms may result in bid rejection.
1.29 VENDOR DEFAULT: Knox County reserves the right, in case of vendor default, to procure the articles or services
from other sources and hold the defaulting vendor responsible for any excess costs occasioned thereby. Should
vendor default be due to a failure to perform or because of a request for a price increase, Knox County reserves
the right to remove the vendor from the County's bidder’s list for twenty-four (24) months.
1.30 VENDOR REGISTRATION: Prior to the opening of this bid, ALL BIDDERS MUST be registered with the
Procurement Division. Please register on-line at our website at www.knoxcounty.org/procurement and click
on “Online Vendor Registration.” Vendors must be registered with the Pr oc ur em en t Division prior to submitting
1.31 WAIVING OF INFORMALITIES: Knox County reserves the right to waive minor informalities or technicalities
when it is in the best interest of Knox County.
SECTION II OBLIGATIONS, RIGHTS AND REMEDIES
These terms and conditions shall be part of the Contract. Knox County reserves the right to negotiate other
terms and conditions it deems appropriate and necessary under the circumstances to protect the public’s trust.
2.1 ALTERATIONS OR AMENDMENTS: No alterations, amendments, changes, modifications or additions to this
Contract shall be binding on Knox County without the prior written approval of the County.
2.2 APPROPRIATION: In the event no funds are appropriated by Knox County for the goods or services in any fiscal
year, or insufficient funds exist to purchase the goods or services, then the Contract shall expire upon the
expenditure of previously appropriated funds or the end of the current fiscal year, whichever occurs first, with no
further obligations owed to or by either party.
2.3 ASSIGNMENT: Contractor shall not assign or sub-contract this agreement, its obligations or rights hereunder to
any party, company, partnership, incorporation or person without the prior written specific consent of Knox
2.4 BOOKS AND RECORDS: Contractor shall maintain all books, documents, accounting records and other
evidence pertaining to the goods and services provided under this Contract and make such materials available at
its offices at all reasonable times during the Contract period and for five (5) years from the date of the final payment
under this agreement for inspection by County or by any other governmental entity or agency participating
in the funding of this agreement, or any authorized agents thereof; copies of said records to be furnished if
requested. Such records shall not include those books, documents and accounting records that represent the
Contractor's costs of manufacturing, acquiring or delivering the products and services governed by this agreement.
2.5 CHILD LABOR: Contractor agrees that no products or services will be provided or performed under this Contract
that have been manufactured or assembled by child labor.
2.6 COMPLIANCE WITH ALL LAWS: Contractor is assumed to be familiar with and agrees to observe and comply
with all Federal, State, and local laws, statutes, ordinances, and regulations in any manner affecting the provision
of goods and/or services, and all instructions and prohibitive orders issued regarding this work and shall obtain all
2.7 CRIMINAL HISTORY RECORDS CHECK: Any and all successful vendors, vendor employees, and any vendor
sub-contractors and its employees must submit to a criminal history records check, at vendors expense,
conducted by the Tennessee Bureau of Investigation and the Federal Bureau of Investigation prior to permitting
the employee to have contact with students or enter school grounds when students are present. Reference
Tennessee Code Annotated Section 49-5-413.
2.8 DEFAULT: If Contractor fails to perform or comply with any provision of this Contract or the terms or conditions of
any documents referenced and made a part hereof, Knox County may terminate this Contract, in whole or in part,
and may consider such failure or noncompliance a breach of Contract. Knox County expressly retains all its rights
and remedies provided by law in case of such breach; and no action by Knox County shall constitute a waiver of
any such rights or remedies. In the event of termination for default, Knox County reserves the right to purchase
its requirements elsewhere, with or without competitive bidding.
2.9 GOVERNING LAW: The laws of the State of Tennessee shall govern this Contract, and all obligations of the
parties are performable in Knox County, Tennessee. The Chancery Court and/or the Circuit Court of Knox
County, Tennessee, shall have exclusive and concurrent jurisdiction of any disputes, which arise hereunder.
2.10 INCORPORATION: All specifications, drawings, technical information, Invitation for Bid, Bid, Award and similar
items referred to or attached or which are the basis for this Contract are deemed incorporated by reference as if
set out fully herein.
2.11 INDEMNIFICATION—HOLD HARMLESS: Contractor shall indemnify, defend, save and hold harmless Knox
County, its officers, agents and employees from all suits, claims, actions or damages of any nature brought because
of, arising out of, or due to breach of the agreement by Contractor, its subcontractors, suppliers, agents, or
employees or due to any negligent act or occurrence or any omission or commission of Contractor, its
subcontractors, suppliers, agents or employees.
2.12 INDEPENDENT CONTRACTOR: Contractor shall acknowledge that it and its employees serve as independent
contractors and that Knox County shall not be responsible for any payment, insurance or incurred liability.
2.13 INSPECTION AND ACCEPTANCE: Warranty periods shall not commence until Knox County inspects and
formally accepts the goods and/or services. The terms, conditions and timing of acceptance shall be determined
by Knox County. Knox County reserves the right to reject any or all items or services not in conformance with
applicable specifications, and Contractor assumes the costs associated with such nonconformance. Acceptance
of goods or services does not constitute a waiver of latent or hidden defects or defects not readily detectable by a
reasonable person under the circumstances.
2.14 IRAN DIVESTMENT ACT: By submission of this bid, each bidder and each person signing on behalf of any bidder
certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury,
that to the best of its knowledge and belief that each bidder is not on the list created pursuant to Tennessee Code
Annotated § 12-12-106.
2.15 LIMITATIONS OF LIABILITY: In no event shall Knox County be liable for any indirect, incidental, consequential,
special or exemplary damages or lost profits, even if Knox County has been advised of the possibility of such
2.16 NON-DISCRIMINATION AND NON-CONFLICT STATEMENT: Contractor agrees that no person on the grounds
of handicap, age, race, color, religion, sex or national origin, shall be excluded from participation in, or be denied
benefits of, or be otherwise subjected to discrimination in the performance of this agreement, or in the employment
practices of vendor. Contractor shall upon request show proof of such non-discrimination, and shall post in
conspicuous places available to all employees and applicants notices of non-discrimination. Contractor covenants
that it complies with the Fair Wage and Hour Laws, the National Labor Relations Act, and other federal and state
employment laws as applicable. Contractor covenants that it does not engage in any illegal employment practices.
Contractor covenants that it has no public or private interest, and shall not acquire directly or indirectly any
interest that would conflict in any manner with the provision of its goods or performance of its services.
Contractor warrants that no part of the total Contract amount provided herein shall be paid directly or indirectly to
any officer or employee of Knox County as wages, compensation, or gifts in exchange for acting as officer, agent,
employee, subcontractor or consultant to Contractor in connection with any goods provided or work contemplated
or performed relative to the agreement.
2.17 ORDER OF PRECEDENCE: In the event of inconsistent or conflicting provision of this Contract and referenced
documents, the following descending order of precedence shall prevail: (1) Item Description, (2) Invitation for Bid,
(3) Bid, (4) Award, (5) Special Terms and Conditions, (6) General Terms and Conditions, (7) Specifications, (8)
2.18 REMEDIES: Knox County shall have all rights and remedies afforded under the U.C.C. and Tennessee law in
Contract and in tort, including but not limited to rejection of goods, rescission, and right of set-off, refund,
incidental, consequential and compensatory damages and reasonable attorney’s fees.
2.19 RIGHT TO INSPECT: Knox County reserves the right to make periodic inspections of the manner and means the
service is performed or the goods are supplied and warehoused.
2.20 SEVERABILITY: If any provision of this Contract is declared illegal, void or unenforceable, the remaining
provisions shall not be affected but shall remain in force and in effect.