Drug and Alcohol Testing Services

Agency:	Knox County
State:	Tennessee
Type of Government:	State & Local
NAICS Category:	541380 - Testing Laboratories 621511 - Medical Laboratories
Posted Date:	Mar 22, 2024
Due Date:	Apr 25, 2024
Solicitation No:	3549
Bid Source:	Please Login to View Page
Contact information:	Please Login to View Page
Bid Documents:	Please Login to View Page

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The Procurement Division of Knox County, Tennessee will receive sealed proposals for the provision of Drug and

Alcohol Testing Services as specified herein. Proposals must be received by 2:00 p.m. on April 25, 2024. Late

proposals will neither be considered nor returned.

Deliver Proposals To:

Proposal Number 3549

Knox County Procurement Division

Suite 100

1000 North Central Street

Knoxville, Tennessee 37917

The Proposal Envelope must show the Company Name, Proposal Number, Proposal Name & Proposal Closing Date.

SECTION I PROPOSAL PREPARATION AND SUBMISSION

1.1 ADDITIONAL INFORMATION: Knox County wants requests for additional information routed to Heather

Whitehead, CPPB, Senior Procurement Analyst, at 865.215.5774. Questions may be faxed to 865.215.5778 or

emailed to heather.whitehead@knoxcounty.org. If you have not heard from the Buyer in a reasonable amount of

time, please call for further assistance. Information about the Knox County Procurement Division and current

solicitations may be obtained on the Internet at www.knoxcounty.org/procurement.

1.2 ACCEPTANCE: Vendors shall hold their price firm and subject to acceptance by Knox County for a period of one

hundred twenty (120) business days from the date of the proposal closing, unless otherwise indicated in their

proposal.

1.3 ALTERNATIVE PROPOSALS: Knox County will not accept alternate proposals (those not equal to

specifications) unless authorized by the Request for Proposals (RFP).

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 1.866.858.4443 (toll-free). You can also file a report online by

accessing http://www.knoxcounty.org/hotline/index.php.

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 Procurement Regulations.

1.5 AWARD: Award will be made to the most responsive, responsible proposer(s) meeting specifications and

presenting the product(s) and/or service(s) that is in the best interest of Knox County. Knox County reserves the

right to award this proposal on an all-or-none basis, schedule basis or by multiple award. Knox County reserves

the right to not award this proposal. Award will be made in accordance with the evaluation criteria specified

herein. The evaluation criteria can be found in Section 3.14.

1.6 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 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, please contact:

Diane Woods, CPPB, Business Outreach Administrator

Knox County Procurement

Telephone: 865.215.5760

Fax: 865.215.5778

Email: diane.woods@knoxcounty.org

1.7 CONFLICT OF INTEREST: Vendors must have read and comply with the “Non-Conflict of Interest" statement

provided in the vendor registration process prior to the closing of this solicitation. Knox County’s Non-Conflict of

Interest Policy is available for review at https://www.knoxcounty.org/purchasing/conflict_policy.php.

1.8 COPIES: Knox County requires that two hard copies of proposals be submitted as one (1) marked original and

one (1) exact copy. Proposers must submit with their hard copies an exact electronic version of their

proposal in a SINGLE FILE on a flash drive.

1.9 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 may result in the proposal

being considered non-responsive and disqualified.

1.10 ELECTRONIC TRANSMISSION OF PROPOSALS: Knox County's Procurement Division will not accept

electronically transmitted proposals. Facsimile and email submission is strictly prohibited. Due to the nature of the

information requested, all submissions shall be in written format.

1.11 HOW TO DO BUSINESS: Knox County utilizes a web-based Procurement software system, “KnoxBuys.” 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 urge you to please go to our website at www.knoxcounty.org/procurement,

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.

1.12 INCURRED COSTS: Knox County will not be responsible for any costs incurred by the proposer in the

preparation of their proposal.

1.13 NON-COLLUSION: Proposers, by submitting a signed proposal, certify that the accompanying proposal 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.

1.14 PAYMENT METHOD: Knox County will utilize a Purchase Order for placing an order for products and/or

services. Purchase Orders will be issued from the Knox County Procurement 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. Work on this project must not commence until a signed Purchase Order is issued by Knox

County Procurement.

1.15 POSSESSION OF WEAPONS: All vendors, 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.

1.16 PROCESSING TIME FOR PAYMENT: Vendors are advised that a minimum of thirty (30) calendar days is

required to process invoices for payment.

1.17

1.18

PROOF OF FINANCIAL AND BUSINESS CAPABILITY: Vendors must, upon request, furnish satisfactory

evidence of their ability to fulfill all obligations of this contract in accordance with the terms and conditions of these

specifications. Knox County will make the final determination as to the vendor’s ability.

PROPOSAL DELIVERY: Knox County requires proposers, when hand delivering proposals, to time and date

stamp the envelope before depositing it in the bid box. Knox County will not be responsible for any lost or

misdirected mail sent by common carrier, nor will Knox County be responsible for proposals delivered to

addresses or suites other than the delivery address and suite specified at the top of this solicitation. The time

clock in the Procurement Division shall serve as the official record of 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.

1.19 RECYCLING: Knox County, in its continuing efforts to lessen the amount of landfill waste and to further recycling

efforts, requests that proposals being submitted on paper shall:

1.19.1 Be submitted on recycled paper;

1.19.2 Not include pages of unnecessary advertising.

1.20 RESTRICTIVE OR AMBIGUOUS SPECIFICATIONS: It is the responsibility of the prospective proposer to review

the entire Request for Proposals 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 proposing procedures must be received in the Procurement Division by 4:30 p.m. local time on

April 12, 2024. These requirements also apply to specifications that are ambiguous.

1.21 SIGNING OF PROPOSALS: In order to be considered, all proposals must be signed. Please sign the original in

blue ink. By submitting a signed letter authorizing the submission of the proposal, the vendor acknowledges and

accepts the terms and conditions stated in the proposal document.

1.22 TAXES: Knox County purchases are not subject to taxation. Tax exemption certificates will be provided upon

request.

1.23 TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND TITLE IX OF THE EDUCATIONAL AMENDMENT OF 1972:

“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 and Title IX.

1.24 UNFORESEEN CIRCUMSTANCES: During periods of closure due to unforeseen circumstances in Knox County

or closures at the direction of the Knox County Mayor, the Procurement Division will enact the following

procedures in regard to solicitations and closures:

• If the Mayor closes the administrative offices prior to the time set for solicitation opening of any business day,

all solicitations due that same day will be moved to the next operational business day.

• Other unforeseen circumstances shall be at the sole discretion of the Procurement Director.

• Knox County shall not be liable for any commercial carrier’s decision regarding deliveries during any unforeseen

circumstances.

1.25 USE OF PROPOSAL FORMS: Vendors must complete the proposal forms contained in the proposal package.

Failure to complete the proposal forms may result in proposal rejection.

1.26 VENDOR DEFAULT: Knox County reserves the right, in case of vendor default, to procure the goods 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.

1.27 VENDOR REGISTRATION: Prior to the submission deadline for this solicitation, ALL PROPOSERS MUST be

registered with the Procurement Division. If you are not already a registered vendor with Knox County, register

on-line at our website at www.knoxcounty.org/procurement and click on “Knox Buys” and then select “Online

Vendor Registration.” Vendors must be registered with the Procurement Division prior to submitting their

proposal. Knox County shall not be responsible for technical difficulties experienced by vendors trying to register

electronically less than twenty-four (24) hours prior to the proposal closing time.

1.28 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 subcontract this agreement, its obligations or rights hereunder to

any party, company, partnership, incorporation or person without the prior written specific consent of Knox

County.

2.4 BOOKS AND RECORDS: Vendor 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 three (3) 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 Vendor'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

necessary permits.

2.7 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 solicitation.

2.8 GOVERNING LAW; VENUE: This agreement shall be exclusively construed, governed, and controlled by the

Laws of the State of Tennessee without regard to principles of law, including conflicts of law, of any other

jurisdiction, territory, country, and/or province. Any dispute arising out of or relating to this agreement shall

exclusively be brought in the Chancery Court or the Circuit Court of Knox County, Tennessee. Each party

consents to personal jurisdiction thereto and waives any defenses based on personal jurisdiction, venue and

inconvenient forum.

2.9 INCORPORATION: All specifications, drawings, technical information, Request for Proposals, Proposal, 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.

2.10 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.

2.11 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.

2.12 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.

2.13 IRAN DIVESTMENT ACT: By submission of this RFP response, each proposer and each person signing on

behalf of any proposer certifies, and in the case of a joint proposal, each party thereto certifies as to its own

organization, under penalty of perjury, that to the best of its knowledge and belief that each proposer is not on the

list created pursuant to Tennessee Code Annotated § 12-12-106. Proposers must submit with their proposals the

completed Attachment E (Iran Divestment Act/No Boycott of Israel Affidavit).

2.14 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

damages.

2.15 NO BOYCOTT OF ISRAEL: Pursuant to Tennessee Code Annotated Title 12, Chapter 4, Part 1, by submission

of a response to this solicitation, each proposer and each person signing on behalf of any proposer certifies, and

in the case of a joint response each party thereto certifies as to its own organization, under penalty of perjury, that

to the best of its knowledge and belief that each proposer is not currently engaged in, and will not for the duration

of the contract engage in, a boycott of Israel. Proposers must submit with their proposals the completed

Attachment E (Iran Divestment Act/No Boycott of Israel Affidavit).

2.16 NON-DISCRIMINATION AND NON-CONFLICT STATEMENT: Contractor agrees that no person on the grounds

of handicap, age, race, color, religion, sex, national origin, or any individual trait or characteristic found to be an

illegal consideration, 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, which 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) Written Contract, (2) Request for

Proposals, (3) Contractor’s Response, (4) Award, (5) Special Terms and Conditions, (6) General Terms and

Conditions, (7) Specifications, (8) Drawings.

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.

2.21 TAX COMPLIANCE: Pursuant to Resolution R-07-1-903 passed by the Commission of Knox County, Tennessee,

Contractor hereby acknowledges, by submission of its proposal and signature, it is current in its respective

federal, state, county, and city taxes of whatever kind or nature, and is not delinquent in any way. Delinquent

status must be disclosed or risk debarment by the Knox County Procurement Division.

Name of Solicitation	Number	Deadline Due Date	Buyer	Attachments
Drug and Alcohol Testing Services	3549	04-25-24	Heather Whitehead (865) 215-5774	Click Here for the Solicitation

Drug and Alcohol Testing Services

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