Facility Waste Collection Services

Agency:	Knox County
State:	Tennessee
Type of Government:	State & Local
NAICS Category:	562111 - Solid Waste Collection
Posted Date:	Mar 21, 2024
Due Date:	Apr 23, 2024
Solicitation No:	3536
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 bids for the provision of Facility Waste

Collection Services as specified herein. Bids must be received by 2:00 p.m. on April 23, 2024. Late bids will neither be

considered nor returned.

Deliver Bids To:

Bid Number 3536

Knox County Procurement Division

Suite 100

1000 North Central Street

Knoxville, Tennessee 37917

The Bid Envelope must show the Company Name, Bid Number, Bid Name & Bid Opening Date.

SECTION I GENERAL TERMS AND CONDITIONS

1.1 ADDITIONAL INFORMATION: Knox County wants requests for additional information routed to Brian Hubbs,

Construction and Contract Specialist, at 865-215-5753. Additional information requests and questions may be

emailed to brian.hubbs@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 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

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 Bids.

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 bidder(s) meeting specifications, who 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 item-by-item basis, an all or none basis, or by multiple award, whichever is in the best interest of the

County. Knox County reserves the right to not award this bid. Award will be made in accordance with the

evaluation criteria specified herein.

1.6 BID DELIVERY: Knox County requires respondents, when hand delivering bids, 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 submittals delivered to addressees and 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.

1.7 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, please contact:

Diane Woods, CPPB, Business Outreach Administrator

Knox County Procurement

Telephone: 865-215-5760

Fax: 865-215-5778

Email: diane.woods@knoxcounty.org

1.8 CLOSURES: 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 regards 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.

1.9 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. Knox County’s Non-Conflict of

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

1.10 COPIES: Knox County requires that bids being submitted by hand be submitted with one (1) marked original

and two (2) exact copies.

1.11 DECLARATIVE STATEMENT: 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 their bid being

non-responsive and disqualified.

1.12 DRUG-FREE WORKPLACE: If the Contractor has five (5) or more employees receiving pay: the Contractor shall

have a drug-free workplace program that complies with Title 50, Chapter 9 of the Tennessee Code Annotated,

shall provide the affidavit (Attachment B) required by Public Acts, 2000, Chapter 918.

1.13 ELECTRONIC TRANSMISSION OF BIDS: Knox County's Procurement Division will not accept electronically

transmitted bids through the County’s On-Line Procurement System. Facsimile and Email submission is strictly

prohibited.

1.14 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 are urging you to please go to our website at

www.knoxcounty.org/procurement, register as a vendor in our on-line procurement system, “KnoxBuys”, 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 the bidder in the preparation

of their bid.

1.16 MULTIPLE BIDS: Knox County will consider multiple bids that meet specifications.

1.17 NON-COLLUSION: Vendors, 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.

1.18 PROCESSING TIME FOR PAYMENT: Vendors are advised that a minimum of thirty (30) days is required to

process invoices for payment when the invoicing instructions herein are followed.

1.19 PROOF OF FINANCIAL AND BUSINESS CAPABILITY: Bidders 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 bidders' ability.

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

efforts, requests that bids be sent electronically. Bids being submitted on paper shall:

1.20.1 Be submitted on recycled paper,

1.20.2 Not include pages of unnecessary advertising,

1.20.3 Be made on both sides of each sheet of paper.

1.21 RESTRICTIVE OR AMBIGUOUS SPECIFICATIONS: It is the responsibility of the prospective bidder to review

the entire Invitation for Bids (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 bid procedures must be received in the Procurement

Division no later than 4:30 p.m. Eastern Time on April 12, 2024. These requirements also apply to specifications

that are ambiguous.

1.22 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 bidder acknowledges and accepts the terms and conditions stated in the document

and will legally bind the vendor to the County’s request for goods and/or services.

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

request.

1.24 TERM BID AGREEMENTS: If this bid results in a term bid Contract with the vendor, Knox County must receive

all general price decreases that other similar customers receive.

1.25 TITLE VI OF THE 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 2000d. It is the policy of Knox County Government that all its services and

activities be administered in conformance with the requirements of Title VI.

1.26 USE OF BID FORMS: Vendors must complete the bid forms contained in the bid package. Failure to complete

the bid forms may result in rejection of their bid.

1.27 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.

1.28 VENDOR REGISTRATION: Prior to the opening of this bid, ALL BIDDERS must be registered with the

Procurement Division. A vendor application may be submitted online at www.knoxcounty.org/procurement. Select

the On-Line Vendor Registration link and complete the forms. Vendors must be registered with the Procurement

Division prior to submitting their bid.

1.29 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

County.

2.4 BACKGROUND CHECKS: A Knox County Sheriff’s Office and/or Tennessee Bureau of Investigation background

check may be a requirement for all employees of the Contractor’s staff providing services to certain information-

sensitive departments (e.g. Knox County Sheriff’s Office and the court system areas). Certain felony convictions

will prohibit individuals from servicing these departments. All costs associated with background checks will be the

responsibility of Knox County. NOTE: These checks are separate from the Criminal History Record Checks

detailed in Section 2.8.

2.5 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 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 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.

2.6 CHILD LABOR: Contractor agrees that no products or services will be provided or performed under this Contract

which have been manufactured or assembled by child labor.

2.7 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.

2.8 CRIMINAL HISTORY CHECK: Any and all successful vendors, vendor employees, and any vendor sub-

contractors and its employees that perform any services at Knox County Schools must submit to a criminal history

records check at vendor’s expense. This is 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. Bidders must submit with

their bid the Criminal History Affidavit of Compliance (Attachment C).

2.9 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.

2.10 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.

2.11 INCORPORATION: All specifications, drawings, technical information, Invitation for Bids, 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.

2.12 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.

2.13 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.

2.14 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.

2.15 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.

2.16 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.

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

of a response to this solicitation, each bidder and each person signing on behalf of any bidder 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 bidder is not currently engaged in, and will not for the duration of the

contract engage in, a boycott of Israel.

2.18 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.

2.19 ORDER OF PRECEDENCE: In the event of inconsistent or conflicting provisions of this Contract and referenced

documents, the following descending order of precedence shall prevail: (1) Contract, (2) Invitation for Bids, (3)

Bid, (4) Award, (5) Special Terms and Conditions, (6) General Terms and Conditions, (7) Specifications, (8)

Drawings.

2.20 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, right of set-off, refund, incidental,

consequential and compensatory damages and reasonable attorney’s fees.

2.21 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.

Name of Solicitation	Number	Deadline Due Date	Buyer	Attachments
Facility Waste Collection Services	3536	04-23-24	Brian Hubbs (865) 215-5753	Click Here for the Solicitation

Facility Waste Collection Services

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