The Procurement Division of Knox County, Tennessee will receive sealed bids for the provision of Fire Sprinkler Services
as specified herein. Bids must be received by 2:00 p.m. on April 10, 2019. Late bids will be neither considered nor returned.
Please Deliver Bids to:
Bid Number 2800
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 Tom Seagle,
CPPB, at 865.215.5603. Questions may be faxed to 865.215.5778 or emailed to firstname.lastname@example.org.
Information about the Knox County Procurement Division may be obtained on the Internet at
1.2 ACCEPTANCE: Vendors shall hold their price firm and subject to acceptance by Knox County for a period of sixty
(60) 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 1.866.858.4443 (toll-free). You can also file a report online by accessing
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 “all or none” basis, or by a multiple award, whichever is in the best interest of the County. Knox County
reserves the right to not make an award.
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. Knox County will not be responsible for any lost or misdirected mail sent by
common carrier. Knox County will not be responsible for bids delivered to other addresses other than the one listed
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 BID EXPENSES: Expenses for developing the bids are entirely the responsibility of the bidder and shall not be
chargeable in any manner to Knox County.
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 small, minority or woman owned business and would like additional information about our Business
Outreach Program please contact:
Diane Woods, Business Outreach Administrator
Knox County Procurement
Lori Holmann, Coordinator of Business Outreach
Knox County Procurement
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 COOPERATIVE PURCHASING: Vendors are to indicate whether it is permissible for other governments in
Tennessee to purchase these items or services at the same price. Freight charges can be adjusted to reflect
differences in delivery costs. Indicate any additional delivery charges or minimum orders for purchases by other
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 may result in the bid being non-
responsive and disqualified.
1.12 DUPLICATE COPIES: Knox County requires that bids being submitted by hand be one (1) marked original and
one (1) exact copy.
1.13 ELECTRONIC TRANSMISSION OF BIDS: Knox County's Procurement Division will accept electronically
transmitted bids through the County’s On-Line Purchasing System. Facsimile submission is strictly prohibited.
1.14 HOW TO DO BUSINESS: Knox County utilizes a web-based purchasing software system, “Knox Procurement 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/Procurement,
register as a vendor in our on-line Procurement system, “Knox Procurement 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 INCLEMENT WEATHER: During periods of inclement weather in Knox County, the Procurement Division will enact
the following procedures in regards to solicitations and weather delays.
1.15.1 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.
1.15.2 Other weather issues shall be at the sole discretion of the Procurement Director.
1.15.3 Knox County shall not be liable for any commercial carrier’s decision regarding deliveries during inclement
1.16 MULTIPLE BIDS: Knox County will consider multiple bids that meet specifications.
1.17 NON-COLLUSION: Vendors, by submitting a signed bid or proposal, certify that the accompanying bid or 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.
1.18 NON-DISCRIMINATION: Vendors, during the performance of this Contract, will not discriminate against any
employee or applicant for employment because of race, religion, sex, national origin or disability except where
religion, sex, national origin or disability is a bona fide occupational qualification reasonably necessary to the normal
operation of the contractor.
1.19 PAYMENT METHOD: Knox County utilizes two (2) methods of placing orders for products. The first is the use of
Purchase Orders. These Purchase Orders will be issued from Knox County Procurement Division via the method
selected by the vendor during registration. The Purchase Order will detail the quantity, specific items(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 credit card will list
the same information as the Purchase Order. Vendors will be given the card information and approval to process
the transactions by the requesting department. Vendors must indicate in their bid response if the vendor will accept
the Knox County 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: 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 bidder's ability.
1.23 RECYCLING: Knox County, in its continuing efforts to lessen the amount of landfill waste and to further recycling
efforts, requests that bids 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 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 April 1, 2019 by 4:30 pm. These requirements also
apply to specifications that are ambiguous.
1.25 SIGNING OF BIDS: When submitting your bid, in order to be considered all bids must be signed. Please sign the
original in blue ink. When submitting electronically, the submission of the bid constitutes the acceptance of all terms
and conditions and will legally bind the Vendor to the County’s request for goods and/or services and the Vendors
1.26 TAXES: Knox County purchases are not subject to taxation. Tax exemption certificates will be provided upon
1.27 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.
1.28 TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND TITLE IX OF THE EDUCATIONAL AMENDMENT OF 1972:
“Nondiscrimination on 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 and Title IX.
1.29 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.
1.30 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 bidders’ list for twenty-four (24) months.
1.31 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 Vendor Registration link and complete the forms. Vendors must be registered with the Procurement Division
prior to submitting their bid.
1.32 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 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 Knox 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.
2.5 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.
2.6 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. All Contractors must be properly licensed by the State of Tennessee and all other authorities
having jurisdiction. COPIES OF ALL SUCH LICENSES AND/OR PERMITS ARE TO BE SUBMITTED WITH THE
BID. FAILURE TO SUBMIT COPIES OF SUCH MAY LEAD TO BID REJECTION.
2.7 CRIMINAL HISTORY CHECK: Any and all contractors, sub-contractors, successful vendors, vendor employees
and school employees agree to comply with Tennessee Code Annotated Section 49-5-413. Tennessee Code
Annotated Section 49-5-413 requires that all parties providing services at Knox County Schools must submit to a
criminal history records check at their expense. The criminal history check is to be conducted by the Tennessee
Bureau of Investigation and the Federal Bureau of Investigation prior to permitting the party to have contact with
students or enter school grounds when students are present.
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 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: This Contract shall be governed by the laws of the State of Tennessee, 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 LIMITATION 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
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) Invitation for Bid,
(3) Bid 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, 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.
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.