The Procurement Division of Knox County, Tennessee will receive sealed bids for the provision of a Fishing Pier as
specified herein. Bids must be received by 2:00 p.m. on January 22, 2025. Late bids will be neither considered nor returned.
Deliver Bids To:
Bid Number 3618
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 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 or emailed to jay.garrison@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 bids may be obtained on the internet at
www.knoxcounty.org/procurement.
1.2 ACCEPTANCE: Bidders shall hold all pricing proposed 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 (IFB).
1.4 AUDIT HOTLINE: Knox County has established an Audit Hotline to report potential fraud and waste. To report
potential fraud, waste or abuse, you can file a report online by accessing
https://www.knoxcounty.org/audit/hotline.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 bidders(s) meeting specifications, and which
presents the product and/or service that is in the best interest of Knox County. Knox County also 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 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, nor will Knox County be responsible for bids 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.
1.7 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
Administrator of Business Outreach
Telephone: 865.215.5760
Fax: 865.215.5778
Email: diane.woods@knoxcounty.org
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1.8 CONFLICT OF INTEREST: Bidders must have read and complied with the "Non-Conflict of Interest" statement
provided in the vendor registration process prior to the closing of this solicitation.
1.9 COPIES: Knox County requires that bids submitted by hand be submitted with one (1) marked original and one (1)
exact copy. Bidders must submit with their written response an exact electronic version of their bid in electronic
format. Knox County requests this electronic copy version be in one (1) complete file.
1.10 DECLARATIVE STATEMENT: Any statement or words (i.e.: must, shall, will, etc.) are declarative statements and
Bidders must comply with the condition. Failure to comply with any such condition will result in their bid being non-
responsive and disqualified.
1.11 ELECTRONIC TRANSMISSION OF BIDS: Due to the nature of this bid, the Knox County Procurement Division
will NOT accept electronically transmitted bids through the County’s On-Line Procurement System. Email and
facsimile submission are strictly prohibited.
1.12 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 bids 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.
1.13 INCURRED COSTS: Knox County will not be responsible for any costs incurred by the bidder in the preparation of
their bid.
1.14 MULTIPLE BIDS: Knox County will consider multiple bids that meet specifications.
1.15 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.
1.16 PAYMENT: 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 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.
The second method is the use of the Knox County Credit Card (VISA). Orders placed on the credit card will list the
same information as the Purchase Order. Vendors will be given the card information and approval to process the
transaction for the requesting department. Vendors must indicate in their bid response if the Vendor will accept the
Knox County Credit Card (VISA) as 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.
1.17 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.
1.18 PROCESSING TIME FOR PAYMENT: Vendors are advised that a minimum of thirty (30) days is required to
process invoices for payment.
1.19 PROOF OF FINANCIAL AND BUSINESS CAPABILITY: Bidders must, upon request, furnish satisfactory evidence
of their ability to fulfill all obligations of the contract in accordance with the terms and conditions of these
specifications. Knox County will make the final determination as to the bidder's 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 being submitted on paper shall:
1.20.1 Be submitted on recycled paper
1.20.2 Not include pages of unnecessary advertising
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1.21 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 bid
procedures must be received in the Procurement Division by January 10, 2025 @ 4:30 p.m. local time. 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 term and conditions stated in the document.
1.23 TAXES: Knox County purchases are not subject to taxation. Tax exemption certificates will be provided upon
request.
1.24 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 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.
1.25 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.
1.26 USE OF BID FORMS: Vendors are to complete the bid forms contained in the bid package. Failure to complete
the bid forms may result in bid rejection.
1.27 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 bidders 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. Please register on-line at our website at www.knoxcounty.org/procurement and click on
“Online Vendor Registration.” Vendors must be registered with the Procurement Division prior to submitting their
bid. 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 bid closing time.
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 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: 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
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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
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 bidding.
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 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.
2.10 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 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.
2.14 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 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.
2.16 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
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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 Bid,
(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, right offset-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.
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 bid and signature that 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.
2.22 TERMINATION: Notwithstanding any other provision of this Contract to the contrary, County may terminate this
Contract with or without cause, upon written notice of not less than thirty (30) business days. Upon termination,
County will pay for services satisfactorily completed but not yet invoiced. Contractor shall not perform additional
work without the expressed permission of County.
In the event Contractor intends to interrupt or discontinue service under this Contract, Contractor agrees to give
Knox County at least one hundred twenty (120) business day advance written notice of said interruption or
discontinuance of service prior to interrupting or discontinuing same. Any interruption or discontinuance of service
without said advance notice shall constitute a material breach of this Contract.
2.23 WARRANTY: Contractor warrants to Knox County that all items delivered and all services rendered shall conform
to the specifications, drawings, bid and/or other descriptions furnished and/or incorporated by reference, and will
be fit for the particular purpose purchased, of merchantable quality, good workmanship, and free from defects.
Contractor extends to Knox County all warranties allowed under the U.C.C. Contractor shall provide copies of
warranties to the County upon request. Return of merchandise not meeting warranties shall be at contractor’s
expense.
SECTION III SPECIAL TERMS AND CONDITIONS
3.1 INTENT: The intent of these specifications is to convey to prospective bidders the general type, size and quality of
the demolition and installation of a Fishing Pier desired for the purpose and use by Knox County Parks and
Recreation Department. Award will be based on Best Value. Best Value means more than low cost. It includes initial
cost, service quality and other factors detailed herein.
3.2 ACCEPTANCE: Vendors are advised that the payment of an invoice does not necessarily constitute as an
acceptance of products or services that are provided. Acceptance requires a specific action in writing by Knox
County so stating.
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This page summarizes the opportunity, including an overview and a preview of the attached documents.