Ice Cream for Schools

The Procurement Division of Knox County, Tennessee will receive sealed bids for the provision of Ice Cream for Schools
as specified herein. Bids must be received by 2:00 p.m. Local Time on May 19, 2026. Late bids will be neither considered nor
returned.
Deliver Bids To:
Bid Number 3740
Knox County Procurement Division
Suite 100, 1000 North Central Avenue
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 Susan Colella, Senior
Buyer, at 865.215.5769 or emailed to susan.colella@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 online 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 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 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 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.
Knox County also reserves the right to not award this bid. The evaluation criteria are listed herein.
1.6 BID DELIVERY: Knox County requires respondents, when hand delivering submittals, 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 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 BIDS REQUESTED ON BRANDS OR EQUAL: Unit price bids are requested on products that are 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. Or Equal does not mean
the manufacturing process, but rather that the item will perform in the manner needed by the County. 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 that 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.
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1.8 BUSINESS OUTREACH PROGRAM: The purpose of this program is to increase the opportunity for companies
doing business with Knox County by encouraging participation through site visits, providing education and support
regarding policies and procedures, and actively recruiting all interested suppliers.
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 (1) exact copy. No copies
are needed with an electronic bid response.
1.11 DECLARATIVE STATEMENTS: Any statement or words (e.g.: must, shall, will) are declarative statements and
the vendor must comply with the condition(s). Failure to comply with any such condition may 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
bid.
1.13 ELECTRONIC TRANSMISSION OF BIDS: Knox County's Procurement Division will not accept electronically
transmitted bids through the County's online Procurement system. Facsimile and email submission are 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 online vendor registration and
maintenance, electronic receipt of purchase orders, online retrieval and submittal of quotes, and bids for our vendor-
clients and online 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 online 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 bidder in the preparation of
their bid.
1.16 MULTIPLE BIDS: Knox County will consider multiple bids that meet specifications.
1.17 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.
1.18 PAYMENT METHOD: Knox County utilizes two (2) methods of placing orders for products and/or services. 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 with the card will list the
same information as the Purchase Order. Vendors will be given 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 from charging Knox County any type of merchant fee from their financial
institution to accept this type of payment.
1.19 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.
1.20 PROCESSING TIME FOR PAYMENT: Vendors are advised that a minimum of thirty (30) days is required to process
invoices for payment.
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1.21 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.
1.22 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:
1.22.1 Be submitted on recycled paper.
1.22.2 Not include pages of unnecessary advertising.
1.22.3 Be made on both sides of each sheet of paper.
1.23 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 May 5, 2026 @ 4:30 P.M. Local Time.
These requirements also apply to specifications that are ambiguous.
1.24 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
document. 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/services and the vendor's subsequent
response.
1.25 TAXES: Knox County purchases are not subject to taxation. Tax exemption certificates will be provided upon
request.
1.26 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.
1.27 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.
1.28 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 online 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 will not be responsible for technical difficulties experienced by vendors trying to register
electronically less than twenty-four (24) hours prior to bid opening.
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.
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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 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 CRIMINAL HISTORY RECORDS CHECK: Any and all successful vendors, vendor employees and any vendor
subcontractors 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; 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.
2.10 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.
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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, exemplary damages or lost profits, even if Knox County has been advised of the possibility of such
damages.
2.16 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.
2.17 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
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.
2.18 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)
Drawings.
2.19 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.
2.20 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.
2.21 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.
2.22 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, 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.
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2.23 TERMINATION: County may terminate this agreement with or without cause at any time upon thirty (30)
calendar days' notice. In the event of termination by either party, fees due for services satisfactorily performed or
goods accepted prior to the termination date shall be paid.
2.24 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: This solicitation is to convey to vendors the quality and type of Ice Cream required by Knox County and
Knox County Schools. 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: Bidders are advised that the payment of an invoice does not necessarily constitute as an
acceptance of goods or services that are provided. Acceptance may require a specific written action by Knox County
so stating.
3.3 ADDITIONS OR DELETIONS OF GOODS AND/OR SERVICES: Knox County reserves the right to add or delete
goods or services as the need arises. If items are to be added, Knox County and the Contractor will arrive at a
mutually agreed price.
3.4 AUTHORIZED DEALER/SELLER: Bidders must submit, upon request, signed written factory documentation that
they are authorized dealers/resellers for the products they are bidding. If bidder is the manufacturer of the product(s)
they are bidding, a signed statement stating that fact must be included with their bid. Failure to comply with this
request may be just cause for rejections of their bid. This may require multiple statements.
3.5 AWARD STATUS: Knox County intends to issue a one-year award. Upon the mutual agreement of the vendor and
Knox County, the award may be extended four (4) additional years, one (1) year at a time. This may result in a total
of five (5) years. The renewal option is at the discretion of the County. Should the County desire not to renew, no
reason needs to be given. Knox County reserves the right to purchase these services from other sources if the
need arises. Knox County reserves the right to revoke the award if a pattern of unavailability arises with the vendor.
3.6 BID EVALUATION: In evaluating the bids, Knox County reserves the right to use any or all of the ideas from the
bids submitted without limitation and to accept any part or the entire successful bid in selecting an operation which
is judged to be in the best interest of Knox County. All material submitted becomes the property of Knox County
and is therefore considered an open document under the Public Records Act.
3.7 BIDDER OBLIGATION: Each bidder shall become fully acquainted with conditions relating to the scope and
restrictions attending the execution of the work under this IFB. The failure or omission of a bidder to become
acquainted with existing conditions shall no way relieve the bidder of any obligations with respect to the IFB.
3.8 BILLING FOR SCHOOLS: Invoices shall be submitted in duplicate to the Knox County Schools Food and Nutrition
Department, P.O. Box 2188, Knoxville, TN 37901 and shall contain the following information: purchase order
number, item number, item description, quantity, unit price, extended totals and applicable discounts noted for items
delivered. All terms and discounts must be listed on the invoice.
A separate statement for each school location will be prepared monthly. Accounts will close on the last day of the
month. Invoices must be delivered or sent each week and statements will be forwarded no later than the three (3)
business days after the end of each month to the attention of Knox County Schools Food and Nutrition Department.
Each statement must contain the following:
* Name of school location.
* Total of each individual invoiced delivery for the month.
* Total of aggregate invoiced deliveries for the month.
* Total of all credits from shortages or damaged products for the month.
Failure to enter the above information on the invoice may cause a delay in payment. Payment shall be made on
partial deliveries accepted by the Knox County Schools Food and Nutrition Department.
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3.9 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION: Attached is a Certificate of Independent Price
Determination. All vendors must complete the form and submit it with their bid response. Vendors that do not submit
the certificate will not be considered.
3.10 CERTIFICATE OF RESTRICTIONS ON LOBBYING: Attached is a Certificate of Restrictions on Lobbying. All
vendors must complete the form and submit it with their bid response. Vendors that do not submit the certificate will
not be considered.
3.11 CERTIFICATE REGARDING DEBARMENT: Attached is a Debarment Certification. All vendors must complete the
form and submit it with their bid response. Vendors that do not submit the certificate will not be considered.
3.12 CHANGES AFTER AWARD: It is possible that after the award, the County might change its needs or requirements.
Knox County reserves the right to make such changes after consultation with the vendor. Should additional costs
arise, the County reserves the right to consider accepting these changes provided the vendor can document the
increased costs. Knox County also reserves the right to accept proposed service changes from the vendor if they
will lower the cost to Knox County Schools and/or provide improved service.
3.13 CODE OF CONDUCT: The following conduct will be expected of all person(s) who are engaged in the awarding
and administration of contracts supported by Knox County School Food and Nutrition Program Funds.
3.13.1 No employees, officer or agent of Knox County or the School Nutrition Program shall participate in selection
or in the award or administration of a contract supported by program funds if a conflict of interest, real or
apparent would be involved.
3.13.2 Conflicts of interest arise when one of the following has a financial or other interest in the firm selected for
this award:
a) The employee, officer or agent
b) Any member of his/her immediate family
c) His or her partner
d) An organization which employs or is about to employ one of the above
3.13.3 Knox County School Nutrition employees, officers or agents shall neither solicit nor accept gratuities, favors
or anything of monetary value from Contractors, potential Contractors or parties to sub-agreements.
3.13.4 The purchase of any food or service from a Contractor for individual use is prohibited using school bid
prices.
3.13.5 The removal of any food, supplies or equipment for individual use is prohibited.
3.13.6 The outside sale of such items as used oil, empty cans and the like will be sold by contract according to the
School Board policy and the outside agency.
3.13.7 Failure of any Knox County School Nutrition employee to abide by the above could result in a suspension
or dismissal. Interpretation of the code will be administered by the Knox County Procurement Division. The
Knox County Procurement Division will not be responsible for any other explanation or interpretation which
anyone presumes to make on behalf of the schools.
3.13.8 Failure of a Contractor's agent to abide by these rules or facilitate a school employee the opportunity to not
abide by these rules by actively participating in a breach of one or more of the rules hereby established
may result in termination of the Contract.
3.14 DELIVERY: See attached list of billing addresses for participating school locations and each school's cafeteria
manager. Deliveries must be made to each school between the hours of 6:30 a.m. and 1:30 p.m. (Eastern Time).
In addition, the vendor must keep informed of emergency school closings (i.e. snow, ice, etc.). When schools are
closed due to an emergency, the delivery will be made on the next day that schools are reopened, unless notified
otherwise. School closings are announced on local television and radio. Deliveries are to be made FOB destination
to each school. Contractor must schedule delivery with each school. Delivery schedules may differ per school.
However, it is anticipated that deliveries will be made at a minimum of one (1) time per week.
3.15 DELIVERY FAILURES: Failure of a vendor to deliver within the time specified, or within a reasonable time as
interpreted by the participating schools, or failure to make replacements of rejected items when so requested,
immediately or as directed by the participating schools, shall constitute authority for the participating schools to
purchase in the open market items of comparable grade to replace the items rejected or not delivered. On all such
purchases the vendor shall reimburse the participating schools, within a reasonable time specified by the
participating schools, for any expense incurred in excess of the contract price.
3.16 DESTINATION AND DELIVERY: Bidders must include all destination and delivery charges in their price. There will
be no extra hidden charges. Delivery must be "free on board" to the County department.
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3.17 DRUG-FREE WORKPLACE: If Contractor has five or more employees receiving pay: Contractor shall have a drug-
free workplace program that complies with Title 50, Chapter 9 of the Code of Tennessee, shall obtain a certificate
of compliance with the applicable portions of the Drug-Free Workplace Act from the Department of Labor and
Workforce, and shall provide the Affidavit required by Public Acts, 2000, Chapter 918. Contractor shall ensure that
it is in compliance with Public Acts, 2000, Chapter No. 918.
3.18 ELECTRONIC ORDERING: If vendor has an internet-based ordering system, vendor should include details of the
system with the bid. Participating schools may or may not wish to order electronically.
3.19 ENERGY POLICY AND CONSERVATION ACT: Vendors must comply with mandatory standards and policies
related to energy efficiency which are contained in the state energy and conservation plan issued in compliance
with the Energy Policy and Conservation Act (PL 94-163, 89 Sat. 871).
3.20 EQUAL EMPLOYMENT OPPORTUNITY: All contracts awarded in excess of $10,000 by grantees and their
contractors or subcontractors shall comply with Executive Order 11246 entitled "Equal Employment Opportunity"
as amended by Executive Order 11375 and supplemented under the Department of Labor Regulations 41 CFR,
Part 60.
3.21 EVALUATION CRITERIA: The following criteria will be the basis for award.
Cost 100 Points
3.22 EVALUATION REVIEW: Knox County reserves the right to use all pertinent information that might affect the
County's judgment as to the appropriateness of an award to the best-evaluated vendor. This information may be
appended to the bid evaluation process results. Information on a service provider from reliable sources, and not
within the service provider's bid, may also be noted and made a part of the evaluation file. Knox County shall
have sole responsibility for determining a reliable source. Knox County reserves the right to conduct written
and/or oral discussions/interviews after the bid opening. The purpose of such discussions/interviews is to provide
clarification and/or additional information to make an award which is in the best interest of Knox County.
3.23 FUEL CHARGES: Contractor, at its own expense, is liable for all fuel costs related to performance. No fuel
surcharges will be accepted or paid by Knox County.
3.24 HAZARD ANALYSIS CRITICAL CONTROL POINTS STATEMENT: Vendors shall certify that all products packed
by their institution or at their facility are manufactured under the Good Manufacturing Practices (GMP) as outlined
by the FDA. Vendor so states that they employ the principles of Hazard Analysis Critical Control Points (HACCP)
in all of their processing lines and write or provide a statement thereto. Failure to include this statement in the
vendor's bid response will render the bid non-responsive.
3.25 IDENTIFICATION: Employees of the vendor shall have proper identification displayed at all times while on Knox
County property.
3.26 INSURANCE: The successful Contractor(s) must carry the insurance as indicated on the Insurance Attachment
hereto. As proof of the Contractor's willingness to obtain and maintain the insurance, the Contractor must complete,
sign, and have its insurance agent sign the attachment and submit it with the bid response. Upon the Notification
of Intent to Award, the successful Contractor(s) will be required to submit a Certificate of Insurance (COI) with the
appropriate coverages and listing Knox County Tennessee/Knox County Schools as an additional insured. It shall
be the successful Contractor's responsibility to always keep a current COI on file with Knox County Procurement.
3.27 INTERPRETATION: No oral interpretation will be made to any bidder regarding the meaning of specifications. All
questions are to be submitted in writing or electronically (email) and will be answered in the form of an amendment
to the solicitation by the Knox County Procurement Division.
3.28 LICENSE REQUIREMENTS: All vendors doing business in Knox County are required to be licensed in accordance
with the business license regulations of Knox County, Tennessee. Wholesale and retail merchants without a location
in Knox County are exempt from this requirement. A copy of the license must be included with the bid, if applicable.
3.29 LINES OF COMMUNICATION: Only the department representative shall instruct or make requests of the
successful Contractor. All communications relating to bid pricing between the Knox County department and the
vendor shall be in writing with a copy to the Knox County Purchasing Division representative.
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The successful Contractor must designate a representative (contact person) to facilitate day-to-day problems,
matters concerning the program, policy, negotiations, etc. In addition, the successful Contractor shall appoint an
account sales representative to confer with the department representative in matters pertaining to products, product
mark-outs and delivery schedules.
3.30 MINIMUM REQUIREMENTS TO PARTICIPATE IN THIS SOLICITATION:
* Minimum 5 years' experience supplying similar product/commodities and services to school districts and
letters of reference from a similar school system of size and scope (hospitals, nursing facilities, etc.)
* Must have a statement adhering to the HACCP standards for food processing as described by the USDA
Prior to award of this bid, Knox County will require the apparent successful bidder to provide proof of their ability to
meet the aforementioned requirements. Reports or documentation must be furnished within twenty-four (24) hours
of notice. Failure to meet the requirements may result in the bidder being declared nonresponsive.
3.31 NEWS RELEASES BY VENDORS: As a matter of policy, Knox County does not endorse the services of a
contractor. A contractor will not make news releases concerning any resultant contract from this solicitation without
the prior written consent from Knox County.
3.32 NO CONTACT POLICY: After the date and time that the vendor receives this solicitation, any contact initiated by
any bidder with any Knox County representative, other than the Procurement Division representative listed herein,
concerning this invitation for bid is strictly prohibited. Any such unauthorized contact may cause the disqualification
of the bidder from this procurement transaction. Vendors may be required to sign an affidavit to this policy.
3.33 NUTRITIONAL INFORMATION: Vendor must provide nutritional information upon request. All products must meet
Smart Snacks in Schools nutritional guidelines. Additionally, all products must be free from artificial dyes.
3.34 OFFER WITHDRAWAL: No bid can be withdrawn after it is filed unless the offeror makes a request in writing to the
Knox County Procurement Division prior to the time set for the opening of bids or unless the County fails to accept
within ninety (90) business days after the date fixed for opening the Invitation for Bid.
3.35 OPEN RECORDS ACT: Knox County is subject to the Tennessee Open Records Act 10-7-503 et seq. Bidders are
cautioned that all documents submitted on behalf of this Invitation for Bid shall be open to the public for viewing and
inspection and Knox County will comply with all legitimate requests.
3.36 PACKAGING: Knox County will not be liable for any charges for packaging, crating, carting, drayage or storage in
excess of the purchase price of this order unless stated otherwise herein.
3.37 PENALTIES FOR FAILURE TO PERFORM: Any one or combination of penalties for failure to perform may be
used:
* Payment for items bought from other sources
* Termination of Contract
* Suspension from future business
* Legal action and civil penalties
* Criminal action
3.38 PRICES AND NOTATIONS: Bids must be submitted on attached bid forms. All prices and quotations shall be
shown in ink or typewritten. Quote on each item separately. Prices quoted must be net, including all trade discounts,
rebates, and billbacks. Sheltered income agreements between the vendor and the manufacturer are of no concern
or consequence to Knox County.
Prices quoted must be a Fixed Cost with no additional fees.
Any new items added during the contract period must be added at a fixed cost with no additional fees for the same
time period as the original items on the contract. Vendor must state brand, unit price and extension for each item.
Informalities such as mathematical errors may be waived; corrections may be made adjacent thereto but should be
initialed in ink by the vendor.
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If a vendor submits a non-specified item that has not been previously approved through the sampling process, that
item will be calculated at the highest price submitted from all vendors for that line item. If there are no-bid items
from a bidder, the item will be removed from the overall bid calculation.
All purchase orders placed under this Contract shall be delivered and invoiced at the Contract price prevailing at
the time the order is placed, regardless of the actual delivery date. Pick up pricing can be included in addition, but
the final judgment will be based on delivered pricing. Any minimum quantities or shipping restrictions must be stated
clearly on the bid. Vendors must be willing to extend credit to Knox County.
3.39 PRICING: Due to the nature of the products required in this solicitation, Knox County will allow the successful
bidder(s) to request a price increase every six (6) months through the duration of the Contract. Any requests for
price adjustments must be received no later than June 1st for the period beginning July 1st and no later than
December 1st for the period beginning January 1st of each contract year. If a requested price increase is not received
within the stated timeframe, no increase will be given.
Contractor will not be granted price increases at any other time during the Contract terms. Price increase requests
shall include at a minimum:
3.39.1 The cause for the adjustment. This may include, but not be limited to, letters from suppliers.
3.39.2 The amount of the change requested with written documentation tied to the Producer Price Index (PPI) to
support the requested adjustment.
3.39.3 Notice to Knox County to be given thirty (30) days before the upcoming six-month term.
If a price increase is rejected, the vendor may:
3.39.4 Continue with the existing price.
3.39.5 Request a lower price increase.
3.39.6 Not accept the renewal offer.
Any requests for price increases will be tied to the Producer Price Index (PPI) for the items listed. If a price increase
is approved by Knox County, the approval notification will be done in writing and the Contractor will be notified of
the new price schedule and effective date of the increase. This documentation will become part of the bid file. No
approvals will be authorized verbally.
3.40 PROTEST PROCEDURES: Occasionally, there will be complaints from vendors that the process of awarding a
sealed bid has been unfair in some manner. While Knox County maintains excellent vendor relations, procedures
do exist should a vendor claim that the process is not fair.
The Knox County Procurement Division has established the following procedures concerning protests of awards.
The goal of these procedures is not to "protect the department". Instead, the goal of these procedures is to arrive
at a just settlement of disputes between the County and vendors.
As a first step, vendors who believe there has been a problem with the process or decision should contact the buyer
associated with the bid in question. Usually, the buyer will be able to explain the County's rationale for the decision
and the vendor will be satisfied. However, if the vendor is still not satisfied, the following steps may be taken:
The vendor may notify the Procurement Director, in writing, during the next three (3) business days. Knox County
will not consider complaints filed electronically.
Complaints received after three (3) business days after the award decision has been made will not be considered
for review. The envelope in which the protest is mailed should be clearly marked "Protest of Award Decision."
The written protest should include:
1. The name and address of the protestor.
2. The bid name, bid number, date and any other pertinent information.
3. A statement of reason for the protest.
4. Any supporting documents, exhibits or evidence to substantiate the protest.
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