The Procurement Division of Knox County, Tennessee will receive sealed bids for the provision of Metal and Plastic Pipe
as specified herein. Bids must be received by 2:00 p.m. on April 04, 2019. Late bids will neither be considered nor
Deliver Bids To:
Bid Number 2794
Knox County Procurement Division
1000 North Central Street
Knoxville, Tennessee 37917
The Bid Envelope must show the 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 Karen D.
Smitherman, CPPB, Manager of Construction and Energy Contracts, at 865.215.5753. Questions may be faxed to
865.215.5778. Karen may also be reached at firstname.lastname@example.org. 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
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 bidders, when hand delivering bids, to time and date stamp the envelope
before depositing it in the bid box. The time clock in the Procurement Division shall become the official record of
time. Electronic submissions are recorded electronically. Knox County shall not be responsible for technical
difficulties experienced by vendors trying to register or submit their bid electronically less than one (1) hour prior
to the bid opening 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 Lori Holmann, Business Outreach Coordinator
Knox County Procurement
Knox County Procurement
1.8 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.
1.9 COOPERATIVE PURCHASING: Bidders must 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.
1.10 COPIES: Knox County requires that bids being submitted by hand be submitted with one (1) marked original and
two (2) exact copies. If submitting electronically, no additional copies are needed.
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 ELECTRONIC TRANSMISSION OF BIDS: Knox County's Procurement Division will accept, and strongly
encourages, electronically transmitted bids through the County’s On-Line Procurement System. Facsimile
submission is strictly prohibited.
1.13 HOW TO DO BUSINESS: Knox County utilizes a web-based procurement 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
1.14 INCURRED COSTS: Knox County will not be responsible for any costs incurred by the bidder in the preparation
of their bid.
1.15 MULTIPLE BIDS: Knox County will consider multiple bids that meet specifications.
1.16 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.
1.17 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 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.
1.18 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. local time on March 27, 2019. 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 or submitting your bid through our on-line portal, 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. The submission of your bid through our on-line portal will be the acknowledgement of signature.
1.23 TAXES: Knox County purchases are not subject to taxation. Tax exemption certificates will be provided upon
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
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 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
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
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: 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.
2.9 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.
2.10 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
2.15 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
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, sub-contractor or consultant to Contractor in connection with any goods provided or work
contemplated or performed relative to the agreement.
2.16 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) Item Description, (2) Invitation for
Bids, (3) Bid, (4) Award, (5) Special Terms and Conditions, (6) General Terms and Conditions, (7) Specifications,
2.17 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.
2.18 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.
2.19 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.
2.20 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.
2.21 TERMINATION: County may terminate this agreement with or without cause at anytime. 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.
2.22 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. Return of merchandise not meeting warranties shall
be at contractor’s expense.
SECTION III SPECIAL TERMS AND CONDITIONS
3.1 INTENT: The intent of this solicitation is to convey to prospective vendors the general type and quality of Metal
and Plastic Pipe to be delivered as desired by Knox County at an economical price. Knox County intends to
make a Best Value Award. Best Value means more than low bid. It includes the 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 services that are provided. Acceptance requires a specific written action by Knox County so