The Procurement Division of Knox County, Tennessee will receive sealed Qualifications for the provision of On-Call
Geotechnical Consulting and Materials Testing Services as specified herein. Qualifications must be received by
2:00 p.m. Eastern Time on October 08, 2019. Late Qualifications will be neither considered nor returned.
Deliver Qualifications to:
Solicitation Number 2887
Knox County Procurement Division
1000 North Central Street, Suite 100
Knoxville, TN 37917
The Envelope must show the Qualification Number, Qualification Name, and Qualification Closing Date.
SECTION I GENERAL TERMS AND CONDITIONS
1.1 ADDITIONAL INFORMATION: Knox County wants requests for additional information routed to Ben Sharbel,
CPPO, CPPB at 865.215.5765. Questions may be E-mailed to email@example.com. Information about
the Knox County Procurement Division may be obtained on the Internet at www.knoxcounty.org/procurement.
1.2 ACCEPTANCE: Respondents shall hold their submittal firm and subject to acceptance by Knox County for a
period of ninety (90) business days from the date of the Qualification closing, unless otherwise indicated in their
1.3 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 may 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.
1.4 AWARD: The result of this Request for Qualifications may result in a contractual agreement. It is the intent of
Knox County to negotiate fees and enter into a Contract with a firm or firms to provide the services listed herein.
Knox County reserves the right to not award this qualification.
1.5 BUSINESS OUTREACH PROGRAM: Knox County has established a Business Outreach Program, which has
the responsibility of increasing opportunity for small, minority and women owned businesses. This is being
accomplished through community education programs, policy edification, active recruitment of interested
businesses and process re-engineering. Knox County is committed to ensuring full and equitable participation for
all disadvantaged businesses. Knox County welcomes submittals from those disadvantaged businesses that
have an interest in providing goods and/or services listed herein.
In addition, Knox County strongly encourages the inclusion of disadvantaged businesses by non-disadvantaged
contractors who may wish to partner or subcontract portions of this agreement in order to accomplish the
successful delivery of goods and/or services. If you are a disadvantaged business and would like additional
information about our Business Outreach Program please contact:
Diane Woods, CPPB, Business Outreach Administrator
Knox County Procurement
Lori Holmann, Business Outreach Coordinator
Knox County Procurement
1.6 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 closing of this solicitation.
1.7 COPIES: Knox County requires that Qualifications be submitted as one (1) marked original and four (4) exact
copies. One (1) electronic copy in one (1) complete file shall also be submitted on CD or flash-drive.
1.8 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 submittal
being non- responsive and disqualified.
1.9 ELECTRONIC TRANSMISSION OF QUALIFICATIONS: Knox County's Procurement Division will not accept
electronically transmitted qualifications through the County’s On-Line Procurement System. Facsimile and E-
mail submission is strictly prohibited. All responses must be mailed or delivered by hand.
1.10 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 this
1.11 INCURRED COSTS: Knox County will not be responsible for any costs incurred by the respondents in the
preparation of their response.
1.12 NO CONTACT POLICY: After the date and time that the vendor receives this solicitation, any contact initiated by
any firm with any Knox County representative, other than the Procurement Division representative listed herein,
concerning this Request for Qualifications, is strictly prohibited. Any such unauthorized contact may cause the
disqualification of the firm from this procurement transaction.
1.13 PUBLIC RECORDS ACT: Knox County is subject to the Tennessee Public Records Act 10-7-503 et seq.
Responders are cautioned that all documents submitted on behalf of this Request for Qualifications shall be open
to the public for viewing and inspection and Knox County will comply with all legitimate requests.
1.14 RECYCLING: Knox County, in its continuing efforts to lessen the amount of landfill waste and to further
recycling efforts, requests that submittals being submitted on paper and shall:
1.14.1 Be submitted on recycled paper;
1.14.2 Not include pages of unnecessary advertising;
1.14.3 Be made on both sides of each sheet of paper.
1.15 SIGNING OF SUBMITTALS: In order to be considered, all submittals must be signed. Please sign the
original in blue ink. By signing the response document, the respondent acknowledges and accepts the
terms and conditions stated in the Qualification document.
1.16 SUBMITTAL DELIVERY: Knox County requires respondents, when hand delivering responses, 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. Knox County shall not be responsible for technical difficulties experienced by vendors
trying to register less than twenty-four (24) hours prior to the qualification closing 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.
1.17 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.
1.18 VENDOR REGISTRATION: Prior to the closing of this qualification, ALL RESPONDENTS 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 response.
1.19 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 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 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
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
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 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 solicitation.
2.9 GOVERNING LAW: The laws of the State of Tennessee shall govern this Contract, 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, Request for Qualifications, Submittals,
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 response, each contractor and each person signing on behalf of
any responding firm 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 responding firm 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 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
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.
2.17 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
Qualifications, (3) Submittal, (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, and 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 and warehoused.
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 or proposal 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.
2.22 TERMINATION: County may terminate this agreement with or without cause at any time. 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.
2.23 WARRANTY: Contractor warrants to Knox County that all items delivered and all services rendered shall conform
to the specifications, drawings, solicitation 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
SECTION III SCOPE OF WORK
3.1 SCOPE OF WORK: Knox County, an equal opportunity/affirmative action employer, seeks to retain the services
of a professional engineering consulting firm(s) to provide geotechnical services, construction services, and
environmental services. The professional engineering consulting firm(s) must be on TDOT’s preapproved list.
Responsibilities of the professional engineering firm include, but are not limited to:
a. Engineering testing, analysis, design
b. Geotechnical drilling and rock coring
c. Foundation analysis and testing
d. Pavement assessment and design
e. Construction materials engineering and testing
f. Soils/materials laboratory capabilities
3.2 ACCEPTANCE: Vendors 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
3.3 ADDITIONS/DELETIONS OF GOODS/SERVICES: Knox County reserves the right to add goods and/or
services to this term contract or delete goods and/or services that Knox County deems necessary. Any
additions/deletions must be approved in writing by Knox County Procurement prior to any changes in service.
3.4 AWARD STATUS: Knox County intends to issue a one (1) year award. Upon the mutual agreement of the
vendor(s) and Knox County, the award may be extended for four (4) additional years, one (1) year at a time. This
may result in a total of five (5) years. Knox County reserves the right to purchase these items/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. Should Knox County desire not to renew, no reason needs to be given.
3.5 CHANGES AFTER AWARD: It is possible after award that Knox County may change its needs or requirements.
Knox County reserves the right to make such changes after consultation with the Contractor(s). Should
additional costs arise, Knox County reserves the right to consider accepting these charges provided the
Contractor(s) can document the increased costs. Knox County also reserves the right to accept proposed service
changes from the Contractor(s) if they will lower the cost to Knox County and/or provide improved service.
3.6 COMPLIANCE WITH ALL APPLICABLE REGULATIONS: Vendor agrees and covenants that the company, its
agents and employees will comply with all City, County, State and Federal codes, laws, rules and regulations
applicable to the business to be conducted under this Contract. If the Vendor performs any work knowing it to be
contrary to such laws, ordinances, rules and regulations, the Vendor shall bear all costs arising from them.