Traffic Data Collection Services

Agency:	Knox County
State:	Tennessee
Type of Government:	State & Local
NAICS Category:	518210 - Data Processing, Hosting, and Related Services 541330 - Engineering Services 541611 - Administrative Management and General Management Consulting Services 541690 - Other Scientific and Technical Consulting Services 541990 - All Other Professional, Scientific, and Technical Services
Posted Date:	Mar 14, 2024
Due Date:	Apr 17, 2024
Solicitation No:	3547
Bid Source:	Please Login to View Page
Contact information:	Please Login to View Page
Bid Documents:	Please Login to View Page

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The Procurement Division of Knox County, Tennessee will receive sealed proposals for the provision of Traffic Data

Collection Services as specified herein. Proposals must be received by 2:00 p.m. on April 17, 2024. Late proposals will

neither be considered nor returned.

Deliver Proposal To:

Proposal Number 3547

Knox County Procurement Division

Suite 100

1000 North Central Street

Knoxville, Tennessee 37917

Proposal Envelope must show the Company Name, Proposal Number, Proposal Name & Proposal Closing Date.

SECTION I GENERAL TERMS AND CONDITIONS

1.1 ADDITIONAL INFORMATION: Knox County wants requests for additional information routed to Brian Hubbs,

Construction and Contract Specialist, at 865-215-5753. Additional information requests and questions may be

emailed to brian.hubbs@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 may be obtained on the

internet at www.knoxcounty.org/procurement.

1.2 ACCEPTANCE: Vendors shall hold their proposal firm and subject to acceptance by Knox County for a period of

ninety (90) business days from the date of the proposal closing, unless otherwise indicated in their proposal.

1.3 ALTERNATIVE PROPOSALS: Knox County will not accept alternate proposals. Proposers must strictly adhere to

the proposal format.

1.4 AUDIT HOTLINE: Knox County has established an Audit Hotline to report potential fraud and waste. To report

potential fraud, waste or abuse, please call 1-866-858-4443 (toll-free). You can also file a report online by accessing

http://www.knoxcounty.org/hotline/index.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 proposer meeting specifications, who presents

the product and/or service that is in the best interest of Knox County. Knox County reserves the right to award this

proposal on an all-or-none basis or by multiple award. Knox County reserves the right to not award this

proposal. Award will be made in accordance with the evaluation criteria specified herein.

1.6 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 who 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, Business Outreach Administrator

Knox County Procurement

Telephone: 865-215-5760

Fax: 865-215-5778

Email: diane.woods@knoxcounty.org

1.7 CLOSURES: 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 regards 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.

1.8 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. Knox County’s Non-Conflict of

Interest Policy is available for review at https://www.knoxcounty.org/purchasing/conflict_policy.php.

1.9 COPIES: Knox County requires that all proposals submitted with one (1) marked original and three (3) exact

copies. Proposers must also scan their entire response into one (1) .pdf file and submit on a CD/DVD or flash drive.

1.10 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 proposal being

non-responsive and disqualified.

1.11 DEFAULT: Knox County reserves the right, in case of Contractor default, to terminate the Contract and hold the

defaulting Contractor responsible for any excess costs occasioned thereby. Should the Contractor default be due

to a failure to perform Knox County reserves the right to remove the Contractor from the County's bidder’s list for

twenty-four (24) months.

1.12 DESTINATION AND DELIVERY: Proposers 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.

1.13 ELECTRONIC TRANSMISSION OF PROPOSALS: Due to the nature of this proposal, Knox County's Procurement

Division will NOT accept electronically transmitted proposals through the County’s On-Line Procurement System.

Email and facsimile submissions are strictly prohibited. All proposals must be submitted in hard copy format to the

address listed in this solicitation.

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 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, “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 liable in any way for costs incurred by any proposer in the preparation

and submission of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation

in any required meetings, discussions or negotiations. If any oral presentations are required, Knox County advises

vendors to be thorough and complete in submission of information.

1.16 NON-COLLUSION: Vendors, by submitting a signed proposal, certify that the accompanying proposal is not the

result of, or affected by, any unlawful act of collusion with any other person or company engaged in the same line

of business or commerce, or any other fraudulent act punishable under Tennessee or United States law.

1.17 PAYMENT METHOD: Knox County utilizes two (2) methods of placing orders for products/services. The first is the

use of Purchase Orders. These Purchase Orders will be issued from Knox County Procurement Division via the

method selected by the vendor during registration. The Purchase Order will detail the quantity, specific item(s) and

the contracted price for each item.

The second method is the use of the Knox County Credit Card (VISA). Knox County intends to pay for these

products using either a Knox County issued purchase order or a Knox County purchasing card (VISA). Vendors

must be able to accept the Knox County credit card (VISA) for these types of transactions. Proposers are prohibited

to charge Knox County any type of merchant fee from their financial institution to accept this type of payment.

1.18 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.

1.19 PROCESSING TIME FOR PAYMENT: Vendors are advised that a minimum of thirty (30) days may be required to

process invoices for payment.

1.20 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.

1.21 PROPOSAL DELIVERY: Knox County requires proposers, when hand delivering proposals, to time and date

stamp the envelope before depositing it in the proposal box. Knox County will not be responsible for any lost or

misdirected mail. The time clock in the Procurement Division shall serve as the official record of time. Knox County

shall not be responsible for deliveries of proposals to addresses other than address listed in this solicitation.

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.

1.22 RECYCLING: Knox County, in its continuing efforts to lessen the amount of landfill waste and to further recycling

efforts, requests that proposals being submitted on paper shall:

• Be submitted on recycled paper,

• Not include pages of unnecessary advertising,

• Be made on both sides of each sheet of paper.

1.23 RESTRICTIVE OR AMBIGUOUS SPECIFICATIONS: It is the responsibility of the prospective proposer to review

the entire Request for Proposal (RFP) 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 proposal procedures must be received in the

Procurement Division by April 3, 2024 at 4:30 p.m. local time. These requirements also apply to specifications

that are ambiguous.

1.24 SIGNING OF PROPOSALS: When submitting your proposal, in order to be considered, all proposals must be

signed. Please sign the original in blue ink.

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: “Non-discrimination 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 VENDOR REGISTRATION: Prior to the closing of this proposal, ALL PROPOSERS 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 proposal.

1.28 WAIVING OF INFORMALITIES: Knox County reserves the right to waive minor informalities or technicalities when

it is in the best interest of Knox County.

SECTION II OBLIGATIONS, RIGHTS AND REMEDIES

These terms and conditions shall be part of the contract. Knox County reserves the right to negotiate other terms

and conditions it deems appropriate and necessary under the circumstances to protect the public’s trust.

2.1 ALTERATIONS OR AMENDMENTS: No alterations, amendments, changes, modifications or additions to this

Contract shall be binding on Knox County without the prior written approval of the County.

2.2 APPROPRIATION: In the event no funds are appropriated by Knox County for the goods or services in any fiscal

year or insufficient funds exist to purchase the goods or services, then the Contract shall expire upon the

expenditure of previously appropriated funds or the end of the current fiscal year, whichever occurs first, with no

further obligations owed to or by either party.

2.3 ASSIGNMENT: Contractor shall not assign or sub-contract this agreement, its obligations or rights hereunder to

any party, company, partnership, incorporation or person without the prior written specific consent of Knox County.

2.4 BOOKS AND RECORDS: Contractor shall maintain all books, documents, accounting records and other evidence

pertaining to the goods and services provided under this Contract and make such materials available at its offices

at all reasonable times during the contract period and for three (3) years from the date of the final payment under

this agreement for inspection by 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 CHECK: Any and all successful vendors, vendor employees, and any vendor sub-contractors

and its employees that perform services at Knox County Schools must submit to a criminal history records check

at vendor’s expense. This is 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. Proposers must submit with their proposals

a completed Exhibit B, Affidavit of Compliance with Tennessee Criminal History Records Check.

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; 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, Request for Proposal, Proposal, 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 RFP, each respondent and each person signing on behalf of any

respondent certifies, and in the case of a joint submittal each party thereto certifies as to its own organization, under

penalty of perjury, that to the best of its knowledge and belief that each respondent is not on the list created pursuant

to Tennessee Code Annotated § 12-12-106. Proposers must submit with their proposals a completed Exhibit C,

Affidavit of Compliance Iran Divestment Act/No Boycott of Israel.

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

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. Proposers must submit with their proposals a completed Exhibit C,

Affidavit of Compliance Iran Divestment Act/No 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

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.

2.18 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) Contract, (2) Request for Proposal (3)

Contractor’s Response, (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, right of offset, 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.

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 their signed bid or proposal that they are 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.

Name of Solicitation	Number	Deadline Due Date	Buyer	Attachments
Traffic Data Collection Services	3547	04-17-24	Brian Hubbs (865) 215-5753	Click Here for the Solicitation

Traffic Data Collection Services

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