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 10, 2019. Late proposals
will neither be considered nor returned.
Deliver Proposal To:
Proposal Number 2801
Knox County Procurement Division
1000 North Central Street
Knoxville, Tennessee 37917
The Proposal Envelope must show the 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 Ben Sharbel,
CPPO, CPPB, Supervisor of Property Development and Asset Management, at 865.215.5765. Questions
may be emailed to email@example.com. Information about the Knox County Procurement Division
and current solicitations 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
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
Diane Woods, Business Outreach Administrator
Knox County Procurement
Lori Holmann, Business Outreach Coordinator
Knox County Procurement
1.7 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.
1.8 COPIES: Knox County requires that all proposals submitted with one (1) marked original and five (5) exact
copies. Proposers must also scan their entire response into one (1) .pdf file and submit on a CD/DVD or
1.9 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.
1.10 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.
1.11 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.
1.12 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. Facsimile submission is strictly prohibited. All proposals must be submitted in hard
copy format to the address listed in this solicitation.
1.13 HOW TO DO BUSINESS: Knox County utilizes a web-based procurement software system, “Knox
Purchasing 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, proposals 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 subsection 1.1 of this document.
1.14 INCLEMENT WEATHER: During periods of inclement weather in Knox County, the Procurement Division
will enact the following procedures in regards to solicitations and weather delays:
• 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 weather issues 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
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
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 E-Commerce 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 that are not able to accept the credit card will not be considered for this term contract.
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 1, 2019 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
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
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
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.
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
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 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
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. All respondents must complete and
submit with their response the Affidavit of Compliance with Iran Divestment Act, attached to the RFP as
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 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 employment practices.
Contractor covenants that it has no public or private interest, and shall not acquire directly or indirectly any
interest which would conflict, in any manner, with the provision of its goods or performance of its services.
Contractor warrants that no part of the total contract amount provided herein shall be paid directly or indirectly
to any officer or employee of Knox County as wages, compensation, or gifts in exchange for acting as officer,
agent, employee, subcontractor or consultant to Contractor in connection with any goods provided or work
contemplated or performed relative to the agreement.
2.17 ORDER OF PRECEDENCE: In the event of inconsistent or conflicting provision of this Contract and
referenced documents, the following descending order of precedence shall prevail: (1) 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.
2.18 REMEDIES: Knox County shall have all rights and remedies afforded under the U.C.C. and Tennessee law
in contract and in tort, including but not limited to rejection of goods, rescission, right of offset, refund,
incidental, consequential and compensatory damages and reasonable attorney’s fees.
2.19 RECORDS: Contractor will maintain records of products and/or services provided to Knox County and make
them available on request.
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.