Athletic Field Supplies and Fertilizer

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Agency:	Knox County
State:	Tennessee
Level of Government:	State & Local
Category:	81 - Containers, Packaging, and Packing Supplies 84 - Clothing, Individual Equipment, and Insignia
Opps ID:	NBD13272228714158827
Posted Date:	Apr 15, 2024
Due Date:	Apr 25, 2024
Solicitation No:	3532
Source:	Members Only

Name of Solicitation	Number	Deadline Due Date	Buyer	Attachments
Athletic Field Supplies and Fertilizer	3532	04-25-24	Jay Garrison (865) 215-5767	Click Here for the Solicitation

Attachment Preview

The Procurement Division of Knox County, Tennessee will receive sealed bids for the provision of Athletic Field Supplies

and Fertilizers as specified herein. Bids must be received by 2:00 p.m. on April 25, 2024. Late bids will neither be

considered nor returned.

Deliver Bids To:

Bid Number 3532

Knox County Procurement Division

Suite 100

1000 North Central Street

Knoxville, Tennessee 37917

The Bid Envelope must show the Company Name, 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 Jay Garrison, CPPO,

CPPB, Procurement Coordinator, at 865.215.5767 or emailed to jay.garrison@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 bids 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 Bid (IFB).

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 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

all-or-none basis, line item basis or schedule basis. 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.

Responses 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 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 pages, brochures or other data as 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.

1.8 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 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 sub-contract 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, Administrator of Business Outreach

Knox County Procurement Division

Telephone: 865.215.5760

Email: diane.woods@knoxcounty.org

1.9 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 regarding 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.

1.10 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.

1.11 COPIES: Knox County requires that bids be submitted as one (1) marked original and one (1) exact copy. No

additional copies are needed if submitting electronically.

1.12 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 will result in the bid being considered

non-responsive and disqualified.

1.13 DESCRIPTIVE LITERATURE: Vendors, if bidding other than specified, must clearly identify the manufacturer and the

specifications to which they are submitting. Vendors may also be requested to provide descriptive literature with their

bid.

1.14 ELECTRONIC TRANSMISSION OF BIDS: Knox County's Procurement Division will accept, and strongly encourages,

electronically transmitted bids through the County’s online Procurement system. Facsimile and email submission are

strictly prohibited. Knox County shall not be responsible for technical difficulties experienced by vendors trying to

1.15 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.

1.16 INCURRED COSTS: Knox County will not be responsible for any costs incurred by the bidder in the preparation of

their bid.

1.17 MULTIPLE BIDS: Knox County will consider multiple bids that meet specifications.

1.18 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.

1.19 PAYMENT METHOD: Knox County utilizes two (2) methods of placing order 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

email. 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 the 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 to charge Knox County any type of merchant fee

from their financial institution to accept this type of payment.

1.20 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.

1.21 PROCESSING TIME FOR PAYMENT: Vendors are advised that a minimum of thirty (30) days is required to process

invoices for payment.

1.22 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.

1.23 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:

1.23.1 Be submitted on recycled paper;

1.23.2 Not include pages of unnecessary advertising;

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

1.24 RESTRICTIVE OR AMBIGUOUS SPECIFICATIONS: It is the responsibility of the prospective bidder to review the

entire Invitation for Bid 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 April 3, 2024 at 4:30 p.m. local time. These

requirements also apply to specifications that are ambiguous.

1.25 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

1.26 TAXES: Knox County purchases are not subject to taxation. Tax exemption certificates will be provided upon request.

1.27 TERM BID AGREEMENTS: If this bid results in a term bid Contract with the vendor, Knox County must receive all

general price decreases that comparable customers receive.

1.28 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.

1.29 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.

1.30 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.

1.31 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. Knox County shall not be responsible for technical difficulties experienced by vendors trying to

1.32 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 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 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; 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.

2.9 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 sub-contractors, suppliers, agents, or employees or due

to any negligent act or occurrence or any omission or commission of Contractor, its sub-contractors, 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 damages.

2.15 NO BOYCOTT OF ISRAEL: Pursuant to Tennessee Code Annotated Title 12, Chapter 4, Part 1, by submission of a

response to this solicitation, each respondent and each person signing on behalf of any respondent 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 respondent is not currently engaged in, and will not for the duration of the

contract engage in, a boycott of Israel.

2.16 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, sub-contractor 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) Item Description, (2) Invitation for Bid, (3)

Bid, (4) Award, (5) Special Terms and Conditions, (6) General Terms and Conditions, (7) Specifications, (8) Drawings.

2.18 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.

This is the opportunity summary page. You are currently viewing an overview of this opportunity and a preview of the attached documentation. For more information, please visit the Publication URL Web page.

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