Wheelchair Safety Guards for CAC

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Agency:	Knox County
State:	Tennessee
Level of Government:	State & Local
Category:	10 - Weapons
Opps ID:	NBD13272627201845977
Posted Date:	Nov 2, 2023
Due Date:	Dec 7, 2023
Solicitation No:	3489
Source:	Members Only

Name of Solicitation	Number	Deadline Due Date	Buyer	Attachments
Wheelchair Safety Guards for CAC	3489	12-07-23	Robert Mackey (865) 215-5754	Click Here for the Solicitation

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The Procurement Division of Knox County, Tennessee will receive sealed bids for the provision of Wheelchair

Safety Guards for CAC as specified herein. Bids must be received by 2:00 p.m. local time on December 7, 2023.

Late bids will be neither considered nor returned.

Deliver Bids to:

Bid Number 3489

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 and Bid Opening Date.

SECTION I GENERAL TERMS AND CONDITIONS

1.1 ADDITIONAL INFORMATION: Knox County wants requests for additional information routed to Robert

Mackey, Senior Buyer, at 865.215.5754. Questions may be emailed to robert.mackey@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 solicitations 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

sixty (60) 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.

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, schedule basis, or by a multiple award. Knox County

also reserves the right to not make an award. 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 and 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.

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 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 particular 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

the 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 the 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 a 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 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:

Knox County Procurement Division

Diane Woods, Business Outreach Administrator

Telephone: 865.215.5760

Fax:

865.215.5778

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 in regard 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.

1.10 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 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

bid being non-responsive and disqualified.

1.12 DESCRIPTIVE LITERATURE: Vendors are to clearly identify the manufacturer and the specifications to

which they are submitting. Vendors must provide descriptive literature with their bid.

1.13 DUPLICATE COPIES: Knox County requires that bids be submitted as one (1) marked original and one (1)

exact copy.

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

encourages, electronically transmitted bids for this solicitation. Facsimile and email submissions 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 subsection 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 NEW MATERIAL: Unless specified otherwise in the bid package, the Contractor must provide new supplies.

New, as used in this clause, means previously unused materials. Material includes but is not limited to, raw

material, parts, items, components, and end products. Contractor submission of other than new materials

may be cause for the rejection of their bid.

1.19 NON-COLLUSION: Vendors, by submitting a signed bid or proposal, certify that the accompanying bid or

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.

1.20 PAYMENT: 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 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). Orders placed with the credit

card will list the same information as the Purchase Order. Vendors will be given the card information and

approval to process the transactions by the requesting department. Vendors must indicate in their proposal

response if the vendor will accept the Knox County E-Commerce Card (VISA) as a form of payment.

Proposers are prohibited to charge Knox County any type of merchant fee from their financial institution to

accept this type of payment.

1.21 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.

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

process invoices for payment.

1.23 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 bidder’s ability.

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

recycling efforts, requests that bids 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

1.25 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 November 20,

2023 at 4:30 p.m. local time. These requirements also apply to specifications that are ambiguous.

1.26 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. The submission of your electronic bid will be the acknowledgement of signature.

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

upon request.

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 bidders list for twenty-four (24)

months.

1.31 VENDOR REGISTRATION: Prior to the closing of this proposal, 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 proposal. Knox County shall not be responsible for technical

difficulties experienced by vendors trying to register or submit their bid less than twenty-four (24) hours prior

to the bid opening time.

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 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.

2.3 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.

2.4 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 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 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.

2.10 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.

2.11 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.

2.12 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.

2.13 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.

2.14 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.

2.15 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.

2.16 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.

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