Produce for Government

Agency:	Knox County
State:	Tennessee
Type of Government:	State & Local
Category:	89 - Subsistence (Food)
Posted:	Feb 15, 2024
Due:	Mar 19, 2024
Solicitation No:	3533
Publication URL:	To access bid details, please log in.

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

Government as specified herein. Bids must be received by 2:00 p.m. on March 19, 2024. Late bids will neither be

considered nor returned.

Deliver Bids To:

Bid Number 3533

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 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 online 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.

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 which

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, multiple award, 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 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 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 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, Administrator of Business Outreach

Telephone: 865.215.5760

Emails: diane.woods@knoxcounty.org

Fax: 865.215.5778

1.8 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.

1.9 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.

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

copies are needed with an electronic bid response.

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 will result in the bid being

considered non-responsive and disqualified.

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

the specifications, to which they are submitting. Vendors must also provide descriptive literature with their bid.

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

Division will not accept electronically transmitted bids through the County’s online Procurement system. Email

and/or Facsimile submission are strictly prohibited.

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 online vendor registration and

maintenance, electronic receipt of purchase orders, online retrieval and submittal of quotes, bids and proposals

for our vendor-clients and online 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 online 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.

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

of their bid.

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

1.17 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.

1.18 PAYMENT METHOD: Knox County utilizes two (2) methods of placing orders 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 the email listed on the Vendor’s account only. The Purchase Order will detail the quantity, specific

item(s), and the contracted price for each item.

The second method, and the most cost effective 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 from charging Knox County any type of merchant fee from their financial

institution to accept this type of payment.

1.19 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.

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

process invoices for payment when the Purchase Order method is used.

1.21 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.

1.22 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:

1.22.1 Be submitted on recycled paper

1.22.2 Not include pages of unnecessary advertising

1.22.3 Be made on both sides of each sheet of paper

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

the entire Invitation for Bid (IFB) 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 March 5, 2024 @ 4:30 p.m.

local time. These requirements also apply to specifications that are ambiguous.

1.24 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.

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: “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.

1.27 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.

1.28 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.

1.29 VENDOR REGISTRATION: Prior to the opening of this bid, ALL BIDDERS MUST be registered with the

Procurement Division. Please register on-line at our website at www.knoxcounty.org/Procurement and click on

“KnoxBuys,” and then “Online Vendor Registration.” 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 register electronically less than twenty-four (24) hours prior to the bid closing time.

1.30 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 subcontract 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 defense based on personal jurisdiction, venue, and

inconvenient forum.

2.9 INCORPORATION: All specifications, drawings, technical information, Invitation for Bid, 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 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.

2.11 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

2.16

2.17

2.18

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.

NON-DISCRIMINATION AND NON-CONFLICT STATEMENT: Contractor agrees that no person on the grounds

of handicap, age, race, color, religion, sex, or national origin, or individual trait 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,

subcontractor, or consultant to Contractor in connection with any goods provided or work contemplated or

performed relative to the agreement.

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.

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.

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.

Name of Solicitation	Number	Deadline Due Date	Buyer	Attachments
Produce for Government	3533	03-19-24	Robert Mackey (865) 215-5754	Click Here for the Solicitation

Produce for Government

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See also