Bulk Fuel

Agency: Knox County
State: Tennessee
Type of Government: State & Local
Category:
  • 91 - Fuels, Lubricants, Oils, and Waxes
Posted: Apr 29, 2022
Due: Jun 1, 2022
Solicitation No: 3266
Publication URL: To access bid details, please log in.
Name of Solicitation Solicitation Number Deadline Due Date Buyer Attachments
Bulk Fuel 3266 06-01-22

Brian Hubbs
(865) 215-5753

Click Here for the Solicitation

Attachment Preview

The Procurement Division of Knox County, Tennessee will receive sealed bids for the provision of Bulk Fuel as specified
herein. Bids must be received by 2:00 p.m. on June 1, 2022. Late bids will be neither considered nor returned.
Deliver Bids To:
Bid Number 3266
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 Brian Hubbs,
Construction and Contract Specialist, at 865-215-5753. Questions and additional information may be emailed to
Brian Hubbs at brian.hubbs@knoxcounty.org. 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 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 Bids.
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 a location basis, zone basis, item-by-item basis, an all or none basis, or by multiple award, whichever is in the
best interest of the County. Knox County reserves the right to not award this bid. Award will be made in accordance
with the evaluation criteria specified herein.
1.6 BID DELIVERY: Knox County is currently undergoing a software upgrade and is currently unable to accept
electronic submission of bids. All bids must be submitted in hard copy format to the address listed in the solicitation.
Knox County requires bidders, when hand delivering bids, to time and date stamp the envelope before depositing
it in the bid box. The time clock in the Procurement Division shall become the official record of time. Knox County
will not be responsible for any lost or misdirected mail sent by common carrier. Knox County will not be responsible
for bids delivered to addressees other than the one listed at the top of 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.
1.7 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 disadvantaged businesses. Knox
County welcomes submittals from those disadvantaged businesses that have an interest in providing goods and/or
services listed herein.
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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, CPPB, Business Outreach Administrator
Knox County Procurement
Telephone: 865-215-5760
Fax: 865-215-5778
Email: diane.woods@knoxcounty.org
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 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.
1.9 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. Knox County’s Non-Conflict of
Interest Policy is available for review at https://www.knoxcounty.org/purchasing/conflict_policy.php.
1.10 COPIES: Knox County requires that bids being submitted by hand be submitted with one (1) marked original and
one (1) exact copy.
1.11 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 bid being non-
responsive and disqualified.
1.12 INCURRED COSTS: Knox County will not be responsible for any costs incurred by the bidder in the preparation of
their bid.
1.13 NON-COLLUSION: Vendors, 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.
1.14 PAYMENT METHOD: 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 the 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). Orders placed on the credit card will list the
same information as the Purchase Order. Vendors will be given the card information and approval to process the
transaction for the requesting department. Vendors must indicate in their bid response if the Vendor will accept the
Knox County Credit Card (VISA) as 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.
1.15 PROCESSING TIME FOR PAYMENT: Vendors are advised that a minimum of thirty (30) days is required to
process invoices for payment when the invoicing instructions herein are followed.
1.16 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 bidders' ability.
1.17 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:
1.17.1 Be submitted on recycled paper.
1.17.2 Not include pages of unnecessary advertising.
1.17.3 Be made on both sides of each sheet of paper.
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1.18 RESTRICTIVE OR AMBIGUOUS SPECIFICATIONS: It is the responsibility of the prospective bidder to review the
entire Invitation for Bids (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 bid procedures must be received in the Procurement Division no later than 4:30 p.m. local time on May 17,
2022. These requirements also apply to specifications that are ambiguous.
1.19 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 bidder acknowledges and accepts the terms and conditions stated in the document. The
submission of your bid through our on-line portal will be the acknowledgement of signature.
1.20 TAXES: Knox County purchases are not subject to taxation. Tax exemption certificates will be provided upon
request. Knox County is a tax-exempt local government entity exempt from the Federal excise tax but required to
pay Federal Leaking Underground Storage Tax (L.U.S.T.) and Federal Environmental Fee tax. Do not add any
special tax or fee in the bid price. If a tax or fee is assessed or legislated, the amount is to appear on the invoice
as a separate line item if Knox County is not exempt from payment of the tax or fee.
1.21 TERM BID AGREEMENTS: If this bid results in a term bid Contract with the vendor, Knox County must receive all
general price decreases that other similar customers receive.
1.22 TITLE VI OF THE 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 2000d. It is the policy of Knox County Government that all its services and activities be
administered in conformance with the requirements of Title VI.
1.23 USE OF BID FORMS: Vendors must complete the bid forms contained in the bid package. Failure to complete the
bid forms may result in rejection of their bid.
1.24 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.
1.25 VENDOR REGISTRATION: Prior to the opening of this bid, ALL BIDDERS must be registered with the
Procurement Division. If you are not already a registered vendor with Knox County, a vendor application must be
completed and submitted via email to lindsay.stout@knoxcounty.org. Vendors must be registered with the
Procurement Division prior to submitting their bid.
1.26 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 Knox 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.
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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
which 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 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: This Contract shall be governed by the laws of the State of Tennessee, 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.
2.9 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 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 covenantsthat 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.
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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.
2.16 ORDER OF PRECEDENCE: In the event of inconsistent or conflicting provisions of this Contract and referenced
documents, the following descending order of precedence shall prevail: (1) Contract, (2) Invitation for Bids, (3) Bid,
(4) Award, (5) Special Terms and Conditions, (6) General Terms and Conditions, (7) Specifications, (8) Drawings.
2.17 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 set-off, refund, incidental,
consequential and compensatory damages and reasonable attorney’s fees.
2.18 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.
2.19 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.
2.20 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 and signature that 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.
2.21 TERMINATION: Knox County may terminate this agreement with or without cause, upon written notice of not less
than thirty (30) calendar days. In the event of termination by either party, fees due for services satisfactorily
performed or goods accepted prior to the terminationdate shall be paid.
SECTION III SPECIAL TERMS AND CONDITIONS
3.1 INTENT: The intent of this bid is to obtain a qualified Vendor to provide and deliver bulk fuel as desired by the Knox
County Fleet Service Center and Knox County Parks and Recreation. Award will be based on Best Value. Best
Value means more than low cost. It includes initial cost, service quality and other factors detailed herein.
3.2 ACCEPTANCE: Vendors are advised that the payment of an invoice does not necessarily constitute an acceptance
of goods or services that are provided. Acceptance requires a specific written action by Knox County so stating.
3.3 ACCOUNT SET-UP: The successful Vendor will be required to set up separate accounts for Knox County Fleet
Service Center and any other departments that may use this Term Contract. The successful Vendor will be required
to invoice, as well as post payment, to the proper agency.
3.4 ADDITIONS AND DELETIONS: Knox County reserves the right to add fuel products and/or locations to this term
bid or delete fuel products and/or locations that Knox County deems necessary. Any additions/deletions must be
approved in writing by Knox County Procurement prior to any changes in service.
3.5 AWARD STATUS: Knox County intends to issue a one-year (1) award. Upon the mutual agreement of each vendor
and Knox County, the award may be extended for four (4) additional years, one (1) year at a time. This may result
in a total of five (5) years. Knox County reserves the right to purchase these servicesfrom other sources if the need
arises. Knox County reserves the right to revoke the award if these services are not satisfactory or a pattern of
unavailability arises.
3.6 BIDDER OBLIGATION: Each bidder shall become fully acquainted with conditions relating to the scope and
restrictions attending the execution of the work under this IFB. The failure or omission of a bidder to become
acquainted with existing conditions shall no way relieve the bidder of any obligations with respect to this IFB or to
the Contract.
3.7 BID EVALUATION: In evaluating the bids, Knox County reserves the right to use any or all of the ideas from the
bids submitted without limitation and to accept any part or all of the successful bid in selecting an operation which
is judged to be in the best interest of the Knox County. All material submitted becomes the property of Knox County.
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