2026-07-204 - Forestry Mulcher.docx

2026-07-204 – FORESTRY MULCHER

The Roane County Purchasing Department will receive sealed bids/proposals/quotes for FORESTRY MULCHER, as specified herein.

Solicitation Number: 2026-07-204

Solicitation Opening Date & Time: October 9, 2025, at 2:00 p.m. Submissions received after this date and time will not be accepted.

Grant Funding: None

Responses must be delivered in a sealed envelope to the address below prior to the solicitation opening date and time. Late responses will not be accepted.

Deliver Solicitation to:

Roane County Purchasing Department 200 East Race Street, Suite 3 Kingston, Tennessee 37763

The solicitation Envelope must show the Company Name, Solicitation Name & Number & Opening Date.

Purchasing Contact Information:

GENERAL TERMS & CONDITIONS

1. Addenda No modifications to the Bid/Proposal/Quote shall be binding upon Roane County unless made in writing by an authorized representative of the Roane County Purchasing Department. Bid addenda, if issued, will be sent to registered bidders. Before submitting a response, it is the vendor’s responsibility to ensure they have received all issued addenda and to prepare their bid, proposal, or quote accordingly.

Pursuant to TCA §12-4-126, questions regarding specifications or solicitation procedures must be submitted to the Purchasing Agent and/or designer no less than ninety-six (96) hours before the opening date. No addenda will be issued less than forty-eight (48) hours before the bid opening date, excluding weekends and legal holidays designated in TCA §15-1-101, unless the solicitation opening is extended for a reasonable period, as determined by the Purchasing Agent. This extension shall be no less than forty-eight (48) hours, excluding weekends and legal holidays designated in TCA §15-1-101, to accommodate necessary changes to solicitation documents and allow responders to revise their submissions accordingly.

All questions concerning the solicitation must be submitted in writing to the Purchasing Department. Information obtained from any other source shall not be considered binding.

2. Appropriation If the Roane County Legislative Body does not appropriate funds for the specified goods and services in any fiscal year, or if insufficient funds are available for their purchase, the Contract shall expire upon the expenditure of previously appropriated funds or at the end of the current fiscal year, whichever occurs first, with no further obligations owed by either party.

3. Availability of Requested Items Vendors must accept responsibility for verifying availability of specified items prior to submission of their solicitation response. If specified items are discontinued, replaced or will not be available for an extended period, the vendor shall notify the Purchasing Department no less than 96 hours prior to the solicitation deadline, excluding weekends and legal holidays.

4. Award - Evaluation Roane County reserves the right to reject any or all bids, proposals, or quotes if deemed in the county’s best interest and may waive any informalities in the responses received. Additionally, Roane County may award a contract for all items, specific items, or a lesser quantity than requested, unless otherwise restricted by the vendor.

If awarded, the contract shall be granted to the responsive and responsible vendor. A Responsive Bid/Proposal/Quote is defined as one that fully complies in all material aspects with the solicitation and its requirements, including both form and substance. A Responsible Vendor is a contractor, business entity, or individual with the capacity to fully perform the contract requirements and the integrity and reliability to ensure good faith performance.

In the event of a tie among bids, proposals, or quotes that are entirely equal, the selection will be determined by a publicly witnessed drawing of lots. Any disputes regarding the contract award must be submitted in writing to the Purchasing Department within five (5) calendar days of the award date.

5. Background Check – School Projects Any employee of the awarded vendor or subcontractor must undergo a criminal history records check before having contact with students or accessing school grounds while students are present, in accordance with TCA § 49-5-413, as amended by Public Chapter 1080. This background check, conducted by the Tennessee Bureau of Investigation (TBI) and the Federal Bureau of Investigation (FBI), is the vendor’s responsibility and must be completed at the vendor’s expense.

6. Bankruptcy or Insolvency If either party becomes subject to voluntary or involuntary bankruptcy or insolvency proceedings, or if a receiver, trustee, or assignee is appointed for the benefit of creditors concerning the seller’s property, Roane County reserves the right to either cancel this contract or affirm it and hold the seller liable for damages. Additionally, in the event of a breach of any contract terms, including the seller’s warranties, Roane County may exercise the same right to cancellation or enforcement with damages.

7. Bid/Proposal/Quote Acceptance Quoted prices shall remain firm and valid for acceptance by Roane County for 60 calendar days from the bid opening date, unless otherwise specified by the bidder in their bid, proposal, or quote. If the contract is awarded within this period, the bidder agrees to provide all specified supplies or services at the quoted prices and delivery terms.

8. Business Licenses In-State Contractors:

· An in-state business location has gross receipts exceeding $3,000 but less than $100,000 annually, you are required to obtain a minimal activity license from Roane County Clerk.

· For gross receipts of $100,000 or more annually, a standard business license must be obtained from your Roane County Clerk. It is mandatory to secure and display the appropriate license before commencing operations.

Out-of-State Contractors:

· Out-of-state contractors performing contracts in Tennessee are subject to business tax and local business licensing as follows:

· If an out-of-state contractor’s sales during its fiscal year exceed $100,000 in any Tennessee county, the contractor must obtain a business license from the Roane County Clerk.

· Similarly, if sales exceed $100,000 in any municipality within Tennessee, a business license from the Roane County Clerk is required, along with the payment of business tax to the Department of Revenue.

· Out-of-state contractors with annual gross sales of $100,000 or less in any county are not taxed on the income derived from sales in that county and are not required to report these sales on the Tennessee business tax return.

9. Compliance with Applicable Laws The contractor is expected to be familiar with and agrees to comply with all applicable federal, state, and local laws, statutes, ordinances, and regulations governing the provision of goods and/or services. Additionally, the contractor shall adhere to all relevant instructions and prohibitive orders related to the work and obtain any necessary permits required for compliance.

10. Conflict of Interest No employee, officer, or agent of Roane County shall participate in the selection, award, or administration of a contract if a real or apparent conflict of interest exists. Furthermore, Roane County employees, officers, and agents are prohibited from soliciting or accepting gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to sub-agreements.

By submitting a bid, proposal, or quote, the contractor warrants that it has no public or private interest, nor will it acquire any direct or indirect interest, that would create a conflict with the provision of goods or the performance of contractual services. Additionally, the contractor warrants that no portion of the total contract amount will be paid, directly or indirectly, to any Roane County officer or employee as wages, compensation, or gifts in exchange for acting as an officer, agent, employee, subcontractor, or consultant for the contractor in relation to any goods or services provided under this agreement.

11. Contract Modification This contract represents the entire agreement between the parties. Any modifications must be made in writing and signed by the Roane County Purchasing Agent or County Executive. No other individual is authorized to alter or amend the contract in any way.

12. Contract Period If awarded, the contract period for this award shall be a one-year period. Contract pricing shall be firm for one (1) year.

13. Contract Terms Upon award, the performance of this contract shall be governed exclusively by the terms and conditions set forth herein. Any language included in an invoice, shipping order, bill of lading, or any other document provided by the seller at any time shall not alter or supersede these terms. The acceptance of goods or services by Roane County shall not be interpreted as acceptance of any conflicting or additional terms contained in such documents. Any terms or conditions proposed by the seller that differ from or add to those in this Invitation are hereby expressly rejected.

14. Debarment and Suspension The USDA/FNS follows the guidance outlined in 2 CFR Part 180, OMB Guidelines to Agencies on Government-wide Non-Procurement Debarment and Suspension, as well as Executive Orders 12689 and 12549. These regulations require verification that any entity entering into a covered transaction has not been excluded or disqualified. This verification shall be completed using the Debarment and Suspension Certification Form attached to this document.

By signing this proposal, the Contractor certifies that, to the best of its knowledge and belief, it, its current principals, subcontractors, and their principals:

(A) Are not currently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department or agency.

(B) Have not been convicted of or had a civil judgment rendered against them in the three (3) years preceding this contract for:

· Fraud or a criminal offense related to obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or grant;

· Violation of federal or state antitrust laws; or

· Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

(C) Are not currently indicted or otherwise criminally or civilly charged by a federal, state, or local government entity with any of the offenses listed in Section B of this certification.

(D) Have not had a public transaction (federal, state, or local) terminated for cause or default within the three (3) years preceding this contract.

The Contractor shall provide immediate written notice to Roane County if, at any time, it becomes aware of an undisclosed prior exclusion, or if its principals or the principals of any subcontractors become excluded or disqualified due to changed circumstances.

The Debarment and Suspension Certification Form must be completed and submitted as part of this proposal.

15. Declarative Statements Terms such as "must," "shall," or "will" are mandatory requirements, and the vendor is required to comply with these conditions. Failure to meet any such requirement may result in the proposal being deemed non-responsive and subject to disqualification.

16. Definitions

(A) Roane County, Tennessee – Refers to Roane County and includes its designated representatives.

(B) Contractor – Refers to the entity identified as the contractor, seller, vendor, or supplier in the contract, including its designated representatives.

(C) Specifications – Encompasses instructions to vendors, terms and conditions of purchase, definitions, and technical specifications related to the work.

(D) Subcontractor – Refers to any person, firm, or corporation that has entered into a contract with the Contractor to provide labor, materials, or both, or to perform services for the project.

(E) Calendar Days – Refers to consecutive days as they appear on a calendar, including weekends and holidays, regardless of the day of the week, month, or year.

For any terms not explicitly defined in this contract, the National Institute of Governmental Purchasing (NIGP) Online Dictionary of Procurement Terms (available at www.nigp.org) shall govern.

17. Delivery Delivery shall be F.O.B. Destination, unless otherwise specified in this solicitation. This applies to both regular stock items and special-order items procured directly from the manufacturer. All transportation charges shall be the responsibility of the seller.

To ensure an adequate level of service for the community, Roane County requires that all goods and services be delivered as specified. Time is of the essence in this contract. Failure to deliver goods or perform services within the agreed timeframe may result in order cancellation, procurement from an alternate source, and holding the seller accountable for any resulting costs. Repeated failure to meet the specified delivery deadlines shall constitute sufficient grounds for contract termination.

18. Federal and State Taxes Purchases made by Roane County are exempt from state sales tax and federal excise tax. Exemption certificates will be provided upon request by the Contractor.

19. Force Majeure Neither party shall be held liable for delays or defaults in the performance of this contract caused by force majeure, acts of public enemies, riots, strikes, fires, explosions, accidents, government actions, or any other similar events beyond their control and without their fault or negligence.

20. Future Purchases – Bid Renewal Unless otherwise specified, Roane County reserves the right to purchase goods or services for one year from the contract award date at the same price, terms, and conditions. Additionally, Roane County may renew the contract in one-year increments, as outlined in the bid, proposal, or quote specifications. However, renewal is not guaranteed and shall be at the sole discretion of Roane County.

21. Governing Law This contract shall be governed by the laws of the State of Tennessee, and all obligations of the parties shall be performed in Roane County, Tennessee. The courts of Roane County shall have exclusive and concurrent jurisdiction over any disputes arising under this contract.

22. Indemnification and Insurance

(A) The Contractor shall maintain, at its own expense, adequate insurance coverage to protect against claims arising under the Worker’s Compensation Act, bodily injury, and property damage. The required coverage amounts shall be no less than:

· $1,000,000 for Bodily Injury and Property Damage Liability

· $1,000,000 for Products and Completed Operations Liability

· Coverage for damage to any Roane County property Additional insurance requirements may be specified in the Special Terms & Conditions or Bid Specifications. The insurance provider must have a Best’s rating of A or better. Any deviations from these requirements must be disclosed in the bid submission.

(B) The successful bidder shall provide a Certificate of Insurance from their insurance provider, naming Roane County as an additional insured. The carrier shall assume full common liability for all shipments.

(C) Pursuant to TCA § 29-20-310 the Contractor shall indemnify, defend, save, and hold harmless all departments of Roane County Government and/or Roane County Schools, along with its officers, agents, and employees, from any suits, claims, actions, or damages of any nature arising out of or resulting from:

· A breach of the contract by the Contractor, its subcontractors, suppliers, agents, or employees

· Any negligent act or omission by the Contractor, its subcontractors, suppliers, agents, or employees

· Any occurrence arising from the Contractor’s performance under this agreement until contract termination

(D) The successful vendor must provide a Certificate of Insurance to the Roane County Purchasing Department, naming Roane County as an additional insured. This certificate must be submitted before the contract is signed or a purchase order is issued. Complete, certified copies of insurance policies shall be provided upon request.

The Contractor must maintain the required insurance coverage throughout the contract term and provide satisfactory documentation to the Purchasing Department. Failure to comply may result in the contract being awarded to the next lowest responsive and responsible bidder.

23. Incurred Cost Roane County shall not be liable for any costs incurred by a bidder in the preparation and submission of its bid, proposal, or quote, nor for any expenses related to participation in required meetings, discussions, or negotiations.

24. Independent Contractor The Contractor acknowledges that it and its employees operate as independent contractors and that Roane County assumes no responsibility for payments, insurance, or any liabilities incurred by the Contractor.

25. Inspection and Acceptance The Contractor shall be responsible for all materials and services until they are delivered and accepted by Roane County. No material or service received under this contract shall be deemed accepted until Roane County has had a reasonable opportunity to inspect and verify compliance with contract requirements.

If any material is found to be defective or fails to conform to the seller's warranty, whether upon initial inspection or at a later time when defects were not reasonably ascertainable, Roane County reserves the right to return the material at the seller’s expense for a full credit or replacement. Defective goods shall not be replaced without the written authorization of Roane County.

Such returns shall not impact Roane County’s discount privileges, nor shall they limit any legal, equitable, or contractual remedies available. Services provided under this contract must be performed to the satisfaction of Roane County.

26. Iran Divestment Act By submitting this bid and the accompanying affidavit, each bidder and each individual signing on behalf of the bidder certifies under penalty of perjury that, to the best of their knowledge and belief, neither the contractor nor any party involved in a joint bid is included on the list established pursuant to Tennessee Code Annotated § 12-12-106.

27. Invoices Invoices shall be submitted to the Roane County Accounting Department at P.O. Box 643, Kingston, TN 37763. Alternatively, invoices may be submitted electronically to the Accounts Payable Clerk.

For construction services, payment requests must be authorized by the Contractor, the Engineer, and the County’s designated project representative before processing.

28. Late Responses It is the vendor’s responsibility to ensure that their submission or any modifications are delivered by the specified bid deadline date and time. No modifications may be made after the bid deadline.

The official time of record shall be the date and time stamp of the Purchasing Department. Any submissions received after 2:00:00 p.m. on the bid/proposal/quote opening date will be considered late and will not be reviewed or returned.

29. Limitations of Liability In no event shall Roane County be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Roane County has been advised of the possibility of such damages.

30. Modification or Withdrawal of Bids Bids, proposals, or quotes may be modified or withdrawn by signed written notice submitted to the Roane County Purchasing Department or in person by an authorized vendor representative, provided the request is received before the bid deadline.

· A vendor representative modifying a submission in person must present proper identification and initial the changes.

· If you withdraw a bid, the vendor representative must sign a receipt acknowledging the withdrawal.

· Electronic notices with an authorized signature are acceptable for modifications or withdrawals.

It is the vendor’s responsibility to confirm receipt of any modification or withdrawal. Electronic communications shall not disclose bid pricing but may indicate additions, subtractions, or other adjustments, ensuring that final prices or terms remain unknown to Roane County until the sealed bid is opened.

31. Non-Boycott of Israel Affidavit Pursuant to Tennessee Code Annotated (TCA 12-4-1 et seq.), bidders/proposers are to affirm that they are compliant with the Non-Boycott of Israel.

32. Non-Collusion Pursuant to State and Federal Antitrust Laws, as well as the terms and conditions of this solicitation, all decisions related to this bid, proposal, or quote must be made independently by each participating firm. The bidder or proposer certifies that no employees, agents, or representatives of their company have engaged in any form of collusion with any other individual or entity regarding the terms and conditions of their submission. To ensure compliance, the attached certification form must be completed and submitted as part of this document. Any coordinated or anticompetitive activity related to this solicitation will be reported to the Antitrust Division of the Office of the Attorney General, State of Tennessee, in accordance with the Sherman Antitrust Act (15 U.S.C. §§ 1-7) and applicable Tennessee antitrust statutes (Tenn. Code Ann. § 47-25-101 et seq.).

33. Notification to County If you do not intend to submit a response to this bid, proposal, or quote, returning the Invitation is not required. However, if you wish to remain on Roane County’s vendor list for future solicitations, please notify the County accordingly.

34. Notice and Service Thereof Any official communication from Roane County to a Contractor concerning any part of this contract will be issued in writing. The notice will be considered officially delivered and in compliance with service requirements once it has been sent to the Contractor or their designated representative.

35. Packaging Roane County will not be responsible for any additional fees related to packaging, crating, carting, transportation, or storage beyond the total purchase price specified in this order, unless explicitly stated otherwise in this contract.

36. Patents The seller guarantees that the products described in this agreement, as well as their sale or use, will not infringe upon any U.S. or foreign patents. Additionally, the seller agrees to defend, at their own expense, any legal action brought against Roane County or any entity selling or using Roane County’s purchased products, provided the seller is promptly notified of such a lawsuit and receives all relevant documentation. In the event of an infringement claim, the seller further agrees to cover all associated costs, damages, and any awarded profits resulting from the lawsuit.

37. Preparation of Bid/Proposal/Quote

(A) Review of Solicitation Documents - Vendors are responsible for thoroughly reviewing all solicitation documents before submitting a response. Failure to do so is at the vendor’s own risk.

(B) Submission Requirements - Each vendor must provide all required information as specified in the Invitation. The bidder/proposer must sign the Invitation, and any erasures or modifications must be initialed by the same individual. Submissions that use forms other than those provided in the solicitation may be disqualified.

(C) Pricing and Freight Costs - Unit prices must include freight costs unless otherwise stated in the Invitation. In the event of a discrepancy between the unit price and the extended total price, the unit price will take precedence.

(D) Alternate Offers - Proposals for supplies or services that differ from the specified requirements will not be considered unless explicitly permitted in the Invitation.

(E) Delivery Commitment - Unless stated otherwise in the Invitation, vendors must specify a definite delivery schedule for goods or a timeline for the performance of services.

(F) Calculation of Delivery Time - When delivery time is expressed in days, it includes all calendar days, including Saturdays, Sundays, and holidays.

(G) Error Verification - Vendors should carefully review their submissions for errors before submission. Once bids, proposals, or quotes are publicly opened, errors cannot be corrected. Vendors will be required to honor their submitted pricing or risk disqualification from the award process.

38. Protest Procedure If a prospective vendor disagrees with the contract award decision, they have the right to file a formal protest. All disputes related to the award of this contract must be submitted in writing to the Roane County Purchasing Department within seven (7) days of the award date.

The dispute resolution process may involve the following steps:

(A) A meeting will be conducted between the Purchasing Agent, the County Attorney, the requisitioning department’s manager, and representatives of the disputing party to review and attempt to resolve the complaint.

(B) Based on the review, the Purchasing Agent will issue a formal written decision outlining the reasons for the determination. This decision will be provided in writing to the protesting party and all relevant stakeholders.

(C) No purchases will be made under the disputed procurement until a final decision has been reached.

(D) In the event that purchases must proceed before a final decision is issued, emergency purchase procedures will be followed to ensure continuity of operations.

39. Provisions Required by Law Deemed Inserted All provisions and clauses mandated by law to be included in this contract shall be considered incorporated, even if not explicitly stated. This contract shall be interpreted and enforced as if such provisions were fully included. If any required provision is omitted or incorrectly stated due to error or oversight, either party may request an amendment, and the contract will be promptly updated to include or correct the necessary provision.

40. Public Information The vendor acknowledges that any materials submitted to the Roane County Purchasing Department in response to this solicitation may be subject to public disclosure under the Tennessee Open Records Act (T.C.A. §§ 10-7-501 et seq.). This means that submitted documents may be accessible to the public unless otherwise protected by law.

41. Qualifications of Bidders/Proposers The Roane County Purchasing Department reserves the right to conduct any necessary investigations to assess the bidder’s or proposer’s ability to perform the required work. Upon request, the bidder/proposer must provide all relevant information and documentation to support this evaluation.

If the evidence provided or the results of the investigation do not demonstrate that the bidder/proposer is adequately qualified to fulfill the contract obligations and successfully complete the project, Roane County reserves the right to reject the bid, proposal, or quote.

42. Quantities Roane County is not responsible for accepting or paying for any goods or materials shipped in excess of the quantity specified in the order. Any unauthorized overages may be rejected and returned at the seller’s expense. Additionally, Roane County makes no guarantee that any purchase will be made as a result of this solicitation. The County does not commit to a minimum or maximum quantity of goods or services that may be ordered based on the solicitation’s outcome.

43. Records The Contractor is required to maintain complete and accurate documentation for all charges incurred under this contract. All books, records, and documents related to the work performed or funds received must be retained for a minimum of three (3) years from the date of the final payment.

These records must be available for audit at any reasonable time and upon reasonable notice from Roane County, the Comptroller of the Treasury, or their authorized representatives. Additionally, all financial statements must be prepared in accordance with Generally Accepted Accounting Principles (GAAP).

44. Registration Vendors must register to be included on the Roane County vendor list by visiting the County’s official website at www.roanecountytn.gov. To register, navigate to the Purchasing Department section and select Vendor Registration. It is the vendor’s responsibility to ensure that their registration information remains up to date.

45. Remedies Roane County retains all rights and remedies available under the Uniform Commercial Code (U.C.C.), as well as applicable state and local laws governing contracts and torts. These rights include, but are not limited to:

· Rejection of nonconforming goods

· Contract rescission

· Right to offset amounts due

· Request for refunds

· Claims for incidental, consequential, and compensatory damages

· Recovery of reasonable attorney’s fees

Roane County reserves the right to exercise any of these remedies as necessary to enforce contractual obligations and protect its interests.

46. Restrictive or Ambiguous Specifications Vendors are responsible for thoroughly reviewing the entire bid, proposal, or quote document. If a vendor believes that the solicitation contains unnecessary restrictions on competition or is unclear in its requirements, they must promptly notify the Purchasing Agent to seek clarification or request necessary modifications.

47. Right to Inspect Roane County reserves the right to conduct periodic inspections to assess the quality, method, and compliance of services provided or goods supplied under this contract.

48. Subcontracts The Contractor is expressly advised that any individual, firm, or entity proposed for a subcontract under this contract must first be reviewed and approved by Roane County before any subcontracting arrangements are finalized.

49. Submissions of Bids & Proposals A. Submission Format - All bid/proposal submissions must be enclosed in a sealed envelope and addressed to:

Roane County Purchasing Department 200 East Race Street, Suite #3 Kingston, TN 37763 B. Envelope Labeling - The name and address of the bidding/proposing firm must be clearly displayed on the front of the envelope, along with the bid/proposal number and title. For construction projects exceeding $25,000.00, the envelope must also include the required Contractor licensing information, in compliance with T.C.A. § 62-6-119.

C. Electronic Submissions - Roane County does not accept sealed bids or proposals submitted electronically.

D. Submission of Samples - If samples are required as part of the solicitation, they must be provided within five (5) calendar days at no cost to Roane County, unless otherwise specified. If the sample is not consumed during testing, it may be returned to the bidder/proposer upon request, at their own expense, unless otherwise stated in the Request for Proposal (RFP).

50. Termination of Contract If the Contractor or any Subcontractor fails to comply with or perform any provision of this contract, Roane County may, at its sole discretion, deem such failure a breach of contract. In such cases, Roane County reserves the right to terminate the contract, in whole or in part, at any time, based on the judgment of the Purchasing Agent.

Roane County expressly retains all legal rights and remedies available in the event of a breach, and no action taken by the County shall be considered a waiver of these rights. If the contract is terminated due to noncompliance, Roane County may procure replacement goods or services under terms it deems appropriate, and the Contractor shall be held liable for any additional costs incurred.

If the contract is terminated for cause, the vendor may be prohibited from bidding on or proposing for Roane County contracts for a period of 12 months.

Additionally, either party may terminate the contract without cause by providing a written notice of at least 30 calendar days prior to the termination date.

REGULATION COMPLIANCE

Contract Provisions for Non-Federal Entity Contracts Under Federal Awards

In addition to any other provisions required by the federal agency or non-Federal entity, all contracts entered into by the non-federal entity under a federal award must include applicable provisions. For contracts exceeding $10,000, provisions must address termination for cause and for convenience by the non-Federal entity, outlining the process for termination and the basis for settlement.

The vendor hereby agrees that it will comply with:

Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) – Prohibits discrimination based on race, color, or national origin in programs receiving federal financial assistance.

Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) – Prohibits discrimination based on sex in federally funded education programs.

Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) – Prohibits discrimination based on disability in federally assisted programs.

Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) – Prohibits age-based discrimination in federally funded programs.

Title II and Title III of the Americans with Disabilities Act (ADA) of 1990, as amended by the ADA Amendment Act of 2008 (42 U.S.C. 12131-12189) – Prohibits discrimination against individuals with disabilities in public services and accommodations.

Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency" (August 11, 2000).

All provisions required by the implementing regulations of the Department of Agriculture (USDA) (7 CFR Part 15 et seq.).

Department of Justice Enforcement Guidelines (28 CFR Parts 35, 42, and 50.3).

Food and Nutrition Service (FNS) directives and guidelines, ensuring no person is excluded from participation in, denied benefits of, or otherwise subject to discrimination under any USDA-funded program based on race, color, national origin, sex, age, or disability.

The USDA non-discrimination statement, ensuring compliance with federal civil rights laws in USDA-funded programs.

Additional Federal Laws and Regulations Applicable to Vendors Doing Business with County Governments in Tennessee:

Equal Employment Opportunity (EEO) Compliance (Executive Order 11246, as amended) – Prohibits employment discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin for government contractors and requires affirmative action compliance.

Rights to Inventions Made Under a Contract or Agreement (37 CFR Part 401, implementing 35 U.S.C. 200-212) – Establishes rights for the government and contractors concerning inventions developed under federally funded contracts.

Encouragement of Small and Minority-Owned Businesses, Women’s Business Enterprises, and Labor Surplus Area Firms (2 CFR § 200.321) – Requires all contractors to take affirmative steps to engage small businesses, minority-owned businesses, women’s business enterprises, and labor surplus area firms in procurement activities.

Domestic Preferences for Procurements (2 CFR § 200.322) – Requires preference for domestic goods, products, and materials to support American manufacturing and job creation.

Equal Pay Act of 1963 (29 U.S.C. 206(d)) – Prohibits wage discrimination based on sex.

Fair Labor Standards Act (FLSA) of 1938 (29 U.S.C. 201 et seq.) – Governs minimum wage, overtime pay, and child labor standards.

Occupational Safety and Health Act (OSHA) of 1970 (29 U.S.C. 651 et seq.) – Establishes workplace safety standards.

Davis-Bacon Act of 1931 (40 U.S.C. 3141-3148) – Requires payment of prevailing wages on federally funded construction projects.

Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 3145) – Prohibits wage kickbacks and regulates payroll compliance.

Contract Work Hours and Safety Standards Act (CWHSSA) of 1962 (40 U.S.C. 3701 et seq.) – Sets overtime pay standards for government contractors.

Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) – Prohibits the use of federal funds for lobbying federal agencies or Congress.

Debarment and Suspension (Executive Orders 12549 and 12689) – Prohibits federal contracts with debarred or suspended entities.

Procurement Standards Under the Uniform Guidance (2 CFR Part 200.317 – 200.327) – Sets procurement standards for federal grants and cooperative agreements.

Buy American Act of 1933 (41 U.S.C. 8301-8305) – Requires preference for American-made products in government procurement.

Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.) – Requires energy efficiency compliance for federally funded contracts.

Clean Air Act (42 U.S.C. 7401 et seq.) and Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) – Mandates environmental protection compliance for federally funded projects.

Solid Waste Disposal Act (SWDA), as amended by the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6901 et seq.) – Regulates waste management, recycling, and the treatment, storage, and disposal of solid and hazardous waste to promote sustainability.

Comprehensive Procurement Guidelines (CPG) for Recycled Products (Executive Order 13693 and EPA’s 40 CFR Part 247) – Requires the use of recycled-content materials in federal procurement to promote sustainability and resource conservation.

Pollution Prevention Act (PPA) of 1990 (42 U.S.C. 13101 et seq.) – Encourages cost-effective waste reduction strategies and environmentally sustainable practices in procurement and operations.

NON-DISCRIMINATION, NON-DEBARMENT & LOBBYING AFFIDAVIT

I do hereby certify that this bid/quote/proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid/quote/proposal for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud.

I understand that collusive pricing is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards and that no collusion with another firm was used in preparation of this bid/quote/proposal.

I also certify that this firm does not discriminate against any employee or applicant for employment on the grounds of race, color, national origin or sex; and does not and will not maintain or provide for his employees any segregated facilities at any of its establishments, and further, that the firm does not and will not permit their employees to perform their services at any location under this contract where segregated facilities are maintained.

By submission of this bid/quote/proposal and the supplier certifies that neither it or its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal or State department or agency.

I further certify that during the bid/quote/proposal solicitation and/or during the performance of this contract that neither it nor its principals will participate in lobbying activities in conjunction with this project.

I agree to abide by all terms and conditions of this bid/quote/proposal and certify that I am authorized to sign this affidavit for the supplier.

IRAN DIVESTMENT ACT COMPLIANCE

The Iran Divestment Act of 2016, effective on July 1, 2016, is codified in Tennessee Code Annotated §12-12-101 et seq. The Iran Divestment Act, with certain exceptions, prohibits local governments from entering contracts with persons or entities engaged in investment activities in the energy sector of Iran. Pursuant to the terms set forth in Tennessee Code Annotated §12-12-105, a person engages in investment activities in the energy sector of Iran if:

1) The person provides goods or services of twenty million dollars ($20,000,000) or more in the energy sector of Iran, including a person that provides oil or liquified natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran; or

2) The person is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person, for forty-five (45) days or more, if that person will use the credit to provide goods or services in the energy sector in Iran and is identified on a list, created pursuant to §12-12-106, as a person engaging in investment activities in Iran as described in this section.

This Act requires the State of Tennessee’s chief procurement officer to publish on the State’s website a list of persons it determines engaged in investments activities in Iran (the “Prohibited Entities List”).

Any supplier that is on the Prohibited Entities List will be ineligible to contract with the County.

Pursuant to the Act, any supplier that attempts to contract with the County must certify, at the time the bid/quote/proposal is submitted, that the supplier is not identified on the Prohibited Entities List. A bid/quote/proposal shall not be considered for award, nor shall any award be made where the supplier fails to submit a signed and verified compliance certification form.

NON-BOYCOTT OF ISRAEL

Concerning the Non-Boycott of Israel Act (TCA 12-4-1 et seq.), by submission of this bid/quote/proposal, each supplier and each person signing on behalf of any supplier certifies, and in the case of a joint bid/quote/proposal, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each supplier is not boycotting Israel pursuant to TCA §12-4-1 et seq. and will not during the term of any award. Note: Applicable only to contracts of $250,000 or more and to suppliers with 10 or more employees.

NON-COLLUSION

To ensure compliance, the attached certification form must be completed and submitted as part of this document. Any coordinated or anticompetitive activity related to this solicitation will be reported to the Antitrust Division of the Office of the Attorney General, State of Tennessee, in accordance with the Sherman Antitrust Act (15 U.S.C. §§ 1-7) and applicable Tennessee antitrust statutes (Tenn. Code Ann. § 47-25-101 et seq.).

REGULATION COMPLIANCE AFFIDAVIT

As the authorized representative for ______________________________________., I hereby certify that the contract for goods and/or services in conjunction with this bid/quote/proposal and subsequent contract(s) does adhere to all federal, state, and local laws included but not limited to the requirements contained herein.

The undersigned affirms that he/she has legal authority to swear this on behalf of the aforementioned supplier and that each person signing this affidavit on behalf of any supplier certifies, and in the case of a joint bid/quote/proposal, each party thereto certifies as to its own organization, and that each supplier is not in any manner in violation any of the State of Tennessee Iran Divestment Act (Tennessee Code Annotated §12-12-101 to §12-12-106), the Non-Boycott of Israel Affidavit (Tennessee Code Annotated §12-4-1 et seq.) and is in compliance with the Non-Discrimination, Independent Price Determination, Non-Discrimination, Non-Debarment & Lobbying and Non-Collusion sections as contained in this herein.

By submission to this bid/quote/proposal, each supplier and each person signing on behalf of any supplier certifies, and in the case of a joint bid/quote/proposal that each party thereto certifies as to its own organization, under penalty of perjury that to the best of his/her knowledge and belief that each vendor is in compliance.

By: _____________________________ Title: ____________________________

Sworn to and subscribed before me, a Notary Public, this _______day of ____________________20____.

Notary ___________________________________ My Commission Expires________________________

Please indicate which of the following apply to your company. This information is requested for information purposes only. Roane County currently has no policy that allows for set asides or preferences for woman owned or minority owned businesses.

THIS FORM MUST BE COMPLETELY FILLED OUT, SIGNED & NOTARIZED, & RETURNED IN YOUR ENVELOPE.

VENDOR INFORMATION

Please type/print clearly in ink – no erasable writing instrument.

Company Name:

Mailing Address:

Contact Person:

Email address:

Remit To Address (if different from above):

Accounts Receivable Contact Person:

Email address:

Number of years in business:

STATEMENT OF QUALIFICATIONS

Please list three references that your firm has satisfactorily completed or currently maintained three (3) contracts of similar size in the last five (5) years.

Company ____________________________________

Contact Name ____________________________________

Telephone ____________________________________

Company ____________________________________

Contact Name ____________________________________

Telephone ____________________________________

Company ____________________________________

Contact Name ____________________________________

Telephone ____________________________________

SIGNATORY AUTHORITY

Company Official authorized to sign contracts:

Company Name:

Email Address:

Acknowledgement of Receipt of Addenda If addenda were issued, please acknowledge the receipt of: (please check mark if you received one) Addendum 1________Addendum 2________Addendum 3________Addendum 4________

Prompt Pay Discount If applicable, please indicate below if discounts will be allowed for prompt payment or if there is no discount offered:

______% Net 10 Days ______& Net 20 Days ______% Net 30 Days ______No Discount

SPECIFICATIONS

The requested forestry mulcher is an FAE UML/SSL/BL/VT-150, or approved equivalent, designed as an attachment for a CAT 299D skid steer. Other forestry mulchers that meet or exceed the specifications listed below will be considered. Roane County reserves the sole right to determine whether any proposed alternative equipment meets or exceeds these specifications.

Forestry Mulcher Equipment Purchase

Roane County, TN

Specifications

Additional Requirements:

· Warranty: Vendors must provide detailed warranty information covering both parts and labor. Extended warranty options should also be listed.

· Service & Support: Bidders must identify the nearest authorized service center(s), provide details on parts availability, and outline service response times.

· Delivery: Vendors must state delivery time from date of order. Delivery, setup, and any required training must be included in the bid price.

Evaluation Factors:

In addition to compliance with these specifications, price, warranty, service availability, and delivery time will be material factors in awarding this bid.

PRICING & ADDITIONAL INFORMATION

Warranty Information

Warranty Period for Parts & Labor ___________________________________________________________________

Extended Warranty Options ________________________________________________________________________

Service & Support

Nearest Authorized Service Centers __________________________________________________________________

Details on Parts & Availability _______________________________________________________________________

Service Response Times ___________________________________________________________________________

Delivery Time

Delivery Time After Receipt of Order __________________________________________________________________

Authorized Dealer Requirement Bidders must be an authorized dealer for the manufacturer of the equipment being offered. Documentation verifying authorized dealer status must be provided with the bid submission.

Resellers, brokers, or other third-party vendors who are not authorized dealers for the manufacturer will not be considered responsive bidders.

This requirement ensures that Roane County receives genuine products, full manufacturer warranty coverage, and direct access to authorized service and parts support.