ITB_33916-13615_Amendment_1_Final.pdf

ITB # 33916-13615 – Amendment # 1 Page 1 of 3

STATE OF TENNESSEE

DEPARTMENT OF MENTAL HEALTH SUBSTANCE ABUSE SERVICES MOCASSIN

BEND MENTAL HEALTH INSTITUTE

INVITATION TO BID # 33916-13615

AMENDMENT # 1

FOR LINEN SERVICES

DATE: April 8, 2025

ITB # 33916-13615 IS AMENDED AS FOLLOWS:

1. State responses to questions and comments in the table below amend and clarify this ITB.

Any restatement of ITB text in the Question/Comment column shall NOT be construed as a change in the actual wording of the ITB document.

QUESTION/COMMENT STATE RESPONSE

1. All the specifications for the items are there except for the COG Jacket-WarmUp, COG Pant- Scrub, and the COG Shirt-Scrub.

Can you please send the specifications for those items as we are interested in setting forth a response to this solicitation.

Please see the attached revised specifications.

2. Who was the previous vendor? The current vendor is Linen King LLC.

3. What was the bid amount awarded? The current contract maximum liability is

$363,456.00.

4. Will the 36 hour par(Standby Linen) be billable separately? That is a lot of linen that will sit there not generating revenue.

No. The standby linen will not be billed separately.

5. Will there be a loading/unloading dock? Or do we need to have a truck with liftgate service?

A loading dock is available; however, a liftgate is still needed.

2. Delete ITB Specifications in its entirety and insert the following Attachment 1 in its place (any sentence or paragraph containing revised or new text is highlighted):

3. Delete ITB Terms and Conditions in its entirety and insert the following Attachment 2 in its place (any sentence or paragraph containing revised or new text is highlighted):

4. ITB Amendment Effective Date. The revisions set forth herein shall be effective upon release. All other terms and conditions of this ITB not expressly amended herein shall remain in full force and effect.

ATTACHMENT 1

Specifications for Linen Services

Purpose:

This request for bids is for a 5-year contract for linen services at the Tennessee Department of Mental Health and Substance Abuse Services, Moccasin Bend Mental Health Institute (MBMHI), with the contractor being responsible for all products and processes to provide clean linen to the designated MBMHI locations in quantities and frequency as determined by MBMHI. The linen services shall be a piece rental service, with the total volume for the contract unknown. However, an estimated usage for each line item has been provided.

Agency Point of Contact: Jim West, Executive Housekeeper

(423) 785-3331

Onsite service location: Moccasin Bend Mental Health Institute

Moccasin Bend Mental Health Institute – Main Building 100 Moccasin Bend Road Chattanooga, TN 37405

Contractor Requirements:

1. The contractor must hold all federal, state, local, or industry licenses, certifications, and/or permits necessary to perform the contracted tasks. At the State’s request, the contractor may be required to provide copies of licenses, certifications, and/or permits.

2. The contractor’s operations plant must comply with mandates, requirements, and regulations

(e.g., Occupational Safety and Health Administration (OSHA), U.S. Food and Drug Administration (FDA), that are law; State and/or Local Government regulations; best practices/recommendations for infection prevention and laundry procedures from Federal agencies (e.g., Centers for Disease Control and Prevention (CDC)).

3. The contractor must have a plant operation manual and provide the State with a copy if requested. The plant operation manual must include the following:

b. Policies and procedures that covers the contractor’s quality control and quality assurance practice; and

c. Established standards and infection control practices that assure the cleanliness of linen as established by the CDC as well as recommended practices for the Joint Commission (TJC) relevant to handling and processing of healthcare linens.

4. The contractor shall have adequate facilities, equipment, transportation, products, and personnel to provide uninterrupted service to MBMHI, as described and specified.

Service Specifications:

1. The contractor shall provide delivery and pick-up service three (3) days a week.

a. Delivery and pick-up service shall take place between the hours of 9:00 a.m. and 12:00 p.m. Monday, Wednesday, and Friday. No delivery or pick-up service must take place on the weekend unless mutually agreed upon by MBMHI and the contractor.

b. Emergency orders

i. If an emergency order is needed, the emergency order shall be placed by

MBMHI and shall be delivered with a delivery ticket.

ii. Emergency order deliveries shall be made at a mutually agreed-upon time by the

MBMHI and the contractor.

c. Holiday service coverage shall be mutually agreed upon by MBMHI and the contractor.

(Holidays are defined as official state holidays proclaimed by the Commissioner of the Department of Human Resources of the State of Tennessee which currently includes New Year’s Day, Martin Luther King Jr. Day, Presidents’ Day, Good Friday, Memorial Day, Juneteenth, Independence Day, Veterans Day, Thanksgiving and day after Thanksgiving, Christmas Eve, Christmas Day, and New Year’s Eve.)

2. Initial Start-up

a. MBMHI shall provide an estimated quantity.

b. The estimated item quantity must be determined by what is required for each linen closet, plus a three (3) day backup supply.

3. The contractor shall provide a three (3) day backup (reserve) supply of linen based on MBMHI’s normal daily item quantity usage.

4. After initial start-up, linen delivery order shall be submitted to the contractor using an electronic ordering system, an order form submitted to contractor via email, or other means of written communications. The placement of an order using telephone communication shall only be used in special circumstances.

5. The order placement deadline for next-day delivery shall be mutually agreed upon by MBMHI and the contractor.

6. The contractor shall be able to supply ordered products at no less than a ninety-nine percent (99%) fill rate on the entire order. The remaining one percent (1%) shall be filled and delivered within twenty-four (24) hours of the original order delivery.

7. Delivery shortages shall be documented on the corresponding delivery ticket by the driver and the MBMHI representative receiving the delivery shall also acknowledge the shortage by signing the delivery ticket and noting the shortage.

8. Estimated Weekly Usage – The number of items per bundle indicated below is the preferred quantity; however, the actual number of pieces per bundle shall be agreed upon by MBMHI and the contractor.

ITEM QUANTITY

PER UNIT OF

MEASURE

ESTIMATED

MONTHLY

BUNDLE

QUANTITY

ESTIMATED

MONTHLY

PIECE TOTAL

ESTIMATED

PIECE TOTAL

FOR THE

CONTRACT

TERM

Sheet, Flat 10 per Bundle 110 1,100 pieces 66,000 pieces

Sheet, Fitted (Contour)

10 per Bundle 102.5 1,025 pieces 61,500 pieces

Pillowcases 10 Bundle 112.5 1,125 pieces 67,500 pieces

Blanket

1 Bundle 1180 1,180 pieces 70,800 pieces

Towel, Bath 10 Bundle 580 5,800 pieces 348,000 pieces

Washcloth 50 Bundle 100 5,000 pieces 300,000 pieces

Barrier Bags (Laundry)

10 Bundle 80 800 pieces 48,000 pieces

Under Pads 10 Bundle 100 1,000 pieces 60,000 pieces

Dust Mops EA n/a 2,000 pieces 120,000 pieces

Wet Mops EA n/a 2,000 pieces 120,000 pieces

Dust Cloths EA n/a 5,000 pieces 300,000 pieces

Cleaning Cloths EA n/a 5,000 pieces 300,000 pieces

Sheet Protectors 10 per Bundle 50 500 pieces 30,000 pieces

Bibs EA n/a 100 pieces 6,000 pieces

COG Jacket-Warm- Up

EA n/a 1,000 pieces 60,000 pieces

COG Pant-Scrub EA n/a 1,000 pieces 60,000 pieces

COG Shirt-Scrub EA n/a 1,000 pieces 60,000 pieces

9. The Contractor shall use carts covered in polyethylene for the delivery of clean linen to MBMHI.

10. A delivery ticket shall be attached to each cart indicating itemized quantities of clean linen delivered.

11. Delivery of clean linen must be checked by authorized MBMHI staff in the presence of the contractor/driver.

a. The delivery driver must present the delivery ticket to the MBMHI representative prior to unloading the truck so the MBMHI representative may compare the ticket to what was ordered.

b. While underloading is occurring, the MBMHI representative will be spot checking the carts for quantities.

c. Any delivery count discrepancies will be noted on the delivery ticket and initialed by both the MBMHI representative and the delivery driver.

d. Delivery count discrepancies shall be reported to the contractor by the MBMHI representative by sending a copy of the corrected, initialed delivery ticket via email.

e. If the contractor departs from the MBMHI delivery point before count spot checking is completed by the MBMHI representative, the contractor shall accept MBMHI’s delivery count as being correct.

12. Soiled linen shall be picked up after all clean linen has been delivered. At no time should soiled linen be on the delivery truck with clean linen.

a. Clean and soiled linen shall be handled and kept separated from each other.

b. The contractor shall supply cloth bags (with no drawstrings) for soiled linen return. Three hundred (300) bags shall be provided at the start of the contract.

13. The contractor shall provide its wash formulas that effectively reduce the probability of pathogenic microorganisms in the processing of reusable linen which includes but may not be limited to chemical usage for each cycle; temperatures for each cycle; water levels; and cycle times for pre-wash, wash, rinse, and final rinse as appropriate.

a. MBMHI may request at any time proof of proper sanitation of all linen.

14. The contractor shall furnish an exposure control plan as applicable and as described in the United States Department of Labor Occupational Safety & Health Administration (OSHA) pertaining to the operation of commercial laundries.

15. Carts used for soiled linen collection must be sanitized using hot water and a germicidal agent before clean linen is replaced and returned for delivery.

a. MBMHI may request at any time proof of proper sanitation of all carts.

16. Soiled linen and clean linen must be kept functionally separated during the entire production and delivery process.

17. Items improperly laundered shall be returned to the contractor in designated packages, and there shall be no charge to MBMHI for items that are returned due to improper laundering.

18. The contractor must return patients’ personal items of reasonable value that may have inadvertently been included in the soiled linen returned to the contractor. Whenever possible, MBMHI shall notify the contractor when personal items are suspected in soiled linen return.

a. Patient’s personal items shall be laundered.

b. Return of said items shall be made in designated packages.

c. The contractor shall not be responsible for damage to personal items due to commercial laundering.

d. Personal items retrieved and laundered by the contractor shall incur a flat laundering fee.

Product Specifications:

1. The quality of linen supplies, other items, and services must meet industry standards and the recommendations of the Joint Commission (TJC).

2. All products must meet or exceed the specifications listed in the chart below. The absence of detailed specification or the omission of detailed description shall be recognized as meaning that only first-quality materials and workmanship are to be used and shall be acceptable. No irregulars shall be accepted.

a. To assure specifications are meet, the contractor shall provide written textile specifications for the products bid.

3. Bedding products must fit a mattress 36”x80”x6” size.

4. Item Specifications:

ITEM SPECIFICATIONS

Flat Sheet white; 50/50 or 55/45 polyester / cotton blend;

minimum 66” x 115” finished size; minimum 180 thread count; minimum 1” hem at top and bottom;

hemmed or woven selvage sides

Fitted Sheet, Knit (Contour) white; circular knit 32/1 jersey; 60% cotton / 40% polyester blend; minimum 36” x 84” x 15” finished size; 24 ounce each; PerforMAX knitted fitted sheet that features a safety overlock stitch, (replacing the traditional spandex bias/elastic that could be used as a ligature) or equal

Pillowcase white; 50/50 or 55/45 polyester / cotton blend;

approximately 42” x 34” finished size; minimum 180 thread count; 2-inch hemmed opening

Blanket (Thermal Spread Bedspread Quality) white; 100% cotton; minimum 74” x 100” finished size; minimum 3.5-pound weight; hemmed edges or hemmed top and bottom with lock stitched woven selvage sides; tightly woven to prevent snagging, tearing, and unraveling

Towel, Bath white; 100% cotton; minimum 20” x 40” finished size; minimum 5.5-pound weight; minimum 16 yarns per square inch; hemmed ends; hemmed or lock stitched woven selvage sides

Washcloth white; 100% cotton; 12” x 12” finished size;

minimum 0.75-pound weight; 10 yarns per square inch; hemmed or locked stitched woven selvage edges

Barrier Bags (Laundry) Rental and laundering of hospital laundry bags.

Dust Mops Microfiber, Blue 24 Wet Mops Microfiber, Blue 18 Dust Cloths Microfiber, Min, 12x12 Cleaning Cloth Microfiber, Yellow, 12x12 Sheet Protectors White, Max 2x per week Bibs White Terry Adult COG Jacket-Warm-Up Various colors; unisex; sizes small through 8XL;

50/50 cotton, spandex blend; no liner; No drawstring

COG Pant-Scrub Red; unisex; sizes small through 8XL; 50/50 cotton, spandex blend; no drawstring; all elastic waistband

COG Shirt-Scrub Red; unisex; sizes small through 8XL; 50/50 cotton, spandex blend. Metal snap buttons

5. Linen bundles shall be packaged using plastic wrap and must be completely sealed around every end at the time of packaging and remain sealed upon delivery.

6. Linen products must be completely dry before packaging to prevent souring and mildew.

7. Flat sheets and pillowcases must be finished by a flatwork ironer. All other linen shall be fluff-dried and folded.

8. The contractor shall supply linen at a quality standard with no more than three percent (3%) reject rate on the entire order.

9. Linen items shall be removed from service by the contractor when wear is noticed (e.g., snagging, holes, fraying, loose hems, stains, etc.). Bedspreads shall be removed from service if/when color fades noticeably.

10. MBMHI has the prerogative to return linen deemed unacceptable for use due to wear. MBMHI shall also return linen stamped or identified as belonging to another facility. The contractor shall not charge any fees associated with linen returned due to unacceptable quality or unusable by MBMHI. Returned linen deemed unacceptable shall be deducted from the subsequent invoice.

11. The contractor shall supply and maintain (in good working order) an adequate quantity of lined plastic carts (bulk linen trucks) for clean and soiled linen transportation at no cost to MBMHI.

a. The number of carts furnished must be adequate to meet the linen delivery and return needs. Eleven (11) carts are required for clean linen, eleven (11) for dirty linen to be used by MBMHI, and eleven (11) for contractor’s use when returning clean linen.

b. Carts shall have non-marking casters.

c. Carts shall be a cutaway design with the following approximate dimensions and capacity:

i. Outside (L x W) – 28.5” L x 48 W”;

ii. Inside Depth – 48”;

iii. Overall Height – 54.5”; and

iv. Load capacity of six hundred (600) pounds.

Additional Conditions:

1. Invoicing

a. Invoices shall be submitted weekly for payment to the following address:

Moccasin Bend Mental Health Institute Attn: Procurement 100 Moccasin Bend Rd Chattanooga, TN 37405

b. Linen services must be billed by the piece.

c. The actual invoice for payment must be itemized as per the contract line items.

2. The piece price bid shall include the contractor’s cost to replace the product due to normal product loss and attrition from normal use, and wear and tear. No additional charge shall be levied for normal product loss or normal product use.

3. Charges levied by the contractor to MBMHI due to the excessive damage or loss of product by MBMHI shall be supported with reasonable documentation of abuse. This documentation can be in the form of product delivery and return records.

a. Charges for product replacement due to excessive damage or loss must be made to the contractor as reimbursement at cost, no markup shall be applied.

b. Reimbursement at cost shall be corroborated with copies of the original product purchase invoice.

c. If no purchase invoice is available for proof of cost for replacement linens, the State may verify the current market value, and, if necessary, alter the payment invoice to reflect the market price.

d. Discounts, including prompt payment discounts offered by suppliers, must be credited to the State in determining the actual cost of the linens used for the contract.

e. The invoice submitted for reimbursement of contractor’s product shall be submitted on a separate invoice from the weekly piece rental invoice.

4. Delivery of linen requiring special handling that incurs extra charge due to negligence and/or delay by the contractor to maintain the required level of site product inventory shall be borne by the contractor. MBMHI shall maintain a reasonable level of working linen inventory to eliminate any extra daily or Saturday deliveries above the established delivery schedule.

5. Security and Safety Requirements

a. All visits to MBMHI’s facilities or premises require proper check-in and check-out and on no occasion shall service be provided without proper contact with MBMHI’s authorized designee.

i. Contract personnel may be required to provide a picture identification for inspection upon entering the facilities.

b. State and MBMHI security and safety requirements and policies must be adhered while on the premises. This includes but is not limited to the following: key control, tool control, compliance with prohibitory contraband items, and smoking policies.

c. The contractor shall ensure all vehicles, equipment, tools, chemicals, and supplies used while on MBMHI premises are under the contractor’s control at all times, including while vehicles are in parking areas, loading dock areas, or on complex roads and drives.

d. MBMHI is a tobacco-free campus, and the use of tobacco products is prohibited while on MBMHI property.

6. Reports and Records

a. The contractor must provide MBMHI all necessary reports including the following to maintain accurate monitoring of linen usage:

i. Year-to-date quantity reports if requested; and

ii. Monthly bacteriostat reports.

b. The reports must include the following:

i. Individual item counts as per line items; and

ii. A breakdown of items per delivery point.

c. Upon request by MBMHI, the contractor shall make available, all books, documents, and/or records of the contractor’s that are necessary to certify the nature and extent of the costs claimed to such services for up to one (1) year after the conclusion of services.

ATTACHMENT 2

Invitation to Bid (ITB)

For 33916 MBMHI Linen Event # 13615

1. Section 1 -- Background Information

1.1. This contract is to provide piece rental linen service for Moccasin Bend Mental Health Institute (MBMHI). The total estimated maximum liability is $733,497.

1.2. Accommodation for People with Disabilities. Any individuals with disabilities who wish to participate in public meetings such as a scheduled pre-response conference or other scheduled function should contact the Solicitation Coordinator to discuss any auxiliary aids or services needed. Such contact should be made no less than three (3) business days prior to the public meeting to allow time for the Solicitation Coordinator to provide needed aids or services.

1.3. Questions and Comments. Each prospective Respondent must carefully review this

ITB, including but not limited to, attachments, terms and conditions, and any amendments, for questions, comments, defects, objections, or any other matter requiring clarification or correction (collectively called "questions and comments").

Protests based on any objection to the ITB shall be considered waived and invalid if the objection has not been brought to the attention of the State, in writing, by the Written Questions & Comments Deadline.

Any prospective Respondent having questions and comments concerning this ITB must provide them in writing to the Solicitation Coordinator. All questions must be submitted no later than March 27, 2025.

1.4. Responses Due. The response must be received by the State on or before the date and hour designated for the response opening. Responses that are submitted untimely shall be rejected.

2. Award Criteria

2.1. Single Award -- Lowest Cost. A single contract will be awarded for all line items to the respondent whose response meets the requirements and criteria set forth in this ITB at the lowest cost.

3. Standard Terms of the Solicitation

3.1. Respondent Registration. Pursuant to Tenn. Code Ann. § 4-56-105 all respondents must be registered prior to the issuance of a contract or a purchase order.

Respondents can register online at the State of Tennessee Supplier Portal:

https://www.edison.tn.gov (please click the "Supplier Portal Home Page" button)

3.2. Respondent's Ability to Perform. The State shall have the right to require evidence of the respondent's ability to perform the services or deliver the goods required pursuant to the terms and conditions of this ITB.

3.3. Quality of Workmanship and Materials. Unit price responses are requested on goods or services that equal or exceed the specifications, unless the specifications limit the dimensions, brands, or model of goods or services. The absence of detailed specifications or the omission of detailed descriptions shall mean that only the best commercial practices and only first quality goods and workmanship shall be supplied.

3.4. Performance. The respondent who is awarded a contract will be responsible for delivering the goods or providing the services set out in this ITB. All goods or services are subject to inspection and evaluation by the State.

3.5. Clarifications. The State reserves the right to conduct clarifications or negotiations with one or more respondents. All communications, clarifications, and negotiations shall be conducted in a manner that is fair and transparent.

3.6. Negotiations. The State may elect to negotiate by requesting revised Cost Proposals from apparently responsive and responsible respondents. However, the State reserves the right to award a contract on the basis of initial responses received. Therefore, each response should contain the respondent's best terms from a price and technical standpoint. The State reserves the right to conduct multiple negotiation rounds. If the State exercises its right to enter into negotiations, it may identify areas of a response that may require further clarification or areas in which it is apparent that there may have been miscommunications or misunderstandings as to the State's specifications or requirements. The State may seek to clarify those identified issues during negotiations.

All responsive respondents will be given equivalent information with respect to cost negotiations. All cost negotiations will be documented for the procurement file.

Additionally, the State may conduct target pricing and other price or service level negotiations. Target pricing may be based on considerations such as current pricing, market considerations, benchmarks, budget availability, or other method that does not reveal individual respondent pricing. During target price negotiations respondents are not obligated to meet or beat target prices, but will not be allowed to increase prices.

All communications, clarifications and negotiations shall be conducted in a manner that supports fairness in response improvement. Note that each clarification sought by the State may be unique to an individual respondent.

3.7. Response Cancellation and Rejection. The State may cancel this ITB in its entirety and reissue it in whole or in part.

https://www.edison.tn.gov/

The State may reject any or all responses in its sole discretion. Additionally, the State may reject a response that: (a) qualifies the offer to provide goods or services as required by this ITB; (b) proposes alternative goods or services unless expressly requested by this ITB; (c) involves collusion, consultation, communication, or agreement among respondents; (d) includes information the respondent knew or should have known was materially incorrect; or (e) does not comply with the terms, conditions, specifications, or performance requirements of this ITB.

After the State opens the responses, no price changes shall be permitted except pursuant to target pricing or best and final offer negotiations as specified in this ITB.

A Respondent must not submit a response as a prime contractor while also permitting one or more other Respondents to offer the Respondent as a subcontractor in their own responses. Such may result in the disqualification of all Respondents knowingly involved. This restriction does not, however, prohibit different Respondents from offering the same subcontractor as a part of their responses (provided that the subcontractor does not also submit a response as a prime contractor).

3.8. Communications and Contacts. Prospective respondents must direct communications concerning this ITB to the following person designated as the Solicitation Coordinator:

Nancy Ternes Department of General Services, CPO 312 Rosa L Parks Avenue, 3rd Floor Tennessee Tower Nashville TN 37243-1102 615-253-4008 Nancy.M.Ternes@tn.gov

Unauthorized contact about this ITB with employees or officials of the State of Tennessee except as detailed in this ITB may result in disqualification from consideration under this procurement process. Notwithstanding the foregoing, respondents may alternatively contact:

Staff of the Governor's Office of Diversity Business Enterprise for assistance available to minority-owned, woman-owned, service-disabled veteran owned, businesses owned by persons with disabilities and small businesses as well as general, public information relating to this ITB (visit https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/go-dbe/about-us.html for contact information); and

The following individual designated by the State to coordinate compliance with the nondiscrimination requirements of the State of Tennessee, Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act, and associated federal regulations:

Helen Crowley Department of General Services, CPO 312 Rosa L Parks Avenue, 3rd Floor Tennessee Tower Nashville, TN 37243-1102 615-741-1035 Helen.Crowley@tn.gov

3.9. Responses Submitted by Mail. If submitting a response by mail: (1) all prices must be typed or written in ink on the "Line Details" portion of this ITB; (2) any corrections, erasures, or other alterations to prices must be initialed by the respondent; and (3) the https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/go-dbe/about-us.html https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/go-dbe/about-us.html mailto:Helen.Crowley@tn.gov response shall be manually signed by the respondent in ink. Each individual response must be returned in a separate envelope package or container and must be properly labeled on the outside referencing the applicable event number and the response opening date. Responses should be mailed in a properly labeled sealed envelope to the following address:

Bidder Services Department of General Services, CPO 312 Rosa L Parks Avenue, 3rd Floor Tennessee Tower Nashville, TN 37243-1102.

Failure to comply with these requirements may result in rejection of the response.

3.10. Models Included in Response. All goods identified in the response must be new, of current manufacturer production, and must have been formally announced by the manufacturer or provider of services as being commercially available as of the date of response opening. Goods may include internal refurbished or reconditioned components normally used in the manufacturing process and deemed and warranted and sold as new equipment by the manufacturer.

3.11. Respondent Certification. By signing or electronically submitting the response, the respondent agrees to the terms and conditions of this ITB and certifies that all goods or services included in the response meet or exceed the Scope or Specifications of this ITB. The respondent agrees that, if it is awarded a contract, it will deliver goods or services that meet or exceed the specifications in this ITB.

3.12. Exceptions or New Terms or Conditions. Exceptions to terms and conditions or new terms and conditions proposed by the respondent that vary from this ITB may, in the discretion of the State, render the response nonresponsive. A response deemed nonresponsive will not be considered for an award of a contract.

3.13. Conflict of Interest. The State shall not consider a response from an individual who is, or within the past six (6) months has been, a State employee. For purposes of this ITB:

a. An individual shall be deemed a State employee until such time as all compensation for salary, termination pay, and annual leave has been paid;

b. A contract with or a response from a company, corporation, or any other contracting entity in which a controlling interest is held by any State employee shall be considered to be a contract with or proposal from the employee; and

c. A contract with or a response from a company, corporation, or any other contracting entity that employs an individual who is, or within the past six (6) months has been, a State employee shall not be considered a contract with or a proposal from the employee and shall not constitute a prohibited conflict of interest.

3.14. Specifications Govern. Brands or model numbers identified in the specifications of this ITB are deemed to meet all written specifications. In the event of a conflict between specified brands and models and the written specifications, the conflict shall be resolved in favor of the written specifications.

3.15. Firm Offer. The response constitutes a firm offer that is irrevocable for ninety (90) days. An award of a contract shall, subject to necessary State approvals, be binding on the respondent without any further action by the respondent.

3.16. F.O.B. Destination. Respondent's prices shall include delivery of all items F.O.B.

destination or as otherwise specified by the State.

3.17. Tax Exemption. The State of Tennessee is exempt from local, state, and federal excise taxes. These taxes shall not be included in respondent's prices. The successful respondent shall pay all taxes lawfully imposed on it with respect to any goods or services delivered in accordance with this ITB.

3.18. Prompt Pay Discount. Any prompt pay discounts offered by respondents shall be extended to all authorized users of the contract.

3.19. Fixed Discount or Surcharge. The percent discount or surcharge per line item must be fixed for the contract's term.

3.20. On-site Inspection. All respondents should visit the site to take exact measurements and examine the premises to become familiar with any problems or unusual circumstances. No allowances will be made by the State for errors in quotations due to any respondent not visiting the site prior to submitting their response. Respondents shall be responsible for their own measurements.

3.21. Used Equipment. When this ITB authorizes offers of used items, no used item is acceptable if serial numbers or any other manufacturer's identifying label or markings have been removed, obliterated, or changed in any way.

3.22. Tennessee Contractor License. Respondents shall be properly licensed as of the date it files a response to this ITB and shall provide evidence of compliance with all applicable provisions of the Contractors Licensing Act of 1994, Tenn. Code Ann. § 62- 6-101, et seq. in providing the specified information within this ITB. Any response that does not comply with Tenn. Code Ann. § 62-6-119, when applicable, shall be rejected.

3.23. Purchase of Materials for Highways or Roadways. Respondents must comply with

Tenn. Code Ann. § 54-5-135 when purchasing materials used for highway or road construction, resurfacing, or maintenance.

3.24. Energy Star Products. Any goods ordered by the State must be Energy Star certified and meet applicable Energy Star specifications for energy efficiency.

3.25. Safety of Chemical Products. All respondents awarded a contract must maintain, for all of its chemical products available under this Contract, a Safety Data Sheet ("SDS") on the chemical manufacturer's website. A site operated by or on behalf of the manufacturer or a relevant trade association is acceptable so long as the information is accessible to the public, free of charge.

3.26. Professional Licensure. All persons, agencies, firms, or other entities that provide legal or financial opinions, which a respondent provides for consideration and evaluation by the State as a part of a response to this ITB, shall be properly licensed to render such opinions. Upon submitting the response, the respondent (and respondent employees and subcontractors, as applicable) must hold all necessary or appropriate business or professional licenses to provide the goods or services as required by the contract. The State may require any respondent to submit evidence of proper licensure.

3.27. Department of Revenue Registration. Respondent must be registered with the

Tennessee Department of Revenue for the collection of Tennessee sales and use tax.

The State shall not award a contract unless the respondent provides proof of such registration or provides documentation from the Department of Revenue that the Contractor is exempt from this registration requirement. The foregoing is a mandatory requirement of an award of a contract pursuant to this ITB. To register, please visit the Department of Revenue's Tennessee Taxpayer Access Point (TNTAP) website for Online Registration and the Vendor Contract Questionnaire. These resources are available at the following: https://tntap.tn.gov/eservices/_/#1

3.28. Prohibition of Illegal Immigrants. Any respondent awarded a contract shall comply with Tenn. Code Ann. § 12-3-309 and submit semi-annual attestations to the State.

3.29. Inspection of Procurement File. All respondents have the right to inspect the procurement file, prior to award, upon completion of the evaluation by the Central Procurement Office. Interested respondents should contact the Solicitation Coordinator following the response opening date or once the file is open for the seven (7) day inspection period. A "Notice of Intent to Award" letter will be sent to all respondents detailing which respondent(s) has been recommended for award and the evaluated award amount(s). Upon request, a reasonable opportunity to inspect the procurement file will be provided to the respondent.

3.30. Protest by Respondent. Pursuant to Tenn. Code Ann. § 12-3-514, any actual respondent may protest. Please refer to the Central Procurement Office's website to obtain a copy of the protest procedures and protest bond requirements or contact the sourcing analyst or category specialist at 615-741-1035. The website for the Central Procurement Office is as follows:

https://www.tn.gov/generalservices/procurement.html. If a written protest and a protest bond are not received by the end of the seven-day period to protest then the Solicitation Coordinator will proceed with the contract award.

https://tntap.tn.gov/eservices/_/#1 https://www.tn.gov/generalservices/procurement.html

GOVERNOR'S OFFICE OF DIVERSITY BUSINESS ENTERPRISE

Efforts to Achieve Diversity Business Participation:

The Governor's Office of Diversity Business Enterprise ("Go-DBE") is the State's central point of contact to attract and assist minority-owned, woman-owned, service-disabled veteran-owned, disabled-owned, and small business enterprises interested in competing in the State of Tennessee's procurement and contracting activities. These diversity business enterprises are defined as follows:

Minority Business Enterprise (MBE) and Woman Business Enterprise (WBE) Businesses that are a continuing, independent, for-profit business which performs a commercially useful function, and is at least fifty-one percent (51%) owned and controlled by one (1) or more individuals in the minority or woman category who were impeded from normal entry into the economic mainstream because of past practices of discrimination based on race, ethnic background, or gender.

Service-Disabled Veteran Business Enterprise (SDVBE) "Service-disabled veteran-owned business" means a service-disabled veteran-owned business located in the State of Tennessee that satisfies the criteria in Tenn. Code. Ann. § 12-3-1102(8). "Service-disabled veteran" means any person who served honorably in active duty in the armed forces of the United States with at least a twenty percent (20%) disability that is service-connected, i.e., the disability was incurred or aggravated in the line of duty in the active military, naval or air service.

Small Business Enterprise (SBE) "Small business" means a business that is a continuing, independent, for-profit business which performs a commercially useful function with residence in Tennessee and has total gross receipts of no more than ten million dollars ($10,000,000) averaged over a three-year period or employs no more than ninety-nine (99) persons on a full-time basis.

Disabled Business Enterprise (DSBE) "Disabled Business Enterprise" means a business owned by a person with a disability that is a continuing, independent, for-profit business that performs a commercially useful function, and is at least fifty-one (51%) owned and controlled by one (1) or more persons with a disability, or, in the case of any publicly-owned business, at least fifty one percent (51%) of the stock of which is owned and controlled by one(1) or more persons with a disability and whose management and daily business operations are under the control of one (1) or more persons with a disability.

For additional program eligibility information, visit:

https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/go-dbe/go-dbe-certification.html

Instructions:

As part of this Invitation to Bid, the respondent should complete the Diversity Utilization Plan below. To assist in your effort to seek and solicit the participation of diversity businesses on this solicitation, a directory of certified Diversity Business Enterprise firms may be found on the State's website at: https://tn.diversitysoftware.com/?TN=tn and clicking the "Search Registered Directory" button.

https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/go-dbe/go-dbe-certification.html https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/go-dbe/go-dbe-certification.html https://tn.diversitysoftware.com/?TN=tn

RESPONDENT'S DIVERSITY UTILIZATION PLAN

Respondent's Company Name:

Solicitation Event Name: Event Number:

Respondent's Contact Name:

Phone:

Email:

Does the Respondent qualify as the diversity business enterprise? ___ Yes ___ No

If yes, which designation does the Respondent qualify? ___MBE ___WBE ___DSBE___SDVBE __SBE

Certifying Agency:

Estimated level of participation by DBEs if awarded a contract pursuant to this ITB:

Diversity Business Information (List all subcontractors, joint-ventures, and suppliers)

% of Contract Estimated Amount

MBE/ WBE/

SDVBE/ SBE /

DSBE

Designation

Currently Certified (Yes or No)

Business Name:

Contact Name:

Contact Phone:

Business Name:

Contact Name:

Contact Phone:

If awarded a contract pursuant to this ITB, we confirm our commitment to make reasonable business efforts to meet or exceed the commitment to diversity as represented in our Diversity Utilization Plan. We shall assist the State in monitoring our performance of this commitment by providing, as requested, a monthly report of participation in the performance of this Contract by small business enterprises and businesses owned by minorities, women, service-disabled veterans and persons with disabilities. Such reports shall be provided to the state of Tennessee Governor's Office of Diversity Business Enterprise in the TN Diversity Software available online at:

https://tn.diversitysoftware.com/FrontEnd/StartCertification.asp?TN=tn&XID=9810

We further agree to request in writing and receive prior approval from the Central Procurement Office for any changes to the use of the above listed diversity businesses.

Authorized Signature: _______________________________ Date:

Printed Name and Title of Signatory ______________________________ https://tn.diversitysoftware.com/FrontEnd/StartCertification.asp?TN=tn&XID=9810

4. SCOPE:

4.1. Scope. The Contractor shall provide all goods or services and deliverables as required, described, and detailed in the Scope or Specifications set forth in the Invitation to Bid and meet all service and delivery timelines as specified by the Invitation to Bid.

4.2. Warranty Clauses:

4.2.1. Warranty. Contractor represents and warrants that the term of the warranty ("Warranty Period") shall be the greater of the Term of this Contract or any other warranty generally offered by Contractor, its suppliers, or manufacturers to customers of its goods or services. The goods or services provided under this Contract shall conform to the terms and conditions of this Contract throughout the Warranty Period. Any nonconformance of the goods or services to the terms and conditions of this Contract shall constitute a "Defect" and shall be considered "Defective." If Contractor receives notice of a Defect during the Warranty Period, then Contractor shall correct the Defect, at no additional charge. Contractor represents and warrants that the State is authorized to possess and use all equipment, materials, software, and deliverables provided under this Contract.

Contractor represents and warrants that all goods or services provided under this Contract shall be provided in a timely and professional manner, by qualified and skilled individuals, and in conformity with standards generally accepted in Contractor's industry.

If Contractor fails to provide the goods or services as warranted, then Contractor will re-provide the goods or services at no additional charge. If Contractor is unable or unwilling to re-provide the goods or services as warranted, then the State shall be entitled to recover the fees paid to Contractor for the Defective goods or services. Any exercise of the State's rights under this Section shall not prejudice the State's rights to seek any other remedies available under this Contract or applicable law.

4.3. Inspection and Acceptance. The State shall have the right to inspect all goods or services provided by Contractor under this Contract. If, upon inspection, the State determines that the goods or services are Defective, the State shall notify Contractor, and Contractor shall re-deliver the goods or provide the services at no additional cost to the State. If after a period of thirty (30) days following delivery of goods or performance of services the State does not provide a notice of any Defects, the goods or services shall be deemed to have been accepted by the State.

5. TERM OF CONTRACT:

5.1. Term of Contract.

5.1.1. This Contract shall be effective on DATE ("Effective Date") and extend for a period of 60 months after the Effective Date ("Term"). The State shall have no obligation for goods or services provided by the Contractor prior to the Effective Date. In no event, however, shall the maximum Term, including all renewals or extensions, exceed a total of sixty (60) months.

5.1.2. Term Extension. The State may extend the Term an additional period of time, not to exceed one hundred-eighty (180) days beyond the expiration date of this Contract, under the same terms and conditions, at the State's sole option.

6. PAYMENT TERMS AND CONDITIONS:

6.1. Maximum Liability. In no event shall the maximum liability of the State under this Contract exceed Written Dollar Amount ($Number) ("Maximum Liability"). This Contract does not grant the Contractor any exclusive rights. The State does not guarantee that it will buy any minimum quantity of goods or services under this Contract. Subject to the terms and conditions of this Contract, the Contractor will only be paid for goods or services provided under this Contract after a purchase order is issued to Contractor by the State or as otherwise specified by this Contract.

6.2. Compensation Firm. The prices identified in this Contract, whether derived from an awarded published catalog, price list, price schedule, or other mutually agreed upon source shall constitute the entire compensation due the Contractor for all goods or services provided under this Contract regardless of the difficulty, materials or equipment required. The prices identified includes all applicable taxes, fees, overhead, and all other direct and indirect costs incurred or to be incurred by the Contractor.

6.3. Travel Compensation. The Contractor shall not be compensated or reimbursed for travel time, travel expenses, meals, or lodging.

6.4. Invoice Requirements. The Contractor shall invoice the State only for goods delivered and accepted by the State or services satisfactorily provided at the amounts stipulated in this Contract. Contractor shall submit invoices and necessary supporting documentation to the State Agency that requested goods or services no later than thirty (30) days after goods or services have been provided.

a) Each invoice, on Contractor's letterhead, shall clearly and accurately detail all of the following information (calculations must be extended and totaled correctly):

1. Invoice number (assigned by the Contractor);

2. Invoice date;

3. Contract number (assigned by the State);

4. Purchase order number (assigned by the State);

5. Customer account name: The State of Tennessee;

6. Customer account number (assigned by the Contractor to the above-referenced Customer);

7. Contractor name;

8. Contractor Tennessee Edison supplier ID number;

9. Contractor contact for invoice questions (name, phone, or email);

10. Contractor remittance address;

11. Description of delivered goods or services provided and invoiced, including identifying information as applicable;

12. Number of delivered or completed units, increments, hours, or days as applicable, of each good or service invoiced;

13. Applicable payment methodology of each good or service invoiced;

14. Amount due for each compensable unit of good or service; and

15. Total amount due for the invoice period.

b) Contractor's invoices shall:

1. Only include charges for goods delivered or services provided as described in this Contract and in accordance with payment terms and conditions set forth in this Contract;

2. Only be submitted for goods delivered or services completed and shall not include any charge for future goods to be delivered or services to be performed;

3. Not include a line item for Contractor's taxes, which includes without limitation Contractor's sales and use tax, excise taxes, franchise taxes, real or personal Property taxes, or income taxes; and

4. Include shipping or delivery charges only as authorized in this Contract.

The timeframe for payment (or any discounts) begins only when the State is in receipt of an undisputed invoice that meets the minimum requirements of this Section.

6.5. Payment of Invoice. A payment by the State shall not prejudice the State's right to object to or question any payment, invoice, or other matter. A payment by the State shall not be construed as acceptance of goods delivered, any part of the services provided, or as approval of any amount invoiced.

6.6. Invoice Reductions. The Contractor's invoice shall be subject to reduction for amounts included in any invoice or payment that is determined by the State, on the basis of audits conducted in accordance with this Contract, to not constitute proper compensation for goods delivered or services provided.

6.7. Deductions. The State reserves the right to deduct from amounts, which are or shall become due and payable to the Contractor under this or any contract between the Contractor and the State of Tennessee, any amounts that are or shall become due and payable to the State of Tennessee by the Contractor.

6.8. Prerequisite Documentation. The Contractor shall not invoice the State under this

Contract until the State has received the following, properly completed documentation.

a) The Contractor shall complete, sign, and present to the State the "Authorization Agreement for Automatic Deposit Form" provided by the State. By doing so, the Contractor acknowledges and agrees that, once this form is received by the State, payments to the Contractor, under this or any other contract the Contractor has with the State of Tennessee, may be made by ACH; and

b) The Contractor shall complete, sign, and return to the State the State-provided W-9 form. The taxpayer identification number on the W-9 form must be the same as the Contractor's Federal Employer Identification Number or Social Security Number referenced in the Contractor's Edison registration information.

7. MANDATORY TERMS AND CONDITIONS:

7.1. Substitute Items Offered by the Contractor. In the event that an awarded item is no longer being manufactured or is replaced by a functionally equivalent item with superior technological features to the item being replaced, Contractor may offer a substitute item ("Substitute"). The Substitute shall: (a) meet or exceed the functional, technical, and performance characteristics of the item being replaced; (b) not exceed the cost of the item being replaced by more than ten percent (10%); and (c) be available for order on the date Contractor requests to make the substitution. Contractor shall not make any substitutions for awarded items without the State's prior, written approval. Contractor shall submit any proposed substitutions to the Central Procurement Office and include sufficient information to show that criteria (a) -- (c) above are met. The Central Procurement Office may request sample Substitutes for inspection or testing.

7.2. Proof of Cost for Parts Not in a Catalog or Price…