ITB_40100-14033_Terms_and_Conditions_Corrected_Numbering.pdf

ITB # 40100-14033 – Questions & Comments Page 1 of 3

STATE OF TENNESSEE

DEPARTMENT OF TRANSPORTATION

INVITATION TO BID (ITB) # 40100-14033

AMENDMENT #1 FOR PORTABLE RESTROOMS AND

SEPTIC SERVICES

DATE: October 29, 2026

RFP # 40100-14033 IS AMENDED AS FOLLOWS:

1. This ITB Schedule of Events updates and confirms scheduled RFP dates. Any event, time, or date containing revised or new text is highlighted.

Event start date October 16, 2026

Questions and Comments due October 21, 2026, 12:00 PM CT

Response deadline November 4, 2026, 2:00 PM CT

2. State responses to questions and comments in the table below amend and clarify this RFP.

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

ITB Section Question/Comment

Answer

Specifications Region-only bid. If we complete every Region 3 line and leave Regions 1, 2, and 4 blank, will we remain eligible for a Region 3 award?

Yes. A Respondent may submit a bid for one Region only and leave the pricing lines of the other Regions blank. To be eligible for an award for a Region, the Respondent must provide a response for every required line item associated with that Region.

Specifications Must every unit type be bid? If we price standard restrooms, hand-wash stations, and ADA units for Region 3, but leave other specialty lines blank (for example 4-stall units or shower trailers), are we disqualified from a Region 3 award?

Yes. To be eligible for an award for a Region, a Respondent must provide pricing for every line item associated with that Region.

As stated in the Specifications, Contractors will be responsible for delivering the full scope of services within their assigned Region.

ITB # 40100-14033 – Questions & Comments Page 2 of 3

Terms and Conditions

Subcontractors.

a. May we name proposed regional subcontractors in the bid and finalize county coverage after award, subject to written CPO approval?

b. If we mark “No” subcontractors now, what is the approval timeline to add a partner later for the west side of Region 3 (Montgomery, Stewart, Houston, Wayne, Lawrence)?

c. If an approved subcontractor is used, does the 4-hour emergency clock still run only against the prime?

a. Yes, however if subcontractor arrangements are not finalized at the time of bid, the Contractor is still expected to provide full performance beginning on the Contract’s effective date. For example, if coverage in a county is needed before the Contractor finalizes its subcontractor agreement for that area, the Contractor must perform the work directly. If the Contractor later transitions that location to an approved subcontractor, the Contractor must coordinate the change with the requesting TDOT office to ensure there is no interruption in service, and TDOT will not pay any additional costs associated with that transition.

b. TDOT cannot provide an exact timeline. The contract supplier will have to submit the request in writing and TDOT will have to review the subs qualifications. The contracted supplier will be responsible for providing service until a sub is approved.

c. Yes. The prime Contractor is fully responsible for meeting the 4 hour emergency response standard, even when using approved subcontractors. Please see response to question 4 Emergency Response/Default for broader expectations around performance and communication.

Specifications Emergency response / default. If a unit in a distant Region 3 county is not restored within 4 hours, but service elsewhere in the region is timely, is that a contract default or grounds for termination?

A single delayed restoration would not automatically be considered a default. Additionally, TDOT will work collaboratively with the Contractor to resolve challenges when they are communicated promptly. However, repeated or ongoing performance issues may lead to further action, including possible termination.

General Who must use this contract. After award, must TDOT construction contractors and P3 / Choice Lanes partners (including DriveTN on I-24 Southeast) order portable restrooms from this contract when working in an awarded region, or may they hire their own vendor?

Only TDOT may use this contract. Contractors working for TDOT are not permitted to use it.

General Who may place orders. After award, can a TDOT highway or maintenance contractor issue the purchase order, or only TDOT staff?

Only TDOT may place orders.

General Bid quantities. Please confirm the Edison Bid Qty figures are for evaluation only and are not a commitment to purchase those volumes.

The bid quantities in Edison are anticipated quantiles and not a commitment to purchase.

ITB # 40100-14033 – Questions & Comments Page 3 of 3

Specifications All-in pricing / delivery. A single purchase order may require units at several mile markers or yards in the same region. Is delivery, setup, weekly service, supplies, emergency response, and pickup all included in the weekly or monthly unit price, with no separate trip or freight charge?

Correct. The pricing is all-inclusive and does not allow a separate trip or freight charge. TDOT does not anticipate this scenario to occur. POs will typically be site specific and if this situation were to occur TDOT anticipates creating separate POs.

Specifications Non-routine service. The specifications require non-routine service within 48 hours. Is that work included in the weekly/monthly rental, or will the State add a separate priced line?

Please see the bid factors in Edison and Section 3.ii in the Specifications document which establish the separate, per unit pricing structure for non-routine service.

Specifications Monthly vs. weekly. If a unit is billed on a monthly line, does the every-7-day pumping and stocking schedule in the specifications still apply?

Yes. Weekly and Monthly units are both serviced in accordance with Section 1.E. Rental Service.

Terms and Conditions

Price after year one. After the first 365 days of firm pricing, how are increases requested and what, if any, cap applies?

Contractors may request a price increase with verifiable documentation that supports the request by contacting the TDOT representative for the contract.

While there is no cap, changes of less than 7% are effective upon the State’s approval. Changes above 7% will require a contract amendment.

Please see section 6.2 of the Terms and Conditions more details.

Terms and Conditions

Invoicing. May we invoice weekly lines every 7 days and monthly lines at month-end, or only after pickup?

Yes, contractors may invoice TDOT once services have been provided but no later than 30 days after. Invoicing requirements are outlined in the Terms and Conditions Section 7.4. “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.”

Specifications Licenses. Besides the insurance already stated in the ITB, does Region 3 work require any additional TDOT permit, waste-hauler license, or disposal-site approval before notice to proceed?

Yes, the State does require a business license and an active pump and waste hauler permit that should be submitted with the bid. TDOT does not require any additional permits.

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

ITB 40100-14033 Terms and Conditions Corrected Numbering

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.