RER_complete_Little-White-Oak.pdf
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- Attached to
- Little White Oak Reclamation Project - UPDATED
- Solicitation number
- Event 32701-13826
- Issued by
- Claiborne County, Tennessee
About this file
This is a Rule Exception Request (RER) filed by the Tennessee Department of Environment and Conservation (Agency 32701) seeking approval to modify procurement template language for the Little White Oak Reclamation Project, a 65.3-acre abandoned mine land (AML) reclamation project in Campbell County, Tennessee. The project involves comprehensive land reclamation services including clearing and grubbing, area grading and excavation, landslide remediation, installation of 11,100 linear feet of silt retention barriers, supply and placement of 3,765 tons of rip-rap and limestone, construction of 400 feet of stream restoration structures, road restoration, and vegetation establishment. The requested modification makes attendance at the pre-bid conference mandatory for all prospective bidders; the mandatory pre-bid site visit is scheduled for February 10, 2026, at 10:00 a.m. EST at the project site in Campbell County. Written questions and comments regarding the solicitation are due by February 17, 2026, at 4:30 p.m. CT, and sealed bids must be submitted by March 16, 2026, at 2:00 p.m. CT through the Tennessee EDISON Supplier Portal. The contract term is 24 months from the effective date with a potential state option to extend an additional 180 days, and work completion is required within approximately 300 days of receipt of order with performance milestones requiring 25 percent, 50 percent, and 75 percent acreage completion by days 75, 150, and 225 respectively.
The maximum contract liability is $2,172,510.00, with compensation structured as firm and fixed pricing covering all goods, services, deliverables, materials, equipment, overhead, and costs for the entire contract term on a lowest-cost responsive and responsible bidder basis. The project is federally funded through a grant from the U.S. Department of Interior's Office of Surface Mining and is subject to Build America Domestic Procurement Preference requirements mandating that all iron, steel, manufactured products, and construction materials be produced in the United States. No set-asides for disadvantaged enterprises, small businesses, or minority-owned firms are identified. The Rule Exception Request was initiated November 3, 2025, approved by the Agency Forms Approver on November 12, 2025, and authorized by the Comptroller of the Treasury on November 17, 2025. The justification for the mandatory pre-bid conference requirement emphasizes that the complex nature of mine reclamation work requires prospective bidders to thoroughly understand construction documents, grade plans, and the significant heavy earth moving requirements; previous low bidders who did not attend pre-bid conferences either attempted to cut corners or withdrew bids upon site inspection, creating procurement delays incompatible with the time-sensitive nature of reclamation work and the limited property access available only during the pre-bid when agency and CPO staff are present.
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04-01-19 REQUEST-RULE
Rule Exception Request Complete and submit this RER e-Form to request changes to Central Procurement Office templates, policies, or other procurement documents or to modify the "necessary contract clauses" identified in Tenn. Comp. R. & Reg.
0690-03-01-.17 ("CPO Rule 17"). Complete this document in conformity with CPO Rule 17, which is available here . For additional guidance, please see the e-Forms Job Aid available online at the following: https://www.teamtn.
gov/cpo/learning-development/cpo-job-aids.html. All Rule Exception Requests are subject to review and approval by the Chief Procurement Officer. Rule Exception Requests that propose to modify any of CPO Rule 17's necessary contract clauses shall be subject to review and approval by the Comptroller of the Treasury. Note: If the requested changes involve contracts under a delegation, please use the RER for the DA or DGA templates.
Also, any change to the template language regarding the Limitation of Contractor's Liability shall be submitted using the Limitation of Contractor's Liability Request.
CPO Category Team Not a Statewide Contract
Agency request tracking # 32701-26-196
Agency Request Tracking Name: Little White Oak Reclamation Project
1. Procuring Agency 32701
2. Edison Contract ID# TBD
3. Please select Procurement or Contract Type.
(This will be the RER e-Form for routing purposes.)
Standard
4. Contractor or Grantee TBD
5. Contract's Effective Date TBD
6. Contract or grant contract's Term in number of Months (with ALL options to extend exercised) TBD months
7. Contract's Maximum Liability (with ALL options to extend exercised) $ 2,172,510.00
8. Citation and explanation of the rule(s) for which the exception is requested:
TN Comp, Rules & Regs, ch 0690-03-01-17 (4) Necessary or Prohibited Contract clauses and Rule Exception
9. Description of requested changes If adding new provisions or modifying existing provisions, insert the new or modified provisions in their entirety. Please provide red-lines or track changes to highlight any deviations from template language.
The language in the pre-bid conference notification selection of the special terms and conditions will be changed to reflect that the pre-bid site visit is mandatory in order for bidders to place a bid on the RFX event.
¿Mandatory Pre-Bid Conference Notification This is not a bid request.
This is a ¿draft¿ solicitation to notify prospective bidders of a mandatory pre-bid conference to finalize the solicitation prior to issuance of a formal Invitation to Bid (ITB). This document is for information purposes only and should not be returned.
A mandatory pre-bid site visit will be conducted by the Central Procurement Office for this solicitation.
Bidders must attend this pre-bid conference; attendance of this pre-bid conference is mandatory in order to https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/library-.html https://www.teamtn.gov/cpo/learning-development/cpo-job-aids.html https://www.teamtn.gov/cpo/learning-development/cpo-job-aids.html submit a bid.
A mandatory pre-bid site visit will be conducted by the Central Procurement Office for this solicitation at the date, time and location specified below:
Date/Time: TBD Location: TBD
The Central Procurement Office conducts bid conferences to discuss the Invitation to Bid requirements, gather information, and to give the prospective bidders an opportunity to ask questions arising from their review of the draft solicitation. This conference is the time for interested bidders to ask questions about the bidding process, terms, conditions, and specifications relating to the solicitation.
The pre-bid conference is for information purposes only. Nothing stated at the pre-bid site visit shall change the invitation to bid unless the change is reflected in writing in the formal invitation to bid. Should you find any errors in this draft solicitation please submit those noted errors in writing to the buyer's attention prior to the pre-bid conference.
After the pre-bid conference, a final copy of the formal invitation to bid reflecting any changes will be issued to vendors on the bid list. The formal invitation to bid will have a designated closing date and time and must be completed and returned for bidding purposes.¿
10. Scope of Goods or Services Caption: Reclamation of 65.3 acres of AML in Campbell county
11. Justification:
The nature of the work required on this mine reclamation project is much more involved than the typical grade work that most bidders are familiar with. A mandatory pre-bid will ensure that prospective bidders have a thorough understanding of the construction documents and grade plans as well as an appreciation for the degree of heavy earth moving that will be required to successfully complete the contract. Previous low bidders have regretted not attending the pre-bid and have attempted to cut corners to make up for bidding a project that was "more than what they expected". Another recent low bidding contractor service that did not attend the pre-bid withdrew their bid as soon as they set foot on the site creating procurement delays that can derail the time sensitive nature of reclamation work.
This project is also on private property so access to investigate the site will be limited to the pre-bid when agency and CPO staff are present.
The notification of the mandatory pre-bid will be sent to the registered bidders and vendors for this project's UNSPSC code two weeks before the meeting.
11/12 Addition: SBC Approval is not needed because all work will be on private property. Federal funds will be used for this project.
Form Approvals Form Id:170619
Current Date Time Step Title Description Form Action Time Elapse 2025-11-03-
15.12.13.000000 Initiated Anna Ferchaud
Juneau Submitted
2025-11-04-
22.00.24.000000 Agency Forms
Approver Michael S Grammer
Approved 1 day 6 hours 48 minutes
2025-11-10-
10.33.32.000000 CPO Standard Forms
Approver Jennifer A Young Recycled 5 days 12 hours
33 minutes 2025-11-12-
07.52.24.000000 Resubmitted Anna Ferchaud
Juneau Resubmitted 1 day 21 hours 18 minutes 2025-11-12-
08.20.31.000000 Agency Forms
Approver Amanda Head Approved 28 minutes
2025-11-13-
10.05.46.000000 CPO Standard Forms
Approver Jennifer A Young Approved 1 day 1 hour 45 minutes 2025-11-17-
10.30.56.000000 COT Treasury Forms
Approver Bryan S Chriske Authorized 4 days 25 minutes
2025-11-17-
10.31.00.000000 System Executed < 1 minute
Comment History:
** Bryan S Chriske ** Mon, Nov 17 25, 10:30:55 AM Approval of this EFORM is on behalf of the Comptroller pursuant to current signature authorization.
** Anna Ferchaud Juneau ** Wed, Nov 12 25, 07:52:24 AM Hi Jennifer. This is the first I've heard of the SBC. After reviewing their policy, I believe it does not apply because this project is on private property. I've added this line to the justification.
_____Audit Event_____ ** Anna Ferchaud Juneau ** Wed, Nov 12 25, 07:51:00 AM Changed Original Value: <p>The nature of the work required on this mine reclamation project is much more involved than the typical grade work that most bidders are familiar with. A mandatory pre-bid will ensure that prospective bidders have a thorough understanding of the construction documents and grade plans as well as an appreciation for the degree of heavy earth moving that will be required to successfully complete the contract. Previous low bidders have regretted not attending the pre-bid and have attempted to cut corners to make up for bidding a project that was ¿more than what they expected¿. Another recent low bidding contractor service that did not attend the pre-bid withdrew their bid as soon as they set foot on the site ¿ creating procurement delays that can derail the time sensitive nature of reclamation work.<br /><br />This project is also on private property so access to investigate the site will be limited to the pre-bid when agency and CPO staff are present.<br /><br />The notification of the mandatory pre-bid will be sent to the registered bidders and vendors for this project¿s UNSPSC code two weeks before the meeting.</p> New Value: <p>The nature of the work required on this mine reclamation project is much more involved than the typical grade work that most bidders are familiar with. A mandatory pre-bid will ensure that prospective bidders have a thorough understanding of the construction documents and grade plans as well as an appreciation for the degree of heavy earth moving that will be required to successfully complete the contract. Previous low bidders have regretted not attending the pre-bid and have attempted to cut corners to make up for bidding a project that was "more than what they expected". Another recent low bidding contractor service that did not attend the pre-bid withdrew their bid as soon as they set foot on the site creating procurement delays that can derail the time sensitive nature of reclamation work.<br /><br />This project is also on private property so access to investigate the site will be limited to the pre-bid when agency and CPO staff are present.<br /><br />The notification of the mandatory pre-bid will be sent to the registered bidders and vendors for this project's UNSPSC code two weeks before the meeting.<br /><br />11/12 Addition: SBC Approval is not needed because all work will be on private property. Federal funds will be used for this project.</p> _Tech Audit Details_ Segment: Procure_CN Field Details: Record Tag: PAGEREC Field: GSJUSTIFICATIO1 _____Audit Event_____ ** Anna Ferchaud Juneau ** Wed, Nov 12 25, 07:50:59 AM *Justification Changed Original Value: <p>The nature of the work required on this mine reclamation project is much more involved than the typical grade work that most bidders are familiar with. A mandatory pre-bid will ensure that prospective bidders have a thorough understanding of the construction documents and grade plans as well as an appreciation for the degree of heavy earth moving that will be required to successfully complete the contract. Previous low bidders have regretted not attending the pre-bid and have attempted to cut corners to make up for bidding a project that was ¿more than what they expected¿. Another recent low bidding contractor service that did not attend the pre-bid withdrew their bid as soon as they set foot on the site ¿ creating procurement delays that can derail the time sensitive nature of reclamation work.<br /><br />This project is also on private property so access to investigate the site will be limited to the pre-bid when agency and CPO staff are present.<br /><br />The notification of the mandatory pre-bid will be sent to the registered bidders and vendors for this project¿s UNSPSC code two weeks before the meeting.</p> New Value: {"ops":[{"insert":"The nature of the work required on this mine reclamation project is much more involved than the typical grade work that most bidders are familiar with. A mandatory pre-bid will ensure that prospective bidders have a thorough understanding of the construction documents and grade plans as well as an appreciation for the degree of heavy earth moving that will be required to successfully complete the contract. Previous low bidders have regretted not attending the pre-bid and have attempted to cut corners to make up for bidding a project that was \"more than what they expected\". Another recent low bidding contractor service that did not attend the pre-bid withdrew their bid as soon as they set foot on the site creating procurement delays that can derail the time sensitive nature of reclamation work.\n\nThis project is also on private property so access to investigate the site will be limited to the pre-bid when agency and CPO staff are present.\n\nThe notification of the mandatory pre-bid will be sent to the registered bidders and vendors for this project's UNSPSC code two weeks before the meeting.\n\n11/12 Addition:
SBC Approval is not needed because all work will be on private property. Federal funds will be used for this project.
\n"}]} _Tech Audit Details_ Segment: Procure_CN Field Details: Record Tag: PAGEREC Field: GSJUSTIFICATIO1 ** Jennifer A Young ** Mon, Nov 10 25, 10:33:32 AM Thank you for providing justification for the mandatory pre-bid. Request to please add confirmation to the file that SBC approval is not needed since this involves real property? Thank you! https://www.tn.
gov/content/dam/tn/statearchitect/documents/SBC_POLICY_MASTER.pdf
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