- Pin
- 32101-13979
- Kind
- ITB
- Doc Id
- Event 32101-13979 Amendment 1 Terms and Conditions Specifications Attachment A Discount workbook
- Title
- For Shelving and Installation- UPDATED
- Due Date
- Sep 24, 2026
- Pdf Text
- Invitation to Bid (ITB)
For Shelving and Installation
Event # 32101-13979
1.1. Section 1 -- Background Information
1.2. This solicitation is for Shelving and Installation for the State of Tennessee Real Estate
and Asset Management division of the Department of General Services. The
Specifications detail the goods and services provided in this Contract.
1.3. Pre-response Conference Notification. The Central Procurement Office will hold a
pre-response conference for this solicitation at the date, time, and location specified
below:
Date/Time: August 27, 2026 at 10:00 a.m. Central Time.
Location: Microsoft Teams
Room: Join:
https://teams.microsoft.com/meet/21422161584808?p=MmhucDida5mUL5pwr2
Meeting ID: 214 221 615 848 08 Passcode: LM767Bg2
Prospective respondents are encouraged to attend this pre-response conference;
however attendance is not mandatory in order to submit a response. The Central
Procurement Office conducts pre-response conferences to discuss and answer
questions prior to response due date. The pre-response conference is for informational
purposes only. Nothing stated at the pre-response conference shall change the
solicitation unless the change is reflected in writing and disseminated to all prospective
respondents that attended the pre-response conference.
1.4. 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.
1.5. 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 2 p.m. on August 31, 2026.
1.6. 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.
1.7. Award Criteria
1.8. 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.
1.9. Standard Terms of the Solicitation
1.10. 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)
1.11. 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.
1.12. 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.
1.13. 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.
1.14. 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.
1.15. 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.
1.16. Response Cancellation and Rejection. The State may cancel this ITB in its entirety
and reissue it in whole or in part.
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).
1.17. Communications and Contacts. Prospective respondents must direct
communications concerning this ITB to the following person designated as the
Solicitation Coordinator:
DeRenne Raley
Department of General Services, CPO
312 Rosa L Parks Avenue, 3rd Floor Tennessee Tower
Nashville TN 37243-1102
(615) 251-5173
DeRenne.Raley@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 Business Initiatives and Development for assistance
available to small businesses as well as general, public information relating to this ITB
(visit https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-
/go-bid/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
1.18. 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
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.
1.19. 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.
1.20. 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.
1.21. 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.
1.22. 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.
1.23. 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.
1.24. F.O.B. Destination. Respondent's prices shall include delivery of all items F.O.B.
destination or as otherwise specified by the State.
1.25. 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.
1.26. Prompt Pay Discount. Any prompt pay discounts offered by respondents shall be
extended to all authorized users of the contract.
1.27. Fixed Discount or Surcharge. The percent discount or surcharge per line item must
be fixed for the contract's term.
1.28. 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.
1.29. 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.
1.30. 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.
1.31. 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.
1.32. Energy Star Products. Any goods ordered by the State must be Energy Star certified
and meet applicable Energy Star specifications for energy efficiency.
1.33. 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.
1.34. 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.
1.35. 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
1.36. 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.
1.37. 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.
1.38. 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.
1.39. SCOPE:
1.40. 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.
1.41. Warranty Clauses:
1.42. 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.
1.43. 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.
1.44. TERM OF CONTRACT:
1.45. Term of Contract.
1.46. This Contract shall be effective on October 05, 2026 ("Effective Date") and extend for a
period of thirty-six (36) 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.
1.47. Renewal Options. This Contract may be renewed upon satisfactory completion of the
Term. The State reserves the right to execute up to two (2) renewal options under the
same terms and conditions for a period not to exceed twelve (12) months each by the
State, at the State's sole option. In no event, however, shall the maximum Term,
including all renewals or extensions, exceed a total of sixty (60) months.
1.48. 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.
1.49. PAYMENT TERMS AND CONDITIONS:
1.50. 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.
1.51. Price Changes. Prices identified in the Contract, whether derived from an awarded
published catalog, price list, price schedule, or other mutually agreed upon source,
shall remain firm for one thousand and ninety-five (1,095) days ("Firm Price Period").
a) Price Decreases. After the Firm Price Period, prices shall be equitably adjusted to
reflect a decrease in Contractor's costs.
b) Price Increases. After the Firm Price Period, Contractor may request price increases.
The request shall: include independently verifiable documentation that supports
Contractor's request for a price increase; not constitute an increase in Contractor
profit; and reflect a price increase that is applicable to all of Contractor's customers.
c) Approval of Price Changes. The State may at its sole option: (1) grant the
Contractor's request; (2) cancel the Contract and award it to the next apparent best
evaluated Respondent; (3) cancel the Contract and reissue the solicitation; or (4)
deny the Contractor's request. If approved, any price changes of less than seven
percent (7%) will become effective upon the State's approval in writing. Price
changes exceeding seven percent (7%) shall require a Contract amendment. The
Contractor shall honor all purchase orders dated prior to the approved price change.
Upon request from the State, the Contractor shall furnish the approved catalog, price
schedule or price list as applicable to the State at no charge.
1.52. Travel Compensation. Compensation to the Contractor for travel, meals, or lodging
shall be subject to amounts and limitations specified in the current "State
Comprehensive Travel Regulations."
The Contractor must include (in addition to the other invoice requirements of this
Contract) a complete itemization of requested travel compensation and appropriate
documentation and receipts as required by the "State Comprehensive Travel
Regulations."
1.53. 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.
1.54. 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.
1.55. 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.
1.56. 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.
1.57. 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.
1.58. MANDATORY TERMS AND CONDITIONS:
1.59. 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.
1.60. Proof of Cost for Parts, Materials, Supplies and Equipment. Contractor shall
invoice all parts, materials, supplies, and equipment at Contractor's out-of-pocket cost
("Cost") plus 15% and minus any applicable sales or use tax as provided in Tenn.
Code Ann. § 67-6-329. If Contractor receives any discounts when purchasing parts,
materials, supplies, or equipment, the State shall receive the benefit of the discounts
when Contractor determines its Cost. With each invoice submitted to the State,
Contractor shall include documentation of the Cost of parts, materials, supplies, and
equipment. If Contractor fails to provide sufficient documentation of its purchase Cost,
the State may verify current market value, and if necessary, adjust Contractor's invoice
to reflect fair market price.
1.61. Proof of Cost for Parts Not in a Catalog or Price List. For all goods not identified in
the specified catalog or price list, Contractor shall invoice the product at Contractor's
out-of-pocket cost ("Cost") plus 15% and minus any applicable sales or use tax as
provided in Tenn. Code Ann. § 67-6-329. If Contractor receives any discounts when
purchasing parts, materials, supplies, or equipment, the State shall receive the benefit
of the discounts when Contractor determines its Cost. With each invoice submitted to
the State, Contractor shall include documentation of the Cost of parts, materials,
supplies, and equipment. If Contractor fails to provide sufficient documentation of its
purchase Cost, the State may verify current market value, and if necessary, adjust
Contractor's invoice to reflect fair market value.
1.62. Purchase Order Release. Agency submission of a purchase order to Contractor
authorizes Contractor to deliver goods or provide services.
1.63. Delivery. Contractor shall provide all goods or services as required and described in
this Contract and shall meet all service and delivery timelines specified in this Contract.
Contractor shall provide goods or services required under this Contract within sixty (60)
days after receipt of a purchase order. All quotations shall be F.O.B. destination.
1.64. Required Approvals. The State is not bound by this Contract until it is duly approved
by the Parties and all appropriate State officials in accordance with applicable
Tennessee laws and regulations. Depending upon the specifics of this Contract, this
may include approvals by the Commissioner of Finance and Administration, the
Commissioner of Human Resources, the Comptroller of the Treasury, and the Chief
Procurement Officer. Approvals shall be evidenced by a signature or electronic
approval.
1.65. Communications and Contacts. All instructions, notices, consents, demands, or
other communications required or contemplated by this Contract shall be in writing and
shall be made by certified, first class mail, return receipt requested and postage
prepaid, by overnight courier service with an asset tracking system, or by email. All
communications, regardless of method of transmission, shall be addressed to the
respective party at the appropriate mailing address or email address as stated below
or any other address provided in writing by a party.
The Contractor:
Contractor
Contractor's Contact Name & Title
Address
Email Address
Telephone Number
State of Tennessee:
Evan Alston
Department of General Services, Office of Administrative and Fiscal Services
312 Rosa L. Parks Avenue, Floor 22
Nashville TN 37243
(615) 490-4364
Evan.Alston@tn.gov
All instructions, notices, consents, demands, or other communications shall be
considered effective upon receipt or recipient confirmation as may be required.
1.66. Modification and Amendment. This Contract may be modified only by a written
amendment signed by all parties and approved by all applicable State officials.
1.67. Subject to Funds Availability. The Contract is subject to the appropriation and
availability of State or federal funds. In the event that the funds are not appropriated or
are otherwise unavailable, the State reserves the right to terminate this Contract upon
written notice to the Contractor. The State's exercise of its right to terminate this
Contract shall not constitute a breach of Contract by the State. Upon receipt of the
written notice, the Contractor shall cease all work associated with the Contract. If the
State terminates this Contract due to lack of funds availability, the Contractor shall be
entitled to compensation for all conforming goods requested and accepted by the State
and for all satisfactory and authorized services completed as of the termination date.
Should the State exercise its right to terminate this Contract due to unavailability of
funds, the Contractor shall have no right to recover from the State any actual, general,
special, incidental, consequential, or any other damages of any description or amount.
1.68. Termination for Convenience. The State may terminate this Contract for
convenience without cause and for any reason. The State shall give the Contractor at
least thirty (30) days written notice before the termination date. The Contractor shall
be entitled to compensation for all conforming goods delivered and accepted by the
State or for satisfactory, authorized services completed as of the termination date. In
no event shall the State be liable to the Contractor for compensation for any goods
neither requested nor accepted by the State or for any services neither requested by
the State nor satisfactorily performed by the Contractor. In no event shall the State's
exercise of its right to terminate this Contract for convenience relieve the Contractor of
any liability to the State for any damages or claims arising under this Contract.
1.69. Termination for Cause. If the Contractor fails to properly perform its obligations under
this Contract in a timely or proper manner, or if the Contractor materially violates any
terms of this Contract ("Breach Condition"), the State shall have the right to
immediately terminate the Contract and withhold payments in excess of compensation
for completed services or provided goods. Notwithstanding the above, the contractor
shall not be relieved of liability to the State for damages sustained by virtue of any
Breach Condition and the State may seek other remedies allowed at law or in equity
for breach of this Contract.
1.70. Assignment and Subcontracting. The Contractor shall not assign this Contract or
enter into a subcontract for any of the goods or services provided under this Contract
without the prior written approval of the State. Notwithstanding any use of the
approved subcontractors, the Contractor shall be the prime contractor and responsible
for compliance with all terms and conditions of this Contract. The State reserves the
right to request additional information or impose additional terms and conditions before
approving an assignment of this Contract in whole or in part or the use of
subcontractors in fulfilling the Contractor's obligations under this Contract.
1.71. Conflicts of Interest. The Contractor warrants that no part of the Contractor's
compensation shall be paid directly or indirectly to an employee or official of the State
of Tennessee as wages, compensation, or gifts in exchange for acting as an officer,
agent, employee, subcontractor, or consultant to the Contractor in connection with any
work contemplated or performed under this Contract.
The Contractor acknowledges, understands, and agrees that this Contract shall be null
and void if the Contractor is, or within the past six (6) months has been, an employee
of the State of Tennessee or if the Contractor is an entity in which a controlling interest
is held by an individual who is, or within the past six (6) months has been, an
employee of the State of Tennessee.
1.72. Nondiscrimination. The Contractor hereby agrees, warrants, and assures that no
person shall be excluded from participation in, be denied benefits of, or be otherwise
subjected to discrimination in the performance of this Contract or in the employment
practices of the Contractor on the grounds of handicap or disability, age, race, creed,
color, religion, sex, national origin, or any other classification protected by federal or
state law. The Contractor shall, upon request, show proof of nondiscrimination and
shall post in conspicuous places, available to all employees and applicants, notices of
nondiscrimination.
1.73. Prohibition of Illegal Immigrants. The requirements of Tenn. Code Ann. § 12-3-309
addressing the use of illegal immigrants in the performance of any contract to supply
goods or services to the state of Tennessee, shall be a material provision of this
Contract, a breach of which shall be grounds for monetary and other penalties, up to
and including termination of this Contract.
a) The Contractor agrees that the Contractor shall not knowingly utilize the services of
an illegal immigrant in the performance of this Contract and shall not knowingly utilize
the services of any subcontractor who will utilize the services of an illegal immigrant
in the performance of this Contract. The Contractor shall reaffirm this attestation, in
writing, by submitting to the State a completed and signed copy of the document at:
https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-
/supplier-information-.html, semi-annually during the Term. If the Contractor is a party
to more than one contract with the State, the Contractor may submit one attestation
that applies to all contracts with the State. All Contractor attestations shall be
maintained by the Contractor and made available to State officials upon request.
b) Prior to the use of any subcontractor in the performance of this Contract, and semi-
annually thereafter, during the Term, the Contractor shall obtain and retain a current,
written attestation that the subcontractor shall not knowingly utilize the services of an
illegal immigrant to perform work under this Contract and shall not knowingly
utilize the services of any subcontractor who will utilize the services of an illegal
immigrant to perform work under this Contract. Attestations obtained from
subcontractors shall be maintained by the Contractor and made available to State
officials upon request.
c) The Contractor shall maintain records for all personnel used in the performance of
this Contract. Contractor's records shall be subject to review and random inspection
at any reasonable time upon reasonable notice by the State.
d) The Contractor understands and agrees that failure to comply with this section will be
subject to the sanctions of Tenn. Code Ann. § 12-3-309 for acts or omissions
occurring after its effective date.
e) For purposes of this Contract, "illegal immigrant" shall be defined as any person who
is not: (i) a United States citizen; (ii) a Lawful Permanent Resident; (iii) a person
whose physical presence in the United States is authorized; (iv) allowed by the
federal Department of Homeland Security and who, under federal immigration laws or
regulations, is authorized to be employed in the U.S.; or (v) is otherwise authorized to
provide services under the Contract.
1.74. Records. The Contractor shall maintain documentation for all charges under this
Contract. The books, records, and documents of the Contractor, for work performed or
money received under this Contract, shall be maintained for a period of five (5) full
years from the date of the final payment and shall be subject to audit at any
reasonable time and upon reasonable notice by the State, the Comptroller of the
Treasury, or their duly appointed representatives. The financial statements shall be
prepared in accordance with generally accepted accounting principles.
1.75. Monitoring. The Contractor's activities conducted and records maintained, pursuant to
this Contract, shall be subject to monitoring and evaluation by the State, the
Comptroller of the Treasury, or their
- Start Date
- Aug 14, 2026
- Due Date Raw
- Sep 24, 2026
- Pdf Enriched
- Yes
- Start Date Raw
- Aug 14, 2026
Tennessee Central Procurement Office (CPO)Issuing agency·Tennessee·via a public procurement portal