2022-45 Fuel Services Final.pdf

REQUEST FOR PROPOSALS #2022-45

FOR

CLACKAMAS COUNTY FLEET FUEL SERVICES

BOARD OF COUNTY COMMISSIONERS

TOOTIE SMITH, Chair

SONYA FISCHER, Commissioner PAUL SAVAS, Commissioner

MARK SHULL, Commissioner MARTHA SCHRADER, Commissioner

Gary Schmidt

County Administrator

Thomas Candelario

Contract Analyst

PROPOSAL CLOSING DATE, TIME AND LOCATION

DATE: May 26, 2022

TIME: 2:00 PM, Pacific Time

PLACE: Procurement@clackamas.us mailto:Procurement@clackamas.us

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SCHEDULE

Request for Proposals Issued…….................................................. April 26, 2022

Protest of Specifications Deadline..................................................May 5, 2022, 5:00 PM, Pacific Time

Deadline to Submit Clarifying Questions....................................... May 12, 2022, 5:00 PM, Pacific Time

Request for Proposals Closing Date and Time……....................... May 26, 2022, 2:00 PM, Pacific Time

Deadline to Submit Protest of Award............................................. Seven (7) days from the Intent to Award

Anticipated Contract Start Date……..............................................July 1, 2022

TABLE OF CONTENTS

Section 1 – Notice of Request for Proposals

Section 2 – Instructions to Proposers

Section 3 – Scope of Work

Section 4 – Evaluation and Selection Criteria

Section 5 – Proposal Content (Including Proposal Certification)

SECTION 1

NOTICE OF REQUEST FOR PROPOSALS

Notice is hereby given that Clackamas County through its Board of County Commissioners will receive sealed Proposals per specifications until 2:00 PM, May 26, 2022 (“Closing”), to provide Clackamas County Fleet Fuel Services. No Proposals will be received or considered after that time.

RFP Documents can be downloaded from the state of Oregon procurement website (“OregonBuys”) at the following address https://oregonbuys.gov/bso/view/login/login.xhtml, Document No. S-C01010-000002954.

Prospective Proposers will need to sign in to download the information and that information will be accumulated for a Plan Holder's List. Prospective Proposers are responsible for obtaining any Addenda, clarifying questions, and Notices of Award from OregonBuys. Sealed Proposals are to be emailed to Clackamas County Procurement Services at procurement@clackamas.us.

Contact Information Procurement Process and Technical Questions: Thomas Candelario, tcandelario@clackamas.us

The Board of County Commissioners reserves the right to reject any and all Proposals not in compliance with all prescribed public bidding procedures and requirements, and may reject for good cause any and all Proposals upon the finding that it is in the public interest to do so and to waive any and all informalities in the public interest. In the award of the contract, the Board of County Commissioners will consider the element of time, will accept the Proposal or Proposals which in their estimation will best serve the interests of Clackamas County and will reserve the right to award the contract to the contractor whose Proposal shall be best for the public good.

Clackamas County encourages proposals from Minority, Women, Veteran and Emerging Small Businesses.

https://oregonbuys.gov/bso/view/login/login.xhtml mailto:procurement@clackamas.us mailto:tcandelario@clackamas.us

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SECTION 2

INSTRUCTIONS TO PROPOSERS

Clackamas County (“County”) reserves the right to reject any and all Proposals received as a result of this RFP. County Local Contract Review Board Rules (“LCRB”) govern the procurement process for the County.

2.1 Modification or Withdrawal of Proposal: Any Proposal may be modified or withdrawn at any time prior to the Closing deadline, provided that a written request is received by the County Procurement Division Director, prior to the Closing. The withdrawal of a Proposal will not prejudice the right of a Proposer to submit a new Proposal.

2.2 Requests for Clarification and Requests for Change: Proposers may submit questions regarding the specifications of the RFP. Questions must be received in writing on or before 5:00 p.m. (Pacific Time), on the date indicated in the Schedule, at the Procurement Division address as listed in Section 1 of this RFP.

Requests for changes must include the reason for the change and any proposed changes to the requirements.

The purpose of this requirement is to permit County to correct, prior to the opening of Proposals, RFP terms or technical requirements that may be unlawful, improvident or which unjustifiably restrict competition.

County will consider all requested changes and, if appropriate, amend the RFP. No oral or written instructions or information concerning this RFP from County managers, employees or agents to prospective Proposers shall bind County unless included in an Addendum to the RFP.

2.3 Protests of the RFP/Specifications: Protests must be in accordance with LCRB C-047-0730.

Protests of Specifications must be received in writing on or before 5:00 p.m. (Pacific Time), on the date indicated in the Schedule, or within three (3) business days of issuance of any addendum, at the Procurement Division address listed in Section 1 of this RFP. Protests may not be faxed. Protests of the RFP specifications must include the reason for the protest and any proposed changes to the requirements.

2.4 Addenda: If any part of this RFP is changed, an addendum will be provided to Proposers that have provided an address to the Procurement Division for this procurement. It shall be Proposers responsibility to regularly check OregonBuys for any notices, published addenda, or response to clarifying questions.

2.5 Submission of Proposals: Proposals must be submitted in accordance with Section 5. All Proposals shall be legibly written in ink or typed and comply in all regards with the requirements of this RFP. Proposals that include orders or qualifications may be rejected as irregular. All Proposals must include a signature that affirms the Proposer’s intent to be bound by the Proposal (may be on cover letter, on the Proposal, or the Proposal Certification Form) shall be signed. If a Proposal is submitted by a firm or partnership, the name and address of the firm or partnership shall be shown, together with the names and addresses of the members. If the Proposal is submitted by a corporation, it shall be signed in the name of such corporation by an official who is authorized to bind the contractor. The Proposals will be considered by the County to be submitted in confidence and are not subject to public disclosure until the notice of intent to award has been issued.

No late Proposals will be accepted. Proposals submitted after the Closing will be considered late and will be returned unopened. Proposals may not be submitted by telephone or fax.

2.6 Post-Selection Review and Protest of Award: County will name the apparent successful Proposer in a Notice of Intent to Award published on OregonBuys. Identification of the apparent successful Proposer is procedural only and creates no right of the named Proposer to award of the contract. Competing Proposers shall be given seven (7) calendar days from the date on the Notice of Intent to Award to review the file at the Procurement Division office and file a written protest of award, pursuant to LCRB C-047-0740. Any award protest must be in writing and must be delivered by email, hand-delivery or mail to the address for the Procurement Division as listed in Section 1 of this RFP.

Only actual Proposers may protest if they believe they have been adversely affected because the Proposer would be eligible to be awarded the contract in the event the protest is successful. The basis of the written protest must

2022-45 Page 3 be in accordance with ORS 279B.410 and shall specify the grounds upon which the protest is based. In order to be an adversely affected Proposer with a right to submit a written protest, a Proposer must be next in line for award, i.e. the protester must claim that all higher rated Proposers are ineligible for award because they are non-responsive or non-responsible.

County will consider any protests received and:

a. reject all protests and proceed with final evaluation of, and any allowed contract language negotiation with, the apparent successful Proposer and, pending the satisfactory outcome of this final evaluation and negotiation, enter into a contract with the named Proposer; OR

b. sustain a meritorious protest(s) and reject the apparent successful Proposer as nonresponsive, if such Proposer is unable to demonstrate that its Proposal complied with all material requirements of the solicitation and Oregon public procurement law; thereafter, County may name a new apparent successful Proposer; OR

c. reject all Proposals and cancel the procurement.

2.7 Acceptance of Contractual Requirements: Failure of the selected Proposer to execute a contract and deliver required insurance certificates within ten (10) calendar days after notification of an award may result in cancellation of the award. This time period may be extended at the option of County.

2.8 Public Records: Proposals are deemed confidential until the “Notice of Intent to Award” letter is issued.

This RFP and one copy of each original Proposal received in response to it, together with copies of all documents pertaining to the award of a contract, will be kept and made a part of a file or record which will be open to public inspection. If a Proposal contains any information that is considered a TRADE SECRET under ORS 192.345(2), SUCH INFORMATION MUST BE LISTED ON A SEPARATE SHEET CAPABLE OF SEPARATION

FROM THE REMAINING PROPOSAL AND MUST BE CLEARLY MARKED WITH THE

FOLLOWING LEGEND:

“This information constitutes a trade secret under ORS 192.345(2), and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS Chapter 192.”

The Oregon Public Records Law exempts from disclosure only bona fide trade secrets, and the exemption from disclosure applies only “unless the public interest requires disclosure in the particular instance” (ORS 192.345).

Therefore, non-disclosure of documents, or any portion of a document submitted as part of a Proposal, may depend upon official or judicial determinations made pursuant to the Public Records Law.

2.9 Investigation of References: County reserves the right to investigate all references in addition to those supplied references and investigate past performance of any Proposer with respect to its successful performance of similar services, its compliance with specifications and contractual obligations, its completion or delivery of a project on schedule, its lawful payment of subcontractors and workers, and any other factor relevant to this RFP. County may postpone the award or the execution of the contract after the announcement of the apparent successful Proposer in order to complete its investigation.

2.10 RFP Proposal Preparation Costs and Other Costs: Proposer costs of developing the Proposal, cost of attendance at an interview (if requested by County), or any other costs are entirely the responsibility of the Proposer, and will not be reimbursed in any manner by County.

2.11 Clarification and Clarity: County reserves the right to seek clarification of each Proposal, or to make an award without further discussion of Proposals received. Therefore, it is important that each Proposal be submitted initially in the most complete, clear, and favorable manner possible.

2.12 Right to Reject Proposals: County reserves the right to reject any or all Proposals or to withdraw any item from the award, if such rejection or withdrawal would be in the public interest, as determined by County.

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2.13 Cancellation: County reserves the right to cancel or postpone this RFP at any time or to award no contract.

2.14 Proposal Terms: All Proposals, including any price quotations, will be valid and firm through a period of one hundred and eighty (180) calendar days following the Closing date. County may require an extension of this firm offer period. Proposers will be required to agree to the longer time frame in order to be further considered in the procurement process.

2.15 Oral Presentations: At County’s sole option, Proposers may be required to give an oral presentation of their Proposals to County, a process which would provide an opportunity for the Proposer to clarify or elaborate on the Proposal but will in no material way change Proposer’s original Proposal. If the evaluating committee requests presentations, the Procurement Division will schedule the time and location for said presentation. Any costs of participating in such presentations will be borne solely by Proposer and will not be reimbursed by County. Note: Oral presentations are at the discretion of the evaluating committee and may not be conducted;

therefore, written Proposals should be complete.

2.16 Usage: It is the intention of County to utilize the services of the successful Proposer(s) to provide services as outlined in the below Scope of Work.

2.17 Review for Responsiveness: Upon receipt of all Proposals, the Procurement Division or designee will determine the responsiveness of all Proposals before submitting them to the evaluation committee. If a Proposal is incomplete or non-responsive in significant part or in whole, it will be rejected and will not be submitted to the evaluation committee. County reserves the right to determine if an inadvertent error is solely clerical or is a minor informality which may be waived, and then to determine if an error is grounds for disqualifying a Proposal. The Proposer’s contact person identified on the Proposal will be notified, identifying the reason(s) the Proposal is non-responsive. One copy of the Proposal will be archived and all others discarded.

2.18 RFP Incorporated into Contract: This RFP will become part of the Contract between County and the selected contractor(s). The contractor(s) will be bound to perform according to the terms of this RFP, their Proposal(s), and the terms of the Sample Contract.

2.19 Communication Blackout Period: Except as called for in this RFP, Proposers may not communicate with members of the Evaluation Committee or other County employees or representatives about the RFP during the procurement process until the apparent successful Proposer is selected, and all protests, if any, have been resolved. Communication in violation of this restriction may result in rejection of a Proposer.

2.20 Prohibition on Commissions and Subcontractors: County will contract directly with persons/entities capable of performing the requirements of this RFP. Contractors must be represented directly.

Participation by brokers or commissioned agents will not be allowed during the Proposal process. Contractor shall not use subcontractors to perform the Work unless specifically pre-authorized in writing to do so by the County. Contractor represents that any employees assigned to perform the Work, and any authorized subcontractors performing the Work, are fully qualified to perform the tasks assigned to them, and shall perform the Work in a competent and professional manner. Contractor shall not be permitted to add on any fee or charge for subcontractor Work. Contractor shall provide, if requested, any documents relating to subcontractor’s qualifications to perform required Work.

2.21 Ownership of Proposals: All Proposals in response to this RFP are the sole property of County, and subject to the provisions of ORS 192.410-192.505 (Public Records Act).

2.22 Clerical Errors in Awards: County reserves the right to correct inaccurate awards resulting from its clerical errors.

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2.23 Rejection of Qualified Proposals: Proposals may be rejected in whole or in part if they attempt to limit or modify any of the terms, conditions, or specifications of the RFP or the Sample Contract.

2.24 Collusion: By responding, the Proposer states that the Proposal is not made in connection with any competing Proposer submitting a separate response to the RFP, and is in all aspects fair and without collusion or fraud. Proposer also certifies that no officer, agent, elected official, or employee of County has a pecuniary interest in this Proposal.

2.25 Evaluation Committee: Proposals will be evaluated by a committee consisting of representatives from County and potentially external representatives. County reserves the right to modify the Evaluation Committee make-up in its sole discretion.

2.26 Commencement of Work: The contractor shall commence no work until all insurance requirements have been met, the Protest of Awards deadline has been passed, any protest have been decided, a contract has been fully executed, and a Notice to Proceed has been issued by County.

2.27 Nondiscrimination: The successful Proposer agrees that, in performing the work called for by this RFP and in securing and supplying materials, contractor will not discriminate against any person on the basis of race, color, religious creed, political ideas, sex, age, marital status, sexual orientation, gender identity, veteran status, physical or mental handicap, national origin or ancestry, or any other class protected by applicable law.

2.28 Intergovernmental Cooperative Procurement Statement: Pursuant to ORS 279A and LCRB, other public agencies shall have the ability to purchase the awarded goods and services from the awarded contractor(s) under terms and conditions of the resultant contract. Any such purchases shall be between the contractor and the participating public agency and shall not impact the contactor’s obligation to the County.

Any estimated purchase volumes listed herein do not include other public agencies and County makes no guarantee as to their participation. Any Proposer, by written notification included with their Proposal, may decline to extend the prices and terms of this solicitation to any and/or all other public agencies. County grants to any and all public serving governmental agencies, authorization to purchase equivalent services or products described herein at the same submitted unit bid price, but only with the consent of the contractor awarded the contract by the County.

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SECTION 3

SCOPE OF WORK

3.1. INTRODUCTION

Clackamas County is seeking Proposals from vendors to provide fuel services as detailed in this RFP.

Please direct all Technical/Specifications or Procurement Process Questions to the indicated representative referenced in the Notice of Request for Proposals and note the communication restriction outlined in Section 2.19.

3.2 BACKGROUND

Clackamas County is seeking proposals from qualified contractors to supply fuel for the County’s fleet of vehicles. The fleet consists of passenger cars, light trucks, heavy trucks, police vehicles and bulk tanks.

Fuel used includes unleaded, premium unleaded and biodiesel. Most of the travel is within the county but vehicles in the fleet may travel anywhere in the state of Oregon and southwest Washington, so multiple locations are required. Diesel/Biodiesel fuel must be available by high capacity dispensers.

The majority of users will be Clackamas County employees and the Clackamas County Sheriff’s Office.

3.3. SCOPE OF WORK

3.3.1. Scope:

3.3.2. EMERGENCY REQUIREMENTS

Proposers acknowledge that the county has critical public safety and public service functions that require the use of motorized transportation assets. The successful deployment and use of these assets in an emergency require that a dependable supply of fuel is available. In the event of fuel shortages, power outages and/or impending fuel shortages, the Contractor understands and agrees that the needs of these critical County services must take priority over their private sector customer base. The contractor agrees to work closely with the County staff to insure that the available fuel is reserved and dispensed for these critical services that will best serve the community’s collective needs. The Contractor shall be required to establish and maintain a system of preparation, which should include bulk fuel for generators at various County locations, and communication to ensure staff is available and ready to respond to emergency situations that require immediate control of fueling resources in the event of a significant emergency involving County operations. This system should include a list of sites that have backup generators available to continue operations.

3.3.3. REPORTING SYSTEM

The County currently utilizes the FASTER Fleet Management software program to track its fuel transactions and expenses. Data from the proposed system will be imported into the FASTER system using the following criteria:

In order to perform the data conversion, the FASTER Fleet Management system imports records from a plain text, or ASCII, format file. The file must be set up with one transaction record per line. The format and the one transaction per line requirements are the only file-specific requirements.

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The ASCII file must contain the following items:

• Date of transaction

• Time of transaction

• Equipment # - This number must match the equipment numbers within the FASTER database or you must have an FVC (Fuel Vehicle Conversion Code) conversion table set up to convert the equipment number to one that matches the equipment number within the FASTER database.

• Employee Number/Driver – This number must match a valid EMP (Employee Code) within the FASTER database or you must have a FEC (Fuel System Employee Conversion Code) conversion table set up to convert the employee number to one that matches the employee number within the FASTER database.

• Site/Location Number – To reduce tank inventory in the FASTER database, each site must have tanks defined as a table code. Each transaction must be identified by site. The FASTER Fleet Management system uses a FSC (Fuel Site Conversion Code) to convert sites from the transaction file into the Operational Costs applet.

• Product Code – This code defines the type of fuel that was dispensed. The FASTER Fleet Management system uses a FPS (Fuel Product Conversion Code) to convert fuel types into the database.

• Quantity

• Odometer Reading

• Pump/Hose number – Pumps/Hose numbers are attached to tanks in the Tank Inventory applet. This is used by the software to reduce the inventory for the tank.

• Cost – If the cost is going to come from the automated fuel system, this field must be included

• In the event a new software program is procured for this purpose, we will work with the proposer to institute a new import.

3.3.4. REPORTING SYSTEM

The Contractor shall provide an online reporting system with up to date fuel transaction and inquiry functions. The Contractor shall provide exception reports if transactions exceed more than 3 transactions in a 24 hour period for either the driver or vehicle.

3.3.5. FUEL STATISTICS FOR 2020/2021 FISCAL YEAR:

Unleaded Diesel # of Vehicles 717 144 # of Gallons purchased 367,192 184,512

3.3.6. STATE AND FEDERAL TAX EXEMPTION

The Contractor shall provide to all agencies the forms necessary to process State and Federal exemption claims (if applicable). The Contractor shall provide any assistance required by the agencies to complete and file the forms with the proper agency.

3.3.7. MATERIAL SAFETY DATA SHEET(S)

At the time that the Contractor signs the contract, a Material Safety Data Sheet for each product will be provided by the Contractor and made part of this contract. As new or updated MSDS become available, the Contractor will forward copies to be place on file meeting the requirements of OAR 437-155-25.

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3.3.8. OSHA REQUIREMENTS

The Contractor shall comply with conditions of the Federal Occupational Safety and Health Act of 1972 (OSHA), and the standards and relations issued there under, and certify that all items furnished and purchased under this order conform and comply with said standards and regulations. The Contractor further agrees to indemnify and hold harmless each purchaser from all damages assessed a purchaser as a result of the Contractor’s failure to comply with the acts and standards there under and for the failure of the items furnished under this order to so comply.

3.3.9. ENVIRONMENTAL CONDITIONS

Each site shall be well lit, clean and be in an open area as to provide a safe environment for 24 hour use by County agencies. All approved sites shall have functional fire extinguishers that meet State, and/or local Fire Marshall requirements, shall have posted emergency telephone numbers for use in case an issues arise, and shall provide locally owned pay telephones and/or emergency telephones.

3.3.10 CARDLOCK

The Contractor shall provide a secure card system with the ability to identify the vehicle being fueled and the driver obtaining the fuel. The card(s) shall be clearly labeled with any identifying information. The Contractor shall provide new cards and replace any lost or unusable cards in a timely manner. The Contractor shall immediately notify their contact at Clackamas County Fleet Services if any problems arise with the cardlock system along with an estimate of when a remedy is expected and will keep Clackamas County Fleet Services updated as information becomes available.

3.3.11. WINTER OPERATIONS SURPLUS TANKS

The County provides winter operations throughout the County in the event of inclement weather and requires diesel fuel in certain areas from approximately November 1st through March 31st. The County has procured 1,000 gallon tanks to be used for this function.

The Contractor shall provide bulk diesel fuel for our emergency winter operations at the following sites:

Brightwood 60095 E Marmot Rd, Sandy OR 97055

Barton 19009 SE Barton Park Rd, Boring OR 97009

Marquam 9324 S Wildcat Rd, Molalla OR 97038

These sites are subject to change and a minimum of 30 days notice of any change in location will be provided to the Contractor prior to any fueling requests.

3.3.12. FUELS

The Contractor shall have a system for the purchase of unleaded and diesel fuels which meet the following requirements:

• All motor fuels shall be free from impurities including, but not limited to, water, dirt, harmful oils, fibrous materials and other petroleum products or contaminants

• In case of damage directly traceable to contaminated fuel at a site, the Contractor shall bare the full responsibility for the costs incurred for labor and repairs and/or labor and replacement of necessary components required.

• Fuel storage tanks shall comply with current and future Federal and State regulations.

• Regular unleaded gasoline shall have a minimum octane rating of 87 with 10% ethanol.

• Mid-grade unleaded gasoline shall have a minimum octane rating of 89 with 10% ethanol.

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• Premium unleaded gasoline shall have a minimum octane rating of 91 and unblended.

• Diesel shall have a minimum cetane rating of 45.

• Diesel fuel #2 ASTM shall be sulfur free. Diesel fuel shall be winterized for the months of

October through March to a cloud point not higher than 6C above the tenth percentile minimum ambient temperature for the area in which the fuel is sold.

• Each fuel site should include, at minimum, one of the higher octane rated fuels (mid-grade or premium), regular unleaded and diesel #2 fuel.

3.3.13 DEF

The contractor shall have a system for the purchase of DEF (Diesel Exhaust Fluid which meets the following requirements:

• All DEF shall be free from impurities including, but not limited to, water, dirt, harmful oils, fibrous materials and petroleum products or contaminants

• In case of damage directly traceable to contaminated fuel at a site, the Contractor shall bare the full responsibility for the costs incurred for labor and repairs and/or labor and replacement of necessary components required.

• DEF storage tanks shall comply with current and future Federal and State regulations.

• DEF must be available by a bulk dispenser and reported in the same manner and format as other fuel transactions.

3.3.3. Term of Contract:

The term of the contract shall be from the effective date through June 30, 2025 with the option for three

(3) additional two (2) year renewals thereafter subject to the mutual agreement of the parties.

3.3.4 Sample Contract: Submission of a Proposal in response to this RFP indicates Proposer’s willingness to enter into a contract containing substantially the same terms (including insurance requirements) of the sample contract identified below. No action or response to the sample contract is required under this RFP. Any objections to the sample contract terms should be raised in accordance with Paragraphs 2.2 or 2.3 of this RFP, pertaining to requests for clarification or change or protest of the RFP/specifications, and as otherwise provided for in this RFP. This RFP and all supplemental information in response to this RFP will be a binding part of the final contract.

The applicable Sample Goods & Services Contract for this RFP can be found at https://www.clackamas.us/finance/terms.html.

Goods & Services Contract (unless checked, item does not apply)

Travel Expense Reimbursement is Authorized

The following insurance requirements will be applicable.

Professional Liability: combined single limit, or the equivalent, of not less than $1,000,000 per occurrence, with an annual aggregate limit of $2,000,000 for damages caused by error, omission or negligent acts.

Commercial General Liability: combined single limit, or the equivalent, of not less than $1,000,000 per occurrence, with an annual aggregate limit of $2,000,000 for Bodily Injury and Property Damage.

Automobile Liability: combined single limit, or the equivalent, of not less than $500,000 per occurrence for Bodily Injury and Property Damage.

https://www.clackamas.us/finance/terms.html

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COOPERATIVE CONTRACTING. Pursuant to ORS 279A.200 to 279A.225, other public agencies may use this Contract resulting from a competitive procurement process unless the Contractor expressly noted in their proposal/quote that the prices and services are available to the County only.

The condition of such use by other agencies is that any such agency must make and pursue contact, purchase order, delivery arrangements, and all contractual remedies directly with Contractor; the County accepts no responsibility for performance by either the Contractor or such other agency using this Contract. With such condition, the County consents to such use by any other public agency.

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SECTION 4

EVALUATION PROCEDURE

4.1 An evaluation committee will review all Proposals that are initially deemed responsive and they shall rank the Proposals in accordance with the below criteria. The evaluation committee may recommend an award based solely on the written responses or may request Proposal interviews/presentations.

Interviews/presentations, if deemed beneficial by the evaluation committee, will consist of the highest scoring Proposers. The invited Proposers will be notified of the time, place, and format of the interview/presentation. Based on the interview/presentation, the evaluation committee may revise their scoring.

Written Proposals must be complete and no additions, deletions, or substitutions will be permitted during the interview/presentation (if any). The evaluation committee will recommend award of a contract to the final County decision maker based on the highest scoring Proposal. The County decision maker reserves the right to accept the recommendation, award to a different Proposer, or reject all Proposals and cancel the RFP.

Proposers are not permitted to directly communicate with any member of the evaluation committee during the evaluation process. All communication will be facilitated through the Procurement representative.

4.2 Evaluation Criteria

Category Points available:

Proposer’s General Background and Qualifications 0-30 Scope of Work 0-65 Fees 0-20

Available points 0-115

4.3 Once a selection has been made, the County will enter into contract negotiations. During negotiation, the County may require any additional information it deems necessary to clarify the approach and understanding of the requested services. Any changes agreed upon during contract negotiations will become part of the final contract. The negotiations will identify a level of work and associated fee that best represents the efforts required. If the County is unable to come to terms with the highest scoring Proposer, discussions shall be terminated and negotiations will begin with the next highest scoring Proposer. If the resulting contract contemplates multiple phases and the County deems it is in its interest to not authorize any particular phase, it reserves the right to return to this solicitation and commence negotiations with the next highest ranked Proposer to complete the remaining phases.

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SECTION 5

PROPOSAL CONTENTS

5.1. Vendors must observe submission instructions and be advised as follows:

5.1.1. Complete Proposals must be mailed to the below address or emailed to Procurement@clackamas.us.

The subject line of the email must identify the RFP title. Proposers are encouraged to contact Procurement to confirm receipt of the Proposal.

5.1.3. County reserves the right to solicit additional information or Proposal clarification from the vendors, or any one vendor, should the County deem such information necessary.

5.1.4. Proposal may not exceed a total of 20 pages (single-sided), inclusive of all exhibits, attachments or other information.

Provide the following information in the order in which it appears below:

5.2. Proposer’s General Background and Qualifications: (30 Total Points Possible)

• Description of the firm.

• Description of providing similar services to public entities of similar size within the past five (5) years.

• Description of the firm’s ability to meet the requirements in Section 3.

• Description of what distinguishes the firm from other firms performing a similar service.

5.3. Scope of Work (65 Total Possible Points)

Online Reporting System Description (20 Possible Points) Provide a narrative detailing the proposed on-line reporting system. Detail operational functionality of the system. Identify the training that will be necessary to implement the system (system administrator and a user).

Provide an implementation plan with specific milestones from the date of contract execution. Product literature may be submitted as reference material.

Interface (20 Possible Points) Describe how your reporting system will interface with the County’s “FASTER” system. Proposers shall supply a CD containing a fuel usage report that can be down-loaded into the County maintenance program for the purpose of tracking fuel cost, usage, mileage necessary for the county equipment preventative maintenance program. Note: A copy of fuel report shall be included with proposal for review of clarity.

Experience (5 Possible Points) Describe experience in servicing fleet clients with requirements similar to the Clackamas County.

Provide at least three references with requirements that are similar to the County’s; include contact name, telephone number and when the services were provided.

Fuel Availability (20 Possible Points)

• Detail how your proposed solution will meet the County’s day to day operational requirements.

• Detail how the proposed system will meet the County’s emergency requirements.

• Detail provisions for emergency power during adverse weather conditions and emergencies.

• Identify sites with emergency backup power supplies that will be available.

mailto:Procurement@clackamas.us

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The contractor shall be required to establish and maintain a system of preparation and communication to ensure staff is available and ready to respond to emergency situations that require the immediate control of fueling resources in the event of a significant emergency involving County and/or Cities operations.

5.4. Fees (20 Possible Points)

Fees should be on a time and material basis that details the following

a) The cost per gallon shall include all costs to provide fueling services to the County. *(Oil industry Standard pricing Report): Dealer mark-up, terminal fees, transfer cost, total cost to County over the rack price.

b) Use of non-awarded franchise site charges.

c) Volume discount (total gallons purchased per month).

d) Discount for payment 30 days from date invoice received.

Fees should be sufficiently descriptive to facilitate acceptance of a Proposal. List the not-to-exceed amount you propose for the service. Fees and fee schedules should outline all estimated expenses, hourly rates for all assigned individuals, anticipated travel, other reimbursable expenses.

5.5. References

Provide at least three (3) references from clients your firm has served similar to the County in the past three (3) years, including one client that has newly engaged the firm in the past thirty-six (36) months and one (1) long-term client. Provide the name, address, email, and phone number of the references. Please note the required three references may not be from County staff, but additional references may be supplied.

5.6. Completed Proposal Certification (see the below form)

2022-45 Page 14

PROPOSAL CERTIFICATION

RFP #2022-45

Submitted by:

(Must be entity’s full legal name, and State of Formation)

Each Proposer must read, complete and submit a copy of this Proposal Certification with their Proposal. Failure to do so may result in rejection of the Proposal. By signature on this Proposal Certification, the undersigned certifies that they are authorized to act on behalf of the Proposer and that under penalty of perjury, the undersigned will comply with the following:

SECTION I. OREGON TAX LAWS: As required in ORS 279B.110(2)(e), the undersigned hereby certifies that, to the best of the undersigned’s knowledge, the Proposer is not in violation of any Oregon Tax Laws. For purposes of this certification, “Oregon Tax Laws” means the tax laws of the state or a political subdivision of the state, including ORS 305.620 and ORS chapters 316, 317 and 318. If a contract is executed, this information will be reported to the Internal Revenue Service. Information not matching IRS records could subject Proposer to 24% backup withholding.

SECTION II. NON-DISCRIMINATION: That the Proposer has not and will not discriminate in its employment practices with regard to race, creed, age, religious affiliation, sex, disability, sexual orientation, gender identity, national origin, or any other protected class. Nor has Proposer or will Proposer discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business that is certified under ORS 200.055.

SECTION III. CONFLICT OF INTEREST: The undersigned hereby certifies that no elected official, officer, agent or employee of Clackamas County is personally interested, directly or indirectly, in any resulting contract from this RFP, or the compensation to be paid under such contract, and that no representation, statements (oral or in writing), of the County, its elected officials, officers, agents, or employees had induced Proposer to submit this Proposal. In addition, the undersigned hereby certifies that this proposal is made without connection with any person, firm, or corporation submitting a proposal for the same material, and is in all respects fair and without collusion or fraud.

SECTION IV. COMPLIANCE WITH SOLICITATION: The undersigned further agrees and certifies that they:

1. Have read, understand and agree to be bound by and comply with all requirements, instructions, specifications, terms and conditions of the RFP (including any attachments); and

2. Are an authorized representative of the Proposer, that the information provided is true and accurate, and that providing incorrect or incomplete information may be cause for rejection of the Proposal or contract termination; and

3. Will furnish the designated item(s) and/or service(s) in accordance with the RFP and Proposal; and

4. Will use recyclable products to the maximum extend economically feasible in the performance of the contract work set forth in this RFP.

Name:_______________________________________ Date:______________________________________

Signature:____________________________________ Title:______________________________________

Email:_______________________________________ Telephone:_________________________________

Oregon Business Registry Number:________________ OR CCB # (if applicable):________________________

Business Designation (check one):

Corporation Partnership Sole Proprietorship Non-Profit Limited Liability Company

Resident Quoter, as defined in ORS 279A.120 Non-Resident Quote. Resident State:__________________________