COUNTY OF VENTURA

GENERAL SERVICES AGENCY

PROCUREMENT SERVICES

800 S. VICTORIA AVE., L#1080

VENTURA, CA 93009

REQUEST FOR PROPOSAL

No. 6252 for

Gasoline and Diesel Fuel

Issued: May 28, 2026 Due: June 22, 2026

County of Ventura RFP 6252 Gasoline and Diesel Fuel

GSA/Procurement Services

SECTION 1.0

GENERAL INFORMATION AND SCOPE OF WORK

This Request for Proposal (RFP) has been posted on the County of Ventura Vendor Information Portal (VCVIP) aka Bonfire website (Ventura.bonfirehub.com) for your convenience. Addenda and attachments, if issued, are also posted. It is the Offeror’s responsibility to ensure that the entire RFP package, in its latest version, is reviewed prior to submittal of a proposal.

1.1 Introduction/Purpose

The County of Ventura (hereinafter referred to as County) invites your organization to submit a written proposal to provide Gasoline and Diesel Fuel for the County of County and other participating agencies. Proposals shall be due no later than 3:00 p.m. on June 22, 2026 for the furnishings of annual gasoline and diesel fuel requirements for the County in accordance with the attached Terms and Conditions, Instructions to Offerors which by this reference are made a part hereof.

Offerors shall be skilled and regularly engaged in the general class or type of work called for in the solicitation documents to include the furnishing of all fuel, transportation, labor, supervision, equipment and any other items of expense necessary to provide gasoline and diesel fuel.

1.2 Background

Agency County operates on fiscal year basis (July 1 through June 30). Spending for the last fiscal year was $4,600,000 for the County of Ventura only. These figures are based on historical data and in publishing these figures, the County makes no guarantee that these volumes will continue over the course of the contract term.

Currently, services are provided on a scheduled or on-demand basis throughout the county.

1.3 Action Dates

The following is an outline of the anticipated schedule for the proposal review and contract award.

Issue Request for Proposal (RFP) May 28, 2026 Last day for questions June 8, 2026 Proposals Due June 22, 2026 Evaluation-award August 2026 Start Work Fall 2026 https://ventura.bonfirehub.com/portal/?tab=login

SECTION 1.0

GENERAL INFORMATION AND SCOPE OF WORK

The Contractor shall not commence work until a meeting between representatives of the contractor and the County of Ventura is held. The meeting will be held at a County of Ventura site, at a time and date to be established. The schedule set forth above is subject to change.

1.4 Questions Regarding RFP

All questions concerning this Proposal may be directed to Michelle Larios, Buyer, under “Messages” tab of the solicitation online at:

https://ventura.bonfirehub.com/portal/?tab=login .

SECTION 2.0

INSTRUCTIONS TO OFFERORS/RULES GOVERNING COMPETITION

2.1 Submittal Deadline

Completed proposals must be submitted online through VCVIP at ventura.bonfirehub.com per instructions.

Offerors are allowed to submit more than one proposal with different methods of meeting the RFP requirements. When Offeror submits more than one proposal, one proposal shall be marked “Base Proposal” and the others shall be marked “Alternate Proposal 1, Alternate Proposal 2, etc.” Each base proposal and each alternate proposal shall be submitted in accordance with the terms and conditions of the RFP.

Offerors are responsible for making certain their proposals are received by GSA- Procurement on or before the Proposal Submittal Deadline listed on the RFP Details tab in the VCVIP portal. The receiving time in VCVIP will be the governing time for acceptability of proposals. No hard copy, oral, telegraphic, electronic mail, facsimile, or telephone proposals or modifications will be considered.

2.2 Proposal Response

Offerors must submit their proposals and all required information and forms by the submittal deadline. Proposals failing to provide complete information may be deemed non-responsive. Offerors should keep copies of their submittals for future reference.

Offerors who do not wish to respond but who wish to be kept on the mailing list must return their proposal forms or a written response indicating “No Proposal”.

Include name and address of Offeror.

Offerors who fail to respond to proposal solicitations may be removed from the supplier mailing list.

2.3 Modification of Proposals

Any Offeror who wishes to make modifications to a proposal already received by County must withdraw their proposal in order to make the modifications. All modifications must be made on-line, properly by Offeror’s authorized representative, executed, and submitted in accordance with the terms and conditions of this solicitation. It is the responsibility of Offeror to ensure that modified proposals are resubmitted before the Submittal Deadline.

Offerors may withdraw their proposals, at any time prior to the due date and time, by submitting notification of withdrawal signed by Offeror’s authorized agent.

Proposals cannot be changed or modified after the date and time designated for receipt.

2.4 Opening of Proposals

Proposals will not be opened publicly but a list of the names of Offerors submitting proposals will be available within a reasonable time after the Submittal Deadline.

Proposals will be made public and may be inspected at the time of award.

2.5 Examination of the Request for Proposal

Offerors should carefully examine the entire RFP, any addenda thereto, and all related materials and data referenced herein or otherwise available to offeror.

Offeror shall be presumed to be familiar with all specifications and requirements of this RFP. The failure or omission to examine any form, instrument or document shall in no way relieve offerors from any obligation with respect to this proposal.

2.6 Proposal Validity

Proposals submitted hereunder shall be firm for 90 calendar days from the due date unless otherwise qualified.

2.7 Proposal Content/Format

To be considered responsive, proposals should address all items identified in this section.

Please note: Some items require that the Offeror provide a detailed response and/or attachments. Failure to provide a complete response may be grounds for rejection of a proposal.

Furthermore, proposals should be prepared in such a way as to provide a straightforward and concise discussion of the Offeror’s ability to provide the services that can best satisfy the requirements herein and meet the needs of the County. Elaborate or unnecessarily lengthy responses and attachments are discouraged.

Emphasis should be concentrated on conformance to the RFP instructions, responsiveness to the RFP requirements and on completeness and clarity of content.

In order to facilitate evaluation and comparison, proposals should be submitted in the format described in this section. Format instructions must be adhered to; all requirements and requests for information must be addressed; all requested data must be supplied. Failure to comply with this requirement may be cause for rejection.

Assemble and present your proposal response in the order that the items are listed, identifying each response by the corresponding number.

a. Cover Letter/Signature on Proposal

A cover letter, which shall be considered an integral part of the proposal, shall be signed by individual(s) who is/are authorized to bind offeror(s) contractually. The signature(s) must indicate the classification or position that the individual(s) holds.

The cover letter shall designate a person or persons who may be contacted during the period of evaluation with questions or contract issues. Include name(s), title(s), address(es), telephone number(s), fax number(s) and email address(es).

Upload the Cover Letter through the Requested Information.

b. Company Profile and Qualifications

Offeror must provide company profile in Section 2 – Offerors

Information Questionnaire, Question Set 1.

Information provided shall include:

1. Correct legal name as registered with the California Secretary of State.

2. Company ownership. If incorporated, the state in which the company is incorporated and the date of incorporation.

3. Location of the company offices.

4. Location of the office servicing any California account(s). What are the hours of operation of the customer service unit involved in supporting the proposed services?

5. Number of employees both locally and nationally.

6. Location(s) from which employees will be assigned.

7. Name, address, and telephone number of the Offeror’s point of contact for a contract resulting from this RFP.

8. Company background/history establishing that Offeror is qualified to provide the services described in this RFP.

9. Length of time Offeror has been providing services described in this

RFP. Please provide a brief description of such services.

Offeror must include in their proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Offeror or in which the Offeror has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. County reserves the right to reject any proposal based upon Offeror’s prior history with County or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures.

c. Personnel Qualifications

Identify key personnel and their position within the organization in Section 2 – Offerors Information Questionnaire, Question Set 2.

Provide a resume detailing the experience, level of expertise and qualifications of the representative/manager and those individuals who will directly support and be involved in meeting the day-to-day requirements of the County.

If you plan to sub-contract work, you must indicate the name and address of each subcontractor and the type of work or tasks they will perform.

Identify the personnel to be assigned, their position, qualifications, and representative experience. Provide this information in Section 2 – Offerors Information Questionnaire, Question Set 4

d. Financial Statement

This competitive solicitation has a standard requirement that all submitted proposals include the Offeror’s financial history. To comply with this requirement, all respondents are to furnish County with financial statements at the time of submittal in order to demonstrate the Offeror's financial capabilities. Failure to provide this information at the time of submittal will result in a recommendation by the Chief Procurement Officer to deem the response as non-responsive.

Each respondent shall submit their most recent two (2) years of annual financial statements for review that shall include the following: 1) Income Statement, and 2) Balance Sheet. County’s preference is that financials be submitted in a comparative format, meaning that the two (2) most recent years are shown side by side. The financial statements are not required to be audited financial statements. If Offeror has been in business for less than the required number of years, then Offeror must disclose for all years of the required period that Offeror has been in business, including any partial year-to-date financial statements. County, during evaluation, may consider the unavailability of the most recent year’s financial statements and whether Offeror acted in good faith in disclosing their financial documents.

Upload the Financial Statement through the Requested Information.

e. References

Offers must provide a minimum of three (3) references from similar projects in Section 2 - Offerors Information Questionnaire, Question Set 3

Offerors should provide a minimum of three (3) references from similar projects performed within the last three years. In addition include all local government (Southern California) references. Information provided shall include:

1. Client name;

2. Project description;

3. Project dates (starting and ending);

4. Dollar value

5. Staff assigned to reference engagement that will be designated for work per this RFP;

6. Client project manager name and telephone number.

f. Offeror Understanding

Offerors may include an understanding of the County's needs or any other information, deemed necessary, which may not be required in any other section of the RFP.

g. Requirements

Offeror's response shall state on a point-by-point basis whether proposal is in compliance with the requirements/specifications of the RFP (Section 3). Address each item in the order given, identify each response by item number. Submit a full explanation of, and justification for, any exemptions or deviations.

Upload the response to Section 3 through the Requested Information section.

h. Compliance with County Standard Contract Terms and Conditions

Successful Contractor will be required to enter into a written contract.

Offerors shall review the County’s standard contract in Section 4, which shall form the basis for any contract entered into hereunder.

Offerors must state approval of the standard contract, OR provide any comments/exceptions to this contract on a line-by-line basis.

For exceptions, address each item in the order given; identify each response by item number. Any comments/exceptions to this contract must be included in your proposal. Precise substitute wording must be offered in place of the paragraph objected to. It is not sufficient to state merely that an exception is noted to a particular paragraph.

Deviations considered excessive by the County may reduce or eliminate an Offeror.

PLEASE NOTE: The sample standard contract attached to this RFP is a template. Please do not attempt to insert missing information and complete the attached sample. Once a vendor is selected, Procurement will work with the selected vendor to draft a vendor-specific contract.

i. Compensation

Complete Proposal Form (ATTACHMENT B). Proposal pricing shall include everything necessary for completion and fulfillment of the contract. All other costs must be detailed.

No additional charges (e.g., for transportation, out-of-pocket expenses, etc.)

will be allowed unless so specified herein.

Download Attachment “B” Cost Proposal under Files tab and upload completed document under Requested Information.

j. Payment Terms

Customary terms are Net 30 for work performed. Offerors shall indicate their offered payment terms. Discount for payment in less than 30 days may be considered in the evaluation.

2.8 Costs Incurred in Responding

The County of Ventura will not pay any costs incurred in proposal preparation, presentation, demonstration or negotiation, nor does it commit to procure or contract for any services. All costs of proposal preparation shall be borne by the offeror. It is understood that all proposals, inquiries, and correspondence relating to this RFP and all reports, charts, displays, schedules, exhibits, and other documentation will become the property of the County of Ventura when received by the County and may be considered public information under applicable law.

The County assumes no liability for any costs incurred by offerors throughout the entire selection process.

2.9 Addenda

The County will issue written addenda to make changes, additions, or deletions to this solicitation. Oral communications regarding this RFP will NOT be valid or binding, nor excuse the successful Offeror of any obligations hereunder, unless set forth in writing by the County. Addenda will be sent to all known Offerors.

Offerors must acknowledge and return all Addenda on or before the Proposal Submittal Deadline. It is the responsibility of each Offeror to ensure the County of Ventura has their correct business name and address on file. Any prospective Offeror who obtained a copy of the RFP documents from any other source other than the County is responsible for advising the Procurement division that they have said documents and wish to receive subsequent Addenda.

2.10 Nomenclatures

The terms “Successful Offeror, Successful Contractor, and Contractor” may be used interchangeably in these specifications and shall refer exclusively to the Offeror with whom the (Agency) enters into a contract because of this solicitation.

The terms “Proposal/Solicitation/RFP” refer to all proposal documents and related addenda produced by the County and provided to prospective Offerors.

2.11 Confidential and Proprietary Data

All materials received relative to this RFP will be kept confidential, until such time an award is made or the RFP is canceled, at which time all materials received will be made available to the public. Proposals received will be subject to Government Code §6250, the Public Information Act. Under the Act, the County may be obligated to provide a copy of any and all responses to this Request for Proposal, if such requests are made after the contract is awarded.

One exception, to this required disclosure, is information which fits within the definition of a confidential trade secret [Government Code section 6254(k)] or contains other technical, financial or other data whose public disclosure could cause injury to the proposer’s competitive position. If any proposer believes that information contained in its response to this Request for Proposal should be protected from disclosure, the proposer MUST specifically mark the pages of the response that contains the information.

The County will not honor any attempt by the Offeror to designate its entire proposal as proprietary.

2.12 Commitments, Warranty and Representations

The proposal submitted in response to this RFP will be included as part of the final contract. Offerors are cautioned that if a contract is awarded as a result of this procurement process, any written commitment by an offeror within the scope of this procurement shall be binding upon the offeror whether or not incorporated into a contract document. Failure of the vendor to fulfill any such commitment shall render the offeror liable for liquidated or other damages due the County under the terms of the Contract. For the purpose of this procurement, a commitment by a offeror includes:

• Any modification of, or affirmation or representation as to the above, which is made by an offeror in or during the course of negotiation.

• Any representation by an offeror in a proposal, supporting document, or negotiations subsequent thereto as to services to be performed, regardless of the fact that the duration of such commitment may exceed the duration of the contract.

2.13 Proposal Validation/Evaluation/Award

a. Validation

Proposals will be checked for the information required to conform with this RFP. Absence of required information may be cause for rejection.

b. Evaluation

The successful offeror shall be chosen in accordance with, but not limited to, the following criteria:

1. Proven Performance

The offeror’s background, experience, and stability of their company will be assessed. The evaluation will focus on the Offeror’s record of successful service and support to accounts of comparable size and environment. The ability of the offeror will be evaluated in terms of technical resources, staffing, staff experience and facilities.

Client references will be contacted and their responses will become a part of the award/review process.

2. Emergency Support and Commitment

Emphasis will be placed on the ability of the offeror to service and support the emergency needs of the County.

Offeror’s Business Continuity plan and Offeror’s method for meeting the emergency supply requirements of this RFP in the most efficient manner will be an important consideration.

3. Compliance with Contract Terms and Conditions

The Proposals will be evaluated on the ability to comply with the County’s Contract terms and conditions in Section 4 - Contract Compliance.

4. Requirement/Specifications

The ability to meet the requirements/specifications outlined herein.

5. Cost

The Proposals will be evaluated on the basis of the offeror’s reasonableness of cost.

c. Award

Award will be made to the Offeror offering the most advantageous proposal after considerations of all evaluation criteria set forth herein. The criteria are not listed in any order of preference. An Evaluation Committee will be established by the County. The Committee will evaluate all proposals received in accordance with the evaluation criteria.

The Evaluation Committee may also contact and evaluate the Offeror’s and subcontractor’s references; contact any Offeror to clarify any response;

contact any current users of an Offeror’s services; solicit information from any available source concerning any aspect of a proposal; and seek and review any other information deemed pertinent to the evaluation process.

The County reserves the right to establish weight factors that will be applied to the criteria depending upon order of importance. Weight factors and summary of evaluation scores will not be released until after award of proposal. The County shall not be obligated to accept the lowest priced proposal, but will make an award in the best interests of the County after all factors have been evaluated.

While the County intends to enter a contract for these services, it will not be bound to do so. The County reserves the right to reject any or all proposals.

The County shall be the sole judge of the successful offers hereunder. The County reserves the right to award a contract to other than the offeror submitting the lowest total price and to negotiate with any or all Offerors.

Offerors are advised that it is possible that an award may be made without discussion or any contact concerning the proposals received. Accordingly, proposals should contain the most favorable terms from a price and technical standpoint, which the vendor can submit to the County. DO NOT ASSUME that you will be contacted or afforded an opportunity to clarify, discuss, or revise your proposal.

Award will be by means of a written contract with the successful Offeror. A Notification of Intent to Award may be sent to any Offeror selected. Award is contingent upon the successful negotiation of final contract terms.

Negotiations shall be confidential and not subject to disclosure to competing Offerors unless an agreement is reached. If contract negotiations cannot be concluded successfully, the County may negotiate with the next highest scoring Offeror or withdraw the RFP.

The County Board of Supervisors must approve all contracts resulting from this Request for Proposal if services exceed $200,000.

2.14 Presentations

Offerors may be invited to make oral presentations to County personnel.

2.15 Site Visits

The County reserves the right to schedule site visits to offeror’s facilities or a current operational site in order to assess the capability and ability of the offeror to fulfill the contract.

2.16 Additional information

If during the evaluation process, the County is unable to determine an offeror's ability to perform, the County has the option of requesting any additional information which the County deems necessary to determine the offeror s ability.

The offeror will be notified and permitted five working days to comply with any such request.

2.17 Errors/Defects in Proposals

If discrepancies between sections or other errors are found in a proposal, the County may reject the proposal; however, the County may, at its sole option, correct any arithmetical errors in price.

The County may waive any immaterial deviation or defect in a proposal. The County’s waiver of an immaterial deviation or defect shall in no way modify the RFP documents or excuse the offeror from full compliance with the RFP requirements, if awarded a contract.

2.18 Rejection of Proposals

County reserves the right to reject the proposal of any offeror who:

• previously failed to perform adequately for County or any other governmental agency within the previous twelve (12) months.

• submits false, incomplete, or unresponsive statements in a proposal;

• is in default on the payment of taxes, licenses or other monies due County;

• containing errors or discrepancies.

2.19 Cancellation of RFP

The County reserves the right to cancel this solicitation at any time, prior to the submittal deadline.

2.20 Protest Procedures

To be considered, protests must be made in writing, signed by Offeror’s authorized representative, and delivered to the Ventura County Procurement Services Manager, GSA/Procurement, 800 S. Victoria Ave., Ventura, CA 93009-1080.

The following conditions apply to proposal protest:

a. Before Proposal Submittal Deadline. Protests of specifications, terms, conditions or any other aspects of the solicitation must be made before the

Proposal Submittal Deadline.

b. After Proposal Submittal Deadline.

Protest of award must be made, by Offeror, no later than five (5) calendar days after the notice of intent to award. All protests must include the following information:

1) The name, address, and telephone number of the protestor;

2) The signature of the protestor, or protestor’s authorized representative;

3) The solicitation or contract number; and

4) A detail statement of the legal and/or factual grounds for the protest.

The Procurement Services Manager reserves the right to refuse to hear protestors who have not followed the above procedures.

SECTION 3.0

REQUIREMENTS/SCOPE OF WORK

The requirements described herein are based on the current level of service and are considered reasonable to meet the County s needs. Offeror having alternate proposals to meet these needs, may, after responding to the minimum requirements hereunder, offer alternate service levels for consideration by the County.

3.1 Scope of Work

Vendor shall provide all fuel, transportation, labor, equipment and incidentals associated with the provision of fuel to participating agencies.

In narrative format, provide a brief statement of work.

3.2 Term

The contract will be in effect for a period of three (3) years, with the option to renew for one year periods, with the mutual consent of both parties, for a period of up to two (2) years in accordance with the specifications and general terms and conditions of any contract which may be awarded as the result of the Request for Proposal.

Continuation of the contract is subject to the appropriation of funds for such purpose by the Board of Supervisors. If funds to effect such continued payment are not appropriated, County may terminate this project as thereby affected and Contractor will relieve the County of any further obligation therefore.

3.3 DELIVERIES

Deliveries shall be made as requested by ordering Agency/department. The Contractor shall make deliveries, or provide delivery of fuel, only upon receipt of orders issued by the Purchasing Agent or duly authorized representatives. Deliveries should be made no later than 36 hours from time of order, unless specifically requested by the ordering agency/department, or under emergency situations.

Current delivery sites are shown in Exhibit A. The County reserves the right to add or delete delivery sites as needed during the course of the contract.

Deliveries shall be made by owned or contract motor carriers. Carriage vehicles shall be fully equipped; it is the responsibility of the successful Offeror to supply pumps, hoses or whatever is needed to appropriately pump the fuel being delivered. Hoses and all coupler fittings shall be tight when in use. Product that leaks from hoses or coupler connections shall be cleaned up and removed by Contractor, including product in spill containers.

Provide the response time commitment proposed by your firm for standard and rush deliveries. Indicate your definition for a rush delivery and any associated charges. Lastly, identify delivery means, i.e. own trucks/trailers or subcontractors).

3.4 Pricing

The index for adjusting the prices shall be the Thursday Unbranded OPIS LA

Early Day Unleaded / Diesel average price for all refineries listed in Los Angeles

(PAD 4/5) for diesel No. 2, and regular and midgrade unleaded gasoline. The price established by the Thursday OPIS will be valid from Monday to Sunday of the following week.

The OPIS price shall be adjusted in accordance with the plus/minus cents per gallon as a response hereunder.

This adjustment shall be firm for the life of any resultant agreement(s) to this

RFP and shall not be subject to change. If the OPIS price is not reported for any day, the most recent price previously reported shall be utilized as the base price. If the marketing publication is canceled, or modified, the County reserves the right to re-establish the pricing mechanism or cancel all or part of the contract. The price for “delivery charge” quoted shall be firm for the initial period of the contract. Freight should be invoiced as a separate line item.

In the event of any extension of this contract beyond the initial period, the

County reserves the right to either accept or reject any price adjustments, to the quoted delivery charges, submitted in writing at least 60 (sixty) days prior to the end of the current contract period as part of the County’s consideration for the contract extension.

Requests for adjustments in the delivery fee must include supporting, verifiable, documentation of "delivery charge rate” increases.

If the vendor is unable to produce satisfactory evidence of price increases, the agreement prices will remain unchanged and the vendor is obligated to furnish the requirements at the previously documented price.

For the purpose of scoring price proposals all offers shall be based on the

Thursday Unbranded OPIS LA Early Day Unleaded / Diesel Average price for

Los Angeles (PAD 4/5) on May 14, 2026 plus the quoted delivery charge.

The successful offeror shall provide the County with 2 (two) subscriptions to

OPIS Newsletter, price information publication for the Los Angeles Pad 4/5 refineries. Subscription shall remain in effect during the entire term of the contract. Subscription should be mailed at:

County of Ventura

Procurement Services

Hall of Administration/Lower Plaza

800 S. Victoria Avenue

Ventura, Ca 93009-1080

Indicate acceptance or modification.

3.5 Business Continuity Plan

In the event of a natural, or man-made, disaster operations for the County and the vendor may be impacted.

Please describe your company’s Business Continuity Plan. Explain how your company has prepared to continue operations, and service/product delivery, in the event of an unforeseen emergency. Also, explain how your company will provide assistance to the County should County operations be impacted by an unforeseen emergency.

In addition to the requirements above, Offeror shall provide the following information related to emergency fuel delivery and disaster response capabilities:

a. Alternate Fuel Supply Locations Offeror shall provide a map identifying fuel terminals, depots, or other supply sources available outside of San Diego, Riverside, San Bernardino, Los Angeles, Ventura, and Santa Barbara Counties that may be utilized in the event of a regional disruption, including but not limited to earthquakes or other large-scale disasters. Offeror shall describe how fuel would be sourced, transported, and delivered under such conditions.

b. Emergency Contact Escalation Offeror shall provide a minimum of three (3) emergency contacts, including primary, secondary, and tertiary points of contact, available to coordinate emergency fuel requests on a twenty-four (24) hour per day, seven (7) day per week basis, including weekends and holidays. Contact information shall include direct phone numbers, mobile numbers, and email addresses.

c. Emergency Communications Capability

Offeror shall describe redundant communication methods available in the event of disruptions to standard cellular, internet, or landline communications. This may include satellite communications, radio systems, mobile command communications, or equivalent technologies.

Offeror shall describe how such systems would be implemented during an emergency.

d. Emergency Mobile Fueling Response

Offeror shall describe its capability to deploy fuel trucks, pumps, hoses, generators, or other equipment necessary to provide mobile fueling support for County and emergency response vehicles during major incidents. Offeror shall identify typical response times for emergency deployment and any operational limitations.

e. Contact Verification

Offeror shall verify that emergency contact information remains current throughout the term of the contract and shall notify the County within five

(5) business days of any changes.

3.6 Permits

Unless otherwise provided herein, Contractor shall at his expense, obtain all permits and licenses and pay all charges and fees necessary for the performance of the contract, and shall give all public notices necessary for the lawful performance of the contract.

The successful vendor(s) will possess and keep in effect for the duration of the

Contract, any licenses, and permits necessary to perform the contracted services. The vendor shall be licensed to do business in the State of California.

Indicate your acceptance or modification.

3.7 F.O.B.

All deliveries shall be F.O.B. Destination.

3.8 Temperature Correction

Contractor shall correct or adjust gasoline and diesel deliveries so as to be stated, billed, and paid for on the basis of such gasoline and diesel fuel at sixty degrees temperature, using methods that are accepted as being in general use for this method of adjusting volumetric quantities to temperature conditions. Such corrections shall apply to truck/trailer deliveries.

3.9 Safety Data Sheet

In compliance with Title 8 of the California Code of Regulations (OSHA), the

City requires two copies of the U.S. Department of Labor - Material Safety

Data Sheet for item(s) purchased. The material safety data sheet shall be submitted to the using department at time of delivery. The Material Safety

Data Sheet(s) should not be submitted with the RFP.

Indicate compliance or give alternate/modification.

3.10 Source Guarantee

Offerors who do not own refineries shall have contracts or written irrevocable commitments to contract with refiners which are capable of supplying products which meet fuel specifications in the quantities listed herein.

Contracts or commitments must guarantee supply in the required amounts for the term of any contract resulting from this RFP. Failure to include source guarantee documentation may void response if the County has no prior experience with the offeror.

Provide documentation of irrevocable commitments.

3.11 Fuel Specifications

All gasoline and diesel delivered under this contract shall meet the latest requirements of the California Air Resources Board (CARB), Federal and local governments as well as fuel industries laws, codes, requirements, standards and guidelines currently in force and any of those put in force during this contract. Particular attention shall be paid to the American Society of Testing and Materials (ASTM) laws, regulations and standards.

3.12 Record Keeping

Contractor shall maintain records of the County’s purchases and make them available for audit or inspection. Contractor shall record the quantities, cost, delivery locations, and taxes for each delivery. Contractor shall provide the

County with a copy of such records within ten (10) business days of the

County’s request.

3.13 Taxes

The County is exempt from Federal excise taxes and no payment shall be made for any personal property taxes levied on the Contractor or on any taxes levied on employee wages.

The County will only pay for any State or local sales or use taxes on the products to the County pursuant to this contract.

3.14 Invoicing

Invoices will be sent in three (3) copies to the mailing address indicated on the Purchase Order. Payment terms are Net 30 days. The County does not pay interest on late payments. Early payment discounts will be considered in contract award.

Invoices should be itemized as follows:

• OPIS Price

• Differential

• All taxes and fees

• Freight Charges

• Discounts

3.15 Non-Assignability

Contractor will not assign this Contract or any portion thereof, to a third party without the prior written consent of County, and any attempted assignment without such prior written consent will be null and void and will be cause, at

County's sole and absolute discretion, for immediate termination of this

Contract.

Indicate your acceptance or modification.

3.16 Non-Collusion

If there is reason to believe that collusion exists among the Offerors, the County may refuse to consider proposals from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one proposal for the same work unless alternate proposals are called for. A person, firm or corporation that has submitted a sub-proposal to an Offeror, or who has quoted prices on materials to an Offeror, is not thereby disqualified from submitting a sub-proposal or quoting prices to other Offerors.

Offerors shall submit with their proposal an executed Non-Collusion Affidavit –

ATTACHMENT A.

3.17 Exclusivity

The County is under no obligation to request, utilize or employ any certain extent or number of services, nor is the County restricted, by reason of this contract, from employing personnel for County’s incidental needs by contracting with other contractors/suppliers.

3.18 Piggyback Agreement

Offeror may indicate on his Proposal Form that he will extend all prices, terms, and conditions of his proposal to any other public agency. Offeror’s agreement or failure to agree to the “piggyback” agreement will not be a factor in award of proposal. All piggyback agreement with other agencies will be separate from and unrelated to any entered into hereunder by the County and the Successful Offeror(s). The County will incur no responsibility, financial or otherwise, for contracts made by the Successful Offeror(s) and other public agencies.

3.19 Federal Contract Requirements

i. Remedies.

(1) Standard. Contracts for more than the simplified acquisition threshold must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. See 2 C.F.R. Part 200, Appendix II, ¶ A.

(2) Applicability. This requirement applies to all FEMA financial assistance programs in excess of $150,000, which is the current simplified acquisition threshold.

ii. Termination for Cause and Convenience.

(1) All contracts in excess of $10,000 must address termination for cause and for convenience by the NFE including the manner by which it will be effected and the basis for settlement. See 2 C.F.R. Part 200, Appendix II, ¶ B.

(2) Applicability. This requirement applies to all FEMA grant and cooperative agreement programs, in excess of $10,000.

iii. Equal Employment Opportunity.

(1) Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of “Federally assisted construction contract” in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60-1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C.

(2) Key Definitions.

a. Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60-

1.3 defines a “Federally assisted construction contract” as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work.

b. Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines “construction work” as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction.

(3) Applicability. This requirement applies to all FEMA financial assistance programs.

iv. Davis Bacon Act and Copeland Anti-Kickback Act.

(1) Applicability of Davis-Bacon Act and Copeland-Anti-Kickback Act.

The Davis-Bacon and Copeland-Anti-Kickback Acts only apply to the Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program. These Acts do not apply to other FEMA grant and cooperative agreement programs, such as FEMA’s Public Assistance Grant Program.

However, if the NFE’s own procurement standards include equivalents to, or adopt the Davis-Bacon and Copeland-Anti-Kickback Acts, under those circumstances, they should be applied by the NFE.

(2) All prime construction contracts in excess of $2,000 awarded by NFEs must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction)). See 2 C.F.R. Part 200, Appendix II, ¶ D.

(3) In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.

In addition, contractors must be required to pay wages not less than once a week.

(4) The NFE must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The NFE must report all suspected or reported violations to the Federal awarding agency.

(5) In contracts subject to the Davis-Bacon Act, the contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). The Copeland Anti-Kickback Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The NFE must report all suspected or reported violations to FEMA.

v. Contract Work Hours and Safety Standards Act.

(1) Where applicable (see 40 U.S.C. § 3701), all contracts awarded by the NFE in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part

5. See 2 C.F.R. Part 200, Appendix II, ¶ E.

(2) Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.

(3) The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of property or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

(4) Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.

vi. Rights to Inventions Made Under a Contract or Agreement.

(1) If the FEMA award meets the definition of a “funding agreement” under 37 C.F.R. § 401.2(a) and the NFE wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the NFE must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by FEMA. See 2 C.F.R. Part 200, Appendix II, ¶ F.

(2) The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government.

(emphasis added) This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.

(3) Applicability. This requirement does not apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of “funding agreement.”

vii. Clean Air Act and the Federal Water Pollution Control Act.

(1) Contracts for amounts in excess of $150,000 must contain a provision that requires the contractor to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). Violations must be reported to FEMA and the Regional Office of the Environmental Protection Agency. See 2 C.F.R. Part 200, Appendix II, ¶ G.

(2) Applicability. This requirement applies to all FEMA financial assistance programs, in excess of $150,000.

viii. Debarment and Suspension.

(1) NFEs and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension

(1989) at 2 C.F.R. Part 180 and the Department of Homeland Security’s regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and Suspension). These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II, ¶ I; and Chapter IV, ¶ 6.d and Appendix C, ¶ 2.

(2) A contract award must not be made to parties listed on the SAM Exclusions list. SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530; Chapter IV, ¶ 6.d and Appendix C, ¶ 2.

(3) Applicability. This requirement applies to all FEMA financial assistance programs.

ix. Byrd Anti-Lobbying Amendment.

(1) Contractors that apply or bid for an award of $100,000 or more must file the required certification. See 2 C.F.R. Part 200, Appendix II, ¶ J;

44 C.F.R. Part 18; Chapter IV, ¶ 6.c; Appendix C, ¶ 4.

(2) Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. See Chapter IV, ¶ 6.c and Appendix C, ¶ 4.

(3) Applicability. This requirement applies to all FEMA financial assistance programs where contractors apply or bid for an award of $100,000 or more.

x. Procurement of Recovered Materials.

(1) A NFE that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the http://www.sam.gov/

Resource Conservation and Recovery Act at 42 U.S.C. § 6962). See 2 C.F.R. Part 200, Appendix II, ¶ K; 2 C.F.R. § 200.322; Chapter V, ¶ 7.

(2) The requirements of Section 6002 include procuring only items designated in guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative…