Alternative_Renewable_Diesel_(Addendum_#2_Revision).pdf

County of Orange, OC Waste & Recycling

Invitation for Bid for Alternative Renewable Diesel IFB # IFB-299-2930403-CS

For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/ocgov

COUNTY OF ORANGE

OC Waste & Recycling

PROCUREMENT SERVICES

601 N Ross St

Santa Ana, CA

92701

Date: Tuesday, September 9, 2025

INVITATION FOR BIDS

FOR: ALTERNATIVE RENEWABLE DIESEL

BID MUST BE RECEIVED BEFORE:

September 24, 2025 / 1:00 pm

IFB # IFB-299-2930403-CS

Procurement Services Regular Office Hours:

8:00 AM to 5:00 PM

Monday through Friday

The office is closed between 12:00 PM and 1:00 PM

Table Of Contents

1. General Information

2. General Instructions

3. Protest Procedures

4. Scope of Work

5. OCLSB and DVBE Preference Policies Certification Requirements

6. Electronic Fund Transfer (EFT)

7. Pricing

8. Vendor Responses

Attachments:

C - REVISED IFB-299-2930403-CS Model Contract

SECTION 1. General Information

1.1 IMPORTANT NOTICE

The County has attempted to provide all information available. It is the responsibility of each Bidder to review, evaluate, and, where necessary, request any clarification prior to submission of a bid. If any person contemplating submitting a bid in response to this IFB is in doubt as to the true meaning of any part of the solicitation documents attached hereto or finds discrepancies in or omissions from the specifications, they must submit a written request for clarification/interpretation to the County Deputy Procurement Agent

(DPA), Xiaolu (Cheri) Shi, via the County’s online biding system.

1.2 CLARIFICATION/INTERPRETATION

If clarification or interpretation of this solicitation is considered necessary by County, a written addendum shall be issued and the information will be posted on County’s online bid system. Any interpretation of, or correction to, this solicitation will be made only by addendum issued by the County DPA. All addenda will be submitted and posted on the County’s online bidding system. It is the responsibility of each Bidder to periodically check the County’s online biding system to ensure that they have received and reviewed any and all addenda to this solicitation. The County will not be responsible for any other explanations, corrections to, or interpretations of the documents, including any oral information.

All questions or requests for interpretation must be received by Tuesday, September 16, 2025 before

1:00 pm.

1.3 COMMUNICATION

Bidders are not to contact other County personnel with any questions or clarifications concerning this

Invitation for Bid (IFB). All questions regarding this solicitation must be submitted via the Question &

Answer section of this solicitation within the County’s eProcurement Portal at:

https://procurement.opengov.com/portal/ocgov. Any County response relevant to this IFB other than through or approved by County is unauthorized and will be considered invalid.

County of Orange IFB

OC Waste & Recycling - Alternative Renewable Diesel, IFB-299-2930403-CS

County's Deputy Procurement Agent, Xiaolu (Cheri) Shi, cheri.shi@ocwr.ocgov.com, will provide all official communication concerning this IFB.

1.4 BID VALIDITY

Bids will be valid for a period of 365 days after IFB closing date.

1.5 LOBBYISTS

County of Orange does not require and neither encourages or discourages the use of lobbyists or other consultants for the purpose of securing business.

ORANGE COUNTY BOARD OF SUPERVISORS

AND COUNTY AGENCY OFFICERS

Board of Supervisors

Janet Nguyen, First District Vicente Sarmiento, Second District

Donald P. Wagner, Chairman, Third District Doug Chaffee, Vice Chairman, Fourth District

Katrina Foley, Fifth District

County Agency Officers

Claude Parrish, Assessor Hugh Nguyen, Clerk-Recorder

Todd Spitzer, District Attorney-Public Administrator Don Barnes, Sheriff-Coroner

Shari L. Freidenrich, Treasurer-Tax Collector Andrew Hamilton, Auditor-Controller

SECTION 2. General Instructions

2.1 REVIEW

Before submitting a bid, Bidders shall carefully review the General Instructions and examine the solicitation contents, including the Model Contract Terms, Conditions and Scope of Work. Bidders shall include in their bid response a monetary sum to cover the cost of all items included in the Contract. The Model

Contract contained in this solicitation is the Contract proposed for execution. Upon award, awarded Bidder will be required to sign and submit Contract for execution.

2.2 RESPONSIVENESS

Responsive bids shall include completed submittals/attachments provided in the Vendor Responses.

2.3 BID SUBMISSION

Electronic Bids shall be submitted via the County’s online bidding system via the following link https://procurement.opengov.com/portal/ocgov. All required sections of the IFB as listed above, must be submitted via the County’s eProurement Portal. Bidder is solely responsible for “on time” submission of their electronic bid. The County will not accept late bids and no exceptions shall be made. County will only receive those bids that were transmitted successfully.

Note: Electronic Bids cannot be viewed by County until after the solicitation deadline. If you encounter any problems with your registration, system, bid submission, or other system issues, please contact OpenGov’s support staff via the live chat option or via email at procurement-support@opengov.com.

2.4 AWARD

Upon recommendation of Contract award, Bidder will be required to submit the following documents within seven (7) days of County notification, unless otherwise specified in the solicitation:

A. Insurance: Certificate(s) of Insurance, including additional Insured Endorsement(s); refer to Model

Contract, Article-Insurance

B. W-9 Form: Current signed W-9 (Taxpayer ID No & Certification), which includes Contractor’s

Legal Business Name(s). Out of State Vendors are required to submit a 587/590 Form.

2.5 PRICING

A. Bid Prices: The bid prices quoted on this solicitation shall be firm for the entire contract term of the awarded Contract.

B. Addenda: Bid prices offered shall reflect all addenda issued by County.

C. Scope of Work: Bids shall be submitted only for the items and/or services as stated in the Scope of Work, Attachment A of Model Contract; bids for other than the items and/or services listed will not be considered.

D. Firm Prices: The County will only consider firm price bids.

E. Profit: The net amount of profit will remain firm for the entire term of the Contract. Contract adjustments which increase Contractor’s profit will not be allowed.

F. Price Decreases: All price/rate decreases will automatically be extended to the County. Please reference Paragraph – Price Increase/Decrease provision for additional information.

G. Acceptance: Bids must be provided for each item separately, “all-or-none” bids will not be accepted unless in the best interest of the County.

2.6 SUBSTITUTIONS

Bids offering equivalent items meeting the standards of quality specified in the solicitation may be considered, unless otherwise specified, providing the bid clearly describes the article offered and how it differs from the specified brand. Unless Bidder specifies otherwise, it is understood that the Bidder is offering the brand item as specified in the solicitation. If Bidder bids an “equal,” Bidder must state the brand name and must submit complete specifications and/or provide samples with the bid. Determination of equality shall be at the sole discretion of the County. If it has been justified and accepted by the requesting agency/department and/or a County standards committee that only one brand can meet the

County’s requirements, “no exceptions” shall be noted in the specifications. All requests for substitutions must be submitted within the Question and Answer period and upon approval by the County, the bidder shall include the approved substitution in the Pricing table for the item(s).

mailto:procurement-support@opengov.com

2.7 DISCREPANCIES

Bidder shall take all responsibility for any errors or omissions in their bids. Any discrepancies in numbers or calculations shall be interpreted to reflect the lowest price to the County.

If prior to contract award, a Bidder discovers a mistake in their bid which renders the Bidder unwilling to perform under any resulting contract, the Bidder must immediately notify the buyer and request to withdraw the bid. It shall be solely within the County's discretion as to whether withdrawal will be permitted. If the solicitation contemplated evaluation and award of "all or none" of the items, then any withdrawal must be for the entire bid. If the solicitation provided for evaluation and award on a line item or combination of items basis, the County may consider permitting withdrawal of specific line item(s) or combination of items.

2.8 BID EXPENSES

The County shall not be liable for any expenses incurred by potential Contractors in the preparation or submission of their bids. Pre-contractual expenses are not to be included in the Contractor’s Pricing Sheet.

Pre-contractual expenses are defined as, including but not limited to, expenses incurred by Bidder in:

A. Preparing its bid in response to this IFB.

B. Submitting that bid to the County.

C. Negotiating with the County any matter related to the bid; and, D. Any other expenses incurred by the Bidder prior to the date of the award and execution, if any, of the Contract.

2.9 ACCEPTANCE/REJECTION/AWARD

A. Bids submitted in response to this IFB may become subject to public disclosure under the California

Public Records Act, and other applicable law. The County shall not be liable in any way for disclosure of any such records. Additionally, all bids shall become the property of the County.

B. The lowest responsive, responsible Bidder will be recommended for contract award.

C. Bids will be reviewed by the County for responsiveness to all requirements. The County has the right to reject any bid deemed unresponsive or lacking the resources or experience to adequately perform the services described herein.

D. Only those responsible, responsive bids meeting all solicitation requirements and specifications shall be further reviewed for consideration for award. Award shall be based on the lowest, responsive, responsible bid.

E. Please take notice, non-acceptance of the County of Orange terms and conditions, incorporated in model contract, may deem a bid non-responsive. County may not accept any other terms, conditions, or provisions contrary to those contained within this solicitation.

F. Final award determination shall be based upon the lowest responsive, responsible bid, and may also include a review of Bidder’s ability to meet the requirements and perform the services specified in this solicitation; Bidder’s references and past performance; and Bidder’s acceptance of County of

Orange terms and conditions.

G. By submitting a response to this solicitation, Bidders agree to accept the decision of the County

DPA as final.

H. Awarded Bidder will be required to sign a contract upon award. If Bidder is a corporation, signature will be provided in accordance with the corporation’s code as specified in this solicitation.

2.10 RIGHTS RESERVED TO COUNTY

The County reserves the right to:

A. Request a sample for determining equality with the specified brand.

B. Waive, at its discretion, any non-material defects, irregularity, or informality, which County deems correctable or otherwise not warranting rejection of the bid that do not result in any unfair competitive advantage.

C. Verify and validate any information prior to Contract Award and during the entire term of the

Contract.

D. Make multiple awards to Bidders for services requested in this solicitation, at its sole discretion, to serve the best interests of the County

E. Accept or reject in whole or in part any or all bids received as a result of this solicitation at its sole discretion and to solicit for new bids, as the best interest of the County may require.

F. Negotiate the final Contract with the lowest, responsive and responsible Bidder or Bidders as necessary to serve the best interests of the County.

G. Withdraw or cancel in part or in its entirety this solicitation at any time without prior notice and furthermore makes no representation that any contract will be awarded to any Bidder responding to this solicitation.

H. Award its total requirements to one Bidder or to apportion those requirements among two or more

Bidders as the County may deem to be in its best interests; therefore, bids must be provided for each item separately; “all-or-none” bids will not be accepted unless in the best interest of the

County.

I. Defer award of this Contract for a period of 90 days after the Bid opening. During this period of time, Bidders shall guarantee the prices quoted in their Bids. County and the lowest responsive, responsible Bidder may mutually agree in writing to a longer deferral period.

2.11 JOINT BIDS

Where two or more Bidders desire to submit a single bid in response to a solicitation, they must do so on a prime/subcontractor basis rather than as a joint venture. The County intends to contract with a single firm or multiple firms, but not with multiple firms doing business as a joint venture.

2.12 UNFAIR PRACTICES AND OTHER LAWS

Bidder warrants that its bid complies with the Unfair Practices Act (Business and Professions Code Section

17000 et seq.) and all applicable County, State and Federal laws and regulations.

2.13 INDEPENDENCE OF BID

By submitting a bid, Bidder swears under penalty of perjury that it did not conspire with any other supplier to set prices in violation of anti-trust laws.

2.14 AMERICANS WITH DISABILITY ACT (ADA)

To comply with the non-discrimination requirements of the ADA, it is the policy of the County to make every effort to ensure that its programs, activities and services are available to all persons, including persons with disabilities. For persons with a disability needing a reasonable modification to participate in the procurement process, or for persons having questions regarding reasonable modifications for the procurement process, you must contact the buyer listed in the solicitation.

2.15 DUNS NUMBER

The County requires a valid D-U-N-S number prior to Contract Award. If needed, your company may obtain one at no cost at www.dnb.com. If you are unable to provide/obtain a D-U-N-S number, please indicate so in your bid submission response.

2.16 UNIQUE ENTITY IDENTIFIER NUMBER (UEI)

The County requires a valid UEI number prior to Contract Award. If needed, your company may obtain one at no cost at www.usfcr.com. If you are unable to provide/obtain a UEI number, please indicate so in your bid submission response.

SECTION 3. Protest Procedures

All protests shall be typed under the protestor’s letterhead and submitted in accordance with the provisions stated herein. All protests shall include at a minimum the following information:

A. The name, address, and telephone number of the protestor.

B. The signature of the protestor or the protestor’s representative.

C. The solicitation or contract number.

D. A detailed statement of the legal and/or factual grounds for the protest; and, E. The form of relief requested.

Protest of Solicitation Specifications:

A. All protests related to solicitation specifications must be submitted to the Deputy Procurement

Agent, Xiaolu (Cheri) Shi at cheri.shi@ocwr.ocgov.com, no later than five (5) business days prior to the Closing Date of the solicitation. Protests received after the five (5) business-day deadline will not be considered by the County.

1. In the event the protest of specifications is denied, and the protestor wishes to continue in the solicitation process, the protestor must still submit a bid/proposal prior to the close of the solicitation in accordance with the solicitation submittal procedures provided in this solicitation.

Protest of Award of Contract:

A. All protests related to the award of a contract, the protest must be submitted no later than five (5) business days after the Notice of Intent to Award is provided by the DPA.

B. Protests relating to a proposed contract award received after the five (5) business day deadline will not be considered by the County.

Protest Process

A. In the event of a timely protest, the County shall not proceed with the solicitation or award of the contract until the DPA issues a decision on the protest.

B. Upon receipt of a timely protest, the DPA will, within ten (10) business days of receipt of the protest, issue a decision in writing which shall state the reasons for the actions taken.

C. The County may, after providing written justification, make the determination that an immediate award of the contract is necessary to protect the substantial interests of the County. The award of a contract shall in no way compromise the protester’s right to the protest procedures outlined herein.

D. If the protestor disagrees with the decision of the DPA, the protestor may submit a written appeal to the County Procurement Officer requesting an appeal to the Procurement Appeals Board, in accordance with the process stated below.

Appeal Process

A. If the protestor wishes to appeal the decision of the DPA, the protestor must submit, within three

(3) business days from receipt of the DPA’s decision, a written appeal to the Office of the County

Procurement Officer.

Written appeals must be sent by mail to the address below with a courtesy copy by email;

County of Orange/County Executive Office

County Procurement Office

400 W. Civic Center Drive, 5th Floor

Santa Ana, CA 92701

Attn: County Procurement Officer

CPOAppeals@ceo.oc.gov

B. Within fifteen (15) business days, the County Procurement Officer will review all materials in connection with the appeal, assess the merits of the protest and provide a written determination that shall contain his or her decision on whether the appeal shall be forwarded to the Procurement

Appeals Board.

C. The decision of the County Procurement Officer on whether to allow the appeal to go forward will be final and there shall be no right to any administrative appeals of this decision.

SECTION 4. Scope of Work mailto:CPOAppeals@ocgov.com

4.1 SCOPE OF WORK

Contractor shall provide Alternative Renewable Diesel per the specifications in Attachment B to OC Waste

& Recycling’s (OCWR) three (3) active landfills upon request on an as-needed basis.

Contract Requirements

A. Contractor shall possess all Federal, State and Local permits, licenses and approvals necessary to provide goods/services required in the Scope of Work. Any associated fees shall be the responsibility of the Contractor.

B. Contractor shall provide all transitional interfacing and continual uninterrupted services at Contract date.

C. Contractor shall provide current, applicable, and required Safety Data Sheet (SDS) as requested by

County.

D. Contractor shall be held liable for any damage or criminal /civil citations which may occur as a result of any spills and/or accidents.

E. Contractor shall perform all deliveries and practice in a safe and professional manner, adhering to all required Federal, State & Local regulations for the handling and supply of Alternative

Renewable Diesel.

F. Alternative Renewable Diesel must meet current fuel industry laws of Federal, State & local codes, requirements, standards and guidelines, including South Coast Air Quality Management District

(SCAQMD); American Society of Testing and Materials (ASTM) laws; Department of

Transportation (DOT); Air Resources Board (ARB) regulations, Reid Vapor Pressure (RVP) requirements & regulations for the handling and supply of Alternative Renewable Diesel.

G. Contractor’s delivery trucks must comply with the California Air Resources Board approved/certified Phase II Vapor Recovery Equipment Requirements. Proof of compliance shall be provided to the County upon request.

H. All drivers / delivery personnel shall be HAZMAT trained and certified in safety measures to prevent accidents endangering County personnel and property. Hazardous Materials shall be clearly marked with the proper shipping name and identification number as required by the Department of

Transportation.

I. Contractor Personnel-Identification: The Contractor warrants that all persons employed to provide service under this Contract have satisfactory past work records indicating their ability to adequately perform the work under this Contract.

All Contractor’s employees shall be required to wear uniforms, badges or other means of identification which are to be furnished by Contractor and must be worn at all times while working on County property.

J. Spillage: The County requires “zero leakage” standard for fuel transfer operations. Contractor shall provide necessary equipment and proper training of delivery personnel to prevent spillage or minimize the chance of spillage during connection and disconnection of hoses and during the transfer of fuel. Contractor will likewise ensure that all equipment, tools and procedures used are in compliance with all applicable specification and regulations governing such operations.

In the event of leakage or spillage, it shall be the responsibility of Contractor to perform immediate containment, clean up, disposal and restoration activities as necessary in accordance with applicable State of California laws and regulations and subject to County’s satisfaction. All material associated with such clean up shall be used and removed by Contractor at Contractor’s expense.

K. Contractor shall provide, a 24-hour, toll free customer support telephone number and services for responding to emergency situations.

L. Contractor shall be responsible for freight/delivery charges not provided for in this Contract.

M. Contractor shall correct or adjust Alternative Renewable Diesel deliveries so as to be stated, billed, and paid for on the basis of Alternative Renewable Diesel at a temperature of 60 degrees Fahrenheit, using standard acceptable of adjusting volumetric quantities to temperature conditions, based on refinery bill of lading.

N. County will order Alternative Renewable Diesel on an as-needed basis. Usage is not guaranteed.

O. Contractor shall perform full delivery of fuel within 48 hours after receipt of sites’ order, unless otherwise agreed upon by County. Additionally, Contractor must commit to delivery as requested, at time stated on accepted orders.

P. Contractor shall provide a delivery metered ticket for each delivery of fuel; and the metered ticket must be signed and dated and provided to the ordering site at delivery.

Q. Delivery truck driver shall stick each tank with a fuel tank gauge stick prior to offloading to insure adequate fuel storage is available to accept the entire shipment without spillage. Readings shall be taken by the driver prior to unloading fuel and after unloading fuel and shall be recorded on the delivery receipts.

R. Each Delivery truck must be equipped with a stick. Driver shall sign the delivery ticket at the time and place of delivery. One copy of each delivery ticket is to be given to the site.

S. Contractor is NOT responsible for monitoring fuel levels.

T. Contractor shall adhere to each landfill facility/location set delivery hours as noted below.

U. Usage Report: The Contractor shall submit usage reports as requested by County within 14 days of such request. The usage report shall include all information requested by County, in a format specified by County.

Delivery Locations and Information:

CENTRAL NORTH SOUTH

Frank R. Bowerman Landfill

11002 Bee Canyon Access Road

Irvine, CA 92602

20,000 Gal, Above-Ground Tank

Delivery Hours:

7 AM – 4 PM (Mon-Sat)

Raymundo Aguirre (949) 262-2425

Isaac Novella – (949) 551-7106

Nathan Waites – (949) 551-7103

Olinda Alpha Landfill

1942 N. Valencia Ave.

Brea, CA 92823

10,000 Gal; Above-Ground Tank

7 AM – 4 PM (Mon-Sat)

Jim Markham – (714) 986-2671

Or (714) 279-8085

Nikil Patel – (714) 986-2390

Prima Deshecha Landfill

32250 Avenida La Pata

San Juan Capistrano, CA 92675

11,000 Gal; Above-Ground Tank

6 AM – 4 PM (Mon-Sat)

William Flores – (949) 728-3044

Jason Morton – (949) 728-3052

Jose Gamboa – (949) 728-3050

OCWR is moving to Alternative Renewable Diesel for its Heavy Equipment Fleet located at its three active landfills. Alternative Renewable Diesel shall meet or exceed all specification requirements.

Specifications

Alternative Renewable Diesel

• Manufacturer: Neste

• Product: Neste MY Renewable Diesel

• Shall not contain biodiesel. Blends are not acceptable.

• Meets ASTM D975 Standards

• Meets the latest requirements of the California Air Resources Board (CARB) Phase 2

• Red Dye Included

• Drop-In fuel that can be mixed directly with existing diesel, both in the storage tank onsite and in the Heavy Equipment’s fuel tank

• Approved by Caterpillar to be used in Caterpillar engines

• Recorded data showing the benefits of the Alternative Renewable Diesel use in engines

SECTION 5. OCLSB and DVBE Preference Policies Certification Requirements

County of Orange Local Small Business (OCLSB) Preference and Disabled Veteran Business

Enterprise (DVBE) Preference Policies Certification Requirements

5.1 OCLSB:

Effective January 1, 2020, County of Orange Board of Supervisors adopted the OCLSB Preference policy. Implementation of the OCLSB Preference policy supports local businesses, the local economy and the development of the County’s tax base.

To be certified as a Local Small Business by the County of Orange, a business shall meet (1) and (2) below:

A. Local Business Requirements:

1. maintains their principal center of operations (i.e. headquarters) within Orange County, and:

2. has:

a. a business address located in the County of Orange that is not a post office box, or

b. a valid business license or certificate of occupancy issued by the County of Orange or by an Orange County city, or other documentation acceptable to the County of Orange.

B. Small Business Requirements:

1. Must be certified as a Small Business by the State of California Department of General

Services (DGS): and, C. Above requirements must be valid at the time of bid/proposal submittal.

5.2 DVBE:

Effective January 1, 2021, County of Orange Board of Supervisors adopted the DVBE Preference policy.

The DVBE Preference policy supports local business opportunity, economy and the development of

County’s tax base, and in addition recognizes the service and sacrifice given by the men and women of our Armed Forces.

To be certified as a Disabled Veteran Business Enterprise by the County of Orange, a business shall meet

(A) and (B) below:

A. Must be certified as a DVBE by the State of California Department of General Services (DGS);

and, B. DGS DVBE requirements must be valid at the time of bid/proposal submittal.

To participate as an OCLSB and/or DVBE please read and follow the process outlined in COUNTY OF

ORANGE LOCAL SMALL BUSINESS (OCLSB) AND DISABLED VETERAN BUSINESS

ENTERPRISE (DVBE) CERTIFICATION REQUIREMENTS in the VENDOR RESPONSES.

*NOTE: DVBE PREFERENCE IS NOT APPLICABLE TO PUBLIC WORKS OR A-E

CONSTRUCTION PROJECTS.

5.3 OCLSB/DVBE CERTIFICATION REQUIREMENTS:

County Of Orange Local Small Business (OCLSB) Preference And Disabled Veteran Business

Enterprise (DVBE) Certification Requirements

A. To participate as an OCLSB and/or DVBE the following requirements must be met:

1. Must be certified with State of California the Department of General Services (DGS) as a

Small Business. - https://caleprocure.ca.gov/pages/sbdvbe-index.aspx

2. Must be certified with DGS as a DVBE. - https://caleprocure.ca.gov/pages/sbdvbe-index.aspx

3. maintains their principal center of operations (i.e. headquarters) within Orange County.

4. Certification must be valid at the date/time solicitation is closed, and it shall remain in effect at the time of contract award. County reserves the right to verify and/or reject incomplete documents.

5. Complete and sign the Affirmation form attached herein. The signed Affirmation form and the OCLSB Certification are required and must be returned with the solicitation response.

B. OCLSB or DVBE Preference provides for the following:

1. Invitation for Bid – IFB

A five percent (5%) deduction in the original bid price shall be applied to all confirmed

OCLSB or DVBE bidders for evaluation purposes. If the lowest bidder is a certified OCLSB or DVBE bidder, the contract will be awarded at the certified OCLSB or DVBE’s original bid price. The maximum allowable preference deduction is $100,000.

2. Request for Proposal - RFP

An additional five percent (5%) shall be applied to the tallied cost score of each certified

OCLSB or DVBE to obtain their final score. If the final score of any OCLSB or DVBE matches the final score of a non-OCLSB or non-DVBE, preference shall be given to the certified OCLSB. If two or more OCLSB or DVBEs have the same final score, the County shall determine the contract award based on the County’s best interest.

C. Dual OCLSB and DVBE Preference provides for the following:

1. Business Certified as OCLSB and DVBE

If a State-certified OCLSB is also a State-certified DVBE, the preference given to that business shall be 8% instead of 5%.

D. Subcontractors

If bidder is submitting subcontractors to qualify for the OCLSB or DVBE preference, bidder must demonstrate through the Staffing Plan that 20% of the total bid amount is allocated to the OCLSB and/or DVBE subcontractor(s).

*NOTE: DVBE PREFERENCE IS NOT APPLICABLE TO PUBLIC WORKS OR A-E

CONSTRUCTION PROJECTS.

https://caleprocure.ca.gov/pages/sbdvbe-index.aspx https://caleprocure.ca.gov/pages/sbdvbe-index.aspx

SECTION 6. Electronic Fund Transfer (EFT)

If awarded, the County offers Bidder the option of receiving payment directly to its bank account via an

Electronic Fund Transfer (EFT) process in lieu of a check payment. Payment made via EFT shall also receive an Electronic Remittance Advice with the payment details via e-mail. An e-mail address shall need to be provided to County via an EFT Authorization Form. A copy of the EFT form is attached as an Exhibit to this solicitation.

SECTION 7. Pricing

PAD District 5 Report, Los Angeles, CA OPIS Gross Renewable R99 Ultra Low Sulfur Distillate

10am ET Daily Rack Average Index with CAR report will serve as a base price, and a copy shall be attached on invoices showing the index for date of delivery.

• +/- differential shall be inclusive of all unloading/handling charges to County fuel fill locations

• +/- differential shall remain firm for the term of the Contract

• Delivery charge per site shall remain firm for the term of the Contract

• County may place an order larger than 7,000 gallons, this order may require more than one (1) truckload delivery; proposed pricing shall remain unchanged

Additional Fixed Fee Charges

• Emergency Delivery: Deliveries requested on observed holidays, and request for same day delivery shall be considered an emergency delivery. Contractor shall be entitled to an emergency delivery fee and an emergency delivery invoice must accompany the fuel invoice for payment of the fee. The emergency delivery fee shall be billed at the rate designated in this Contract.

• Standing Time: Up to one-hour of “standing time” shall be allowable at no charge for the purpose of unloading. County will not be charge any additional fees for the amount of time it takes the

Contractor in offloading / transferring fuel to County tanks in various locations. IF Contractor is unable to unload fuel within one hour after the scheduled arrival at a County site due to delays caused by

County operations, charges may be assessed by Contractor and billed to the nearest ¼ of an hour.

Waiting time shall be confirmed by authorized site personnel before delivery driver leaves site.

• Service Rate: In the event that standing time was a delay caused by County, an hourly service rate quoted herein shall include all costs for labor, tools, equipment, transportation, overhead, profit, travel time, and all other costs related to providing the services described in the scope of work; hourly service rates shall be prorated and billed to the nearest ¼ hour.

• Retain Fee: Charged when fuel that has been ordered by County for delivery cannot be delivered in its entirety due to an incorrect order by County. When this occurs the driver cannot complete his delivery and Contractor must find another home for the fuel that cannot be held. This can be an entire compartment or even a few gallons. Authorized site personnel shall confirm an incorrect order was made before delivery driver leaves site.

DELIVERY SIZE UP TO 1000 GALLONS

OPIS rate is based off PAD District 5 Report, Los Angeles, CA OPIS Gross Renewable R99 Ultra Low

Sulfur Distillate 10am ET Daily Rack Average Index with CAR report

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 OPIS +/- 1 Gallon

2 Flat Rate Delivery to Central Region 1 Flat Rate

3 Flat Rate Delivery to North Region 1 Flat Rate

4 Flat Rate Delivery to South Region 1 Flat Rate

TOTAL

DELIVERY SIZE 1001 - 4500 GALLONS

Sulfur Distillate 10am ET Daily Rack Average Index with CAR report

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 OPIS +/- 1 Gallon

2 Flat Rate Delivery to Central Region 1 Flat Rate

3 Flat Rate Delivery to North Region 1 Flat Rate

4 Flat Rate Delivery to South Region 1 Flat Rate

DELIVERY SIZE 4501 - 7000 GALLONS

Sulfur Distillate 10am ET Daily Rack Average Index with CAR report

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 OPIS +/- for Central Region 1 Gallon

2 OPIS +/- for North Region 1 Gallon

3 OPIS +/- for South Region 1 Gallon

Line Item Description Quantity Unit of

Measure Unit Cost Total

DELIVERY SIZE OVER 7000 GALLONS

Sulfur Distillate 10am ET Daily Rack Average Index with CAR report

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 OPIS +/- for Central Region 1 Gallon

2 OPIS +/- for North Region 1 Gallon

3 OPIS +/- for South Region 1 Gallon

OTHER RATES

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 Fixed Emergency Fee per Delivery 1 Delivery

2 Fixed Hourly Standing Time Rate

(Charged after first hour, to nearest ¼ hour)

1 Hourly

3 Fixed Retain Fee per Delivery 1 Delivery

SECTION 8. Vendor Responses

8.1 BID VALIDITY: *

Bids will be valid for a period of 365 days after the solicitation closing date.

☐ Please confirm

*Response required

8.2 CONTRACTOR INFORMATION

8.2.1 Name of Bidder*

Please state the Name of Bidder here.

If Bidder is a corporation, the legal name of the corporation shall be set forth in this section as the Name of Bidder and the name, title, and person authorized to sign contracts on behalf of the corporation shall be stated as well.

If Bidder is a partnership or joint venture, the true name of the firm shall be set forth as the Name of

Bidder and the name of the partner authorized to sign contracts on behalf of the partnership or joint venture shall be stated as well.

If submittal of this bid or signature of any document submitted with this bid is by an agent other than an officer of a corporation or a member of a partnership, a Power of Attorney must be on file with County prior to Bid opening, or must be submitted with the Bid; otherwise, the Bid may be rejected as non-responsive. You may upload this power of attorney under Additional Information later in this bid response.

*Response required

8.3 COMPANY PROFILE & REFERENCES

8.3.1 Company Legal Name*

*Response required

8.3.2 Company Legal Status*

Please state the status here (Corporation, Partnership, Sole Proprietor, etc.)

*Response required

8.3.3 Corporate Office Address*

What is the address of the company's corporate office? Please provide the full street/mailing address.

*Response required

8.3.4 Local Business Address(es)*

Please provide the local business address for the company named above. If there are multiple local addresses then please provide all.

• Full address:

• Telephone Number:

• E-mail Address:

*Response required

8.3.5 Length of Time Firm Has Been In Business*

Please clearly state, in months and years, how long your firm has been in business.

*Response required

8.3.6 Length of Time At Current Location*

Please clearly state, in months and years, how long your firm has been in business at its current location.

*Response required

8.3.7 Regular Business Hours*

*Response required

8.3.8 Regular Holidays and Hours When Business Is Closed*

*Response required

8.3.9 Federal Taxpayer ID Number*

*Response required

8.3.10 DUNS Number*

Please provide your D-U-N-S Number

*Response required

8.3.11 Unique Entity Identifier Number (UEI)*

The County requires a valid UEI number with active registration status. Your company may obtain one at no cost at https://sam.gov/entity-registration.

*Response required

8.3.12 Are you registered, active, and in good standing with the California Secretary of

State?*

☐ Yes

☐ No

*Response required

8.3.13 Corporation?*

Is your firm incorporated?

☐ Yes

☐ No

*Response required

When equals "Yes"

8.3.14 State of Incorporation?*

You have indicated that your firm is incorporated. Please provide the name of the State of

Incorporation.

*Response required

When equals "Yes"

8.3.15 Contract Signature Authority - Executive Signature*

If incorporated, please provide the name, contact number, and email of the person who would provide this signature authority. The Executive Signer Authority comes from the President, Vice-President, or

Chairperson of the Board.

• Contact Full Name:

https://sam.gov/entity-registration

• Contact Number:

• E-mail Address:

*Response required

When equals "Yes"

8.3.16 Contract Signature Authority - Financial Signature*

If incorporated, please provide the name, contact number, and email of the person who would provide this signature authority. The Financial Signer Authority comes from the Secretary, Assistant

Secretary, Chief Financial Officer, or Treasurer.

• Contact Full Name:

• Contact Number:

• E-mail Address:

*Response required

When equals "No"

8.3.17 Contract Signature Authority*

If not incorporated, please provide the name, contact number, and email of the person who has the binding and signature authority of this contract.

• Contact Full Name:

• Contact Title:

• Contact Number:

• E-mail Address:

*Response required

8.3.18 Sole Proprietor Under Different Name?*

Is your firm a sole proprietor doing business under a different name?

☐ Yes

☐ No

*Response required

When equals "Yes"

8.3.19 Sole Proprietor's Name*

You have indicated that your firm is a sole proprietorship doing business under a different name.

Please provide the sole proprietor's name and the name you are doing business under.

8.3.20 Contact Person for Solicitation*

Please provide the following in relation to the point of contact for this solicitation:

• Contact Person Full Name

• Contact Person Telephone Number

• Contact Person Email Address

*Response required

8.3.21 Project Manager*

Please provide the following regarding who will be your project manager for this project:

• Project Manager Full Name

• Project Manager Telephone Number

• Project Manager Email Address

*Response required

8.3.22 Contact Person for Accounting*

Please provide the following in relation to the point of contact for Accounting:

• Contact Person Full Name

• Contact Person Telephone Number

• Contact Person Email Address

*Response required

8.3.23 Emergency Contact*

In the event of an emergency of declared disaster, the following is required:

• Contact Person Full Name (during non-business hours)

• Contact Person Telephone/Cellphone Number

• Contact Person Email Address

*Response required

8.3.24 References*

Do you have letters from at least three references (not including County of Orange References) that include:

• Reference Names

• Addresses of site where work was performed

• Contact Name

• Telephone Number of Contact

• Contact Email Address

• Contract Effective Dates

• Contract Amount

• Brief Contract Descriptions

If you do not have letters you will be able to provide the same information electronically in the next question by answering "No" here.

☐ Yes

☐ No

*Response required

When equals "Yes"

8.3.25 References - Letters*

Please upload your letters from at least three references (not including County of Orange References) that include:

• Reference Names

• Addresses of site where work was performed

• Contact Name

• Contact Email Address

• Telephone Number of Contact

• Contract Effective Dates

• Contract Amount

• Brief Contract Descriptions

*Response required

When equals "No"

8.3.26 References - Information*

Please provide the following information regarding at least three references (not including County of

Orange References):

• Reference Names

• Addresses of site where work was performed

• Contact Name

• Telephone Number of Contact

• Contact Email Address

• Contract Effective Dates

• Contract Amount

• Brief Contract Descriptions

The references will be contacted for verification, and these contacts must be current and able to respond promptly.

*Response required

8.4 BIDDER CERTIFICATION

8.4.1 Conflict of Interest*

Bidder must certify either Yes or No below:

Bidder certifies current/past financial, business or other relationship(s) with the County exist/existed as follows:

A. (Yes) Disclose any financial, business or other relationship with the County of Orange, any other entity that the Orange County Board of Supervisors governs*, or any Orange County Board member, officer or employee, which could affect or influence award of the contract for the services you propose to provide.

B. (No) Bidder certifies that no relationships exist/existed as outlined in item I above.

*Orange County Board of Supervisors govern: All Assessment Districts, All Community Facilities

Districts, All Reassessment Districts, Housing and Community Development Commission, Housing

Successor Agency to the Orange County Development Agency, In-Home Supportive Services Public

Authority, Industrial Development Authority For Orange County, Local Redevelopment Authority

Marine Corp Air Station (MCAS) El Toro, Orange County Financing Authority, Orange County

Flood Control District, Orange County Housing Authority, Orange County Housing Authority

Acting As the Housing Successor Agency, Orange County Public Financing Authority, Orange

County Special Financing Authority, South Orange County Public Financing Authority, and the

Successor Agency to the Orange County Development Agency

☐ Yes

☐ No

*Response required

When equals "Yes"

8.4.2 Disclose any financial, business or other relationship with the County of

Orange, any other entity that the Orange County Board of Supervisors governs*, or any

Orange County Board member, officer or employee, which could affect or influence award of the contract for the services you propose to provide.* *Response required

8.4.3 Litigation*

Bidder must certify either Yes or No below:

Bidder certifies current/past litigation as follows:

A. (Yes) Bidder shall provide detailed information regarding litigation (court and case number), liens, or claims involving Bidder, or any company that holds a controlling interest in Bidder, against the County of Orange in the past seven (7) years.

B. (No) Bidder certifies that Bidder or any proposed subcontractors do not have any past or current litigation.

☐ Yes

☐ No

*Response required

When equals "Yes"

8.4.4 Bidder shall provide detailed information regarding litigation (court and case number), liens, or claims involving any proposed subcontractors, or any company that holds a controlling interest in subcontractor firm(s), against the County of Orange in the past seven (7) years.* *Response required

8.4.5 Name/Ownership Changes:*

Respondent must certify either Yes or No below:

A. (Yes) Respondent certifies past company name changes and/or ownership changes, for

Respondent’s firm and any proposed subcontractor firm, as follows:

1. Respondent shall provide detailed information regarding any company name changes

(including legal business names) in the past seven (7) years.

B. (No) Respondent certifies that Respondent or any proposed subcontractors have not had any company name change or ownership changes in the past seven (7) years.

☐ Yes

☐ No

*Response required

When equals "Yes"

8.4.6 Bidder shall provide detailed information regarding any company ownership changes (including legal business names) in the past seven (7) years. * *Response required

8.4.7 Is your firm a County Of Orange Local Small Business (OCLSB) or a Disabled

Veteran Business Enterprise (DVBE)?* To participate as an OCLSB and/or DVBE, the requirements in the OCLSB AND DVBE PREFERENCE

POLICIES CERTIFICATION REQUIREMENTS section must be met.

☐ Yes

☐ No

When equals "Yes"

8.4.8 County of Orange Local Small Business (OCLSB) and/or Disabled Veteran

Business Enterprise (DVBE) Affirmation* Please download the below documents, complete, and upload.

• Local_Small_Business_(OCLSB...

*Response required

When equals "Yes"

8.4.9 DVBE Certification Number*

To be certified as a Disabled Veteran Business Enterprise by the County of Orange, a business shall meet (1) and (2) below:

A. Must be certified as a DVBE by the State of California Department of General Services (DGS);

and, B. DGS DVBE requirements must be valid at the time of bid/proposal submittal.

Enter your DVBE Certification Number. If you do not have it then please state "N/A" here.

*Response required

8.4.10 SBA Certification Number*

If you do not have an Small Business Administration (SBA) Certification Number then please state "N/A" here.

*Response required

8.4.11 Statement of Compliance*

A. (Yes): Bidder certifies it is in strict compliance with this IFB, including, but not limited to the terms and conditions set forth in the Model Contract and its Attachments and Exhibits, and no exceptions are proposed.

B. (No): Bidder certifies it is in strict compliance with this IFB, including the terms and conditions set forth in the Model Contract and its Attachments and Exhibits, except for those exceptions expressly listed as required by this IFB and attached hereto. Attachments for each proposed exception to this IFB, including, but not limited to the Model Contract, must include:

1. The complete provision Bidder is taking exception to;

2. The IFB page number and section of the provision Bidder is taking exception to;

3. The suggested rewording (i.e., Microsoft Word track changes);

4. Reason(s) for submitting the proposed exception; and

5. Any impact the proposed exception may have on the services to be provided.

☐ Yes https://government-project.s3.us-west-2.amazonaws.com/132866/87d0a77d-34df-4ffa-9038-a809ea7e6d21_Local_Small_Business_%28OCLSB%29_Preference_and_Disabled_Veterans_Business_Enterprise_%28DVBE%29_Affirmation.docx?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4M4GDVLRV%2F20250915%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20250915T212031Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEAQaCXVzLXdlc3QtMiJHMEUCIBKJx1ozRBfUfNRiY0stpCkj9q1emUgXbryeOc3Ydk%2B6AiEA%2BVsNwMmJwCtVPxh5syVC3kVSCnwnHRdfEN1LIz5e%2FaIqigUIfRACGgw4OTIzNjQ2ODc2NzIiDBuDNNYxEw3qKcikYirnBDaftEXDy1StPAj05z00AAlCcDaTfPEmld7xJbN%2FHK%2F5tC6eI85pdR4OSUSK1R2R8%2B%2Fjn3YXStzdFxPxCd8g14kWtig3LtGCCmFxDR2c7BxD3Om5XTn3vz9pNaceT4%2B2BBa0PQvYadcQzD43BgaXoSy4GI1p041ffk6PkFke0S38X6%2FLn6dakuHuIQK%2FTrNSLq2tQDAENFxDaHKrSoFVQu%2B5sVqIeOF5FIp896MuyTemTC6toMCTG2hNoVyoBdSfoeCP6KDJ8Z%2BcFqFE%2F9z%2FFn%2F2YyqI0YAZAdpvp09QUWgEiV1zn9xDTV5JSrJgxCizVJGKbEa67eU0kK5etmCq3w1uBDVNKweYXcY5QlBeDdWwMz%2F0PO4ZTDmtybjwzwA9%2FCxmotW6LStZriyxVe6N3isE%2B2DfYijIsPUgjQhfKhmUYahBJZozFKskkFYjAdlRKPsxkm%2Fqtx0m1NwzECrGotjKT5rTRZ67c7CqKrUJ9GHd%2BmT2y2jj6tQmmekitQScb%2FeyJeYXGnuqi9Mn%2BTfhEiam70Kz%2Bxa4V0HAuECByR0jolNsqALkW%2BL0K1SvvJELY36RdnqtO79IkmDOV9ZP%2FJuyA%2BOEdVDHFR7HYVvNdX93EuWG3d1rybq7rMbCw301TgcDHhF%2Bsd2%2FqfKzW0uPaDxUHaRQfcXnXOdedtslsSrXu4pDn05sibWtl1AzGEiNN4jrCEf9mluSYd0foWwtlhcuTBmPMhbjQVlM9MDqo4oVeMIWcrSg30kDsAMHl%2BguoJjAOrKzffH3iFl3%2FoxkYU9%2F0Xwu5YsPh9zFZfu%2FoMzQDYr8MeuqXzDh5KHGBjqbAXPCxnDeyoTRUUYOUFg65JnBO2UNwBfKOtDuO01jZMfs6YxFqPr9%2B2g%2BQPNnC3jzzXFDti4X0xUEUKOKDVPKrIOiT9p8e5%2BjbMxZZo%2BHCacBn6Y4ZynkR3opD1ItuHx1J1z1Cuf1B5sx08sjktLivUW80tIHX1w9tQM%2BROBmePk6jPP3d5M97dW0GLn2pqdAQ3%2FEAvKHSOftEDLJ&X-Amz-Signature=bea04b2084de6ff7a277a4b740cd8fd52a3367e346af6183e15c14e99fbe1e6a&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22Local_Small_Business_%28OCLSB%29_Preference_and_Disabled_Veterans_Business_Enterprise_%28DVBE%29_Affirmation.docx%22&x-id=GetObject

☐ No

*Response required

When equals "No"

8.4.12 Provide exceptions to the requirements of this IFB including the terms and conditions set forth in the Model Contract and its Attachments and Exhibits.* *Response required

8.5 SUBCONTRACTOR INFORMATION

The Bidder shall list below all subcontractor(s) who will perform any portion of the work in excess of

0.5% of the total bid. The Bidder shall state each subcontractor’s name, particular trade or subdivision of the work, license number, and principal location. If the Bidder specifies more than one subcontractor for the same portion of work to be performed, or fails to list a subcontractor for any portion of the work in excess of 0.5% of the total bid, the Bidder represents that he or she is fully qualified to perform that portion himself or herself, and, if awarded the Contract, shall perform that portion himself or herself.

8.5.1 Subcontractor Listing*

For each subcontractor performing one half of one percent or more for any portion of work on this project, please provide the following:

• Name of Contractor

• Corporate Office Address

• Local Office Address

• Contractor's License Number

• Contractors DIR Number

• DUNS Number

• UEI Number

• OCLSB/DVBE Certification Number (if applicable)

• SBA Certification Number (if applicable)

• Type of Work, Trade, Service, or Portion of Work to Be Provided

• Dollar Amount of Work Performed

In the event that you are not using any subcontractors for this project, please state "N/A" here or simply not that you will not be using subcontractors. You must clearly state all the requested information for any subcontractor you intend to use here and at this time, a response of "N/A" here and use of subcontractors or requested use of subcontractors at a later time may result in your bid being deemed as non-responsive.

*Response required

8.6 FORMS

8.6.1 Certification Regarding Debarment *

Please download the below documents, complete, and upload.

• CERTIFICATION_REGARDING_DEB...

*Response required

8.6.2 Contractor Safety *

Contractor shall comply with County’s Safety and Loss Prevention Policy and Procedure #306

(“Contractor Safety Responsibilities”) and…