ESBD_376031_1725917286042_601440000045899_Solicitation Package.pdf

INSTRUCTIONS TO RESPONDENTS

USE OF NATIONAL INSTITUTE OF GOVERNMENTAL PURCHASING CODE

The Texas Department of Transportation (TxDOT) uses the National Institute of Governmental Purchasing, Inc., (NIGP) code to standardize purchases by conforming to the class, item, and group structure of the code. The NIGP code is used to select vendors for our master vendor file from the Texas Comptroller of Public Accounts (CPA) Centralized Master Bidders List (CMBL).

New suppliers and other vendors wishing to furnish materials, equipment, supplies and services to TxDOT should apply to be on the CMBL to receive bidding opportunities.

Existing TxDOT vendors need only be concerned that the information listed on the CMBL file is correct, and that the applicable NIGP class and item are selected for those you can provide.

CMBL information is available online at: https://comptroller.texas.gov/purchasing/vendor/cmbl/ or by phoning 1-512-463-3459.

Early Payment Program - TxDOT is offering an important program to all respondents that provide prioritized invoice processing and payments (prior to the 30th day after receipt of a correct invoice). The program provides enrolled vendors enhanced benefits from improved invoice processing to priority handling to cash advancement and technology efficiencies.

Respondents offering a cash discount in exchange for TxDOT’s priority invoice processing and early payment agreement should complete and return the attached form entitled “Priority Invoice and Early Payment Program” with the response.

Additional information may be found at the following website: http://www.txdot.gov/business/vendors/epp.html

Revised 20

601440000045899

9/12/2024 10:00 AM

Ashley.Ramirez@txdot.gov

Ashley.Ramirez@txdot.gov

Ashley.Ramirez@txdot.gov

Ashley.Ramirez@txdot.gov

Dated: September 2024

Invitation for Bid

Bulk Fuel Services : Diesel and Gasoline

Solicitation No. 601440000045899

NIGP Class-Item: 405-09, 405-15

Purchaser: Ashley Ramirez, CTCD, CTCM

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1. Description of Services: This solicitation is to establish a contract for services to provide fuel to include gasoline and diesel to be delivered to TxDOT locations identified on the Pricing Schedules.

2. Emergency This solicitation is for an emergency purchase made under Texas Government Code §2155.137 and 34 TAC 20.82.

3. Term of Service: The term of the contract shall commence upon execution of the contract by TxDOT and expires on December 26, 2024 with no option to renew.

4. Order of Precedence: In the event of any conflict, terms contained in the document shall prevail in the order as listed below:

4.1.

4.2.

Solicitation No. 601440000045899 Statement of Work (SOW), TxDOT 405-09-45899 Dated: September 2024.

4.3. TxDOT Terms and Conditions, October 2023

4.3.1. Payment will be made in accordance with Part 4, Para. 4.04 (b)

4.4. Pricing Schedule

4.5. Execution of Bid

4.6. HUB Subcontracting Plan

4.6.1. With the following exception to Attachment B – Historically Underutilized Business Participation Plan: Change all notification requirements of “seven

(7) business days” to “one (1) calendar day

5. Work Hours

Work hours may be flexible, based on type of work and TxDOT requirements. All work performed by the respondent must be in accordance with a TxDOT-approved work schedule. Respondent employees must be available to work on an as needed basis.

6. Delivery Delivery must be made between 8:00 a.m. and 5:00 p.m., Monday through Friday, except on regularly observed state or federal holidays, unless prior approval has been obtained from TxDOT.

7. Insurance Requirements: The successful respondent must provide to TxDOT an executed Certificate of Insurance for Services, Form 1950, per TxDOT Terms and Conditions, Part 5, within seven business days of request by TxDOT.

8. Estimated Quantities

Quantities are estimates only to be used for the purpose of comparing responses. The respondent must enter their unit price on Pricing Schedule. Total price will be evaluated by multiplying the unit price for each line by the estimated quantities listed on Pricing Schedule.

TxDOT will issue blanket purchase order releases (BPOR) based on the amount needed to satisfy TxDOT’s operating requirements. BPOR may be up to the aggregate contract amount subject to further allocation of funds, and there is no guarantee any BPOR will be issued under this contract.

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9. Texas HUB Subcontracting Plan

TxDOT has determined that subcontracting opportunities are probable in connection with this solicitation (Reference Attachment B).

10. Contact Information

The individuals listed below are the only authorized TxDOT contacts. Contacting any other TxDOT personnel regarding this solicitation, may result in the respondent being disqualified. Any changes as a result of questions will be made by TxDOT in the form of an addendum to the solicitation; no oral changes will be considered.

For clarification or questions regarding this solicitation, respondents may contact:

Primary Contact: Ashley Ramirez, CTCD, CTCM

Phone: 956-712-7734

Email: Ashley.Ramirez@txdot.gov

Secondary Contact: Erika Rivera Romanos, CTCD, CTCM

Phone: 210-615-5952

Email: Erika.Rivera@txdot.gov

When submitting questions through vendor discussion, the vendor must include the name of the document and paragraph number related to the question.

11. Response Submission

11.1. GENERAL FORMAT: The respondent must submit one signed and dated response to include the documentation required per response paragraph 11.2.

11.2. RESPONSE: Failure by the respondent to submit the documentation listed below will result in the response being considered non-responsive. Response submission must be submitted with each section named with the “Section #” and brief description not to exceed 30 total characters as a separate document in the following format:

11.2.1. Section 1 –Pricing Schedule

11.2.2. Section 2 – Execution of Bid

11.2.3. Section 3 – Vendor Qualifications and Experience Schedule: Complete and return detailing respondent qualifications and experience.

11.2.4. Section 4 – Vendor Personnel Qualifications, Experience and References Schedule: Complete and return for each proposed key or respondent personnel position.

11.2.5. Section 5 – Texas Family Code Schedule

11.2.6. Section 6 – HUB Subcontracting Plan

11.2.7. Section 7 – Service Location Schedule

NOTE: TxDOT reserves the right to waive minor errors and omissions. See paragraph 2.02(h) of TxDOT Terms and Conditions.

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12. Vendor Point of Contact:

Name:

Phone:

Email:

13. Vendor Verification of Federal Employer Identification Number:

Vendor to provide current company name:

Vendor to provide federal EIN:

If invoice will be submitted by, and/or payment made to an EIN or company name different from the vendor on the contract, vendor must complete the following to authorize payment:

EIN of company authorized to invoice for vendor: Name of Invoicing Company:

EIN of company authorized to receive payment: Name of company to be paid:

14. Preferences

Check below if preference claimed under rule 34TAC 20.306.

Tie-Bid Preferences:

__Supplies, materials, or equipment produced in Texas or offered by a Texas bidder.

__ Agricultural products produced or grown in Texas.

__Agricultural products and services offered by Texas bidder.

__USA produced supplies, material or equipment.

Products produced at facilities located on formerly contaminated property

__Products and services from economically depressed or blighted areas.

__Goods produced or offered by a Texas bidder that is owned by a service- disabled veteran who is a Texas resident.

Source Preferences:

__Products of persons with mental or physical disabilities.

__Vendors that meet or exceed air quality standards. For contracts to be performed, in whole or in part, in a designated non-attainment area or an affected county, as those terms are defined by Health and Safety Code 386.001 Texas emission reduction plan.

__Manufacturer that has a recycle program for computer equipment.

__Contractor providing foods of higher nutritional value Specification Preferences:

__Point lines made of recycled materials, remanufactured, or environmentally sensitive materials including recycled steel.

__Energy efficient products.

__Rubberized asphalt paving materials.

__Recycled motor oil and lubricants.

If the name of your company is not printed on the heading of this solicitation, you must write the full name of company, full name of signer, mailing address, and respondent's employer

5 - 5 identification number (EIN) on the face of the solicitation. To minimize identity theft, every company must have an employer Identification number (EIN), also known as a federal tax identification number, prior to award of a contract.

For information on obtaining your EIN, call 800-829-4933 or visit the following website:

https://www.irs.gov/businesses/small-businesses-self-employed/employer-id- numbers

(NOTE: this link will not work if capitalization is used. Type in navigation bar using lower case letters)

15. Calendar of Events:

Estimated Solicitation Posting Date: 9/9/2024 Reference

Paragraph 10 – Contact Information. Response Due

Date: 9/12/2024, 10:00 a.m. central time Tentative Date for Contract Award: 9/16/2024

TEXAS DEPARTMENT OF TRANSPORTATION

STATEMENT OF WORK

TxDOT 405-09-45899 Dated: September 2024

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BULK FUEL SERVICES: DIESEL AND UNLEADED

PUBLICATION

This statement of work (SOW) is a product of the Texas Department of Transportation (TxDOT).

This SOW may not be sold for profit or monetary gain. If this document is altered in any way, the header and any and all references to TxDOT must be removed. TxDOT does not assume nor accept any liability when this SOW is used in the procurement process by any other entity.

1. SCOPE

This SOW is for services to provide fuel to include gasoline and diesel to be delivered to TxDOT locations identified on the Pricing Schedules.

2. LOCATION(S)

Are specified on the Pricing Schedule. TxDOT reserves the right to add or delete facilities serviced under the contract. TxDOT will provide 10 calendar day(s) written notice to the vendor for locations to be deleted or of any additional locations requiring service within the same area or region.

3. DEFINITIONS OF TERMS AND ACRONYMS

3.1. Contract – Any Purchase Order (PO) or Blanket Purchase Order (BPO) resulting from this solicitation as listed in the Order of Precedence in the resulting PO or

BPO

3.2. POC – Point-of-Contact

3.3. TxDOT – Texas Department of Transportation

3.4. TxDOT POC – TxDOT Point of Contact

3.5. ASTM - American Society for Testing and Materials

3.6. BPOR - Blanket Purchase Order Release – A written authorization to perform work under the contract listing the items of work to be performed and the cost based on the prices established in the BPO

3.7. BOL – Bill of Lading

3.8. CONT NET AVG – OPIS Contract Net Average

3.9. Delivery Documentation – Meter Ticket Printout or BOL and Manifest – The documents required to be left with the TxDOT Representative at the time of delivery.

3.10. EPA – Environmental Protection Agency

3.11. Facility(ies) – Any location containing various fuel storage units (e.g., fuel tanks, fuel pods, generators, etc.).

3.12. LUST – Leaking Underground Storage Tank

3.13. OPIS – Oil Price Information Services

TxDOT 405-09-45899 Dated: September 2024

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3.14. OSLTF – Oil Spill Liability Trust Fund

3.15. Vendor Constant – The fee associated with the vendor's profit margin, all loading charges, and operational overhead costs.

4. APPLICABLE LAWS AND STANDARDS:

The vendor shall provide the specified service requirements in accordance with all federal, state, and local applicable laws, standards, and regulations necessary to perform the services, including, but not limited to:

4.1. 29 CFR Part 5 - Labor Standards Provisions

4.2. Texas Administrative Code, Title 25, Part 1, Chapter 229

4.3. 41 CFR - Part 60 - 1.3, 1.4(b) - Equal Employment Opportunity

4.4. 40 U.S.C. 3702 and 3704 supplemented by Department of Labor regulations at 29 CFR Part 5

4.5. Clean Air Act 42 U.S.C. 3702 and 3704

4.6. Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1381)

4.7. 40 CFR Part 247 - Environmental Protection Agency

4.8. 2 CFR 200.317 - Procurement by State

4.9. 34 TAC §20.11, §20.14, and 43 TAC 9.50 -.57 (Relating to Disadvantage Business Enterprises, HUB, Small Business Enterprises, DBE/HUB/SBE)

4.10. Title 2 Part 200 Uniform Administrative Requirements Cost Principles, and audit Requirements for Federal Awards

5. HISTORY OR BACKGROUND:

Not Applicable

6. CURRENT ENVIRONMENT:

Not Applicable

7. VENDOR QUALIFICATIONS:

The vendor must:

Be a company or an individual engaged, or whose partners are engaged in the business of providing diesel and gasoline for a minimum of two years within the past five years.

Years of experience of an individual(s) or partner(s) with a minimum of 25% ownership of the company can be applied to the company’s years in business.

8. VENDOR PERSONNEL QUALIFICATIONS AND RESPONSIBILITIES:

The vendor must provide the following personnel with the listed qualifications:

8.1. Account Manager must have a minimum of two years’ experience within the past five years in the services identified in the Scope of Work. Be a permanent staff employee and serve as a constant primary POC for the day-to-day responsibilities and operation of the service in accordance with the requirements of the contract.

TxDOT 405-09-45899 Dated: September 2024

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8.2. Dispatcher must have a minimum of one years’ experience within the past three years in the services identified in the Scope of Work. Be responsible for dispatching fuel trucks to the specified location of service. NOTE: The Dispatcher may be the same individual as the Account Manager. This individual must have the qualifications and experience required for each position.

8.3. All personnel who will be driving to and from TxDOT work locations must:

8.3.1. Possess a valid driver license acceptable in the state of Texas.

8.3.2. Have no Driving Under Influence (DUI) or Driving While Intoxicated (DWI) incidents on driving record within the past three years.

8.3.3. Have no more than two moving violations on driving record within the past three years.

NOTE: TxDOT reserves the right to request proof of qualifications.

9. SERVICE REQUIREMENTS:

The vendor must:

9.1. Provide all required safety equipment and instruct personnel to observe all safety policies, rules, and requirements at all times.

9.2. Provide a primary point of contact.

9.3. Conduct driver license checks annually on vendor staff that drive to and from TxDOT work locations to verify compliance.

9.4. Provide an updated list of all vendor personnel or subcontractors at each job site and comply with all security measures required by TxDOT.

9.5. Make arrangements with the designated TxDOT representative prior to off-loading tools and equipment at the job site.

9.6. Only park in locations assigned by the designated TxDOT representative.

9.7. Not use restrooms for washing tools and equipment.

9.8. Ensure all personnel are fluent in English with the ability to receive, give, and understand written and oral instructions.

9.9. Ensure personnel are not excessively loud.

9.10. Ensure personnel do not use personal multi-media devices while performing services for TxDOT unless furnished by the vendor to facilitate communication with TxDOT or the vendor.

9.11. Conduct background checks using statewide DPS, Texas, and out-of-state county equivalent verification of criminal and sex offender background checks on all vendor’s permanent and temporary personnel scheduled to work on TxDOT projects prior to beginning service start-up. Upon award, supporting documentation confirming the completion of these comprehensive background checks may be subject to review upon request by TxDOT or the TxDOT designee, or both, prior to beginning the service. Failure to produce the requested documentation may be cause for cancellation of the contract.

TxDOT 405-09-45899 Dated: September 2024

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Background checks must be within the last year of contract execution date and must be completed on any new employees throughout the life of the contract.

The background checks must include, but not be limited to, the following:

9.11.1. Social Security number verification.

9.11.2. Statewide criminal and sex offender records for all Texas counties and out-of-state county equivalents based on the current and previous addresses of the applicant for the past seven years.

9.12. Begin work within 7 calendar days after the issuance of written authorization from the authorized TxDOT representative.

9.13. Provide delivery of fuel to TxDOT locations from the closest refiner’s depot.

NOTE: Prior to utilizing another refiner’s depot, documentation must be provided and approved by the TxDOT representative.

9.14. Provide a primary and secondary POC for dispatching. Vendor must provide name, title, telephone number and email.

9.15. Be able to track and communicate with transport vehicles at all times to ensure that service is being performed and that service requests are handled in a timely and accurate manner.

9.16. Provide Fuel Pod Deliveries. Locations may vary throughout each District and fuel pods can move, as needs for TxDOT change

9.17. Provide delivery trucks equipped with all required connections and pumps to deliver fuel to various tanks, as specified at each location.

9.18. Fuel Provision Requirement: Vendor is approved to receive petroleum from every major terminal in the state of Texas, but not limited to, gasoline (87 octane) and diesel (low sulfur).

9.19. Fuel furnished to these specifications must meet all federal regulations and Texas Commission on Environmental Quality (TCEQ) requirements.

9.20. PRODUCT SPECIFICATIONS: Fuel identified in the SOW must comply with the following corresponding requirements and must have the level of deterrent additives recommended for engines equipped with fuel injection systems. It is the vendor’s responsibility to provide the proper type of fuel applicable to the delivery location. Examples include, but are not limited to: Reformulated Gasoline in the Dallas Metroplex area and dyed TxLED diesel in mandated east Texas counties (Reference Attachment A – Additional Requirements).

9.21. SPILLAGE AND CLEANUP: The vendor shall be responsible for all spillage, which may occur during transit, loading, or unloading operations (Reference Attachment A – Additional Requirements).

9.22. FUEL VAPOR CONTROL: Delivery trucks must at all times comply with current state of Texas and federal regulations pertaining to fuel vapor control (Reference Attachment A – Additional Requirements).

9.23. PRICING: PRICING: Provide fuel cost pricing based on the OPIS – CONT NET AVG to calculate price per gallon excluding taxes, Oil Spill Liability Trust

TxDOT 405-09-45899 Dated: September 2024

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(OSLTF), (Leaking Underground Storage Tank (LUST), and vendors constant(s).

The vendors cost for fuel is based on the 10 A.M. ET Benchmark Report (Reference Attachment A – Additional Requirements).

9.24. ANNUAL USAGE AND DELIVERY QUANTITY: Estimated annual usage and estimated delivery quantity is specified on the Pricing Schedules. Delivery quantity restrictions are not allowed. Deliveries made more frequently than requested and refusal to deliver quantities less or more than those listed on the pricing schedule may be grounds for contract cancellation without further cause.

9.25. ORDERS: Must be accepted by email or telephone 24/7, 365 days. Vendor must provide an email address, vendor POC, and a local or toll-free number for the placement of fuel orders.

9.26. Delivery must be made within two working days of the delivery request time, unless otherwise agreed by TxDOT representative. TxDOT may require a shorter delivery time.

9.27. Coordinate delivery and deliver fuel only to a location attended by TxDOT personnel.

9.28. Coordinate with TxDOT customers to determine what type of delivery truck is accessible for each location.

9.29. TxDOT may request one type of fuel as needed or combine multiple fuel for one delivery.

9.30. Provide a certified meter ticket or BOL/Manifest must be provided at the time of delivery. The delivery must indicate the number of gallons delivered into the TxDOT tank.

9.31. Obtain the signature of the TxDOT employee in attendance on the meter ticket printout or BOL and Manifest. One copy of the delivery documentation must be left with the TxDOT employee. Failure to provide a delivery document with each fuel delivery and failure to obtain TxDOT employee signature will be grounds for non-payment of the invoice and will result in TxDOT's unit of measure being used.

9.32. Provide delivery within the time frame specified above, or as specified on the at time of order. If delivery is not accomplished as specified, TxDOT reserves the right to procure the fuel elsewhere and may bill the vendor the difference between the BPOR price and the actual purchase price.

9.33. METHOD OF MEASUREMENT: Will be determined in the order listed in Attachment A - Additional Requirements.

10. MATERIALS OR PARTS PRICING:

Not Applicable

11. MISCELLANEOUS EQUIPMENT:

Not Applicable

TxDOT 405-09-45899 Dated: September 2024

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12. VENDOR DELIVERABLES:

Not Applicable

13. PROJECT SCHEDULE:

Not Applicable

14. WARRANTY REQUIREMENTS:

Not Applicable

15. VENDOR PERFORMANCE:

Vendor performance will be monitored on a regular basis by TxDOT.

15.1. An unsatisfactory performance determination includes, but is not limited to:

15.1.1. One service “call back” to correct the same problem within 30 calendar days.

15.1.2. Failure to deliver.

15.1.3. Two instances within one year of response time, as defined in this statement of work, to an authorized service call exceeding the two calendar day limit.

15.1.4. Once instance within one year of spillage and cleanup

15.1.5. Any requirement not met as outlined in the service requirements determined by TxDOT.

NOTE: Unsatisfactory performance may result in a negative vendor performance report, or cancellation of the contract or both, in addition to any other rights, liquidated damages and remedies provided by the contract or allowed by law.

15.2. An exceptional performance determination includes, but is not limited to:

15.2.1. Product upgrade substitution suggested and accepted at no additional cost to TxDOT.

15.2.2. Vendor commended for exceptional customer service, exceptional service provided.

16. CONTRACT REMEDIES:

Not Applicable

17. PERSONNEL CONTINUITY AND REPLACEMENT:

17.1. The Account Manager, and Dispatcher must remain available for the entire term of the contract as long as that individual is employed by the vendor.

17.2. TxDOT recognizes that events beyond the control of the vendor such as the death, physical or mental incapacity, long-term illness, or the voluntary termination of employment of the Account Manager, and Dispatcher will require the vendor propose a replacement. Vendor must notify TxDOT within 24 hours after the vendor is made aware of such a situation.

TxDOT 405-09-45899 Dated: September 2024

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17.3. Proposed replacement personnel must:

17.3.1. Be submitted to TxDOT within 10 calendar day(s) of notification resulting from sub-paragraphs 17.1 or 17.2 above.

17.3.2. Meet minimum qualifications and have experience comparable to the person(s) being replaced. Resume(s) and reference(s) may be requested for the proposed replacement(s).

17.3.3. Be provided at no additional cost to TxDOT.

17.3.4. Not begin work on the project without prior written approval from TxDOT.

NOTE: TxDOT may reject any replacement if references or past working performance is questionable or unfavorable. TxDOT will be the sole judge of the qualifications of the proposed replacement personnel.

18. QUALITY ASSURANCE PLAN:

Not Applicable

19. BUSINESS CONTINUITY AND DISASTER RECOVERY PLAN:

Not Applicable

20. TRAVEL:

Not Applicable

21. MOBILIZATION:

Not Applicable

22. TRIP CHARGE:

Not Applicable

23. ADDITIONAL INVOICING INSTRUCTIONS:

Not Applicable

24. TxDOT RESPONSIBILITIES:

TxDOT will:

24.1. Provide a contract manager.

24.2. Provide a POC.

24.3. Monitor vendor performance.

24.4. Provide BPOR numbers for the order of fuel.

24.5. Complete a Federal Excise Tax Exemption Certificate provided by vendor.

25. TRANSITION OF TxDOT PROPERTY:

Not Applicable

TxDOT 405-09-45899 Dated: September 2024

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26. CONTRACT ADMINISTRATION:

Administration of the contract is a joint responsibility of the TxDOT contract administrator and TxDOT purchasing staff. Purchasing staff will be responsible for administering the contractual business relationship with the vendor.

26.1. Any proposed changes to work to be performed, whether initiated by TxDOT or the vendor, must receive final written approval in the form of a Purchase Order Change Notice signed by the authorized TxDOT purchasing agent.

26.2. Upon issuance of contract, TxDOT will designate an individual to serve as the contract manager and point of contact between the agency and the vendor. The contract manager does not have any express or implied authority to vary the terms of the contract, amend the contract in any way, or waive strict performance of the terms or conditions of the contract. This individual’s contract management and contract administration responsibilities include, but are not limited to:

26.2.1. Monitoring the vendor’s progress and performance and ensuring services conform to established specification requirements.

26.2.2. Managing the financial aspects of the contract including approval of payments.

26.2.3. Meeting with the vendor as needed to review progress, discuss problems, and consider necessary action.

26.2.4. Identifying a breach of contract by assessing the difference between contract performance and non-performance.

26.2.5. Other areas as identified by the State of Texas Procurement and Contract Management Guide version 3.0.

TxDOT 405-09-45899 Dated: September 2024

Attachment A – Additional Requirements

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1. PRODUCT SPECIFICATIONS:

1.1. REGULAR UNLEADED GASOLINE: must:

1.1.1. Comply with the requirements of ASTM D4814, latest revision.

1.1.2. Comply with the requirements of SAE J312, latest revision.

1.1.3. Have a minimum octane rating of 87, which shall be determined using the R+M/2 method.

1.2. REFORMULATED GASOLINE (RFG): Also described as oxygenated gasoline:

1.2.1. Must comply with the requirements set forth in the Code of Federal Regulations (CFR) Title 40 Sections 80.41and 80.45.

1.2.2. Vendor must only include oxygenates that are permitted by environmental regulations applicable to the time and place of Ethanol Blended Gasoline E10.

1.2.3. Must have maximum 1% benzene content.

1.2.4. Oxygenate blending shall be accomplished by mechanical mixing, or agitation in a tank, or by in-line blending, prior to loading the product into transport equipment, and the result must meet specifications as mandated to all federal, state, and local regulations.

1.2.5. The vendor must provide, upon TxDOT's request, a copy of the product transfer documents (PTD), authenticating the origin of the oxygenated fuel.

1.2.6. Vendor failure to provide the PTD to TxDOT, within seven working days of TxDOT's request, may be grounds for purchase order cancellation without further cause.

1.3. NO. 2 DIESEL FUEL, ULTRA LOW SULFUR: Must:

1.3.1. Meet the requirements of the Texas Administrative Code (TAC) Title 30, Chapter 114, Subchapter H, Division 2, Sections 114.312-114.317 and 114.319, Alternative Emission Reduction Plan 114.318 will be accepted.

1.3.2. Comply with the requirements of ASTM D975, latest revision.

1.3.3. Comply with the requirements of ASTM D1552, latest revision.

1.3.4. Comply with the requirements of ASTM D482, latest revision.

1.3.5. Comply with the requirements of SAE J313, latest revision.

1.3.6. Have a minimum cetane number of 40.

1.3.7. Have a maximum .0015 weight percent of sulfur.

1.3.8. Have a maximum aromatic content of 35%.

1.3.9. Be free of visible evidence of blue dye 1.4 dialkylamine-anthraquinone.

1.3.10. Contain dye solvent red 164.

TxDOT 405-09-45771 Dated: August 2024

Attachment A – Additional Requirements

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1.4. SPECIAL DIESEL REQUIREMENTS:

1.4.1. Vendor must provide pre-blended winterized diesel from November 1st to March 31st.

1.4.2. Upon request, vendor must provide diesel additive blended at the time of fuel delivery. Diesel additive must be used to increase winter operability (e.g., cloud point, cold filter plug point, etc.).

2. PRODUCT QUALITY

2.1. Contamination is defined as any element, which enters pure refined gasoline or diesel fuel either naturally or by purposeful action, which is not a product of refined crude oil with the exception of winter additives, detergents, and identifying dyes.

2.2. TxDOT or its authorized representative, or both, reserves the right to test fuel quality before, during, and after unloading. The fuel will be rejected should test results show the fuel contains contamination.

2.3. The vendor must be responsible for:

2.3.1. The removal of the fuel from TxDOT property within three working days after requested to do so, should test results show the fuel contains any contaminants.

2.3.2. All clean-up required to TxDOT property, storage facilities, and equipment as a result of noncompliance with specifications.

2.3.3. Any and all costs incurred by TxDOT for any equipment sustaining damage, due to contaminated fuel, delivered by the vendor.

2.4. Any aftermarket additive used must be identified by brand name or trade name, or both. The manufacturer's additive specifications must be provided to TxDOT, upon request. Failure to provide the manufacturer's additive specifications within seven working days of TxDOT's request will be grounds for purchase order cancellation without further cause. An additive, if used, shall comply with EPA regulations, and must be compatible with the refiner's product. Additives which increase emissions of sulfur and other substances proven to damage the environment and which are disallowed by EPA regulations will not be accepted.

3. SPILLAGE AND CLEANUP

3.1. Delivery driver must implement immediate safety and spill containment measures and then notify TxDOT representative on-site.

3.2. The vendor must clean-up the spillage within one working day of the time of spillage, or other time period as specified by TxDOT.

3.3. Clean up must be performed in accordance with EPA and state of Texas guidelines and requirements. Failure to do so shall initiate corrective action and charge back to the vendor any costs incurred.

3.4. TxDOT reserves the right to deny delivery vehicles leaking fuel or other hazardous materials access to TxDOT property. The vendor will be notified of

3 - 4 denied access and must make delivery within one working day of notification with a TxDOT approved vehicle. If delivery is not accomplished within the time frame specified above, TxDOT may exercise the remedies detailed in the contract.

4. FUEL VAPOR CONTROL

4.1. Trucks delivering to FOB points in Brazoria, Chamber, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, Tarrant, and Waller counties must comply with TAC, Title 30, §115.221 through §115.239.

4.2. Trucks delivering to FOB points in counties other than those listed in Paragraph

2. may be required to comply with TAC, Title 30, §115.221 through §115.239.

4.3. Vendor is responsible to determine which FOB points, other than those mandated by law, require delivery trucks which comply with TAC, Title 30, §115.221 through §115.239.

5. PRICING

5.1. VENDOR CONSTANT

5.1.1. Is payable only on the number of gallons received by TxDOT.

5.1.2. Must include all loading fees, operational overhead costs the vendor's profit margin, and any other associated costs related to the provision of fuel to include, but not limited to recovery fees, delivery fees, and hazardous fees.

NOTE: Vendor freight constant to be included in Pricing Schedule separately.

5.2. STATE TAXES

5.2.1. TxDOT is a bonded user of dyed diesel fuel and holds the related permit issued by the Texas Comptroller of Public Accounts (CPA).

5.2.2. The state of Texas tax on dyed diesel fuel must not be included on the vendor's invoice for diesel fuel.

5.2.3. TxDOT's Dyed Diesel Bonded Users Permit is issued under Taxpayer number 1-74-6000170-8

5.3. FEDERAL TAXES AND FEES

5.3.1. TxDOT is exempt from federal excise taxes on diesel.

5.3.2. The vendor must provide diesel fuel that is designated for sale as non-taxable.

5.3.3. A Federal Excise Tax Exemption Certificate must be provided to TxDOT within 5 business days of contract issuance and at each renewal, if exercised.

5.3.4. Misuse of an exemption certificate by any seller or vendor, or both, shall result in cancellation of the contract.

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6. METHOD OF MEASUREMENT: Will be determined in the order listed below:

6.1. Metered Truck Delivery: TxDOT prefers deliveries be made from vehicles equipped with calibrated truck meters. The TxDOT representative and vendor personnel must read and make note before and after dropping fuel on the delivery documentation. TxDOT representative and vendor personnel must sign off on delivery ticket. Certification of the truck meter must be provided to TxDOT upon request.

6.2. Non-Metered or Truck Transport Delivery: The driver must leave a metered loading report, Truck BOL, and manifest from the loading terminal with the TxDOT representative.

If gallons listed on the BOL are greater than what actual tank capacity will hold at time of delivery, the vendor will deliver the remaining fuel to another location as directed by TxDOT. TxDOT will pay standby time when the vendor is required to go to another TxDOT location to deliver fuel.

Failure to leave the BOL and Manifest or deliver remaining fuel to another location, TxDOT measurement will be used to determine the fuel quantities delivered. TxDOT will be the sole judgement of the number of gallons received.

NOTE: Where a BOL is used and seal is broken on tanker, TxDOT has the right to audit the delivery tickets, and may require an additional measurement be made by TxDOT.

6.3. TxDOT Measurement: If a metered-truck or BOL is unavailable, before the unloading of fuel begins, TxDOT representative and vendor personnel must measure the TxDOT tank(s) to drop fuel and must again measure the tank(s) after the fuel drop.

Notation of measurements must be made on the delivery ticket and signed off by the TxDOT representative and vendor personnel. TxDOT's method of measurement will be used to determine fuel quantities delivered. TxDOT will convert the number of gallons received and make note on the delivery ticket.

TxDOT will be the sole judgement of the number of gallons received.

NOTE: TxDOT representative will convert tank inches while the driver is on site and provide a copy of the converted readings to the vendor personnel.

Revised October 2023

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TERMS AND CONDITIONS

PART 1. INTRODUCTION

1.01 GENERAL: These Terms and Conditions apply to the solicitation for goods and/or services [whether a Request for Quote (RFQ), Invitation for Bid (IFB), Request for Offer (RFO) or Request for Proposal (RFP)] offered by the Texas Department of Transportation (TxDOT) (“solicitation”) and any contract issued by TxDOT resulting from the solicitation (“purchase order” or “contract”). The term “response” or “bid” means the proposal, quote, bid, or offer made to TxDOT in response to the solicitation. The term “respondent” or “bidder” means the party who submits the response to the solicitation, including the vendor. The term “vendor” or “contractor” means the party listed as vendor in the contract. Any reference to time in the solicitation or contract shall mean central time.

1.02 STATUTORY AUTHORITY: The solicitation and contract are authorized by Government Code Title 10, Subtitle D (the “Purchasing Act”). The solicitation and contract are subject to all applicable requirements of the Purchasing Act [in particular, Government Code Chapter 2151 (General Provisions), Chapter 2155 (Purchasing: General Rules and Procedures), Chapter 2157 (Purchasing: Purchase of Automated Information Systems), and Chapter 2161 (Historically Underutilized Businesses, “HUBs”)] and those requirements established by rule of the Texas Comptroller of Public Accounts (CPA), Statewide Procurement Division (SPD), as contained in Title 34, Chapter 20, of the Texas Administrative Code (“TAC”), and to other applicable federal and state statutes and rules herein cited. Any references in this contract to the “Government Code” mean the Texas Government Code.

1.03 TITLE VI ASSURANCE: TxDOT, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and 49 C.F.R. Part 21 and 28 CFR §50.3 (for purposes of this section and §6.10 only, the “Acts” and the “Regulations,” respectively), hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

Nondiscrimination programs require that federal-aid recipients, sub-recipients, and contractors prevent discrimination and ensure nondiscrimination in all their programs and activities, whether those programs and activities are federally-funded or not.

1.04 ENVIRONMENTAL IMPACT: It is TxDOT’s intent to purchase goods, equipment, and services having the least adverse environmental impact within the constraints of statutory purchasing requirements, departmental need, availability, and sound economic considerations in accordance with 34 TAC §20.306 and 20.307.

1.05 COMPLIANCE WITH LAWS: Vendor must comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting contract performance, including, if applicable, laws and regulations regarding workers’ compensation, minimum and maximum salaries and wages, prompt payment, and licensing. Vendor must maintain all licenses and certifications required by law or by the contract throughout the term of the contract. When required, vendor must furnish TxDOT with satisfactory proof of its compliance.

PART 2. GENERAL INSTRUCTIONS

2.01 SPECIFICATIONS

(a) Respondent must carefully examine the solicitation. Respondent is responsible for securing any additional information from the TxDOT purchaser needed to gain a clear and full understanding of TxDOT’s requirements.

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(b) TxDOT will not be bound by any oral statement or representation contrary to the written specifications of the solicitation. Any revision, clarification, or interpretation pertaining to the solicitation will be in writing and issued by TxDOT as an addendum. Any change or interpretation not in an addendum will not legally bind TxDOT. Any addendum must be issued through TxDOT’s Procurement Division.

(c) The goods furnished or services performed shall be in accordance with the specifications set forth in the solicitation and with these Terms and Conditions. TxDOT will provide clarification of the specifications and determine the quality and acceptability of goods furnished or work performed.

If the solicitation is for a service, TxDOT will determine the manner of performance, the rate of progress of the work, and whether vendor’s performance of the service is acceptable.

(d) Any catalog, brand name, or manufacturer’s reference used in the solicitation is descriptive only (not restrictive) and is used to indicate type and quality desired. Responses on brands of like nature and quality will be considered unless advertised as proprietary or sole source under Government Code §2155.067. Respondent must show manufacturer, brand or trade name, and other description of the product offered in response to the solicitation. If offer is for other than example(s) shown in the solicitation, include illustration(s) and complete description(s) of product(s) in the response to the solicitation. If respondent takes no exception to specifications or reference data in the response, vendor will be required to furnish brand names, numbers, etc., as specified.

(e) Unless otherwise specified, all goods offered must be new and in first-class condition, including shipping and storage containers. Verbal agreements to the contrary will not be recognized.

(f) Manufacturer’s standard warranty must apply unless otherwise stated in this solicitation.

(g) All electrical items must meet all applicable OSHA standards and regulations and bear the appropriate listing from UL, FMRC, or NEMA.

(h) Any iron or steel product produced through a manufacturing process and used in the project must be produced in the United States, to the extent required by Government Code Chapter 2252, Subchapter F. That Subchapter generally applies to contracts to (A) construct, remodel, or alter a building, a structure, or infrastructure; (B) supply a material for a project described by subsection (A); or (C) finance, refinance, or provide money from funds administered by a governmental entity for a project described by subsection (A).

2.02 RESPONSE SUBMISSIONS

(a) Response must be submitted as noted in the solicitation.

(b) Response must be time stamped in TxDOT’s mail room or hand-delivered to the address on the solicitation before the hour and date specified for the solicitation opening. Late responses will not be considered under any circumstances and will be returned unopened to respondent.

(c) Documentation provided with the response should be complete and comprehensive. TxDOT will not be responsible for locating or securing information not included in the response. Failure to furnish required documentation with the response may result in the response being deemed incomplete and non-responsive, resulting in rejection. TxDOT will not be responsible for any expenses relating to responses or development of documentation that may result from this solicitation.

(d) Failure to sign the solicitation will disqualify the response. The person signing the response must have authorization to contractually bind the company. The solicitation response must include an Employer Identification Number (EIN) and full firm name and address. The EIN should be entered in the space provided on the solicitation.

(e) Facsimile (Fax) responses will not be considered unless otherwise stated in the solicitation. Fax responses must be received before the hour and date specified for the solicitation opening.

TxDOT will not be responsible for failure of electronic equipment or operator error. Responses that are late, illegible, incomplete, or otherwise non-responsive will not be considered.

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(f) Email responses may be accepted if stated on the solicitation. Email responses must be received before the hour and date specified for the solicitation opening and be in Portable Document Format (PDF) (except for pricing schedules, which must be submitted in Excel format using the pricing spreadsheet developed by the department). All attached documents together must not exceed a total of 20 MB, must be signed by respondent, and be attached to the email to be considered for award. TxDOT will not be responsible for failure of electronic equipment, operator error, or system delays or outages. Responses that are late, illegible, incomplete, file-corrupted, flagged as a virus, or otherwise non-responsive will not be considered.

(g) RESPONDENT EXCEPTIONS OR CONDITIONED RESPONSES: Exceptions taken by respondent to TxDOT’s Terms and Conditions, or respondent’s Terms and Conditions attached to a response, will not be considered unless specifically referred to and clearly identified as such within the response, including, without limitations, exceptions related to software maintenance and usage or equipment maintenance services. TxDOT may reject a response that takes exception to TxDOT’s Terms and Conditions.

(h) TxDOT reserves the right to accept or reject all or any part of any response, waive minor technicalities, and make an award to best serve the interests of the state. TxDOT reserves the right to reject any response not prepared and submitted in accordance with the solicitation requirements.

(i) Response should indicate number of days required to deliver goods, or begin service (if required), at TxDOT’s designated location. Failure to indicate delivery time obligates vendor to complete delivery in fourteen (14) calendar days.

(j) Samples, when requested, must be furnished at no cost to TxDOT. TxDOT may perform tests on samples. If not destroyed in testing, samples will be returned upon request at respondent’s expense. Each sample must be marked with respondent’s name and address and TxDOT solicitation number. Samples must not be enclosed or attached to a response unless specified in the solicitation.

(k) The response, including price, is irrevocable for 120 calendar days following the hour and date specified for the solicitation opening. TxDOT may extend this period with respondent’s written agreement.

2.03 PRICING

(a) TxDOT’s automated purchasing system requires pricing to be submitted per unit and extended by multiplying the submitted price by the quantity. Unit prices govern in the event of extension errors. If a trade discount is offered on the solicitation response, it should be deducted, and net line extensions should be shown.

(b) All purchases are on a firm, fixed price basis unless otherwise stated in the solicitation.

(c) Vendor must not increase price(s) during the term of the contract unless otherwise stated in the contract. Vendor must give price reductions to TxDOT that result from reduced cost to vendor during the term of the contract.

(d) All prices must be F.O.B. destination, freight prepaid and allowed. This means vendor must prepay the freight charges and include them in the unit price.

(e) Purchases made for state use are exempt from state and local sales tax and federal excise tax.

Do not include tax in response pricing unless otherwise specified in the solicitation. State Sales Tax and Federal Excise Tax Exemption Certificates will be furnished by TxDOT on request.

(f) The contract may contain a “Total Cost Not to Exceed” statement. Vendor must not perform any work that may exceed either the contract total or the not-to-exceed total without prior written authorization from TxDOT.

(g) Consistent and continued tie response pricing may lead to rejection of the responses by TxDOT and investigation for antitrust violations.

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2.04 ADA CONSIDERATIONS AND NOTIFICATION: Persons with special needs or disabilities who plan to attend any pre-response conference or bid opening and who require auxiliary aids or service should contact the purchaser noted on the solicitation as the point-of-contact a minimum of three (3) business days prior to the meeting so arrangements can be made.

2.05 RESPONSE OPENINGS AND DISCLOSURE OF INFORMATION

(a) At the time of opening for RFOs or RFPs, only the names of respondents will be announced.

Prices will not be disclosed.

(b) At the time of opening for RFQs and IFBs, names of respondents will be announced, and pricing disclosed.

(c) Information submitted in an accepted response will not be returned to respondent. Government Code Chapter 552 (the “Public Information Act”) allows the public to have access to information in the possession of a governmental body through an open records request. Therefore, respondent must clearly identify in the response any confidential or proprietary information. Proprietary information identified by respondent in the response will be kept confidential by TxDOT to the extent permitted by state law. TxDOT will use best efforts to give respondent or vendor an opportunity to present to the Office of the Attorney General its arguments for non-disclosure of its identified confidential or proprietary information.

2.06 ALTERATIONS OR WITHDRAWAL OF RESPONSES

(a) Any alterations to a response made before the opening date and time must be initialed by respondent or authorized agent. Response cannot be altered or amended after the opening date and time.

(b) A response may be withdrawn if requested in writing prior to the opening or closing date and time.

A response may be withdrawn from consideration after the opening date only with the approval of TxDOT based on respondent’s written, acceptable reason. The response will not be considered for award but will be retained by TxDOT according to the response information confidentiality provision referenced in §2.05 (c).

2.07 DETERMINING AWARD: A response to a solicitation is an offer to contract with TxDOT based upon the terms, conditions, and specifications contained in the solicitation. Responses do not become contracts unless and until they are accepted through an authorized TxDOT designee by issuance of a contract. In determining the best value for the state, the purchase price and whether the goods or services meet specifications are the most important considerations, unless otherwise stated in the solicitation.

(a) BEST VALUE CRITERIA FOR PURCHASE OF GOODS OR SERVICES: When specified in the solicitation, the factors listed in Government Code §2155.074 will be considered in making a best value award. This section allows TxDOT to apply best value criteria to obtain goods and services that provide the best value for TxDOT. Under these guidelines, a respondent is not automatically awarded a contract if they submit the lowest bid response. TxDOT will be the sole judge as to which response is the most advantageous and in the best interest of TxDOT.

Factors, other than price, that may be considered in making an award:

(1) Installation costs.

(2) Life cycle costs.

(3) Quality and reliability of goods and services.

(4) Delivery terms.

(5) Indicators of probable vendor performance under the contract such as past vendor performance, the vendor's financial resources and ability to perform, the vendor's experience or demonstrated capability and responsibility, and the vendor's ability to provide reliable maintenance agreements and support.

(6) Cost of any employee training associated with a purchase.

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(7) The effect of a purchase on agency productivity.

(8) The impact of a purchase on…