ESBD_File_344084_24-12 Bid Gasoline, Unleaded and Clear Diesel Fuel.pdf

INVITATION FOR BID

24-12

GASOLINE, UNLEADED AND CLEAR DIESEL FUEL

City of Killeen

802 N 2nd St

Killeen, TX 76541

RELEASE DATE: December 4, 2023

DEADLINE FOR QUESTIONS: December 14, 2023

RESPONSE DEADLINE: December 21, 2023, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/killeentexas https://procurement.opengov.com/portal/killeentexas

City of Killeen

INVITATION FOR BID

Gasoline, Unleaded and Clear Diesel Fuel

I. Notice to Bidders II. Information and Instructions to Bidders

III. City of Killeen General Terms and Conditions IV. Bid Specifications V. Vendor Questionnaire

Attachments:

A - 24-12 Contract rev 2

B - 24-12 Bid Tab

Invitation For Bid #24-12 Title: Gasoline, Unleaded and Clear Diesel Fuel

1. Notice to Bidders

1.1. Summary

BID NO. 24-12

Gasoline, Unleaded and Clear Diesel Fuel

CITY OF KILLEEN, TEXAS

Notice is hereby given that the City of Killeen will receive sealed bids for Gasoline, Unleaded and Clear Diesel Fuel electronically through the City’s OpenGov e-bidding site or addressed to the City of Killeen, Attn: Purchasing Division, 802 N. 2nd Street, Building E, 2nd Floor, Killeen, Texas 76541, until 3:00 pm on Thursday, December 21, 2023. Mailed bid submissions must be plainly marked with the name and address of the bidder and “BID NO. 24-12, Gasoline, Unleaded and Clear Diesel Fuel, 3:00 pm on Thursday, December 21, 2023”.

Submittals received after the closing time will be returned unopened.

Vendors may register and submit bids electronically at https://procurement.opengov.com/login.

Bids will be opened and read aloud through Zoom online video conferencing fifteen (15) minutes after the 3:00 pm on Thursday, December 21, 2023; Zoom access is shown below. The general public will not be allowed inside the facility.

Zoom access:

For viewing follow;

https://us02web.zoom.us/j/3397887656?pwd=Z0VWU1czOGRpQ245enJWS1hCSnJJUT09&omn=875387 14216

Call: 1-346-248-7799

Meeting ID: 339 788 7656

Password: 04142020

A pre-bid conference will not be held.

Bid questions will be accepted on the OpenGov E-Bidding site (https://procurement.opengov.com/login), through Thursday, December 14, 2023, at 3:00 pm.

Questions will be answered in the form of an addendum and posted on the OpenGov E-Bidding site. It is the bidder’s/proposer’s responsibility to obtain and acknowledge all addendums.

Complete information regarding this solicitation may be obtained from the City of Killeen website (https://www.killeentexas.gov/414/Purchasing), Demand Star (http://www.demandstar.com/), ESBD (http://www.txsmartbuy.com), and OpenGov E-Procurement Portal (https://procurement.opengov.com/login).

https://procurement.opengov.com/login https://us02web.zoom.us/j/3397887656?pwd=Z0VWU1czOGRpQ245enJWS1hCSnJJUT09&omn=87538714216 https://us02web.zoom.us/j/3397887656?pwd=Z0VWU1czOGRpQ245enJWS1hCSnJJUT09&omn=87538714216 https://procurement.opengov.com/login https://procurement.opengov.com/login https://www.killeentexas.gov/414/Purchasing) http://www.demandstar.com/) http://www.txsmartbuy.com/ https://procurement.opengov.com/login)

The City of Killeen reserves the right to reject any or all bids and waive any irregularities.

CITY OF KILLEEN, TEXAS

Lorianne Luciano

Director of Procurement and Contract Management

1.2. Contact Information

Genevieve Grant Procurement Specialist (Solicitations & Contracts) 101 N College St Killeen, TX 76541 Email: ggrant@killeentexas.gov Phone: (254) 501-7723

Department:

Aviation

1.3. Timeline

Release Project Date December 4, 2023

Question Submission Deadline December 14, 2023, 3:00pm

Proposal Submission Deadline December 21, 2023, 3:00pm Submit solicitation documents electronically on OpenGov (https://procurement.opengov.com/login)

OR

Mailed or delivered submissions:

City of Killeen, Attn: Purchasing Division, 802 N. 2nd Street, Building E, 2nd Floor, Killeen, Texas 76541 mailto:ggrant@killeentexas.gov tel:(254)501-7723 https://procurement.opengov.com/login

Bid Opening December 21, 2023, 3:15pm Bids will be opened and read aloud through Zoom online video conferencing.

The general public will not be allowed inside the facility.

Zoom access:

For viewing follow;

https://us06web.zoom.us/j/3397887656?pwd=Z0V WU1czOGRpQ245enJWS1hCSnJJUT09

Call: 1-346-248-7799 Meeting ID: 339 788 7656 Password: 04142020

Contractor Selection Date February 13, 2024 https://us06web.zoom.us/j/3397887656?pwd=Z0VWU1czOGRpQ245enJWS1hCSnJJUT09 https://us06web.zoom.us/j/3397887656?pwd=Z0VWU1czOGRpQ245enJWS1hCSnJJUT09

2. Information and Instructions to Bidders

2.1. Preparation of Bids:

This is your notice that sealed bids for Gasoline, Unleaded and Clear Diesel Fuel are subject to the Terms and Conditions of this Invitation for Bids (General Terms and Conditions attached hereto) and such other contract provisions, specifications or other data as are attached to this Bid (known as the bid packet), will be received electronically through the City’s OpenGov e-bidding site or addressed to the City of Killeen, Attn: Purchasing Division, 802 N. 2nd Street, Building E, 2nd Floor, Killeen, TX, 76541, until the hour of 3:00 pm., Thursday, December 21, 2023. At exactly 15 minutes after the closing time, the bids will be opened and read aloud in the Purchasing Office via Zoom online video conferencing. The general public will not be allowed inside the facility. Any bid received after the closing time will be returned unopened. No late bids will be accepted. All bids shall be submitted as listed below. Complete bids received by electronic mail or by facsimile (fax) will not be considered.

Bidders are encouraged to submit bids electronically, however, if submitted by mail or hand delivered, one (1) original, signed, and initialed in ink (not pencil), and one (1) electronic copy on a flash drive of the entire bid packet shall be submitted at the above location prior to the bid deadline. All bidder markings on the bid packet shall be in a legible format in English. Any non-legible markings may make the bid non-responsive and disqualify your bid submission. All errors or changes in the bid shall be corrected by striking through the error or change once with ink. The bidder shall initial next to each correction made. All corrections shall be complete and final before submitting your bid by the stated deadline. Bidders shall submit at least three (3) businesses as references of the proposed item, with addresses, telephone numbers, and contact persons.

The City of Killeen (or "City") reserves the right to reject any or all bids and evaluate any or all project/service prior to bid award. Bid documents must be complete and sealed in an envelope when received by the Purchasing Office. Bids must be plainly marked on the outside of the envelope as follows: 24-12, Gasoline, Unleaded and Clear Diesel Fuel. All bidder submissions shall also have the bidders name with contact information marked on the outside of the envelope.

In the case of inclement weather or any other unforeseen event causing the City to close for business or delay opening, bids will be received and opened the following business day at the designated time stated herein. For example, if bids are due on Wednesday at 2:00 p.m. and the City is closed on Wednesday for bad weather or an unforeseen event, the bids will be accepted until Thursday, 2:00 p.m.

or if bids are due at 2:00 p.m. on Wednesday, but the City opened at 10:00 a.m. on Wednesday due to bad weather or an unforeseen event, then bids will be accepted until Thursday, 2:00 p.m.

Any questions or requests for clarification must be submitted to the OpenGov e-bidding site prior to 3:00 pm on Thursday, December 14, 2023. All responses to the questions will be posted the City’s OpenGov e-bidding site in addendum format. Unauthorized contact regarding this Invitation to Bid with any City of Killeen employees or contractors may result in disqualification. Any oral communications will be considered unofficial and non-binding on the City of Killeen. Bidders should rely only on written statements issued by the Director of Procurement and Contract Management.

2.2. Term:

Contract term shall be for a two-year (2) period and may be extended for two (2) one (1) year periods if so agreed to by both parties. If the City or bidder should decline any renewal period or after the exhaustion of the entire contract term, the City may request up to an additional sixty (60) days past any contract term to advertise and award a new bid for such items without any pricing adjustments.

2.3. Pricing & Term Renewals:

Pricing shall remain firm during the initial term of the contract. If the bid is renewed for additional period(s), additional purchases may be made during the subsequent periods. At the time of contract renewal, price increases will be considered by the City only as a result of a tax increase. The amount bid for profit must be a firm fixed unit amount per gallon during the contract; the profit shall be set to four

(4) decimal places and shall be identified in the vendor’s bid. This per gallon profit shall include any and all costs involved with the supply and delivery of gasoline or diesel to the Airport to include any applicable Taxes and the Petroleum Product Delivery Fee. This amount per gallon must be entered in on the bid sheet.

SAMPLE VENDOR PRICING:

GASOLINE, UNLEADED, 87 OCTANE, WITH A MAXIUM 10% ETHANOL

TRANSPORT TRUCK DELIVERY (TTD)

(A) (B) (C) (D)

OPIS

$ / GALLON

Tax / per gallon

PROFIT

PER GALLON

TOTAL UNIT PRICE

$.200 (St. Tax) $.184 (Fed. Gas Tax) $.384 Total Tax

DIESEL, CLEAR

(A) (B) (C) (D)

$ / GALLON

Tax / per gallon

PROFIT

TOTAL UN

PRICE

PER GALL

$.200 (St. Tax)

This bid proposal is for a MARGIN that includes overhead and profit to be in addition to the base price per gallon of fuel. The base price includes the daily rack average of the supplying refinery, and applicable taxes. The successful bidder will be expected to supply proper documentation of the base price with their statement of charges. Gasoline and Diesel fuel shall be delivered within 24 hours of ordering by the Airport. Delivery times shall be Monday through Friday 7am - 4pm.

The Airport’s Fuel Station is located at 8101 Clear Creek Rd. At this location are (1) one 3,000-gallon Unleaded Gasoline fuel tank and (1) one 500-gallon Diesel fuel tank. Approximate annual order quantities are 40,000 gallons of unleaded gasoline and 5000 gallons of clear diesel. An average order consists of 1,500 gallons of unleaded gasoline and 180 gallons of diesel.

Any price increase due to change orders from initial scope of work shall be passed onto the City at par without any additional profit, markup or overhead. Any price increase shall be requested by the successful bidder, in writing, and accompanied with the appropriate documentation to justify the increase, prior to sixty (60) days before the additional work is performed. If the bidder fails to give timely notice, prices may not be increased. The aggregate service price increase shall be limited to ten percent (10%) for any contract period extension. The successful bidder may offer price decreases of any type at any time.

If during any term of this contract, the bidder should enter into any contract with another municipality within Texas for commodities or services with similar scope of work with rates more favorable than those granted to the City of Killeen, the bidder agrees to modify this contract to include such more favorable rates. It is recommended that the bidder provide any rate reduction or discount voluntarily.

Any request in price change with supporting documentation shall be sent to the following address only:

City of Killeen

Attn: Purchasing Department

802 N 2nd Street

Building E, 2nd Floor

Killeen, TX 76541

Or

Email: Purchasing@KilleenTexas.gov

On the outside of the envelope or subject line of the email, please write “Price Change Notification 24- 12”

2.4. Responses/Property of the City of Killeen:

All materials submitted in response to this request become the property of the City of Killeen. Selection or rejection of a response does not affect this right.

2.5. No Obligation to Buy:

The City of Killeen reserves the right to refrain from contracting with any bidder. The release of this solicitation does not compel the City of Killeen to purchase.

2.6. Cost of Preparing Bids:

The City of Killeen is not liable for any costs incurred by bidders in the preparation and presentation of bids and demonstrations submitted in response to this Invitation to Bid.

2.7. Withdrawal of Bid:

A bidder may withdraw a bid that has been submitted at any time up to the bid opening due date and time. To accomplish this, a written request signed by an authorized representative of the bidder shall be submitted to LLuciano@KilleenTexas.gov. Once the bids are opened, all bids shall be valid for a period of ninety (90) days after the bid opening. The City reserves the right to withdraw this Invitation for Bid for any reason.

2.8. Bidding Error:

The City of Killeen will not be liable for any errors in any bidders bid. Bidders will not be allowed to alter bids after the deadline for the submission of bids.

When, after the opening and tabulation of bids, a bidder claims error, and requests to be relieved of award, the bidder will be required to promptly present corrected data in writing signed by an authority figure with the company. This written response shall be received by the Purchasing Division within two

(2) business days after the stated bid open time and date. The Purchasing Division will review the data and if the City is convinced, by clear and convincing evidence, that an honest, mathematically excusable mailto:LLuciano@KilleenTexas.gov error or critical omission of costs has been made, and said error is legally excusable, the bidder may be relieved of its bid. The City will decide within ten (10) business days of receipt of the written response and notify the bidder of the outcome.

2.9. Single Bid Response:

A single response to this solicitation may be deemed a failure of competition and in the best interest of the City of Killeen, the response received may be rejected.

2.10. Award of Bid:

The City will award the bid, if any, in a manner described in section 3.10 of the General Terms and Conditions. The anticipated date of the notice of award is February 13, 2024.

2.11. Samples:

Brands and part numbers, where listed, are used for specification references only, unless otherwise stated, and are not intended to limit consideration of an approved equal. Descriptive information and/or a sample may be requested and shall be provided at no cost to the City to determine equality of substituted products.

2.12. Equal Clause:

Whenever an article or material is defined by describing a proprietary type product, or by using the name of a manufacturer or vendor, the term “or equal” if not inserted, shall be implied. The specific item mentioned shall be understood as indicating the type, function, minimum standard of design, efficiency, and quality desired, and shall not be construed in such a manner as to exclude manufacturer’s products of comparable quality, design, and efficiency.

2.13. Specifications:

Any reference to model/make/manufacturer used in bid specifications is descriptive, not restrictive. It is used to indicate the type and quality desired. Bids on items of like quality will be considered unless indicated by stating no substitutions allowed. The bidder shall note in writing any deviations from the specifications and shall submit those changed specifications as alternates.

2.14. City of Killeen Rights:

The City of Killeen reserves the right to accept or reject any and all bids, to award the contract for any items as it may appear advantageous to the City, and to waive any informalities or irregularities in the process.

2.15. Estimated Quantities:

Quantities listed are estimates and the City may increase or decrease the number of items needed.

These estimated quantities shall not be construed as a minimum or a maximum quantity that the City of Killeen may need.

2.16. Minimum Qualifications:

Vendors must have a minimum of two years of continuous operation in providing requested services.

2.17. Responsibilities of Vendors and Manufacturers:

The responsibility for compliance with these specifications shall lie with the vendors and the manufacturers. Vendors and/or manufacturers are expected to provide prompt service that is due under warranty.

Prices in the Bid Packet may not be withdrawn during the contract period. In the event of non-compliance, the City of Killeen reserves the right to purchase elsewhere and charge the difference in price to the contracted vendor.

2.18. Payment:

The City shall be billed only for the services awarded in this bid. The City of Killeen is sales tax exempt.

The bidder shall have the capability to invoice accurately, making any corrections on the original invoice.

Invoices shall be correct when received with the prices shown within your bid submission.

If a discrepancy is found on any invoice, the City department will phone your customer service point of contact for correction. Payment will be made within 30 days of receipt of an accurate invoice unless the bidder has provided discount payment terms such as 2% 15 net 30 days. No down payment or advance payment of any kind shall be made. In no circumstances should any invoice dispute last longer than thirty (30) days.

All invoices shall be submitted to the Killeen Regional Airport, 8101 Clear Creek Rd, Box C, Killeen TX 76549.

Bidders shall list any rebate opportunities they choose to provide the City in a section clearly labeled at the end of their bid submission.

2.19. Delivery Information:

Deliveries shall be made to the Killeen Regional Airport, 8101 Clear Creek Rd, Killeen TX 76549, within 24 hours after calling in a fuel order. Delivery can be scheduled Monday through Friday between the hours of 7:00 a.m. and 4:00 p.m. The Aviation Department shall have the ability to schedule the best date and time of the week for their deliveries.

2.20. Copyright Materials:

Materials listed in your bid submission that are copyrighted shall be listed clearly under a copyrighted materials section within your bid submission.

2.21. Non-Endorsement:

As a result of the selection of a bidder to supply products and/or services to the City of Killeen, the City of Killeen is neither endorsing nor suggesting that the bidder’s product is the best or only solution. The bidder agrees to make no reference to the City of Killeen in any literature, promotional material, brochures, sales presentation or the like without the express written consent of the City of Killeen.

2.22. Organization of Your Bid Submission:

Your bid submission shall be organized in the format shown within this bid. Any exception(s) or additional information provided shall be referenced in your bid submission behind the bid packet.

3. City of Killeen General Terms and Conditions

In this general conditions document, Invitation to Bid (ITB) and Request for Proposal (RFP) are interchangeable. The terms “bid” and “proposal” are synonymous, as are the terms “contract,” “agreement” and “purchase order.” The terms “Bidder,” “Proposer,” “Supplier” and “Contractor” are also used interchangeably, and each shall apply to the business entity which submits a bid / proposal or is awarded a contract.

3.1. General Conditions

Bidders are required to submit their Bid upon the following express conditions:

A. Bidders shall make all investigation necessary to thoroughly inform themselves regarding plant and facilities for delivery of material and equipment as required by the Bid conditions. No plea of ignorance by the bidder of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the bidder to make the necessary examinations and investigations, or failure to fulfill in every detail the requirements of the contract documents, will be accepted as a basis for varying the requirements of the City or the compensation to the bidder.

B. Unless specifically stated otherwise in the specifications, only new products or equipment will be acceptable.

3.2. Preparation of Bid

Bid will be prepared in accordance with the following:

A. All information required by the Bid shall be furnished. The bidder shall print or type his/her name and manually or electronically sign the Bid and each continuation sheet on which an entry is made.

B. Unit prices shall be shown and where there is an error in extension of the price, the unit price shall govern.

C. Alternate Bids will not be considered unless authorized by the City within the specifications.

D. Proposed delivery time must be shown and shall include weekends and holidays if requested by the City.

E. The City qualifies for exemption from State and Local Sales and Use Taxes pursuant to the provision of Article 20.04(f) of the Texas Limited Sales, Excise and Use Tax Act. Taxes normally levied on the purchase, rental and lease of materials, supplies and equipment used or consumed in performance of the Contract may be exempted by issuing to suppliers an exemption certificate in lieu of tax. Exemption certificates comply with State Comptroller of Public Accounts Ruling No. 95-0.07. Any such exemption certificate issued in lieu of tax shall be subject to State Comptroller of Public Accounts Ruling No. 95-0.09, as amended. Failure by the Bidder or the bidder’s Subcontractors to take advantage of the City’s exemption and to obtain such exemption certificate shall make him responsible for paying taxes incurred on materials furnished on the Project without additional cost to or reimbursement by the City.

3.3. Description of Supplies

Any catalog of manufacturer's reference used in describing an item is merely descriptive, and not restrictive, unless otherwise noted, and is used only to indicate type and quality of material. Bidders are required to state exactly what they intend to furnish; otherwise, they will be required to furnish the item as specified.

3.4. Submission of Bid

By submitting your Bid, you acknowledge that the City of Killeen will not accept any Bid, or execute any submitted contract in conjunction with a Bid that requires the City to agree to any of the following:

• Governing law other than the law of the State of Texas

• Venue other than Bell County

• Mandatory arbitration

• Artificial limitation of liability

• Artificial statute of limitation

• Waiver of trial by jury

• Indemnify a vendor

A. Bid and changes thereto shall be enclosed in a sealed envelope addressed to the Purchasing Office, City of Killeen. The names and address of Bidder, the date and hour of the Bid opening and the Bid number shall be placed on the outside of the envelope.

B. Bids must be submitted on the forms furnished. Telegraphic Bids will not be considered.

However, Bids may be modified by written notice provided such notice is received prior to the time and date set for the Bid opening.

C. All Bid documents shall be sealed and submitted no later than the specified date and hour of the Bid opening to:

Electronically submit bids to OpenGov E-Bidding Site: (https://procurement.opengov.com/login)

OR

Delivery Address:

City of Killeen

Attn: Purchasing Division 802 N 2nd Street, Building E, 2nd Floor

Killeen, TX 76541

3.5. Rejection of Bid

(a) The City may reject a Bid if:

1. The Bidder mistakes or conceals any material fact in the Bid, or if

2. The Bid does not strictly conform to law or the requirements of the Bid, or if

3. The Bid is conditional, except that the Bidder may qualify his Bid for acceptance by the City as an "All or None" basis.

(b) The City may, however, reject all Bids whenever it is deemed in the best interest of the City to do so, and may reject any part of a Bid unless the Bid has been qualified as provided in section 5(a) 3 above.

3.6. Withdrawal of Bid

A bidder may withdraw a bid that has been submitted at any time up to the due date and time. To accomplish this, mailed or hand delivered bids require a written request signed by an authorized representative of the bidder and emailed to the Director of Procurement and Contract Management at lluciano@killeentexas.gov. Bids submitted on the City's eProcurement Portal can be withdrawn on the City's eProcurement Portal. All bids shall be valid for a period of ninety (90) days after the bid opening.

The City reserves the right to withdraw this Invitation for Bid for any reason.

3.7. Late Bid or Modifications

Bid and modifications received after the time set for the Bid opening will not be considered.

3.8. Clarification or Objection to Bid Specifications

If any person contemplating submitting a Bid for this contract is in doubt as to the true meaning of the specifications, or other Bid documents, or any part thereof, he may submit to Purchasing, a request for clarification by the deadline established in the Bid. All such requests for information shall be made in writing and the person submitting the request will be responsible for its prompt delivery. Any interpretation of the Bid, if made, will be made only by an addendum duly issued. A copy of such addendum will be distributed to all known bidders who have expressed an interest in this bid. The City will not be responsible for any other explanation or interpretation of the proposed Bid made or given prior to the award of the contract. Any objection to the specifications and requirements, as set forth in the Bid documents must be filed in writing with the Purchasing Division by the deadline established in the Bid.

3.9. Discounts

A. Prompt payment discounts will be considered in making the award provided the period of the discount offered is sufficient to permit payment within such period in the regular course of business.

B. In connection with any discount offered, time will be computed from the date of receipt of supplies or services or from the date a correct invoice is received, whichever is the later date.

Payment is deemed to be made on the date of mailing of the check.

https://lluciano@killeentexas.gov

3.10. Award of the Contract

(a) The contract will be awarded to the lowest responsible bidder or if applicable, the responsible bidder who provides goods or services at the most advantageous value for the municipality. “Lowest responsible bidder” means the Bidder submitting the lowest bid meeting all requirements of the specifications, instructions, and terms and conditions of the bid and who has the financial and practical ability to perform all obligations of the Contract fully and reliably, taking into consideration qualifications and past performance of the Bidder. The following are considered examples of performance that is not responsible and may lead to a determination that the Bidder is not responsible:

• Falsification of information provided in bid response;

• Non-observance of safety requirements;

• Failure to meet requirements of federal, state, or local law, as applicable, including employment;

• Substantial failure to adhere to contractually agreed-upon schedules; and

• Poor past performance on City projects such as use of defective materials, refusal to correct defective work not in accordance with contract documents, failure to reasonably resolve disputes, termination for cause, or performance leading to litigation.

Determination of most advantageous Bid for the municipality may be based on, but not limited to:

• Unit price

• Total Bid price

• Terms and discounts

• Delivery date

• Product warranty

• Special needs and requirements of City

• Past experience with product/service

• City's evaluation of the bidder's ability, financial strength, and ethical standards

• Quality of the bidder’s goods or services

• The extent to which the goods or services meet the municipality’s needs

• Bidder's past performance

• Demurrage charges, freight costs and mileage

• Estimated costs of supplies, maintenance, etc.

• Estimated surplus value, life expectancy

• Results of testing samples

• Conformity to specifications

• Training requirements, location, etc.

• Location of maintenance facility/service person; ability to provide for minimum down time

• The total long-term cost to the municipality to acquire the bidder’s goods or services

• Reputation of bidder and of bidder goods and services

(b) The City reserves the right to accept any item or group of items of this Bid, unless the Bidder qualifies his Bid by specific limitation. Reference section 5(a) 3 above.

(c) A written award of acceptance mailed or otherwise furnished to the successful Bidder(s) will then be followed up with a contract/service agreement for review by the City’s legal team, if not otherwise specified within.

(d) Prices must be quoted "F.O.B. Destination (Killeen) with all transportation charges prepaid," unless otherwise specified in the Bid.

(e) If identical Bids are received from two or more bidders and those Bids are the lowest and best Bid, the tie shall be broken in accordance with provisions in Chapter 271.901 of the Texas Local Government Code.

(f) As stated in Section 271.905 (b) of the Texas Local Government Code, “In purchasing under this title any real property or personal property that is not affixed to real property, if a local government receives one or more competitive sealed Bids from a bidder whose principal place of business is in the local government and whose Bid is within three percent of the lowest Bid price received by the local government from a bidder who is not a resident of the municipality, the local government may enter into a contract with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the local government if the governing body of the local government determines, in writing, that the local bidder offers the local government the best combination of contract price and additional economic development opportunities for the local government created by the contract award, including the employment of residents of the local government and increased tax revenues to the local government.”

(g) As stated in Section 271.9051 (b) of the Texas Local Government Code, “In purchasing real property or personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed Bids from a bidder whose principal place of business is in the municipality and whose Bid is within five percent of the lowest Bid price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract for an expenditure of less than $100,000 or a contract for other purchases in an amount of less than $500,000 with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the municipality if the governing body of the local government determines, in writing, that the local bidder offers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality.”

(h) The city reserves the right to purchase from the next most responsible bidder for failure to provide specified material at time of order or if materials are not available at time specified.

3.11. Ex Parte Communication

Please note that to ensure the proper and fair evaluation of a proposal, the City prohibits ex parte communication (e.g., unsolicited) initiated by the Proposer to a City Official or employee evaluating or considering the proposal prior to the time a formal decision has been made. Questions and other communication from proposers will be permissible with only the Director of Procurement and Contract Management until the time and the day specified as the deadline for questions. Any communication between Proposer and the City after the deadline for questions will be initiated by the appropriate City Official or employee in order to obtain information or clarification needed to develop a proper and accurate evaluation of the proposals. Participation in any ex parte communication, whether or not initiated by the Proposer, may be grounds for disqualifying the offending proposer from consideration or award of the solicitation then in evaluation, or any future solicitation.

Additionally, neither the City of Killeen City Council nor City staff, except in the course of City-Sponsored inquiries, briefings, interviews, or presentations, shall initiate any contact with a Proposer or directly discuss or promote any proposal with any Proposers, including their agents and representatives.

3.12. Bid Protest

Any bidder wishing to file a protest concerning alleged improprieties with this solicitation must submit the protest in written format to the Purchasing Division within 5 business days after the specified time of the Bid opening. The formal written protest must identify the name of the bidder contesting the solicitation, the project name and number, and the specific grounds for the protest with all supporting documentation. A response to the protest will be prepared by Purchasing within 10 business days of receipt of the protest. All determinations made by the City are final.

3.13. Termination for Governmental Non-Appropriations

This contract is a commitment of the City’s current revenues only. Should the terms of the Bid require payment of funds over more than the current fiscal year ending September 30, the following shall apply:

(a) For each lease, City represents and warrants: that it has appropriated and budgeted the necessary funds to make all rent payments required pursuant to such lease for the remainder of the fiscal year in which the payment term commences; and that it currently intends to make rent payments for the full lease term as scheduled in the applicable payment schedule if funds are appropriated for the rent payment in each succeeding fiscal year by its governing body. Without contractually committing itself to do so, City reasonably believes that monies in an amount sufficient to make all rent payments can and will lawfully be appropriated; therefore, City agrees to budget requests to include the rent payments payable during each fiscal year in the budget requests presented to City’s governing body for each fiscal year; provided, that City’s governing body retains authority to approve or reject any such budget request. All rent payments shall be payable out of the general funds of the City or out of other funds legally appropriated, therefore. Lessor agrees that no lease will be a general obligation of the City and no lease shall constitute a pledge of either the full faith and credit of the City or the taxing power of the City.

(b) If City’s governing body fails to appropriate sufficient funds in any fiscal year for rent property or other payments due under a lease and if other funds are not legally appropriated for such payment, then a non-appropriation event shall be deemed to have occurred. If a non-appropriation event occurs, then: (1) the City shall give lessor immediate notice of such non-appropriation event and provide written evidence of such failure by the City’s governing body; (2) on the return date, the City shall return to Lessor all of the equipment covered by the affected lease, at the City’s sole expense; (3) the affected lease shall terminate on the return date without penalty to the City; (4) return date means the last day of the fiscal year for which appropriations were made for the rent payments due under a lease.

3.14. Termination of Contract

This contract shall remain in effect until the contract expires, delivery/completion and acceptance of products and/or performance of services ordered, or until terminated by either party with a thirty (30) day written notice prior to any cancellation. All bidders must state therein the reasons for such cancellation. The City reserves the right to award a cancelled contract to the next best offeror as it deems to be in the best interest of the City.

3.15. Assurance of Compliance

For Equal Employment Opportunity and Small and/or Minority Business Enterprise Requirements the bidder agrees that if this Bid is accepted, he/she will not engage in employment practices which have the effect of discriminating against employees or prospective employees because of race, color, religion, national origin, sex, age, handicap, or political belief or affiliation.

3.16. Conflict of Interest Disclosure Questionnaire

The Bidder agrees that if a member of the City Council, a Councilmember’s close relative, or any officer or employee of the City has a financial interest, direct or indirect, or by reason of ownership of stock in any corporation, in any contract with the City, or be financially interested, directly or indirectly, in the sale to the City any land, materials, supplies or services except on behalf of the City, as an officer or employee, the official shall file before a vote or decision on any matter involving the business entity or the real property, an affidavit stating the nature and extent of the interest and shall abstain from further participation in the matter if:

(a) in the case of a substantial interest in a business entity the action on the matter will have a special economic effect on the business entity that is distinguishable from the effect on the public; or

(b) in the case of a substantial interest in real property, it is reasonably foreseeable that an action on the matter will have a special economic effect on the value of the property, distinguishable from its effect on the public.

Chapter 176 of the Texas Local Government Code mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Killeen, including affiliations and business and financial relationships such persons may have with the City of Killeen. An explanation of the requirements of Chapter 176 and complete text of the new law are available at:

https://www.ethics.state.tx.us/forms/conflict/.

https://www.ethics.state.tx.us/forms/conflict/

3.17. Gratuities

It shall be a breach of ethics to offer, give, or agree to give any employee of the City or for any employee of the City to solicit or accept from another person, a gratuity, or an offer of employment in connection with any decision regarding any part of a program requirement, proposal, or purchase request pending before the City.

3.18. Kickbacks

It shall be a breach of ethics for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor for any contract for the City, or any person associated therewith, as an inducement for the award of a subcontract or order.

3.19. Venue for Legal Action

This agreement shall be governed and construed according to the laws of the State of Texas. Venue for purposes of any and all lawsuits, causes of actions, claims or disputes shall be in Bell County, Texas.

3.20. Conflicts in Terms and Conditions for Bids

If any conflicts exist between the Terms and Conditions for Bids and the standard form of agreement between the owner and Bidder, the standard form of agreement between the owner and bidder shall prevail.

3.21. Insurance

All bidders shall have the appropriate amount of insurance while delivering the items once awarded, this coverage shall be present as to cover all losses up until the City accepts the items in writing.

A. Comprehensive General Liability and Property Damage Insurance.

The bidder shall take out and maintain during the life of this Contract such Comprehensive General Liability and Property Damage Insurance as shall protect the City from claims for damages or personal injury, including accidental death, as well as from claims for property damages which may arise from delivering the item under this contract, whether such operations be by himself or by a subcontractor or by anyone directly or indirectly employed by either of them, and the minimum amounts of such insurance shall be as follows:

Bodily Injury

(1) Each Occurrence - $1,000,000

(2) Annual Aggregate - $2,000,000

Property Damage Insurance

(1) Each Occurrence - $1,000,000

(2) Annual Aggregate - $2,000,000

B. Comprehensive Automobile Liability.

Bodily Injury

(1) Each Person - $500,000

(2) Each Accident - $1,000,000

Property Damage

(1) Each Occurrence - $1,000,000

3.22. Disclosure of Interested Parties

Texas Government Code Section 2252.908 requires that parties contracting with governmental entities submit a disclosure of interested parties form for contracts entered into after January 1, 2016.

Successful bidders must process the electronic filing application located on the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/1295/.

A certified copy of the Certificate of Interested Parties Form 1295 must be provided to the City of Killeen prior to City Council approval of the Bid award.

3.23. Acknowledgement – “Boycott Israel”

By signing and submitting this bid the vendor hereby verifies that it does not boycott Israel and will not boycott Israel during the term of this contract. Boycotting Israel is defined in Texas Government Code section 808.001 to mean refusing to deal with, terminating business activities with, or taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.

3.24. Acknowledgement – "Boycott Energy Companies”

By signing and submitting this bid the vendor hereby verifies that it does not boycott energy companies and will not boycott energy companies during the term of the contract. “Boycott energy company” is defined in Texas Government Code section 809.001 to mean, without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company: (A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by Paragraph (A).

3.25. Acknowledgement – “Prohibition on contracts with companies that discriminate against firearm and ammunition industries”

By signing and submitting this bid the vendor hereby verifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of the contract against a firearm entity or firearm trade association.

Discriminate against a firearm entity or a firearm trade association are defined in Texas Government Code section 2274.001 as (A) with respect to the entity or association, to (i) refuse to engage in the https://www.ethics.state.tx.us/filinginfo/1295/ trade of any goods or services; (ii) refrain from continuing an existing business relationship; (iii) terminate an existing business relationship; or (iv) otherwise express a prejudice against the entity or association; and (B) does not include the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories.

4. Bid Specifications

SPECIFICATIONS:

• This contract is for Gasoline, Unleaded, 87 octane with a maximum of 10% ethanol and Clear Diesel.

• Requested product will be delivered to the Killeen Regional Airport within 24 hours after request, holidays excluded.

MINIMUM SPECIFICATIONS

UNLEADED FUEL, DIESEL

INTENT:

City of Killeen intends to contract with a qualified vendor for the purchase and delivery of Gasoline, Unleaded and Clear Diesel. The contract period shall be for a two-year (2) period and may be extended for two (2) one (1) year periods if so agreed to by both parties.

PRICING:

• All transportation and complete delivery charges shall be included in the price bid.

EVALUATION/AWARD:

• This contract covers Gasoline, Unleaded 87 octane, and Clear Diesel.

• Contract is for new, unused products.

VENDOR QUALIFICATIONS:

The primary benefit to the City in contracting for the purchase of petroleum products is to be assured of delivery throughout the contract period at fair market price. Therefore, vendor qualification is paramount, and the City reserves the right to require post bid documentation to the degree felt necessary in order to determine the ability of the bidder to meet all contractual demands. This includes but is not limited to requiring that a “middleman” or Jobber submitting a bid to furnish a letter of agreement from his supplier acknowledging with approval, the estimated volumes to be furnished during the contract period.

ESTIMATATED QUANTITIES & DELIVERY METHODS:

Annual purchase quantities are not guaranteed but are ESTIMATED from at 40,000 to 48,000 gallons for Gasoline and 4,000 to 4,500 gallons for Diesel based upon past usage. Weekly purchases are estimated to be between 150-250 for Diesel and 500-2300 gallons for Gasoline. One delivery per week is anticipated

5. Vendor Questionnaire

5.1. Conflict of Interest Questionnaire (Form CIQ)*

Please download the below documents, complete, and upload.

• Conflict_of_Interest_Questi...

*Response required

5.2. References*

Bidders shall submit at least three (3) businesses as references of the proposed item, with addresses, telephone numbers and contact persons.

Please download the below documents, complete, and upload.

• References.pdf

*Response required

5.3. Certificate of Interested Parties (Form 1295)*

If awarded, vendor must submit the Certificate of Interested Parties Form 1295 online.

Texas Government Code Section 2252.908 requires that parties contracting with governmental entities submit a disclosure of interested parties form for contracts entered into after January 1, 2016.

Successful bidders shall electronically submit the form at the following website:

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm and provide the City with a certified copy prior to Council approval of the award.

Please confirm that you shall file the Certificate of Interested Parties (Form 1295) if awarded the contract.

☐ Please confirm

*Response required

5.4. Acknowledgement – “Boycott Israel*

By submitting this proposal the vendor hereby verifies that it does not boycott Israel and will not boycott Israel during the term of this contract. Boycotting Israel is defined in Texas Government Code section 808.001 to mean refusing to deal with, terminating business activities with, or taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.

☐ Please confirm

*Response required

5.5. Acknowledgement – "Boycott Energy Companies”*

By submitting this proposal the vendor hereby verifies that it does not boycott energy companies and will not boycott energy companies during the term of the contract. “Boycott energy company” is defined https://procure-now.s3.us-west-2.amazonaws.com/shared-sections/production/242/d4645b5a-a7c0-4e59-9b36-9e0a2e52fdd3_Conflict_of_Interest_Questionnaire_%28Form_CIQ%29.pdf?AWSAccessKeyId=AKIARC2J5PZDCCU66EXN&Expires=1701784399&Signature=uSXB8IlLDuPRz9PReb3xIVwHIAA%3D&response-content-disposition=attachment%3B%20filename%3D%22Conflict_of_Interest_Questionnaire_%28Form_CIQ%29.pdf%22 https://procure-now.s3.us-west-2.amazonaws.com/shared-sections/production/242/17054963-8b2a-4ea4-b637-15b21849d6b0_References.pdf?AWSAccessKeyId=AKIARC2J5PZDCCU66EXN&Expires=1701784399&Signature=1O8fRN5jqt6C5f6fzE8NJlbP76g%3D&response-content-disposition=attachment%3B%20filename%3D%22References.pdf%22 in Texas Government Code section 809.001 to mean, without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company:

(A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by Paragraph (A).

☐ Please confirm

*Response required

5.6. Acknowledgement – “Prohibition on contracts with companies that discriminate against firearm and ammunition industries”*

By submitting this proposal the vendor hereby verifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of the contract against a firearm entity or firearm trade association.

Discriminate against a firearm entity or a firearm trade association are defined in Texas Government Code section 2274.001 as (A) with respect to the entity or association, to (i) refuse to engage in the trade of any goods or services; (ii) refrain from continuing an existing business relationship; (iii) terminate an existing business relationship; or (iv) otherwise express a prejudice against the entity or association; and (B) does not include the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories.

☐ Please confirm

*Response required

5.7. Antitrust Law Certification*

The vendor hereby certifies that neither the vendor nor the entity represented by the vendor, or anyone acting for such entity has violated the antitrust laws of the State of Texas, codified in Section 15.01 et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly, prior to the solicitation opening with any competitor or any other person engaged in such line of business.

☐ Yes ☐ No

*Response required

5.8.