PUBLIC NOTICE

The Howard County Auditor is accepting bids for Bulk Fuel Services.

Specifications may be obtained in the County Auditor’s Office, in the Courthouse, 300 S. Main St., Room 101, Big Spring, TX, or by calling 432-264-2210. You may also visit our website at https://www.co.howard.tx.us/1207/County-Auditor

Bids must be received by 10:00 A.M. on Thursday, September 10, 2026, and will be opened at that time.

Bids may be Emailed to bids@howardcountytx.gov

Bids may be mailed to: Howard County Auditor P.O. Box 1949 Big Spring, Texas 79721-1949

Bids may be delivered to: County Auditor’s Office, 300 S. Main St., Room 101, Howard County Courthouse, Big Spring, TX, Bids will be presented to the Commissioner’s Court at 10:00 A.M. on Monday, September 14, 2026 (or the next scheduled Court meeting) for their consideration.

The Court reserves the right to reject any or all bids.

HOWARD COUNTY, TEXAS

Randy Johnson, County Judge

300 S Main St., Big Spring, TX 79720 432-264-2202

BID NUMBER: 2027-001

INVITATION TO BID

ITEM: BULK FUEL SERVICES

Due Date/Opening: Thursday, September 10, 2026 @ 10:00 a.m.

Date Awarded: Monday, September 14, 2026 @ 10:00 a.m.

Location: Howard County Commissioners Court Room 300 S Main St., Big Spring, TX 79720

Specifications and required submittal forms are attached or may be obtained by contacting the Howard County Auditor’s Office, Howard County Courthouse, 300 S Main St., Room 101, Big Spring, TX 79720 (432) 264-2210). You may also visit our website at www.co.howard.tx.us/1207/County-Auditor Eligible bids must be submitted on the form provided by the County. Bids must be sealed and identified on the exterior of the envelope as “Bulk Fuel Services” and received at the office of the County Auditor by Thursday, September 10, 2026, at 10:00 a.m. Bids will be publicly opened and read aloud at the Howard County Courthouse at 300 S Main St.

The subject bids will be awarded in the Howard County Commissioners Court session to be held on Monday, September 14, 2026, at 10:00 a.m. in the Howard County Commissioners Courtroom, 3rd floor of the Howard County Courthouse, Big Spring, TX. Contract for work will be awarded to the successful bidder in accordance with the law for receiving bids for such work. The Howard County Commissioners Court reserves the right to reject any and all bids or to accept the bid deemed to serve the best interest of the County.

HOWARD COUNTY

Instructions to Bidder – General Terms & Conditions

Please initial _________ Invitation to Bid Bulk Fuel Services Page 2

1. Bids are solicited for the furnishing of fuel set forth in this invitation to bid. Completed bid proposals must be received in the County Auditor’s Office, Big Spring, TX 79720 by the deadline stated above. Bids may made through the following methods:

Hand delivered to: 300 S Main St., Room 101, Howard County Courthouse, Big Spring, TX.

Mailed to: P.O. Box 1949, Big Spring, TX 79721.

All physical bids must be in a sealed envelope clearly marked with the bid item and opening date on the outside of the envelope

Emailed to: bids@howardcountytx.gov Attach the form as a PDF and only as a PDF.

Handwritten signature is required. Subject is “Bulk Fuel Services”. This mailbox is unmonitored until bid opening, but you should receive an automated response indicating the time and date your submission was made.

In the case of revisions or addendums, add the Rev # / Adm # to the subject line.

In the case of multiple copies, the last submitted or highest Rev # / Adm # will be read.

2. Bids received in the County Auditor’s Office after the submission deadline shall be returned unopened and will be considered void and unacceptable. Howard County is not responsible for delayed mail, carrier, etc. No fax bids will be accepted.

3. Bids must give full firm name and address of bidder and be manually signed. Failure to do so will disqualify your bid. Person signing bid must show title or AUTHORITY TO BIND HIS/HER FIRM IN A CONTRACT. Firm name and authorized signature must appear on each page that calls for this information.

4. Acknowledgement of Addendums to Invitation to Bid;

a. If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

b. Bidders shall acknowledge receipt of any addendums to this solicitation: (1) by signing and returning the addendums; or (2) by identifying the addendums number and date in the space provided for this purpose on the bid form; or (3) by letter. The County must receive the acknowledgement by the time and at the place specified for receipt of bids.

5. Bids may be withdrawn at any time prior to the official opening. Alterations made before opening time must be initialed by bidder guaranteeing authenticity. After the official opening, bids may not be amended, altered, or withdrawn without the recommendation of the Howard County Auditor and the approval of the Commissioners Court.

Please initial _________ Invitation to Bid Bulk Fuel Services Page 3

6. The County is exempt from federal excise tax; therefore, tax must not be included in this bid.

7. The bidder agrees if this bid is accepted, to furnish all materials upon which prices are offered, at the price(s) and upon the terms and conditions contained in the specifications. The period for acceptance of this bid proposal shall be sixty (60) calendar days unless a different period is noted by bidder at the time the bid is submitted.

8. The County reserved the right to accept or reject in part or in whole any bids submitted, and to waive any technicalities related to the bidding process for the benefit of the County, granted that such waiver is allowed under federal and state laws.

9. The County may hold bids 60 days after bid opening without taking action. Bidders are required to hold their bids firm for same period of time.

10. Invoices shall be sent directly to the Howard County Fleet Management Office, 3604 Old Colorado City Highway, Big Spring, TX 79721. Or by email at permits@howardcounty.gov Email is preferred and speeds up payment. Invoice should include descriptive information as to the items or services, including product code, item number, quantity, etc.

11. Howard County terms of invoice are net thirty (30) days from the statement date.

12. Bidder’s failure to comply with the terms and conditions of a contract associated with an accepted bid, shall be a basis for the termination of the contract by the County. The County shall not pay for supplies which are unsatisfactory. The County may give the Contractor a reasonable opportunity before termination to correct the deficiencies.

This, however, shall in no way be construed as negating the validity of the County’s termination for non-performance.

13. If quantities are indicated in the bid, they are estimated based upon information at the time bids are requested, unless otherwise stated in the specifications. The County reserves the right to increase or decrease the quantities by any amount it deems necessary to meet its needs without any adjustment in the contract price.

Please initial _________ Invitation to Bid Bulk Fuel Services Page 4

14. Evaluation and Basis for Award

a. One contract award is anticipated under this solicitation. Multiple contract awards shall not be made. It is the intent of Howard County to award the bid to the lowest responsive and responsible bidder or to the bidder who provides goods or services at the best value for the County.

b. Offerors shall insert the unit price and extended amount for each line item offered on the price schedule. If a line item is offered at “No Cost”, enter “No Cost” in the unit price column. Additionally, offeror shall calculate and insert the total price in the space provided on the price schedule. If the event of discrepancies in extended price, unit prices will govern. Cost of delivery is to be included in the unit and extended price. Bids subject to unlimited price increase will not be considered.

c. Failure of an offeror to provide prices for all line items listed on the Schedule shall be cause for rejection of the entire offer. However, an offeror may enter “No Cost” in the unit price and extended amount columns to indicate that the item is being offered at “No Cost”.

d. For the purpose of this bid, the “average rack price” shall be defined as an average of the daily rack pricing from August 27, 2025. Rack pricing sheets used to calculate the average rack price must be submitted with bid response. Bids submitted without the appropriate rack price sheets will not be considered.

15. If this bid is accepted and approved by the Commissioners’ Court, then this bid shall be incorporated into a contract. No oral agreement either expressed or implied shall be valid. No different or additional terms will become part of this contract unless agreed upon by both parties.

16. Bidder must, at the request of Howard County, furnish satisfactory evidence ot their ability to furnish the product or services in accordance with the terms and conditions of the specifications. Only bidders who can demonstrate to the satisfaction of the County that they are authorized to sell the proposed equipment or provide the services requested will be considered.

17. By signature hereon affixed, the bidder certifies that neither the bidder nor the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership, or institution has violated the Antitrust Laws of this State, codified in Section 15.01, et seq., Texas Business and Commerce Codes, or the Federal Antitrust Laws, nor communicated directly or indirectly the bid made to any competitor or any other person engage in such line of business.

Please initial _________ Invitation to Bid Bulk Fuel Services Page 5

18. The contractor shall make himself familiar with and always shall observe and comply with all federal, state, and local laws, ordinances and regulations that, in any manner, affect the conduct of the work.

19. All insurance requirements, including workers' compensation and liability, as outlined under state law, shall be met prior to any services rendered and shall remain in effect during the time of the contract associated with an accepted bid. Payments shall not become due and payable until such certificates have been filed.

20. The parties herein agree that the contract associated with an accepted bid shall be enforceable in Howard County, Texas; and, if legal action is necessary to enforce it, exclusive venue shall lie in Howard County, Texas.

21. The contract associated with an accepted bid shall be governed by and construed in accordance with the laws of the State of Texas and all applicable federal laws.

22. The contract shall be governed by and construed in accordance with the laws of the State of Texas and all applicable federal laws.

23. This bid when properly accepted by Howard County Commissioners’ Court, shall constitute a contract equally binding between the successful bidder and Howard County. No different or additional terms will become part of this contract.

24. THE CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS THE COUNTY AND ITS DULY

APPOINTED OFFICERS, AGENTS AND EMPLOYEES FOR ALL SUITS, ACTIONS, LOSSES,

DAMAGES, CLAIMS OR LIABILITY OF ANY CHARACTER, TYPE, OR DESCRIPTION,

INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING ALL EXPENSES OF

LITIGATION, COURT COSTS, AND ATTORNEY’S FEES FOR INJURY OR DEATH TO ANY

PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR

PERSONS OR PROPERTY, ARISING OUT OF, OR OCCASIONED BY, THE ACTS OF

CONTRACTOR’S OFFICERS, AGENTS OR EMPLOYEES.

25. If a court of competent jurisdiction determines that any term of the contract associated with an accepted bid is invalid or unenforceable to any extent under applicable law, the remainder of the contract associated with an accepted bid (and the application of this agreement to other) shall not be affected thereby, and each remaining term shall be valid and enforceable to the fullest extent of the law.

26. If the Contractor defaults in the performance of the terms and conditions contained herein, or materially breaches any of its provisions, the County shall have the right to terminate the contract associated with an accepted bid by giving written notice of termination within thirty (30) days of the occurrence of the default or material breach.

Please initial _________ Invitation to Bid Bulk Fuel Services Page 6

27. Bidder shall carefully examine the bid forms, general terms and conditions and specifications. Should the bidder find discrepancies in, or omissions from bid forms, general terms and conditions, specifications, or other documents, or should he/she be in doubt as to their meaning, he/she should once notify the Auditor’s Office (Howard County Courthouse, (432-264-2210) and obtain clarification by addendum prior to submitting any bid. All questions and concerns must be submitted in writing no later than five days prior to bid opening.

28. Termination of Contract: Howard County reserves the right to terminate the contract if, in the opinion of Howard County, the successful vendor’s and/or contractor’s performance is not acceptable, if the County is being repeatedly overcharged, improperly charged, no funds available, or if the County wishes, without cause, to discontinue this contract. Termination will be in written form allowing a 30-day notice.

29. By accepting this invitation to bid and bidding on the item(s) set forth above you are accepting any and all the general conditions set forth above and any additional specifications and conditions contained within the contract attached.

Respectfully, Howard County Commissioners’ Court

GENERAL PROVISIONS

The County reserves the right to reject any or all bids, or to accept any items of any bid unless this right is denied by the bidder and is so stated in his bid.

The County will accept the low bid of individual items and award contract to low bidder on each item.

The various quantities estimated in this request are based upon annual consumption and are not guaranteed.

The supplier shall agree to make delivery as requested to the County Fleet

Maintenance yard, within approximately forty-eight (48) hours from the time of order.

These provisions shall be incorporated into and shall become a part of the contract between the County and the supplier.

If any discount is shown in the bid, please state whether it applies to each delivery or monthly statement. Discounts should be shown for total invoice or monthly statement, not for price per gallon.

Purchase invoices must be provided to the County by the Supplier for gas and diesel. Any increase or decrease in the cost of gasoline, diesel, taxes or delivery fees, will be passed on to the County, as shown on the purchase invoice.

It is understood that the fuel contract for the period October 1, 2026 through

September 30, 2027 can be unilaterally terminated upon 15 to 30 days' notice by either party.

The undersigned agrees that this bid is an offer to sell the items or services listed hereon or attached in accordance with the terms and conditions listed hereon and on the attached pages.

Bid Submitted By: _

Signature: _

Telephone No: _

Address: _

PRICING SCHEDULE FOR FY 2026-2027

The Howard County Auditor will accept sealed bids until 10:00 A.M. on September 10, 2026 for the following petroleum products. (Only the amounts shown below are eligible for billing)

Gasoline-Unleaded gasoline shall be bid with factory recommended additives. An estimated 20,000 gallons will be purchased. The county's storage capacity is 6,000 gallons.

Submit Bid as follows:

Description Bid Price Gallons Extended Cost Rack $ Profit $ Freight $

State Tax $ Federal Tax $ Price/ Gal $ 2,000 $

Diesel Fuel-Ultra Low Sulfur diesel fuel shall be bid. An estimated 31,000 gallons will be purchased.

The County storage capacity is 4,800 gallons.

Profit $ Freight $

State Tax $

Price/ Gal $ 3,000 $

Dyed Diesel Fuel-Dyed diesel fuel shall be bid for off-road use. An estimated 40,000 gallons will be purchased. The County storage capacity is 7,200 gallons.

Profit $ Freight $

State Tax $

Price/ Gal $ 3,600 $

Total Bid (Gasoline-Unleaded, Diesel, Dyed Diesel)

HOWARD COUNTY TEXAS

House Bills 13, 19 & 89 Verification

(ALL FIELDS MUST BE COMPLETED)

Pursuant to Senate Bill 13 of the 87th regular Texas Legislature session:

Verification Regarding Boycotting Energy Companies - Pursuant to Chapter 2274, Texas

Government Code, Contractor verifies (1) it does not boycott energy companies, and (2) it will notboycott energy companies during the term of this Agreement. Contractor acknowledges this Agreement may be terminated and payment withheld if this verification is inaccurate. (Note: This provision only applies in a contract that (1) has a value of

$100,000 or more that is to be paid wholly or partly from public funds and (2) is with a for-profit entity, not including a sole proprietorship, that has ten (10) or more full-time employees.)

Pursuant to Senate Bill 19 of the 87th regular Texas Legislature session:

Discrimination Against Firearm Entities- In accordance with Texas Government Code Chapter 2274, Contractor verifies that it does not have a practice, policy, guidance or directive that discriminates against a firearm entity or firearm trade association; and will notdiscriminate during the term of the contract against a firearm entity or firearm trade association. This section only applies if: (i) Contractor has ten (10) or more fulltime employees and (ii) this Agreement has a value of $100,000 or more to be paid under the terms of this Agreement; and does not apply: (i) if Contractor is a sole proprietor, a non-profit entity, or a governmental entity; (ii) to a contract with a sole-source provider; or (iii) to a contract for which none of the bids from a company were able to provide the required certification.

Pursuant to Sections 2270.001, 2270.002, 808.001, Texas Government Code:

1. "Boycott Israel" means 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 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; and

2. "Company" has the meaning assigned by Section 808.001, except that the term does not include a sole proprietorship.

3. Section only applies to a contract that is between a governmental entity and a company with 10 or more full-time employees; and has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity.

I, ,the undersigned representative of (Company

Name) (hereinafter referred to as

Company) being an adult over the age of eighteen (18) years of age, do hereby depose and verify under oath that the company named-above, under the provisions of Subtitle F, Title

10, Government Code Chapter 2270; depose and verify under oath that the Company, under the provisions of Subtitle A, Title 8, Government Code, is amended by adding

Chapter 809; do hereby depose and verify under oath that the Company, under the provisions of Subtitle F, Title 10, Government Code, is amended by adding Chapter 2274 will not discriminate and/or boycott any of these provisions outlined and defined in

House Bills 13, 19 and 89.

DATE SIGNATURE OF COMPANY REPRESENTATIVE

THIS DOCUMENT MUST BE COMPLETED ANO SUBMITTED AS IT IS A PART OF THE BID

PACKAGE.

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

FORM CIQ

OFFICE USE ONLY

Date Received

This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.

A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor.

1 Name of vendor who has a business relationship with local governmental entity.

Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)

3 Name of local government officer about whom the information is being disclosed.

Name of Officer

4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.

Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary.

A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor?

Yes No

B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity?

Yes No

5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an

Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).

Signature Date ownership interest of one percent or more.

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 8/14/2024

Name of signatory

Revised 8/14/2024Form provided by Texas Ethics Commission www.ethics.state.tx.us

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.

Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on:

(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity;

(B) a transaction conducted at a price and subject to terms available to the public; or

(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency.

Local Government Code § 176.003(a)(2)(A) and (B):

(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:

(2) the vendor:

(A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that

(i) a contract between the local governmental entity and vendor has been executed;

or

(ii) the local governmental entity is considering entering into a contract with the vendor;

(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that:

(i) a contract between the local governmental entity and vendor has been executed; or

(ii) the local governmental entity is considering entering into a contract with the vendor.

Local Government Code § 176.006(a) and (a-1)

(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:

(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);

(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or

(3) has a family relationship with a local government officer of that local governmental entity.

(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of:

(1) the date that the vendor:

(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or

(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or

(2) the date the vendor becomes aware:

(A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a);

(B) that the vendor has given one or more gifts described by Subsection (a); or

(C) of a family relationship with a local government officer.