IFB CZ-2025-09 Fuel Bid University of Wyoming.pdf

University of Wyoming Fleet Services Fuel Bid Page 1

August 13, 2025

INVITATION FOR BID NAME: UNIVERSITY OF WYOMING FUEL BID

INVITATION FOR BID NUMBER: CZ-2025-09

CONTACT PERSON: CONSTANCE ZVOBGO, PROCUREMENT & PAYMENT SERVICES, 307-766-5314, czvobgo@uwyo.edu

Please bid on the provided sheet the price at which you will furnish, D.A.P. Incoterms® 2010, University of Wyoming, Laramie, WY, 82071, any or all items listed below, subject to the usual inspection and approval at the place of delivery.

Questions regarding this Invitation for Bid (IFB) must be in writing and be directed to the University via the BidNet platform any time after the issuance of this IFB through and including 1:00 p.m. MT on August 14, 2025. Questions received after the date/time and/or not submitted electronically through the BidNet platform may not be addressed. Each question submitted, as well as the University’s response thereto, shall be provided in a questions and answers document/addendum via www.bidnetdirect.com Note:

Every question must be submitted individually. Multiple questions per entry may not be answered.

The University of Wyoming will only accept and consider electronically submitted bids from suppliers, which must be submitted and received in the www.bidnetdirect.com electronic solicitation portal on or before 3:00 p.m. MT on August 14, 2025, at which time the submission portal will close and no further submissions be allowed or considered. It is the sole responsibility of the supplier to see that the response to the IFB is submitted through the BidNet portal by the submission deadline. Responses received after this date and time or outside of the BidNet portal will be deemed non-responsive. This completed and signed bid form shall be uploaded to the BidNet platform along with any additional requested information.

Sales Prohibited/Conflict of Interest: No officer, employee, or member of the University, shall have a financial interest in the sale to the University of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the University. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the University is prohibited.

Contact with University of Wyoming personnel regarding this solicitation, other than inquiries to the specific Procurement Agent/Contact Person noted above may be grounds for elimination from the selection process.

Collusive or sham bids: Any bid deemed to be collusive, or a sham bid will be rejected and reported to authorities as such. Your authorized signature on this bid assures that such bid is genuine and is not a collusive or sham bid. The University of Wyoming reserves the right to accept or reject a bid on any or all items, to waive any irregularities or informalities and to award the contract in the best interest of the University.

PREFERENCE: Preference shall be allowed in the purchase of materials, supplies, equipment, machinery, or provisions provided by bona fide Wyoming residents when such materials, supplies, equipment, machinery or provisions are of quality equal to those offered by an out-of-state supplier. Such preference shall be five percent (5%) and shall apply to materials, supplies, equipment, machinery or provisions produced, manufactured or grown in this state, and to materials, supplies, equipment, and machinery supplied by a Wyoming Resident. (Wyoming Statute 16-6-105) However, preferences shall not be given in violation of any Federal law, rule or regulation.

Whenever Federal laws are applicable, Federal laws shall supersede any State laws.

Suppliers must have a current Wyoming residency certification on file with the Wyoming Department of Workforce Services at the time of the bid submission in order to qualify for resident preference. Inquiries regarding obtaining a residency certification number should be directed to the Wyoming Department of Workforce Services, Labor Standards Office at (307) 777-7261. The Department of Workforce Services certifies residency and enforces the preference law.

EQUAL EMPLOYMENT OPPORTUNITY:

Both parties shall fully adhere to all applicable local, state and federal law, including equal employment opportunity and including but not limited to compliance with Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975 and the American with Disabilities Act of 1990. The University is committed to equal opportunity for all persons in all facets of the University’s operations and is an Equal Opportunity/Affirmative Action employer.

mailto:jon.babcock@uwyo.edu http://www.bidnetdirect.com/ http://www.bidnetdirect.com/

University of Wyoming Fleet Services Fuel Bid Page 2

The University will provide all applicants for admissions, employment and all University employees with equal opportunity without regard to race, gender, religion, color, national origin, disability, age, protected veteran status, sexual orientation, genetic information, gender identity, creed, ancestry, political belief, any other applicable protected category, or participation in any protected activity. The University ensures non-discriminatory practices in all matters relating to its education programs and activities and extends the same non-discriminatory practices to recruiting, hiring, training, compensation, benefits, promotions, demotions, transfers, and all other terms and conditions of employment.

Contractors are notified that they may be subject to the provisions of 41 CFR Section 60-300.5(a); 41 CFR Section 60-741.5(a); 41 CFR Section 60-1.4(a) and (c); 41 CFR Section 60-1.7(a); 48 CFR Section 52.222-54(d); and 29 CFR Part 471, Appendix A to Subpart A with respect to affirmative action and posting requirements. If applicable, this contractor and subcontractor shall abide by the requirements of 41 CFR 60-300.5(a). This regulation prohibits discrimination against qualified protected veterans, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans. If applicable, this contractor and subcontractor shall abide by the requirements of 41 CFR 60-741.5(a).

This regulation prohibits discrimination against any qualified persons with physical or mental disabilities and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected persons with physical or mental disabilities.

SUSTAINABILITY PRACTICES: The University of Wyoming strongly encourages the campus community to adhere to sustainable practices. For product categories that have ENERGY STAR rated products available, the university will focus its procurement efforts on products with this rating, consistent with the needs of the UW campus community.

EXPORT COMPLIANCE: The University, its employees and its agents are subject to and shall comply with U.S. export control laws that prohibit or restrict a) transactions with certain parties, and b) the type and level of technologies and services that may be exported.

These laws include, without limitation, the Arms Export Control Act, the Export Administration Act, and the International Economic Emergency Powers Act, and regulations issued pursuant to these, including the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR).

As part of its commitment to compliance with U.S. export controls, UW requires information on the product(s) being purchased to enable the University to determine the applicable export controls. To be considered for this bid award, Bidder must identify the export jurisdiction (ITAR or EAR) and classification of its product, component, or service(s) in the response to this bid request. The suggested format for this information is set out in Exhibit 1 below.

PAYMENT TERMS: Payment terms are Net 45. It is the University of Wyoming’s policy to not prepay for goods or services to be provided by suppliers.

All bids are subject to the University’s Terms and Conditions that can be found at http://www.uwyo.edu/procurement/.

Bid below the total price to provide the products as indicated in this detailed listing. The total for each bid line must include material, freight, handling, fees, set-up fees, labor, duties, and all other costs that might be associated with an order for each item quantity, delivered D.A.P. Incoterms® 2010, University of Wyoming, Laramie, WY, 82071.

This IFB will be awarded on an all-or-nothing basis and the bidder must be capable of making full delivery of support indicated below.

Objective The University of Wyoming is requesting bids from suppliers for the purchase of a fuel supply for University Fleet Services and possibly University Energy Production, per the specifications provided herein. Any fuel purchased as a result of this IFB shall be delivered to the following addresses and unloaded by the supplier according to the Bid Pricing and Information table:

• Fleet Services - 19th & Gibbons St., Laramie, WY 82070

• Transportation Services Fuel Facility 2152 S. 15th St. Laramie WY 82070

• Central Energy Plant – 654 N. 19th Street, Laramie, WY 82071

• LREC Stock Farm - 40 Gibbs Road and 470 HWY 230 Laramie, WY 82070

Required Information Suppliers shall submit the following information with their bid submission:

• Fully completed bid form (bid pricing table and information)

• Completed Exhibit 1

• Supplier shall have an executed agreement for services on file with UW (Exhibit 2)

• Start Date for Deliveries http://www.uwyo.edu/procurement/

University of Wyoming Fleet Services Fuel Bid Page 3

Required Items Original invoices must be delivered with fuel. Supplier will be required to call the appropriate contact in route so that preparations for delivery can be made. Fleet Services: 307-766-3573 (Russ Kersey). Energy Production: 307-766-2139 (Erik McCartor). LREC Farm: 307-399-9160 (Landon Hoffer).

Suppliers not complying with the following may be subject to removal from the bid list for a period of time to be determined by the Fleet Services Manager or Energy Production Manager in consultation with the Director of Strategic Sourcing, Procurement and Payment Services: late deliveries, invoices not provided and pricing errors on invoices.

Supplier responses to this bid shall also include the signed agreement for services included as Exhibit 2. Suppliers shall provide this signed agreement annually and do not need to submit a newly executed agreement for every bid. Suppliers who do not currently have a current signed agreement on file shall complete and sign Exhibit 2 and submit the executed document with their response to this bid.

Bid Pricing and Information

TOTAL ______________

To be Completed by UW To be Completed by Supplier

UW

Entity

Product type (gas or diesel)

# of Gallons

(a) Base Cost Per Gal.

(b) Freight Per Gal.

(c) Tax

Per Gal.

Total Price Per Gallon

(sum of a, b & c)

Total Cost of Delivered

Product Fleet Services 19th Street Fuel Facility

No Lead 10% ethanol

2250 gal pump #1

Fleet Services 19th Street Fuel Facility

#2 Red Diesel

1220 gal pump #2 400 gal pump #3

Transportation Services 15th Street Fuel Facility

No Lead 10% ethanol (Tank 1)

2150 gal

Transportation Services 15th Street Fuel Facility

#2 Red Diesel (Tank 2) 1100 gal

LREC Farm (Feed Mill) #2 Red Diesel 0 gal

LREC Farm (Shop) #2 Red Diesel 0 gal

LREC Farm (Shop)

No Lead 10% ethanol 0 gal

LREC Farm (Beef Unit) #2 Red Diesel 0 gal

Central Energy Plant (above ground storage tank)*

#2 Red Diesel with Winter Blend to 30%

0 gal, above ground storage tank

University of Wyoming Fleet Services Fuel Bid Page 4

*For Central Energy Plant needs only, fuel shall be delivered to the Above Ground Storage Tank in the back yard of the Central Energy Plant accessed through a gate located next to the E-W driveway on the west side of the building at 654 N. 19th Street, Laramie

WY 82071.

Delivery: ASAP

Please state your delivery date: ____________________________.

The undersigned hereby agrees to furnish, in conformity with this bid, any or all of the above articles at the prices bid.

Wyoming Workforce Certification #____________

Authorized signature ___________________________________________________ Printed name of authorized signature Date

Business name, address, zip code, telephone number and fax # Email address

Please note that the LREC Feed Mill tank has temporarily moved across the field to a pad at the multipurpose building.

Exhibit 1

Are any of the products, components, or services subject to the Export Administration Regulations (EAR)?

Yes _____ No _____

If YES, indicate the ECCN No. of each product:

Are any of the products, components, or services subject to the International Traffic in Arms Regulations (ITAR)?

Yes _____ No _____

If YES, indicate the USML Category and Sub – Category of each product:

University of Wyoming Fleet Services Fuel Bid Page 5

Exhibit 2

AGREEMENT FOR SERVICES

BETWEEN

THE UNIVERSITY OF WYOMING

AND

1. Parties. This Agreement is made and entered into by and between the University of Wyoming (hereinafter “University”) and __________, a company (hereinafter “Contractor”), whose address is ____________________________________.

2. Purpose. The University, in the exercise of its lawful duties, has determined that the services of Contractor are necessary to the performance of its duties as the State of Wyoming’s educational institution. The University has concluded that either its personnel are not available to perform said function, or it would not be feasible to utilize its personnel to perform said function.

3. Term. This Agreement shall commence upon __________, 2025, and shall remain in full force and effect until June 30, 2026.

4. Termination. The University can terminate this Agreement without cause, upon ten (10) days prior written notice. Termination of this Agreement shall not relieve a party from its obligations incurred prior to the termination date. Upon early termination of this Agreement by the University, except in the case of a material breach by Contractor, the University shall pay all costs accrued by the Contractor as of the date of termination. In the event of termination, all work product prepared by the Contractor shall be immediately surrendered to the University.

5. Payment. The University of Wyoming agrees to pay the dollar amount agreed upon by both parties per gallon for the services described herein. The total payment under this Agreement shall not exceed $500,000.00. Payment shall be made when the services are completed and upon invoice. Payment shall be made from the ________________ account.

6. Reporting. Contractor shall report to and keep Shawn Fletcher informed of the progress of the Contractor’s work on an as-needed-basis.

7. Services. Contractor will perform the services described in the attached Exhibit A, which is incorporated herein.

8. General Provisions

A. Amendments. Either party may request changes in this Agreement. Any changes, modifications, revisions or amendments to this Agreement which are mutually agreed upon shall be incorporated by written instrument, executed and signed by all parties to this Agreement.

B. Applicable Laws. Both parties shall fully adhere to all applicable local, state and federal law, including equal employment opportunity and including but not limited to compliance with Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and the American with Disabilities Act of 1990. The University is committed to equal opportunity for all persons in all facets of the University’s operations and is an Equal Opportunity/Affirmative Action employer. The University will provide all applicants for admissions, employment and all University employees with equal opportunity without regard to race, gender, religion, color, national origin, disability, age, protected veteran status, sexual orientation, genetic information, gender identity, creed, ancestry, political belief, any other applicable protected category, or participation in any protected activity. The University ensures non-discriminatory practices in all matters relating to its education programs and activities and extends the same non-discriminatory practices to recruiting, hiring, training, compensation, benefits, promotions, demotions, transfers, and all other terms and conditions of employment.

C. Assignment. Without prior written consent of the other party, neither party may assign this Agreement. This

Agreement shall inure to the benefit of, and be binding upon, permitted successors and assigns of the parties.

D. Availability of Funds. Payment by the University is conditioned upon the availability of government funds which are appropriated or allocated for the payment of this obligation. If funds are not allocated and available for the continuance of the services, the Agreement may be terminated by the University at the end of the period for which the funds are

University of Wyoming Fleet Services Fuel Bid Page 6 available. The University shall notify the other party at the earliest possible time of the services which will or may be affected by a shortage of funds. No penalty shall accrue to the University in the event this provision is exercised, and the University shall not be obligated or liable for any future payments due or for any damages as a result of termination under this section. This provision shall not be construed to permit the University to terminate this Agreement to acquire similar services from another party.

E. Entirety of Agreement. This Agreement represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations and agreements, whether written or oral.

F. Governmental Claims. Any actions or claims against the University under this Agreement must be in accordance with and are controlled by the Wyoming Governmental Claims Act, W.S. 1-39-101 et seq. (1977) as amended.

G. Indemnification. Contractor agrees to defend, indemnify and hold harmless the University and its public employees from any and all claims arising from the services performed under this Agreement or related to this Agreement.

H. Independent Contractor. Contractor is acting as an independent contractor. This Agreement does not commit the University to the traditional role of employer. The University is not responsible for the payment of withholding taxes, unemployment insurance, workers’ compensation insurance, social security, pensions, retirement fees, licenses or other fees. Such costs are the responsibility of the Contractor.

I. Insurance. Contractor shall carry liability insurance including property damage and bodily injury with minimum limits of not less than $1,000,000 occurrence and $2,000,000 aggregate. If Contractor will use automobiles in performance of the Agreement, Contractor must carry automobile liability insurance covering all owned, non-owned and hired autos with minimum limits of $500,000 combined single limit. Contractor must carry any workers’ compensation coverage and employer’s stop gap liability coverage required by law. Insurance shall be placed with insurers licensed to do business in Wyoming. Policies other than workers’ compensation and employer’s liability must name the University, its trustees, officers, and employees as additional insureds. Certificates must be on file with University Risk Management prior to any work and must be kept current throughout the term of the Agreement.

J. Interpretation. The construction, interpretation and enforcement of this Agreement shall be governed by the laws of the

State of Wyoming. The courts of the State of Wyoming shall have jurisdiction over any action arising out of this Agreement and over the parties, and the venue shall be the Second Judicial District, Albany County, Wyoming.

K. Notices. All notices and other correspondence related to this Agreement shall be in writing and shall be effective when delivered by: (i) certified mail with return receipt, (ii) hand delivery with signature or delivery receipt provided by a third party courier service (such as FedEx, UPS, etc.), (iii) fax transmission if verification of receipt is obtained, or (iv) email with return receipt, to the designated representative of the party as indicated below. A party may change its designated representative for notice purposes at any time by written notice to the other party. The initial representatives of the parties are as follows:

To University: To Contractor:

A copy of any notice concerning a breach, alleged breach, or dispute arising under this Agreement shall also be sent to:

Office of the General Counsel Department 3434 1000 E. University Avenue Laramie, Wyoming 82071-2000

L. Prior Approval. This Agreement shall not be binding upon either party unless this Agreement has been reduced to writing before performance begins as described under the terms of this Agreement, and unless this Agreement is approved as to form by the Office of General Counsel.

M. Severability. Should any portion of this Agreement be judicially determined to be illegal or unenforceable, the remainder of the Agreement shall continue in full force and effect.

University of Wyoming Fleet Services Fuel Bid Page 7

N. Sovereign Immunity. The University does not waive its sovereign or governmental immunity by entering into this Agreement, and fully retains all immunities and defenses provided by law with respect to any action based on or occurring as a result of this Agreement.

O. Third Party Beneficiary Rights. The parties do not intend to create in any other individual or entity the status of third party beneficiary, and this Agreement shall not be construed so as to create such status. The rights, duties and obligations contained in this Agreement shall operate only between the parties to this Agreement, and shall inure solely to the benefit of the parties to this Agreement. The provisions of this Agreement are intended only to assist the parties in determining and performing their obligations under this Agreement. The parties to this Agreement intend and expressly agree that only parties signatory to this Agreement shall have any legal or equitable right to seek to enforce this Agreement, to seek any remedy arising out of a party’s performance or failure to perform any term or condition of this Agreement, or to bring an action for the breach of this Agreement.

P. Legal Authority. Each party to this Agreement warrants that it possesses the legal authority to enter into this

Agreement and that it has taken all actions required by its regulations, procedures, bylaws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Agreement and to bind it to its terms. The person(s) executing this Agreement on behalf of a party warrant(s) that such person(s) have full authorization to execute this Agreement.

9. Signatures. In witness whereof, the parties to this Agreement through their duly authorized representatives have executed this Agreement on the days and dates set out below, and certify that they have read, understood, and agreed to the terms and conditions of this Agreement as set forth herein.

APPROVED BY:

University of Wyoming Contractor

Signature Date Signature Date

Name Name

Title Title

Email Address

University of Wyoming Fleet Services Fuel Bid Page 8

Exhibit A

1. Contractor shall be responsible for performing the following duties:

Usage Agreement:

This Agreement shall provide the terms and conditions for the University of Wyoming to purchase fuel from Contractor on an as-needed basis. This Agreement shall be non-exclusive and there is no guaranteed minimum usage of this Agreement. University of Wyoming may request current quotes on an ongoing basis for possible purchase of and delivery of Unleaded Gasoline and Diesel with the Contractor warranting that the gasoline and diesel will meet the below qualifications. When University of Wyoming accepts an individual quote from Contractor and sends written confirmation that the quote is accepted, the Contractor shall provide the specified services in the amounts and prices agreed to by University of Wyoming. No fuel shall be delivered without written authorization to proceed from the University of Wyoming.

Specifications:

Contractor shall deliver Unleaded Gasoline and Diesel to outlined below on an as needed basis and warrants that its products and delivery services will meet the following qualifications:

Quality:

Delivered of Unleaded Gasoline shall be 10% Ethanol and Diesel fuel shall be CARB Ultra low sulfur. Provider shall be liable for any, and all damages to facilities (including tank, fuel lines, pumps, and dispensers), vehicles, and fuel in storage, which may occur as the result of contaminated fuel or fuel not in compliance with specification.

Delivery Locations, Tank Capacities and Delivery Quantities:

The University of Wyoming has one tank with three compartments accepting Dyed Red Diesel, and Unleaded Gasoline (10% ethanol).

19th & Gibbons St. Laramie, WY 82070 There is an above- ground storage tank requiring the delivery of fuel to be pumped into it.

• Red Diesel Delivery: 1 above-ground tank with two compartments (tank 2 and tank 3) o Tank Capacity’s:

§ Tank 2: 3,000 gallons, above-ground storage tank.

§ Tank 3: 3,000 gallons, above-ground storage tank.

• Unleaded Delivery: 1 above-ground tank with one compartment (tank 1).

o Tank Capacity:

§ Tank 1: 9,000 gallons, above-ground tank storage.

The University of Wyoming has one tank with three compartments accepting Dyed Red Diesel, and Unleaded Gasoline (10% ethanol). 2152 S. 15th St. Laramie, WY 82070 There is an above- ground storage tank requiring the delivery of fuel to be pumped into it.

1. Red Diesel Delivery: 1 above-ground tank with one compartment (tank 2)

1. Tank Capacity’s:

§ Tank 2: 6,000 gallons, above-ground storage tank.

2. Unleaded Delivery: 1 above-ground tank with one compartment (tank 1).

1. Tank Capacity:

§ Tank 1: 9,000 gallons, above-ground tank storage.

The University of Wyoming has one tank accepting Dyed Red Diesel. 654 N. 19th Street, Laramie WY 82071 There is an above-ground storage tank requiring the delivery of fuel to be pumped into it.

• Red Diesel Delivery: 1 above-ground tank o Tank Capacity: 3,000 gallons, above-ground storage tank.

The University of Wyoming has one tank accepting Dyed Red Diesel. 40 Gibbs Rd and 470 HWY 230 Laramie, WY 82070 at the feed mill that is above ground, and two underground tanks at the farm shop, one accepting Dyed Red Diesel and one accepting unleaded gasoline. An additional above ground tank is located near 345 HWY 230, Laramie, WY 82070, at the Beef Unit accepting Dyed Red Diesel.

University of Wyoming Fleet Services Fuel Bid Page 9

• Red Diesel Delivery: 1 above-ground tank (Feed Mill) o Tank Capacity: 500 gallons

• Red Diesel Delivery: 1 underground storage tank (Farm Shop) o Tank Capacity: 1,000 gallons

• Unleaded Delivery: 1 underground storage tank (Farm Shop) o Tank Capacity:

§ Tank 1: 1,000 gallons

• Red Diesel Delivery: 1 above-ground storage tank (Beef Unit) o Tank Capacity: 300 gallons

Delivery Frequency:

On-call, as requested. Fleet Services Estimates a weekly delivery.

Delivery Time:

Fuel shall be delivered to the above listed locations and all deliveries shall be supported by a delivery receipt (or email). The delivery of both red diesel and unleaded fuels will be coordinated with UW Fleet Services or UW Energy Production according to delivery location. The delivery process of the fuel is the sole responsibility of the provider and shall be done in accordance with all State, Federal and Local requirements.

Emergencies:

At all times, provider will strive to meet emergency fuel requirements of the University of Wyoming.

Fuel Spills:

Provider shall be responsible for any damage, claims, or violations of law caused by any fuel spill during the delivery process. Drivers are to report any spill and the provider shall pay University of Wyoming for any costs incurred in the cleanup of any spill.

2. Contractor shall be entitled to reimbursement in accordance with UW Regulation 3-177 and applicable Wyoming law for the following expenses incurred as a result of the performance of the above-described duties. This reimbursement, if any, is in addition to the payment described under section 5 unless otherwise agreed to in the Agreement. If expenses will not be reimbursed, state so.

Expenses will not be reimbursed.