ITB #26-068-GS / Regional Fuel Supply Cooperative Rev 09/24

Eugene Water & Electric Board

INVITATION TO BID FOR

THE PURCHASE OF GOODS & SERVICES

REGIONAL FUEL SUPPLY for the

GREATER OREGON FUEL COOPERATIVE (GOFC)

Bid No.: 26-068-GS Closing Date: Thursday, July 30, 2026 Time: 2:00 PM, PT

Description: Regional Fuel Supply for the Greater Oregon Fuel Cooperative (GOFC).

Purchasing Contact: Tim Rogers (541) 685-7109 tim.rogers@eweb.org

Pre-bid Conference: NO

This is a COMPETITIVE SEALED PROCUREMENT. ELECTRONIC PROPOSALS SUBMITTED VIA THE OREGONBUYS BID SITE ARE REQUIRED. Emailed submittals will not be accepted.

To ensure your submission is received prior to the closing date and time, it is recommended that you begin the submittal process on the OregonBuys website at least 72-hours prior to the closing date and time listed above.

To ensure your submission is received prior to the closing date and time, it is recommended that your response is submitted electronically on the OregonBuys website, or if in person, via a Commercial Carrier such as UPS or FedEx, or in person by appointment with the Purchasing Contact.

SINGLE POINT OF CONTACT: There will be only one point of contact for the entire Invitation to Bid process. The contact point is the EWEB Purchasing Office, and the contact person is the Purchasing Contact listed above. Any questions or issues that may arise regarding the specifications, the bidding process, and/or the award process shall be directed to the Purchasing Contact listed above. EWEB’s official response to any questions or requests will be in writing through the Addendum process.

FOR MORE INFORMATION please refer to Part 1 “Instructions to Bidders”.

mailto:tim.rogers@eweb.org

TABLE OF CONTENTS

Section Description Page

Legal Advertisement 3

1 Instructions to Bidders 4

2 Sustainability 13

3 Technical Requirements & Requirements 15

Minimum Qualifications Bid Form

Exhibits

Sample Contract Agency Delivery Location Information Delivery Zones Certification Regarding Lobbying Wholesale Rack Report

LEGAL ADVERTISEMENT

ITB #26-068-GS

Regional Fuel Supply for the Greater Oregon Fuel Cooperative (GOFC)

The Eugene Water & Electric Board (EWEB) as the administering contracting agency as defined in ORS 279C.200(a) is soliciting a joint cooperative procurement for the Greater Oregon Fleet Cooperative (GOFC) wherein qualified Contractors are invited to submit bids to provide unleaded gasoline and diesel fuel to be delivered in bulk and offered at card-lock stations for participating GOFC Members agencies.

Bids shall be uploaded to the OregonBuys website before, 2:00 PM PT, Thursday, July 30, 2026. Bids will not be accepted after this hour and date.

ITB documents may be downloaded from the State of Oregon's bid site ("Oregon Buys"):

https://oregonbuys.gov/bso/ (On OregonBuys home page, search for bid # 26-068-GS. For navigation help, please call 1-855-800-5046.)

All bids shall be submitted as set forth in Section 1 - Instructions to Bidders. EWEB is not responsible for bids submitted in any manner, format or to any delivery point other than as required by the Solicitation Document.

No bid may be withdrawn after the hour set for the opening thereof until the elapse of thirty (30) days from the date and time set for opening.

EWEB reserves the right to waive any or all informalities and irregularities (EWEB Rule 3-0470) and may cancel the Invitation to Bid or reject any or all bids pursuant to EWEB Rule 3-0640.

Date: Wednesday, July 1, 2026

Tim Rogers – M.Ed., CPPB Purchasing Contact https://oregonbuys.gov/bso/

1. INSTRUCTIONS TO BIDDERS

All bids and contracts are subject to the provisions and requirements of the Oregon Revised Statutes ORS 279A and 279B and EWEB Public Contracting Rules Divisions 1,2, 3 and 6.

INFORMATION OF RECORD

The official source of information for this project until the Intent to Award is posted is located at the State of Oregon's bid site, located at: https://oregonbuys.gov/bso/. IT IS THE SOLE RESPONSIBILITY OF

THE BIDDER TO CHECK THE WEBSITE ON A TIMELY BASIS.

BID PREPARATION

1.1 BID FORMAT

Bids shall be typewritten or prepared in ink and shall be submitted on the form provided in the Invitation to Bid. No oral, telegraphic, telephone or faxed bids shall be accepted.

1.2 CONFORMANCE TO BID REQUIREMENTS

Bids shall conform to the requirements of the Invitation to Bid. All necessary attachments (recycled products certification, non-collusion certification, descriptive literature, etc.) shall be submitted with the bid and in the required format. Bid prices shall be for the unit indicated on the bid. Failure to comply with all requirements may result in bid rejection.

1.3 PRODUCT IDENTIFICATION

Bidders must be capable of providing all products specified in this solicitation. Because EWEB has pre‑established the required products, brand names and model numbers are not applicable, and substitutions will not be accepted unless expressly authorized by EWEB.

1.4 USE OF BRAND OR TRADE NAMES

Any brand or trade names used by EWEB in bid specifications are for the purpose of describing and establishing the standard of quality, performance and characteristics desired and are not intended to limit or restrict competition. Bidders may submit bids for substantially equivalent products to those designated unless the Invitation to Bid provides that a specific brand is necessary because of compatibility requirements, etc. All such brand substitutions shall be at the sole discretion of EWEB.

1.5 ALTERNATE BRAND

Bidders wishing to submit a bid for an alternate brand product, which they believe meets or exceeds the quality or performance levels of the product specified herein shall submit a request to EWEB, along with enough descriptive literature and/or documentation to substantiate brand offered meets or exceeds the brand specified. ALL REQUESTS FOR APPROVAL OF ALTERNATE BRANDS SHALL BE SUBMITTED NO LATER THAN (specify date).

EWEB will review the request and documentation submitted and will provide Bidder with a written response as to whether or not the alternate brand will be approved. EWEB may require Bidder to submit a sample of the proposed alternate product for testing and inspection prior to its determination. All such brand substitutions shall be at the sole discretion of EWEB.

1.6 PROTEST OF SPECIFICATIONS /REQUIREMENTS

A Bidder who believes that the procurement process is contrary to law, or that the solicitation is unnecessarily restrictive in that specifications limit competition arbitrarily, without reasonably promoting the fulfillment of the procurement needs of EWEB, or that the solicitation document is legally flawed in that it contains terms or conditions that are contrary to law, or that the solicitation improperly specifies a brand name as defined in ORS 279B.200, may submit a protest via email to tim.rogers@eweb.org. Insert the following in the subject header:

ITB SPECIFICATION PROTEST, ITB #26-068-GS

To be considered, protests shall be received no less than 15 business days before close (EW-3-0700(2)).

Protest of specifications shall include the reason for protest, any and all evidence and documented factual information that supports Bidder’s protest, and any proposed changes to the requirements. The EWEB Purchasing department shall promptly respond to each written protest, and where appropriate, issue all revisions, substitutions, or clarifications via Addenda to all Bidders. Bidders must exhaust all administrative remedies before seeking judicial review.

1.7 PROPOSER'S PROPOSED TERMS AND CONDITIONS Rule 3-0230(7)(b)

Bidders may include in the Cover Letter of their response, proposed revisions to the contractual terms and conditions in the Sample Contract (Exhibit 1). (Bidders may show proposed changes by providing proposed revisions in cover letter.) Bidders may not protest or request to change the entire terms and conditions of the solicitation. For example, you may not seek to replace EWEB’s terms and conditions in whole with your company’s terms and conditions, standard contract, master services agreement, etc.

EWEB reserves the right to negotiate the proposed terms and/or conditions with Bidder, and either accept or reject the proposed terms and/or conditions. REQUESTS FOR REVISION OF EWEB CONTRACTUAL TERMS AND CONDITIONS MAY BE MADE AT TIME OF BID SUBMISSION. THERE MAY BE

NO OPPORTUNITY TO DO SO AT A LATER DATE.

NO PROPOSED TERMS OR CONDITIONS SHALL BECOME A PART OF THE AWARDED CONTRACT UNLESS

ACCEPTED BY EWEB AND INCORPORATED INTO THE CONTRACT IN WRITING.

1.8 SIGNATURE ON BID

Bids shall be signed by an authorized representative of the Bidder. Signature on a bid certifies that the bid is made without connection with any person, firm or corporation making a bid for the same goods and/or services and is in all respects fair and made without collusion or fraud. Signature on a bid also certifies that the Bidder has read, fully understands and agrees with all bid specifications, terms and conditions. No consideration will be given to any claim resulting from bidding without fully comprehending all requirements of the Invitation to Bid.

Bidders shall only enter information within the bid document where it is requested or required. Bidders shall NOT make any alterations to the original solicitation document. Any bid that has been altered may be rejected.

1.9 CANCELLATION, REJECTION, DELAY OF SOLICITATION

Pursuant to EWEB Rule 3-0640, EWEB may cancel, reject in whole or in any part any bids, at any time after issuing the ITB, without liability incurred by EWEB, if EWEB believes it is in EWEB’s best interest to do so.

1.10 RESERVED

BID SUBMISSION

1.11 BID SUBMISSION

(A) OregonBuys Electronic Response

Please be sure to combine all documents into one pdf file before attempting to submit your bid into the OregonBuys bid site.

In order to submit an electronic bid on the OregonBuys website, Bidder must be registered with OregonBuys and able to submit an electronic bid. For instructions to register on OregonBuys, visit the following site: OrBuysSupplierRegistrationSteps.pdf (oregon.gov) https://www.oregon.gov/das/ORBuys/Documents/OrBuysSupplierRegistrationSteps.pdf

If you experience any issues registering, please contact OregonBuys at:

Phone: 1-855-800-5046 Email: support.oregonbuys@das.oregon.gov

When Bidder is submitting their proposal electronically, Bidder should follow the procedures outlined in any of the following:

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation% 20Response.pdf for electronic submission.

A video presentation on submitting an electronic proposal may be found at: Supplier - Submitting a Quote - Overview (periscopeholdings.com)

Terminology specific to the OregonBuys system may be found at:

https://www.oregon.gov/das/ORBuys/Documents/Phase1TerminologyCrosswalk.pdf

Bids received in a manner other than through the OregonBuys website and/or after the closing date and time will not be considered and will be rejected. EWEB is not responsible for proposals submitted in any manner format or to any delivery point other than as required by the Solicitation document.

(B) REQUIRED BID PACKAGE

Complete, sign, and return the following documents as bid response. Failing to include these documents could lead to rejection of bid.

• Cover Letter

• Response to Minimum Qualifications (Section 4)

• Bid Form (Section 5)

• Certification Regarding Lobbying (Exhibit 4)

• All Posted Addenda Acknowledged

(C) RESPONSIVENESS / RESPONSIBILITY

A “Responsive” bid is a bid that substantially complies with the Invitation to Bid instructions and requirements.

A “Responsible” Bidder can demonstrate ability to meet the requirements of the Scope of Work, has the appropriate experience, is legally qualified to do the Work, has the required certifications required, has a satisfactory record of integrity and can meet the other requirements described in

ORS 279B.110(2).

1.12 ADDENDA

Any VERBAL communication cannot and shall not be construed as approval of the acceptability of any deviation to any requirement. All changes to requirements and/or the bidding documents will be made in the form of Addenda. The Bidder is responsible for ensuring that all Addenda have been downloaded and are acknowledged in their bid response. Bidder may sign each issued Addendum and include with response or acknowledge in the space provided on the Bid Form.

All Addenda can be obtained electronically at the State of Oregon's bid site ("Oregon Buys"):

https://oregonbuys.gov/bso/. As a courtesy, EWEB may send Addenda to registered Bidders by e-mail.

1.13 BID MODIFICATION

If a Bidder wishes to make modifications to a submitted Bid, Proposer must do so through OregonBuys prior to the Bid Due Date and Time stated on the Cover Page for this ITB. For help, please call OregonBuys at 1-855-800-5046.

mailto:support.oregonbuys@das.oregon.gov https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.periscopeholdings.com/courses/suppliersubmittingaquote/#/lessons/-IJ5uftCSaLqTjitSezQGrNh9dTNGqaA https://www.periscopeholdings.com/courses/suppliersubmittingaquote/#/lessons/-IJ5uftCSaLqTjitSezQGrNh9dTNGqaA https://www.oregon.gov/das/ORBuys/Documents/Phase1TerminologyCrosswalk.pdf

1.14 BID WITHDRAWALS:

If a Bidder wishes to withdraw a submitted Bid, Bidder must do so through OregonBuys, using the “Withdraw Quote” button prior to the Bid Due Date and Time stated on the Cover Page for this ITB. For help, please call OregonBuys at 1-855-800-5046.

1.15 EXCEPTIONS

Any exceptions to the requirements of this solicitation MUST be submitted in accordance with Item 1.6

PROTEST OF SPECIFICATIONS / REQUIREMENTS. Exceptions submitted with your bid, or in any manner other than the process provided herein, may cause your bid to be ruled non-responsive and rejected.

1.16 ALTERNATE BIDS

Bidders may submit more than one offer. All offers must comply with the requirements of the ITB except that additional offers may incorporate, by reference, repetitive information which is provided in the complete offer.

1.17 BID OPENING/REQUEST FOR CLARIFICATIONS:

Bids received in response to this Invitation to Bid shall be opened at the scheduled closing date and time by EWEB Purchasing department. Bidders shall be informed only of the names of Bidders submitting bids and the total bid price. No other information shall be available at that time. Award decisions will NOT be made at the opening. Bidders wishing to view the Bid Opening may do so remotely and shall contact the Buyer at least 24 hours ahead of the bid opening to receive an MS Teams link.

After bid opening, EWEB may conduct discussions with apparent responsive Bidders for the purpose of clarification to assure full understanding of the bid. All bids needing clarification, in EWEB’s sole discretion, shall be accorded such an opportunity. EWEB shall document clarification of any Bidder’s bid.

EWEB reserves the right to waive any or all informalities and irregularities per EWEB Rule 3-0470.

1.18 METHOD OF BIDDING

Bidders shall complete all required fields on the Bid Form and Bid Price Worksheet. Failure to provide all requested information may result in the Bid being deemed non-responsive.

Unit prices shall be entered in the spaces provided. Where extensions or calculations are required, Bidders shall complete those calculations. In the event of a discrepancy between a unit price and an extended price, the unit price shall govern.

(A) Pricing shall be based on one (1) of three (3) delivery zones identified in Exhibit 3 - Delivery Zones.

Delivery zones are measured from the Kinder Morgan, Eugene Fuel Terminal, located at 1867 Prairie Road, Eugene, Oregon 97402, using straight-line ("as-the-crow-flies") distance.

The delivery zones are defined as follows:

Zone 1: Within 15 miles of the Eugene Fuel Terminal Zone 2: Greater than 15 miles and up to 40 miles from the Eugene Fuel Terminal Zone 3: Greater than 40 miles from the Eugene Fuel Terminal

Regardless of the terminal from which fuel is sourced, all delivery zone calculations under this Contract shall be based on the Eugene Fuel Terminal.

(B) Bid Price Worksheet

Each line item on the Bid Price Worksheet (Section 5 - Bid Form) shall be completed using the following methodology:

1) Delivery Zone - Select the applicable delivery zone (Zone 1, Zone 2, or Zone 3) corresponding to the delivery location identified in Exhibit 3.

2) Delivery Volume - Select the applicable delivery volume:

a) Tank Wagon Delivery: Less than 10,000 gallons

b) Truck and Trailer Delivery: Full load of approximately 10,000 gallons

c) Bulk Multi-Loads: Orders consisting of 20,000 gallons or more of the same fuel product delivered to a single location as part of one scheduled delivery event. Such deliveries may require multiple truck and trailer transports.

3) Estimated Annual Quantity - The Estimated Annual Gallons represent the anticipated annual fuel purchases by agency, delivery zones, fuel type, and delivery volume are identified in Exhibit 2.

These quantities are provided solely for bid evaluation purposes and do not constitute a guaranteed minimum purchase.

4) OPIS Rack Pricing - The Oil Price Information Service (OPIS) and the West Coast Spot Market Report (WCSMR) shall serve as the official fuel pricing references for this Contract.

The successful Contractor shall maintain an active subscription to both publications throughout the Contract term. These publications shall be the exclusive source used to establish daily rack pricing and reconcile fuel invoices.

No alternative pricing publications or methodologies shall be accepted unless specifically authorized in writing by EWEB.

EWEB has provided the specified OPIS Rack and the WCSMR Pricing for bid evaluation purposes only. These prices represent the “actual rack prices” for the listed products as published 24 hours prior to the bid opening date. The pricing information is supplied exclusively to assist Bidders in preparing their responses and shall not be construed as a guarantee of future prices or as a basis for invoicing under this specified OPIS Rack Pricing.

5) Price-Per-Gallon Margin

a) The “Bidders Price-Per-Gallon Bid Margin” shall include all costs necessary to perform the

Contract, including, but not limited to:

• Administrative costs

• Overhead

• Transportation

• Delivery and off-loading

• Fuel pickup

• Profit

• All other costs associated with Contract performance

b) In addition, the following additional requirements apply:

1. Bid margins may be entered to four (4) decimal places.

2. GOFC Members are exempt from all applicable Federal fuel taxes.

3. Applicable State of Oregon fuel taxes and fees shall not be included in the Bid Margin and shall instead appear as separate line items on invoices.

4. Applicable local or municipal fuel taxes and fees shall not be included in the Bid Margin and shall instead appear as separate line items on invoices.

5. SUPERFUND FEES: The Superfund tax is assessed at the refiner and importer level for crude oil and finished petroleum products, and its cost is passed through within the wholesale rack price. Because this cost is already embedded in rack pricing, it does not appear—and should not be listed—as a separate tax or line item on invoices or bids.

6. No additional fees, surcharges, delivery charges, fuel recovery charges, or similar costs shall be added during the Contract term unless specifically authorized by written Contract amendment.

c) The Bidder shall enter their Price‑Per‑Gallon Bid Margin in the designated field. This margin shall remain fixed and applied to each gallon of fuel throughout the term of the Contract, irrespective of fluctuations in OPIS‑published fuel prices, unless modified through a mutually agreed‑upon written amendment.

6) Extended Price - The Extended Price shall be calculated as the “Est. Annual Gallons” multiplied by the sum of both the “OPIS Rack Price” and the “Price-Per-Gallon Bid Margin” Estimated Annual Gallons X (OPIS Rack Price + Price-Per-Gallon Bid Margin) = Extended Price

7) Fuel Subtotal - The Fuel Subtotal shall equal the sum of all Extended Prices for each fuel type.

8) Total Bid Price - The Total Bid Price shall equal the sum of all Fuel Subtotals and shall be used for bid evaluation purposes.

(C) CFN Card-Lock Fueling

For Commercial Fueling Network (CFN) card-lock fueling services, the Bidder shall provide a firm, fixed “Price-Per-Gallon Bid Margin” applicable to all purchases made at participating CFN Fleetwide fueling locations.

Since CFN uses the OPIS average rack price as a benchmark for it network transaction, the Bidder shall continue to use this mark-up price specific to each gallon of fuel (either unleaded or diesel) regardless of fluctuations in the published OPIS Rack Average Price from Eugene, Oregon for the duration of this contract or via mutual agreement through formal amendment to this contract.

(D) Prompt Payment Discount Prompt payment discounts will not be considered in determining the lowest responsive Bid.

However, Bidders are encouraged to identify any discount offered for payment within ten (10) calendar days of receipt of a properly submitted invoice by completing the applicable field in Section 4B - Bid Form.

1.19 PROPRIETARY DATA/PUBLIC RECORD

This Invitation to Bid, together with copies of all documents pertaining to the award of a contract, shall be kept by EWEB and made a part of a file or record which shall be open to public inspection. If a bid contains any information that is considered a trade secret under ORS 192.345(2), each sheet of such information shall be marked with the following legend:

"This data constitutes a trade secret under ORS 192.345(2), and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS Chapter 192."

The Oregon Public Records Law exempts from disclosures only bona fide trade secrets, and the exemption from disclosure applies only "unless the public interest requires disclosure in the particular instance" ORS 192.345(2). Therefore, non-disclosure of documents or any portion of a document submitted as part of a bid may depend upon official or judicial determinations made pursuant to the Public Records Law.

The above restriction may not include cost or price information, which shall be open to public inspection.

BID EVALUATION & AWARD

1.20 METHOD OF AWARD

Award shall be made to the lowest responsive and responsible Bidder for the total of the items selected for award. Award shall be made to one Bidder and one Bidder only. EWEB reserves the right to withdraw any item(s) from award consideration if it is in the best interest of EWEB and/or GOFC members to do so.

EWEB reserves the right to make the award by item, groups of items, or entire bid, whichever is in the best interest of EWEB and GOFC members.

1.21 RECIPROCAL PREFERENCE

In determining the “lowest responsible Bidder,” EWEB adds a percentage increase to each out-of-state

Bidder’s bid price that is equal to the percentage given to local Bidders in that Bidder’s home state. For example, if the “lowest responsible Bidder” is from a state that grants a 10 percent preference to local Bidders, EWEB will add 10 percent to that Bidder’s price when evaluating the bid.

1.22 MINIMUM REQUIREMENTS: Evaluation of bids will be based on minimum requirements established by the

Technical Specifications / Statement of Work, if any, and compliance with the terms and conditions of the Invitation to Bid.

1.23 INVESTIGATION OF REFERENCES

EWEB reserves the right to request and investigate the references and the past performance of any Bidder with respect to its successful performance of similar services, compliance with specifications and contractual obligations, and its lawful payment of suppliers, subcontractors, and workers. EWEB may postpone the award or execution of the Contract after the announcement of the apparent successful Bidder in order to complete its investigation. EWEB reserves the right to reject any bid response or to reject all bid responses at any time prior to EWEB’s execution of Contract, upon good cause and upon EWEB finding that it is in the public interest.

1.24 PRIOR ACCEPTANCE OF DEFECTIVE BIDS

Due to limited resources, EWEB generally will not completely review or analyze any bid response which on its face fails to comply with the requirements of the bid documents or which clearly is not the best bid, nor will EWEB generally investigate the references or qualifications of those who submit such bid responses. Therefore, neither the release of a Bidder’s bid bond, the return of a bid response, nor acknowledgment that the selection is complete shall operate as a representation by EWEB that a response was complete, sufficient, or lawful in any respect.

1.25 TIME FOR ACCEPTANCE

Bids shall be valid and binding offers for a period of thirty (30) days from the closing date (unless otherwise specified in the solicitation document) and may not be modified or withdrawn after the closing date and time.

1.26 BID RESULTS

To obtain bid results, notes may be taken at the public reading of the bid or a personal inspection may be made of the bid files at a later date, BY APPOINTMENT. Bid tabulations may be obtained electronically at the State of Oregon's bid site ("Oregon Buys"): https://oregonbuys.gov/bso/. (Search for bid # 26-068- GS.) EWEB may, as a courtesy, provide the notification of Intent to Award to all participating Bidders.

1.27 PROTEST OF AWARD (EWEB Rule 3-0740)

A Bidder may protest the award or intent to award a contract if: The Bidder is adversely affected because the Bidder would be eligible to be awarded the Contract in the event that the protest were successful;

and the reason for the protest is that all lower bids are nonresponsive; or EWEB has failed to conduct the evaluation of bids in accordance with the criteria or processes described in the solicitation document; or EWEB has abused its discretion in rejecting the protestor's bid as nonresponsive; or EWEB's evaluation of bids or EWEB's subsequent determination of award is otherwise in violation of EWEB Rules.

Eligible Bidders protesting award shall follow the procedures described herein. Protests that do not follow these procedures shall not be considered. This protest procedure constitutes the sole administrative remedy available to Bidders.

a) Protests must be received within seven (7) days after issuance of the Notice of Intent to Award the

Contract. EWEB will not consider late protests.

b) All protests must be in writing, signed by the protesting party or an authorized Agent and submitted to the EWEB Purchasing Contact listed on page 1. The protest must state all facts and arguments on which the protesting party is basing the protest.

c) Only protests stipulating an issue of fact concerning a matter of bias, discrimination or conflict of interest, non-compliance with procedures described in the procurement documents, or EWEB policy shall be considered. Protests based on procedural matters will not be considered.

d) EWEB’s Purchasing Supervisor will review the protest and will email or mail the protesting party a written response within three (3) business days of receipt of the written protest to the email address or postal address provided in the bid or bid. Any written response may be comprised of a determination of the protest, a notice to the protesting party of the need for additional time in which to evaluate the matter, or other notice to the protesting party.

e) If the Purchasing Supervisor’s determination (response) is adverse to the protester, any further appeal of the Purchasing Supervisor’s determination by the party must be submitted in writing to EWEB’s General Manager within three (3) business days of issuance of the Purchasing Supervisor’s determination (response).

f) EWEB’s General Manager will review any appeal of the Purchasing Supervisor’s determination and shall email or mail, in accordance with the email address/postal address provided in the bid, the protesting party a written response within three (3) business days of receipt of written appeal.

g) If the determination of the General Manager is adverse to the protesting party’s interest, the protesting party may only appeal to EWEB’s Board of Commissioners by filing a written notice of appeal to the Board with the General Manager within two (2) business days of issuance of the General Manager’s written determination.

h) The Contract Review Board, in considering the protest, shall review the documentation presented to the Purchasing Supervisor and the General Manager on or before the next regularly scheduled Board Meeting, but in no event shall they be required to review in less than ten (10) business days, and thereafter, base their decision on such material. The Board review will be limited to the evaluation of compliance with EWEB’s policies and procedures, requirements of the RFP or ITB and the equal and fair application of EWEB’s contracting rules. The Contract Review Board's determination shall be EWEB's final decision.

An adversely affected or aggrieved Bidder must exhaust all avenues of administrative review procedures and relief before seeking judicial review of EWEB's Contractor selection or Contract Award decision.

1.28 RESERVED

1.29 COMMENCEMENT OF WORK

Contractor shall commence no work under the Contract, if awarded, until all certificates of insurance, as required in the Sample Contract (Exhibit #1), have been provided and a Notice to Proceed or a purchase order has been issued by EWEB.

1.30 SCHEDULE OF EVENTS

The schedule of events set out herein represent Eugene Water & Electric Board’s best estimate of the schedule that will be followed.

Invitation to Bid Issued July 1, 2026

Last Date for EWEB to Receive Protests of Requirements/Specifications/Terms July 15, 2026

Last day for EWEB to receive questions from Bidders July 21, 2026

Last day EWEB will post Addenda July 23, 2026

To ensure your submission is received prior to the closing date and time, it is recommended that you begin the submittal process on the OregonBuys website at least 72-hours prior to the closing date

Closing Date (last day to submit bids to EWEB) July 30, 2026

Responses Evaluated July 30 – 31, 2026

Intent to Award Announcement August 3, 2026

Board Approval September 1, 2026

Contract Award September 2-4, 2026

2. SUSTAINABILITY

EWEB is interested in products and services that have a reduced impact on human health and the environment, make the most efficient use of natural resources, and that more fully support communities and economies when compared to competing products and services serving the same purpose. For more information regarding sustainability in procurement and related EWEB policy and plans, please contact EWEB’s Purchasing Office at 541-685-7500. The awarded offeror will be expected to support EWEB’s goals by implementing the following strategies where applicable.

2.1 WASTE REDUCTION

Pursuant to EWEB’s Zero Waste efforts, EWEB aims to prevent waste where possible. In order to increase efficient use of resources, the awarded offeror shall adhere to the following items as applicable.

2.1.1 Packaging for goods that is unnecessary beyond packaging compliance or practical safe shipping methods shall be reduced. Offeror to ship goods using one or more of the following methods:

a. Ship products in reusable, refillable, or returnable containers. For example, reusable trays or totes, which can be stored and returned;

b. Minimal packaging material used inside containers. This includes eliminating or reducing the amount of non-recyclable bubble wrap, foam pellets or other like material;

c. Eliminate non-essential parts of packaging, such as individual wrapping of components;

d. Use packaging made with recycled content, biodegradable, and/or non-toxic materials.

e. No point of purchase material or promotional literature.

2.1.2 The awarded offeror is to duplex all paper materials that are prepared for EWEB under the

Contract, whether such materials are printed or copied, except when impracticable to do so due to the nature of the product being produced.

2.2 FUEL REDUCTION

2.2.1 EWEB expects suppliers to review the manufacturing process for increased efficiency overtime.

Shipping should be routed efficiently with efforts made to ship in the shortest and most efficient route. EWEB prefers to receive shipments in full rather than receiving multiple shipments.

2.2.2 In the interest of reducing air and noise pollution, greenhouse gas emissions and promoting energy conservation, all gasoline and diesel powered vehicles and equipment shall be idled only as necessary to perform the required duties, including delivery, and for the essential function(s) of the equipment. A driver of a vehicle must turn off the engine upon stopping at the destination, and must not cause or allow an engine to idle at any location for more than 20 seconds. This idling policy applies except in the following situations:

a. The health and safety of employees, subcontractors or public is compromised by turning off the vehicle.

b. The engine is required to power auxiliary equipment (e.g. hoist, lift platforms, hydraulic tools, inverters, compactors, medical equipment, specialized public safety radio communication and computer systems, etc.)

c. Vehicle/equipment manufacturer requires additional idle time for warm up or cool down for efficient and proper mechanical or functional operation of the unit.

2.3 ENVIRONMENTALLY PREFERRED PRODUCTS

To promote and encourage environmentally sustainable practices for companies doing business with EWEB, EWEB requests vendors under EWEB contract use environmentally preferable products in production of EWEB work products.

2.3.1 The awarded offeror should use environmentally preferable materials that meet performance requirements wherever practical in the fulfillment of this agreement. Environmentally preferable products and services have characteristics that include but are not limited to the following:

• Energy efficient

• Non-toxic, non-bio accumulative

• Reusable or upgradeable

• Recyclable

• Contain post-consumer recycled materials

• Produce fewer polluting by-products and/or safety hazards during manufacture, use or disposal, and/or

• Are certified by an independent accredited third party program such as Eco Logo or ENERGY

STAR.

2.3.2 EWEB desires the use of post-consumer recycled content, chlorine-free paper to encourage environmentally preferable practices for EWEB business wherever practical in the fulfillment of the Scope of Work.

2.4 SOCIAL EQUITY

2.4.1 EWEB supports the use of Minority, Women, Emerging Small Businesses (M/W/ESB), local businesses, Disadvantaged Business Enterprises and Qualified Rehabilitation Facilities (QRF) at both a prime and subcontracting and/or supply chain level. EWEB encourages the awarded offeror to use the following voluntary practices to promote open competitive opportunities for disadvantaged businesses as applicable:

a. Access lists of certified minority, women, emerging small business or disadvantaged business enterprises from the Oregon State Office of Minority, Women and Emerging Small Business (OMWESB) by visiting their website at: http://www4.cbs.state.or.us/ex/dir/omwesb/

b. Visit the Oregon State Qualified Rehabilitation Facilities Program website at http://dasapp.oregon.gov/qrf/index.aspx to search for Qualified Rehabilitation Facilities from whom to procure products or services.

2.4.2 EWEB supports the use of safe products to protect the lives of the Contractor, subcontractors, and EWEB employees. Suppliers of products must meet local fire, EPA, and OSHA requirements.

2.5 SUSTAINABILITY – Clean Fuels Program Requirements

2.5.1 The Oregon Department of Environmental Quality (DEQ) administers the Clean Fuels Program, which establishes annual carbon intensity (CI) standards for transportation fuels used within Oregon. Carbon intensity measures the lifecycle greenhouse gas emissions associated with certain fuels, with conventional gasoline and diesel generally having higher CI values than lower-carbon alternatives. Fuel providers are required to demonstrate that the fuel(s) supplied for use in Oregon complies with the annual CI standards established by DEQ.

2.5.2 GOFC and its member agencies are committed to supporting Oregon's greenhouse gas reduction goals by procuring transportation fuels with lower carbon intensity whenever practical and economically feasible. As DEQ continues to reduce the allowable carbon intensity standards over time, GOFC encourages suppliers to provide fuels sourced through lower-carbon fuel pathways.

2.5.3 Bidders should identify the carbon intensity values for the fuel pathways proposed under this solicitation and describe their ability to supply fuels with CI values below the applicable weighted average carbon intensity values published by the Oregon DEQ Clean Fuels Program.

http://www4.cbs.state.or.us/ex/dir/omwesb/ http://dasapp.oregon.gov/qrf/index.aspx

3. TECHNICAL SPECIFICATIONS & REQUIREMENTS

3.1 BACKGROUND / OBJECTIVES

Eugene Water & Electric Board (EWEB), acting as the administering contracting agency on behalf of the Greater Oregon Fuel Cooperative (GOFC), is issuing this Invitation to Bid (ITB) to establish a regional fuel supply contract for participating GOFC Member agencies. The GOFC is a cooperative purchasing organization comprised of public agencies throughout Oregon that collaborate to obtain competitively priced, high-quality fuel products through a single solicitation and contract.

The resulting Contract will provide GOFC Members with a reliable and competitively priced source for the purchase and delivery of transportation fuels, including bulk fuel deliveries to agency-owned fueling facilities and access to commercial card-lock fueling locations where applicable. The Contract is intended to provide consistent pricing, standardized contract terms, dependable supply, and efficient fuel distribution while allowing participating agencies to purchase fuel on an as-needed basis.

The objectives of this solicitation are to:

• Establish a single regional fuel supply contract that provides participating GOFC Members with dependable access to high-quality motor fuels throughout the Contract term.

• Obtain competitive pricing based upon transparent market-indexed pricing using the Oil Price Information Service (OPIS) and OPIS West Coast, Spot Market Report (WCSMR), together with firm fixed per-gallon Bid Margins.

• Ensure uninterrupted fuel availability through qualified suppliers capable of maintaining adequate inventory, transportation resources, and emergency response capabilities.

• Promote consistency in fuel quality, invoicing, ordering procedures, and delivery practices across all participating GOFC Member agencies.

• Support compliance with applicable federal, State of Oregon, and local laws, regulations, fuel quality standards, environmental requirements, and Oregon's Clean Fuels Program.

• Provide flexibility for GOFC Members to purchase conventional fuels, biodiesel blends, renewable diesel, ethanol products, and card-lock fueling services based upon each agency's operational requirements.

• Encourage efficient fuel delivery practices that minimize administrative costs while providing responsive customer service and dependable delivery performance.

This solicitation is intended to result in the award of a single Contract to the lowest responsive and responsible Bidder whose bid satisfies the requirements of this ITB. The successful Contractor shall furnish all labor, equipment, transportation, materials, supervision, and services necessary to supply, transport, deliver, and invoice fuel products in accordance with the requirements of this solicitation and the resulting Contract.

3.2 SCOPE OF SERVICES

The Contractor shall furnish all labor, equipment, transportation, supervision, materials, quality control, permits, and incidentals necessary to provide bulk fuel deliveries throughout the Contract term. All products shall be delivered ready for immediate use and shall comply with this solicitation.

3.3 LENGTH OF CONTRACT

The contract for this project (“Contract”) will have an initial term of three years, beginning on November 5, 2026, and ending November 4, 2029. EWEB may, at its sole discretion, and mutual agreement with the Contractor, extend the contract for additional renewal periods, not to exceed a total contract duration of five years (ending no later than November 4, 2031).

3.4 ESTIMATED QUANITIES

Estimated annual quantities are provided solely for bid evaluation. They do not constitute a guarantee of purchase. GOFC Members reserve the right to increase, decrease, or eliminate purchases based upon operational requirements. Bidders shall not rely on these figures as a commitment by EWEB to purchase any specific quantity of goods.

3.5 LOCATION OF WORK

The location of the work is to be performed, completed and managed at the Contractor’s business location, and is measured from the Eugene (Kinder Morgan) Fuel Terminal located at 1867 Prairie Road, Eugene, Oregon 97402.

EWEB or GOFC Members WILL NOT provide workspace for the Contractor, with the exception of the unloading of fuel on EWEB owned or controlled properties. Otherwise, the Contractor must provide its own workspace.

3.6 DELIVERY PERSONNEL AND SAFTEY

Drivers shall be properly licensed, trained, and qualified to transport hazardous materials.

The Contractor shall comply with all applicable DOT, OSHA, EPA, and fire code requirements while on agency property and shall immediately report spills, releases, or safety incidents.

3.6 DELIVERY SITE LOCATIONS

See EXHIBIT 2.

3.7 ORDERING

Items of this solicitation will be ordered and/or purchased on an as-needed basis.

3.8 SECTION A - FUEL REQUIREMENTS FOR FUEL DELIVERIES TO GOFC FACILITIES

Contractor is responsible for constructing and providing all goods in accordance with the specifications.

Any deviations from the specifications provided in this Contract shall be requested by Contractor in writing and agreed to by EWEB in the form of an Amendment to this Contract.

Any errors, confusion, or alterations in Contractor’s drawings that differ from the material specifications of this Contract shall NOT be considered accepted by EWEB, whether-or-not EWEB signs-off on the drawing, unless an Amendment acknowledging and accepting the change has been executed by EWEB.

Contractor is responsible for any and all costs associated with correcting goods that are not built in compliance with the requirements of this Contract, including all freight charges incurred for the return and re-shipment of deficient goods.

3.8.1 METERING

All delivery meters shall be certified by the Oregon Department of Agriculture, Weights and Measures Division.

Deliveries shall be temperature corrected to 60°F and supported by meter tickets or Highway Transportation Receipts identifying product, quantity, transport identification, loading terminal, and delivery date.

3.8.1 APPLICABLE REGULATIONS AND STANDARDS

Fuel supplied under this Contract shall comply with:

• Oregon Motor Fuel Quality Regulations;

• Oregon Clean Fuels Program (CFP);

• U.S. EPA fuel regulations;

• Applicable ASTM International fuel specifications;

• Oregon Department of Agriculture Weights and Measures requirements;

• All applicable federal, state, and local laws in effect on the delivery date.

Where standards are revised during the Contract, the most current adopted edition shall apply unless otherwise prohibited by law.

3.8.2 FUEL PRODUCTS

The fuels in the contract are to shall be registered under Oregon Clean Fuels Program as a minimum:

• E10 Unleaded Gasoline (87 Octane)

• Pure Ethanol for splash blending

• B5 Ultra-Low Sulfur Diesel

• B20 Ultra-Low Sulfur Diesel

• R99 Renewable Diesel EWEB reserves the right to add or remove products during the Contract where mutually agreed.

3.8.3 ESTIMATED ANNUAL FUEL VOLUME:

The estimated annual fuel volume for delivery of this contract is approximately 2,995,000 gallons:

• 740,000 gallons E10 Unleaded (10% ethanol / 90% gasoline).

• 35,000 gallons Pure Ethanol (to be used for blending with E10, to obtain E15-E85 Fuels).

• 425,000 gallons B5 diesel (5% biodiesel / 95% diesel).

• 20,000 gallons B20 diesel (20% biodiesel / 80% diesel).

• 1,750,000 gallons of R99 Renewable Diesel.

The estimates provided above are approximations only and may differ from the actual requirements used by GOFC Members. Therefore, the estimated annual fuel volumes in this subsection are for bid‑tabulation purposes only. These estimates do not represent a guarantee of the quantities that may be purchased under the resulting Contract. Actual procurement levels may be higher or lower than the estimates shown.

Bidders shall not rely on these figures as a commitment by EWEB or any GOFC Member to purchase any specific quantity of goods. GOFC Members are not obligated to purchase any minimum amount under this solicitation or the resulting Contract.

3.8.5 CONTRACT PRICE PER GALLON DETERMINATION

The Oil Price Information Service (OPIS) shall serve as the official pricing index for this Contract. OPIS pricing shall be used to establish contract fuel prices and to verify and reconcile all supplier invoices throughout the Contract term.

The applicable OPIS publication shall be the 10:00 a.m. (Eastern Time) OPIS Wholesale Rack Report for the designated terminal and delivery location identified in this Invitation to Bid.

a) Fuel Price Index - All Bid prices shall be based on the applicable OPIS Wholesale Rack using the

OPIS Spot Mean methodology.

b) CAP-at-the-Rack (CAP) Pricing - Where OPIS publishes a 'Prices With CAR Cost' benchmark, that benchmark shall be used for bid evaluation, contract pricing, and invoice reconciliation.

For products where OPIS does not publish a CAR-inclusive benchmark (such as certain renewable fuels such as Ethanol and R99 products), pricing shall be based upon the applicable OPIS methodology available at the time of delivery.

If OPIS subsequently establishes a CAR-inclusive benchmark for any product during the Contract term, that benchmark shall automatically become the Contract pricing methodology without requiring a contract amendment.

3.8.6 CONTRACT PRICING BY PRODUCT

For bulk fuel deliveries of E10 Unleaded, B5 Ultra-Low Sulfur Diesel, B20 Ultra Low Sulfur Diesel, and R99 Renewable Diesel shall use these racks for contract prices during the contract period.

No other price method, or publications will be considered for these fuels.

a) E10 Unleaded Gasoline:

• Fuel Terminal - Eugene OR. (10:00 EDT)

• OPIS Gross CBOB Ethanol (10%) Prices with Car Cost

• Column - Unl (Unleaded)

• Line – CONT UBD AVG (Contract Unbranded Average)

Example:

b) B5 Ultra-Low Sulfur Diesel:

• Fuel Terminal - Eugene OR. (10:00 EDT)

• OPIS Gross Wholesale B5 SME Biodiesel Prices with Car Cost

• Column - ULS (Ultra Low Sulfur) No.2

c) B20 Ultra-Low Sulfur Diesel:

• Fuel Terminal - Eugene OR. (10:00 EDT)

• OPIS Gross Wholesale B20 SME Biodiesel Prices with Car Cost,

• Column - ULS (Ultra Low Sulfur) No.2

d) R99 Renewable Diesel: although there is currently no available rack for R99, the Contractor shall use the same 10AM OPIS Daily UBD Rack Average for B5 Ultra Low Sulfur Diesel rack price for R99 Renewable Diesel.

• Fuel Terminal - Portland OR. (10:00 EDT)

• OPIS Gross Renewable R99 Ultra Low Sulfur Distillate Prices

• Column - No.2

e) West Coast Spot Market Report (WCSMR), is a daily report for West Coast Spot Prices.

This daily market report publication for OPIS Ethanol Prices shall be utilized to determine Pure Ethanol contract prices during the contract period for blending E15, E20 and E85 fuels.

No other price method, or publications will be considered for Pure Ethanol pricing.

• US West Coast Ethanol

• Ethanol Prices (cts/gal)

• Column – Avg

• Line – Oregon

3.8.7 BLENDING

All blending of ethanol shall occur prior to arrival at the delivery location. Splash blending performed within transport tank compartments is acceptable.

Ethanol blended (greater than E10) shall be based on the blended makeup of CBOB Ethanol (10%) and Pure Ethanol. Examples of blends:

• E15 shall be 94.4% “CBOB E10 Ethanol” with 5.6% “Pure Ethanol”.

• E20 shall be 88.8% “CBOB E10 Ethanol” with 11.1% “Pure Ethanol”.

• E85 shall be 16.7% “CBOB E10 Ethanol” with 83.3% “Pure Ethanol”.

When products are custom blended, the invoice price shall be calculated using the applicable OPIS benchmark for each component multiplied by the percentage of each component contained within the finished blend, plus the Contractor's applicable Bid Margin unless otherwise specified in the Bid Schedule.

3.8.8 RACK PRICE DETERMINATION ON DELIVERY DAY

The OPIS or WCSMR rack price specified in this section shall reflect the published price for the product on the actual day of delivery. If the OPIS publication is unavailable due to holidays or other circumstances, the next available OPIS or WCSMR publication will be used to determine the price.

3.8.9 TAXES AND GOVERNMENT FEES

Federal, state, and local taxes and regulatory fees shall be invoiced only as permitted by law. Any tax exemptions applicable to GOFC Members shall be honored. Taxes and fees shall be shown as separate line items and shall not be incorporated into the Contractor's Bid Margin. These taxes and fees shall be billed as a separate line item on invoice.

3.8.10 CONTRACT PRICING AND DURATION

The Price‑Per‑Gallon Bid Margin submitted on the Bid Form (Section 5) will be used to determine the invoiced price per gallon for the entire term of the contract.

3.8.11 ORDERING METHODS

GOFC Members may utilize any combination of:

• Call-in orders

• Scheduled recurring deliveries

• Keep-Full inventory management

• Forecasted seasonal deliveries

• Emergency deliveries

The Contractor shall maintain adequate dispatch capability to support all ordering methods.

3.8.12 DELIVERY

1. The Contractor shall provide complete bulk fuel delivery services, including scheduling, transportation, off-loading, documentation, and confirmation of delivery.

Normal Deliveries:

• Complete within forty-eight (48) hours after receipt of order.

• Deliver Monday through Friday between 7:00 a.m. and 4:00 p.