RFP #2026-01 AVIATION FUELS SUPPLY, EQUIPMENT AND SERVICES.pdf

CITY OF PORTALES

REQUEST FOR PROPOSAL (RFP) 2026-01

AVIATION FUELS SUPPLY, EQUIPMENT AND SERVICES

Date Issued: Wednesday, October 8, 2025

Proposal Due Date: November 6, 2025

2:00 p.m. MST

NIGP COMMODITY CODE: 40518, 94635

Please carefully read all instructions, specifications, terms and conditions. Failure to comply with the instructions, specifications, terms and conditions of this RFP may result in your proposal submittal being classified as unresponsive and disqualified.

I. INTRODUCTION

PURPOSE OF THIS REQUEST FOR PROPOSALS

SCOPE OF PROCUREMENT

PROCUREMENT OFFICER

DEFINITION OF TERMINOLOGY

PROCUREMENT LIBRARY

A. SEQUENCE OF EVENTS

*CONTRACT AWARD IS SUBJECT TO APPROVAL OF THE CITY OF PORTALES COUNCIL

B. EXPLANATION OF EVENTS

1. Issuance of RFP

2. Acknowledgement of Receipt

3. Pre-proposal Conference

4. Deadline to Submit Written Questions

5. Response to Written Questions

6. Submission of Proposal

7. Proposal Evaluation

8. Notification of Finalists

9. Best and Final Offers

10. Finalize Contractual Agreements

11. Contract Awards

12. Protest Deadline

C. GENERAL REQUIREMENTS

1. Acceptance of Conditions Governing the Procurement

2. Incurring Cost

3. Prime Contractor Responsibility

4. Subcontractors/Consent

5. Amended Proposals

6. Offeror’s Rights to Withdraw Proposal

7. Proposal Offer Firm

8. Disclosure of Proposal Contents

9. No Obligation

10. Termination

11. Sufficient Appropriation

12. Legal Review

13. Governing Law

14. Basis for Proposal

15. Contract Terms and Conditions

16. Offeror’s Terms and Conditions

17. Contract Deviations

18. Offeror Qualifications

19. Right to Waive Minor Irregularities

20. Notice of Penalties

21. City of Portales Rights

22. Ownership of Proposals

23. Confidentiality

24. Electronic mail address required

25. Use of Electronic Versions of this RFP

26. New Mexico Employees Health Coverage

27. Campaign Contribution Disclosure Form

28. Letter of Transmittal

29. New Mexico Preferences……………………………………………………………………………………………………………………………16

III. RESPONSE FORMAT AND ORGANIZATION

A. NUMBER OF RESPONSES

B. NUMBER OF COPIES

C. PROPOSAL FORMAT

1. Proposal Content and Organization

IV. SPECIFICATIONS

A. INFORMATION

1. Resident Business Preference

2. Resident Veterans Preference Certificate

3. Response to Requirements

B. MANDATORY REQUIREMENTS

1. Statement of Qualifications - Experience (20 Points)

2. Safety /Compliance (20 Points)…………………………………………………………………………………………………………………….…18

3. General QualificaBons and Knowledge (20 Points) ………………………………………………………………………………………..18

4. Attendance and Availability (20 Points)

5. Capability and Agreement to Perform (0 Points)

6. Insurance (0 Points) ……………………………………………………………………………………………………………………………………….18

7. References (20 Points)

C. BUSINESS SPECIFICATIONS .................................................................................. ………………………………..…….19

1. Letter of Transmittal Form

2. Campaign Contribution Disclosure Form

A. EVALUATION POINT SUMMARY

B. REFERENCES

C. INTERVIEWS

D. NEGOTIATIONS

E. EVALUATION FACTORS

1. Letter of Transmittal

2. Campaign Contribution Disclosure Form

3. New Mexico Preferences

F. EVALUATION PROCESS

APPENDIX A

ACKNOWLEDGEMENT OF RECEIPT FORM

APPENDIX B

CAMPAIGN CONTRIBUTION DISCLOSURE FORM

APPENDIX C

SAMPLE CONTRACT

SCOPE OF WORK

APPENDIX D

LETTER OF TRANSMITTAL FORM

APPENDIX E

RESIDENT VETERANS CERTIFICATION

I. INTRODUCTION

A. PURPOSE OF THIS REQUEST FOR PROPOSAL

The purpose of this RFP is to solicit offers from qualified producers and suppliers of avia?on fuels and lubricants to supply bulk and branded 100LL Avgas and Jet A avia?on fuels for storage and resale, and to provide other business support services to the City of Portales Municipal Airport.

B. SCOPE OF PROCUREMENT

The City of Portales is seeking a provider that provides quality fuel while providing quality service to the users of Portales Municipal Airport. The Offeror will be skilled and educated in all opera?ons related to fuel delivery to include soDware, hardware, and equipment services. The Offeror will work with the Director of Avia?on for

Portales Municipal Airport and its staff to provide quality service. The Offeror will need to be able to provide:

Fuel -

The successful offeror must supply transport with equipment (pumps) capable of offloading fuel (100LL Avgas and Jet A) into Portales Municipal Airport’s storage tanks. For quality control and safety all fuel deliveries must comply with NFPA 407 Standards, 49 CFR Part 139 and FAA Advisory Circular 150-5230-4B or current AC.

Offeror must meet all local, federal and state requirements. It is required that brand iden?fica?on decals are placed on the two storage tanks. Signage and decals will be installed by the successful offeror within 30 days of Contract award.

Services -

Offeror must provide merchant services accep?ng Visa, MasterCard, Discover, American Express, Mul?-Service, Aircard, UVAir, Military/Government Cards and Colt. A credit card terminal will be provided at no addi?onal charge to transmit transac?ons via a normal toll-free phone line or internet. Merchant Services must be capable of iden?fying Aircard customers that are exempt from Federal excise tax (i.e. U.S. military) and providing a rebate to the City. Ini?al set-up and subsequent changes shall be made at no cost to the City.

Offeror shall have a customer service program in place that includes a representa?ve that can answer fueling and Quality Control ques?ons and provide support in a ?mely manner. Representa?ves should have experience with the FAA regula?ons required to support the Airport’s requirements for FAA Cer?fica?on.

Pricing and Payment Terms –

1. The successful Offeror shall provide fuel to the Airport pursuant to the terms of the fuel supply agreement. Offeror specifically and expressly acknowledges that the fuel supply agreement will provide for and offer the constant term, pricing, and payment terms to the Airport.

2. Avgas Fuel and Jet A Fuel shall be based on the supplier’s rack price. The proposals should demonstrate the rate broken down by component.

3. Proposal shall include a pricing strategy to be used for the dura?on of the contract.

4. Payment Terms shall be no less than Net 30.

Delivery and Supply

1. Offeror shall be a refiner, producer or marketer of Avgas 100LL and Jet A fuel mee?ng standards established from ?me to ?me by the Federal Avia?on Administra?on (FAA) and by manufacturers of the aircraD rou?nely operated in the United States.

2. Offeror shall be able to supply fuel to the Airport with avia?on fuels for up to four (4) years.

3. Offeror shall provide ordering capability 24 hours a day, 7 days a week.

4. Offeror shall provide delivery capability between 8:00 a.m. and 4:00 p.m.

5. Offeror shall provide delivery within 72 hours of placed order.

6. Offeror shall indicate the primary loca?on of supply and describe its con?ngency plan in case of interrupted fuel delivery from the primary delivery point. A minimum of one (1) secondary loca?on/plan shall be iden?fied.

C. CHIEF PROCUREMENT OFFICER (CPO):

1. The City of Portales Chief Procurement Officer is responsible for the conduct of this procurement whose name, address, telephone number and email address are listed below:

Name: Chief Procurement Officer/Lisa Gamble

Address: 1028 Community Way, Portales, NM 88130

Telephone: 575-356-6662 Ext. 1040

Email: cpoportales@portalesnm.gov

2. All deliveries of responses via mail or courier must be addressed as follows:

Name: Chief Procurement Officer/Lisa Gamble

RFP Name: RFP #2026-01 Avia?on Fuels Supply, Equipment and Services

Address: City of Portales, Purchasing Department

1028 Community Way, Portales, NM 88130

3. Any inquiries or requests regarding this procurement should be submiOed in wri?ng to the Chief

Procurement Officer. Offerors may contact ONLY the Chief Procurement Officer regarding this procurement.

Other City employees do not have the authority to respond on behalf of the City of Portales.

Protests of the solicita@on or award must be delivered by mail to the Chief Procurement Officer. The Chief

Procurement Officer shall act as a Protest Manager as pursuant to NMSA 1978, §13-1-172. ONLY protests delivered directly to the Chief Procurement Officer in wri?ng by the protest deadline indicated in the Sequence of Events will be considered to have been submiOed properly and in accordance with statute, rule and this

Request for Proposal. Emailed protests will not be considered as properly submiOed.

D. DEFINITION OF TERMINOLOGY

This sec?on contains defini?ons of terms used throughout this procurement document, including appropriate abbrevia?ons:

“Authorized Purchaser” means an individual authorized by a Par?cipa?ng En?ty to place orders against this contract.

“Award” means the final execu?on of the contract document.

“Business Hours" means 8:00 AM through 5:00 PM MST or DST, whichever is in use at that ?me.

“Close of Business” means 5:00 PM MST or DST, whichever is in use at that ?me.

“Confiden@al” means confiden?al financial informa?on concerning Offeror’s organiza?on and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act NMSA 1978, 57-3A-1 to 57-3A-7.

See NMAC 1.4.4.45. As one example, no informa?on that could be obtained from a source outside this

Request for Proposal can be considered confiden?al informa?on.

“Contract” means any agreement for the procurement of items of tangible personal property, services or construc?on.

“Contractor” means any business having a contract with the City of Portales.

“Determina@on” means the wriOen documenta?on of a decision of a procurement officer including findings of fact required to support a decision. A determina?on becomes part of the procurement file to which it pertains.

“Desirable” the terms “may, can, should, preferably or prefers” iden?fy a desirable or discre?onary item or factor.

“Electronic Version/Copy” means a digital form consis?ng of text, images or both readable on computers or other electronic devices that include all content that the Original and Hard Copy proposals contain. The digital form may be submiOed using a USB flash drive. The electronic version/copy can NOT be emailed.

“Hourly Rate” means the proposed fully loaded maximum hourly rates that include travel, per diem, fringe benefits and any overhead costs for contractor personnel, as well as subcontractors personnel if appropriate.

“Mandatory" the terms "must", "shall", "will", "is required", or "are required", iden?fy a mandatory item or factor. Failure to meet a mandatory item or factor will result in the rejec?on of

Proposal.

“Minor Technical Irregulari@es” means anything in the Proposal that does not affect the price quality and quan?ty or any other mandatory requirement.

“Offeror" is any person, corpora?on, or partnership who chooses to submit a Proposal.

“Chief Procurement Officer” means the person or designee authorized by the City of Portales to administer procurements and make wriOen determina?ons with respect thereto.

“Procuring Agency" means the City of Portales.

“Project” means a temporary process undertaken to solve a well-defined goal or objec?ve with clearly defined start and end ?mes, a set of clearly defined tasks, and a budget. The project terminates once the project scope is achieved, and project acceptance is given by the project execu?ve sponsor.

“Redacted” means a version/copy of the Proposal with the informa?on considered confiden?al as defined by NMAC 1.4.1.45 and defined herein and outlined in Sec?on II.C.8 of this RFP blacked out BUT NOT omiOed or removed.

“Request for Proposal (RFP)" means all documents, including those aOached or incorporated by reference, used for solici?ng Proposals.

“Responsible Offeror" means an Offeror who submits a responsive Proposal and who has furnished, when required, informa?on and data to prove that his financial resources, produc?on or service facili?es, personnel, service reputa?on and experience are adequate to make sa?sfactory delivery of the services, or items of tangible personal property described in the Request for Proposal.

“Responsive Offer" means a proposal which conforms in all material respects to the requirements set forth in the Request for Proposal. Material respects of a Request for Proposal include, but are not limited to price, quality, quan?ty or delivery requirements.

“Sealed” means, in terms of a non-electronic submission, that the Proposal is enclosed in a package which is completely fastened in such a way that nothing can be added or removed. Open packages submiOed will not be accepted except for packages that may have been damaged by the delivery service itself. The City reserves the right, however, to accept or reject packages where there may have damage done by the delivery service itself. Whether the package has been damaged by the delivery service or leD unfastened and should or should not be accepted is a determina?on to be made by the Chief

Procurement Officer. By submiWng a Proposal, the Offeror agrees to and concurs with this process and accepts the determina?on of the Chief Procurement Officer in such cases.

“Staff" means any individual who is a full-?me, part-?me, or an independently contracted employee with the Offerors’ company.

“Statement of Concurrence” means an affirma?ve statement from the Offeror to the required specifica?on agreeing to comply and concur with the stated requirement(s). This statement shall be included in Offerors Proposal. (E.g. “We concur”, “Understands and Complies”, “Comply”, “Will

Comply if Applicable” etc.)

“Unredacted” means a version/copy of the Proposal containing all complete informa?on including any that the Offeror would otherwise consider confiden?al, such copy for use only for the purposes of evalua?on.

“City” means the City of Portales.

“WriKen” means typewriOen on standard 8 ½ x 11-inch paper. Larger paper is permissible for

Charts, spreadsheets, etc.

PROCUREMENT LIBRARY

The Procurement Library consists of the following documents which may be accessed by their associated links:

New Mexico Procurement Code

Chapter 13 - Public Purchases and Property -

NMOneSource.comhttps://nmonesource.com/nmos/nmsa/en/item/4378/index.do#!fragment/zoupio-

_Toc175762169/BQCwhgziBcwMYgK4DsDWszIQewE4BUBTADwBdoAvbRABwEtsBaAfX2zgEYB2AVi4DYAT

B34BOAJQAaZNlKEIARUSFcAT2gByDZIiEwuBEpXqtOvQZABlPKQBC6gEoBRADJOAagEEAcgGEnkqRgAEb

QpOzi4kA

II. CONDITIONS GOVERNING THE PROCUREMENT

This sec?on of the RFP contains the schedule, descrip?on and condi?ons governing the procurement.

A. SEQUENCE OF EVENTS

The Chief Procurement Officer will make every effort to adhere to the following schedule:

Ac@on Responsible Party Due Date – Time Frames

1. Issue RFP CPO October 8,2025

2. Pre-Proposal Conference CPO No Pre-Proposal Conference

3. Acknowledgement of

Receipt Form (Appendix A)

Poten?al Offerors October 17, 2025

4. Deadline to Submit

Ques?ons

Poten?al Offerors October 27, 2025

5. Response to WriOen

Ques?ons

CPO October 29, 2025

6. Submission of Proposals Poten?al Offerors November 6, 2025 @ 2:00 PM

7. Proposal Evalua?on Evalua?on CommiOee/CPO November 7 & 10, 2025

8. Best & Final Offers Finalist Offerors November 10, 2025 (if needed)

9. No?fica?on of Finalist Evalua?on CommiOee/CPO November 10, 2025 (if needed)

10. Contract Nego?a?ons (if needed

Finalist Offeror/City November 10, 2025

11. Contract Award CPO/City Council/Offeror November 18, 2025

12. Protest Deadline CPO Close of Business, 15 Days aDer award date

*Contract award is subject to approval of the City of Portales Council.

B. EXPLANATION OF EVENTS

The following paragraphs describe the ac?vi?es in the sequence of events shown in Sec?on II, A., above.

1. Issuance of RFP

This RFP is being issued on behalf of the City of Portales.

2. Acknowledgement of Receipt

Poten?al Offerors should hand deliver, email, or mail the “Acknowledgement of Receipt of Request for Proposal Form” (Appendix A) that accompanies this document, to have their organiza?on placed on the procurement distribu?on list. The form should be signed by an authorized representa?ve of the organiza?on, dated and returned to the Chief Procurement Officer as referenced in sec?on II, A, Sequence of Events.

The procurement distribu?on list will be used for the distribu?on of wriOen responses to ques?ons.

Failure to return the Acknowledgement of Receipt form shall cons?tute a presump?on of receipt and the Offeror’s organiza?on’s name shall not appear on the distribu?on list.

3. Pre-Proposal Conference

No Pre-Proposal Conference will be held for this procurement.

4. Deadline to Submit WriKen Ques@ons

Poten?al Offerors may submit wriOen ques?ons to the Chief Procurement Officer as to the intent or clarity of this RFP un?l Close of Business referenced in II., A. Sequence of Events.

All wriOen ques?ons must be addressed to the Chief Procurement Officer as declared in Sec?on

I, C. Ques?ons shall be clearly labeled and shall cite the Sec?on(s) in the RFP or other document which forms the basis of the ques?on.

5. Response to WriKen Ques@ons

WriOen responses to wriOen ques?ons will be distributed as indicated in the sequence of events to all poten?al Offerors whose organiza?on name appears on the procurement distribu?on list. An e-mail copy will be sent to all Offeror’s that provide Acknowledgement of Receipt Forms before the deadline.

6. Submission of Proposals

ALL OFFEROR PROPOSALS MUST BE RECEIVED FOR REVIEW AND EVALUATION BY THE CHIEF

PROCUREMENT OFFICER OR DESIGNEE NO LATER THAN THE DATE AND TIME PROPOSED IN SECTION

II., A. Sequence of Events. Proposals received aDer this deadline will not be accepted. The date and

?me of receipt will be recorded on each Proposal. Proposals must be addressed and delivered to the

Chief Procurement Officer at the address listed in Sec?on I., C. Proposals must be sealed and labeled on the outside of the package to clearly indicate that they are in response to RFP 2026-01 – Avia@on

Fuels Supply, Equipment and Services.

Mailed or hand delivered proposals must be addressed and delivered to the Procurement Officer at the address listed in Sec?on I, Paragraph C1. Proposals must be sealed and labeled on the outside of the package to clearly indicate that they are in response to the RFP #2026-01 City of Portales marked

“DO NOT OPEN”. Proposals submiOed by facsimile, email or by other means not listed in this RFP will not be accepted.

To submit online you must register on the website. It is free of charge.

Online submiKal – To submit proposals online, please follow these instruc?ons:

Go to www.portalesnm.gov

Select Services then Departments N-Z

Select Purchasing Department then select Bid Opportuni?es

Select Open Project Solicita?ons

A public log will be kept of the names of all Offeror organiza?ons that submiOed proposals. Proposals will not be opened prior to the deadline. Pursuant to NMSA 1978, § 13-1-116, the contents of proposals shall not be disclosed to compe?ng poten?al Offerors during the nego?a?on process. The nego?a?on process is deemed to be in effect un?l the contract is awarded pursuant to this Request for

Proposals. Awarded in this context means the final required City signature on the contract(s) resul?ng from the procurement has been obtained.

7. Proposal Evalua@on

An Evalua?on CommiOee will perform the evalua?on of proposals. This process will take place as indicated in the sequence of events, depending upon the number of proposals received. During this

?me, the Procurement Officer may ini?ate discussions with Offerors who submit responsive or poten?ally responsive proposals for the purpose of clarifying aspects of the proposals. However, proposals may be accepted and evaluated without such discussion. Discussions SHALL NOT be ini?ated by the Offerors.

8. No@fica@on of Finalists

The Evalua?on CommiOee may select, and the Procurement Officer would then no?fy the finalist

Offerors as per schedule Sec?on II. A. Sequence of Events or as soon as possible. Only finalists will be invited to par?cipate in the subsequent steps of the procurement. The Evalua?on CommiOee reserves the right not to u?lize the finalist process if they deem it in the best interest of the City.

9. Best and Final Offers

Finalist Offerors may be asked to submit revisions to their proposals for the purpose of obtaining the best and final offers by as per schedule Sec?on II. A. Sequence of Events or as soon as possible.

10. Finalize Contractual Agreements

Any Contractual agreement(s) resul?ng from this RFP will be finalized with the most advantageous

Offeror(s) as per schedule Sec?on II. A., Sequence of Events or as soon thereaDer as possible. This date is subject to change at the discre?on of the City. In the event mutually agreeable terms cannot be reached with the apparent most advantageous Offeror in the ?me specified, the City reserves the right to finalize a contractual agreement with the next most advantageous Offeror(s) without undertaking a new procurement process.

11. Contract Awards

ADer reviewing the Evalua?on CommiOee Report and the signed contractual agreement, the City

Council must approve the contract during a public mee?ng as per the schedule in Sec?on II. A.

Sequence of Events or as soon as possible thereaDer. This date is subject to change at the discre?on of the Procurement Office.

The contract shall be awarded to the Offeror whose proposal is most advantageous to the City of

Portales, taking into considera?on the evalua?on factors set forth in this RFP. The most advantageous proposal may or may not have received the most points. The award is subject to appropriate City

Council approval.

12. Protest Deadline

Any protest by an Offeror must be ?mely and in conformance with NMSA 1978, § 13-1-172 and applicable procurement regula?ons. As a Protest Manager has been named in this Request for

Proposals, pursuant to NMSA1978, § 13-1-172, ONLY protests delivered directly to the Protest Manager in wri?ng and in a ?mely fashion will be considered to have been submiOed properly and in accordance with statute, rule and this Request for Proposals. The 15-calendar day protest period shall begin on the day following the award of contracts and will end at 5:00 PM Mountain Standard

Time/Daylight Time on the 15th day. Protests must be wriOen and must include the name and address of the protestor and the request for proposal number. It must also contain a statement of grounds for protest including appropriate suppor?ng exhibits and it must specify the ruling requested from the party listed below. The protest must be delivered to:

City of Portales

AOn: Protest Manager

1028 Community Way

Portales, NM 88130

Protests received aPer the deadline will not be accepted.

C. GENERAL REQUIREMENTS

1. Acceptance of Condi@ons Governing the Procurement

Poten?al Offerors must indicate their acceptance of the Condi?ons Governing the

Procurement sec?on in the LeOer of TransmiOal Form (Appendix E).

2. Incurring Cost

Any cost incurred by the poten?al Offeror in prepara?on, transmiOal, and/or presenta?on of any Proposal or material submiOed in response to this RFP shall be borne solely by the Offeror. Any cost incurred by the Offeror for seWng up and demonstra?on of the proposed equipment and/or system shall be borne solely by the

Offeror.

3. Prime Contractor Responsibility

Any contractual agreement that may result from this RFP shall specify that the prime contractor is solely responsible for fulfillment of all requirements of the contractual agreement with the City which may derive from this RFP. The City will make payments to only the prime contractor.

4. Subcontractors/Consent

The use of subcontractors is NOT allowed. The prime contractor shall be wholly responsible for the en?re performance of the contractual agreement.

5. Amended Proposals

An Offeror may submit an amended proposal before the deadline for receipt of proposals. Such amended

Proposals must be complete replacements for a previously submiOed Proposal and must be clearly iden?fied as such in the transmiOal leOer. The City personnel will not merge, collate, or assemble Proposal materials.

Proposal materials and all proposals submiOed shall be in a sealed envelope or package.

6. Offeror’s Rights to Withdraw Proposal

Offerors will be allowed to withdraw their proposal at any ?me prior to the deadline for receipt of Proposals.

The Offeror must submit a wriOen withdrawal request addressed to the Chief Procurement Officer and signed by the Offeror’s duly authorized representa?ve.

The approval or denial of withdrawal requests received aDer the deadline for receipt of the Proposals is governed by applicable procurement regula?ons.

7. Proposal Offer Firm

Responses to this RFP, including Proposal prices for services, will be considered firm for ninety (90) days aDer the due date for receipt of Proposals.

8. Disclosure of Proposal Contents

A. Proposals will be kept confiden?al un?l nego?a?ons and the award are completed by the City. At that

?me, all proposals and documents pertaining to the proposals will be open to the public, except for material that is clearly marked proprietary or confiden?al. The Procurement Officer will not disclose or make public any pages of a proposal on which the poten?al Offeror has stamped or imprinted

"proprietary" or "confiden?al" subject to the following requirements:

B. Proprietary or confiden?al data shall be readily separated from the proposal to facilitate eventual public inspec?on of the non-confiden?al por?on of the proposal.

C. Confiden?al data is restricted to:

1. confiden?al financial informa?on concerning the Offeror’s organiza?on.

2. and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act, NMSA 1978 §57-3A-1 to 57-3A-7.

3. PLEASE NOTE: The price of products offered, or the cost of services proposed shall not be designated as proprietary or confiden?al informa?on.

If a request is received for disclosure of data for which an Offeror has made a wriOen request for confiden?ality, the Procurement Officer shall examine the Offeror’s request and make a wriOen determina?on that specifies which por?ons of the proposal should be disclosed. Unless the Offeror takes legal ac?on to prevent the disclosure, the proposal will be so disclosed. The proposal shall be open to public inspec?on subject to any con?nuing prohibi?on on the disclosure of confiden?al data.

If a request is received for disclosure of data for which an Offeror has made a wriOen request for confiden?ality, the Chief Procurement Officer shall examine the Offeror’s request and make a wriOen determina?on that specifies which por?ons of the Proposal should be disclosed. Unless the Offeror takes legal ac?on to prevent the disclosure, the Proposal will be disclosed. The Proposal shall be open to public inspec?on subject to any con?nuing prohibi?on on the disclosure of confiden?al data.

9. No Obliga@on

This RFP in no manner obliges the City of Portales to use any Offeror’s services un?l a valid wriOen contract is awarded and approved by appropriate authori?es.

10. Termina@on

This RFP may be canceled at any ?me and all proposals may be rejected in whole or in part when the agency determines such ac?on to be in the best interest of the City.

11. Sufficient Appropria@on

Any contract awarded as a result of this RFP process may be terminated if sufficient appropria?ons or authoriza?ons do not exist. Such termina?ons will be affected by sending wriOen no?ce to the contractor. The

City’s decision as to whether sufficient appropria?ons and authoriza?ons are available will be accepted by the contractor as final.

12. Legal Review

The Agency requires that all Offerors agree to be bound by the General Requirements contained in this RFP.

Any Offeror’s concerns must be promptly submiOed in wri?ng to the aOen?on of the Procurement Officer.

13. Governing Law

This RFP and any agreement with an Offeror which may result from this procurement shall be governed by the laws of the State of New Mexico.

14. Basis for Proposal

Only informa?on supplied, in wri?ng, by the City through the Procurement Officer or in this RFP should be used as the basis for the prepara?on of Offeror proposals.

15. Contract Terms and Condi@ons

Any contract between the City and an offeror will follow the format specified by the City and contain the terms and condi?ons set forth in the Sample Contract Appendix C. However, the City reserves the right to nego?ate provisions in addi?on to those contained in this RFP (Sample Contract) with any Offeror(s). The contents of this RFP, as revised and/or supplemented, and the successful Offeror’s proposal will be incorporated into and become part of any resul?ng contract.

16. Offeror’s Terms and Condi@ons

Offerors must submit with the proposal a complete set of any addi?onal terms and condi?ons they expect to have included in a contract nego?ated with the City. The City may or may not accept the addi?onal language, at the City’s sole discre?on.

17. Contract Devia@ons

Any addi?onal terms and condi?ons, which may be the subject of nego?a?on, will be discussed only between the City and the Offeror(s) selected and shall not be deemed an opportunity to amend the Offeror’s proposal.

18. Offeror Qualifica@ons

The Evalua?on CommiOee may make such inves?ga?ons as necessary to determine the ability of a poten?al

Offeror(s) to adhere to the requirements specified within this RFP. The Evalua?on CommiOee will reject the proposal of any poten?al Offeror who is not a responsible Offeror or fails to submit a responsive offer as defined in NMSA 1978, §13-1-83 and 13-1-85.

19. Right to Waive Minor Irregulari@es

The Evalua?on CommiOee reserves the right to waive minor irregulari?es. The Evalua?on CommiOee also reserves the right to waive mandatory requirements provided that all of the otherwise responsive proposals failed to meet the same mandatory requirements and the failure to do so does not otherwise materially affect the procurement. This right is at the sole discre?on of the Evalua?on CommiOee.

20. No@ce of Penal@es

The Procurement Code, NMSA 1978, §13-1-28 through 13-1-199, imposes civil, misdemeanor and felony criminal penal?es for its viola?on. In addi?on, the New Mexico criminal statutes impose felony penal?es for bribes, gratui?es and kickbacks.

21. City of Portales Rights

The City in agreement with the Evalua?on CommiOee reserves the right to accept all or a por?on of a poten?al

Offeror’s proposal.

22. Ownership of Proposals

All documents submiOed in response to the RFP shall become property of the City of Portales.

23. Confiden@ality

Any confiden?al informa?on provided to, or developed by, the contractor in the performance of the contract resul?ng from this RFP shall be kept confiden?al and shall not be made available to any individual or organiza?on by the contractor without the prior wriOen approval of the City. The Contractor agrees to protect the confiden?ality of all confiden?al informa?on and not to publish or disclose such informa?on to any third party without the procuring City's wriOen permission.

24. Electronic mail address required

A large part of the communication regarding this procurement will be conducted by electronic mail (e-mail).

Offeror must have a valid e-mail address to receive this correspondence. (See also Section II.B.4, Response to

Written Questions).

25. Use of Electronic Versions of this RFP

This RFP is being made available by electronic means. In the event of conflict between a version of the RFP in the Offeror’s possession and the version maintained by the agency, the Offeror acknowledges that the version maintained by the agency shall govern.

26. New Mexico Employees Health Coverage

A. If the Offeror has, or grows to, six (6) or more employees who work, or who are expected to work, an average of at least twenty (20) hours per week over a six (6) month period during the term of the contract, Offeror must agree to have in place, and agree to maintain for the term of the contract, health insurance for those employees if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed $250,000 dollars.

B. Offeror must agree to maintain a record of the number of employees who have (a) accepted health insurance; (b) decline health insurance due to other health insurance coverage already in place; or

(c) decline health insurance for other reasons. These records are subject to review and audit by a representa?ve of the state.

C. Offeror must agree to advise all employees of the availability of State publicly financed health care coverage programs by providing each employee with, as a minimum, the following web site link to addi?onal informa?on hOp://www.insurenewmexico.state.nm.us/.

D. For Indefinite Quan?ty, Indefinite Delivery contracts (price agreements without specific limita?ons on quan?ty and providing for an indeterminate number of orders to be placed against it); these requirements shall apply the first day of the second month aDer the Offeror reports combined sales

(from state and, if applicable, from local public bodies if from a state price agreement) of $250,000.

27. Campaign Contribu@on Disclosure Form

Offeror must complete, sign, and return the Campaign Contribu?on Disclosure Form, APPENDIX B, as a part of their proposal. This requirement applies regardless whether a covered contribu?on was made or not made for the posi?ons of City: Michael G. Miller (Mayor), Veronica A. Cordova (Mayor Pro-Tem/Councilor), Jake J. Lopez

(Councilor), Eldon Merrick (Councilor), Oscar H. Robinson (Councilor), Rus?n Self (Councilor), Steve Davis

(Councilor), Dianne Y. Parker (Councilor), Mike Rackler, (Councilor), Barbara George (Municipal Judge). Failure to complete and return the signed unaltered form will result in disqualifica?on.

28. LeKer of TransmiKal

Offeror’s proposal must be accompanied by the LeOer of TransmiOal Form located in APPENDIX D which must be completed and signed by an individual person authorized to oblige the company.

29. New Mexico Preferences

To ensure adequate considera?on and applica?on of NMSA 1978, §13-1-21 (as amended), Offerors must include a copy of their preference cer?ficate with their proposal, IF APPLICABLE. Cer?ficates for preferences must be obtained through the New Mexico Department of Taxa?on &

RevenuehOp://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-cer?fica?on.aspx.

A. New Mexico Business Preference

B. New Mexico Resident Veterans Business Preference

In addi?on to a copy of the cer?fica?on, the Offeror should sign and complete the Resident

Veterans Preference Cer?ficate form, as provided in this RFP.

*An agency shall not award a business both a resident business preference and a resident veteran business preference.

30.Prevailing Wage

It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage rates in effect.

It shall further be the responsibility of the Vendor to monitor the prevailing wage rate established by the department of labor for any increase in rates during the term of the contract and adjust wage rates accordingly.

III. RESPONSE FORMAT AND ORGANIZATION

A. NUMBER OF RESPONSES

Offerors shall submit only one proposal in response to this RFP.

B. NUMBER OF COPIES

Offerors shall deliver one (1) original proposal to the loca?on specified on or before the closing date and ?me for receipt of proposals. The original should be clearly marked “Original” on the front cover and shall contain original signatures.

C. PROPOSAL FORMAT

All proposals must be submiOed as follows: Hard copies must be typewriOen on standard 8 ½ x 11-inch paper

(larger paper is permissible for charts, spreadsheets, etc.) and placed within binders with tabs delinea?ng each sec?on.

1. Proposal Content and Organiza@on

Direct reference to pre-prepared or promo?onal material may be used if referenced and clearly marked. Promo?onal material should be minimal. The proposal must be organized and indexed in the following format and must contain, at a minimum, all listed items in the sequence indicated.

Technical Proposal (Binder):

Signed LeOer of TransmiOal

Table of Contents

Proposal Summary (Op?onal)

Response to Contract Terms and Condi?ons

Offeror’s Addi?onal Terms and Condi?ons

Response to Specifica?ons (except cost informa@on which shall be included in Cost Proposal

Separate SEALED and labeled envelope)

Signed Campaign Contribu?on Form

New Mexico Preferences (If applicable)

Other Suppor?ng Material (If applicable)

Cost Proposal:

Offerors shall provide a price schedule lis?ng each product and/or services offered associated with this

RFP and submit this informa?on in a sealed and labeled envelope. Within each sec?on of the proposal, Offerors should address the items in the order indicated above. All forms provided in this RFP must be thoroughly completed and included in the appropriate sec?on of the proposal. Offerors shall thoroughly review all documents and note any excep?ons to specifica?ons in their proposal.

The proposal summary may be included by poten?al Offerors to provide the Evalua?on CommiOee with an overview of the proposal; however, this material will not be used in the evalua?on process unless specifically referenced from other por?ons of the Offeror’s proposal.

IV. SPECIFICATIONS

Offerors should respond in the form of a thorough narra?ve to each specifica?on, unless otherwise instructed.

The narra?ves, including required suppor?ng materials, will be evaluated and awarded points accordingly.

A. INFORMATION

1. Resident Business Preference

A valid Resident Preference Certificate issued by the New Mexico Taxation and Revenue Department on or after January 1, 2012, must be included with the proposal if the Offeror wishes to receive the additional points available as a qualifying resident business. See Section II.29, above, for more information.

2. Resident Veterans Preference Cer@ficate

A complete and signed Resident Veterans Preference Certificate must be included with the proposal if the

Offeror wishes to receive the additional points available as a qualifying Resident Veteran.

3. Response to Requirements

Each mandatory requirement in sections IV.B.1 through IV.B.7, below, requires a vendor response, as indicated. Failure to respond to, or properly comply with, a mandatory requirement may result in the disqualification of the Offeror’s proposal.

MANDATORY REQUIREMENTS

1. Statement of Qualifica@ons - Experience (20 Points)

a. Brief summary of experience in the related field(s)

b. Short bio on people directly expected to work directly with City of Portales

c. Previous performance history with a government agency

d. Products and services

2. Safety/Compliance (20 Points)

a. Ability to comply with all state, federal, and local safety rules and regula?ons

3. General Qualifica@ons and Knowledge (20 Points)

a. Educa?on and cer?fica?on(s)

b. At least five years of related experience c.

4. AKendance and Availability (20 Points)

a. Accessibility

b. Demonstrated history of responsiveness to clients

5. Capability and Agreement to Perform (0 Points)

Offeror certifies that they are capable and qualified to provide the services required by this RFP and agrees to perform the Scope of Work as specified in the Contract at Appendix C. A statement of concurrence is required.

6. Insurance (0 Points)

The Contractor shall secure insurance coverage to meet the specifica?ons outlined in the contract found in Appendix C. All insurance policies of the Contractor shall be endorsed to waive all rights of subroga?on against the City. Contractor shall require all of its subcontractors, if allowed under the contract, to provide the coverage listed below as well as any other coverage that the Contractor might consider necessary. Any deficiency in the coverage or policy limits of the subcontractors will be the sole responsibility of the Contractor.

The Contractor shall provide the City original cer?ficates of such coverage and receive no?fica?on of approval of those cer?ficates by the City Manager prior to engaging in any ac?vi?es under this contract. The successful Contractor shall furnish to the City the cer?fica?on or proof of insurance required by the provisions set forth above, within five (5) days aDer no?fica?on of award of contract.

The cer?ficates must list the City as an addi?onal named insured and shall have no less than thirty (30) days’ wriOen no?ce of cancella?on or material change. The cer?fica?on or proof of insurance must contain a provision for no?fica?on to the City thirty (30) days in advance of any material change in coverage or cancella?on.

7. References (20 Points)

Offeror should provide names and current contact information for at least three (3) local public bodies for which your firm has provided similar services. Offeror must also describe the type of service provided to each, when the service was performed and the duration of the service.

BUSINESS SPECIFICATIONS

1. LeKer of TransmiKal Form

The Offeror’s proposal must be accompanied by the LeOer of TransmiOal Form located in APPENDIX D.

The form must be completed and must be signed by the person authorized to oblige the company.

2. Campaign Contribu@on Disclosure Form

The Offeror must complete an unaltered Campaign Contribu?on Disclosure Form and submit a signed copy with the Offeror’s proposal. This must be accomplished whether or not an applicable contribu?on has been made. (See APPENDIX B)

V. EVALUATION

A. EVALUATION POINT SUMMARY

The following is a summary of evaluation factors with point values assigned to each. These weighted factors will be used in the evaluation of individual potential Offeror proposals by sub-category.

REF. REQUIREMENT POINTS

AVAIL.

IV.B.1 Statement of Qualifica?ons 20

IV.B.2 Safety 20

IV.B.3 General Qualifica?ons and Knowledge 20

IV.B.4 AOendance and Availability 20

IV.B.5 Capability and Agreement to Perform 0*

IV.B.6 Insurance 0*

IV.B.7 References 20

IV.C.1 LeOer of TransmiOal Form 0*

IV.C.2 Campaign Contribu?on Disclosure Form 0*

TOTAL 100

*Pass/Fail only.

Points will be awarded based on the evaluation factors found in V.A.1 through V.C.2, below, as indicated.

B. REFERENCES

Based upon the ini?al evalua?on and ranking, references will be contacted for the top ranked offerors

C. INTERVIEWS

Based upon the ini?al evalua?on and ranking, offerors may be invited to aOend interviews on a date to be announced. Offerors selected for an interview will be no?fied as soon as possible.

D. NEGOTIATIONS

The City reserves the right to seek clarifica?on of each proposal, and the right to nego?ate the final contract(s) which are in the best interests of the City, considering cost effec?veness and the level of ?me and effort required for the project. Contract nego?a?ons with the offeror(s) with the highest ranked proposal(s) shall be directed toward obtaining wriOen agreement on:

1. Contract tasks, staffing and performance.

2. A maximum not-to-exceed contract price which is consistent with the proposal and fair and reasonable to the City, considering the es?mated value, scope, complexity, and nature of the Services.

Nego?a?ons may be formally terminated if they fail to result in a contract within a reasonable ?me.

Nego?a?ons will then ensue with the offeror with the next highest ranked proposal. If the second, or if necessary, third round of nego?a?on fails to result in a contract within a reasonable amount of ?me, the RFP may be formally terminated.

E. EVALUATION FACTORS

1. LeKer of TransmiKal

Pass/Fail only. No points assigned.

2. Campaign Contribu@on Disclosure Form

Pass/Fail only. No points assigned.

3. New Mexico Preferences

Percentages will be determined based upon the point-based system outlined in NMSA 1978, §13-1-21

(as amended), if applicable.

A. New Mexico Business Preference

If the Offeror has provided their Preference Cer?ficate the Preference Points for a New Mexico

Business is 8%.

B. New Mexico Resident Veterans Business Preference

If the Offeror has provided their Preference Cer?ficate and the Resident Veterans Cer?fica?on Form the Preference Point are one of the following:

• 10% for less than $1M (prior year revenue)

• 8% for more than $1M but less than $5M (prior year revenue)

• 7% for more than $5M (prior year revenue)

F. EVALUATION PROCESS

1. An Evalua?on CommiOee selected by the Procurement Officer will review, evaluate and rank the proposals.

2. All Offerors’ proposals will be reviewed for compliance with the requirements and specifica?ons stated within the RFP. Proposals deemed non-responsive will be eliminated from further considera?on.

3. The Procurement Officer may contact the Offeror for clarifica?on of the response.

4. The Evalua?on CommiOee may use other sources to perform the evalua?on as specified in Sec?on II.

C.18.

5. Responsive proposals will be evaluated on the factors in Sec?on IV, which have been assigned a point value. The responsible Offerors with the highest scores will be selected as finalist Offerors, based upon the proposals submiOed. The responsible Offerors whose proposals are most advantageous to the City taking into considera?on the evalua?on factors in Sec?on IV will be recommended for award (as specified in Sec?on II. B.8). Please note, however, that a serious deficiency in the response to any one factor may be grounds for rejec?on regardless of overall score.

APPENDIX A

ACKNOWLEDGEMENT OF RECEIPT FORM

APPENDIX A

REQUEST FOR PROPOSAL

Avia@on Fuels Supply, Equipment and Services

RFP#2026-01

ACKNOWLEDGEMENT OF RECEIPT FORM

In acknowledgement of receipt of this Request for Proposal the undersigned agrees that s/he has received a complete copy, beginning with the ?tle page and table of contents, and ending with APPENDIX F.

The acknowledgement of receipt should be signed and returned to the Procurement Officer no later than 5:00

PM, October 17, 2025. Only poten?al Offerors who elect to return this form completed with the indicated inten?on of submiWng a proposal will receive copies of all Offeror wriOen ques?ons and the wriOen responses to those ques?ons as well as RFP amendments, if any are issued.

FIRM: ________________________________________________________________

REPRESENTED BY: ____________________________________________________

TITLE: ________________________________ PHONE NO.: ____________________

E-MAIL: _____________________________ FAX NO.: ________________________

ADDRESS: _____________________________________________________________

CITY: __________________________ STATE: ________ ZIP CODE: _____________

SIGNATURE: ___________________________________ DATE: _________________

This name and address will be used for all correspondence related to the Request for Proposal.

Firm does/does not (circle one) intend to respond to this Request for Proposal.

Lisa Gamble, Cer?fied Procurement Officer

2026-01

City of Portales

1028 Community Way

Portales, NM 88130

E-mail: cpoportales@portalesnm.gov

APPENDIX B

CAMPAIGN CONTRIBUTION DISCLOSURE FORM

Campaign Contribu@on Disclosure Form

Avia@on Fuels Supply, Equipment and Services

RFP#2026-01

Pursuant to NMSA 1978, § 13-1-191.1 (2006), any person seeking to enter into a contract with any state agency or local public body for professional services, a design and build project delivery system, or the design and installa?on of measures the primary purpose of which is to conserve natural resources must file this form with that state agency or local public body. This form must be filed even if the contract qualifies as a small purchase or a sole source contract. The prospec?ve contractor must disclose whether they, a family member or a representa?ve of the prospec?ve contractor has made a campaign contribu?on to an applicable public official of the state or a local public body during the two (2) years prior to the date on which the contractor submits a proposal or, in the case of a sole source or small purchase contract, the two years prior to the date the contractor signs the contract, if the aggregate total of contribu?ons given by the prospec?ve contractor, a family member or a representa?ve of the prospec?ve contractor to the public official exceeds two hundred and fiDy dollars ($250) over the two (2) year period.

Furthermore, the state agency or local public body shall void an executed contract or cancel a solicita?on or proposed award for a proposed contract if: 1) a prospec?ve contractor, a family member of the prospec?ve contractor, or a representa?ve of the prospec?ve contractor gives a campaign contribu?on or other thing of value to an applicable public official or the applicable public official’s employees during the pendency of the procurement process or 2) a prospec?ve contractor fails to submit a fully completed disclosure statement pursuant to the law.

THIS FORM MUST BE FILED BY ANY PROSPECTIVE CONTRACTOR WHETHER OR NOT THEY, THEIR FAMILY

MEMBER, OR THEIR REPRESENTATIVE HAS MADE ANY CONTRIBUTIONS SUBJECT TO DISCLOSURE.

The following defini?ons apply:

“Applicable public official” means a person elected to an office or a person appointed to complete a term of an elected office, who has the authority to award or influence the award of the contract for which the prospec?ve contractor is submiWng a compe??ve sealed proposal or who has the authority to nego?ate a sole source or small purchase contract that may be awarded without submission of a sealed compe??ve proposal.

“Campaign Contribu?on” means a giD, subscrip?on, loan, advance or deposit of money or other thing of value, including the es?mated value of an in-kind contribu?on, that is made to or received by an applicable public official, or any person authorized to raise, collect or expend contribu?ons on that official’s behalf for the purpose of elec?ng the official to either statewide or local office. “Campaign Contribu?on” includes the payment of a debt incurred in an elec?on campaign, but does not include the value of services provided without compensa?on or unreimbursed travel or other personal expenses of individuals who volunteer a por?on or all of their ?me on behalf of a candidate or poli?cal commiOee, nor does it include the administra?ve or solicita?on expenses of a poli?cal commiOee that are paid by an organiza?on that sponsors the commiOee.

“Family member” means spouse, father, mother, child, father-in-law, mother-in-law, daughter-in-law or son-in-law.

“Pendency of the procurement process” means the ?me period commencing with the public no?ce of the request for proposals and ending with the award of the contract or the cancella?on of the request for proposals.

“Person” means any corpora?on, partnership, individual, joint…