IFB 26-02 Bulk Fuel

EDDY COUNTY
STATE OF NEW MEXICO
INVITATION FOR BIDS
IFB 26-02
BULK FUEL
Commodity Code(s): 405-09; 405-15
EDDY COUNTY PURCHASING
101 W. GREENE ST
CARLSBAD, NM 88220
Issued Date: July 14, 2026
Submission Deadline: August 3, 2026

IFB 26-02 BULK FUEL
Contents
EDDY COUNTY ELECTRONIC PROCUREMENT PORTAL ............................................. 1
I. INTRODUCTION ..................................................................................................................... 2
II. DEFINITION OF TERMINOLOGY ..................................................................................... 4
III. GENERAL REQUIREMENTS ............................................................................................ 5
IV. SPECIFIC CONDITIONS ................................................................................................... 11
V. RESPONSE REQUIREMENTS ........................................................................................... 15
VI. BID OPENING, PROCESSING AND AWARD ............................................................... 16
APPENDICES ............................................................................................................................. 18
ACKNOWLEDGEMENT OF RECEIPT FORM ................................................................... 19
ACCEPTANCE OF CONDITIONS GOVERNING THE PROCUREMENT ..................... 20
LETTER OF TRANSMITTAL FORM .................................................................................... 21
OPTIONS, EXCEPTIONS, OR VARIATIONS ............................................................................. 22
RESPONSES TO SPECIFICATIONS AND REQUIREMENTS .......................................... 23
STATEMENT OF COMPLIANCE .......................................................................................... 24
CONFLICT OF INTEREST DECLARATION ....................................................................... 25
AFFIDAVIT OF NON-COLLUSION ....................................................................................... 26
NEW MEXICO RESIDENT BUSINESS PREFERENCE CERTIFICATION .................... 27
CAMPAIGN CONTRIBUTION DISCLOSURE FORM ....................................................... 28
COST FORM ............................................................................................................................... 31
REPLACE WITH CONTRACTORS IRS W-9 FORM .......................................................... 32

IFB 26-02 BULK FUEL
EDDY COUNTY ELECTRONIC PROCUREMENT PORTAL
Eddy County has partnered with Euna Procurement, formerly known as Bonfire Interactive, to move all
Bid and RFP submissions to a fully digital platform. This is an effort to streamline the procurement
process and make working with Eddy County easier and efficient.
The Eddy County Procurement Portal, hosted by Euna Procurement, can be accessed here:
https://coeddynm.bonfirehub.com/portal/?tab=openOpportunities
All interested vendors must register on the Eddy County Procurement Portal. During registration, it is
recommended that vendors link relevant commodity codes to their profiles to receive automatic
notifications of new opportunities matching their services or products.
How to Register
1. Visit www.eddycountynm.gov
2. Click on the Business tab
3. Go to BID / RFP Opportunities
4. Select BID / RFP Vendor Registration Instructions
For assistance, please visit the Vendor Registration Help page or contact the Eddy County Chief
Procurement Officer with any questions at agranger@eddycountynm.gov
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IFB 26-02 BULK FUEL
I. INTRODUCTION
PURPOSE OF THIS INVITATION FOR BID
Eddy County, on behalf of the Public Works Department, seeks bids from qualified companies qualified
to do business in the State of New Mexico, to provide fuel: gasoline or diesel to various specified sites
within Eddy County. Bidders may submit bids for fuel for all sites or any one or more sites.
The resulting contracts will be indefinite quantity, per State Statute 13-1-63. Any quantities specified are
estimates only and no definite amount is guaranteed. The successful bidder(s) will furnish fuel at the bid
price for the term of the contract. Annual price escalations may be considered.
Submitting a bid for this commodity implies agreement by the Bidder to these terms.
SCOPE OF WORK
The awarded vendor(s) shall provide fuel, including gasoline and/or diesel, at one or more designated
locations as specified by the County and as ordered. The County reserves the right to make awards to
multiple vendors. If multiple awards are made, the County anticipates awarding contracts to no more than
three vendors.
SPECIFICATIONS AND REQUIREMENTS
1. Bidders may submit bids for fuel for all the locations in this bid or may just bid on certain locations.
2. Bidders are welcome to visit the locations by contacting the caretakers of the tanks.
3. The successful bidder must maintain fuel in the tanks in question either by making arrangements with
the caretaker of that tank, or by the caretaker making a request for fuel, or if the caretaker of the tank
requests automatic maintenance and fueling that is acceptable between the fuel supplier and the
County.
4. All fuel shall be free of contamination. Any aftermarket additive used shall be identified by brand or
trade name and manufacturer's specifications provided with the bid. An additive, if used, shall be
EPA approved, and compatible with the refiner's product. Additives which increase emissions of
sulfur and other substances proved to damage the environment which are disallowed by EPA
regulations will not be accepted.
5. All invoices shall include the following information: Delivery location, delivery date and time, product
description, quantity delivered, OPIS price per gallon in effect for that delivery (Monday deliveries
will use the OPIS daily closing average price from the prior Saturday), loading fee, supplier
margin/markup per gallon, each tax charged per gallon (Eddy County is exempt from Federal Excise
Tax), and total amount due for that delivery.
6. Bidder shall indicate on bid form refinery to be used. If at any time during the contract period the
contractor desires to change the refinery being used, the County must be notified either through written
letter or email. Such notification shall be sent to the attention of the Purchasing Director and Finance
Director.
7. The Contractor shall perform all deliveries to facilities in a safe and professional manner. The
Contractor's equipment shall be in good working order, and all personnel shall be trained in safety
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IFB 26-02 BULK FUEL
measures to preclude accidents from endangering personnel on the property. Contractor's delivery
truck operator must be present during delivery and take an active part in the prevention of spills. The
fuel truck operator will take immediate action to stop the flow of product from reaching streets, catch
basins or other drainage structures during product transfers. The Contractor will be responsible for
cleaning up any spill in accordance with state and federal environmental regulations. Fuel metering
devices must be utilized to provide accurate delivery quantities. The Contractor's delivery vehicle
must have a metering device.
8. Shipments shall be made only against specific orders which the user may place with the contractor
during the term of this Price Agreement. Delivery shall be made no later than two (2) working days
after receipt of order. If vendor is unable to meet the two-day delivery, the County shall be promptly
notified.
CONTRACT TERM
The term of this contract shall be for one (1) year. The County reserves the right to extend any
contract, on an annual basis (or any portion thereof) and by mutual agreement, for up to three (3)
additional years and shall be subject to the same terms and conditions as set forth in the original
agreement. Under no circumstances will the term of this contract, including any extensions thereto,
exceed four (4) years. This procurement will result in a multi-source award. There is no guarantee that
the option will be exercised on any or all of the awarded contracts. There is no guarantee of a task order
on any or all of the awarded contracts. The County will abide by all portions of New Mexico State
Statute 13-1-154, regarding contract limits and terms.
GENERAL LIABILITY INSURANCE
The Contractor shall submit proof of insurance, or evidence of the ability to obtain such coverage, with
its bid. All insurance policies shall be issued by companies authorized to provide insurance in the State
of New Mexico. Within ten (10) days following the Notice of Award, the successful Bidder shall
procure, furnish, and maintain throughout the duration of the contract a comprehensive general liability
insurance policy. This policy shall provide coverage with limits of not less than $1,000,000 per
occurrence for bodily injury, including death, and property damage.
The required insurance coverage shall apply to all operations performed under the contract and shall
include coverage for the use of all owned, non-owned, and hired automobiles, vehicles, and other
equipment, whether used on or off the work site.
PROCUREMENT ADMINISTRATOR
The Procurement Administrator listed below is the official point of contact for this procurement. All
questions or requests for clarification must be submitted in writing directly to the Procurement
Administrator. Offerors are only permitted to communicate with the Procurement Administrator
regarding this IFB. No other Eddy County employees, department heads, or managers are authorized to
speak on behalf of the County for this solicitation. Contacting anyone else in the County may result in
disqualification of the offeror's bid.
Procurement Administrator
AdriAnne Granger, CPO
Phone: 575-887-9511 Ext. 2525
Fax 575-628-3275
Email: agranger@eddycountynm.gov
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IFB 26-02 BULK FUEL
II. DEFINITION OF TERMINOLOGY
This section contains definitions that are used throughout this procurement document, including appropriate
abbreviations.
"Bidder" is any person, corporation, or partnership who chooses to submit a sealed bid.
"Bid Sample" means a sample furnished by a bidder that shows the characteristics of an items offered in the
bid.
"Board of County Commissioners" (also "BOCC") means the elected board in whom all powers of the County
are vested and who are responsible for the proper and efficient administration of the County government.
"Close of Business" means 5:00 P.M. Mountain Standard Time (MST) or Mountain Daylight Time (MDT),
whichever is in effect on the date specified.
"Contract" or "Agreement" means a written agreement for the procurement of items of tangible personal
property or services.
"Contractor" means a successful Bidder who enters into a binding contract.
"County" means the County of Eddy, State of New Mexico.
"Determination" means the written documentation of a decision of the Procurement Administrator including
findings of fact required to support a decision. A determination becomes part of the procurement file to which
it pertains.
"Descriptive Literature" means information available in the ordinary course of business that shows the
characteristics, construction or operation of an item.
"F.O.B. Destination" means goods are to be delivered to the destination designated by the user which is the
point at which the user accepts ownership or title of the goods. Laws of New Mexico specifically prohibit
acceptance of ownership of goods in transit. Any exception to F.O.B. Destination may cause a bid to be
declared non-responsive.
"Invitation for Bids" or "IFB" means all documents, including those attached or incorporated by reference,
used for soliciting sealed bids. Also known as "Invitation to Bid" or "ITB"
"Local public body" means every political subdivision of the state and the agencies, instrumentalities and
institutions thereof, including two-year post-secondary educational institutions, school districts and local
school boards and municipalities, except as exempted pursuant to the Procurement Code.
"Mandatory" refers to the terms "must", "shall", "will", "is required" or "are required" which identify a
mandatory item. Failure to meet a mandatory item or factor may result in the rejection of the submitted bid.
"MDT" & "MST" mean Mountain Daylight Time (MDT) and Mountain Standard Time (MST). Usage is
dependent on which is in effect on the specified date.
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IFB 26-02 BULK FUEL
"Procurement Administrator" means the person or designee authorized by the County to manage or administer
a competitive procurement; also referred to as "Purchasing Agent," and "Chief Procurement Officer."
"Procuring agency of the County" means the department or other subdivision of the County of Eddy that is
requesting the procurement of services or items of tangible personal property.
"Product" means an item of tangible personal property which is defined in the New Mexico Procurement
Code as tangible property other than real property having a physical existence, including but not limited to
supplies, equipment, materials and printed materials.
"Purchase Order" or "PO" means the document which directs a Contractor to deliver items of tangible personal
property or services pursuant to an existing, valid Contract.
"Purchasing" means the County of Eddy Purchasing Office or the Eddy County Purchasing Agent.
"Purchasing Agent" or "PA" means the Purchasing Agent for the County of Eddy.
"Responsible Bidder" means a Bidder who submits a responsive bid and who has furnished required
information and data to prove that their financial resources, production or service facilities, personnel, service
reputation and experience are adequate to make satisfactory delivery of the services or items of tangible
personal property called for in this Invitation for Bids.
"Responsive Bid" means a timely submitted bid which conforms in all material respect to the requirements
set forth in the Invitation for Bids. Material respects of an Invitation for Bids include, but are not limited to,
price, quality, quantity and delivery requirements.
"Services" means the furnishing of labor, time or effort by a Contractor not involving the delivery of a specific
end product other than reports and other materials which are merely incidental to the required performance.
"Services" do not include construction.
"State agency" means any department, commission, council, board, committee, institution, legislative body,
agency, government corporation, educational institution or official of the executive, legislative or judicial
branch of the government of the State of New Mexico.
"Successful Bidder" means the lowest priced Responsible Bidder to whom Eddy County, based on the
County's evaluation, makes an award. A Successful Bidder does not become a Contractor until the County
signs the Contract signed and submitted by the Bidder.
III. GENERAL REQUIREMENTS
This procurement will be conducted in accordance with the New Mexico Procurement Code (13-1-28
NMSA 1978) and the Eddy County Procurement Policy.
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IFB 26-02 BULK FUEL
1. Acceptance of Conditions Governing the Procurement
By signing and submitting a bid, Bidders indicate their acceptance of the Conditions Governing the
Procurement. Submission of a Bid constitutes acceptance of the Technical Requirements, Award
Requirements, and Needs as described in this document by Eddy County.
2. Incurring Cost
Any cost incurred by the bidder in preparation, transmittal, presentation of any bid or material, or
negotiation associated with its response to this IFB shall be borne solely by the bidder.
3. Prime Contractor Responsibility
Any contract that may result from this IFB shall specify that the prime contractor is solely responsible for
fulfillment of the contract with the County. The County will only make contract payments to the prime
contractor.
4. Subcontractors
Use of subcontractors is not allowed under this solicitation.
5. Bidders' Rights to Withdraw Bid
Bidders will be allowed to withdraw their bid at any time prior to the deadline for receipt of bids. The
approval or denial of withdrawal requests received after the deadline for receipt of the bids is governed
by the applicable procurement regulations.
6. Bid Offer Firm
Responses to this IFB, including prices, will be considered firm for ninety (90) days after the due date for
receipt of bids.
7. No Obligation
This procurement in no manner obligates Eddy County or any of its departments or other subdivisions to
the eventual lease, purchase, etc., of any tangible personal property offered or services proposed until a
valid written contract is approved by the Procurement Administrator and other required approval
authorities.
8. Termination
This IFB may be canceled at any time, and all bids may be rejected as a whole or in part when the County
determines such action to be in the best interest of the County.
9. Sufficient Appropriation
Any contract awarded as a result of this IFB process may be terminated if sufficient appropriations or
authorizations do not exist. Such termination will be affected by sending written notice to the contractor.
The County's decision as to whether sufficient appropriations and authorizations are available will be
accepted by the contractor as final.
10. Legal Review
The County requires that all Bidders agree to be bound by the General Requirements contained in this
IFB. Any bidder concerns must be promptly brought to the attention of the Procurement Administrator.
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IFB 26-02 BULK FUEL
11. Governing Law
This procurement and any agreement with Bidders that may result shall be governed by the laws of the
State of New Mexico.
12. Basis for Bid
Only information supplied by the County in writing through the Procurement Administrator or in this IFB
should be used as the basis for the preparation of bids.
13. Bidder Qualifications
The County may reject the bid of any bidder who is not a responsible bidder or fails to submit a responsive
Bid as defined in Sections 13-1-83 and 13-1-85 NMSA 1978.
14. Right to Waive Minor Irregularities
The County reserves the right to waive minor irregularities at its discretion.
15. Change in Contractor Representatives
The County reserves the right to require a change in contractor representatives if the assigned
representatives are not, in the opinion of the County, meeting its needs adequately.
16. Notice
The Procurement Code, Sections 13-1-28 through 13-1-199 NMSA 1978, imposes civil, misdemeanor
and felony criminal penalties for its violation. In addition, the New Mexico criminal statutes also impose
felony penalties for bribes, gratuities and kickbacks.
17. County Rights
The County reserves the right to accept all or a portion of a bid.
18. Ownership of Bids
All documents submitted in response to this IFB shall become the property of the County.
19. Ambiguity, Inconsistency or Errors in IFB
Bidders shall promptly notify the Procurement Administrator, in writing, of any ambiguity, inconsistency
or error which they discover upon examination of this IFB.
20. Confidentiality
No information submitted in relation to this IFB may be confidential. This document, all bids submitted
under this solicitation, and any additional documents will be made public information upon award,
pursuant NM State Law.
21. Electronic mail address required
A large part of the communication regarding this procurement will be conducted through the Eddy County
Procurement Portal or by electronic mail (e-mail). Bidder shall have a valid e-mail address to register or
to receive this correspondence.
22. Use of Electronic Versions of this IFB
This IFB is being made available by electronic means. If accepted by such means, the bidder
acknowledges and accepts full responsibility to ensure that no changes are made to the IFB. In the event
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IFB 26-02 BULK FUEL
of conflict between a version of the IFB in the Bidder's possession and the version maintained by the
County, the version maintained by the County shall govern.
23. Contract Terms and Conditions
This document, together with a bid submitted and awarded through the Eddy County Board of
Commissioners, and a Notice of Award, constitutes as a legal and binding contract. The County may
desire or allow an additional or separate contract document to be executed in relation to this procurement
at its discretion.
24. Bidder Qualifications
a) The County may make such investigations necessary to determine the ability of the Bidder to adhere
to the requirements specified within this IFB. The County will reject the bid of any Bidder who is not
a responsible Bidder or fails to submit a responsive bid as defined in Sections 13-1-82 and 13-1-84
NMSA 1978.
b) Bidders must, upon request of the County, provide information and data to prove that the financial
resources, production or service facilities, service reputation and experience are adequate to make
satisfactory delivery of the materials and/or services.
25. Competition
By submitting a bid, bidder certifies that they have not, either directly or indirectly, entered into any action
in restraint of full competition in connection with the bid submitted to the County.
26. Use by Other Government Agencies
By submitting a bid, Bidder indicates that they understand and agree that other local public bodies and
public agencies within the State of New Mexico, if allowed by their governing directives, may contract
for the goods or services included in this procurement document at the discretion of the awarded
Contractor(s). Contractual engagements accomplished under this provision shall be solely between the
awarded Contractor and the contracting government entity with no obligation or liability by Eddy County.
27. Delivery
No Delivery shall be made before a valid Purchase Order is issued. No Bidder, including a Bidder to
whom an award is made, shall deliver any item of tangible personal property, commence services, or start
construction prior to the issuance of a Purchase Order or Notice to Proceed issued by Eddy County.
28. County Furnished Property
County furnished property shall be returned to the County upon request in the same condition as received
except for ordinary wear, tears and modifications ordered here under.
29. Discounts
The Bid Form provides a space for the Bidder to identify prompt payment terms the Bidder is offering, if
any. Prompt payment discounts will not be considered in computing the low bid. Discounts for payment
within twenty (20) days will be considered after the award of the Contract. Discounted time will be
computed from the date of receipt of the merchandise, invoice or billing for services, whichever is later.
30. Packing, Shipping and Invoicing
a) The County's Agreement number and the Contractor's name, user's name and location shall be shown
on each packing and delivery ticket, package, bill of lading and other correspondence in connection
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