ITB2026-03: Provide Diesel Fuel for the New Mexico Rail Runner Express

Rio Metro Regional Transit District
INVITATION to BID
Provide Diesel Fuel
for the
New Mexico Rail Runner Express
Issued: Wednesday July 01, 2026
Procurement No.: ITB #2026-03
Bid response Due Date: Monday August 03, 2026, 2:00 PM (MST)

1.0 INTRODUCTION
The Rio Metro Transit District (RMRTD) is issuing this Invitation for Bids (ITB) for the following goods or
services: Provide Diesel Fuel for the New Mexico Rail Runner
This request for goods or services may be funded in part through federal and state funds. As such,
applicable federal and state laws, regulations, and guidelines shall be adhered to by the contractor as part of
the contract. Federal and state certifications are required for Submissions to be deemed responsive.
Submissions should also include an active SAMS.GOV registration. Please reference SUPPLEMENT A,
as part of the specifications herein. Documents required in Supplement A are the responsibility of the bidder
to properly fill out and submit with their Bid Response. Supplement A begins at Page 42 of this ITB.
RMRTD will receive electronic email bid responses for the goods or services described in this ITB2026-03
to Phil Pino: Chief Procurement Officer at rfp@mrcog-nm.gov, no later than 2:00 p.m. MST, Monday
August 03, 2026.
The bids will be considered by the RMRTD following the opening of the bids, and an award of the
Contract, if made, will be within (30) days after the Bid Opening.
Instructions to Bidders, bidding bid response, and other Contract Documents, Specifications and Terms and
Conditions to be used in connection with the submission of bids are available by accessing the following
websites:
http://www.mrcog-nm.gov
http://www.riometro.org
The Bidder's attention is specifically directed to the Instructions to Bidders, and the Specifications and
Terms and Conditions contained herein.
Pre-Bid Conference: No Pre-Bid Conference will be held in conjunction with this procurement.
Description of Work: Provide #2 LS Dyed Diesel Fuel on an ongoing basis to fuel New Mexico Rail
Runner Express trains. This requires wet hose delivery.
2.0 INSTRUCTIONS TO BIDDERS
Definitions
As used in this request the following definitions apply:
"RMRTD" means the Rio Metro Transit District, the administrative entity for the Rail Runner
"Company" means Herzog Transit Services, Inc., the operating and maintenance entity for the Rail Runner.
"Contract" means any agreement for the procurement of goods, services, construction or concessions.
"Contractor" means a Bidder who has been awarded a contract.
"Bidder" means a business that submits a response to a competitive solicitation.
"Purchase Order" means a document issued by the Purchasing Office directing the Contract to deliver
goods, services or construction.

"Purchasing Office" means the Purchasing Department of the RMRTD.
"Procurement Officer" means the person charged with the responsibility of administering the Purchasing
Office.
"Request" means all document, including those attached, or incorporated by reference, issued by the
Purchasing Office for soliciting offers to provide goods, services or construction.
"Responsible Offeror" means a business which has the capability in all respect to perform fully contract
requirements set out in the competitive solicitation, and the integrity and reliability which will assure good
faith performance, and who has not violated or attempted to violate any provision of law or ethical conduct.
Factors which may be considered in determining the Offeror's capability to perform, among others, are its
financial resources, production or service facilities, service reputation, and experience.
"Responsive bid" means a written offer to furnish good, services or construction in conformity with
standards, specifications, delivery terms and conditions, and all other requirements established in a
competitive solicitation.
2.2 Time and Place of Receiving and Opening of Bids
This information is found in the "Advertisement for Bids." Bids received after the specified time will be
returned to the Bidder unopened.
2.3 Clarification of Contract Documents
In the event a Bidder discovers a conflict or inconsistency between any part of the bid documents, Contract
Documents or an omission from the Contract Documents prior to submitting a Bid, the Bidder shall identify
the conflict, inconsistency or omission, and immediately submit in in accordance with 2.3.2 below.
Unless otherwise designated in the Contract Documents, any and all inquiries concerning the RFP process
including technical questions, Affirmative Action requirements, and bidding requirements must be
submitted in writing to RMRTD, to the attention of Phil Pino, via email rfp@mrcog-nm.gov
2.3.3 Invitation to Bid (ITB) including contract interpretation or report of ambiguities, conflicts,
errors or omissions, shall be submitted, in writing and shall be delivered to the RMRTD five
(5) days before the published bid opening. The RMRTD reserves the right to receive,
respond, or "not" respond to any ITB received after the cutoff date. At the RMRTD's sole
discretion, any clarification or interpretations will be made to any bidder as to the meaning of the
Contract Documents. Clarifications or interpretations by RMRTD will be in the form
of a written addenda. Addendum's will be consecutively numbered in the order they are
issued. Depending on the number and type of inquiries received; the RMRTD will issue
timely Addenda in Order to maintain the procurement schedule. Bidders shall no rely upon
any oral statements or conversations they may have with RMRTD employees, agents, or
representatives regarding the Contract Documents.
2.4 Addenda
Each Addendum shall be part of the Contract Documents to the same extent as though contained in the
original documents and itemized listings thereof and all Bidders shall be bound by such Addenda. On the
Bid response, each Bidder shall acknowledge receipt of each Addendum. Each Bidder shall ascertain, prior
to submitting the bid, that the Bidder has received all Addenda issued, and shall acknowledge receipt of
each Addendum on his Bid response.
2.5 Examination of Contract Documents and Site s

Before submitting a Bid response, each Bidder must:
* Examine the Contract Documents thoroughly.
* Visit the sites to become familiar with local conditions that may affect, in any manner, the
performance of the work and employment of labor thereon.
* Be familiar with federal, state, and local laws, ordinances, rules and regulations affecting
performance of the work and employment of labor thereon.
* Be familiar with the regulations governing the award and rejection of bids of the Rio Metro
Regional Transit District.
* Carefully correlate observations with the requirements of the Contract Documents.
2.6 Submission of Bid Responses
Bid responses are to be made on the printed form, which is part of the Contract Documents. Prices shall be
shown in numerals in ink, printed or types in the space provided. Alterations to bid amounts by erasures or
by interlineations shall be initialed by the signer of the Bid response. All Bid responses shall be submitted
and received with the understanding that the Bidder accepts the Specifications and Terms and Conditions
contained herein. Each Bid response shall be sent electronically, referenced in the subject line "Provide
Diesel Fuel - Bid Response" to:
RMRTD
Phil Pino - Chief Procurement Officer
rfp@mrcog-nm.gov
Phone: 505-247-1750
And submitted as provided in the Invitation for Bids. Delivery of bids is the sole responsibility of the
Bidder. Bids received after the time specified in the Advertisement for Bids shall not be considered.
2.7 Modification and Withdrawal of Bid responses
Bid responses may be modified or withdrawn by an appropriate document duly executed (in the manner that
a Bid response must be executed) and emailed where Bid responses are to be submitted at any time prior to
the scheduled closing time for the receipt of bids. Bids shall be unconditionally accepted for consideration
of award without alteration or correction as specified below.
2.7.1 RMRTD may allow a withdrawal of a bid because of an inadvertent, non-judgmental mistake
in the bid, with the limitations below.
2.7.2 RMRTD may require the apparent low Bidder to confirm its bid when obvious errors
regarding the amount of the bid are apparent on the face of the bid or the bid amount is
unreasonably lower than other bids submitted.
2.7.3 RMRTD may allow a Bidder to withdraw a bid if a mistake is clearly evident on the face of
the Bid Document or the intended correct bid is not evident and the low Bidder submits
evidence which clearly and convincingly demonstrates that a mistake was made which:
* Relates to a material and fundamental feature of the bid.
* Is of such a grave consequence that enforcement would be unconscionable
* The Bidder gave prompt notice of the mistake prior to award of Bid
* The Bidder acted in good faith

* The mistakes did not come about as a result of the violation of a positive legal
duty or from gross negligence and RMRTD's status has not been changed, or
if changed, RMRTD suffers no serious hardship or prejudice other that loss of
the bargain.
2.8 Viewing of Bids
The person reading the bids will utilize the following procedure prior to reading the amount of the bid:
A. Read name of Bidder and address.
B. Verify Bidder's Acknowledgment of Addenda.
C. Verify Bidder's execution of the following certifications:
i. Certification Regarding Affirmative Action/Equal Employment Opportunity and
Nondiscrimination (AHRO Form CC-2)
ii. Certification of Restrictions on Lobbying
iii. Certification Regarding Debarment, Suspension
iv. Campaign Contribution Disclosure
D. Determine whether other requirements are met. If any of the above requirements have not been
met, the bid shall be read after the deficiency, or deficiencies have been announced and noted.
2.9 Bid Consideration Time
RMRTD will require time to study and canvass each Bid response and to determine which Bid response it
deems to be the lowest responsible bid. In consideration thereof, no Bid response may be withdrawn after
the schedule closing time for receipt of bids for the period of time specified in the Bid response.
2.10 Qualification of Bidders
RMRTD may make such investigations as deemed necessary to determine the ability of the Bidder to
perform the work, and the Bidder shall furnish to RMRTD all such information and data for this purpose as
RMRTD may request. RMRTD reserves the right to reject any bid if the evidence submitted by, or
investigation of, such Bidder fails to satisfy the RMRTD that such Bidder is a responsible bidder ad defined
in Section 13-1-82 NMSA 1978.
2.11 Subcontractors, Other Persons, Organizations
2.11.1 If the Contract Documents require the identify of certain Subcontractors and other persons
and organizations to be submitted to RMRTD in advance of the Notice of Award, the
apparent successful Bidder, and any other Bidder so requested, will within seven (7) days after
the day of the Bid Opening, submit to RMRTD a list of all Subcontractors and other persons
and organizations (including those who are to furnish the principal items of material and
equipment) proposed for those portions of the work for which such identification is
required. Such list shall be accompanied by an experience statement with pertinent information
as to similar projects and other evidence of qualifications for each such subcontractor, person and
organization if requested by RMRTD. If RMRTD, after due investigation, has reasonable
objection to any proposed subcontractor, other person, or organization, RMRTD may,
before giving the Notice of Award, request the apparent successful Bidder to submit an acceptable
substitute without an increase in his bid amount. If the apparent successful Bidder declines to
make any such substitution, he will not thereby sacrifice his Bid Security. Any
Subcontractor, other person or organization so listed and to whom RMRTD does not make

written objection prior to the giving of the Notice of Award will be deemed
acceptable to RMRTD.
2.11.2 Some Public Works Projects may be subject to the provisions of the "Subcontractors
Fair Practices Act" (Chapter 18, Laws 1988; Section 13-4-31 through 13-4-43 NMSA
1978). When this Act is applicable, each Bidder shall comply with the requirements
set forth in the Special Provisions of these Bidding Documents.
2.12 Award of Contract
2.12.1 RMRTD reserves the right to reject any and all bids and waive any and all informalities and
irregularities and the right to disregard all nonconforming or conditional bids or counterbid
responses. RMRTD reserves the right to cancel the opportunity for submission of bids.
RMRTD further reserves the right to reject for RMRTD's convenience all bids submitted.
Bidders shall not be entitled to recover damages of any nature against RMRTD for
RMRTD's rejection of all bids, for cause or for convenience.
2.12.2 If a Contract is awarded, it will be awarded to the lowest responsible Bidder.
If two or more submitted bids are identical in price and are the low bid, RMRTD may:
* If the identical low bids are submitted by a resident business and a non-
resident business, award to the Resident Contractor.
* Award by lottery to one of the identical low Bidders,
* Reject all bids and re-solicit bids.
2.12.3 RMRTD reserved the right to make multiple awards as a result of this Invitation, if doing so
may be advantageous to RMRTD.
2.12.4 If the Contract is to be awarded, RMRTD will give the apparent successful Bidder a Notice
of Award within the period specified in the Bid response unless the Bidder and RMRTD
agree to extend the period specified.
2.13 Insurance Certificates
Simultaneously with delivery of the executed Contract, the Contractor shall furnish certificates of insurance
as required by the Bidding Documents.
2.14 Guarantee Provisions
The Contractor shall guarantee the work as provided in the Contract Documents.
2.15 Substitutions
RMRTD will not allow for any substitutions of process of types of equipment or kinds of material to be
provided.

2.16 Collusion
No Bidder shall be interested in more than one bid. Collusion among Bidders or the submission of more
than one bid under different names by any firm or individual shall be cause for rejection of all bids without
consideration.
2.17 Pre-Bid Conference
No Pre-Bid conference will be conducted as part of this procurement.
2.18 Affirmative Action Program/Civil Rights Compliance
Bidder shall comply with the Affirmative Action/Equal Employment Opportunity and Nondiscrimination
requirements as provided in APPENDIX 4.
2.19 Anti-Lobbying
Bidder must furnish Anti-Lobbying Certification and Disclosure of Lobbying Activities, if applicable, as
provided in APPENDIX 6.
2.20 Debarred Contractors
The bid of a Contractor that has been debarred pursuant to the procedures set forth in the Regulation
Governing the Award and Rejection of Bids and the Debarment of Contractors for Public Works Projects of
the State of New Mexico or its legal entities shall not be considered for award of Contract on a Public
Works Project during the period for which it is debarred. Contractor must furnish Debarment Certification
as provided in APPENDIX 7.
2.21 Campaign Contributions
Contractor must furnish Campaign Contribution Disclosure as provided in APPENDIX 8.
2.22 Ethical Conduct
2.22.1 By submitting its bid in response to this Invitation, the Bidder certifies that: It has not
offered, given or agreed to give any RMRTD employee, a gratuity or offer of employment to
influence of or recommendation of award of this Bid;
2.22.2 It has not retained a person to solicit or secure an RMRTD contract for a contingent fee;
2.22.3 It has not taken any action in restraint of fee competitive bidding in this Bid;
2.22.4 It has not in any way violated the ethical conduct or other provisions of applicable Public
Purchasing Provisions.
2.22.5 It currently has no interest and shall not acquire any interest, direct or indirect, which would
conflict in any manner or degree with its performance of any contract resulting from this
Requestor.

2.22.6 NMAC 1.4.1.16 requires that this Invitation for Bids (ITB) includes the following notice:
The state Procurement Code, Sections 13-1-28 through 13-1-199 NMSA 1978, imposes civil and
misdemeanor criminal penalties for procurement violations. In addition, the New Mexico
criminal statutes impose felony penalties for bribes, gratuities and kickbacks.
2.23 Worker's Compensation Insurance - Non-Resident Contractors
Notice is given that in addition the requirements of the General Conditions of the Contract, Non-Resident
Contractors shall comply with the provisions of Sections 52-1-66; 59A-17-10.1; 59A-18-1; and 59A-18-12
NMSA 1978, pertaining to the worker's compensation insurance policy and rate for employers not
domiciles in New Mexico.
2.24 Submissions
All offers must be submitted on the Request for Bid form enclosed. Failure to do so may disqualify your
offer. If is the responsibility of the Bidder to submit sufficient additional information to allow for a thorough
evaluation of the offer submitted.
2.25 Delivery Time
Delivery time stated in the specifications shall apply. Deviations by the Bidder shall be stated on the Bidder
Comment Form included herein. Time, if stated in number of days will be consecutive calendar days.
2.26 Payment Terms
The Bid response Form contained herein provides space of the Bidder to identify the terms that the Bidder is
offering. Terms of less than twenty days (20) will not be considered. The discount term, if applicable, shall
not begin until the goods, services or construction have been delivered and accepted and the correct invoice
is received by RMRTD's Accounts Payable Office.
3.0 SPECIFICATIONS AND TERMS AND CONDITIONS
3.1 TECHNICAL SPECIFICATIONS
A. All fuel products shall meet Environmental Protection Agency (EPA) requirements, the
fuel specifications contained herein as well as all state and federal regulations governing
diesel and unleaded gasoline products.
B. Clean Transportation Fuels Standard (CTFS): Effective April 1, 2026, the State of New
Mexico will introduce a new regulatory cost that will apply to gasoline and diesel
products delivered with the State of New Mexico.
The State of New Mexico's Clean Transportation Fuels Standard (CTFS) is designed to
be a market-based regulatory program that reduces the carbon intensity of transportation
fuels within the state. Similar standards are in place in California, Washington, and
Oregon. For more information, you can refer to CTFS rule 20.2.92 as administered by the
New Mexico Environment Department.

When submitting your bid response; please declare these fees will automatically be
incorporated into the pricing of diesel fuel, which means that the OPIS price will be
based on the "with CAR" price on the daily OPIS report.
C. The quality of No. 2 Diesel Fuel (ASTM 2-D, Ultra Low sulfur) provided Contractor
shall comply with the specifications herein and the following:
i. Current ASTM standard specification D975 for diesel fuels;
ii. 40 CFR Part 80; and
iii. Clean Air Act Amendment (CAAA) of 1990
D. The fuel oil supplies under the Contract shall consist of petroleum-derived products. The
Contractor and its sources are prohibited from adulterating the fuel with waste crankcase
lubricants or similar products. Fuel oil must be clean and free of contamination.
E. The requirements contained in this solicitation are not intended to be a complete list. The
Contractor shall be responsible for determining the existence of all requirements at the
time deliveries are made. In the event that a Federal, State or local environmental
requirement is more stringent than a specification contained in the resultant Contract, the
Contractor shall deliver a product that complies with the more stringent requirement.
Products that fail to meet the more stringent requirement will be nonconforming.
F. The Contractor shall ensure that the No. 2 Ultra Low Sulfur Diesel Fuel provided to VRE
meets or exceeds the latest edition of the following American Society for Testing and
Materials (ASTM) requirements.
ASTM Test No. 2 Ultra Low
Method Sulfur Diesel Fuel
Flash Point, O degrees C Min D93/D3828 52
Water and Sediment, % Volume Max D2709 0.05
D1796
Distillate Temp D86
degreesC, 90% Volume
Recovered
Min 282
Max 338
Kinematic Viscosity, D445
40% C, cSt
Min 1.9
Max 4.1
Ash, % Mass Max D482 0.01
Sulfur, % (PPM) Mass Max D2622 15
Copper Strip Corrosion, 3 Hour @ D130 No. 3
50 degrees C Max Rating
Cetane No. Min D613 40
Ramsbottom Carbon Residue D524 0.35
On 100% Distillation Residue

3.2 Additional Definitions
As used throughout this contract, the following term shall have the meaning set forth below. "Workdays"
are defined as any day of the week, seven days per week, 24 hours per day, including holidays. Primary
delivery time will be from 12:00 PM through 5:00 AM, Monday - Friday, additional deliveries on Tuesday
& Thursdays between 10:00 AM through 3:00 PM. Emergency deliveries may be required.
3.3 Indefinite Quantity
A. This is an indefinite-quantity contract for the supplies or services specified and stated elsewhere
in the contract. During a typical year the RMRTD will consume over 1,000,000 gallons of Diesel
fuel.
B. Delivery or performance shall be made only as authorized by orders issued in accordance with
the Ordering clause.
C. Except for any limitations on quantities which may be specified elsewhere in this contract, there
is no limit on the number of orders that may be issued.
D. Any order issued during the effective period of this contract and not completed within that
period shall be completed by the Contractor within the time specified in the order. The contract
shall govern the Contractor's and RMRTD's rights and obligations with respect to that order to
the same extent as if the order were completed during the contract's effective period.
3.4 Ordering
A. Any supplies and services to be furnished under this contract shall be ordered by issuance of
delivery orders. The Maintenance Manager and his authorized representatives are the only
individuals with the authority to place delivery orders against this contract.
B. All delivery orders are subject to the terms and conditions of this contract. In the event of
conflict between a delivery order and this contract, the contract shall control.
C. All orders will be placed by either email or telephone.
3.5 Delivery Order Limitations
A. Minimum order. 800,000 gallons (estimated)
B. Maximum order. 1,300,000 gallons (estimated)
C. The estimated quantities listed above do not constitute an order and are not necessarily
comprehensive. They are a representative sample of what is likely to be purchased during the
course of a contract resulting from this Invitation and will be used only to evaluate bids. The
RMRTD gives no assurance that purchases from this Invitation will meet the estimates indicated
above.
3.6 Terms of Contract
The term of this contract shall begin on January 1, 2027 and shall expire on December 31, 2027. The
contract award period shall be valid for that year, unless terminated sooner under the terms of this contract.
The RMRTD reserves the right to extend the contract pursuant to contract clause.
3.7 Option to Extend Term
A. RMRTD may or may not extend the term of this contract for up to one (1) year at a time, by
written notice to the Contractor. If feasible, the RMRTD shall give the Contractor a preliminary
written notice of its intent to extend at least 60 days before the contract expires. The preliminary