INVITATION TO BID:
BID NUMBER: 18-19-13
PURCHASE OF TWO 3000-GALLON
Bid Opening Date: April 10, 2019
Time: 2:00 PM (Local Time)
NIGP Code: 967-065.83
Net-30 days after receipt of invoice.
REQUIRED DELIVERY: As Specified
FOB POINT: As Specified
RETURNED SEALED BIDS TO:
SAN JUAN COUNTY
213 S. Oliver Drive
Aztec, NM 87410
▪ Only Bidders that complete and return the enclosed Acknowledgement of Receipt Form will
receive addendums, if issued.
▪ This bid is subject to the Terms and Conditions shown on the following pages and any/all additional
▪ Do not return Invitation to Bid Form in case of "No Bid".
▪ Bid must be received in the County Purchasing Department Office by the Bid Opening Date and Local
Time as indicated above. Bids that are received after that date and time will not be accepted, and
will be returned to the sender unopened.
▪ Bid Offers shall be made on unaltered Bid Offer Forms furnished by San Juan County. Faxed Bids are
not acceptable. Bids shall be submitted sealed. The outside package should clearly identify the
project name and bid number, bid opening date, and name of bidder. Submit Bid Offer in
accordance with the Invitation to Bid. Bidders may submit a Primary Bid and Alternate Bid(s).
Each Bid must be sealed separately and the outside package should be clearly marked indicating
if the Bid is Primary or Alternate.
Failure of bidders to complete bidding documents in accordance with all instructions provided is cause for
this office to reject bids.
Brand names and numbers are for reference only, equivalents will be considered. If bidding equivalent,
bidders must be prepared to furnish complete data to prove product meets or exceeds specifications of the
THE PROCUREMENT CODE SECTIONS 13-1-28 THROUGH 13-1-99 NMSA 1978, IMPOSES CIVIL AND
CRIMINAL PENALTIES FOR ITS VIOLATION. IN ADDITION, THE NEW MEXICO CRIMINAL STATUTES
IMPOSE FELONY PENALTIES FOR BRIBES, GRATUITIES AND KICKBACKS.
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ACKNOWLEDGEMENT OF RECEIPT FORM
BID NO.: 18-19-13
TITLE: PURCHASE OF TWO 3000-GALLON TANKER TRUCKS
76 PAGES (INCLUDING ACKNOWLEDGEMENT FORM)
NOTE: ONLY POTENTIAL BIDDERS WHO COMPLETE AND RETURN
THIS FORM WILL RECEIVE COPIES OF ADDENDUMS, IF ISSUED.
In acknowledgement of receipt of the above referenced Bid Packet, the undersigned agrees that
he/she has received a complete copy.
SIGNATURE OF AUTHORIZED REPRESENTATIVE
PRINTED NAME OF AUTHORIZED REPRESENTATIVE
PHONE NO.: ______________________
ZIP CODE: _____________
FAX NO.: ______________________
FAX (505) 334-4561
Faxed copies of the Acknowledgement of Receipt form will be accepted.
Faxed Bid responses will not be accepted.
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TERMS AND CONDITIONS
(Unless otherwise specified)
GENERAL. When the County Chief
Procurement Officer issues a purchase document
in response to the Vendors bid, a binding contract
2. FORM OF SUBMISSION. Bid Offers shall be
made on unaltered Bid Offer Forms furnished by
San Juan County. Bidders are requested to
provide one (1) original Bid. The outside
package should identify the project name, bid
number, bid opening date and name of bidder.
Bidders may submit a Primary Bid and
Alternate Bid(s). Each bid must be sealed
separately and the outside package should be
clearly marked indicating if the Bid is Primary
CONTRACTORS. A business (contractor,
subcontractor or supplier) that has either been
debarred or suspended pursuant to the
requirements of §13-1-177 through §13-1-180,
and §13-4-11 through §13-4-17 NMSA 1978 as
amended, shall not be permitted to do business
with San Juan County and shall not be considered
for award of the contract during the period for
which it is debarred or suspended.
4. VARIATION IN QUANTITY. No variation in
quantity of any item called for in this order will be
accepted unless such variation has been caused
by conditions of loading, shipping, packing or
allowances in manufacturing process, and then
only to the extent, if any, specified elsewhere in
A. Neither the order, nor any interest therein, nor
claim thereunder, shall be assigned or
transferred by the Vendor, except as
expressly authorized in writing by the County
Procurement Manager. No such assignment
or transfer shall relieve the Vendor from the
obligations and liabilities under this order.
B. Vendor agrees that any and all claims for
overcharge resulting from antitrust violations
which are borne by the County as to goods,
services, and materials purchased in
connection with this bid are hereby assigned
to the County.
6. DISCOUNTS. Prompt payment discounts will
not be considered in computing the low bid.
Discounts for payment will be considered after the
award of the contract. Discounted time will be
computed from the date of receipt of the
merchandise or invoice, whichever is later.
7. INSPECTION. Final inspection and
acceptance will be made at the destination.
Supplies rejected at the destination for non-
conformance with specifications shall be
removed, at the Vendor's risk and expense,
promptly after notice of rejection.
8. INSPECTION OF PLANT. The County
Procurement Manager may inspect, at any
reasonable time, the part of the contractor's, or
any subcontractor's plant or place of business,
which is related to the performance of this
9. LIABILITY. The Vendor agrees that San Juan
County shall not be held liable for any costs
incurred in preparation of this bid.
10. COMMERCIAL WARRANTY. The Vendor
agrees that the supplies or services furnished
under this order shall be covered by the most
favorable commercial warranties the Vendor gives
to any customer for such supplies or services, and
that the rights and remedies provided herein shall
extend to the County and are in addition to, and
do not limit any rights afforded to the County by
any other clause of this order. Vendor agrees not
to disclaim warranties fitness for a particular
purpose of merchantability.
11. TAXES. The unit price shall exclude all
County/State taxes. Wherever requested in bid
response, Vendor shall submit taxes on total bid
as a separate unit. Bids shall be awarded on unit
price without regard of tax.
12. PACKING, SHIPPING and INVOICING.
A. The County's purchase document number
and the Vendor'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
with the shipment. The user's count will
be accepted by the Vendor as final and
conclusive on all shipments not
accompanied by a packing ticket.
B. Upon delivery, the Vendor's invoice shall
be submitted to Accounts Payable, 100 S.
Oliver Drive, Aztec, NM 87410, duly
certified and shall contain the following
information: Purchase order number,
description of supplies or services,
quantities, unit prices and extended
totals. Separate invoices shall be
rendered for each and every complete
C. In accordance with NMSA 1978, Section
13-1-158 (1997) of the New Mexico
Procurement Code, the Vendor may
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assess late payment charges on past due
accounts (thirty days past receipt and
acceptance of the complete order of
goods or services by the County) at the
rate of one and one-half percent (1½ %)
per month of the unpaid balance.
Paragraph C of this section also states
that if payment is made by mail, the
payment shall be deemed tendered on
the date it is postmarked.
13. DEFAULT. The County reserves the right to
cancel all or any part of this order without cost to
the County, if the Vendor fails to meet the
provisions of this order and, except as otherwise
provided herein, to hold the Vendor liable for any
excess costs if failure to perform the order arises
out of causes beyond the control and without the
fault or negligence of the Vendor, such causes
include but are not restricted to acts of God or the
public enemy, acts of the State or Federal
government, fires, floods, epidemics, quarantine
restrictions, strikes, freight embargoes, unusually
severe weather, and defaults of subcontractors
due to any of the above, unless the County shall
determine that the supplies or services to be
furnished by the subcontractor were obtainable
from other sources in sufficient time to permit the
Vendor to meet the required delivery schedule.
The rights and remedies of the County provided in
this paragraph shall not be exclusive and are in
addition to any other rights now being provided by
law or under this order.
14. NON-COLLUSION. In, signing this bid, the
Vendor certifies that he/she has not, either directly
or indirectly, entered into any action in constraint
of free competitive bidding in connection with this
proposal submitted to the County Procurement
15. NON-DISCRIMINATION. Vendors doing
business with San Juan County must be in
compliance with the Federal Civil Rights Act of
1964 and Title VII of the Act, (Rev.,1979), and the
Americans Disabilities Act of 1990. (Public Law
16. IN-STATE RESIDENT PREFERENCE. To be
eligible for the 5% resident preference, the bidder
shall include a copy of their certificate with their
bid and in-state resident preference number on
the Bid Offer Page, pursuant to Section 13-1-21
NMSA 1978. Each Bidder may obtain a New
Mexico In-State Resident Preference Certificate
Number through the State of New Mexico,
Department of Taxation and Revenue, 505-827-
17. RESIDENT VETERANS PREFERENCE. To
be considered for the 10% resident veteran
business preference, the bidder shall include a
copy of their certificate with their bid and resident
veteran preference number on the Bid Offer Page,
pursuant to Section 13-1-21 NMSA 1978. Each
Bidder may obtain a Resident Veterans
Preference Certificate Number through the State
of New Mexico, Department of Taxation and
Revenue, 505-827-0951. This preference is
separate from the in-state preference and is not
cumulative with that preference.
18. ITEM/EQUIPMENT CONDITION. All bid
items are to be new and of most current
production, unless otherwise specified.
19. BEST PRICING CONDITION. The bid award
does not preclude price changes if deemed
beneficial to the County. In recognition of market
price fluctuation, Vendor agrees to provide bid
items at best possible price to SJC including any
available discounts or special pricing that applies.
Bid prices reflect the upper limit that applies. Bid
prices reflect the upper limit that may be charged
for any particular item.
20. SAMPLES. Unless otherwise indicated in the
bid specifications, samples of the items-when
required-shall be furnished free of expense to the
County prior to the time set for the opening of
bids. Samples not destroyed or mutilated in
testing will be returned upon request by mail-
express or freight-COLLECT. Each sample must
be labeled to clearly show the bid number, item
number and bidders name-regardless of any
attempt by bidder to condition the bid. Unsolicited
bid samples or descriptive literature which are
submitted at the bidder's risk, will not be
examined or tested, and will not vary from any of
the provisions of the Invitation to Bid.
21. BID AWARD. San Juan County is not
obligated to award to lowest bidder, but reserves
the right to accept and/or reject any and all bids,
in whole or in part, to waive technical
irregularities, and to award to the bidder whose
bid is deemed to be in the best interest of the
County. The County reserves the right to waive
minor irregularities and also reserves the right to
waive mandatory requirement(s) so long as all
responding vendors fail to meet the mandatory
requirement(s) and the failure to do so does not
otherwise materially effect the procurement.
Determination of lowest bidder:
Following determination of product acceptability, if
any is required, bids will be evaluated to determine
which bidder offers the lowest cost to the County in
accordance with specifications, terms, & conditions
set forth. The County reserves the right to award
this Invitation to Bid in total; by groups of items; on
the basis of individual items; or any combination of
these; or as otherwise specified in bid terms.
Alternate Bids may be considered so long as the
Primary Bid submitted is the lowest bid meeting the
specifications and requirements. Bidders may
submit a Primary Bid and Alternate Bid(s). Each
bid must be sealed separately and the outside
package should be clearly marked indicating if the
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Bid is Primary or Alternate.
22. RIGHT TO DISCONTINUE PROCUREMENT.
The County reserves the right to cancel this
INVITATION TO BID at any time, and to reject
any or all bids, or otherwise to proceed in the best
interests of the County. This in no manner
obligates the County or any of its agencies to the
eventual purchase of any product or service,
whether explicitly described or implied herein,
until confirmed by a written contract and/or
23. FOB DESTINATION. Destination: Means
goods are to be delivered to the destination
identified in the Purchase Order by the user,
which is the point at which the user accepts
ownership or title to goods. Laws of New Mexico
specifically prohibit acceptance of ownership of
goods in transit. ANY exception to FOB
Destination may cause a bid to be declared non-
24. INSURANCE REQUIREMENTS. Contractor
shall carry and maintain insurance from an
insurance company or companies with a Best
Rating of A, or better, authorized to do business in
the State of New Mexico in the following amounts:
*(Construction, Services, or Installation Only)
General Liability - $1,000,000 CSL
(Combined Single Limits)
Auto Liability - $1,000,000 CSL
(Combined Single Limits)
Workers Compensation – Statutory limits
pursuant to the New Mexico Workers
The certificate shall specifically provide that the
coverage afforded under the policy or policies will
not be cancelled or be materially changed until
prior written notice has been given to the County.
The County shall be named as additional insured
on the General Liability Insurance policy. The
Contractor shall supply a copy of the
appropriate certificates of insurance to the
County for each year in which the contract is
25. LATE BIDS. Any bid received after the
specified time and date will be declared a "Late
Bid" and will NOT be considered.
26. SPECIAL INSTRUCTIONS.
A. To preclude possible errors and/or
misinterpretations, bid prices must be
affixed LEGIBLY in ink, or typewritten.
Corrections or changes must be signed or
initialed by bidder prior to scheduled bid
opening. Failure to do so will be just
cause for rejection of bid. The Bid shall be
stated in both numerals and written
words. In case of discrepancies, the
amount in written words shall govern.
B. Clarifications and questions must be
addressed to the County Procurement
Manager in sufficient time to provide a
written response to all prospective
C. Bids may be withdrawn upon receipt of
written request, prior to scheduled bid
opening for the purpose of making any
corrections and or changes. Such
corrections must be properly identified
and signed or initialed by bidder.
Resubmittal must also be prior to
scheduled bid opening for consideration.
D. After bid opening, no modifications on bid
prices or other provisions shall be
permitted. A low bidder alleging a material
mistake of fact-after bids have been
opened-may be permitted to withdraw the
bid upon written request prior to award at
the discretion of the County Procurement
Manager. Bidders shall hold their bid
pricing for thirty (30) days after bid
E. Specifications on the bid are not meant to
exclude any bidder or manufacturer.
Where a brand name or equal is
indicated, it is for the purpose of
describing the standard of quality,
performance, and characteristics desired
and are NOT intended to restrict
specifications may be authorized ONLY if
required to match existing equipment.
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