Request for Proposal
Board of Education,
County of Wood
1210 13 th Street
Parkersburg WV 26101
Request for Proposal for gasoline and B5 Bio diesel fuel
General Information
1. Purpose: The Board of Education, County of Wood, is seeking proposals for providing gasoline and B5 Bio Diesel fuel, from same vendor, for the 2023-2024 fiscal year. Approximate need is 42,000 gallons of gasoline and 390,000 gallons of B5 Bio Diesel fuel.
This Request for Proposal (RFP) states the instructions for submitting proposals, the procedure and criteria by which a vendor may be selected and the contractual terms by which the Board of Education intends to govern the relationship between it and the selected vendor.
2. Definition of Parties: The Board of Education, County of Wood, included in the RFP will hereinafter be referred to collectively as the Board. Where the RFP refers to a specific department, those departments will be referred to as indicated within the document.
Respondents to the RFP shall be referred to as Bidders. The Bidder to whom the contract is awarded shall be referred to as the Contractor.
3. Scope: The intent of the Board is to enter into a one year contract for gasoline and B5 Bio Diesel fuel for the 2023-2024 fiscal year. This document will address the requirements.
4. Evaluation Criteria: Proposals will be evaluated on criteria deemed to be in the Board’s best interests, including but not limited to the following
1. Cost, including payment terms, payment type, over the contract period
2. Ability to meet specifications and responsiveness to terms and conditions
3. Financial stability of Bidder
4. Ability to perform as evidenced by previous experience with the Board
5. Recommendations from professional references
6. Ability to provide both gasoline and B5 Bio Diesel fuel
7. Insurance, licenses, permits, and any other documentation requested
5. Communication with the Board: Bidder is responsible to inquire about any requirement of this RFP that is not understood. Responses to inquiries, if they change or clarify the RFP in a substantial manner, will be posted on the Board’s website. The Board will not be bound by oral responses to inquiries or written responses other than addenda. Inquiries must be made to Director of Purchasing, 1210 13 th Street Parkersburg, WV, 26101 or via email at [email protected].
6. Award of Proposal: Presentations may be requested of two or more Bidders deemed by the Board to be the best suited among those submitting proposals on the basis of the selection criteria. After presentations have been conducted, the Board may select the Bidder which, in its opinion, has made the proposal that is the most responsive and most responsible and may award the contract to that Bidder. The Board reserves the right to waive minor irregularities. The Board reserves the right to reject any or all proposals, in whole or in part, and is not necessarily bound to accept the lowest cost proposal if that proposal is contrary to the best interests of the Board. The Board may cancel this RFP or reject any or all proposals in whole or in part. Should the Board determine in its sole discretion that only one Bidder is fully qualified, or that one Bidder is clearly more qualified than any other under consideration, a contract may be awarded to that Bidder without further action.
7. Award Protest: Bidders may appeal the award decision by submitting a written protest to the Board’s Director of Purchasing within five (5) business days of the date of the award notice and meet all requirements for protest: WVDE Policy 8200, 23.1-23.2.2.
8. Confidentiality: Clearly mark any information considered to be confidential.
9. Costs of Preparation: Bidder assumes all costs of preparation of the proposal and any presentations necessary to the proposal process.
10. Debarment: Submission of a proposal in response to this solicitation is certification that your firm in not currently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any State or Federal department or agency. Submission is also agreement that the Board will be notified of any change in status.
11. Proposal Understanding: By submitting a proposal, the Bidder agrees and assures that the specifications are adequate, and the Bidder accepts the terms and conditions herein. Any exceptions should be noted in Bidder’s response.
12. Proposal Validity: Unless specified otherwise, all proposals shall be valid for 60 days from the due date of the proposal.
13. Proposal Submission: Sealed bids may be delivered to the following office:
GASOLINE AND B5 DIESEL FUEL BID
Board of Education, County of Wood
1210 13 th Street
Parkersburg, WV 26101
14. Opening of Bids: Bids will be opened, August, 8, 2023 at the Board of Education Office, located at 1210 13 th Street Parkersburg, WV 26101. Bidders are not required to attend Bid Opening.
15. Information to be Submitted with Bid:
1. Evidence of permanent place of business and adequate service equipment
2. Bid Form 2024
3. Indemnification agreement statement
4. Non-collusion affidavit
5. Proof of insurance and workers’ compensation coverage
6. Evidence of all licenses/permits required to provide all services
7. Professional references
8. Business license(s)
9. OPIS Publication for week bid was developed
General Terms and Conditions
WVDE Policy 8200
19.3.1. According to West Virginia Code §5A-3-10a, No contract or renewal of any contract may be awarded by the state or any political subdivision to any vendor when the vendor or a related party to the vendor is a debtor and the debt owed is an amount greater than $1,000, as defined in the following paragraphs.
19.3.2. Debt is defined in the statute as any assessment, premium, penalty, fine, tax or other amount of money owed to the state or any of its political subdivisions because of a judgment, fine, permit violation, license assessment, workers’ compensation premiums, penalty, or other assessment or surcharge presently delinquent or due and required to be paid to the state or any of its political subdivision, including any interest or additional penalties accrued thereon.
19.3.3. The prohibition does not apply where a vendor has contested any tax, workers’ compensation premium amount, permit fee, or environmental fee or assessment and the matter has not become final, or the vendor has entered into a payment plan and the vendor is not in default of any provisions of the payment plan.
19.3.4. Any bids, contract proposals or contracts with the state or any of its political subdivisions must include an affidavit that the vendor or related party to the vendor does not owe any debt in an amount in excess of $1,000.
1. Contract Documents: If a separate contract is not written, the contract entered into by the parties shall consist of the date/time stamped submitted proposal, the specifications including all modifications thereof, and a purchase order or letter of agreement requiring signatures of the Board, all of which shall be referred to collectively as the Contract Documents.
2. Contract Modification and Amendment: The parties may adjust the specific terms of this contract where circumstances beyond the control of either party require modification or amendment. Any modification or amendment proposed by the Contractor must be sent in writing to Director of Purchasing. Any agreed upon modification or amendment must be in writing and signed by both parties.
3. Contract Term: The contract term shall be for a period of one year beginning July 1, 2014. The contract may be extended upon mutual written agreement of all parties. All services performed or goods delivered under LEA Purchase Orders/Contracts are to be continued for the term of the Purchase Order/Contracts, contingent upon funds being appropriated by the Legislature or otherwise being made available. In the event funds are not appropriated or otherwise available for these services or goods, this Purchase Order/Contract becomes void and of no effect after June 30 of current year.
4. Contract Data: The Contractor is required to provide the Board with detailed data concerning the contract at the completion of each contract year and at the request of the Board. The Board reserves the right to audit the Co ntract or’s records to verify the data. This data may include, but is not limited to dollar volume, items sold, equipment used, and services rendered.
5. Contract Validity: In the event one or more clauses of the contract are declared invalid, void, unenforceable or illegal, that shall not affect the validity of the remaining portions of the contract.
6. Cancellation/ Termination: If the Contactor defaults in its agreement to provide services, personnel, or equipment to the Board’s satisfaction, or in any other way fails to provide services in accordance with the contract terms, the Board shall notify the Contractor of such default and if adequate correction is not made within 20 days, the Board may take whatever action it deems necessary to provide alternate services and may, at its option, immediately cancel this Contract with written notice. Cancellation does not release the Contractor from its obligation to provide goods or services per the terms of the contract during the notification period.
7. Clarification of Responsibilities: If the Contractor needs clarification of or deviation from the terms of the contract, it is the Contractor’s responsibility to obtain written clarification or approval from the Contract Administrator.
8. Litigation: This Contract and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of West Virginia. The Contractor agrees that any litigation, action or proceeding arising out of this contract, shall be instituted in a state court located in the State of West Virginia.
9. Assignment: Neither party of the contract shall assign the contract without the prior written consent of the other, nor shall the contractor assign any money due or to become due without the prior consent of the Board.
10. Equal Opportunity: In the execution of the contract, the Contractor and all subcontractors agree, consistent with the Board’s policy, not to discriminate on the grounds of race, color, religion, sex, sexual orientation, national origin, age, disability, or veteran’s status and to provide reasonable accommodations to qualified individuals with disabilities upon request.
11. Independent Contractor: Whether the Contractor is corporation, partnership, other legal entity, or an individual, the Contractor is an independent contractor. If the Contractor is an individual, the Contractor’ duties will be performed with the understanding that the Contractor is a self-employed person, has special expertise as to the services which the Contractor is to perform and is customarily engaged in the independent performance of the same or similar services for others. The manner in which the services are performed shall be controlled by the Contractor; however, the nature of the services and the results to be achieved shall be specified by the Board. The Contractor is not to be deemed an employee or agent of the Board and has no authority to make any binding commitments or obligations on behalf of the Board except as expressly provided herein.
12. Sexual Harassment: The Board is committed to providing a positive environment for all students and staff. The Board has a legal and ethical responsibility to ensure that all students and employees can learn and work in an environment free of sexual harassment. Failure to comply with the policies of the Board could result in termination of this contract without advance notice. Further information regarding all policies is available from the Human Resources Office.
13. Indemnification: The Contractor agrees to be responsible for, and to protect, save harmless, and indemnify the Board and its employees from and against all loss, damage, cost and expenses including attorney’s fees suffered or sustained by the Board or for which the Board may be held or become liable by reason of injury, including death, to persons or property or other causes whatsoever, in connection with the operations of the Contractor or any subcontractor under this agreement.
14. Contractor’s Liability Insurance: During the term of this agreement, the Contractor shall maintain Commercial General Liability, Automobile Liability, and Worker’s Compensation insurances. The Board shall be named as additional insured on the Commercial General Liability insurance. Certificates of Insurance for all of the insurances shall be filed with the Board’s Purchasing Director.
Performance Terms and
Conditions
1. Contract Administration: The Board’s Director of Purchasing or designee shall be the Board’s authorized representative in all matters pertaining to the administration of this contract.
2. Employees: The Contractor shall employ only competent and satisfactory personnel and shall provide a sufficient number of employees to perform the required services efficiently and in a manner satisfactory to the Board. If the Contract Administrator or designee, notifies the Contractor in writing that any person employed on this contract is incompetent, disorderly, or otherwise unsatisfactory, such person shall not again be employed in the execution of this contract without the written consent of the Contract Administrator. Employees may be required to pass an authorized background check.
3. Payments: Payment will be upon submittal of an invoice to the Board by the Contractor. Invoices must identify, in detail, the vendor, mailing address, physical address, remit to address, telephone number, itemized list of items or services provided, the quantity, the date provided, to whom provided the amount due, applicable discounts, and the Board’s purchase order number. Contractor must be able to accept credit card payments: however, payments from the Board may be paid by check, Visa, or electronic funds transfers.
1. Pricing: Quoted prices will be in effect for a minimum of one year from the effective date of the contract. Prices must be solely for the duration of the Contract. After the one year period, the Board will accept verified manufacturer’s price increase to dealer or verified manufacturing costs to a manufacturer. All price increases must be of a general nature and apply to all customers. Notification of price increases must be furnished in writing to the Contract Administrator with a copy sent to the Board’s Purchasing Director for approval. The Board reserves the right to rebid the contract if it does not want to accept price increases. In the event of any commodity price decrease, the contractor shall promptly notify the Board and any decrease in the price shall be reflected in pricing to the Board.
1. Proposal Content: Bidders shall ensure that all information required is submitted with the proposal. All information provided should be verifiable by documentation requested by the Board. Failure to provide all information, inaccuracy or misstatement may be sufficient cause for rejection of the proposal or rescission of an award. Bidders are encouraged to provide any additional information describing servicing abilities.
Specifications
Supplier will deliver gasoline and B5 Bio Diesel, as requested, to the following storage tanks located at 4701 Camden Ave Ext, Parkersburg, WV 26101.
1-8,000 gallon tank unleaded gasoline
1-12,000 gallon tank bio diesel
The Board reserves the right to make changes in size and location of tank as need may arise.
Approximate need is 42,000 gallons of gasoline and 390,000 gallons of B5 Bio Diesel fuel.
Supplier must be able to supply ASTM D 6751 report on demand.
Blending of B5-Bio Diesel must be injected blended–not splash blended.
During cold weather, the B5 Bio Diesel needs to be blended at a temperature great than 55 degrees Fahrenheit.
All bids shall be based on the current publication of OPIS rack prices, with pricing calculated by adding freight plus profit desires and applicable taxes.
Bidder must supply a copy of the OPIS publication to the Board weekly.
Freight prices quote shall be actual freight charges for the duration of the contract.
Bid Form 2024
Vendor:
Vendor:
Representative:
Unleaded Diesel Fuel
Gasoline B5-Bio
87 Octane Diesel Truck
Truck Transport Transport
Brand
OPIS Rack/Gal
Freight
Supplier Cost
Profit
Tax
Total Cost
Per Gallon
Profit Margin
(cents/gal)
Additional charges to be invoiced to the Board:
Affidavit of Non-Collusion
I, the undersigned, am the person responsible for the preparation of and cost contained in this response submitted to the Board of Education, County of Wood:
Cost data has been arrived at independently and without consultation with other parties.
No information regarding this response content has been disclosed to any other party that may be or may potentially be responding to the following Request for Proposal with a response.
No attempt has been made to induce or to discourage any other party in responding to this Request for Proposal or to influence the content of their response.
This response and subsequent proposals submitted by my firm is made in good faith and not pursuant to any discussions/agreement with any other party.
My firm and its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation or been convicted for any act prohibited by federal law involving conspiracy or collusion with respect to bidding on government/public Requests for Proposals.
July 31, Aug 7