HomeMy WebLinkAbout2025-05-13 - AGENDA REPORTS - RENEWABLE DIESEL FUEL AGMTAgenda Item• 21
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL: Li
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DATE: May 13, 2025
SUBJECT: AGREEMENT FOR THE PURCHASE AND DELIVERY OF
RENEWABLE DIESEL FUEL
DEPARTMENT: Economic Development
PRESENTER: Adrian Aguilar
RECOMMENDED ACTION
City Council:
Approve the use of a cooperative agreement through Sourcewell contract #121-522-TAC
through February 10, 2027, for the purchase and delivery of renewable green diesel fuel from
TACenergy, LLC, for a total contract amount not to exceed $350,000.
2. Authorize the City Manager or designee to execute a one-year extension, contingent upon
renewal of contract #121-522-TAC by Sourcewell, in an amount not -to -exceed $225,000.
Authorize the City Manager or designee to execute all contracts and associated documents, or
modify the award in the event issues of impossibility of performance arise, subject to City
Attorney approval.
BACKGROUND
The City of Santa Clarita (City) is in the process of converting its bus fleet to zero -emission
vehicles as the remaining diesel -powered buses reach the end of their useful life. Santa Clarita
Transit currently has six diesel buses remaining in the fleet. As the remaining diesel -powered
vehicles are retired, the use of diesel fuel will decline, but will not be completely eliminated.
There is also a diesel -powered emergency generator installed at the Transit Maintenance Facility
that allows the City to continue critical operations during emergencies. With the remaining
diesel -powered buses and the diesel -powered generator, it is necessary for the City to maintain a
diesel fuel supply. In order to comply with state regulations and reduce vehicle emissions, the
City must continue to purchase renewable green diesel.
After conducting extensive research to find the most competitive pricing and the highest quality
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options, staff has determined the most efficient method to purchase renewable green diesel fuel
is through cooperative procurements or "piggybacking." The use of "piggyback" purchasing
allows the City to place orders against a competitively awarded public agency contract. The City
is using the cooperative purchasing agreement with Sourcewell for TACenergy, LLC. This
contract, which was awarded on February 9, 2023, was solicited through a competitive request
for proposal process and is valid through February 10, 2027, with the option to extend the
agreement for one additional year. A copy of the executed cooperative agreement between
Sourcewell and TACenergy, LLC is available in the City Clerk's Reading File.
Renewable diesel fuel pricing is based on market rates reported by the Oil Price Information
Service (OPIS). As noted in the attached Product Sale/Purchase Agreement, the OPIS rate will
be based on the renewable diesel fuel daily gross contract average in Los Angeles, California,
minus $0.0275 per gallon. Transit staff has performed a fuel use and cost analysis and
determined this is the most cost-effective and efficient method for the City to procure renewable
diesel based on the projected fuel use.
ALTERNATIVE ACTION
Other action as determined by the City Council.
FISCAL IMPACT
Funds for the initial contract in Fiscal Year 2025-26 and Fiscal Year 2026-27, and the contract
extension from July 1, 2027, to February 10, 2028, will be available in Transit Fund (Fund 700)
operating budgets, Transit Vehicle Fuel expenditure account 7003700-511102, contingent upon
the appropriations of funds by the City Council in the annual budget for such fiscal year.
ATTACHMENTS
Sourcewell RFP 9121522 for Fuel Delivery with Related Services
TACenergy - Product Sale/Purchase Agreement 2025
Sourcewell Contract #121522-TAC with TACenergy, LLC (available in the City Clerk's Reading
File)
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Sourcewell
RFP #121522
REQUEST FOR PROPOSALS
for
Fuel Delivery with Related Services
Proposal Due Date: December 15, 2022, 4:30 p.m., Central Time
Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting
proposals for Fuel Delivery with Related Services to result in a contracting solution for use by its
Participating Entities. Sourcewell Participating Entities include thousands of governmental,
higher education, K-12 education, nonprofit, tribal government, and other public agencies
located in the United States and Canada. A full copy of the Request for Proposals can be found
on the Sourcewell Procurement Portal[https://proportal.sourcewell-mn.gov]. Only proposals
submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no
later than December 15, 2022, at 4:30 p.m. Central Time, and late proposals will not be
considered.
SOLICITATION SCHEDULE
Public Notice of RFP Published:
Pre -proposal Conference:
Question Submission Deadline
Proposal Due Date:
Opening:
Rev. 3/2022
October 27, 2022
November 17, 2022, 10:00 a.m., Central Time
December 7, 2022, 4:30 p.m., Central Time
December 15, 2022, 4:30 p.m., Central Time
Late responses will not be considered.
December 15, 2022, 6:30 p.m., Central Time
See RFP Section V.G. "Opening"
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I. ABOUT SOURCEWELL
A. SOURCEWELL
Sourcewell is a State of Minnesota local government unit and service cooperative created
under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates
a competitive public solicitation and contract award process for the benefit of its 50,000+
participating entities across the United States and Canada. Sourcewell's solicitation process
complies with State of Minnesota law and policies, conforms to Canadian trade agreements
(including Canadian Free Trade Agreement, Ontario -Quebec Trade and Cooperation
Agreement, and Canada -European Union Comprehensive Economic and Trade Agreement, as
applicable), and results in cooperative purchasing solutions from which Sourcewell's
Participating Entities procure equipment, products, and services.
Cooperative purchasing provides participating entities and suppliers increased administrative
efficiencies and the power of combined purchasing volume that result in overall cost savings. At
times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing
volume of their membership into a single solicitation and contract expanding the reach of
contracted suppliers' potential pool of end users.
Sourcewell uses a website-based platform, the Sourcewell Procurement Portal, through which
all proposals to this RFP must be submitted.
B. USE OF RESULTING CONTRACTS
In the United States, Sourcewell's contracts are available for use by:
• Federal and state government entities',
• Cities, towns, and counties/parishes;
• Education service cooperatives;
• K-12 and higher education entities;
• Tribal government entities;
• Some nonprofit entities; and
• Other public entities.
In Canada, Sourcewell's contracts are available for use by:
• Provincial and territorial government departments, ministries, agencies, boards,
councils, committees, commissions, and similar agencies;
• Indigenous self-governing bodies;
• Regional, local, district, and other forms of municipal government, municipal
organizations, school boards, and publicly funded academic, health, and social service
1 Pursuant to HAIR §3-128-2, the State of Hawaii, Department of Accounting and General Services, State Procurement Office, on behalf of the
State of Hawaii and participating jurisdictions, has provided notice of its Intent to Participate in the solicitation as a participating entity.
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entities referred to as MASH sector (this should be construed to include but not be
limited to the Cities of Calgary, Edmonton, Toronto, Ottawa, and Winnipeg), as well as
any corporation or entity owned or controlled by one or more of the preceding entities;
and,
• Crown corporations, government enterprises, and other entities that are owned or
controlled by these entities through ownership interest.
For a listing of current United States and Canadian Participating Entities visit Sourcewell's
website (note: there is a tab for each country): https://www.sourcewell-mn.gov/sourcewell-for-
vendors/agency-locator.
Participating Entities typically access contracted equipment, products, or services through a
purchase order issued directly to the contracted supplier. A Participating Entity may request
additional terms or conditions related to a purchase. Use of Sourcewell contracts is voluntary
and Participating Entities retain the right to obtain similar equipment, products, or services
from other sources.
To meet Participating Entities' needs, Sourcewell broadly publishes public notice of all
solicitation opportunities, including this RFP. In addition, where applicable, other purchasing
cooperatives and procurement officials receive notice and are encouraged to re -post the
solicitation opportunity.
Proof of publication will be available at the conclusion of the solicitation process.
II. SOLICITATION DETAILS
A. SOLUTIONS -BASED SOLICITATION
This RFP and contract award process is a solutions -based solicitation; meaning that Sourcewell
is seeking equipment, products, or services that meet the general requirements of the scope of
this RFP and that are commonly desired or are required by law or industry standards.
B. REQUESTED EQUIPMENT, PRODUCTS, OR SERVICES
It is expected that proposers will offer a wide array of equipment, products, or services at lower
prices and with better value than what they would ordinarily offer to a single government
entity, a school district, or a regional cooperative.
Sourcewell is seeking proposals for Fuel Delivery with Related Services, including:
a. Supply and delivery of all formulations, grades, and blends of vehicle, equipment,
aviation, and heating fuels, fluids, gases, gasolines, additives, and hybrid or alternative
fuels; and,
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b. Support services directly related to delivery of the fuels, fluids, gases, gasolines,
additives, and hybrid or alternative fuels, described in 1. a. above, such as, fuel or
inventory monitoring, mobile fueling, management and logistics, data management, and
fleet sanitizing.
Proposers may include related equipment, accessories, and services to the extent that these
solutions are ancillary or complementary to the equipment, products, or services being
proposed.
2. The primary focus of this solicitation is on Fuel Delivery with Related Services. This
solicitation should NOT be construed to include services -only or technology -only solutions.
3. This solicitation does not include those equipment, products, or services covered under
categories included in pending or planned Sourcewell solicitations, or in contracts currently
maintained by Sourcewell, identified below:
a. Aboveground Fuel and Fluid Storage with Related Hardware, Software, and Services
(RFP #092920);
b. Fleet Management Technologies with Related Software Solutions (RFP #020221);
c. Electric Vehicle Supply Equipment and Related Services (RFP #042221); and,
d. Fleet Management Services (RFP #030122).
Generally, the solutions for Participating Entities are turn -key solutions, providing a
combination of equipment, products and services, and delivery. However, products -only
solutions may be appropriate for situations where Participating Entities possess the ability,
either in-house or through local third -party contractors, to self -perform the related services
Sourcewell prefers suppliers that provide a sole source of responsibility for the equipment,
products, and services provided under a resulting contract. If proposer is including the
equipment, products, and services of its subsidiary entities, the proposer must also identify all
included subsidiaries in its proposal. If proposer requires the use of distributors, dealers,
resellers, or subcontractors to provide the equipment, products, or services, the proposal must
address how the equipment, products or services will be provided to Participating Entities, and
describe the network of distributors, dealers, resellers, and/or subcontractors that will be
available to serve Participating Entities under a resulting contract.
Sourcewell encourages suppliers to offer the broadest possible selection of equipment,
products, and services being proposed over the largest possible geographic area and to the
largest possible cross-section of Sourcewell current and future Participating Entities.
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C. REQUIREMENTS
It is expected that proposers have knowledge of all applicable industry standards, laws, and
regulations and possess an ability to market and distribute the equipment, products, or services
to Participating Entities.
1. Safety Requirements. All items proposed must comply with current applicable safety or
regulatory standards or codes.
2. Deviation from Industry Standard. Deviations from industry standards must be
identified with an explanation of how the equipment, products, and services will provide
equivalent function, coverage, performance, and/or related services.
3. New Equipment and Products. Proposed equipment and products must be for new,
current model; however, proposer may offer certain close-out equipment or products if
it is specifically noted in the Pricing proposal.
4. Delivered and operational. Unless clearly noted in the proposal, equipment and
products must be delivered to the Participating Entity as operational.
5. Warranty. All equipment, products, supplies, and services must be covered by a
warranty that is the industry standard or better.
D. ANTICIPATED CONTRACT TERM
Sourcewell anticipates that the term of any resulting contract(s) will be four years, with an
optional one-year extension that may be offered based on the best interests of Sourcewell and
its Participating Entities.
E. ESTIMATED CONTRACT VALUE AND USAGE
Based on past volume of similar contracts, the estimated annual value of all transactions from
contracts resulting from this RFP are anticipated to be USD $40 Million; therefore, proposers
are expected to propose volume pricing. Sourcewell anticipates considerable activity under the
contract(s) awarded from this RFP; however, sales and sales volume from any resulting contract
are not guaranteed.
F. MARKETING PLAN
Proposer's sales force will be the primary source of communication with Participating Entities.
The proposer's Marketing Plan should demonstrate proposer's ability to deploy a sales force or
dealer network to Participating Entities, as well as proposer's sales and service capabilities. It is
expected that proposer will promote and market any contract award.
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1. Contracts will be awarded to proposers able to best meet the need of Participating
Entities. Proposers should submit their complete line of equipment, products, or
services that are applicable to the scope of this RFP.
2. A proposer may submit only one proposal. If related, affiliated, or subsidiary entities
elect to submit separate proposals, rather than a single parent -entity proposal, each
such proposal must be prepared independently and without cooperation, collaboration,
or collusion.
3. If a proposer works with a consultant on its proposal, the consultant (an individual or
company) may not assist any other entity with a proposal for this solicitation.
4. Proposers should include all relevant information in its proposal, since Sourcewell
cannot consider information that is not included in the proposal. Sourcewell reserves
the right to verify proposer's information and may request clarification from a proposer,
including samples of the proposed equipment or products.
5. Depending upon the responses received in a given category, Sourcewell may need to
organize responses into subcategories in order to provide the broadest coverage of the
requested equipment, products, or services to Participating Entities. Awards may be
based on a subcategory.
6. A proposer's documented negative past performance with Sourcewell or its
Participating Entities occurring under a previously awarded Sourcewell contract may be
considered in the evaluation of a proposal.
III. PRICING
A. REQUIREMENTS
All proposed pricing must be:
1. Quoted Adjustment from Index or Benchmark Pricing, Line -Item Pricing, or Percentage
Discount from Catalog Pricing, or a combination of these:
a. Quoted Adjustment from Index or Benchmark Pricing is pricing based on a discount
or increase (♦ / — ) adjustment to a stated index or benchmark.
b. Line -item Pricing is pricing based on each individual product or services. Each line must
indicate the proposer's published "List Price," as well as the "Contract Price."
c. Percentage Discount from Catalog or Category is based on a percentage discount from
a catalog or list price, defined as a published Manufacturer's Suggested Retail Price
(MSRP) for the products or services. Individualized percentage discounts can be
applied to any number of defined product groupings. Proposers will be responsible
for providing and maintaining current published MSRP with Sourcewell, and this
pricing must be included in its proposal and provided throughout the term of any
contract resulting from this RFP.
2. The proposer's not to exceed price. A not to exceed price is the highest price for which
equipment, products, or services may be billed to a Participating Entity. However, it is
permissible for suppliers to sell at a price that is lower than the contracted price.
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3. Stated in U.S. and Canadian dollars (as applicable).
4. Clearly understandable, complete, and fully describe the total cost of acquisition (e.g., the
cost of the proposed equipment, products, and services delivered and operational for its
intended purpose in the Participating Entity's location).
Proposers should clearly identify any costs that are NOT included in the proposed product or
service pricing. This may include items such as freight, loading or unloading, monitoring,
surcharges, fees, installation, set up, mandatory training, or initial inspection. Include
identification of any parties that impose such costs and their relationship to the proposer.
Additionally, proposers should clearly describe any unique distribution and/or delivery methods
or options offered in the proposal.
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Proposers awarded a contract are expected to pay to Sourcewell an administrative fee in
exchange for Sourcewell facilitating the resulting contracts. The administrative fee is calculated
on total sales to Participating Entities for all contracted equipment, products, or services made
during a calendar quarter, and may be expressed as a percentage, per -unit, or flat fee in
alignment with industry standards and practices.
IV. CONTRACT
Proposers awarded a contract will be required to execute a contract with Sourcewell (see
attached template). Only those modifications the proposer indicates in its proposal will be
available for discussion. Much of the language in the Contract reflects Minnesota legal
requirements and cannot be altered. Numerous and/or onerous exceptions that contradict
Minnesota law may result in the proposal being disqualified from further review and
evaluation.
To request a modification to the template Contract, a proposer must submit the Exceptions to
Terms, Conditions, or Specifications table with its proposal. Only those exceptions noted at the
time of the proposal submission will be considered.
Exceptions must:
1. Clearly identify the affected article and section.
2. Clearly note the requested modification; and as applicable, provide requested
alternative language.
Unclear requests will be automatically denied.
Only those exceptions that have been accepted by Sourcewell will be included in the contract
document provided to the awarded supplier for signature.
If a proposer receives a contract award resulting from this solicitation it will have up to 30 days
to sign and return the contract. After that time, at Sourcewell's sole discretion, the contract
award may be revoked.
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V. RFP PROCESS
A. PRE -PROPOSAL CONFERENCE
Sourcewell will hold an optional, non -mandatory pre -proposal conference via webcast on the
date and time noted in the Solicitation Schedule for this RFP and on the Sourcewell
Procurement Portal. The purpose of this conference is to allow potential proposers to ask
questions regarding this RFP and Sourcewell's competitive contracting process. Information
about the webcast will be sent to all entities that have registered for this solicitation
opportunity through their Sourcewell Procurement Portal Vendor Account. Pre -proposal
conference attendance is optional.
B. QUESTIONS REGARDING THIS RFP AND ORAL COMMUNICATION
All questions regarding this RFP must be submitted through the Sourcewell Procurement Portal
The deadline for submission of questions is found in the Solicitation Schedule and on the
Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to
this RFP. Repetitive questions will be summarized into a single answer and identifying
information will be removed from the submitted questions.
All questions, whether specific to a proposer or generally related to the RFP, must be submitted
using this process. Do not contact individual Sourcewell staff to ask questions or request
information as this may disqualify the proposer from responding to this RFP. Sourcewell will not
respond to questions submitted after the deadline.
C. ADDENDA
Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an
addendum. Addenda issued by Sourcewell become a part of the RFP and will be delivered to
potential proposers through the Sourcewell Procurement Portal. Sourcewell accepts no liability
in connection with the delivery of any addenda.
Before a proposal will be accepted through the Sourcewell Procurement Portal, all addenda, if
any, must be acknowledged by the proposer by checking the box for each addendum. It is the
responsibility of the proposer to check for any addenda that may have been issued up to the
solicitation due date and time.
If an addendum is issued after a proposer submitted its proposal, the Sourcewell Procurement
Portal will WITHDRAW the submission and change the proposer's proposal status to
INCOMPLETE. The proposer can view this status change in the "MY BIDS" section of the
Sourcewell Procurement Portal Vendor Account. The proposer is solely responsible to check the
"MY BIDS" section of the Sourcewell Procurement Portal Vendor Account periodically after
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submitting its proposal (and up to the Proposal Due Date). If the proposer's proposal status has
changed to INCOMPLETE, the proposer is solely responsible to:
i) make any required adjustments to its proposal;
ii) acknowledge the addenda; and
iii) ensure the re -submitted proposal is received through the Sourcewell Procurement Portal
no later than the Proposal Due Date and time shown in the Solicitation Schedule above.
D. PROPOSAL SUBMISSION
Proposer's complete proposal must be submitted through the Sourcewell Procurement Portal
no later than the date and time specified in the Solicitation Schedule. Any other form of
proposal submission, whether electronic, paper, or otherwise, will not be considered by
Sourcewell. Late proposals will not be considered. It is the proposer's sole responsibility to
ensure that the proposal is received on time.
It is recommended that proposers allow sufficient time to upload the proposal and to resolve
any issues that may arise. The time and date that a proposal is received by Sourcewell is solely
determined by the Sourcewell Procurement Portal web clock.
In the event of problems with the Sourcewell Procurement Portal, follow the instructions for
technical support posted in the portal. It may take up to 24 hours to respond to certain issues
Upon successful submission of a proposal, the Sourcewell Procurement Portal will automatically
generate a confirmation email to the proposer. If the proposer does not receive a confirmation
email, contact Sourcewell's support provider at support(@bidsandtenders.ca.
To ensure receipt of the latest information and updates via email regarding this solicitation, or
if the proposer has obtained this solicitation document from a third party, the onus is on the
proposer to create a Sourcewell Procurement Portal Vendor Account and register for this
solicitation opportunity.
Within the Sourcewell Procurement Portal, all proposals must be digitally acknowledged by an
authorized representative of the proposer attesting that the information contained in in the
proposal is true and accurate. By submitting a proposal, proposer warrants that the information
provided is true, correct, and reliable for purposes of evaluation for potential contract award.
The submission of inaccurate, misleading, or false information is grounds for disqualification
from a contract award and may subject the proposer to remedies available by law.
E. GENERAL PROPOSAL REQUIREMENTS
Proposals must be:
• In substantial compliance with the requirements of this RFP or it will be considered
nonresponsive and be rejected.
• Complete. A proposal will be rejected if it is conditional or incomplete.
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• Submitted in English.
• Valid and irrevocable for 90 days following the Proposal Due Date.
Any and all costs incurred in responding to this RFP will be borne by the proposer.
F. PROPOSAL WITHDRAWAL
Prior to the proposal deadline, a proposer may withdraw its proposal.
G. OPENING
The Opening of proposals will be conducted electronically through the Sourcewell Procurement
Portal. A list of all proposers will be made publicly available in the Sourcewell Procurement
Portal after the Proposal Due Date, but no later than the Opening time listed in the Solicitation
Schedule.
To view the list of proposers, verify that the Sourcewell Procurement Portal opportunities list
search is set to "All" or "Closed." The solicitation status will automatically change to "Closed"
after the Proposal Due Date and Time.
VI. EVALUATION AND AWARD
A. EVALUATION
It is the intent of Sourcewell to award one or more contracts to responsive and responsible
proposers offering the best overall quality, selection of equipment, products, and services, and
price that meet the commonly requested specifications of Sourcewell and its Participating
Entities. The award(s) will be limited to the number of proposers that Sourcewell determines is
necessary to meet the needs of its Participating Entities.
Factors to be considered in determining the number of contracts to be awarded in any category
may include the following:
• Total evaluation scores (giving consideration to natural breaks in the scoring of
responsive proposals);
• The number and geographic location of highest -scoring proposers that offer:
o A comprehensive selection of the requested equipment, products, or services;
o A sales and service network ensuring availability and coverage for Participating
Entities' use; and
o Other attributes of the proposer or contents of its proposal that assist Participating
Entities in achieving environmental and social requirements, and goals.
Information submitted as part of a proposal should be as specific as possible when responding
to the RFP. Do not assume Sourcewell has any knowledge about a specific supplier or product.
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B. AWARD(S)
Award(s) will be made to the highest -scoring proposer(s) whose proposal conforms to all
conditions and requirements of the RFP, and consistent with the award criteria defined in this
RFP.
Sourcewell may request written clarification of a proposal at any time during the evaluation
process.
Proposal evaluation will be based on the following scoring criteria and the Sourcewell Evaluator
Scoring Guide (a copy is available in the Sourcewell Procurement Portal):
Conformance to RFP Requirements 50
Financial Viability and Marketplace Success 75
Ability to Sell and Deliver Service 100
Marketing Plan 50
Value Added Attributes 75
Warranty and Performance Standards or Guarantees 50
Depth and Breadth of Offered Equipment, Products, or Services 200
Pricing 400
TOTAL POINTS 1000
C. PROTESTS OF AWARDS
Any protest made under this RFP by a proposer must be in writing, addressed to Sourcewell's
Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O.
Box 219, Staples, MN 56479. All documents that comprise the complete protest package must
be received, and time stamped at the Sourcewell office by 4:30 p.m., Central Time, no later
than 10 calendar days following Sourcewell's notice of contract award(s) or non -award. and
must be time stamped by Sourcewell no later than 4:30 p.m., Central Time. A protest must
allege a procedural, technical, or legal defect, with supporting documentation. A protest that
merely requests a re-evaluation of a proposal's content will not be entertained
A protest must include the following items:
• The name, address, and telephone number of the protester;
• Identification of the solicitation by RFP number;
• A precise statement of the relevant facts;
• Identification of the alleged procedural, technical, or legal defect;
• Analysis of the basis for the protest;
• Any additional supporting documentation;
• The original signature of the protester or its representative; and
• Protest bond in the amount of $20,000 (except where prohibited by law or treaty).
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Protests that do not address these elements will not be reviewed.
D. RIGHTS RESERVED
This RFP does not commit Sourcewell to award any contract, and a proposal may be rejected if
it is nonresponsive, conditional, incomplete, conflicting, or misleading. Proposals that contain
false statements or do not support an attribute or condition stated by the proposer may be
rejected.
Sourcewell reserves the right to:
• Modify or cancel this RFP at any time;
• Reject any and all proposals received;
• Reject proposals that do not comply with the provisions of this RFP;
• Select, for contracts or for discussion, a proposal other than that with the lowest cost;
• Independently verify any information provided in a proposal;
• Disqualify any proposer that does not meet the requirements of this RFP, is debarred or
suspended by the United States or Canada, State of Minnesota, Participating Entity's
state or province; has an officer, or other key personnel, who have been charged with a
serious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are a
reasonable prospect;
• Waive or modify any informalities, irregularities, or inconsistencies in the proposals
received;
• Clarify any part of a proposal and discuss any aspect of the proposal with any proposer;
and negotiate with more than one proposer;
• Award a contract if only one responsive proposal is received if it is in the best interest of
Participating Entities; and
• Award a contract to one or more proposers if it is in the best interest of Participating
Entities.
E. DISPOSITION OF PROPOSALS
All materials submitted in response to this RFP will become property of Sourcewell and will
become public record in accordance with Minnesota Statutes Section 13.591, after negotiations
are complete. Sourcewell considers that negotiations are complete upon execution of a
resulting contract. It is the proposer's responsibility to clearly identify any data submitted that
it considers to be protected. Proposer must also include a justification for the classification
citing the applicable Minnesota law. Sourcewell may reject proposals that are marked
confidential or nonpublic, either substantially or in their entirety.
Sourcewell will not consider the prices submitted by the proposer to be confidential,
proprietary, or trade secret materials. Financial information, including financial statements,
provided by a proposer is not considered trade secret under the statutory definition.
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44'
Sourcewell
11/8/2022
Addendum No. 1
Solicitation Number: RFP 121522
Solicitation Name: Fuel Delivery with Related Services
Consider the following Question and Answer to be part of the above -titled solicitation
documents. The remainder of the documents remain unchanged.
Question 1:
It's difficult to work within the fields on the website. Is there a PDF document that can
be downloaded to fill out?
Answer 1:
After selecting "Start Submission", a proposer may navigate to Step 4 — "Preview Bid"
and select "Preview My Bid in PDF" if a downloadable PDF of the questionnaire tables is
desired. However, all proposals must be submitted through the Sourcewell
Procurement Portal. Guidance on preparing a response in the Portal can be found in the
"Submit Response Guide" located on the "Bids Homepage" in the Resource Materials
section.
End of Addendum
Acknowledgement of this Addendum to RFP 121522 posted to the Sourcewell
Procurement Portal on 11/8/2022, is required at the time of proposal submittal.
Packet Pg. 426
21.b
I FZ - A.-JE-04c. - energy,
100 Crescent Court, Suite 1600
Dallas, Texas 75201
800-375-3835
Product Sale/Purchase Agreement
Dated: April 16, 2025
BUYER: City of Santa Clarita, CA
SELLER: TACenergy, LLC
PRODUCT: Renewable Diesel (RD99)
DELIVERY PERIOD: 07/01/2025 through 02/10/2027 concurrent with the Sourcewell contract #121522-TAC
PRICE: Same Day Los Angeles, CA OPIS Contract (10AM) Average Gross with CAR minus $0.0275 per gallon. Price
differential is inclusive of fuel and freight.
The Price does not include, and Buyer is liable for and shall pay any and all taxes, charges or fees assessed by
governmental authorities applicable to the Product sold hereunder.
PLACE, METHOD OF DELIVERY & QUANTITY:
FOB Destination: 28283 Alta Vista Ave, Santa Clarita, CA 91355
Deliveries assume order quantities of at least 7,500 gallons per delivery
Estimated volume: 60,000 gallons annually
PAYMENT TERMS: Net 30 days from date of invoice via Buyer -initiated ACH payment.
OTHER: Agreement incorporates the terms and conditions of the Sourcewell cooperative purchasing contract
#121522-TAC.
All correspondence and inquiries should be directed to Seller at the listed address and phone numbers.
This Agreement is subject to the Seller's Terms and Conditions for Fuel Sales (Revised December 2022).
IN WITNESS WHEREOF, the parties have entered into this Agreement, effective as of the date first written above
BUYER: SELLER:
By: By:
Signature:
Signature:
Name:
Name:
Title:
Title:
DON'T JUST BUY FUEL
FUEL YOUR Fug
Packet Pg. 427
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121522-TAC
Sourcewell 41
Solicitation Number: RFP #121522
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN
56479 (Sourcewell) and TACenergy, LLC, dba TACenergy, 100 Crescent Court, Suite 1600, Dallas,
TX 75201 (Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created
under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers
cooperative procurement solutions to government entities. Participation is open to eligible
federal, state/province, and municipal governmental entities, higher education, K-12 education,
nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Fuel Delivery with Related Services from which
Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to
Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts
(Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires February 10, 2027, unless it is
cancelled sooner pursuant to Article 22. This Contract may be extended one additional year
upon the request of Sourcewell and written agreement by Supplier.
C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all
payment obligations incurred prior to expiration or termination will survive, as will the
following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All
other rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or
Services as stated in its Proposal submitted under the Solicitation Number listed above.
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Supplier's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated
into this Contract.
Unless agreed to by the Participating Entities in advance, Products must be delivered to the
Participating Entity's site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated,
sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free
from liens and encumbrances, and are free from defects. In addition, Supplier warrants the
Equipment, Products, and Services are suitable for and will perform in accordance with the
ordinary use for which they are intended. Supplier's dealers and distributors must agree to
assist the Participating Entity in reaching a resolution in any dispute over warranty terms with
the Supplier. Any warranty that extends beyond the expiration of the Supplier's warranty will
be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout
the Contract term, Supplier must provide to Sourcewell a current means to validate or
authenticate Supplier's authorized dealers, distributors, or resellers relative to the Equipment,
Products, and Services offered under this Contract, which will be incorporated into this
Contract by reference. It is the Supplier's responsibility to ensure Sourcewell receives the most
current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price
stated in Supplier's Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a
Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered
Equipment, Products, and Services, and includes all costs to the Participating Entity's requested
delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated
with any purchase option of the Equipment, Products, or Services must always be disclosed in
the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. In the event of the delivery of nonconforming Equipment
and Products, the Participating Entity will notify the Supplier as soon as possible and the
Supplier will replace nonconforming Equipment and Products with conforming Equipment and
Products.
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Supplier must arrange for and pay for the removal of Equipment and Products that arrive in a
non -conforming or defective condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally
delivers non -conforming, substandard, defective, or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax -
exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax-
exempt entity.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any
time. All requests must be made in writing by submitting a signed Sourcewell Price and Product
Change Request Form to the assigned Sourcewell Supplier Development Administrator. This
approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
• Identify the applicable Sourcewell contract number;
• Clearly specify the requested change;
• Provide sufficient detail to justify the requested change;
• Individually list all Equipment, Products, or Services affected by the requested change,
along with the requested change (e.g., addition, deletion, price change); and
• Include a complete restatement of pricing documentation in Microsoft Excel with the
effective date of the modified pricing, or product addition or deletion. The new pricing
restatement must include all Equipment, Products, and Services offered, even for those
items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will become an amendment
to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and
nonprofit entities across the United States and Canada; such as federal, state/province,
municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally
access the Equipment, Products, or Services under this Contract. A Participating Entity's
authority to access this Contract is determined through its cooperative purchasing, interlocal,
or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service
Member of Sourcewell during such time of access. Supplier understands that a Participating
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Entity's use of this Contract is at the Participating Entity's sole convenience and Participating
Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use
eligibility requirements and documentation and will encourage potential participating entities
to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its
roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier's employees may be required to perform work at government -
owned facilities, including schools. Supplier's employees and agents must conduct themselves
in a professional manner while on the premises, and in accordance with Participating Entity
policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under
this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this
Contract; however, order flow and procedure will be developed jointly between Sourcewell and
Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized
subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it
may use its own forms, but the purchase order should clearly note the applicable Sourcewell
contract number. All Participating Entity orders under this Contract must be issued prior to
expiration or cancellation of this Contract; however, Supplier performance, Participating Entity
payment obligations, and any applicable warranty periods or other Supplier or Participating
Entity obligations may extend beyond the term of this Contract.
Supplier's acceptable forms of payment are included in its attached Proposal. Participating
Entities will be solely responsible for payment and Sourcewell will have no liability for any
unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and
conditions to a purchase order, or other required transaction documentation, may be
negotiated between a Participating Entity and Supplier, such as job or industry -specific
requirements, legal requirements (e.g., affirmative action or immigration status requirements),
or specific local policy requirements. Some Participating Entities may require the use of a
Participating Addendum, the terms of which will be negotiated directly between the
Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as
applicable. Any negotiated additional terms and conditions must never be less favorable to the
Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires
service or specialized performance requirements not addressed in this Contract (such as e-
commerce specifications, specialized delivery requirements, or other specifications and
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requirements), the Participating Entity and the Supplier may enter into a separate, standalone
agreement, apart from this Contract. Sourcewell, including its agents and employees, will not
be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or
in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body
at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the
Participating Entity's requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a
Participating Entity's order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to
Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is
changed. The Account Representative will be responsible for:
• Maintenance and management of this Contract;
• Timely response to all Sourcewell and Participating Entity inquiries; and
• Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with
Sourcewell per contract year. The business review will cover sales to Participating Entities,
pricing and contract terms, administrative fees, sales data reports, performance issues, supply
issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a
contract sales activity report (Report) to the Sourcewell Supplier Development Administrator
assigned to this Contract. Reports are due no later than 45 days after the end of each calendar
quarter. A Report must be provided regardless of the number or amount of sales during that
quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were
made).
The Report must contain the following fields:
• Participating Entity Name (e.g., City of Staples Highway Department);
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• Participating Entity Physical Street Address;
• Participating Entity City;
• Participating Entity State/Province;
• Participating Entity Zip/Postal Code;
• Participating Entity Contact Name;
• Participating Entity Contact Email Address;
• Participating Entity Contact Telephone Number;
• Sourcewell Assigned Entity/Participating Entity Number;
• Item Purchased Description;
• Item Purchased Price;
• Sourcewell Administrative Fee Applied; and
• Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell,
the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and
Services provided to Participating Entities. The Administrative Fee must be included in, and not
added to, the pricing. Supplier may not charge Participating Entities more than the contracted
price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the administrative fee calculated as stated
in the Proposal on the total sales of all Equipment, Products, and Services purchased by
Participating Entities under this Contract during each calendar quarter. Payments should note
the Supplier's name and Sourcewell-assigned contract number in the memo; and must be
mailed to the address above "Attn: Accounts Receivable" or remitted electronically to
Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments
must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to
ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell
reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in
any subsequent solicitation. In the event this Contract is cancelled by either party prior to the
Contract's expiration date, the administrative fee payment will be due no more than 30 days
from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
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Supplier's Authorized Representative is the person named in the Supplier's Proposal. If
Supplier's Authorized Representative changes at any time during this Contract, Supplier must
promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records,
documents, and accounting procedures and practices relevant to this Contract are subject to
examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the
end of this Contract. This clause extends to Participating Entities as it relates to business
conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under
this Contract without the prior written consent of the other party and a fully executed
assignment agreement. Such consent will not be unreasonably withheld. Any prohibited
assignment will be invalid.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective
until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract will
not be deemed a waiver of such right in the event of the continuation or repetition of the
circumstances giving rise to such right. Any such waiver must be in writing and signed by the
parties.
E. CONTRACT COMPLETE. This Contract represents the complete agreement between the
parties. No other understanding regarding this Contract, whether written or oral, may be used
to bind either party. For any conflict between the attached Proposal and the terms set out in
Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent
contractors, each free to exercise judgment and discretion with regard to the conduct of their
respective businesses. This Contract does not create a partnership, joint venture, or any other
relationship such as master -servant, or principal -agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities,
including their agents and employees, harmless from any claims or causes of action, including
attorneys' fees incurred by Sourcewell or its Participating Entities, arising out of any act or
omission in the performance of this Contract by the Supplier or its agents or employees; this
indemnification includes injury or death to person(s) or property alleged to have been caused
by some defect in the Equipment, Products, or Services under this Contract to the extent the
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Equipment, Product, or Service has been used according to its specifications. Sourcewell's
responsibility will be governed by the State of Minnesota's Tort Liability Act (Minnesota
Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell
under this Contract and as it applies to all data created, collected, received, maintained, or
disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty -free, worldwide, non-exclusive right and
license to use the trademark(s) provided to Supplier by Sourcewell in advertising and
promotional materials for the purpose of marketing Sourcewell's relationship with
Supplier.
b. Supplier grants to Sourcewell a royalty -free, worldwide, non-exclusive right and
license to use Supplier's trademarks in advertising and promotional materials for the
purpose of marketing Supplier's relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right
of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,
resellers, marketing representatives, and agents (collectively "Permitted Sublicensees") in
advertising and promotional materials for the purpose of marketing the Parties' relationship
to Participating Entities. Any sublicense granted will be subject to the terms and conditions
of this Article. Each party will be responsible for any breach of this Article by any of their
respective sublicensees.
3. Use; Quality Control.
a. Neither party may alter the other party's trademarks from the form provided
and must comply with removal requests as to specific uses of its trademarks or
logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the
other party's trademarks only in good faith and in a dignified manner consistent with
such party's use of the trademarks. Upon written notice to the breaching party, the
breaching party has 30 days of the date of the written notice to cure the breach or
the license will be terminated.
4. Termination. Upon the termination of this Contract for any reason, each party, including
Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites,
and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed
catalog of suppliers which may be used until the next printing). Supplier must return all
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marketing and promotional materials, including signage, provided by Sourcewell, or dispose
of it according to Sourcewell's written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released
without prior written approval from the Authorized Representatives. Publicity includes notices,
informational pamphlets, press releases, research, reports, signs, and similar public notices
prepared by or for the Supplier individually or jointly with others, or any subcontractors, with
respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be
approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development
Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment,
Products, or Services.
14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue
for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate
state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God
or other conditions that are beyond that party's reasonable control. A party defaulting under
this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal,
unenforceable, or void then both parties will be relieved from all obligations arising from that
provision. If the remainder of this Contract is capable of being performed, it will not be affected
by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and
address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and
work in good faith to resolve such dispute within a reasonable period of time. If necessary,
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Sourcewell and the Supplier will jointly develop a short briefing document that describes
the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified
above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher
level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the
Supplier must continue without delay to carry out all of its responsibilities under the
Contract that are not affected by the dispute. If the Supplier fails to continue without delay
to perform its responsibilities under the Contract, in the accomplishment of all undisputed
work, the Supplier will bear any additional costs incurred by Sourcewell and/or its
Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract,
or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
The party claiming default must provide written notice of the default, with 30 calendar days to
cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated
or other damages. If the default remains after the opportunity for cure, the non -defaulting
party may:
• Exercise any remedy provided by law or equity, or
• Terminate the Contract or any portion thereof, including any orders issued against the
Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect
at all times during the performance of this Contract with insurance company(ies) licensed or
authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better,
with coverage and limits of insurance not less than the following:
1. Workers' Compensation and Employer's Liability.
Workers' Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
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2. Commercial General Liability Insurance. Supplier will maintain insurance covering its
operations, with coverage on an occurrence basis, and must be subject to terms no less
broad than the Insurance Services Office ("ISO") Commercial General Liability Form
CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include
liability arising from premises, operations, bodily injury and property damage,
independent contractors, products -completed operations including construction defect,
contractual liability, blanket contractual liability, and personal injury and advertising
injury. All required limits, terms and conditions of coverage must be maintained during
the term of this Contract.
OW11'7,"11, 41"8M
$1,000,000 each occurrence Bodily Injury and Property Damage
$1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for products liability -completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract,
Supplier will maintain insurance covering all owned, hired, and non -owned automobiles
in limits of liability not less than indicated below. The coverage must be subject to terms
no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer),
or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Transportation Pollution Liability Insurance. During the term of this Contract,
Supplier will maintain transportation pollution liability insurance, with coverage for
loading and unloading, and endorsement of form MCS-90.
Minimum Limits:
$1,000,000
5. Umbrella Insurance. During the term of this Contract, Supplier will maintain
umbrella coverage over Employer's Liability, Commercial General Liability, and
Commercial Automobile.
Minimum Limits:
$2,000,000
6. Network Security and Privacy Liability Insurance. During the term of this Contract,
Supplier will maintain coverage for network security and privacy liability. The coverage
may be endorsed on another form of liability coverage or written on a standalone
policy. The insurance must cover claims which may arise from failure of Supplier's
security resulting in, but not limited to, computer attacks, unauthorized access,
disclosure of not public data — including but not limited to, confidential or private
information, transmission of a computer virus, or denial of service.
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Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling
Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must
furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this
Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to
Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the
Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must
be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide
certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in
this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY
INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including
their officers, agents, and employees, as an additional insured under the Supplier's commercial
general liability insurance policy with respect to liability arising out of activities, "operations," or
"work" performed by or on behalf of Supplier, and products and completed operations of
Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is
primary and not excess over or contributory with any other valid, applicable, and collectible
insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or
otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional
insureds for losses paid under the insurance policies required by this Contract or other
insurance applicable to the Supplier or its subcontractors. The waiver must apply to all
deductibles and/or self -insured retentions applicable to the required or any other insurance
maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must
require similar written express waivers of subrogation and insurance clauses from each of its
subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this
Contract can be met by either providing a primary policy or in combination with
umbrella/excess liability policy(ies), or self -insured retention.
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19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this
Contract must comply fully with applicable federal laws and regulations, and with the laws in
the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal,
state/provincial, and local licenses, bonds, and permits required for the operation of the
business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in
writing certain information to Sourcewell related to bankruptcy actions. If at any time during
this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in
writing.
Supplier certifies and warrants that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs
operated by the State of Minnesota; the United States federal government or the Canadian
government, as applicable; or any Participating Entity. Supplier certifies and warrants that
neither it nor its principals have been convicted of a criminal offense related to the subject
matter of this Contract. Supplier further warrants that it will provide immediate written notice
to Sourcewell if this certification changes at any time.
21. PROVISIONS FOR NON -UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or
services from this Contract may be subject to additional requirements including the
procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional
requirements based on specific funding source terms or conditions. Within this Article, all
references to "federal" should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier's Equipment,
Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319,
12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," and implementing
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regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated
herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal
program legislation, all prime construction contracts in excess of $2,000 awarded by non-
federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. §
3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5,
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction"). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The non-federal entity must report all suspected or reported violations to
the federal awarding agency. The contracts must also include a provision for compliance with
the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor
regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-federal entity must report
all suspected or reported violations to the federal awarding agency. Supplier must be in
compliance with all applicable Davis -Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where
applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve
the employment of mechanics or laborers must include a provision for compliance with 40
U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess
of the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These requirements
do not apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence. This provision is
hereby incorporated by reference into this Contract. Supplier certifies that during the term of
an award for all contracts by Sourcewell resulting from this procurement process, Supplier must
comply with applicable requirements as referenced above.
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D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT. If the federal award
meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that "funding agreement," the recipient or subrecipient
must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency. Supplier
certifies that during the term of an award for all contracts by Sourcewell resulting from this
procurement process, Supplier must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL
ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require
the non-federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Supplier certifies that during the term of this Contract will comply with applicable requirements
as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award
(see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions
in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R.
§180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3
C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier
certifies that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation by any federal
department or agency.
G. BYRD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file
any required certifications. Suppliers must not have used federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member
of Congress in connection with obtaining any federal contract, grant, or any other award
covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that
takes place in connection with obtaining any federal award. Such disclosures are forwarded
from tier to tier up to the non-federal award. Suppliers must file all certifications and
disclosures required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31
U.S.C. § 1352).
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H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with
the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies
that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after
grantees or subgrantees submit final expenditure reports or quarterly or annual financial
reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier
must comply with the mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply
with all applicable provisions of the Buy American Act. Purchases made in accordance with the
Buy American Act must follow the applicable procurement rules calling for free and open
competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized
representatives of a federal agency must have access to any books, documents, papers and
records of Supplier that are directly pertinent to Supplier's discharge of its obligations under
this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The
right also includes timely and reasonable access to Supplier's personnel for the purpose of
interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is
a state agency or agency of a political subdivision of a state and its contractors must comply
with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the
value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or
reproductions of flags or likenesses of Federal agency officials without specific pre -approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to
this Contract or any purchase by a Participating Entity and is not subject to any obligations or
liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter
resulting from the Contract or any purchase by an authorized user.
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O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The
Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and
Statements) applies to the Supplier's actions pertaining to this Contract or any purchase by a
Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non -delinquent in its repayment of any
federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit
disallowance, and benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services,
Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to
the anticipated work under this Contract raises an actual or potential conflict of interest (as
described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in
writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and
Participating Entity are able to assess the actual or potential conflict; and provide any additional
information as necessary or requested.
R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.
Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources
and support to individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it
will comply with applicable requirements of 2 C.F.R. § 200.216.
T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies
that during the term of this Contract will comply with applicable requirements of 2 C.F.R. §
200.322.
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at anytime, with or without cause, upon 60
days' written notice to the other party. However, Sourcewell may cancel this Contract
immediately upon discovery of a material defect in any certification made in Supplier's
Proposal. Cancellation of this Contract does not relieve either party of financial, product, or
service obligations incurred or accrued prior to cancellation.
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Sourcewell
DocuSigned by:
y s(6��
By:
COFD2A139D06489...
Jeremy Schwartz
Title: Chief Procurement Officer
2/2/2023 1 8:32 AM CST
Date:
Approved:
DocuSigned bAIm'
y,
By: 7E42BSF817A64CC...
Chad Coauette
Title: Executive Director/CEO
2/9/2023 1 10:06 AM CST
Date:
TACenergy, LLC, dba TACenergy
EDocuSigned by:
4331341AWF4419pep Sbo-QN
By:.
Fred Sloan
Title: Chief Operating Officer
2/9/2023 1 7:18 AM PST
Date:
Rev. 3/2022 18
DocuSign Envelope ID: B9B82721-CC3B-4973-85A4-79C8232BOE83
RFP 121522 - Fuel Delivery with Related Services
Vendor Details
Company Name:
TACenergy, LLC
Does your company conduct
business under any other name? If
TACenergy
yes, please state:
100 Crescent Court Suite 1600
Address:
Dallas, Texas 75201
Contact:
Colby Hoffer
Email:
sales@tacenergy.com
Phone:
972-807-7903
HST#:
87-4665900
Submission Details
Created On:
Thursday October 27, 2022 09:52:19
Submitted On:
Thursday December 15, 2022 15:54:53
Submitted By:
Jonathan Wolfe
Email:
jwolfe@tacenergy.com
Transaction #:
4fdc6060-fc4e-4a35-b814-e9046adc9e03
Submitter's I Address:
72.24.2.100
Bid Number: RFP 121522 Vendor Name: TACenergy, LLC
DocuSign Envelope ID: B9B82721-CC3B-4973-85A4-79C8232BOE83
Specifications
Table 1: Proposer Identity & Authorized Representatives
General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach
additional documents to your response without also providing a substantive response. Do not leave answers blank; respond "N/A" if the
question does not apply to you (preferably with an explanation).
Line
Item
Question
Response
1
Proposer Legal Name (one legal entity only):
TACenergy, LLC
(In the event of award, will execute the
resulting contract as "Supplier")
2
Identify all subsidiary entities of the Proposer
N/A
whose equipment, products, or services are
included in the Proposal and, if applicable,
supply the US DOT number of each such
subsidiary.
3
Identify all applicable assumed names or DBA
TACenergy
names of the Proposer or Proposer's
subsidiaries in Line 1 or Line 2 above.
4
Provide your CAGE code or Unique Entity
TACenergy CAGE code is 9APM5
Identifier (SAM):
5
Proposer Physical Address:
100 Crescent Court, Suite 1600
Dallas, TX 75201
6
Proposer website address (or addresses):
https://www.tacenergy.com/
7
Proposer's Authorized Representative (name,
Fred Sloan
title, address, email address & phone) (The
Chief Operating Officer
representative must have authority to sign
100 Crescent Court Suite 1600
the "Proposer's Assurance of Compliance" on
Dallas, TX 75201
behalf of the Proposer and, in the event of
fsloan@tacenergy.com
award, will be expected to execute the
972-807-7873
resulting contract):
8
Proposer's primary contact for this proposal
Colby Hoffer
(name, title, address, email address & phone):
Director of Operations
100 Crescent Court Suite 1600
Dallas, TX 75201
choffer@tacenergy.com
972-807-7903
9
Proposer's other contacts for this proposal, if
Jonathan Wolfe
any (name, title, address, email address &
Bid Manager
phone):
100 Crescent Court Suite 1600
Dallas, TX 75201
sales@tacenergy.com
972-807-7973
Bid Number: RFP 121522 Vendor Name: TACenergy, LLC
DocuSign Envelope ID: B9B82721-CC3B-4973-85A4-79C8232BOE83
Table 2: Company Information and Financial Strength
Line
Item
Question
Response
10
Provide a brief history of your company,
What started as a mindset of one man and a fuel truck serving the northeast corner
including your company's core values,
of the state of Texas and the area surrounding Texarkana, has seen decades of
business philosophy, and industry longevity
growth, resilient change and sustained redefining of the company. Historically known
related to the requested equipment, products
as Truman Arnold Companies, TACenergy started in 1964 as a Texarkana, Texas -
or services.
based Conoco Distributor. Founded on principles that stressed steady growth and a
passion for customer service, the result has been sustained growth and reinvention.
Almost 60 years later TACenergy has become one of the leading independent
wholesale energy suppliers providing the highest level of logistics, technology,
training and unsurpassed service in the United States. Headquartered in Dallas,
Texas and supported by its original offices in Texarkana and 12 strategically placed
sales offices across the lower 48 states TACenergy defines the industry expectation
of service, innovation and success under its current leadership of Greg Arnold, CEO
and Fred Sloan, COO.
Today, TACenergy continues to redefine not only the service levels that exceed
expectations across a complex and faceted sector of the energy business from up-
stream, mid -stream, transportation and storage to the downstream retail delivery
sector. No matter the industry served, TACenergy places its customers first and
strives to be the best service provider. Chief Executive Officer, Greg Arnold states
when sharing company philosophy, "Be the best. We don't need to be the biggest,
but let your passion for what you do, show in your level of service."
Working to supply and manage logistics for every industry or consumer sector that
needs fuel and refined petroleum products, TACenergy pioneers service processes,
use of technology in logistics and leads operations in the highest level of efficiency
that benefits its customers through execution and service.
At TACenergy, we take the purchasing muscle and flexibility of our national terminal
network, support it 24/7/365 and combine it with the most efficient logistical and
information technology tools. The result is a fuel supply chain that is optimized for
every customer's needs in ways big oil is simply not equipped to provide.
11
What are your company's expectations in the
TACenergy has a long history of supporting schools, municipalities, non -profits, and
event of an award?
government agencies. We aim to be the most reliable, knowledgeable, convenient,
and lowest cost fuel supplier in the nation.
If awarded, the TACenergy Operations team will work closely with participating
agencies to develop cost -saving fuel programs while ensuring operability to the
agency's fleets and services. TACenergy is committed to helping participating
agencies realize the overall value and benefit the Sourcewell contract provides.
12
Demonstrate your financial strength and
As a privately -held company, TACenergy does not disclose financial statements.
stability with meaningful data. This could
include such items as financial statements,
TACenergy reports to Dun & Bradstreet (D&B), a service often referenced by
SEC filings, credit and bond ratings, letters
lenders and potential business partners to help predict the reliability and/or financial
of credit, and detailed reference letters.
stability of a company. The TACenergy D&B company profile can be found using
Upload supporting documents (as applicable)
the following DUNS number: 11-855-2448
in the document upload section of your
response.
Bank, trade, and customer references can be provided upon request. To obtain a
list of references, please forward your request to: sales@tacenergy.com
13
What is your US market share for the
TACenergy is one of the nation's largest unbranded fuel marketers with more than 2
solutions that you are proposing?
billion gallons of annual sales for refined and renewable products. This total puts
TACenergy around 1% of the total US consumption of these fuels.
14
What is your Canadian market share for the
TACenergy does not conduct business in Canada.
solutions that you are proposing?
15
Has your business ever petitioned for
TACenergy has never petitioned for bankruptcy protection.
bankruptcy protection? If so, explain in detail.
16
If applicable, provide a detailed explanation
TACenergy holds the appropriate federal, state, and county licenses to sell and
outlining the licenses and certifications that
distribute fuel in each state the company services. TACenergy employs a staff of in -
are both required to be held, and actually
house tax professionals that ensure the company maintains all applicable licenses
held, by your organization (including third
and certifications to continue serving our customers.
parties and subcontractors that you use) in
pursuit of the business contemplated by this
RFP.
17
Provide all "Suspension or Debarment"
TACenergy does not have any suspensions or debarments in our history.
information that has applied to your
organization during the past ten years.
Bid Number: RFP 121522 Vendor Name: TACenergy, LLC
DocuSign Envelope ID: B9B82721-CC3B-4973-85A4-79C8232BOE83
Table 3: Industry Recognition & Marketplace Success
Line
Item
Question
Response
18
Describe any relevant industry awards or
TACenergy has been recognized by Sinclair Oil as a Top Performer 2018 through
recognition that your company has received
2021. TACenergy was recognized by Valero for Commitment to Excellence (CTE) in
in the past five years
2015. Customer and trade references can be provided upon request to
sales@tacenergy.com to share counterparty success with TACenergy.
19
What percentage of your sales are to the
Sales to the governmental sector has contributed to 5% of the total TACenergy
governmental sector in the past three years
sales portfolio over the past five years.
20
What percentage of your sales are to the
Sales to the education sector has contributed to 0.20% of the total TACenergy
education sector in the past three years
sales portfolio over the past three years.
21
List any state, provincial, or cooperative
TACenergy currently holds an award for OMNIA Partners, Contract #53317 - Motor
purchasing contracts that you hold. What is
and Aviation Fuels and Related Services. In addition, we hold numerous fuel supply
the annual sales volume for each of these
contracts with various public and government agencies in the States of CA, TX,
contracts over the past three years?
NM, FL, WA, MD, MS, CT, TN, GA, MT, LA, MA, SC, RI, OK, OR, AR, VA, NY,
KS, DE, WI, AZ, WY.
TACenergy considers sales reporting data for these contracts to be proprietary.
22
List any GSA contracts or Standing Offers
TACenergy does not currently hold any GSA or Standing Offers and Supply
and Supply Arrangements (SOSA) that you
Arrangements (SOSA).
hold. What is the annual sales volume for
each of these contracts over the past three
years?
Table 4: References/Testimonials
Line Item 23. Supply reference information from three customers who are eligible to be Sourcewell participating entities.
Entity Name
Contact Name
Phone Number
City of San Antonio, TX
LID McGarity
210-207-2078
Santa Barbara Metropolitan Transit District
Valerie White
805.963.3364 x244
City of Dallas, TX
Jeff Glover
214-670-1549
Table 5: Top Five Government or Education Customers
Line Item 24. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity
type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three
years.
Entity Name
Entity Type
State 1
Scope of Work
Size of Transactions
Dollar Volume Past Three
Province
Years
City of
Government
New Mexico -
Unleaded Gasoline and ULSD
4,000-8,500 Gallons
$106 Million
Albuquerque
NM
motor fuels
City of San
Government
Texas - TX
Unleaded Gasoline and ULSD
7,500-8,500 Gallons
$80 Million
Antonio
motor fuels
City of Dallas
Government
Texas - TX
Unleaded Gasoline
8,500 Gallons
$13 Million
Rio Metro
Education
New Mexico -
ULSD motor fuels
4,000-7,500 Gallons
$7 Million
Regional
NM
Transit District
County of
Government
California - CA
Unleaded Gasoline, ULSD, and
1,000-8,500 Gallons
$4 Million
Ventura
Renewable Diesel motor fuels
Table 6: Ability to Sell and Deliver Service
Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable.
Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number
of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third
party), and any overlap between the sales and service functions.
Line Question Response
Item
Bid Number: RFP 121522 Vendor Name: TACenergy, LLC
DocuSign Envelope ID: B9B82721-CC3B-4973-85A4-79C8232BOE83
25
Sales force.
Organization chart and US territory map are provided as attachment.
NATIONAL COVERAGE
The TACenergy Operations team will be responsible for the holistic account
management of an awarded Sourcewell contract. This team is responsible for
implementing the overall sales and service strategy and conveys all messaging
regarding terms, products, process, and requirements of the contract.
In addition, a highly trained logistics staff is available 24/7/365 to support
participating agencies from our Dallas, TX headquarters with their fuel orders.
REGIONAL FOCUS
The TACenergy sales force consists of fourteen strategically located sales and
support offices with experienced professionals fully equipped to support an awarded
Sourcewell contract. Led by General Managers, each regional sales team serve as
subject matter experts for the product offerings and logistics in their respective region
LOCAL SUPPORT
Within each regional sales team, Sales Managers and Account Managers are
assigned to territories and accounts to support the end users. It is the responsibility
of the Sales and Account Managers to provide consultation and training to the end
users. Training and consultation are provided as needed by each agency via phone,
online video conference (MS Teams, Zoom, etc.), or in some cases in -person.
26
Dealer network or other distribution
Our relationships with transportation, storage and terminal/rack partners are continually
methods.
monitored and competitively renegotiated based on capabilities, price and minimum
liability & performance standards. The net result of these services for our customers
is a reliable fuel supply, consistently on time, at the lowest possible final delivered
cost.
27
Service force.
Our advanced data management system is managed and operated by the most
capable personnel in the industry. TACenergy carrier partnerships are competitively
negotiated for optimum liability coverage and performance standards and monitored
on a regular basis. With TACenergy, customers can expect a reliable fuel supply,
consistently on time and at the lowest possible final delivered cost.
28
Describe the ordering process. If orders
TACenergy provides extensive hands-on training to a team of logistics professionals
will be handled by distributors, dealers or
dedicated to the specific needs of each client and service order. The Supply &
others, explain the respective roles of the
Logistics toll -free phone lines are supported 24 hours a day, seven days a week for
Proposer and others.
all 365 days of the year. Easy phone or online ordering through a proprietary portal
is available to meet customer needs. With one of the largest nationally geographically
diverse terminal networks in the industry, the TACenergy Supply & Logistics call
center manages and coordinates every load of fuel by fine-tuning the optimal
combination of pull points, supply, carriers and price.
29
Describe in detail the process and
TACenergy has a 24/7/365 customer service group that manages all fuel deliveries
procedure of your customer service
and will be standing by to take all orders. Each customer is established internally at
program, if applicable. Include your
TACenergy via a 36 step setup process that is double checked by individual account
response -time capabilities and
and sales managers to make sure your fuel is delivered on time and billed correctly.
commitments, as well as any incentives
that help your providers meet your stated
service goals or promises.
30
Describe your ability and willingness to
TACenergy is able and willing to provide products and services to participating
provide your products and services to
agencies in the lower 48 United States.
Sourcewell participating entities in the
United States. Identify the geographic
areas of the United States that you will
fully serve through the proposed contract.
31
Describe your ability and willingness to
TACenergy does not conduct business in Canada.
provide your products and services to
Sourcewell participating entities in
Canada. Identify the geographic areas of
Canada that you will fully serve through the
proposed contract.
32
Identify any geographic areas of the United
TACenergy is prepared to serve the lower 48 United States. Hawaii, Alaska, and
States or Canada that you will NOT be
Canada are not within the service area of TACenergy at this time.
fully serving through the proposed contract.
33
Identify any Sourcewell participating entity
There are not any current sectors that we are not able to fully serve.
sectors (i.e., government, education, not -for -
profit) that you will NOT be fully serving
through the proposed contract. Explain in
detail. For example, does your company
have only a regional presence, or do other
cooperative purchasing contracts limit your
ability to promote another contract?
Bid Number: RFP 121522 Vendor Name: TACenergy, LLC
DocuSign Envelope ID: B9B82721-CC3B-4973-85A4-79C8232BOE83
34 Define any specific contract requirements Alaska, Hawaii, and the US Territories are not currently in the TACenergy service
or restrictions that would apply to our area.
participating entities in Hawaii and Alaska
and in US Territories.
Table 7: Marketing Plan
Line
Item
35
Question
Describe your marketing strategy for
promoting this contract opportunity.
Upload representative samples of your
marketing materials (if applicable) in
the document upload section of your
response.
Response
TACenergy marketing strategy includes multiple content and messaging platforms,
executions, and outreach programs designed to support the brand, its partners, and the
changes that take place in the market, on a daily basis.
The execution of the marketing is a synergistic approach between the outward
communication of the brand story by the marketing department and the hands-on
storytelling and support provided by the sales team. You can say, we utilize the basic
media and communication outlets for strong 13213 programs to be live and available 24/7
with online and printed materials, while the sales team provides in-depth selling and
sharing to prospects and current customers.
Uploaded in the document section is an electronic version of a corporate sales brochure
available in digital download from the TACenergy.com website and that is also provided in
print form on sales calls, at trade shows, and through written/mailed communication.
Online Marketing
A daily email blast, social post, and website news post of market activity is pushed each
morning from the TACenergy trading desk to opt -in lists and targeted social audiences.
When appropriate Press Releases and special news are included in marketing messages
on the website and social.
Social media weekly enhances the story of the brand, partners, industry activities, and
customers as appropriate with posts across platforms that include Linkedln, Facebook,
Instagram, and Twitter.
Promotional landing pages are utilized from the TACenergy.com website to provide
additional information for key time periods or message pushes. Partner representation can
be included when these are executed to include brand identification for Sourcewell.
In addition, Sourcewell will be added to the cooperative purchasing industry section of the
TACenergy website identified with a logo and written content describing the relationship.
The logo will hyperlink to the appropriate page within the Sourcewell website.
Sales Operations
Ongoing training of all sales representatives and the Supply & Logistics teams is
conducted on a weekly basis. Selling processes, partner relationships, best practices and
resources are reviewed on a regular basis with all members of each team. As needed,
special communication and materials on how best to sell appropriate customers into
cooperative purchasing resources are shared at these training meetings for partners like
Sourcewell.
Electronic Marketing
Utilizing the extensive opt -in database of TACenergy, email marketing programs can be
executed to introduce Sourcewell and its benefits to the appropriate audience.
Additional email marketing can be considered utilizing Sourcewell database of potential
customers from other categories to share the news of new relationships and support being
provided to Sourcewell clients.
Bid Number: RFP 121522 Vendor Name: TACenergy, LLC
DocuSign Envelope ID: B9B82721-CC3B-4973-85A4-79C8232BOE83
36
Describe your use of technology and
TACenergy maintains and fosters a strong online presence through social media platforms,
digital data (e.g., social media,
website promotional management, and electronic email communication.
metadata usage) to enhance
Social Media Presence on Linkedln, Facebook, Instagram, and Twitter.
marketing effectiveness.
Email Marketing
Maintain and administer daily communication through the Constant Contact management
system
Direct Marketing
Utilize key market lists to print and mail targeted communication to prospective customers
including postcards, sales flyers, promotional gifts, and business changes by account.
Website
TACenergy maintains a brand -specific website that provides customer access to
communication, an online sales portal, electronic account management and ordering site.
Target industries and partners within those industries are promoted on the website.
Sourcewell would be featured as part of the cooperative purchasing section and provide a
direct link to Sourcewell website.
As a part of the website, search engine optimization tools are deployed to provide
additional outreach and opportunities for discovery. Sourcewell would be included in meta
tags and part of the SEO efforts to provide key content that would attract interested
parties.
37
In your view, what is Sourcewell's role
TACenergy would hope that Sourcewell would promote the awarded sales contract to their
in promoting contracts arising out of
existing and previous client's while TACenergy would integrate the awarded sales contract
this RFP? How will you integrate a
into our marketing strategy and outreach programs.
Sourcewell-awarded contract into your
sales process?
38
Are your products or services
The TACenergy customer portal allows agencies to request fuel deliveries and see the
available through an e-procurement
status of their order requests. Additionally, product quotes, invoices, and other reporting
ordering process? If so, describe your
are available on -demand from a computer, tablet, or smart phone.
e-procurement system and how
governmental and educational
customers have used it.
Table 8: Value -Added Attributes
Line
Item
Question
Response
39
Describe any product, equipment,
Given the scope of this RFP, our training would focus on how the agencies can use our
maintenance, or operator training
online portal to place fuel orders, view quotes and invoices, and export spend data. When
programs that you offer to
an agency is onboarded as a TACenergy customer, we provide all the necessary
Sourcewell participating entities.
information for successful order requests. Training is generally optional but the TACenergy
Include details, such as whether
Operations is available to customize training materials to meet the needs of the agency. In
training is standard or optional,
some cases, customers will require additional consulting to develop a customized fuel
who provides training, and any
program to include winter additives, performance additives, and/or renewable fuels. Any
costs that apply.
customer training provided is always free of charge.
40
Describe any technological
We offer one of the most advanced collections of web -based tools available, managing your
advances that your proposed
fuel supply and support data is easier with TACenergy. We can customize a suite of web
products or services offer.
tools unique to your supply and back -office support needs; both historical and in real time
including Fuel Quoting; Consumption & Spend History; Customer A/R Data. TACenergy also
offers Inventory Intelligence that has the ability to monitor a customer's tank inventory,
accurately anticipate demand and automatically dispatch reorders. We advance or delay
loads where operationally possible to minimize fuel costs by constantly watching the market
and placing your order when trends are most favorable, saving you money.
41
Describe any "green" initiatives
TACenergy is one of the country's largest distributors of ethanol, biodiesel, and renewable
that relate to your company or to
diesel, primarily sold in blended quantities. We can develop a customized fuel program to
your products or services, and
meet the end user's sustainability goals with operability and cost in mind.
include a list of the certifying
agency for each.
As an authorized distributor of Neste MY Renewable Diesel (RD) and one of the first RD
Distributors in California, TACenergy brings the expertise and experience to help you
determine the best use of RD for your business needs within your fleet. Available at
multiple accessible rack locations in Northern and Southern California, the decision to use
renewable diesel will help your business lead the way to a cleaner emissions solution for
the state of California. With a diverse group of industries including freight liners, local
trucking, waste haulers, municipalities, first responders and construction companies utilizing
Renewable Diesel today, TACenergy can help you develop a plan that is right for your
future. Neste MY meets and exceeds CARB diesel specifications and technical standards. It
is a direct replacement fuel suitable for all diesel engines, no modifications needed.
Bid Number: RFP 121522 Vendor Name: TACenergy, LLC
DocuSign Envelope ID: B9B82721-CC3B-4973-85A4-79C8232BOE83
42
Identify any third -party issued eco-
labels, ratings or certifications that
your company has received for
the equipment or products
included in your Proposal related
to energy efficiency or
conservation, life -cycle design
(cradle -to -cradle), or other
green/sustainability factors.
The Neste MY Renewable Diesel product we distribute in select markets has been certified
by the industry's TOP TIER program for its quality and performance. Many OEM vehicle
manufacturers have approved Neste MY Renewable Diesel for use in their vehicles.
43
Describe any Women or Minority
TACenergy does not qualify as a small or disadvantaged business. However, we make a
Business Entity (WMBE), Small
great effort to work with certified minority and disadvantaged vendors downstream to
Business Entity (SBE), or veteran
support our customer base where possible. We have working relationships with WMBE,
owned business certifications that
SBE, ACDBE, and HUB certified vendors and carriers.
your company or hub partners
have obtained. Upload
documentation of certification (as
applicable) in the document
upload section of your response.
44
What unique attributes does your
TACenergy has an in-house 24/7/365 Supply & Logistics department based in Dallas, TX
company, your products, or your
ready to support participating agencies whenever needed. Our Inventory Intelligence program
services offer to Sourcewell
provides the ability to monitor a customer's tank inventory on their behalf, accurately
participating entities? What makes
anticipate demand and automatically dispatch reorders. We advance or delay loads where
your proposed solutions unique in
operationally possible to minimize fuel costs by constantly watching the market and placing
your industry as it applies to
your order when trends are most favorable, saving end users money.
Sourcewell participating entities?
The TACenergy Supply & Trading teams publishes a daily market update ("Market Talk")
which serves to keep customers informed on up-to-date market trends and news.
The TACenergy customer portal was developed to meet the on -demand needs of our
customers from a computer or smart phone. The online portal customized to the customer
so that only the correct products can be ordered to prevent any retains or fuel cross -drops
of incorrect product.
We have a wide variety of fuel products that meet local regulations including products with
performance additives, winter additives, and renewable or bio-blended fuel.
We manage the entire logistics of fuel deliveries allowing TACenergy to be a one -stop
solution for end user's fuel needs.
Table 9A: Warranty
Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure,
and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document
upload section of your response in addition to responding to the questions below.
Line
Item
Question
Response
45
Do your warranties cover all products, parts, and
TACenergy guarantees the fuel products sold will meet or exceed all
labor?
required federal, state, and local specifications at the time of transfer to the
customer's tanks. Each Participating Agency shall be responsible for having
the proper fuel fill and transfer vapor recovery system(s) operating on their
storage tanks in accordance with participating agency's state and local
regulations. TACenergy and our carriers have the responsibility of reporting
faulty equipment to the end users and the appropriate regulatory agencies.
46
Do your warranties impose usage restrictions or
Yes, exclusions include but not limited to improper use of fuel, equipment
other limitations that adversely affect coverage?
malfunction, poor tank maintenance, and forces of nature.
47
Will you cover warranty service for products
No, TACenergy will not cover warranty service for products produced by
produced by others that are part of your proposal,
others. Should fuel delivered by TACenergy not meet quality standards at the
or are warranty issues typically passed on to the
time of delivery, TACenergy will rectify the issue with a pump -out and
producer?
replacement of fuel. Exclusions and restrictions apply.
48
Describe any service contract options for the
There are no additional contract service options beyond the scope of Fuel
items included in your proposal.
Delivery with Related Services RFP in our proposal.
Bid Number: RFP 121522 Vendor Name: TACenergy, LLC
DocuSign Envelope ID: B9B82721-CC3B-4973-85A4-79C8232BOE83
Table 913: Performance Standards or Guarantees
Describe in detail your performance standards or guarantees, including conditions and requirements to qualify, claims procedure, and
overall structure. You may upload representative samples of your performance materials (if applicable) in the document upload section
of your response in addition to responding to the questions below.
Line
Item
Question
Response
49
Describe any performance standards or
At TACenergy, we champion a high-performance standard. Strategically managed
guarantees that apply to your services
supply and logistics processes are performed every day to ensure the correct fuel is
delivered to the correct place at correct time and invoiced at the correct price. Our
delivery, invoicing, and compliance performance is second to none.
50
Describe any service standards or
TACenergy measures customer success with several key metrics. Most importantly,
guarantees that apply to your services
we measure on -time deliveries to each customer. Getting the right fuel to the right
(policies, metrics, KPIs, etc.)
location at the right time ensures operations are not interrupted for the end user.
Using real-time bill -of -lading (BOL) information and logistical data, we are able to
track whether deliveries are completed within the request order window.
Additionally, invoice accuracy is important to us and our customers. We maintain an
invoice accuracy rate of 98% or better on average across the enterprise. We
monitor at the individual customer level to ensure billing errors are mitigated. Invoice
accuracy saves the participating agencies time and money when processing
payments. We also measure days to bill on the individual account level to ensure
customers are not waiting more than two business days for a delivery invoice.
Routine pricing audits are conducted to ensure that contract customers are receiving
the correct pricing. Invoices are frequently reviewed by Sales Managers and Account
Managers before final transmission to the customer.
Table 10: Payment Terms and Financing Options
Line
Item
Question
Response
51
Describe your payment terms and accepted payment
TACenergy standard payment terms is Net 10 Days from Invoice
methods.
Date. Extended terms, but no more than 30 days, may be evaluated
but must be approved on case -by -case basis.
Payment methods are either buyer -initiated ACH payment or
TACenergy-initiated EFT payment. Checks are not accepted.
52
Describe any financing options available for use by
TACenergy does not offer any financing options.
educational or governmental entities.
53
Describe any standard transaction documents that you
All Sourcewell orders will be managed by the TACenergy 24/7/365
propose to use in connection with an awarded contract
Supply & Logistics team in Dallas, TX. Orders can be placed
(order forms, terms and conditions, service level
online, by phone, or by email to orders@tacenergy.com. Invoices will
agreements, etc.). Upload a sample of each (as
be transmitted via email to the agency after fuel delivery has been
applicable) in the document upload section of your
completed, generally within two business days. An invoice example
response.
is provided in the attachments.
54
Do you accept the P-card procurement and payment
We can accept Government P-cards provided they are Visa,
process? If so, is there any additional cost to Sourcewell
Mastercard, Discover, or American Express. An additional fee of 3%
participating entities for using this process?
of the total invoice amount will apply to these types of payment
transactions.
Table 11: Pricing and Delivery
Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can
be made during the term of an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product
Change Request Form.
Line Question Response
Item
Bid Number: RFP 121522 Vendor Name: TACenergy, LLC
DocuSign Envelope ID: B9B82721-CC3B-4973-85A4-79C8232BOE83
55
Describe your pricing model (e.g., quoted adjustment from
TACenergy is proposing a pricing model that is a quoted
index or benchmark, line -item, product -category percentage
adjustment (+/-) from a third -party index or benchmark. Our standard
discounts, or a combination of methods). Upload your
pricing method for fuel would apply a negotiated adjustment to a
pricing materials (if applicable) in the document upload
daily OPIS Rack benchmark (for example, OPIS Contract Average
section of your response.
Gross) for the product delivered (Regular, Premium, ULSD #2, etc.)
at the nearest OPIS rack city. Recognizing that there are variations
in costs to transport and provide fuel to many regions or markets
of the United States, the benchmark index will be established by
agency rather than using one index for all participating agencies.
Freight charges will be assessed at cost and will be a line item on
the invoice.
56
If your pricing model includes quoted adjustment from index
TACenergy proposes an adjustment from the daily OPIS Rack
or benchmark, identify the applicable index(es) or
Contract Average Gross for the neared OPIS rack city as standard.
benchmark(s) for Sourcewell Participating Entities by region,
Alternative indexes or timing may be evaluated to best serve the
delivery method, and product type. Detailed pricing data is
needs of the participating agency. TACenergy has the flexibility to
to be included in Proposer's pricing upload materials
utilize DTN Fastracks, Platts, Argus, and OPIS Rack and OPIS
(including the stated index or benchmark, adjustment
Spot indexes. In addition, weekly benchmark updates can be utilized
discount or increase, frequency of index or benchmark
if desired. Freight charges will be an 100% pass through to the
update [daily, weekly, etc.], delivery method alternative
participating agency.
pricing, freight, additional charges, etc.) on all of the items
that you want Sourcewell to consider as part of your RFP
response.
57
If your pricing model includes line -item or product -category
It is the goal of TACenergy to offer competitive pricing to the
percentage discounts, quantify the pricing discount
participating agencies without the need for additional line -item
represented by the pricing proposal in this response. For
discounts.
example, if the pricing in your response represents a
percentage discount from MSRP or list, state the
percentage or percentage range. Detailed pricing data is to
be included in Proposer's pricing upload materials
(including standard or list pricing and the Sourcewell
discounted price) on all of the items that you want
Sourcewell to consider as part of your RFP response.
58
Describe any volume or quantity discounts or rebate
Volume discounts may be evaluated on a case -by -case basis for
programs that you offer.
committed volume from participating agencies.
59
Propose a method of facilitating "sourced" products or
Freight charges will be invoiced to participating agencies at cost.
related services, which may be referred to as "open
Demurrage or delay charges caused by the agency's staff or
market" items or "nonstandard options". For example, you
location will be charged at cost. This is when a carrier is unable to
may supply such items "at cost" or "at cost plus a
complete the delivery in a timely manner due to site access, issues
percentage," or you may supply a quote for each such
with site equipment, retaining of product due to tanks being too full,
request.
etc. Delay charges caused by TACenergy will not be passed to the
agency.
60
Identify any element of the total cost of acquisition that is
There are no set-up or training fees with TACenergy. Freight costs
NOT included in the pricing submitted with your response.
and demurrage fees will be invoiced to the agency at cost, when
This includes all additional charges associated with a
applicable. Split -load or multi -drop deliveries will incur a $100 flat
purchase that are not directly identified as freight or
fee. Retain fee of $150 will be assessed when all or a portion of
shipping charges. For example, list costs for items like set-
the order quantity will not fit in the agency's tank when caused by
up, mandatory training, split -load or multiple drop site
the agency. ULSD Dyed products will be charged a $0.0075 dye
charges, unscheduled, expedited or emergency delivery
adder fee per gallon. Winter additive will be charged at cost per
fees, dye charges, or taxes. Identify any parties that
gallon. Any and all applicable taxes will be charged to the agency.
impose such costs and their relationship to the Proposer.
The agency must notify TACenergy of any tax exemptions during the
customer onboarding phase.
61
If freight, delivery, or shipping is an additional cost to the
At TACenergy, we utilize vetted third -party common carriers to
Sourcewell participating entity, describe in detail the
deliver our fuel to our customers. We will charge the Sourcewell
complete freight, shipping, and delivery program.
participating entity all freight at cost. This includes base rates, fuel
surcharge, pump fees, tolls, and entity -caused demurrage charges.
Freight is charged at a 7,500 gallon minimum for diesel products
and at an 8,500 gallon minimum for gasoline products regardless of
requested quantities from the agency in most markets. In some
markets where a higher truck load capacity is standard then the
prevailing market minimum will be assessed. For example, Boston
MA has a higher freight minimum for gasoline deliveries at 12,000
gallons.
62
Specifically describe freight, shipping, and delivery terms or
Alaska, Hawaii, and Canada are currently outside of the TACenergy
programs applicable to Sourcewell Participating Entities in
service area.
Alaska, Hawaii, and Canada.
63
Describe any unique distribution and/or delivery methods or
With committed volume from a participating agency, TACenergy can
options offered in your proposal.
lock in freight charges for a year at a time for the agency.
Bid Number: RFP 121522 Vendor Name: TACenergy, LLC
DocuSign Envelope ID: B9B82721-CC3B-4973-85A4-79C8232BOE83
Table 12: Pricing Offered
Line
Item
The Pricing Offered in this Proposal is:
Comments
64
c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing
TACenergy understands the
departments.
value and convenience of
cooperative purchasing
contracts and seeks to help
participating agencies realize
the same value and
convenience.
Table 13: Audit and Administrative Fee
Line
Item
Question
Response
65
Specifically describe any self -audit process or program that you
The TACenergy Operations team self -audits all cooperative
plan to employ to verify compliance with your proposed Contract
purchasing contracts for compliance. We assign category
with Sourcewell. This process includes ensuring that Sourcewell
codes to each participating agency to ensure reporting is
participating entities obtain the proper pricing, that the Vendor
accurate and that proper administrative fees are calculated.
reports all sales under the Contract each quarter, and that the
The administrative fee report is independently calculated by
Vendor remits the proper administrative fee to Sourcewell. Provide
the Operations team and Accounts Payable department to
sufficient detail to support your ability to report quarterly sales to
ensure accuracy and timely payment to Sourcewell. The
Sourcewell as described in the Contract template.
Operations team will be the single point -of -contact for all
aspects of the Sourcewell program.
66
If you are awarded a contract, provide a few examples of internal
TACenergy measures customer success with several key
metrics that will be tracked to measure whether you are having
metrics. Most importantly, we measure on -time deliveries to
success with the contract.
each customer. Getting the right fuel to the right location at
the right time ensures operations are not interrupted for the
end user. Using real-time bill -of -lading (BOL) information and
logistical data, we are able to track whether deliveries are
completed within the request order window.
Additionally, invoice accuracy is important to us and our
customers. We maintain an invoice accuracy rate of 98% or
better on average across the enterprise. We monitor at the
individual customer level to ensure billing errors are
mitigated. Invoice accuracy saves the participating agencies
time and money when processing payments. We also
measure days to bill on the individual account level to
ensure customers are not waiting more than two business
days for a delivery invoice.
Routine pricing audits are conducted to ensure that contract
customers are receiving the correct pricing. Invoices are
frequently reviewed by Sales Managers and Account
Managers before final transmission to the customer.
67
Identify a proposed administrative fee that you will pay to
TACenergy proposes an administrative fee of $0.01 (one
Sourcewell for facilitating, managing, and promoting the Sourcewell
penny) per gallon sold to participating agencies.
Contract in the event that you are awarded a Contract. The
administrative fee is calculated on total sales under the Contract
and may be expressed as a percentage, per -unit or flat fee; it is
not a line -item addition to the Participating Entity's cost of goods.
(See the RFP and template Contract for additional details.)
Bid Number: RFP 121522 Vendor Name: TACenergy, LLC
DocuSign Envelope ID: B9B82721-CC3B-4973-85A4-79C8232BOE83
Table 14A: Depth and Breadth of Offered Equipment Products and Services
Line
Item
Question
Response
68
Provide a detailed description of the
24/7/365 Supply & Logistics
equipment, products, and services that you
Highly trained logistics professionals are available in the national call center to help
are offering in your proposal.
answer questions, manage orders and provide consistent monitoring and
coordination of every order. With one of the largest national terminal networks in the
industry, TACenergy keeps a very close eye on every load of fuel by fine-tuning the
optimal combination of pull points, supply, carriers and price. This is achieved
through a unique combination of one of the most advanced data management
systems managed and operated by the most capable associates in the industry.
Our carrier relationships are continually monitored and competitively re -negotiated
based on capabilities, price and minimum liability & performance standards. The net
result of these services for our customers is a reliable fuel supply, consistently on
time, at the lowest possible final delivered cost.
Custom Web Tools
With one of the most advanced collections of web -based tools available, managing
your fuel supply and support data is easier with TACenergy. We can customize a
suite of web tools unique to your supply and back -office support needs; both
historical and in real-time including Fuel Quoting; Consumption & Spend History;
Customer A/R Data; Customized Detailed or Summary Invoices available in various
formats; "Rich Reporting" using your terminology and operational breakouts per your
specifications; Flexible downloads of invoice information available of analysis, and
reporting; Ad -hoc queries
Inventory Intelligence
Inventory Intelligence with TACenergy has the ability to monitor a customer's tank
inventory, accurately anticipate demand and automatically dispatch reorders. We
advance or delay loads where operationally possible to minimize fuel costs by
constantly watching the market and placing your order when trends are most
favorable, saving you money. With our multiple transportation options, we are able to
coordinate and manage just -in -time delivery, ship from multiple locations and utilize
numerous carrier relationships.
Price Assurance
You control the degree of exposure to market volatility using a customized suite of
price assurance tools and are rewarded with a fuel price assurance. Whether it's
gasoline, diesel, biodiesel, DEF, Jet A, ethanol, or any combination of such, with
TACenergy, you have the most flexibility and reliable supply of any fuel company in
the nation. You can even integrate a customized Inventory Intelligence program with
automated trigger points based on inventory, market conditions, or consumption
69
Within this RFP category there may be
Branded Partners - Sinclair (West Coast), Valero, VPRacing and Neste MY
subcategories of solutions. List subcategory
Renewable Diesel (West Coast)
titles that best describe your products and
services.
Bid Number: RFP 121522 Vendor Name: TACenergy, LLC
DocuSign Envelope ID: B9B82721-CC3B-4973-85A4-79C8232BOE83
Table 1413: Depth and Breadth of Offered Equipment Products and Services
Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional
comments in the text box provided, as necessary.
Line Item
Category or Type
Offered
Comments
70
Vehicle and equipment fuels, fluids, gases,
r: Yes
A complete range of branded and
gasolines, or additives (identify applicable
r- No
unbranded refined petroleum fuels
formulations, grades, and blends in pricing upload
including gasoline, diesel, heating oil,
material)
renewable diesel and aviation
fuels are available, plus other
renewable fuels like biodiesel and
ethanol, as well as support
products such as DEF.
71
Aviation fuels, fluids, gasolines, or additives
r: Yes
A complete range of branded and
(identify applicable formulations, grades, and
r- No
unbranded refined petroleum fuels
blends in pricing upload material)
including gasoline, diesel, heating oil,
renewable diesel and aviation
fuels are available, plus other
renewable fuels like biodiesel and
ethanol, as well as support
products such as DEF.
72
Heating fuels or gases (identify applicable
r: Yes
A complete range of branded and
formulations, grades, and blends in pricing upload
r No
unbranded refined petroleum fuels
material)
including gasoline, diesel, heating oil,
renewable diesel and aviation
fuels are available, plus other
renewable fuels like biodiesel and
ethanol, as well as support
products such as DEF.
73
Hybrid or alternative fuels (identify applicable
r: Yes
TACenergy is an authorized
hybrid or alternative fuel types in pricing upload
r No
distributor of Neste MY Renewable
material)
Diesel. Ethanol, renewable, and bio-
blended products are available to
meet sustainability goals of the end
user.
74
Support services related to the supply and
r: Yes
In our Supply & Logistics call center
delivery of the products described in Lines 70 -
r No
located in Dallas, TX our
73 above.
experienced logistics professionals
are available 24/7.
Dedicated sales teams pro
Table 15: Industry Specific Questions
Line
Item
Question
Response
75
Describe your ability to fuel a mixed fleet
TACenergy carrier partners have fuel trailers with multiple compartments to allow for
during the same route.
delivery of multiple products (gas and diesel, for example) on a single truck. Split
deliveries of a single truck to multiple agency locations can be provided but will
incur a split delivery charge.
76
Describe any emergency fueling programs
TACenergy maintains a comprehensive emergency response plan that consists of
you offer.
supply and carrier redundancies. With over 800 supply terminals and over 1,400
carriers, we have the supply and logistics network to ensure end users remain
supplied even during emergency situations. TACenergy possesses licenses to import
and export fuel from other states when local supply points are hindered. Alternative
logistics such as less -than -truckload (LTL) or mobile refueling ("wethosing") can be
engaged when necessary to mitigate supply disruptions. Given the public service
nature of the participating agencies, contracted agencies receive top priority during
emergency events.
Business continuity is guaranteed with our fourteen locations that act as backup
operations centers should our primary Dallas, TX location get impacted in
emergency situations. Redundant data centers are housed in several locations to
ensure data management integrity.
77
Describe your carrier network.
We have a nationwide network of over 1,400 vetted carrier partners. Many of our
carriers are contracted to service TACenergy customers with reliability.
Bid Number: RFP 121522 Vendor Name: TACenergy, LLC
DocuSign Envelope ID: B9B82721-CC3B-4973-85A4-79C8232BOE83
Table 16: Exceptions to Terms, Conditions, or Specifications Form
Line Item 78. NOTICE: To identify any exception, or to request any modification, to the Sourcewell template Contract terms, conditions,
or specifications, a Proposer must submit the exception or requested modification on the Exceptions to Terms, Conditions, or
Specifications Form immediately below. The contract section, the specific text addressed by the exception or requested modification,
and the proposed modification must be identified in detail. Proposer's exceptions and proposed modifications are subject to review and
approval of Sourcewell and will not automatically be included in the contract.
Contract Section I Term, Condition, or Specification I Exception or Proposed Modification
Documents
Ensure your submission document(s) conforms to the following:
1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.
2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to
ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed
by Sourcewell.
3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.
4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the
zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding
to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan."
• Pricing - Pricing.pdf- Thursday December 15, 2022 15:53:37
• Financial Strength and Stability - Financial Strength and Stability.pdf - Thursday December 15, 2022 12:14:51
• Marketing Plan/Samples - Marketing Plan.pdf - Thursday December 15, 2022 12:15:07
• WMBE/MBE/SBE or Related Certificates (optional)
• Warranty Information (optional)
• Standard Transaction Document Samples - Standard Transaction Document Sample.pdf - Thursday December 15, 2022 12:15:20
• Upload Additional Document - Organizational Chart —Territory Map.pdf - Thursday December 15, 2022 12:15:35
Bid Number: RFP 121522 Vendor Name: TACenergy, LLC
DocuSign Envelope ID: B9B82721-CC3B-4973-85A4-79C8232BOE83
Addenda, Terms and Conditions
PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE
I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the
Proposer to this Affidavit and Assurance of Compliance:
1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in
the jurisdiction of its residence.
2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for
contract award.
The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the
Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under
this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not
directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of
this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or
competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the
consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this
solicitation.
4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or
circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a
vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired.
5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an
employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this
solicitation.
6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in
accordance with the terms, conditions, and scope of a resulting contract.
7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or
certifications necessary to deliver such equipment, products, or services under any resulting contract.
8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are
acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and
related services to Sourcewell Members under an awarded Contract.
9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.
10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either
substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic
data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes
Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under
Minnesota's Data Practices Act.
11. Proposer its employees, agents, and subcontractors are not:
1. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control
of the United States Department of the Treasury found at: https://www.treasury.aov/ofac/downloads/sdnlist.pdf-1
2. Included on the government -wide exclusions lists in the United States System for Award Management found at:
https://sam.aov/SAM/; or
3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated
Bid Number: RFP 121522 Vendor Name: TACenergy, LLC
DocuSign Envelope ID: B9B82721-CC3B-4973-85A4-79C8232BOE83
by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any
Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense
related to the subject matter of this solicitation.
F- By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this
Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I
had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic
signature or electronic record was used in its formation. - Colby Hoffer, Director of Operations, TACenergy, LLC
The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the
Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid.
r- Yes r- No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.
Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.
I have reviewed the
File Name below addendum and pages
attachments (if
applicable)
Addendum _1_Fuel _Delivery_RFP_121522 1
Tue November 8 2022 12:16 PM
Bid Number: RFP 121522 Vendor Name: TACenergy, LLC