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Home My WebLink About20241864.tiffEsther Gesick From: Sent: To: Cc: Subject: Thomas Walker <Thomas.Walker@gosenergy.com> Tuesday, July 2, 2024 7:54 PM Esther Gesick Toby Taylor; Cheryl Pattelli; Bruce Barker; CTB; Karla Ford Re: Appeal to Rejected Bid Protest Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thank you Esther. Thanks, x 1 _ mss. 1 • Thomas J. Walker I Sales Director Thomas.Walker@GoSenergy.com (720) 245-7893 Senergy 1470 N Horne StreetGi Ibert AZ 85233GoSenergy.com On Jul 2, 2024, at 4:30 PM, Esther Gesick <egesick@weld.gov>wrote: CAUTION: This email originated from outside of the corporate network. Hello Thomas, Your withdrawal request has been received, and this matter will not be presented to the Board of County Commissioners. If you need any further assistance, please let me know. Kind Regards, Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758IGreeley, CO 80632 tel: (970) 400-4226 <image0al.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. C0YVIMIUM.Calt-014) �-10-01oay 1 2024-1864 From: Thomas Walker <Thomas.Walker@gosenergy.com> Sent: Tuesday, July 2, 2024 4:03 PM To: Chloe White <cwhite@weld.gov> Cc: Esther Gesick <egesick@weld.gov>; Toby Taylor <ttaylor@weld.gov>; Cheryl Pattelli <cpattelli@weld.gov>; Bruce Barker <bbarker@weld.gov>; CTB <CTB@co.weld.co.us>; Karla Ford <kford@weld.gov> Subject: Re: Appeal to Rejected Bid Protest Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize tl sender and know the content is safe. Chloe, I apologize for the delay in getting back to you. We have decided to withdraw our appeal. Thanks, Thomas J. Walker I Sales Director Thomas.VValker@GoSenergy.com (720) 245-7893 Seriergy1470 N Horne StreetGilbert AZ 85233GoSenergy.com On Jun 21, 2024, at 6:38 AM, Chloe White <cwhite@weld.gov>wrote: CAUTION: This email originated from outside of the corporate network. Good morning, The Clerk to the Board's Office has received your request to waive the 15 -day requirement and has scheduled the matter for Wednesday, July 17, 2024, at 9:00 a.m. Thank you, Chloe A. White Deputy Clerk to the Board Supervisor Weld County Clerk to the Board's Office 1150 O Street Greeley, CO 80631 Tel: (970) 400-4213 Email: cwhite@weld.gov <image001.jpg> 2 Appe-aA 1e c 1- io �3ay000 eta 3acttcn a- - I o w c Coat, Lib h.o (rims ot 1 Kuur' , 5crtLr- opproied (3;01 aCo I o3 ( a`-1 B;ct : l=r a0a(-f (2 s (-mot: � ea 4*- aoa (--1 --1CoO9 tcOoG Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Thomas Walker <Thomas.Walker@gosenergy.com> Sent: Wednesday, June 19, 2024 4:58 PM To: Esther Gesick <egesick@weld.gov> Cc: Toby Taylor <ttaylor@weld.gov>; Cheryl Pattelli <cpattelli@weld.gov>; Bruce Barker <bbarker@weld.gov>; CTB <CTB@co.weld.co.us>; Karla Ford <kford@weld.gov> Subject: Re: Appeal to Rejected Bid Protest Caution: This email originated from cutside of Weld County Government. Do not click links or open attachments unless you re sender and know the content is safe. I am definitely ok waiving it but will be traveling that week as well. Will July 17th work? Thanks, <�WRD0000. jpg>j<-WRD0000. jpg>'<�WRD0000. jpg> OMER Thomas J. Walker I Regional Sales Director Thomas.Walker@GoSenergy.com I (720) 245-7893 Senergy Petroleum (303) 424-6262 6301 Ralston Rd. Arvada, CO 80002 GoSenergy.com IIIINLEIrt On Jun 19, 2024, at 4:55 PM, Esther Gesick <egesick@weld.gov> wrote: CAUTION: This email originated from outside of the corporate network. Thomas, The regular Commissioner Board meetings are on Mondays and Wednesdays at 9:00 a.m. Due to the time needed for staff to review the information and prepare a response, would you be willing to waive the 15 -day requirement and look at either July 8th or 10th at 9:00 a.m.? Esther E. Gesick Clerk to the Board 1150 O Street/ P.O. Box 758/ Greeley, CO 80632 tel: (970) 400-4226 <image00l.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Thomas Walker <Thomas.Walker@gosenergy.com> Sent: Wednesday, June 19, 2024 4:44 PM To: Esther Gesick <egesick@weld.gov> Cc: Toby Taylor <ttaylor@weld.go\,>; Cheryl Pattelli <cpattelli@weld.gov>; Bruce Barker <bbarker @weld.gov>; CTB <CTB@co.weld.co.us>; Karla Ford <kford@weld.gov> Subject: Re: Appeal to Rejected Bid Protest Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unlc sender and know the content is safe. Esther, I will be out of town that date. Would there be any availability June 27th or June 28th? Thanks, <-vWRD0000.jpg> AZErrillt <-WRD0000. jpg> <"WRD0000j pg> On Jun 19, 2024, at 4:04 PM, Esther Gesick <egesick@wetd.gov>wrote: CAUTION: This email originated from outside of the corporate network. Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Thomas J. Walker I Regional Sales Director homas.Walker@GoSenergy.com I (720) 24: Senergy Petroleum (303) 424-6262 6301 Ralston Rd. Arvada, CO 80002 GoSenergy.com Hello Mr. Walker, Your appeal has been received. Per the 15 -day scheduling requirement of Weld County Code Section 2- 4-10, are you available to attend an Appeal Hearing on Wednesday, July 3, 2024, at 9:00 a.m.? Esther E. Gesick Clerk to the Board 1150 O Street'P.O. Box 758'Greeley, CO 80632 tel: (970) 400-4226 <image004.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Bruce Barker <bbarker@weld.gov> Sent: Wednesday, June 19, 2024 3:46 PM To: CTB <CTB@co.weld.co.us> Cc: Toby Taylor <ttaylor@weld.gov>; Cheryl Pattelli <cpattelli@weld.gov> l l i @weld .gov> Subject: FW: Appeal to Rejected Bid Protest Importance: High Please schedule this for a 9:00 a.m. hearing before the Board on July 3, 2024. Thanks. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 400-4390 Fax: (970) 352-0242 <image005.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any 5 attachments by anyone other than the named recipient is strictly prohibited. From: Karla Ford <kford@weld.gov> Sent: Wednesday, June 19, 2024 2:07 PM To: Bruce Barker <bbarker@weld.gov>; Toby Taylor <ttaylor@weld.gov>; Kevin Ross <kross@weld.gov> Subject: FW: Appeal to Rejected Bid Protest Importance: Hign I am not sure how this process works. Assuming one of you will respond. Bruce, let me know if this needs to be on an upcoming agenda under correspondence. Thanks! Karla Ford Office Manager, Board of Weld County Commissioners 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford@weldgov.com :: www.weldgov.com **Please note my working hours are Monday -Thursday 7:00a.m.- 5:00p.m. ** <image006. jpg> Confidentiality Notice: This electronic transmission and ony attached documents or other writings ore intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Thomas Walker <Thomas.Walkercgosenergy.com> Sent: Wednesday, June 19, 2024 2:03 PM To: Karla Ford <kford@weld.gov> Subject: Appeal to Rejected Bid Protest .; :; : This ema_l originated from outside of Weld County Government. Do not click links or open attachn sender and know the content is safe. Karla, Please see attached for our appeal to our rejected bid protest regarding BID NUMBER: B2400092. Let me know if you have any questions. Thanks, <image007.png> g5SENERGY PETROLEUM June 19, 2024 Senergy Petroleum, LLC 6301 Ralston Rd. Arvada, CO 80002 Board of County Commissioners C/O Weld County SUBJECT: Notice of Award Protest Reference: BID NUMBER: B2400092 To whom it may concern: This letter is to serve notice to The Board of County Commissioners in accordance with Sec. 2-4-10 of the Appeals Process regarding a bid protest aforementioned in the subject matter above. The complaint in question is regarding Weld County Public Works — Fleet Services, evaluation and award of Bid No. B2400092. The basis for our claims are as follows: Failure to Follow Solicitation Requirements: We believe the awardee did not adhere to the stated requirements in the solicitation. Awardee failed to state on their emailed bid delivery, "I hereby waive my right to a sealed bid". It is delineated on the bid forms that all vendors must adhere to the rules set forth. (Reference Solicitation p.1, section 2., subsection Bid Delivery to Weld County, item B.) On June 18th, 2024, Weld County refuted our claims stating that "Weld County reserves the right to waive any informality in the bids'. This informality waiver was only required for one bidder, the resultant Awardee. Improper evaluation of proposal: We believe the determining pricing methodology used may be flawed. Volume was not taken into consideration to determine low bidder. The bid was advertised as "low bid," yet total volume is not being factored in. Further, the pricing structure dictated within the solicitation was based on a `weekly rack average.' A secondary amendment was issued hours before the submission deadline, altering the structure to a `daily, low average'. This change constituted a total revision of the solicitation to amend the pricing structure and methodology to be utilized for the bidding and award purposes. Unequal treatment of bidders: We do not believe that all bidders were given equal treatment in bid evaluation. For example, a request to extend the bid deadline was denied by the County, reflected upon Amendment 1, dated May 1st, 2024. Subsequently, a second amendment was released after business hours on May 6., 2024 (the day before the bid was due) granting m extension until May 9., 2024. We have correspondence discovered (procured from our initial CORA request) leading us to the belief Awardee was the sole beneficiary of the extension. The vast majority of concessions that the County gave, heavily sided with Awardee. (Le. Extending the boundary lines of service by 33%, question(s) asked by Awardee regarding final evaluation was unpublished to all other vendors, see CORA request 2024-271. We believe confidential and proprietary bid language and bid formatting were suggested to the County prior to solicitation opening, by current Awardee that would damage the incumbent's future proposal, see CORA request 2024-271). Senergy Petroleum, LLC holds the position that personal interest is apparent between a former Senergy Petroleum, LLC employee, currently employed by the Awardee, and the County (Reference C.R.S. §)24-18-201 et seq. and f24-50-507). Very Respectfully, Thomas Walker, Regional Sales Director 6301 RALSTON RD I ARVADA, COLORADO 80002 I PH. (303) 424-6262 I GoSenergy.com June 18, 2024 Thomas J. Walker Regional Sales Director Senergy Petroleum 6301 Raiston Rd. Arvada, CO 80002 Via email only to: thomas.walkertfgoseneroy.com RE: Bid Protest B2400092 Mr. Walker, Pursuant to Section 5-4-155 of the Weld County code, you submitted a bid protest for bid B2400092 on June 13, 2024. On June 14, 2024, a memorandum was sent in response identifying the protest was ineligible given the required timeline for protest had expired. On June 14, 2024, you provided additional information identifying rationale for the delayed filing of the protest. Given this information and without waiving its objection to the untimeliness of your appeal, Weld County has considered your protest request and has investigated the matter. The protest alleged three areas that created a perceived deficient bidding process. The first claim identified that one bidder did not include the statement, "I hereby waive my right to a sealed bid". This vendor's bid was submitted electronically through an email. Inherently, the bidder understood that by submitting a bid through an email submission, their bid response would no longer be sealed until the time of bid opening. To this point, item 5 on page 12 of the bid specifications identifies that Weld County reserves the right to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is in the best interests of Weld County. A second item of the protest claimed unequal treatment of bidders. No evidence has been discovered or provided to support this claim. The claim identifies the perception that unequal treatment stemmed from the bid submission timeline being extended to a different date. But the claim also identifies that this extension was provided through transparent communication via the posting of an official addendum on the website for all vendors to view the change of date. This transparency has allowed all bidders the same information. Thus, unequal treatment could not be substantiated. The third item of the protest claims, improper evaluation of proposals and that Synergy's proposal is the better value. During the evaluation, Synergy's submitted proposal was discovered to be incomplete. Synergy's' submission failed to provide any pricing for the 66 line -items under the heading of "Base Price (per gallon)". Further, Synergy's submission failed to provide any pricing for the 66 line -items for the "Total Price (per gallon)". Given Synergy's incomplete response to the bid, Synergy's submitted bid is considered non -responsive. Thus, is eliminated from consideration. Weld County prides itself on maintaining good vendor relationships and being fair to all vendors. We hope you appreciate the fact that to be fair to both Team Petroleum and LP Propane LLC, the information you presented does not justify granting the bid to any other bidder than the lowest qualified bidders, Team Petroleum and LP Propane LLC. Respectfully, CherylPattelli Chief Financial Officer Cc: Bruce Barker, County Attorney David Springer, Director of Fleet Services Toby Taylor, Purchasing Manager Sec. 2-4-10. Appeals process. The Board of County Commissioners shall act as a board of appeals to hear appeals of actions taken by County boards, commissions and departments. Except for decisions made by the Board of Adjustment described in Article VI of Chapter 23 and the Building Code Board of Appeals described in Article X of Chapter 29, procedure for appeals shall be as set forth in this Chapter, by resolution of the Board, or as otherwise provided by law. A. Any person appealing an action by a County board, commission or department to the Board of County Commissioners shall file such an appeal, in writing, with the Clerk to the Board within ten (10) days of the incident in question. Appeals concerning purchases or procurements made in accordance with Chapter 5, Article IV, of this Code shall be filed within five (5) days of the incident in question. B. Such appeal shall include: 1. The name of the employee, board, commission or department against which the appeal is made. 2. A description of the action taken and the basic facts involved in the incident. C. The Clerk to the Board shall schedule a hearing with the Board of County Commissioners, to be held within fifteen (15) calendar days of the filing of the appeal, and shall notify all parties involved in the incident. D. The Board of County Commissioners shall hear all the available facts pertinent to the incident, may schedule a second hearing within thirty (30) days following the initial hearing if the Board determines such a need, and shall render a determination within thirty (30) days of the final hearing. E. No person shall be denied the right to appeal, provided that he or she complies with the administrative procedures established by the Board. Created: 2024-06-14 09:57:26 [EST] (Supp. No. 87) Page 1 of 1 Hello