0550023287BaseContract.pdf
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- Contract number
- 23287
- Issued by
- New York
About this file
This document is a Centralized Contract for Fuel Oil, Heating (Grades #2 and #6, Kerosene, and Bioheating Fuel) between the New York State Office of General Services (OGS) and an unnamed contractor. The contract is a statewide agreement that allows various New York State agencies, political subdivisions, local governments, public authorities, and other eligible entities to purchase heating fuel through a competitively bid contract. The contract was established through Invitation for Bids (IFB) #23287, which was advertised on April 7, 2023.
The contract covers multiple fuel types including No. 2 fuel oil with biodiesel blends (B5, B10, B20), No. 6 fuel oil, and kerosene for numerous New York counties. Pricing is based on weekly OPIS (Oil Price Information Service) postings with adjustments for soybean oil prices, and contractors can make price revisions every Thursday. The contract term is up to two years, commencing after necessary approvals, with the option to extend for three additional years. Minimum delivery requirements range from 150 gallons for tank wagon deliveries to 5,500 gallons for motor transport deliveries. The contract includes provisions for automatic replenishment, emergency deliveries, and specific environmental and sulfur content requirements. Contractors must provide detailed reporting and comply with various state and federal regulations, including minority and women-owned business enterprise (MWBE) participation goals.
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AGREEMENT FOR
FUEL OIL, HEATING (GRADES #2 AND #6,
KEROSENE AND BIOHEATING FUEL) (STATEWIDE)
BY AND BETWEEN
NEW YORK STATE
OFFICE OF GENERAL SERVICES
AND
CONTRACT NUMBER PC_____________
GROUP 05500 – Fuel Oil, Heating (Grade #2, #6, Kerosene, and Bioheating Fuel) PAGE 2
Contract PCXXXXX
Contents
1 INTRODUCTION
1.1 Overview and Scope
1.2 Estimated Quantities
1.3 NYS Comptroller Approval
1.4 Definitions
1.5 Appendices and Attachments
1.6 APPENDICES
1.7 ATTACHMENTS
1.8 Conflict of Terms
2 SPECIFICATIONS
2.1 Product Requirements
2.2 Local Laws and/or Mandates
2.3 Fill and Vent Requirements
2.4 Topping Off Tanks
2.5 Non-Complying Product – Delivery
2.6 Non-Complying Product Delivery Deduction
2.7 Non-Complying Product – Flash Point – Price Deduction
2.8 Non-Complying Product – Water & Sediment Content – Price Deduction
2.9 Non-Complying Product – Viscosity – Price Deduction
2.10 Non-Complying Product – Sulfur Content – Price Deduction
2.11 Non-Complying Product – Ash Content – Price Deduction
2.12 Non-Complying Product – Btu Per Gallon Content – Price Deduction
2.13 Winter Blend Requirements
2.14 Environment Reporting Requirements
2.15 Flash Point
2.16 Water and Sediment
2.17 Viscosity
2.18 Nitrogen
2.19 Sulfur
2.20 ASH Content
2.21 BTU per Gallon Content
2.22 Biodiesel Usage Considerations
2.23 Finished Fuel Requirements for Biodiesel
3 CONTRACT TERMS AND CONDITIONS
3.1 Performance and Bid Bonds
3.2 Supplier Certificate
3.3 Investigation
3.4 Contract Term and Extensions
GROUP 05500 – Fuel Oil, Heating (Grade #2, #6, Kerosene, and Bioheating Fuel) PAGE 3
3.5 Short term Extension
3.6 Price
3.7 OPIS Posting Locations
3.7.1 Location Change or Substitution
3.7.2 Calculation Change or Substitution
3.7.3 Product Change or Substitution
3.8 Price Adjustments/Revisions
3.9 Best Pricing Offer
3.10 Price Structure
3.11 Prevailing Wage Rates – Public Works and Building Services Contracts
3.12 Ordering
3.12.1 Purchasing Card Orders
3.13 Minimum Order
3.14 Invoicing and Payment
3.15 Product Delivery
3.16 Method of Delivery
3.17 Automatic Replenishment
3.18 Delivery Schedules
3.19 Fuels #2 B5, #2 B10, #2 B20, and #6 B5
3.20 Product Returns and Exchanges
3.21 Unanticipated Excessive Purchase
3.22 Contract Administration
3.23 NYS Financial System (SFS)
3.24 Insurance
3.25 Report of Contract Usage
3.26 Contractor Requirements and Procedures for Participation by New York State Certified Minority- and Women-Owned Business Enterprises and Equal Employment Opportunities for Minority Group Members and Women
3.27 Participation Opportunities For New York State Certified Service-Disabled Veteran Owned Businesses . 37
3.28 Environmental Attributes and NYS Executive Order Number 22
3.29 Consumer Products Containing Mercury
3.30 Diesel Emission Reduction Act
3.31 Guarantee
3.32 Engineering Service
3.33 Bulk Delivery and Alternate Packaging
3.34 NYS Vendor Responsibility
3.35 NYS Tax Law Section 5-a
3.36 Non-State Agencies Participation in Centralized Contracts
3.37 Extension of Use
3.38 New Accounts
3.39 Drug and Alcohol Use Prohibited
GROUP 05500 – Fuel Oil, Heating (Grade #2, #6, Kerosene, and Bioheating Fuel) PAGE 4
3.40 Traffic Infractions
3.41 Samples
3.42 Contract Documents; Electronic Format
3.43 Appendix B Modifications
4 GENERAL PROVISIONS
4.1 Notices
4.2 Captions
4.3 Severability
4.4 Counterparts
4.5 Entire Agreement
APPENDICES
Appendix A – Standard Clauses for NYS Contracts (June 2023) Appendix B – General Specifications (April 2016) Appendix C – Federal Funding Agency Mandatory Terms and Conditions
ATTACHMENTS
Attachment 1 – Pricing Attachment 2 – Delivery Schedule – State Agencies Attachment 3 – Delivery Schedule – Non-State Agencies Attachment 4 – Insurance Requirements Attachment 5 – Report of Contract Usage Attachment 6 – Fuel Supplier Certificate
GROUP 05500 – Fuel Oil, Heating (Grade #2, #6, Kerosene, and Bioheating Fuel) PAGE 5
STATE OF NEW YORK
OFFICE OF GENERAL SERVICES
AGREEMENT # PC_________
CENTRALIZED CONTRACT FOR THE ACQUISITION OF
FUEL OIL, HEATING (GRADES #2 AND #6,
KEROSENE AND BIOHEATING FUEL) (STATEWIDE)
THIS AGREEMENT (hereinafter the “Contract” or the “Agreement”) is made this ____ day of _________, 2023, by and between the People of the State of New York, acting by and through the Commissioner of the Office of General Services (OGS), whose office is on the 36th Floor, Corning Tower, Governor Nelson A. Rockefeller Empire State Plaza, Albany, New York 12242 (hereinafter referred to as the “State” or “OGS”) and ________________, having its principal place of business at ________________ (hereinafter referred to as the “Contractor”). OGS and the Contractor are collectively referred to as the “Parties.”
WHEREAS, OGS is statutorily authorized to enter into centralized contracts for commodities for use by New York State agencies, departments, public authorities, political subdivisions and any other entities authorized by statute to utilize its centralized contracts (hereinafter “Authorized Users”); and
WHEREAS, OGS has identified a need by New York State agencies and other Authorized Users for Fuel Oil, Heating (Grades #2 And #6, Kerosene and Bioheating Fuel), as further described herein; and
WHEREAS, OGS conducted a competitive procurement to identify the bidder(s) which could provide the Fuel Oil, Heating (Grades #2 and #6, Kerosene and Bioheating Fuel) at the lowest cost, referred to as IFB #23287 (hereinafter the “IFB” or the “Solicitation”), which was advertised on April 7, 2023 in the New York State Contract Reporter, as required by New York State Economic Development Law; and
WHEREAS, awards were made to Contractors per Item(s) to the responsible bidder that submitted the lowest cost responsive proposal by Item and mode of transport in each county, in accordance with the method of award set forth in the IFB; and
WHEREAS, the State has determined: that the Contractor submitted the lowest cost responsive proposal for the applicable Item(s) as described herein; that the Contractor is a responsible vendor; and that the Contractor is willing to provide the commodities set forth herein under the terms and conditions contained herein;
NOW THEREFORE, in consideration of the terms hereinafter mentioned and also the mutual covenants and obligations moving to each party hereto from the other, the Parties hereby agree as follows:
GROUP 05500 – Fuel Oil, Heating (Grade #2, #6, Kerosene, and Bioheating Fuel) PAGE 6
1 INTRODUCTION
1.1 Overview and Scope
The purpose of this Contract is to provide Authorized Users with a means of acquiring various grades of Fuel
Oil, e.g., Heating (Grades #2, #6, Kerosene, and bioheating) by bulk delivery to Authorized Users’ storage facility for use by Authorized Users. The product shall be Contractor furnished, delivered and unloaded as specified herein.
All products provided under this Contract shall be homogenous fuel oil, kerosene, or biodiesel blends suitable for burner appliances, and they shall conform to the requirements of ASTM D396 (Fuel Oil), ASTM D3699
(Kerosene), ASTM D6751, biodiesel or latest revision(s) thereof, or approved equivalent method, except as listed differently elsewhere herein.
This Contract is based on the fuel oil (heating) requirements submitted to OGS by Authorized Users in various counties. The specific users, counties and tanks are listed in the Delivery Schedules. See Attachments 2 and 3.
There shall be no blending of other than pure distillates or unused residual fuel oils for product provided via this contract.
This Contract includes the following fuel types for the following counties:
Item Number County Fuel Type OPIS Posting Location
1 Albany 2-TW B5 Albany
2 Albany 2-TW B20 Albany
3 Albany 2-MT B5 Albany
4 Albany 2-MT B10 Albany
5 Albany 6-MT (0.5%) B5 Boston 0.5%
6 Albany KERO (Heating) Albany
7 Bronx 2-TW B5 Long Island
8 Bronx 2-MT B5 Long Island
9 Broome 2-TW B5 Syracuse
10 Broome 2-TW B10 Syracuse
11 Broome 2-MT B5 Syracuse
12 Broome KERO (Heating) Syracuse
13 Cayuga KERO (Heating) Syracuse
14 Chemung 2-TW B5 Syracuse
15 Chemung 2-MT B5 Syracuse
16 Chemung KERO (Heating) Syracuse
17 Chenango 2-TW B5 Utica
18 Clinton 2-TW B5 Albany
19 Clinton 2-TW B10 Albany
20 Clinton 2-TW B20 Albany
21 Clinton 2-MT B5 Albany
22 Clinton 2-MT B10 Albany
23 Clinton KERO (Heating) Albany
24 Columbia 2-TW B5 Newburgh
GROUP 05500 – Fuel Oil, Heating (Grade #2, #6, Kerosene, and Bioheating Fuel) PAGE 7
25 Columbia 2-MT B5 Newburgh
26 Columbia 2-MT B10 Newburgh
27 Columbia KERO (Heating) Newburgh
28 Cortland 2-TW B5 Syracuse
29 Delaware 2-TW B5 Albany
30 Delaware 2-TW B20 Albany
31 Delaware 2-MT B5 Albany
32 Delaware 2-MT B20 Albany
33 Delaware KERO (Heating) Albany
34 Dutchess 2-TW B5 Newburgh
35 Dutchess 2-MT B5 Newburgh
36 Dutchess KERO (Heating) Newburgh
37 Erie 2-TW B5 Buffalo
38 Erie 2-MT B5 Buffalo
39 Erie KERO (Heating) Buffalo
40 Essex 2-TW B5 Albany
41 Essex 2-TW B10 Albany
42 Essex 2-MT B5 Albany
43 Essex KERO (Heating) Albany
44 Franklin 2-TW B5 Albany
45 Franklin 2-MT B5 Albany
46 Franklin 2-MT B10 Albany
47 Franklin 2-MT B20 Albany
48 Franklin KERO (Heating) Albany
49 Greene 2-TW B5 Newburgh
50 Greene 2-MT B5 Newburgh
51 Hamilton 2-TW B5 Utica
52 Hamilton 2-MT B5 Utica
53 Hamilton KERO (Heating) Utica
54 Herkimer 2-MT B5 Utica
55 Jefferson 2-TW B5 Utica
56 Jefferson 2-TW B10 Utica
57 Jefferson 2-MT B5 Utica
58 Jefferson KERO (Heating) Utica
59 Kings 2-TW B5 Long Island
60 Kings 2-TW B20 Long Island
61 Kings 2-MT B5 Long Island
62 Lewis 2-TW B5 Utica
63 Livingston 2-TW B5 Buffalo
64 Madison 2-TW B5 Utica
65 Madison KERO (Heating) Utica
GROUP 05500 – Fuel Oil, Heating (Grade #2, #6, Kerosene, and Bioheating Fuel) PAGE 8
66 Monroe 2-TW B10 Buffalo
67 Monroe 2-MT B5 Buffalo
68 Montgomery 2-TW B5 Utica
69 Nassau 2-TW B5 Long Island
70 Nassau 2-TW B10 Long Island
71 Nassau 2-TW B20 Long Island
72 Nassau 2-MT B5 Long Island
73 New York 2-TW B5 Long Island
74 New York 2-MT B5 Long Island
75 Oneida 2-TW B5 Utica
76 Oneida 2-TW B10 Utica
77 Oneida 2-TW B20 Utica
78 Oneida 2-MT B5 Utica
79 Oneida KERO (Heating) Utica
80 Onondaga 2-TW B5 Utica
81 Onondaga KERO (Heating) Utica
82 Orange 2-TW B5 Newburgh
83 Orange 2-TW B20 Newburgh
84 Orange 2-MT B5 Newburgh
85 Orange KERO (Heating) Newburgh
86 Orleans 2-TW B5 Buffalo
87 Orleans 2-TW B10 Buffalo
88 Orleans KERO (Heating) Buffalo
89 Otsego 2-TW B5 Albany
90 Otsego 2-MT B5 Albany
91 Otsego KERO (Heating) Albany
92 Putnam 2-TW B5 Newburgh
93 Putnam 2-MT B5 Newburgh
94 Queens 2-MT B5 Long Island
95 Rensselaer 2-TW B5 Albany
96 Rensselaer 2-TW B10 Albany
97 Rensselaer KERO (Heating) Albany
98 Richmond 2-TW B5 Long Island
99 Richmond 2-MT B5 Long Island
100 Rockland 2-TW B5 Newburgh
101 Rockland 2-TW B10 Newburgh
102 Rockland 2-MT B5 Newburgh
103 Rockland KERO (Heating) Newburgh
104 Saratoga 2-TW B5 Albany
105 Saratoga 2-MT B5 Albany
106 Saratoga KERO (Heating) Albany
GROUP 05500 – Fuel Oil, Heating (Grade #2, #6, Kerosene, and Bioheating Fuel) PAGE 9
107 Schenectady 2-TW B5 Albany
108 Schenectady 2-TW B10 Albany
109 Schoharie 2-TW B5 Albany
110 Schoharie 2-TW B10 Albany
111 Schoharie 2-TW B20 Albany
112 Schoharie 2-MT B5 Albany
113 Schoharie 2-MT B10 Albany
114 Schoharie KERO (Heating) Albany
115 Seneca 2-TW B5 Syracuse
116 Seneca KERO (Heating) Syracuse
117 St Lawrence 2-TW B5 Albany
118 St Lawrence 2-TW B10 Albany
119 St Lawrence 2-MT B5 Albany
120 St Lawrence 2-MT B10 Albany
121 St Lawrence KERO (Heating) Albany
122 Suffolk 2-TW B5 Long Island
123 Suffolk 2-MT B5 Long Island
124 Sullivan 2-TW B5 Newburgh
125 Sullivan 2-MT B5 Newburgh
126 Sullivan KERO (Heating) Newburgh
127 Tioga 2-MT B5 Syracuse
128 Tompkins 2-TW B5 Syracuse
129 Ulster 2-TW B5 Newburgh
130 Ulster 2-MT B5 Newburgh
131 Ulster KERO (Heating) Newburgh
132 Warren 2-TW B5 Albany
133 Warren 2-TW B10 Albany
134 Warren 2-MT B10 Albany
135 Warren KERO (Heating) Albany
136 Washington 2-TW B5 Albany
137 Washington 2-MT B5 Albany
138 Washington KERO (Heating) Albany
139 Westchester 2-TW B5 Long Island
140 Westchester 2-TW B20 Long Island
141 Westchester 2-MT B5 Long Island
142 Westchester 2-MT B20 Long Island
1.2 Estimated Quantities
This Contract is an estimated quantity Contract. No specific quantities are represented or guaranteed, and the
State provides no guarantee of individual Authorized User participation. The estimated quantities are based on requirements submitted to OGS by Authorized Users to purchase from this Contract. These Authorized Users have agreed not to enter into any other contracts for Fuel Oil (Heating) they filed for during the Contract period
GROUP 05500 – Fuel Oil, Heating (Grade #2, #6, Kerosene, and Bioheating Fuel) PAGE 10 and will purchase all their Fuel Oil (Heating) requirement needs from awarded contracts. The Contractor must furnish all quantities actually ordered at or below the Contract prices. The individual value of each resultant
Contract is indeterminate and will depend upon the number of Contracts issued and the competitiveness of the pricing offered, see Section 3.15 - 3.18 Delivery Clauses.
Numerous factors could cause the actual quantities of Products purchased under this Contract to vary substantially from the estimated quantities. Such factors include, but are not limited to, the following:
• There is no guarantee of quantities to be purchased, nor is there any guarantee that demand will continue in any manner consistent with previous purchases.
• The individual value of this Contract is indeterminate and will depend upon actual Authorized User demand and actual quantities ordered during the contract period.
• The State reserves the right to terminate any Contract prior to the end of the term pursuant to the terms and conditions of the Contract. Appendix B, Section 43 (Termination) subparagraph (b) (For Convenience) is hereby deleted for purposes of this Contract.
• Contract pricing that is lower than anticipated could result in a higher quantity of purchases by Authorized Users than anticipated.
• In accordance with Section 3.18, Delivery Schedules, the Contractor shall accept orders from and deliver to any State Agency placing an order through this contract even if the State Agency does not appear on the Delivery Schedule and may accept orders for any non-State Agency or Political Subdivision not appearing on the Delivery Schedule.
• Contract pricing that is higher than anticipated could result in a lower quantity of purchases by Authorized Users than anticipated.
Contractor acknowledges the foregoing and agrees that actual good faith purchasing volumes during the term of the resulting Contract could vary substantially from the estimated quantities provided.
1.3 NYS Comptroller Approval
In accordance with Section 112 of the State Finance Law, this Contract shall not be valid, effective or binding upon the State until such Contract has been approved by the Office of the New York State Comptroller (“OSC”).
Purchase orders or other procurement transactions issued under this Contract may also be subject to OSC approval.
1.4 Definitions
Capitalized terms used in this Contract shall be defined in accordance with Appendix B, Definitions, or as set forth below.
“ASTM” The acronym, “ASTM” shall be used as a designation for the American Society for Testing and Materials. All ASTM references in the specification are understood to refer to the most recent edition of that specification/standard.
“Bioblend” is a mixture of biodiesel with either #2 fuel oil or #6 fuel oil.
“Biodiesel (B100)” a fuel comprised of mono-alkyl esters of long chain fatty acids derived from vegetable oils or animal fats, designated B100 or 100% biodiesel fuel, as defined in ASTM D6751 or latest revision thereof.
ASTM D6751 covers low sulfur biodiesel (B100) for use as a blend component with diesel or other fuel oils.
“Business Day” shall refer to Monday through Friday from 8:00 AM – 5:00 PM ET, excluding NYS Holidays and federal holidays.
“Delivery” shall be the act of taking an ordered product to a person or place. Refer to Section 3.15, Product Delivery.
“Human Needs Customer” High priority customer such as residences hospitals and nursing homes for which failure to get heating oil could be life threatening.
“IP” shall be used as a designation for the Institute of Petroleum.
GROUP 05500 – Fuel Oil, Heating (Grade #2, #6, Kerosene, and Bioheating Fuel) PAGE 11
“Item” shall mean a specific fuel type (column C of Attachment 1) in a specific county (column B of Attachment
1) with its own unique number assigned to it as listed in column A of Attachment 1.
“Kerosene” a thin oil distilled from petroleum or shale oil, used as a fuel for heating and cooking.
“May” denotes the permissive in a Contract clause or specification. “May” does not mean “required.” See also “Shall” and “Must.”
“MT” shall refer to delivery by Motor Transport. Minimum delivery of 5,500 gallons at one time into one or more storage tanks at one location (one delivery ID from the Delivery Schedule), “Must” denotes the imperative in a Contract clause or specification. “Must” is synonymous with “required.” See also “Shall” and “May.”
“MWBE” shall refer to a business certified with NYS Empire State Development (“ESD”) as a Minority- and/or
Women-owned Business Enterprise.
“No. 2 (#2)” The symbol No. 2 and/or #2 shall be used as a grade designation for distillate fuel oil meeting the requirements of ASTM D396.
“No. 6 (#6)” The symbol No. 6 and/or #6 shall be used as a grade designation for heavy residual fuels meeting the requirements of ASTM D396 used in industrial burners equipped for this viscosity range. Preheating is usually required for handling and proper atomization of this product.
“No. 2B5 (#2 B5)” The symbol No. 2B5 or #2 B5 shall be used as a grade designation for distillate fuel oil that is a mix of 95% petroleum and 5% soy-based product meeting the requirements of ASTM D396 or latest revision thereof (Fuel Oil).
“No. 2B10 (#2 B10)” The symbol No. 2B10 or #2 B10 shall be used as a grade designation for distillate fuel oil that is a mix of 90% #2 fuel and 10% B100 with the blended product meeting the requirements of ASTM D7467.
“No. 2B20 (#2 B20)” The symbol No. 2B20 or #2 B20 shall be used as a grade designation for distillate fuel oil that is a mix of 80% #2 fuel and 20% B100 with the blended product meeting the requirements of ASTM D7467.
“No. 6 B5 (#6 B5)” The symbol No. 6B5 or #6 B5 shall be used as a grade designation for heavy residual fuels that is a mix of 95% #6 fuel and 5% B100 meeting ASTM D396.
“NYS Holidays” refers to the legal holidays for State employees in the classified service of the executive branch, as more particularly specified on the website of the NYS Department of Civil Service. This includes the following: New Year’s Day; Dr. Martin Luther King, Jr. Day; Washington’s Birthday (observed); Memorial Day;
Juneteenth; Independence Day; Labor Day; Columbus Day; Veterans’ Day; Thanksgiving Day; and Christmas
Day.
“NYS Vendor ID” is a unique ten-character identifier issued by the NYS Office of the State Comptroller (OSC) when the vendor is registered on the Vendor File System.
“Posting Day” and “Posted Price” shall refer to the actual OPIS day the prices are posted.
“Preferred Source Products” shall refer to those Products that have been approved in accordance with New
York State Finance Law § 162.
“Preferred Source Program” shall refer to the special social and economic goals set by New York State in
State Finance Law § 162 that require a governmental entity purchase select Products from designated organizations when the Products meet the “form, function and utility” requirements of the governmental entity.
Under State Finance Law § 163, purchases of Products from Preferred Sources are given the highest priority and are exempt from the competitive bidding requirements. The New York State Preferred Sources include:
The Correctional Industries Program of the Department of Corrections and Community Supervision (“Corcraft”);
New York State Preferred Source Program for People Who Are Blind (“NYSPSP”); and the New York State
Industries for the Disabled (“NYSID”). These requirements apply to a state agencies, political subdivisions and public benefit corporations (including most public authorities).
GROUP 05500 – Fuel Oil, Heating (Grade #2, #6, Kerosene, and Bioheating Fuel) PAGE 12
“Procurement Services” shall refer to a business unit of OGS, formerly known as New York State
Procurement (“NYSPro”) and Procurement Services Group (“PSG”).
“Prompt Delivery” shall refer to any delivery that is completed within the Contractor’s specified guaranteed delivery time.
“Prompt Will-call” shall refer to the time an Authorized User places an order.
“SDVOB” shall refer to a NYS-certified Service-Disabled Veteran-Owned Business
“Shall” denotes the imperative in a Contract clause or specification. “Shall” is synonymous with “required”. See also “Must” and “May”.
“TW” shall refer to delivery by Tank Wagon of less than 5,500 gallons.
1.5 Appendices and Attachments
The following appendices and attachments, attached hereto, are hereby expressly made a part of this Contract as fully as if set forth at length herein.
1.6 APPENDICES
Appendix A – Standard Clauses for NYS Contracts (June 2023) Appendix B – General Specifications (April 2016) Appendix C – Federal Funding Agency Mandatory Terms and Conditions
1.7 ATTACHMENTS
Attachment 1 – Pricing Attachment 2 – Delivery Schedule – State Agencies Attachment 3 – Delivery Schedule – Non-State Agencies Attachment 4 – Insurance Requirements Attachment 5 – Report of Contract Usage Attachment 6 – Fuel Supplier Certificate
1.8 Conflict of Terms
Conflicts among the documents shall be resolved in the following order of precedence:
1. Appendix A, Standard Clauses for New York State Contracts;
2. This document;
3. Appendix C, Federal Emergency Management Agency Term and Conditions
4. Appendix B, General Specifications
5. Attachment 1 – Pricing;
6. Attachment 2 – Delivery Schedule – State Agencies;
7. Attachment 3 – Delivery Schedule – Non-State Agencies;
8. Attachment 4 – Insurance Requirements;
9. Attachment 5 – Report of Contract Usage
10. Attachment 6 – Fuel Supplier Certificate
2 SPECIFICATIONS
2.1 Product Requirements
Contractor guarantees that the product supplied will meet or exceed the minimum specifications listed in this Section.
GROUP 05500 – Fuel Oil, Heating (Grade #2, #6, Kerosene, and Bioheating Fuel) PAGE 13
SUMMARY OF EPA SULFUR CONTENT (REQUIREMENTS)
Sulfur in Fuel Limitation
Maximum percent sulfur by weight - ASTM - D129 or D4294 or latest revision(s) thereof (or legal local limit per EPA requirements when stricter) Residual Distillate Geographical Area of the State #6 and biodiesel #1 & #2 and biodiesel Blends B5,B10, &B20
New York City 0.30 0.0015
Nassau, Rockland, and Westchester Co. 0.37 0.0015
Suffolk County: Towns of Babylon, Brookhaven, Huntington, Islip and Smith Town .50 0.0015
Erie and Niagara Counties .50 0.0015
Remainder of State .50 0.0015 Owners and/or operators of commercial, industrial, or residential emission sources that fire number two heating oil on or after July 1, 2012 are limited to the purchase of number two heating oil with 0.0015 percent sulfur by weight or less.
Owners and/or operators of a stationary combustion installation that fires distillate oil other than number two heating oil are limited to the purchase of distillate oil with 0.0015 percent sulfur by weight or less on or after July 1, 2014.
Owners and/or operators of any stationary combustion installation that fires distillate oil including number two heating oil are limited to the firing of distillate oil with 0.0015 percent sulfur by weight or less on or after July 1, 2016.
TABLE I
A.S.T.M. Kerosene REQUIREMENT TEST NO. (see Note) No.1 No. 2
Gravity, °API Minimum: D1298 36 35 30 Maximum: D287 52 46 38 D4052 Flash Point; °F Minimum: 100 100 ---- Minimum: D93 ---- ---- 120
Freeze Point, °F Maximum: D2386 -22°F ---- ---- Pour Point, °F Maximum : D97 ---- -9 21 Water & Sediment, %Volume, D1796 Maximum: D473 None Trace Trace Viscosity, SUS/100°F D2161 Maximum: D445 (IP #71-84) ---- 33 38 Minimum: ---- ---- 33
GROUP 05500 – Fuel Oil, Heating (Grade #2, #6, Kerosene, and Bioheating Fuel) PAGE 14
Viscosity, Kinematic, D445 Maximum: 1.9 2.2 3.6 (Centistokes @104°F)\ Minimum: 1.0 1.4 1.8 Carbon Residue, %Maximum by Weight based on D189 10% distillate residue: ---- 0.10 0.35 based on Total residue: ---- ---- ---- Ash, % maximum by weight: D482 ---- 0.05 0.05 Corrosion, Maximum 3 hours D130 Strip Strip Strip @122°F #3 #3 #3 Sulfur, wt. % Maximum D129 0.0015 0.0015 0.0015 Or Legal Local Limit Per EPA requirements when stricter BTU Per Gallon, Minimum D240 131,000 136,000 139,000 (Bomb Calorimeter)
Cloud Point, °F Nominal D5772 -35 -35 40
NOTES ON CLOUD POINT REQUIREMENTS:
This note is intended to provide information and guidance to end users of the fuels described in the Table I with respect to cloud point requirements and to low temperature performance of these fuels in general. Cloud point of fuel is the temperature at which wax crystals begin to form in the fuel and, as such, can be an indicator of the temperature at which users may begin to experience operational problems relating to filter clogging, etc.
However, numerous factors can contribute to operational problems relating to fuel temperature including filter type, condition, fuel feed rate, fuel viscosity, equipment condition and numerous other factors. For these reasons, cloud point may not necessarily well correlate with such problems but may be used as an indicator of temperatures where users may begin to experience operational difficulties. It should be noted that the No. 2 fuel oil specification (ASTM D396 or latest revision thereof) does not contain requirements for cloud point. It is important for end users to realize that the cloud point requirements listed need to be viewed as guidance regarding fuel considerations in low temperature conditions. Users having fuel storage locations that are known to experience temperatures as low or lower than the cloud points listed should consult with the fuel vendor to assure that fuel delivered to such locations will be appropriate for low temperature storage and use. Some measures to consider in consultation with fuel vendors may be the use of fuel additives or the further blending of fuel with very low pour point/cloud point fuels such as kerosene. Such measures are the sole responsibility of the end users and should be discussed and arranged with fuel vendors in advance of any delivery. Please see the section WINTER BLEND REQUIREMENTS earlier in this document for further guidance.
NOTE:
In addition to the other requirements of this specification, Kerosene shall pass a sixteen (16) hour burning test, after first weighing, using ASTM test method D187 or latest revision thereof, or approved equivalent method with the following minimum results at the end of the required burn period:
a. Maximum flame drop: 5mm (0.197”);
b. Maximum change - flame width: 6mm (0.236”);
c. No mushroom development;
d. Only slight white deposit permissible on globes;
e. Tensile strength of wick fibre shall be uninjured;
f. Maximum char: 1/4”;
g. Steady, free-burning without undue sensitivity to drafts;
h. Flame shall hold its shape for duration of test; and I. Rate of Burning, after 1st weighing, shall be 18 thru 26 grams per hour.
GROUP 05500 – Fuel Oil, Heating (Grade #2, #6, Kerosene, and Bioheating Fuel) PAGE 15
TABLE II
Heavy residual fuel oil (#6) shall conform to the following requirements:
1 .50% Max. 1.00% Max. 0.50% Max. 0.30% Max.
A.S.T.M. Sulfur D129 Sulfur D129 Sulfur D129 Sulfur D129 Test No. or D4294 or D4294 or D4294 or D4294 Gravity (60°F) Min. 6.0 Min. 10.0 Min. 10.0 Min. 10.0 D287 Max. 18.0 Max. 20.0 Max. 23.0 Max. 25.0 Flash Point F° D93 Min. 140 Min. 140 Min. 140 Min. 140 Viscosity at 122°F Min. 140 Min. 100 Min. 50 Min. 30
D2161 Max. 300 Max. 300 Max. 300 Max. 300
NOTE: Viscosity Std. per ASTM #D396, Table #2, Saybolt Furol Seconds [DO NOT REVISE].
All #6 fuel oil regardless of sulfur content:
Water by Distillation (D95): Water Content shall not exceed 1.0%;
Sediment by Extraction (D473): Sediment content shall not exceed 0.5%;
Total Water & Sediment: W & S combined content shall not exceed 1.5%.
(D95() + (D473 or D1796) Ash (% by weight) D482 Max. 0.100 Max. 0.100 Max. 0.100 Max. 0.100 Carbon Residue, % Weight based on Total residue: 17% max.
D189 regardless of sulfur content BTU per gallon D240 Min. 149,000 Min. 147,000 Min. 144,000 Min. 143,000
2.2 Local Laws and/or Mandates
The State makes no guarantee that the filed requirements submitted by Authorized Users are in compliance with any applicable local laws or mandates regarding fuel types, such as the New York City Biodiesel Mandate.
During the term of this Contract, Authorized Users and Contractor will share responsibility for ensuring and maintaining compliance with any applicable local laws or mandates regarding fuel types.
2.3 Fill and Vent Requirements
Agencies must ensure that fill and vent equipment adequately meet NYS Standards. Contractors have the responsibility of reporting faulty equipment to the end users and the appropriate NYS regulatory agencies.
NOTE: Contractor’s delivery trucks WILL BE EQUIPPED WITH METERS, with the exception of motor transports, to accurately measure quantities delivered. Metered deliveries must be accompanied by a delivery ticket showing brand or grade and number of gallons delivered.
Supplementing Clauses 31 and 32 of Appendix B, General Specifications for Procurement Contracts, orders will call for delivery within a specified number of hours after date of order. As much time as possible will be allowed the Contractor for making deliveries; however, the Contractor shall be in a position to make bulk deliveries within forty-eight (48) hours after receipt of order.
Contractor must be prepared, at all times, to make prompt delivery as ordered. In State declared emergencies, fuel must be delivered within eight (8) to twelve (12) hours of notification. Contractors must be prepared to deliver in a timely manner, on a one-time basis per Agency tank, that amount of fuel oil necessary to fill subject tanks for the purpose of tank testing conducted by OGS at various locations providing minimum order requirements are met. (See “MINIMUM ORDER SIZE” clause).
GROUP 05500 – Fuel Oil, Heating (Grade #2, #6, Kerosene, and Bioheating Fuel) PAGE 16
Normal deliveries are considered to be Monday thru Friday. Saturday/Sunday deliveries are to be made on an emergency basis (and not a regular basis) ONLY, unless agreed upon by both Authorized User and Contractor.
Agencies are responsible for making certain that the delivery site is made ready for proper delivery by the Contractor. Failure of the agency to make appropriate arrangements preventing delivery of product upon Contractor’s arrival at delivery site may result in a charge to the agency for the Contractor’s transportation costs for that particular trip. Agencies should also make certain that receiving personnel are available at time of delivery.
Agencies should also refer to CL-804 dated July 7, 2014, as they are responsible for the implementation of monitoring programs to ensure compliance by supplier with these specification requirements. Circular Letters (CL) are found on the OGS website under Announcements.
2.4 Topping Off Tanks
Agency requests to top-off tanks for testing purposes must be honored as described elsewhere herein.
The requesting agency may be required to sign a waiver of liability and responsibility on behalf of the Contractor.
Contractor must maintain service facilities and have trained personnel qualified to service the product furnished at the using agency within 48 hours.
2.5 Non-Complying Product – Delivery
Deliveries of fuel oil may be sampled at the Contractor’s loading point or at the point of delivery by a representative of the purchasing Agency’s personnel. The methods of sampling and testing will be as listed elsewhere herein.
When it is found that fuel oil delivered does not comply with the specification requirements, the Contractor, at its own cost and expense, may be required to remove all such sub-standard fuel oil from the purchaser’s tank(s) and replace it with fuel oil meeting the specifications, if such removal is so instructed by the purchasing agency within a maximum time period of twenty-four (24 hrs.) hours.
When an inspection of the tank(s) after the removal of the sub-standard product indicates that the delivered product has rendered the tank(s) unsuitable for use, then the Contractor may be responsible for cleaning of the tank(s) so affected.
2.6 Non-Complying Product Delivery Deduction
Deductions shown hereafter will be made from the invoice price, or subsequent agency invoices, for delivering fuel oil that does not comply with the detailed specifications, whether or not the fuel oil in question has been consumed by the purchasing Agency. The maximum of all combined deductions shall not exceed ten (10%) percent for an individual delivery, excluding gallon adjustments for temperature and/or water & sediment in excess of one percent.
2.7 Non-Complying Product – Flash Point – Price Deduction
When the delivered fuel oil’s flash point is found to be lower than the minimum requirement, but not greater than six (6) degrees Fahrenheit lower than that minimum; a deduction from the contracted price shall be taken at the rate of one-half (0.5%) percent for every two (2) degrees Fahrenheit below the specified limit.
Additionally, when the delivered fuel oil’s flash point is found to be lower than the minimum requirement by greater than six (6) degrees Fahrenheit; a deduction from the contracted price shall be taken at the rate of one (1.0%) percent for every two (2 degrees Fahrenheit) below the specified limit which is greater than 6 degrees Fahrenheit lower. (i.e., 10 degrees below specification limit: the deduction for the 1st 6 degrees Fahrenheit is 1.5%; the deduction for the next 4 degrees Fahrenheit is 2%; and the total deduction is 3.5% for being ten degrees Fahrenheit below the limit).
GROUP 05500 – Fuel Oil, Heating (Grade #2, #6, Kerosene, and Bioheating Fuel) PAGE 17
2.8 Non-Complying Product – Water & Sediment Content – Price Deduction
When the delivered fuel oil’s water and sediment content is found to be greater than three hundredths (0.03%) of a percent for Kerosene, No. 1 and No. 2, a deduction from the contracted price shall be taken at the rate of one (1%) percent for every two hundredths (0.02%) of a percent above the specified limit (i.e., 0.02% above limit equals a 1% deduction, 0.04% above limit equals a 2% deduction, and 0.06% above equals a 3% deduction).
No. 6 fuel oil shall have an adjustment in quantity in lieu of the aforementioned price percentage adjustment.
The No. 6 fuel oil deduction in quantity shall be made for all water and sediment in excess of one (1.0%) per cent volume, i.e., 30000 gallons delivered with two (2% or 0.02) percent combined water & sediment by volume: 30,000 x (0.02 - 0.01) equals a three hundred (300) gallon deduction. Payment should be adjusted for a 29,700-gallon delivery.
2.9 Non-Complying Product – Viscosity – Price Deduction
When the delivered fuel oil’s viscosity is found to be greater than two (2) seconds above the specified maximum requirements, a deduction from the contracted price shall be taken at the rate of one tenth (.1%) percent for every two seconds above the specified limit. (i.e., 2 seconds above limit equals a .1% deduction, 4 seconds above limit equals a .2% deduction, 6 seconds above equals a .3% deduction).
2.10 Non-Complying Product – Sulfur Content – Price Deduction
When the delivered fuel oil’s sulfur content is found to be greater than one tenth (0.10%) of a percent above the specified maximum requirements for the respective delivery area a deduction from the contracted price shall be taken at the rate of one (1%) percent for every one tenth (0.10%) of a percent above the specified limit. (i.e., 0.10% above limit equals a 1% deduction, 0.20% above limit equals a 2% deduction, and 0.30% above equals a 3% deduction).
2.11 Non-Complying Product – Ash Content – Price Deduction
When the delivered fuel oil’s ash content is found to be greater than two thousandths (0.002%) of a percent above the maximum but less than two hundredths (0.02%) of a percent above the specified maximum ash requirement, a deduction from the contracted price shall be taken at the rate of one (1.0%) percent of the total price.
When the delivered fuel oil’s ash content is found to be two hundredths (0.02%) of a percent, or more, above the maximum but less than four hundredths (0.04%) of a percent above the specified maximum ash requirement, a deduction from the contracted price shall be taken at the rate of two (2.0%) percent of the total price.
When the delivered fuel oil’s ash content is found to be four hundredths (0.04%) of a percent, or more, above the maximum but less than six hundredths (0.06%) of a percent above the specified maximum ash requirement, a deduction from the contracted price shall be taken at the rate of four (4.0%) percent of the total price.
When the delivered fuel oil’s ash content is found to be six hundredths (0.06%) of a percent, or more, above the specified maximum, but less than eight hundredths (0.08%) of a percent above the specified maximum ash requirement, a deduction from the contracted price shall be taken at the rate of six (6.0%) percent of the total price.
When the delivered fuel oil’s ash content is found to be eight hundredths (0.08%) of a percent, or greater, above the specified maximum requirements for the ash content, a deduction based on the contracted price shall be assessed at the rate of ten (10%) percent of the total price of the product regardless of whether the fuel oil delivery is removed or not removed.
When the delivered fuel oil's ash content is found to be greater than the maximum allowed in Table I or Table II (as appropriate for the fuel grade) a deduction from the total price shall be taken as described in the following summary table.
GROUP 05500 – Fuel Oil, Heating (Grade #2, #6, Kerosene, and Bioheating Fuel) PAGE 18
Ash content (%) greater than
Ash content (%) less than
Deduction taken on Total
Price
Spec Req.
+0.002%
Spec Req.
+0.02%
1.0%
Spec Req.
+0.02%
Spec Req.
+0.04%
2.0%
Spec Req.
+0.04%
Spec Req.
+0.06%
4.0%
Spec Req.
+0.06%
Spec Req.
+0.08%
6.0%
Spec Req.
+0.08%
10.0% regardless if fuel removed or not
2.12 Non-Complying Product – Btu Per Gallon Content – Price Deduction
The respective grade of fuel oil provided under State contract must meet the minimum BTU per gallon requirements for each sulfur level as described herein. If the fuel oil, which is subject to independent testing laboratory analysis is found to be non-conforming with these specifications pertaining to BTU per gallon levels, a deduction will be assessed against the contractor by adjusting the invoice as follows:
When the product delivered contains less than the permitted minimum BTU per gallon level, the invoice will be adjusted by dividing the actual BTU/gallon level delivered by the minimum BTU/gallon requirement for the type of fuel oil purchased, multiplying the quotient by the contract adjusted per gallon price at the time of delivery, and then multiplying that figure by total gallons delivered.
EXAMPLE
For delivery of 1.0% maximum sulfur No. 6:
Gallons delivered - 4000
BTU/gallon per analysis - 145,000
BTU/gallon per specification - 147,000
145,000 X price/gallon X 4,000 = adjusted total product
147,000 cost on invoice
NOTE: When more than the minimum BTU/gallon levels are delivered, there will be no adjustment of price, and delivery will be considered in conformance with this provision of the specifications relative to its BTU content.
Address inquiries relative to these Specifications to OGS.sm.PS_CM_FleetFuelRoads@ogs.ny.gov
2.13 Winter Blend Requirements
Contractors of bioblends, at their option, may provide a winter blend upon agency request. Invoice for winter blend will show separate pricing for bio-blends and kerosene as necessary. The price for bioblends, shall be the contract price and the price for kerosene but the kerosene shall be no greater than the contractor’s prevailing price for kerosene (or, if applicable, contractor’s awarded price for kerosene). Agencies shall obtain price quote for kerosene prior to ordering and the State reserves the right to determine if price is reasonable. If agreement on price cannot be obtained, agencies shall follow purchasing guidelines to purchase winter blend in the open market. If additives rather than kerosene are used to provide winter protection, the contractor is allowed to charge market price for additives, and as with kerosene, list price as a separate line item on invoice.
mailto:OGS.sm.PS_CM_FleetFuelRoads@ogs.ny.gov
GROUP 05500 – Fuel Oil, Heating (Grade #2, #6, Kerosene, and Bioheating Fuel) PAGE 19
2.14 Environment Reporting Requirements
Certain customers using the State fuel oil contract must provide reports regarding the emissions from their fuel oil heating plants. At the customers’ request, the contractor will be required to provide written documentation for each delivery to prove that the fuel delivered is in compliance with EPA standards in effect for the type of fuel delivered to the customer under the State fuel oil contract. OGS Procurement Services has provided a fuel supplier certificate (see Attachment 6), which can be used for this purpose. Contractors can use another form of reporting (such as Bill of Lading/Delivery Ticket) providing the following information is included:
FOR DISTILLATE OIL:
1) Supplier's name and address
2) The date/deliveries covered by the certificate
3) The type of fuel delivered
4) Sulfur content of the fuel
5) Heating value (BTU)
6) A signed statement that the fuel complies with ASTM D396-Standard Specifications for fuel oil or latest revision thereof
7) Location of the oil when tested
8) Test method used to determine the sulfur content of the oil
2.15 Flash Point
The specified minimum Flash Point for Fuel Oils provided under this contract shall be as specified in Table I and Table II, elsewhere herein, for the respective fuel oil being provided. Delivered product having a flash point below that specified in Table I or Table II, but not greater than twenty (20) degrees Fahrenheit less shall be adjusted in price as specified elsewhere herein for NON-COMPLYING PRODUCT. Delivered product having a flash point greater than twenty (20) degrees Fahrenheit below that specified shall be removed from the purchasing agency’s tank and replaced with product conforming to specifications. The Flash Point shall be determined using ASTM Test Method D93 (IP #34/85) or latest revision thereof.
2.16 Water and Sediment
The specified maximum Water & Sediment content for Fuel Oils provided under this contract shall be as specified in Table I and Table II, elsewhere herein. Delivered product having a water & sediment content greater than the specified percent shall be adjusted in price as specified elsewhere herein for NON- COMPLYING PRODUCT. Delivered product having a water & sediment greater than the specified percent shall be removed from the purchasing agency’s tank and replaced with product conforming to specifications, at purchasing agency’s discretion based on excessive filter maintenance and/or poor burner performance. The Water & Sediment content shall be determined using - ASTM Test Method D1796 (IP #75/82) or latest revision thereof, or approved equivalent method; or the sum of the results of ASTM D95 (IP #74/84) plus (+) ASTM D473 or latest revision(s) thereof, or approved equivalent method, relative to the individual characteristics of the product being tested.
2.17 Viscosity
The specified maximum Viscosity for Fuel Oils provided under this contract shall be as specified in Table I and Table II, elsewhere within this specification. Delivered product having a viscosity greater than that specified for the respective product shall be adjusted in price as specified elsewhere herein for NON-COMPLYING PRODUCT. Delivered product having a viscosity greater than the specified shall be removed from the purchasing agency’s tank and replaced with product conforming to specifications, at purchasing agency’s discretion based on excessive filter maintenance and/or poor burner performance. The Viscosity shall be determined using - ASTM Test Method D445 (IP #71-84) or latest revision thereof, or approved equivalent method, and ASTM D2161, conversion of Kinematic Viscosity to Saybolt Universal Seconds (SUS) or to Saybolt Furol Seconds (SFS) or latest revision(s) thereof, or approved equivalent method, - relative to the individual characteristics of the product being tested.
GROUP 05500 – Fuel Oil, Heating (Grade #2, #6, Kerosene, and Bioheating Fuel) PAGE 20
After receiving a written request by purchasing agency, the contractor’s delivery ticket will state the fuel’s viscosity (cSt, SUS, SFS).
2.18 Nitrogen
After receiving a written request by the purchasing agency, the contractor’s delivery ticket will state the nitrogen content.
2.19 Sulfur
The specified maximum Sulfur content for Fuel Oils provided under this contract shall be as defined in Table I and II of the detailed specifications and further modified in “Summary of EPA Sulfur Content Requirements”.
Delivered product having a sulfur content greater than that allowed shall be adjusted in price as specified elsewhere herein for NON-COMPLYING PRODUCT.
Delivered product having a sulfur content greater than that allowed by NYCRR, Title 6 Environmental Conservation Law, Chapter III Air Resources, Subchapter A, Subpart 225-1.2 (d) Table 2 shall be removed from the purchasing agency’s tank and replaced with product conforming to specifications. The Sulfur content shall be determined using - ASTM Test Method D129 or D4294 (IP #61/84) or latest revision(s) thereof, or approved equivalent method, relative to the individual characteristics of the product being tested.
NOTE: All No. 2 fuel oil for the purpose of this Contract shall have sulfur content no greater than fifteen parts per million, as indicated below, for the life of the Contract.
Section §19-0325 of the Environmental Conservation Law requires the following:
§19-0325. SULFUR REDUCTION REQUIREMENTS
1. ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE, ALL NUMBER TWO HEATING OIL SOLD FOR USE IN RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL HEATING WITHIN THE STATE SHALL NOT HAVE
A SULFUR CONTENT GREATER THAN FIFTEEN PARTS PER MILLION.
2. THE GOVERNOR MAY, BY ISSUING AN EXECTUIVE ORDER, TEMPORARILY SUSPEND THE
APPLICABILITY OF THIS SECTION AT ANY TIME BASED ON THE GOVERNOR’S DETERMINATION,
AFTER CONSULTING WITH THE NEW YORK ENERGY RESEARCH AND DEVELOPMENT AUTHORITY,
THAT MEETING THE REQUIREMENT OF SUBDIVISION ONE OF THIS SECTION IS NOT FEASIBLE DUE
TO LACK OF ADEQUATE SUPPLY OF THE REQUIRED FUEL.
2.20 ASH Content
The specified maximum ASH content for Fuel Oils provided under this contract shall be one tenth (0.10%), or five hundredths (0.05%), of a percent, maximum by weight. These respective maximum ash contents shall be as listed for an individual product in Table I or Table II herein. Additionally, a product having excessive ash content shall be removed and/or adjusted in price as specified elsewhere herein. The Ash content shall be determined using - ASTM Test Method D482 (IP #4/81), or latest revision thereof or approved equivalent method, relative to the individual characteristics of the product being tested.
Delivered product having an ash content above the maximum by greater than two thousandths (0.002%) of a percent above the maximum but less than one tenth (0.10%) of a percent above the maximum shall be adjusted in price as stated elsewhere herein for NON-COMPLYING PRODUCT. Delivered product having an ash content of one tenth (0.10%) of a percent by weight, or greater, above the maximum specified shall be removed from the site upon the State’s request and the contractor shall take a deduction on price as stated elsewhere herein regardless of whether the fuel oil delivery is removed or not removed. Respective ash contents shall be listed elsewhere herein.
GROUP 05500 – Fuel Oil, Heating (Grade #2, #6, Kerosene, and Bioheating Fuel) PAGE 21
2.21 BTU per Gallon Content
The specified minimum BTU PER GALLON content for Fuel Oils provided under this contract shall be as specified in Table I, Table II, and elsewhere herein. Delivered product having a BTU PER GALLON content less than the specified percent shall be adjusted in price as specified elsewhere herein for NON-COMPLYING PRODUCT; "Btu content shall be determined using ASTM D240 or latest revision".
GENERAL:
Fuel Oils furnished shall conform to the physical and chemical requirements as listed under Table I, Table II, and to the Sulfur in Fuel limitations listed in the Environmental Protection Agency (EPA) requirement summary in Section 2.1 Product Requirements.
2.22 Biodiesel Usage Considerations
There are many positive benefits attributed to the use of biodiesel as compared to normal solely petroleum-based fuel. The most mentioned are decreased emissions of various pollutants, reduced reliance on uncertain petro fuel sources, renewable fuel source and safety in handling. However, there are also a number of properties of biodiesel that potentially impact equipment, storage and OEM warranty coverage. These considerations are detailed below.
Fuel Filters: Fuel filters on the system should be checked frequently upon initial biodiesel blend use and changed as necessary. Biodiesel blends have excellent solvent properties and may affect cellulosic filters due to solubility of resin and binders used in those filters. Glass fiber-based filters manufactured without the use of binders are probably not affected.
Sediment: Use of No. 2 fuel can leave a deposit in the bottom of fueling lines, tanks, and delivery systems over time. The use of biodiesel blends can dissolve this sediment and result in the need to change filters more frequently when first using biodiesel blends until the whole system has been cleaned of the deposits left by the petroleum based No. 2 fuel.
Solvent Properties: Biodiesel blends are an excellent solvent. They can, if left on a painted surface long enough, dissolve certain types of paints.
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