0550023287ra.pdf

(continued) 0550023287ra5

Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717

Contract Award Notification

Title : Group 05500 – Fuel Oil, Heating (Grades #2, #6 Kerosene and Bioheating Fuel) (Statewide) Classification Code(s): 15

Award Number : 23287 (Replaces Awards 23091 & 23274)

Contract Period : December 1, 2023 – August 31, 2025

Bid Opening Date : May 24, 2023

Date of Issue : November 17, 2023 (Revised July 1, 2025)

Specification Reference : As Incorporated Herein

Contractor Information : Appears on Page 2 of this Award

Address Inquiries To:

State Agencies & Vendors Political Subdivisions & Others

Name :

Title :

Phone :

E-mail :

Joan Balinda Contract Management Specialist 518-486-1258 Joan.Balinda@ogs.ny.gov

Procurement Services Customer Services

Phone :

E-mail :

518-474-6717 customer.services@ogs.ny.gov

Procurement Services values your input.

Complete and return "Contract Performance Report" at end of document.

Description The purpose of this Award is to provide State and Non-state agencies with a means of acquiring various grades of Fuel Oil, e.g., Heating (Grades #2, Kerosene, and biodiesel) for use. The product shall be Contractor furnished, delivered, and unloaded as specified herein. The pricing included in this document is the pricing bid by the contractors.

This Award has 15% MBE, 15% WBE and 0% SDVOB goal requirements.

PR # 23287

https://ogs.ny.gov/Award-23287

GROUP 05500 Award 23287 Fuel Oil, Heating (#2, #6, Kerosene and Bioheating Fuel) PAGE 2

NOTE: See individual contract items to determine actual awardees.

Contract # Contractor & Address Contact Information FEIN Number

NYS

Vendor ID#

PC70300

SB

Buell Fuel, LLC 2676 State Route 12B Deansboro, NY 13328

Customer Services Contact for NYS Contract Orders (Mon-Fri 7:30am- 5:00pm):

Contacts for After Hours, Weekend, Holiday, or NYS Declared Emergency:

Garth Curtis Bid and Supply Manager Phone: 315-841-3000 Email: garth@buellfuel.com

Customer Service Phone: 315-841-3000

Garth Curtis Phone: 315-841-9008 Email: garth@buellfuel.com

760826999 1000009690

PC70301 Global Montello Group Corp 800 South Street Waltham, MA 02454

Customer Service Contact for NYS Contract Orders during Normal Business Hours:

Contact for After Hours, Weekend/Holidays, or NYS Declared Emergency:

Bid Department Bid Personnel Phone: 781-398-4003 Email: bids@globalp.com

24/7/365 Dispatch Department Dispatch Personnel Toll-Free: 800-826-5686 Email: smartbuydispatch@globalp.com

Dispatch Department Toll-Free: 800-826-5686 Email: smartbuydispatch@globalp.com

043443028 1100005467

PC70302

HOP Energy, LLC dba KoscoHeritage 625 Sawkill Rd Kingston, NY 12401

Contract Orders (Mon-Fri 8:00am-4pm):

Contact or Escalating Contract Orders:

Contact for After Hours, Weekend, or Holiday Emergency:

Contacts for NYS Declared Emergencies:

Anne Larkin-Ede Contract Specialist Phone: 845-336-2000 x1205 Email: Aede@Hopenergy.com

Customer Services Phone: 845-336-2000 Email: Nystatebidorders@hopenergy.com

Kathy Duncan Phone: 845-336-2000 x1214 Email: kduncan@Hopenergy.com

KoscoHeritage Answering Service Phone: 845-336-2000

Ron Mustello Phone: 845-656-9595 Email: Rmustello@Hopenergy.com

061434797 1100232871

GROUP 05500 Award 23287 Fuel Oil, Heating (#2, #6, Kerosene and Bioheating Fuel) PAGE 3

Contract # Contractor & Address Contact Information FEIN Number

NYS

Vendor ID#

PC70303 Mirabito Holdings Inc.

d/b/a Mirabito Energy Products The Metrocenter – 49 Court St.

PO Box 5306 Binghamton, NY 13902

Contract Orders (Mon-Fri 8am-5pm):

Contact or Escalating Contract Orders:

Contacts for After Hours, Weekend, Joe D’Esti Pricing and Supply Administrator Phone: 607-352-2958 Toll-Free Phone: 800-934-9480 Email: joe.desti@mirabito.com

Customer Services Phone: 607-352-2800

Jason Mirabito Phone: 607-352-2930 Toll-Free Phone: 1-800-934-9480 Email: jason.mirabito@mirabito.com

George Mister Phone: 607-352-2811 Toll-Free Phone: 800-934-9480 Email: George.mister@mirabito.com

Jason Mirabito Phone: 607-352-2930

Email: jason.mirabito@mirabito.com

150552668 1000007358

PC70304

Disregarded Entity

Sprague Operating Resources

LLC*

185 International Dr.

Portsmouth, NH 03801

Customer Service Contact for NYS Contract Orders (24/7):

Contacts for NYS Declared Emergencies:

Jeanette Finley Phone: 914-328-6730 Toll-Free Phone: 877-689-1880 Email: contractdesk@spragueenergy.com

Customer Service Care Team Toll-Free Phone: 800-880-6037 Email: orders@spragueenergy.com

Barry Panicola Phone: 516-622-7091 Email:

contractmgmt@spragueenergy.com

020415440 1100301627

* Sprague Operating Resources LLC is a disregarded entity of Parent/Owner, Hartree Partners LP. Hartree Partners LP’s Employer Identification Number is 133937429. The Parent/Owner’s Employer Identification Number is used for payment and tax reporting purposes under the Contract. Sprague Operating Resources LLC is the entity who holds Contract PC70304 and is fully responsible for the performance of duties under Contract PC70304. As stated above, it is the Parent/Owner’s Employer Identification Number that is used for payment and tax reporting purposes under the Contract.

GROUP 05500 Award 23287 Fuel Oil, Heating (#2, #6, Kerosene and Bioheating Fuel) PAGE 4

Contract # Contractor & Address Contact Information FEIN Number

NYS

Vendor ID#

PC70305

Disregarded Entity

Sunoco, LLC* 3801 West Chester Pike Newtown Square, PA 19703

Contract Orders (Mon-Fri 8am- 5pm):

Government Contract Team Phone: 260-423-4477 Email:

govorders@gladieuxenergy.com

Mathew Scheiber Phone: 260-324-7925 Email:

mathew.scheiber@sunoco.com

Charles Hunt Phone: 260-324-7921 Email: charles.hunt@sunoco.com

464151222 1100298103

* Sunoco, LLC is a disregarded entity of Parent/Owner, Sunoco LP. Sunoco LP’s Employer Identification Number is 300740483. The Parent/Owner’s Employer Identification Number is used for payment and tax reporting purposes under the Contract. Sunoco, LLC is the entity who holds Contract PC70305 and is fully responsible for the performance of duties under Contract PC70305. As stated above, it is the Parent/Owner’s Employer Identification Number that is used for payment and tax reporting purposes under the Contract.

PC70306 United Metro Energy Corporation

500 Kingsland Ave.

Brooklyn, NY 11222

Contract Orders (Mon-Fri 7am-6pm:

Escalating Contract Orders:

Cristina Rodelo Bid Analyst Phone: 929-271-5079 Email: cristinarodelo@umecny.com

Customer Service Phone: 718-383-1400 Email: orders@umecny.com

Edward Abreu Phone: 718-383-1400 Email: edwardabreu@umecny.com

Cristina Rodelo Bid Analyst Phone: 929-271-5079 Email: cristinarodelo@umecny.com

Joseph Colonel Phone: 914-575-1604 Email: josephcolonel@umecny.com

462112871 1100082712

GROUP 05500 Award 23287 Fuel Oil, Heating (#2, #6, Kerosene and Bioheating Fuel) PAGE 5

Cash Discount, If Shown, Should be Given Special Attention.

AGENCIES SHOULD NOTIFY NEW YORK STATE PROCUREMENT SERVICES PROMPTLY IF THE

CONTRACTOR FAILS TO MEET DELIVERY OR OTHER TERMS OF THIS CONTRACT. PRODUCTS OR

SERVICES WHICH DO NOT COMPLY WITH THE SPECIFICATIONS OR ARE OTHERWISE

UNSATISFACTORY TO THE AGENCY SHOULD ALSO BE REPORTED TO PROCUREMENT SERVICES.

SMALL, MINORITY AND WOMEN-OWNED BUSINESSES:

The letters SB listed under the Contract Number indicate the contractor is a NYS small business.

Additionally, the letters MBE and WBE indicate the contractor is a Minority-owned Business Enterprise and/or Woman-owned Business Enterprise.

RECYCLED, REMANUFACTURED AND ENERGY EFFICIENT PRODUCTS:

Procurement Services supports and encourages the purchase of recycled, remanufactured, energy efficient and "energy star" products. If one of the following codes appears as a suffix in the Award Number or is noted under the individual Contract Number(s) in this Contract Award Notification, please look at the individual awarded items for more information on products meeting the suffix description.

RS, RP, RA Recycled RM Remanufactured SW Solid Waste Impact EE Energy Efficient E* EPA Energy Star ES Environmentally Sensitive

NOTE TO AUTHORIZED USERS:

When placing purchase orders under the contract(s), the authorized user should be familiar with and follow the terms and conditions governing its use which usually appears at the end of this document. The authorized user is accountable and responsible for compliance with the requirements of public procurement processes. The authorized user must periodically sample the results of its procurements to determine its compliance. In sampling its procurements, an authorized user should test for reasonableness of results to ensure that such results can withstand public scrutiny.

The authorized user, when purchasing from OGS contracts, should hold the contractor accountable for contract compliance and meeting the contract terms, conditions, specifications, and other requirements.

Also, in recognition of market fluctuations over time, authorized users are encouraged to seek improved pricing whenever possible.

Authorized users have the responsibility to document purchases, particularly when using OGS multiple award contracts for the same or similar product(s)/service(s), which should include:

• a statement of need and associated requirements,

• a summary of the contract alternatives considered for the purchase,

• the reason(s) supporting the resulting purchase (e.g., show the basis for the selection among multiple contracts at the time of purchase was the most practical and economical alternative and was in the best interests of the State).

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 biodiesel) 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.

This Contract is issued by the New York State (“NYS”) Office of General Services (“OGS”), Procurement Services for various types of Fuel Oil, e.g., Heating (Grades #2, #6, Kerosene, and biodiesel) as specified herein for all Authorized Users eligible to purchase through this Contract.

GROUP 05500 Award 23287 Fuel Oil, Heating (#2, #6, Kerosene and Bioheating Fuel) PAGE 6

The resulting Commodities contracts under this Award will be centralized contracts based on filed requirements. This is a statewide Contract. The State awarded contracts by item within a County on the basis of lowest price to responsive and responsible Bidders, who are able to meet the terms and conditions of this Contract. The Contractors are awarded contracts for approximately a two-year term, with renewal options, as further described herein. There are MWBE overall Goals of 30%, but there are no SDVOB goals.

There shall be no blending of other than pure distillates or unused residual fuel oils for product provided via this contract.

This Contract makes one (1) award each in the following fuel types for the following Counties:

Item Number County Fuel Type Contractor

1 Albany 2-TW B5 B10 Global Montello Group Corp 2 Albany 2-TW B20 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products 3 Albany 2-MT B5 Sunoco, LLC 4 Albany 2-MT B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products 5 Albany 6-MT (0.5%) B5 Sprague Operating Resources LLC 6 Albany KERO (Heating) Sunoco, LLC 7 Bronx 2-TW B5 B10 Sprague Operating Resources LLC 8 Bronx 2-MT B5 B10 United Metro Energy Corp 9 Broome 2-TW B5 Buell Fuel LLC 10 Broome 2-TW B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products 11 Broome 2-MT B5 B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products 12 Broome KERO (Heating) Sunoco, LLC 13 Cayuga KERO (Heating) Sunoco, LLC 14 Chemung 2-TW B5 B10 Sunoco, LLC 15 Chemung 2-MT B5 B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products 16 Chemung KERO (Heating) Sunoco, LLC 17 Chenango 2-TW B5 B10 Buell Fuel LLC 18 Clinton 2-TW B5 Sunoco, LLC 19 Clinton 2-TW B10 Sunoco, LLC 20 Clinton 2-TW B20 Sunoco, LLC 21 Clinton 2-MT B5 Sunoco, LLC 22 Clinton 2-MT B10 Sunoco, LLC 23 Clinton KERO (Heating) Sunoco, LLC 24 Columbia 2-TW B5 B10 Hop Energy LLC dba KoscoHeritage 25 Columbia 2-MT B5 Sunoco, LLC 26 Columbia 2-MT B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products 27 Columbia KERO (Heating) Sunoco, LLC 28 Cortland 2-TW B5 B10 Buell Fuel LLC 29 Delaware 2-TW B5 B10 Buell Fuel LLC 30 Delaware 2-TW B20 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

GROUP 05500 Award 23287 Fuel Oil, Heating (#2, #6, Kerosene and Bioheating Fuel) PAGE 7

31 Delaware 2-MT B5 B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products 32 Delaware 2-MT B20 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products 33 Delaware KERO (Heating) Sunoco, LLC 34 Dutchess 2-TW B5 B10 Hop Energy LLC dba KoscoHeritage 35 Dutchess 2-MT B5 B10 Sprague Operating Resources LLC 36 Dutchess KERO (Heating) Sunoco, LLC 37 Erie 2-TW B5 B10 Sunoco, LLC 38 Erie 2-MT B5 B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

39 Erie KERO (Heating) Sunoco, LLC

40 Essex 2-TW B5 Sunoco, LLC 41 Essex 2-TW B10 Sunoco, LLC 42 Essex 2-MT B5 B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products 43 Essex KERO (Heating) Sunoco, LLC 44 Franklin 2-TW B5 B10 Sunoco, LLC 45 Franklin 2-MT B5 Sunoco, LLC 46 Franklin 2-MT B10 Sunoco, LLC 47 Franklin 2-MT B20 Global Montello Group Corp 48 Franklin KERO (Heating) Sunoco, LLC 49 Greene 2-TW B5 B10 Sunoco, LLC 50 Greene 2-MT B5 B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products 51 Hamilton 2-TW B5 B10 Buell Fuel LLC 52 Hamilton 2-MT B5 B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products 53 Hamilton KERO (Heating) Sunoco, LLC 54 Herkimer 2-MT B5 B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products 55 Jefferson 2-TW B5 Sunoco, LLC 56 Jefferson 2-TW B10 Sunoco, LLC 57 Jefferson 2-MT B5 B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products 58 Jefferson KERO (Heating) Sunoco, LLC 59 Kings 2-TW B5 B10 United Metro Energy Corp 60 Kings 2-TW B20 Sprague Operating Resources LLC 61 Kings 2-MT B5 B10 United Metro Energy Corp 62 Lewis 2-TW B5 B10 Buell Fuel LLC 63 Livingston 2-TW B5 B10 Sunoco, LLC 64 Madison 2-TW B5 B10 Buell Fuel LLC 65 Madison KERO (Heating) Buell Fuel LLC 66 Monroe 2-TW B10 Sunoco, LLC 67 Monroe 2-MT B5 B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products 68 Montgomery 2-TW B5 B10 Buell Fuel LLC 69 Nassau 2-TW B5 United Metro Energy Corp 70 Nassau 2-TW B10 Sunoco, LLC 71 Nassau 2-TW B20 Sunoco, LLC

GROUP 05500 Award 23287 Fuel Oil, Heating (#2, #6, Kerosene and Bioheating Fuel) PAGE 8

72 Nassau 2-MT B5 B10 United Metro Energy Corp 73 New York 2-TW B5 B10 United Metro Energy Corp 74 New York 2-MT B5 B10 United Metro Energy Corp 75 Oneida 2-TW B5 Buell Fuel LLC 76 Oneida 2-TW B10 Buell Fuel LLC 77 Oneida 2-TW B20 Buell Fuel LLC 78 Oneida 2-MT B5 B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products 79 Oneida KERO (Heating) Buell Fuel LLC 80 Onondaga 2-TW B5 B10 Buell Fuel LLC 81 Onondaga KERO (Heating) Buell Fuel LLC 82 Orange 2-TW B5 B10 Hop Energy LLC dba KoscoHeritage 83 Orange 2-TW B20 Sprague Operating Resources LLC 84 Orange 2-MT B5 B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products 85 Orange KERO (Heating) Sunoco, LLC 86 Orleans 2-TW B5 Sunoco, LLC 87 Orleans 2-TW B10 Sunoco, LLC 88 Orleans KERO (Heating) Sunoco, LLC 89 Otsego 2-TW B5 B10 Buell Fuel LLC 90 Otsego 2-MT B5 B10 Sunoco, LLC 91 Otsego KERO (Heating) Sunoco, LLC 92 Putnam 2-TW B5 B10 Sprague Operating Resources LLC 93 Putnam 2-MT B5 B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products 94 Queens 2-MT B5 B10 United Metro Energy Corp 95 Rensselaer 2-TW B5 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products 96 Rensselaer 2-TW B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products 97 Rensselaer KERO (Heating) Sunoco, LLC 98 Richmond 2-TW B5 B10 Sunoco, LLC 99 Richmond 2-MT B5 B10 Sunoco, LLC 100 Rockland 2-TW B5 Sunoco, LLC 101 Rockland 2-TW B10 Sunoco, LLC 102 Rockland 2-MT B5 B10 Global Montello Group Corp 103 Rockland KERO (Heating) Sunoco, LLC 104 Saratoga 2-TW B5 B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products 105 Saratoga 2-MT B5 B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products 106 Saratoga KERO (Heating) Sunoco, LLC 107 Schenectady 2-TW B5 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products 108 Schenectady 2-TW B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products 109 Schoharie 2-TW B5 Sunoco, LLC 110 Schoharie 2-TW B10 Sunoco, LLC 111 Schoharie 2-TW B20 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products 112 Schoharie 2-MT B5 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products 113 Schoharie 2-MT B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

GROUP 05500 Award 23287 Fuel Oil, Heating (#2, #6, Kerosene and Bioheating Fuel) PAGE 9

114 Schoharie KERO (Heating) Sunoco, LLC 115 Seneca 2-TW B5 B10 Buell Fuel LLC 116 Seneca KERO (Heating) Buell Fuel LLC 117 St Lawrence 2-TW B5 Sunoco, LLC 118 St Lawrence 2-TW B10 Sunoco, LLC 119 St Lawrence 2-MT B5 Sunoco, LLC 120 St Lawrence 2-MT B10 Sunoco, LLC 121 St Lawrence KERO (Heating) Sunoco, LLC 122 Suffolk 2-TW B5 B10 United Metro Energy Corp 123 Suffolk 2-MT B5 B10 Sunoco, LLC 124 Sullivan 2-TW B5 B10 Hop Energy LLC dba KoscoHeritage 125 Sullivan 2-MT B5 B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products 126 Sullivan KERO (Heating) Sunoco, LLC 127 Tioga 2-MT B5 B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products 128 Tompkins 2-TW B5 B10 Buell Fuel LLC 129 Ulster 2-TW B5 B10 Hop Energy LLC dba KoscoHeritage 130 Ulster 2-MT B5 B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products 131 Ulster KERO (Heating) Sunoco, LLC 132 Warren 2-TW B5 Sunoco, LLC 133 Warren 2-TW B10 Sunoco, LLC 134 Warren 2-MT B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products 135 Warren KERO (Heating) Sunoco, LLC 136 Washington 2-TW B5 B10 Sunoco, LLC 137 Washington 2-MT B5 B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products 138 Washington KERO (Heating) Sunoco, LLC 139 Westchester 2-TW B5 B10 Sunoco, LLC 140 Westchester 2-TW B20 Sunoco, LLC 141 Westchester 2-MT B5 B10 Sunoco, LLC 142 Westchester 2-MT B20 Global Montello Group Corp

Estimated Quantities

This Contract shall be 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 the resulting Contract. These Authorized Users have agreed not to enter into any other contracts for Fuel Oil (Heating) they filed for during the resulting contract period and will purchase all their Fuel Oil (Heating) requirement needs from awarded contracts. See Delivery Clauses, of this Contract. The Contractor must furnish all quantities actually ordered at or below the Contract prices. The anticipated quantity of this Contract, based on filed requirements from Authorized Users, is approximately 29,029,414 gallons annually for all items combined. 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 Delivery Clauses.

GROUP 05500 Award 23287 Fuel Oil, Heating (#2, #6, Kerosene and Bioheating Fuel) PAGE 10

Numerous factors could cause the actual quantities of Products purchased under a Contract to vary substantially from the estimates in the Solicitation. 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 each 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 the Delivery Schedules clause, the Contractor(s) 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 at the time of the bid opening and may accept orders for any non- State Agency or Political Subdivision not appearing on the Delivery Schedule at the time of the bid opening.

• Contract pricing that is higher than anticipated could result in a lower quantity of purchases by Authorized Users than anticipated.

By submitting a Bid, Contractor acknowledges the foregoing and agrees that actual good faith purchasing volumes during the term of the resulting Contracts could vary substantially from the estimates provided in the Solicitation.

Definitions

Capitalized terms used in this Solicitation shall be defined in accordance with Appendix B, Definitions, or as 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.

“Bid Deviation” shall refer to any variance submitted or proposed by a Bidder, which deviates from, adds extraneous terms to, conflicts with or offers an alternative to any term, condition, specification or requirement of the Solicitation.

“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 Product Delivery clause in this Solicitation.

“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.

“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.

GROUP 05500 Award 23287 Fuel Oil, Heating (#2, #6, Kerosene and Bioheating Fuel) PAGE 11

“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 Award 23287 Fuel Oil, Heating (#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.

Appendices and Attachments

APPENDICES

Appendix A – Standard Clauses for NYS Contracts (October 2019) Appendix B – General Specifications (April 2016) Appendix C – Federal Funding Agency Mandatory Terms and Conditions

ATTACHMENTS

Attachment 1 – Pricing Attachment 2 – NYS Required Certifications Attachment 3 – Encouraging Use of NYS Businesses Attachment 4 – Insurance Requirements Attachment 5 – Bidder Information Questionnaire Attachment 6 – Bidder Submission Checklist Attachment 7 – Bidder Questions Form Attachment 8 – Report of Contract Usage Attachment 9 – Certification Under Executive Order No. 16 Attachment 10 – Delivery Schedule – State Agencies Attachment 11 – Delivery Schedule – Non-State Agencies Attachment 12 – Intent to Bid Attachment 13 – Fuel Supplier Certificate

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. The Solicitation;

3. Appendix C, Federal Emergency Management Agency Term and Conditions

4. Appendix B, General Specifications

5. Attachment 1 – Pricing;

6. Attachment 2 – NYS Required Certifications;

7. Attachment 3 – Encouraging Use of NYS Business;

8. Attachment 4 – Insurance Requirements;

9. Attachment 5 – Bidder Information Questionnaire;

10. Attachment 6 – Bidder Submission Checklist;

11. Attachment 7 – Bidder Questions Form;

12. Attachment 8 – Report of Contract Usage

13. Attachment 9 – Certification Under Executive Oder No. 16;

14. Attachment 10 – Delivery Schedule – State Agencies;

15. Attachment 11 – Delivery Schedule – Political Subdivisions, Local Governments & Other Eligible Non-State Agencies;

16. Attachment 12 – Intent to Bid;

GROUP 05500 Award 23287 Fuel Oil, Heating (#2, #6, Kerosene and Bioheating Fuel) PAGE 13

17. Attachment 13 – Fuel Supplier Certificate

Local Laws and/or Mandates

During the term of any contract resulting from this Solicitation, Authorized Users and Contractors will share responsibility for ensuring and maintaining compliance with any applicable local laws or mandates regarding fuel types.

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).

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.

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.

Bidder must maintain service facilities and have trained personnel qualified to service the product furnished at the using agency within 48 hours.

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

GROUP 05500 Award 23287 Fuel Oil, Heating (#2, #6, Kerosene and Bioheating Fuel) PAGE 14 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.

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 13), 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

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. Therefore, it is recommended to wipe any biodiesel blend spills from painted surfaces immediately. In addition, biodiesel blends can soften and degrade certain types of elastomers and natural rubbers over time. These materials may be used in fuel systems. OEM's of systems should be contacted for specific information and concerns in this area.

Spontaneous Combustion: Biodiesel is made from vegetable oils and/or animal fats which can oxidize and degrade over time. The oxidizing process can produce heat. In certain environments a pile of oil-soaked rags can become hot enough to result in a spontaneous fire. Biodiesel soaked rags should be stored in a safety can or dried individually to avoid the potential for spontaneous combustion.

GROUP 05500 Award 23287 Fuel Oil, Heating (#2, #6, Kerosene and Bioheating Fuel) PAGE 15

Storage: All fuels have a shelf life. This is also true with biodiesel and biodiesel blends. Available data indicate that biodiesel blends should be used within six months of manufacture. Fuels determined to have a Total Acid Number (by ASTM D664 or latest revision thereof) of greater than 0.80 KOH/g are not recommended for use.

OEM Considerations: BEFORE deciding to use biodiesel, prospective users should make sure they have checked with the manufacturers of their equipment for considerations and concerns related to that usage.

FURTHER INFORMATION: Additional information regarding biodiesel can also be obtained from National Biodiesel Board at (800) 841-5849 or at their website at: http://www.biodiesel.org/what-is-biodiesel/biodiesel-faq's

Contract Term and Extensions

The Contract will be in effect for a term of up to two years. The Contract term shall commence after all necessary approvals or September 2, 2023 (the later of the two) and shall become effective upon the date of OSC approval of the final executed documents.

The awarded OGS Centralized Contracts shall have a co-terminus end date, notwithstanding non-renewals or contract cancellation. At the State’s option, the Contract may be extended for three (3) years, in increments as deemed to be in the best interest of the State. Whether the optional extensions are exercised is at the sole discretion of the State. A Contractor shall retain the right to decline a Contract extension offered under this section. Any Contract extension will be under the same terms and conditions, subject to the approval of OSC and any additional applicable statutory and policy requirements. Any extensions provided under this section shall apply in addition to any rights set forth in Appendix B, Contract Term – Extension.

Short term Extension

This section shall apply in addition to any rights set forth in Appendix B, Contract Term – Extension. In the event a replacement Contract has not been issued, any Contract let and awarded hereunder by the State may be extended unilaterally by the State for an additional period of up to 3 calendar months upon notice to the Contractor with the same terms and conditions as the original Contract and any approved modifications. With the concurrence of the Contractor, the extension may be for a period of up to 6 calendar months in lieu of 3 calendar months. However, this extension automatically terminates should a replacement Contract be issued in the interim.

Price

Prices quoted shall be billed gross gallons, F.O.B. agency storage tanks. Prices quoted shall include all applicable customs, taxes (e.g., Superfund), license and research fees (e.g., NORA), and surcharges.

Bid prices must be expressed in U.S. currency and shall be submitted to four (4) decimal places (priced in dollars per gallon).

Pricing for contract purchases shall be based on the pricing in effect at the time the Authorized User places the order (Prompt Will-call). Authorized Users that are on automatic delivery shall be priced on the day of delivery, unless the Authorized User requests a delivery. The price shall then reflect the day of the order.

Pricing shall reflect the day of delivery for orders placed by the Authorized User that go beyond the guaranteed delivery timeframe of 48 (forty-eight) hours. For example, the Authorized User orders 500 gallons of fuel oil on Wednesday, and requests that the delivery be made on the following Tuesday.

For situations where an Authorized User wants to place an order for an unusually large volume of fuel (e.g., 40,000 gallons or more than a truck load, or delivering over a period of time), the Contractor and Authorized User should contact OGS Procurement Services. OGS’s intent is for all parties to have the same expectations for delivery and price.

GROUP 05500 Award 23287 Fuel Oil, Heating (#2, #6, Kerosene and Bioheating Fuel) PAGE 16

Truck delivery ticket volumes and Authorized User's gauged volumes must agree within a tolerance of 0.5% of the total delivered volume for delivery volumes greater than 500 gallons and up to 1% for delivery volumes less than or equal to 500 gallons. If the volume difference exceeds the tolerance level, the Authorized User's measured volume, if available, will be used for invoice payment. Authorized Users reserve the right to reject “rogue” trucks which have been identified as having repeated meter inaccuracies. Trucks without sealed and calibrated meters will not be permissible for deliveries.

It shall be the Contractor's responsibility to satisfy Authorized User requirements by furnishing blended product when called for during the time period indicated in the Solicitation.

Prices shall be firm except that price revisions will be permitted in accordance with the PRICE REVISION CLAUSE set forth in this Contract and with respect to certain taxes and duties as follows:

“After-imposed tax” means any new or increased Federal, State and local excise tax or duty, except social security or other employment taxes, on fuel oil purchased under any contract to be awarded hereunder which the contractor is required to pay or bear the burden of as the result of legislative, judicial, or administrative action taking effect after the date of contract award.

“After-relieved tax” means any amount of Federal, State and local excise tax or duty, except social security or other employment taxes, that would otherwise have been payable on fuel purchased under any contract to be awarded hereunder which the contractor is not required to pay or bear the burden of, or for which the contractor obtains a refund or drawback, as the result of legislative, judicial or administrative action taking effect after the date of contract award.

Prices shall include all applicable Federal, State, Local taxes and duties as stated in Appendix B Section 8 “Taxes” included with this Contract.

NOTE: The State of New York and its political subdivisions are exempt from New York State and local sales taxes and federal excise taxes.

The price for fuel oil under any contract to be awarded hereunder shall be increased by the amount of any after-imposed tax, unless the legislative, judicial or administrative act says otherwise, if the contractor states in writing that such contract price does not include any contingency for such after-imposed tax. Such increase shall be prospective only and becomes effective upon such written notice and on the effective date of the next schedule price revision.

The price for fuel oil under any contract to be awarded hereunder shall be decreased by the amount of any after-relieved tax. Such decrease shall be effective when realized or by no later than the next scheduled price revision.

The contractor shall promptly notify the Procurement Services Contract Management Specialist of all matters relating to any excise tax or duty that reasonably may be expected to result in either an increase or decrease in the contract price for fuel thirty days (30) prior to adding to invoices.

OPIS Posting Locations

The following OPIS Posting Locations have been established for purposes of this solicitation.

Contractor’s pricing will be based on the established OPIS Posting Locations identified below.

For biodiesel and Kerosene, a fixed OPIS Posting Location has been established for each county. The fixed OPIS Posting Locations are set forth in the table below and in Attachment 1 – Pricing. Prices posted are Rack prices.

Albany Buffalo Long Island* Newburgh Syracuse Utica Albany** Allegany Bronx Columbia Broome Chenango Clinton Cattaraugus Kings Dutchess Cayuga Fulton

Delaware Chautauqua Nassau Greene Chemung Hamilton Essex Erie New York Orange Cortland Herkimer

GROUP 05500 Award 23287 Fuel Oil, Heating (#2, #6, Kerosene and Bioheating Fuel) PAGE 17

Franklin Genesee Queens Putnam Schuyler Jefferson Otsego Livingston Richmond Rockland Seneca Lewis

Rensselaer Monroe Suffolk Sullivan Steuben Madison Saratoga Niagara Westchester Ulster Tioga Montgomery

Schenectady Ontario Tompkins Oneida Schoharie Orleans Yates Onondaga

St Lawrence Wayne Oswego Warren Wyoming

Washington

*For Kerosene the Posting Location will be Newark.

**For #6 the Posting Location will be Boston 0.5%.

Contractor’s pricing will be based on the established OPIS Posting Location designated in Attachment 1 – Pricing.

Price Adjustments/Revisions

Contract prices for fuel grades shall be firm except that price revisions will be permitted in accordance with the following procedures:

Price revisions (increases or decreases) to the original contract price shall be based on prices posted in the OPIS Oil Price Daily every Thursday.

The low price shown in the OPIS Oil Price Daily postings will be used to compute price revisions during the Contract period. Procurement Services will compute any price revisions by determining the difference between the Posted Price on February 23, 2023 and the Posted Price on every Thursday during the contract period beginning with the OPIS Oil Price Daily the Thursday immediately preceding the contract start date. If the OPIS Oil Price Daily is not posted on Thursday, the previous business day’s posting in which the specified prices are available will be utilized. Base prices are listed in this Solicitation, for each reference. The term “Posting Day” or “Posted Price” as used throughout the Solicitation and any resulting Contract refers to the actual day the prices are posted.

Should postings become unavailable or differ from current descriptions and/or format, a posting determined, by the Commissioner, in his or her sole discretions, to be most reflective of market conditions will be used. Corrections to prices in the OPIS Oil Price Daily will be considered only when caused by a typographical or clerical error on the part of said service provider.

Should the weekly price revision cycle not provide adequate price adjustments, because of rapid changes in worldwide petroleum prices, the State reserves the right to increase the frequency of the price revisions to a basis that best reflects market conditions. For example, a possible basis could utilize Monday’s Daily OPIS publication for Tuesday through Thursday prices and weekend prices would continue with Thursday’s OPIS Daily publication for Friday through Monday.

The following clauses shall apply to all price adjustments under any Contract awarded:

(1) Price increases are limited to changes in the OPIS Posting Location as listed in Section OPIS Posting Locations. Increases in Contract costs or prices to compensate for other increases in the cost of doing business, regardless of the cause or nature of such costs of the Contractor, will not be allowed during the Contract period.

(2) Price adjustments will continue using the same method if the contract is extended or renewed.

(3) The contract price and any adjustments will only be carried out to four (4) decimal places (priced in dollars per gallon).

GROUP 05500 Award 23287 Fuel Oil, Heating (#2, #6, Kerosene and Bioheating Fuel) PAGE 18

ALL FIGURES ARE TRUNACTED TO FOUR DECIMAL PLACES IN DOLLARS PER

GALLON

Prevailing Wage Rates – Public Works and Building Services Contracts

Work being bid is subject to the prevailing wage rate provisions of New York State Labor Law. See "Prevailing Wage Rates - Public Works and Building Services Contracts" in Appendix B, General Specifications and see “WAGE AND HOUR PROVISIONS” in Appendix A clause 6. Any federal or State determination of a violation of any public works law or regulation, or labor law or regulation, or any OSHA violation deemed "serious or willful" may be grounds for a determination of vendor non-responsibility and rejection of bid.

The applicable Prevailing Wage Rate Schedule for this project is PRC # 2023900194

For access to the Department of Labor (DOL) Public Works information including Prevailing Wage Schedule and updates, use the following link:

https://www.labor.ny.gov/workerprotection/publicwork/PWContents.shtm

Important Note: The above PRC number MUST be noted on all purchase orders issued for purchase from this contract.

Ordering

Purchase Orders shall be made in accordance with the terms set forth in Appendix B, Purchase Orders.

Authorized Users may submit orders over the phone, and, if available, may submit orders electronically via web-based ordering, e-mail, or facsimile at any time. Orders submitted shall be deemed received by Contractor on the date submitted.

All orders shall reference Contract number, requisition, and/or Purchase Order number (if applicable).

Upon Contractor’s receipt of an order, confirmation is to be provided to the Authorized User electronically or via facsimile. Order confirmation should be sufficiently detailed, and include, at a minimum, purchase price, date of order, delivery information (if applicable), Authorized User name, and sales representative (if applicable).

Purchasing Card Orders

If the Contractor accepts orders using the State’s Purchasing Card (see Appendix B, Purchasing Card), also referred to as the Procurement Card, the Contractor shall not charge or bill the Authorized User for any additional charges related to the use of the Purchasing Card, including but not limited to processing charges, surcharges or other fees.

Minimum Order

Minimum delivery shall be 150 gallons to each delivery location (site) as determined by the Delivery Schedule. Minimum order for Motor Transport deliveries shall be 5,500 gallons. Deliveries under 150 gallons are at the Contractor’s option, except for tank top-offs for testing.

All deliveries requested by an Authorized User of less than the minimum order size, including tank top-offs for tank testing, shall qualify for contract pricing. The following tiered schedule may be utilized by the Contractor:

Determination for total gross tank capacity shall include all manifolded tanks. All locations granted a request from the Contractor for “automatic replenishment”, shall be exempt from minimum order requirements, including other factors out of the control of Authorized Users (e.g., short filling,…