0550023417BaseContract.pdf

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

23417i_r2

AGREEMENT FOR

FUEL OIL, HEATING (GRADE #2, 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, Kerosene, and Bioheating Fuel) (Statewide) 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 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

3.5 Short term Extension

3.6 Price

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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 Adjustment/Revisions

3.9 Best Pricing Offer

3.10 Price Structure

3.11 NYS DOL 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 B10, and #2 B20

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 Business Participation Opportunities for NYS 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

3.28 Environmental Sustainability 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 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment

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, Kerosene, and Bioheating Fuel) (Statewide) 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 (October 2023)

ATTACHMENTS

Attachment 1 – Pricing Attachment 4 – Insurance Requirements Attachment 8 – Report of Contract Usage Attachment 10 – Delivery Schedule – State Agencies Attachment 11 – Delivery Schedule – Non-State Agencies

GROUP 05500 – Fuel Oil, Heating (Grade #2, Kerosene, and Bioheating Fuel) (Statewide) PAGE 5

STATE OF NEW YORK

OFFICE OF GENERAL SERVICES

AGREEMENT # PC_________

CENTRALIZED CONTRACT FOR THE ACQUISITION OF

FUEL OIL, HEATING (GRADES #2,

KEROSENE, AND BIOHEATING FUEL) (STATEWIDE)

THIS AGREEMENT (hereinafter the “Contract” or the “Agreement”) is made this ____ day of _________, 2025, 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, 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, Kerosene and Bioheating Fuel) at the lowest cost, referred to as IFB #23417 (hereinafter the “IFB” or the “Solicitation”), which was advertised on July 18, 2025 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:

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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, 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.

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 10, Delivery Schedule – State Agencies, and Attachment 11, Delivery Schedule -. Non-State Agencies.

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 B10 Albany

2 Albany 2-TW B20 Albany

3 Albany 2-MT B10 Albany

4 Albany 2-MT B20 Albany

5 Albany KERO (Heating) Albany

6 Bronx 2-MT B10 Long Island

7 Broome 2-TW B10 Syracuse

8 Broome 2-MT B10 Syracuse

9 Broome KERO (Heating) Syracuse

10 Cayuga 2-TW B10 Syracuse

11 Cayuga 2-TW B20 Syracuse

12 Cayuga KERO (Heating) Syracuse

13 Chemung 2-TW B10 Syracuse

14 Chemung 2-MT B10 Syracuse

15 Chemung KERO (Heating) Syracuse

16 Chenango 2-TW B10 Utica

17 Clinton 2-TW B10 Albany

18 Clinton 2-TW B20 Albany

19 Clinton 2-MT B10 Albany

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20 Clinton 2-MT B20 Albany

21 Clinton KERO (Heating) Albany

22 Columbia 2-TW B10 Newburgh

23 Columbia 2-TW B20 Newburgh

24 Columbia 2-MT B10 Newburgh

25 Columbia 2-MT B20 Newburgh

26 Columbia KERO (Heating) Newburgh

27 Cortland 2-TW B10 Syracuse

28 Delaware 2-TW B10 Albany

29 Delaware 2-TW B20 Albany

30 Delaware 2-MT B10 Albany

31 Delaware 2-MT B20 Albany

32 Delaware KERO (Heating) Albany

33 Dutchess 2-TW B10 Newburgh

34 Dutchess 2-MT B10 Newburgh

35 Dutchess 2-MT B20 Newburgh

36 Erie 2-TW B10 Syracuse

37 Erie 2-MT B10 Syracuse

38 Essex 2-TW B10 Albany

39 Essex 2-MT B10 Albany

40 Essex KERO (Heating) Albany

41 Franklin 2-TW B10 Albany

42 Franklin 2-MT B10 Albany

43 Franklin 2-MT B20 Albany

44 Franklin KERO (Heating) Albany

45 Fulton 2-TW B10 Utica

46 Greene 2-TW B10 Newburgh

47 Greene 2-TW B20 Newburgh

48 Greene 2-MT B10 Newburgh

49 Greene KERO (Heating) Newburgh

50 Hamilton 2-TW B10 Utica

51 Hamilton 2-MT B10 Utica

52 Herkimer 2-TW B10 Utica

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53 Herkimer 2-TW B20 Utica

54 Herkimer 2-MT B20 Utica

55 Herkimer KERO (Heating) Utica

56 Jefferson 2-TW B10 Utica

57 Jefferson 2-TW B20 Utica

58 Jefferson 2-MT B10 Utica

59 Jefferson 2-MT B20 Utica

60 Jefferson KERO (Heating) Utica

61 Kings 2-TW B10 Long Island

62 Kings 2-MT B10 Long Island

63 Kings KERO (Heating) Long Island

64 Lewis 2-TW B10 Utica

65 Livingston 2-TW B10 Syracuse

66 Madison 2-TW B10 Utica

67 Madison KERO (Heating) Utica

68 Monroe 2-TW B10 Syracuse

69 Monroe 2-MT B10 Syracuse

70 Montgomery 2-TW B10 Utica

71 Montgomery 2-TW B20 Utica

72 Montgomery KERO (Heating) Utica

73 Nassau 2-TW B10 Long Island

74 Nassau 2-TW B20 Long Island

75 Nassau 2-MT B10 Long Island

76 Nassau 2-MT B20 Long Island

77 New York 2-MT B10 Long Island

78 Niagara 2-TW B10 Syracuse No Award

79 Oneida 2-TW B10 Utica

80 Oneida 2-TW B20 Utica

81 Oneida 2-MT B10 Utica

82 Oneida KERO (Heating) Utica

83 Onondaga 2-TW B10 Utica

84 Orange 2-TW B10 Newburgh

85 Orange 2-TW B20 Newburgh

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86 Orange 2-MT B10 Newburgh

87 Orange KERO (Heating) Newburgh

88 Orleans 2-TW B10 Syracuse

89 Orleans KERO (Heating) Syracuse

90 Oswego 2-TW B10 Utica

91 Oswego KERO (Heating) Utica

92 Otsego 2-TW B10 Albany

93 Otsego 2-MT B10 Albany

94 Otsego KERO (Heating) Albany

95 Putnam 2-TW B10 Newburgh

96 Putnam 2-MT B10 Newburgh

97 Putnam 2-MT B20 Newburgh

98 Queens 2-TW B10 Long Island

99 Queens 2-MT B10 Long Island

100 Rensselaer 2-TW B10 Albany

101 Rensselaer 2-TW B20 Albany

102 Rensselaer KERO (Heating) Albany

103 Richmond 2-TW B10 Long Island

104 Richmond 2-MT B10 Long Island

105 Rockland 2-TW B10 Newburgh

106 Rockland 2-TW B20 Newburgh

107 Rockland 2-MT B10 Newburgh

108 Rockland 2-MT B20 Newburgh

109 Saratoga 2-TW B10 Albany

110 Saratoga 2-TW B20 Albany

111 Saratoga 2-MT B10 Albany

112 Saratoga 2-MT B20 Albany

113 Saratoga KERO (Heating) Albany

114 Schenectady 2-TW B10 Albany

115 Schenectady 2-TW B20 Albany

116 Schenectady 2-MT B20 Albany

117 Schenectady KERO (Heating) Albany

118 Schoharie 2-TW B10 Albany

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119 Schoharie 2-MT B10 Albany

120 Schoharie KERO (Heating) Albany

121 Seneca 2-TW B10 Syracuse

122 Seneca 2-TW B20 Syracuse

123 Seneca 2-MT B20 Syracuse

124 Seneca KERO (Heating) Syracuse

125 Steuben 2-TW B10 Syracuse

126 St Lawrence 2-TW B10 Albany

127 St Lawrence 2-MT B10 Albany

128 St Lawrence 2-MT B20 Albany

129 St Lawrence KERO (Heating) Albany

130 Suffolk 2-TW B10 Long Island

131 Suffolk 2-TW B20 Long Island

132 Suffolk 2-MT B10 Long Island

133 Suffolk 2-MT B20 Long Island

134 Sullivan 2-TW B10 Newburgh

135 Sullivan 2-MT B10 Newburgh 136 Sullivan KERO (Heating) Newburgh

137 Tioga 2-MT B10 Syracuse

138 Tompkins 2-TW B10 Syracuse 139 Ulster 2-TW B10 Newburgh

140 Ulster 2-TW B20 Newburgh

141 Ulster 2-MT B10 Newburgh 142 Ulster KERO (Heating) Newburgh

143 Warren 2-TW B10 Albany

144 Warren 2-TW B20 Albany 145 Warren 2-MT B10 Albany

146 Warren KERO (Heating) Albany

147 Washington 2-TW B10 Albany 148 Washington 2-TW B20 Albany

149 Washington 2-MT B10 Albany

150 Washington KERO (Heating) Albany 151 Wayne KERO (Heating) Syracuse

152 Westchester 2-TW B10 Long Island

153 Westchester 2-TW B20 Long Island 154 Westchester 2-MT B10 Long Island

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155 Westchester 2-MT B20 Long Island

156 Westchester KERO (Heating) Long Island 157 Yates 2-TW B10 Syracuse

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 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. Authorized Users will be encouraged to purchase from Contractors who offer the Products and pricing that best meet their needs in the most practical and economical manner. See Appendix B Estimated/Specific Quantity Contracts and Participation in Centralized Contracts.

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:

a. 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.

b. The individual value of this Contract is indeterminate and will depend upon actual Authorized User demand and actual quantities ordered during the Contract period.

c. The State reserves the right to terminate any Contract for cause or convenience 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)

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

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

The Contractor acknowledges the foregoing and agrees that actual good faith purchasing volumes during the term of the resulting Contracts 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.

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1.4 Definitions

Capitalized terms used in this Contract shall be defined in accordance with Appendix B Definitions, or as set forth below.

“ASTM” shall refer to a designation for ASTM International, formerly known as American Society for Testing and Materials. All ASTM references in the specifications are understood to refer to the most recent edition of that specification/standard.

“Bioblend” is a mixture of Biodiesel with #2 fuel oil.

“Biodiesel (B100)”: A fuel composed of mono-alkyl esters of long chain fatty acids derived from vegetable oils or animal fats, designated B100 (100% Biodiesel fuel) as defined in ASTM D6751 or latest version thereof. ASTM D6751 covers low sulfur Biodiesel (B100) for use as a blend component with diesel oil fuels

“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 transporting a specified product to an identified person or place. Refer to Section 3.15, Product Delivery of this document.

“Human Needs Customer” High- priority customer(s) 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.

“MT” shall refer to Delivery by Motor Transport. Motor Transport shall refer to the transportation vessel used to deliver fuel provided for in the resulting Contract(s) of more than 5,500 gallons, to the Authorized User, at one time into one or more storage tanks at one location (one delivery ID from the Delivery Schedule), “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. 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.

“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.

GROUP 05500 – Fuel Oil, Heating (Grade #2, Kerosene, and Bioheating Fuel) (Statewide) PAGE 13

“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).

“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.

“TW” shall refer to Delivery by Tank Wagon. Tank Wagon shall refer to the transportation vessel used to deliver fuel provided for in the resulting Contract(s) of less than 5,500 gallons, to Authorized Users.

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.

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 (October 2023)

ATTACHMENTS

Attachment 1 – Pricing Attachment 4 – Insurance Requirements Attachment 8 – Report of Contract Usage Attachment 10 – Delivery Schedule – State Agencies Attachment 11 – Delivery Schedule – Non-State Agencies

1.6 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. Appendix C – Federal Funding Agency Mandatory Terms and Conditions;

3. This Document;

GROUP 05500 – Fuel Oil, Heating (Grade #2, Kerosene, and Bioheating Fuel) (Statewide) PAGE 14

4. Appendix B – General Specifications;

5. All other appendices and attachments to the Solicitation

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2. SPECIFICATIONS

2.1 Product Requirements

The Contractor guarantees that the Product provided will meet or exceed the minimum specifications listed in this section.

SUMMARY OF EPA SULFUR CONTENT (REQUIREMENTS)

Sulfur in Fuel Limitation Maximum percent sulfur by weight - ASTM - D4294 or latest revision(s) thereof (or legal local limit per EPA requirements when stricter) Distillate Geographical Area of the State #1 & #2 and Biodiesel Blends B10, & B20

New York City 0.0015

Nassau, Rockland, and Westchester Co. 0.0015

Suffolk County: Towns of Babylon, Brookhaven, Huntington, Islip and Smith Town 0.0015

Erie and Niagara Counties 0.0015

Remainder of State 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 ---- ----

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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 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 D4294 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 later in this document for further guidance.

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:

GROUP 05500 – Fuel Oil, Heating (Grade #2, Kerosene, and Bioheating Fuel) (Statewide) PAGE 17

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.

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

Authorized Users must ensure that fill and vent equipment adequately meet NYS Standards. Contractor has the responsibility of reporting faulty equipment to the end users and the appropriate NYS regulatory agencies.

Contractor’s delivery trucks MUST BE EQUIPPED WITH METERS, except for 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 able 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 Authorized User tank, that amount of fuel oil necessary to fill subject tanks for the purpose of tank testing conducted by the Authorized User 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.

Authorized Users are responsible for making certain that the Delivery site is made ready for proper Delivery by the Contractor. Failure of the Authorized User to make appropriate arrangements preventing Delivery of Product upon Contractor’s arrival at Delivery site may result in a charge to the Authorized User for the Contractor’s transportation costs for that particular trip. Authorized Users should also make certain that receiving personnel are available at time of Delivery.

Authorized Users 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

Authorized User requests to top-off tanks for testing purposes must be honored as described elsewhere herein.

The requesting Authorized User may be required to sign a waiver of liability and responsibility on behalf of the Contractor.

GROUP 05500 – Fuel Oil, Heating (Grade #2, Kerosene, and Bioheating Fuel) (Statewide) PAGE 18

Contractor must maintain service facilities and have trained personnel qualified to service the Product furnished at the using Authorized User 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 Authorized User’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 Authorized User 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 the tank(s) affected.

2.6 Non-Complying Product – Delivery Deduction

Deductions shown hereafter will be made from the invoice price, or subsequent Authorized User invoices, when fuel oil is delivered that does not comply with the detailed specifications. These deductions are applicable whether or not the fuel oil in question has been consumed by the purchasing Authorized User. 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

If it is discovered that the flash point of the delivered fuel oil is less than the required minimum, but not more than six (6) degrees Fahrenheit below that minimum, the contracted price will be reduced by one-half (0.5%) percent for each degree Fahrenheit below the limit.

Additionally, the contracted price will be deducted at the rate of one percent (1.0%) for every two degrees Fahrenheit that the delivered fuel oil's flash point falls below the specified limit, which is more than six degrees Fahrenheit below the minimum requirement. Ten degrees below the specified limit, for example, results in a 1.5% deduction for the first six degrees Fahrenheit, a 2% deduction for the next four degrees, and a 3.5% deduction overall.

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).

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

GROUP 05500 – Fuel Oil, Heating (Grade #2, Kerosene, and Bioheating Fuel) (Statewide) PAGE 19

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 (as appropriate for the fuel grade) a deduction from the total price shall be taken as described in the following summary table.

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 this 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:

GROUP 05500 – Fuel Oil, Heating (Grade #2, Kerosene, and Bioheating Fuel) (Statewide) PAGE 20

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

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 Authorized User request. Invoice for winter blend will show separate pricing for Bioblends 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). Authorized User(s) 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, Authorized Users(s) 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, with agreement between the Authorized User and the Contractor.

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 Section 3.2), 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

mailto:OGS.sm.PS_CM_FleetFuelRoads@ogs.ny.gov

GROUP 05500 – Fuel Oil, Heating (Grade #2, Kerosene, and Bioheating Fuel) (Statewide) PAGE 21

The specified minimum flash point for Fuel Oils provided under this Contract shall be as specified in Table I, elsewhere herein, for the respective fuel oil being provided. Delivered Product having a flash point below that specified in Table I, 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 Authorized User’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 and sediment content for fuel oils provided under this Contract shall be as specified in Table I, elsewhere herein. Delivered product having a water and 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 and sediment greater than the specified percent shall be removed from the purchasing Authorized User’s tank and replaced with Product conforming to specifications, at purchasing Authorized User’s discretion based on excessive filter maintenance and/or poor burner performance. The water and 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 an 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, found in Section 2.1, Product Requirements. 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 specification shall be removed from the purchasing Authorized User’s tank and replaced with Product conforming to specifications, at purchasing Authorized User’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 an approved equivalent method, and ASTM D2161, conversion of Kinematic Viscosity (cSt) to Saybolt Universal Seconds (SUS) or to Saybolt Furol Seconds (SFS) or latest revision(s) thereof, or an approved equivalent method, - relative to the individual characteristics of the Product being tested.

After receiving a written request from the Authorized User, 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 Authorized User, 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 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 Authorized User’s tank and replaced with Product conforming to specifications. The Sulfur content shall be determined using - ASTM Test Method D4294 (IP #61/84) or latest revision(s) thereof, or an approved equivalent method, relative to the individual characteristics of the Product being tested.

GROUP 05500 – Fuel Oil, Heating (Grade #2, Kerosene, and Bioheating Fuel) (Statewide) PAGE 22

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 (2) 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 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 an 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.

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, 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, 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

GROUP 05500 – Fuel Oil, Heating (Grade #2, Kerosene, and Bioheating Fuel) (Statewide) PAGE 23 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.

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 Clean Fuels Alliance America at (800) 841-5849 or at their website at: Frequently Asked Questions About Clean Fuels - Clean Fuels Alliance America

2.23 Finished Fuel Requirements for Biodiesel

MATERIAL: The finished Biodiesel blends shall be…