0550023417ra.pdf

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0550023417RA02

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, Kerosene and Bioheating Fuel) (Statewide) Classification Code(s): 15

Award Number : 23417 (Replaces Award 23287)

Contract Period : December 01, 2025 – November 30, 2027

Bid Opening Date : August 28, 2025 (Revised December 4, 2025)

Date of Issue : December 01, 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 # 23417

https://ogs.ny.gov/award-23417

GROUP 05500 AWARD 23417 Fuel Oil, Heating (#2, 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#

PC70891

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 Director Phone: 315-841-3000 Email: garth@buellfuel.com

Renee Anthony Operations Manager Phone: 315-841-3000 Email: renee@buellfuel.com

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

760826999 1000009690

PC70893

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

Customer Services Contact for NYS Contract Orders (Mon-Fri 8:00am-4pm):

Contact for After Hours, Weekend, Anne Larkin-Ede Admin Manager Phone: 845-336-2000 x1205 Email: aede@Hopenergy.com

Customer Services Phone: 845-336-2000 Email:

NYSTATEBIDORDERS@Hopenergy.com

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

061434797 1100232871

PC70894 Mirabito Holdings Inc.

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

PO Box 5306 Binghamton, NY 13902

Customer Services Contact for NYS Contract Orders (Mon-Fri 8am- 5pm):

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 Toll-Free Phone: 800-934-9480

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

Phil Mirabito Phone:607-352-2941

150552668 1000007358

GROUP 05500 AWARD 23417 Fuel Oil, Heating (#2, Kerosene and Bioheating Fuel) PAGE 3

Contract # Contractor & Address Contact Information FEIN Number

NYS

Vendor ID#

PC70895

Disregarded Entity

Sprague Operating Resources LLC* 185 International Dr.

Portsmouth, NH 03801

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

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

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

1000005203

* 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 PC70895 and is fully responsible for the performance of duties under Contract PC70895. As stated above, it is the Parent/Owner’s Employer Identification Number that is used for payment and tax reporting purposes under the Contract.

PC70896

Disregarded Entity

Sunoco, LLC* 3805 West Chester Pike Newtown Square, PA 19073

Customer Services Contact for NYS Contract Orders (Mon-Fri 8am-5pm):

Mike Reo Specialist Phone: 215-977-6137 Email: mike.reo@sunoco.com

Brad Stamper Specialist Phone: 610-833-3774 Email: brady.stamper@sunoco.com

Domenic Puglia Associate Specialist - Unbranded Sales Email: govorders@sunoco.com

Alan Montoya Rivas Associate Specialist - Supply & Dispatch Phone: 260-324-7921

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

464151222 1100195900

* 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 PC70896 and is fully responsible for the performance of duties under Contract PC70896. 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 23417 Fuel Oil, Heating (#2, Kerosene and Bioheating Fuel) PAGE 4

PC70897 United Metro Energy Corporation 500 Kingsland Ave.

Brooklyn, NY 11222

Customer Services Contact for NYS Contract Orders (Mon-Fri 7am-6pm:

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

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

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

Joseph Colonel Phone: 914-575-1604

Scott Alnwick Phone: 646-739-3004 Email: Scottalnwick@umecny.com

462112871 1100082712

GROUP 05500 AWARD 23417 Fuel Oil, Heating (#2, 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).

GROUP 05500 AWARD 23417 Fuel Oil, Heating (#2, Kerosene and Bioheating Fuel) PAGE 6

Awards

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

Item # County Fuel Type Contractor 1 Albany 2-TW B10 Buell Fuel, LLC

2 Albany 2-TW B20 Buell Fuel, LLC

3 Albany 2-MT B10 Buell Fuel, LLC

4 Albany 2-MT B20 Buell Fuel, LLC

5 Albany KERO (Heating) Buell Fuel, LLC

6 Bronx 2-MT B10 United Metro Energy Corporation

7 Broome 2-TW B10 Buell Fuel, LLC

8 Broome 2-MT B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

9 Broome KERO (Heating) Buell Fuel, LLC

10 Cayuga 2-TW B10 Buell Fuel, LLC

11 Cayuga 2-TW B20 Buell Fuel, LLC

12 Cayuga KERO (Heating) Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

13 Chemung 2-TW B10 Buell Fuel, LLC

14 Chemung 2-MT B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

15 Chemung KERO (Heating) Buell Fuel, LLC

16 Chenango 2-TW B10 Buell Fuel, LLC

17 Clinton 2-TW B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

18 Clinton 2-TW B20 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

19 Clinton 2-MT B10 Buell Fuel, LLC

20 Clinton 2-MT B20 Buell Fuel, LLC

21 Clinton KERO (Heating) Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

22 Columbia 2-TW B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

23 Columbia 2-TW B20 Buell Fuel, LLC

24 Columbia 2-MT B10 Buell Fuel, LLC

25 Columbia 2-MT B20 Buell Fuel, LLC

26 Columbia KERO (Heating) Buell Fuel, LLC

27 Cortland 2-TW B10 Buell Fuel, LLC

28 Delaware 2-TW B10 Buell Fuel, LLC

29 Delaware 2-TW B20 Buell Fuel, LLC

30 Delaware 2-MT B10 Buell Fuel, LLC

31 Delaware 2-MT B20 Buell Fuel, LLC

32 Delaware KERO (Heating) Buell Fuel, LLC

33 Dutchess 2-TW B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

34 Dutchess 2-MT B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

35 Dutchess 2-MT B20 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

36 Erie 2-TW B10 Buell Fuel, LLC

37 Erie 2-MT B10 Sunoco, LLC

38 Essex 2-TW B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

39 Essex 2-MT B10 Buell Fuel, LLC

GROUP 05500 AWARD 23417 Fuel Oil, Heating (#2, Kerosene and Bioheating Fuel) PAGE 7

40 Essex KERO (Heating) Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

41 Franklin 2-TW B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

42 Franklin 2-MT B10 Buell Fuel, LLC

43 Franklin 2-MT B20 Buell Fuel, LLC

44 Franklin KERO (Heating) Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

45 Fulton 2-TW B10 Buell Fuel, LLC

46 Greene 2-TW B10 HOP Energy dba KoscoHeritage

47 Greene 2-TW B20 Buell Fuel, LLC

48 Greene 2-MT B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

49 Greene KERO (Heating) Buell Fuel, LLC

50 Hamilton 2-TW B10 Buell Fuel, LLC

51 Hamilton 2-MT B10 Buell Fuel, LLC

52 Herkimer 2-TW B10 Buell Fuel, LLC

53 Herkimer 2-TW B20 Buell Fuel, LLC

54 Herkimer 2-MT B20 Buell Fuel, LLC

55 Herkimer KERO (Heating) Buell Fuel, LLC

56 Jefferson 2-TW B10 Buell Fuel, LLC

57 Jefferson 2-TW B20 Buell Fuel, LLC

58 Jefferson 2-MT B10 Buell Fuel, LLC

59 Jefferson 2-MT B20 Buell Fuel, LLC

60 Jefferson KERO (Heating) Buell Fuel, LLC

61 Kings 2-TW B10 Sprague Operating Resources LLC

62 Kings 2-MT B10 Sprague Operating Resources LLC

63 Kings KERO (Heating) Sprague Operating Resources LLC

64 Lewis 2-TW B10 Buell Fuel, LLC

65 Livingston 2-TW B10 Buell Fuel, LLC

66 Madison 2-TW B10 Buell Fuel, LLC

67 Madison KERO (Heating) Buell Fuel, LLC

68 Monroe 2-TW B10 Buell Fuel, LLC

69 Monroe 2-MT B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

70 Montgomery 2-TW B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

71 Montgomery 2-TW B20 Buell Fuel, LLC

72 Montgomery KERO (Heating) Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

73 Nassau 2-TW B10 Sprague Operating Resources LLC

74 Nassau 2-TW B20 Sprague Operating Resources LLC

75 Nassau 2-MT B10 Sprague Operating Resources LLC

76 Nassau 2-MT B20 Sprague Operating Resources LLC

77 New York 2-MT B10 Sprague Operating Resources LLC

78 Niagara 2-TW B10 NO AWARD

79 Oneida 2-TW B10 Buell Fuel, LLC

80 Oneida 2-TW B20 Buell Fuel, LLC

81 Oneida 2-MT B10 Buell Fuel, LLC

82 Oneida KERO (Heating) Buell Fuel, LLC

83 Onondaga 2-TW B10 Buell Fuel, LLC

GROUP 05500 AWARD 23417 Fuel Oil, Heating (#2, Kerosene and Bioheating Fuel) PAGE 8

84 Orange 2-TW B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

85 Orange 2-TW B20 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

86 Orange 2-MT B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

87 Orange KERO (Heating) Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

88 Orleans 2-TW B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

89 Orleans KERO (Heating) Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

90 Oswego 2-TW B10 Buell Fuel, LLC

91 Oswego KERO (Heating) Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

92 Otsego 2-TW B10 Buell Fuel, LLC

93 Otsego 2-MT B10 Buell Fuel, LLC

94 Otsego KERO (Heating) Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

95 Putnam 2-TW B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

96 Putnam 2-MT B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

97 Putnam 2-MT B20 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

98 Queens 2-TW B10 United Metro Energy Corporation

99 Queens 2-MT B10 Sprague Operating Resources LLC

100 Rensselaer 2-TW B10 Buell Fuel, LLC

101 Rensselaer 2-TW B20 Buell Fuel, LLC

102 Rensselaer KERO (Heating) Buell Fuel, LLC

103 Richmond 2-TW B10 Sprague Operating Resources LLC

104 Richmond 2-MT B10 Sprague Operating Resources LLC

105 Rockland 2-TW B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

106 Rockland 2-TW B20 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

107 Rockland 2-MT B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

108 Rockland 2-MT B20 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

109 Saratoga 2-TW B10 Buell Fuel, LLC

110 Saratoga 2-TW B20 Buell Fuel, LLC

111 Saratoga 2-MT B10 Buell Fuel, LLC

112 Saratoga 2-MT B20 Buell Fuel, LLC

113 Saratoga KERO (Heating) Buell Fuel, LLC

114 Schenectady 2-TW B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

115 Schenectady 2-TW B20 Buell Fuel, LLC

116 Schenectady 2-MT B20 Buell Fuel, LLC

117 Schenectady KERO (Heating) Buell Fuel, LLC

118 Schoharie 2-TW B10 Buell Fuel, LLC

119 Schoharie 2-MT B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

120 Schoharie KERO (Heating) Buell Fuel, LLC

121 Seneca 2-TW B10 Buell Fuel, LLC

122 Seneca 2-TW B20 Buell Fuel, LLC

123 Seneca 2-MT B20 Buell Fuel, LLC

124 Seneca KERO (Heating) Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

125 Steuben 2-TW B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

126 St Lawrence 2-TW B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

127 St Lawrence 2-MT B10 Buell Fuel, LLC

GROUP 05500 AWARD 23417 Fuel Oil, Heating (#2, Kerosene and Bioheating Fuel) PAGE 9

128 St Lawrence 2-MT B20 Buell Fuel, LLC

129 St Lawrence KERO (Heating) Buell Fuel, LLC

130 Suffolk 2-TW B10 Sprague Operating Resources LLC

131 Suffolk 2-TW B20 Sprague Operating Resources LLC

132 Suffolk 2-MT B10 Sprague Operating Resources LLC

133 Suffolk 2-MT B20 United Metro Energy Corporation

134 Sullivan 2-TW B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

135 Sullivan 2-MT B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

136 Sullivan KERO (Heating) Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

137 Tioga 2-MT B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

138 Tompkins 2-TW B10 Buell Fuel, LLC

139 Ulster 2-TW B10 HOP Energy dba KoscoHeritage

140 Ulster 2-TW B20 Sprague Operating Resources LLC

141 Ulster 2-MT B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

142 Ulster KERO (Heating) Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

143 Warren 2-TW B10 Buell Fuel, LLC

144 Warren 2-TW B20 Buell Fuel, LLC

145 Warren 2-MT B10 Buell Fuel, LLC

146 Warren KERO (Heating) Buell Fuel, LLC

147 Washington 2-TW B10 Buell Fuel, LLC

148 Washington 2-TW B20 Buell Fuel, LLC

149 Washington 2-MT B10 Buell Fuel, LLC

150 Washington KERO (Heating) Buell Fuel, LLC

151 Wayne KERO (Heating) Buell Fuel, LLC

152 Westchester 2-TW B10 Sprague Operating Resources LLC

153 Westchester 2-TW B20 Sprague Operating Resources LLC

154 Westchester 2-MT B10 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

155 Westchester 2-MT B20 Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

156 Westchester KERO (Heating) Mirabito Holdings, Inc. d/b/a Mirabito Energy Products

157 Yates 2-TW B10 Buell Fuel, LLC

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.

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.

GROUP 05500 AWARD 23417 Fuel Oil, Heating (#2, Kerosene and Bioheating Fuel) PAGE 10

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.

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.

Contractor must maintain service facilities and have trained personnel qualified to service the Product furnished at the using Authorized User within 48 hours.

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.

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

GROUP 05500 AWARD 23417 Fuel Oil, Heating (#2, Kerosene and Bioheating Fuel) PAGE 11

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

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.

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: https://cleanfuels.org/faq/

GROUP 05500 AWARD 23417 Fuel Oil, Heating (#2, Kerosene and Bioheating Fuel) PAGE 12

Price

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

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 Contract.

Any special allowances were not included in the Bid price, as they could be considered in evaluating Bids. However, if the Contractor extends such allowances during the term of the Contract to Federal, State, Local Governments or to commercial users in the normal course of doing business, New York State requires that such allowances will also be available to the State in the maximum amount extended to others who Contract to purchase fuel oil under similar contractual terms and conditions.

Contract prices shall be firm except that price revisions will be permitted in accordance with Section 3.8, Price Adjustment/Revisions set forth in this Contract and with respect to certain taxes and duties as follows:

1. “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.

2. “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.

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

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

GROUP 05500 AWARD 23417 Fuel Oil, Heating (#2, Kerosene and Bioheating Fuel) PAGE 13

5. The price for fuel oil under this 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.

6. The price for fuel oil under this 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.

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

For Biodiesel, No. 2 oil 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.

For Biodiesel and No. 2 oil

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

Delaware Nassau Greene Cattaraugus Hamilton Essex New York Orange Cayuga Herkimer

Franklin Queens Putnam Chautauqua Jefferson Otsego Richmond Rockland Chemung Lewis

Rensselaer Suffolk Sullivan Cortland Madison Saratoga Westchester Ulster Erie Montgomery

Schenectady Genesee Oneida Schoharie Livingston Onondaga

St Lawrence Monroe Oswego Warren Niagara

Washington Ontario Orleans Schuyler Seneca Steuben Tioga Tompkins Wayne Wyoming Yates

*For Biodiesel and No. 2 oil the Posting Location will be Newark.

GROUP 05500 AWARD 23417 Fuel Oil, Heating (#2, Kerosene and Bioheating Fuel) PAGE 14

For Kerosene

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

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.

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

Should postings differ from current description and/or format, a posting determined by the Commissioner in his/her sole discretion to be most reflective of market conditions will be used.

To follow are three historic examples that have occurred.

Example 1 from April 2016 Please be advised that as of April 22, 2016, the weekly fuel price adjustments for Buffalo Kerosene will be based solely on the low posting published in OPIS’s Oil Price Daily, as was the basis of the original bid (June 19, 2014) and award (November 20, 2014), due to inconsistent reporting of both a high and a low Posted Price.

Example 2 from February 2016 Please be advised that as of January 29, 2016, the weekly fuel price adjustments for Utica Kerosene will be based solely on the low posting published in OPIS’s Oil Price Daily, as was the basis of the original Bid (June 19, 2014) and award (November 20, 2014), due to inconsistent reporting of both a high and a low Posted Price.

Example 3 from March 2022 As per the terms and conditions of the Contract (Section 3.7.2 Calculation Change or Substitution), please be advised that as of March 11, 2022, the weekly fuel price adjustments for Soybean Oil will be based on the simple average of the high and low asking price of soybean oil (region Illinois) found in the immediately preceding published Friday USDA AMS 3511 report.

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 Contractor shall use the reference as designated in Attachment 1 - Pricing on a per Item basis. The Contractor is restricted to the postings as indicated in Attachment 1 ONLY. Selection of alternate listings will NOT be permitted.

GROUP 05500 AWARD 23417 Fuel Oil, Heating (#2, Kerosene and Bioheating Fuel) PAGE 15

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 27, 2025, 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 Contract, for each reference. The term “Posting Day” or “Posted Price” as used throughout the Contract 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 this Contract:

(1) Price increases are limited to changes in the OPIS Posting Location as listed in Section 3.7 – 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).

ALL FIGURES ARE TRUNACTED TO FOUR DECIMAL PLACES IN DOLLARS PER

GALLON

NYS DOL Prevailing Wage Rates – Public Works and Building Services Contracts

The work performed under the Contract may be 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, OGS General Specifications.

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, rejection of a Contractor’s response to an Authorized User, or suspension or termination of Contract.

IMPORTANT NOTE: Authorized Users MUST obtain a separate PRC # for each project from This Award where prevailing wage rates apply. The requested PRC number MUST be noted on all Purchase Orders issued for purchases from this Contract.

For access to the Department of Labor (DOL) Prevailing Wage Schedule, use the following link:

NYSDOL - Prevailing Wage

For Prevailing Wage Updates, use the following DOL link:

NYSDOL - Prevailing Wage Links to schedule updates appear in the table at the bottom of the web page.

The following also applies to this Contract.

https://apps.labor.ny.gov/wpp/showSearchWageSchedulePublicArt9.do?method=showIt https://apps.labor.ny.gov/wpp/showSearchWageSchedulePublicArt9.do?method=showIt https://apps.labor.ny.gov/wpp/publicViewPWChangesArt9.do?method=showIt https://apps.labor.ny.gov/wpp/publicViewPWChangesArt9.do?method=showIt

GROUP 05500 AWARD 23417 Fuel Oil, Heating (#2, Kerosene and Bioheating Fuel) PAGE 16

A. Living Wage. An Authorized User subject to a local law establishing a “living wage,” such as Section 6-109 of the New York City Administrative Code, is required to ensure the Contractor sought to be hired complies with such local law. If the pay rate(s) for a job title(s) is less than the local law “living wage,” then the Authorized User subject to such local law cannot use this Contract for such job title(s). Local laws, however, are not a term and condition of the OGS 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.

Contractor shall indicate if they will accept the New York State Procurement Card. For all purchases executed using a New York State Procurement Card, Contractor shall provide an itemized receipt with each delivery.

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” per Section 3.17, shall be exempt from minimum order requirements, including other factors out of the control of Authorized Users (e.g., short filling, mechanical issues, inadequate fuel supply). In no case shall a surcharge be applied to a location while on “automatic replenishment.”

Tank Capacity (in gallons)

Amount Delivered

Optional Surcharge

275 or more Under 150 to 75 $50.00

Under 75 $75.00 Tank Capacity (in gallons) Amount Delivered Optional Surcharge

Less than 275 Under 150 to 75 $25.00

Under 75 $50.00

Upon written direction by OGS, an Authorized User shall have one (1) delivery per tank per Contract year for tank top-off testing that is exempt from any minimum order surcharge.

GROUP 05500 AWARD 23417 Fuel Oil, Heating (#2, Kerosene and Bioheating Fuel) PAGE 17

If delivering to same property, but to separate tanks, minimum delivery charge will only be applicable if total delivery to property is less than minimum order size.

Invoicing and Payment

Invoicing and payment shall be made in accordance with the terms set forth in Appendix B, Contract Invoicing.

The Contractor is required to provide the Authorized User with one invoice for each Purchase Order at the time of Delivery. The invoice must include detailed line item information to allow Authorized Users to verify that pricing at point of receipt matches the Contract price on the original date of order. At a minimum, the following fields must be included on each invoice:

• Contractor Name

• Contractor Billing Address

• Contractor Federal ID Number

• NYS Vendor ID Number

• Account Number

• NYS Contract Number

• Name of Authorized User indicated on the Purchase Order

• NYS Agency Unit ID (if applicable)

• Authorized User’s Purchase Order Number

• Order Date

• Invoice Date

• Invoice Number

• Invoice Amount

• Product Descriptions

• Unit Price

• Quantity

• Unit of Measure

• Dates of Service/Delivery (if applicable)

Cost centers or branch offices within an Authorized User may require separate invoicing as specified by each Authorized User. The Contractor's billing system shall be flexible enough to meet the needs of varying ordering systems in use by different Authorized Users. Visit the following link for further guidance for vendors on invoicing: https://bsc.ogs.ny.gov/nys-vendors

Product Delivery

Delivery of all Contract Products shall be made in accordance with Appendix B, Product Delivery and Shipping/Receipt of Product.

Delivery shall be made as specified and in accordance with instructions furnished with each order, unless otherwise directed in writing. Contractor must be prepared, at all times, to make Prompt Delivery, but the time shall never exceed forty-eight (48) hours. In State declared emergencies, fuel must be delivered within eight (8) to twelve (12) hours of notification. Should there be an after-hours or weekend emergency or should Authorized User run out of fuel oil at any time creating an emergency situation, the Contractor shall be required to provide product within four (4) hours of a telephone call from the Authorized User.

Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. If there is a discrepancy between the Purchase Order and what is listed on the Contract, it is the Contractor’s obligation to seek clarification from the ordering Authorized User and, if applicable, from OGS, Procurement Services. On occasion, to prevent fuel run outs during storms or other emergency situations, the Contractor must allow Authorized Users the flexibility to manually schedule deliveries to top-off tank inventories. Normal Deliveries are considered to be Monday thru Friday (8:00 am - 5:00 pm).

Saturday/Sunday Deliveries are not standard and are to be made on an emergency basis (and not a regular basis) ONLY, unless mutually agreed upon between the Contractor and Authorized User, or if a

GROUP 05500 AWARD 23417 Fuel Oil, Heating (#2, Kerosene and Bioheating Fuel) PAGE 18 run out is imminent before the next normal Delivery day. Delivery of heating oil should give first priority to “Human Needs Customers”.

Failure to make prompt Delivery may result in an Authorized User’s submission of a Contract Performance Report to OGS. Per Appendix B, Section 48(a), (d) and (e), the Authorized User shall have the right to purchase sufficient heating fuel on the open market to fill such tank or tanks and to charge any increase in price paid over the current Contract price to the account of the Contractor.

Authorized Users shall be responsible for ensuring that tanks are accessible to the Contractor.

Authorized Users should also make certain that receiving personnel are available at time of delivery.

Failure of the Authorized User to make appropriate Delivery arrangements, which prevents the 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. The Contractor must notify the Authorized User of the attempted Delivery prior to charging for any future Delivery attempts for the same circumstance. The Contractor must state the amount that would be charged for the direct cost of this subsequent Delivery attempt and provide supporting documentation that substantiates the direct cost for the failed Delivery at the fault of the Authorized User. The Authorized User must agree in writing to any such costs for subsequent Delivery attempts, prior to the Contractor making the subsequent Delivery. At no time should a charge be applied to an Authorized User for an attempted Delivery that failed at no fault of their own.

Method of Delivery

TW: Delivery by tank wagon into storage tanks of less than 5,500 gallons at one time into one tank.

MT: Minimum delivery of 5,500 gallons to one or more tanks from one fixed location of the Delivery vehicle.

All such deliveries shall first be recorded directly into the transporting vehicle.

Fuel oil tank wagon deliveries shall be delivered by tank wagons used exclusively for transporting No. 2 biofuels.

Automatic Replenishment

Requests for automatic replenishment are preferred in WRITING from an Authorized User but may be required by the Contractor. A Contractor shall provide written notification back to any Authorized User's request for automatic replenishment on any tank with a total gross capacity equal to or greater than 375 gallons. Automatic replenishment for tank capacities less than 375 gallons will be at the Contractor’s option and may be subject to a minimum order charge (see Section 3.13, Minimum Order).

Determination for total gross tank capacity shall include all manifolded tanks. The Contractor shall maintain a record of the estimated consumption of Biodiesel and Kerosene, as the case may be using the “degree day” or equivalent method and shall replenish the Authorized User’s tank or tanks without further notice from the Authorized User, whenever necessary to ensure an adequate supply at all times.

A “degree day” compares the mean (the average of the high and low) outdoor temperatures recorded for a location to a standard temperature, usually 65° Fahrenheit (F) in the United States.

If the Contractor, after having accepted the request from the Authorized User, permits the level of the fuel to fall below the percentages of the total capacity of the Authorized User’s tank or tanks indicated in the following table, and does not meet the requirement to deliver on an emergency basis within four (4) hours, the Authorized User shall have the right to purchase sufficient fuel on the open market to fill such tank or tanks and to charge any increase in price paid over the current Contract price to the account of the Contractor. The Contractor shall permit another vendor to supply fuel oil into any Contractor-owned tank(s) if applicable and shall not hold the Authorized User or the other supplying source liable in any way for said Delivery.

MINIMUM LEVEL TOTAL - TANK CAPACITY/GALS

10% Under 5,500 15% 5,500 and over

GROUP 05500 AWARD 23417 Fuel Oil, Heating (#2, Kerosene and Bioheating Fuel) PAGE 19

Delivery Schedules

The Delivery schedules are based on Authorized Users’ requirements submitted to Procurement Services by Requirement Letter RL226, and as subsequently updated and confirmed with Authorized Users as shown in Section 1.2 and Attachments 10 and 11. The Delivery schedules are available as a guide to indicate proposed Delivery points and estimated annual quantities. Any specific questions regarding the site conditions should be directed to the end-user via any communication available, as shown on the Delivery Schedules. The Delivery Schedules are attachments in this Contract, and any updates, (if any) are available on the OGS website.

Contractor shall be obligated to Deliver under this Contract to any State Agency which places a Purchase Order under this Contract, whether or not such Delivery location is identified in the Delivery Schedules.