1-8118 Heating Fuel FBD.pdf

Barnstable County Purchasing Department

INVITATION FOR BID

Supply and Delivery of #2 Fuel Oil

IFB #: 8118

Date: Monday, April 20, 2026

Table of Contents

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INSTRUCTION TO BIDDERS

1. Service Specifications

2. Term of the Agreement

3. Sub-Contractors

4. Pre-Bid Meeting

5. Bid Response Instructions

6. Required Bid Response Date

7. Bid Signature

8. Official Date and Time

9. Time for Bid Acceptance

10. Modification or Withdrawal of Bids, Mistakes, and Minor Informalities

11. Bid Prices to Remain Firm

12. Questions and County POC

13. Changes & Addenda

14. Key Personnel

15. References

16. Price Escalation

17. Insurance

18. Contractual Terms

19. Collective Purchasing

20. References to General Laws

21. Cost of Preparation

22. County Tax Exemption

23. Political Activity Prohibited, Anti-Boycott Warranty

24. Contractor Compliance

25. Public Record Request

26. Selection and Notice

27. Vendor Self Service (VSS) – Online Supplier Portal

Attachments

1. Attachment A: Service Specifications

2. Attachment B: Certificate of Non-Collusion/ State Tax Compliance

3. Attachment C: References

4. Attachment D: Purchase Order Terms and Conditions

5. Attachment E: Contract for Services

6. Attachment F: Bid Submission Instructions https://barnstablecounty-my.sharepoint.com/wjaedtke_barnstablecounty_org/maintenance/IFB/Model%20IFB%20comments.doc#statute

Barnstable County Regional Government of Cape Cod Purchasing Department Jennifer L.V. Frates, Chief Procurement Officer

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Barnstable County invites sealed bids for Supply and Delivery of #2 Fuel Oil per Bid No. 8118

The bid documents may be obtained electronically online at https://barnstablecounty.bonfirehub.com where they are publicly available as of Monday, April 20, 2026 at 8:00AM.

A Pre-bid Meeting will occur via Microsoft Teams on Tuesday, May 5, 2026, at 10:00AM. The link to the meeting can be found under the Important Events section on the Bonfire portal in this bid opportunity.

Bids are due Tuesday, May 12, 2026 at 11:00AM. THIS PROJECT IS BEING ELECTRONICALLY BID AND HARD COPY BIDS WILL NOT BE ACCEPTED. It is the bidder's sole responsibility to familiarize themselves with the Bonfire Online Bid Submission Platform and the online bid submission process and requirements.

The County of Barnstable reserves the right to accept or reject any or all bids, to waive any informality contained therein, and to award the contract as decided to be in the best interest of the County.

All bids for this project are subject to the provisions of Massachusetts General Laws, Chapter 30B as amended.

The County of Barnstable fully complies with federal, state, and local laws and directives governing equal opportunity, affirmative action and non-discrimination in all county activities and actively solicits bids/proposals from MBE/WBE businesses in accordance with County policy.

Jennifer Frates Chief Procurement Officer

3195 Main Street | P.O. Box 427 | Barnstable, Massachusetts 02630

P: (508) 375-6637 E: Jennifer.frates@capecod.gov https://barnstablecounty.bonfirehub.com/ mailto:Jennifer.frates@barnstablecounty.org

Instruction to Bidders

Supply and Delivery of #2 Fuel Oil

IFB #: 8118

Barnstable County is soliciting bids from qualified vendors to provide Supply and Delivery of #2 Fuel Oil.

1. Service Specifications Bidders are to submit responses based upon the specifications as outlined within Attachment A, "Service Specifications". All pricing should be inclusive of all costs associated with providing services as specified.

2. Term of Agreement The contract resulting from this IFB will have a term of July 1, 2026 to June 30, 2027.

3. Sub Contractors If any aspect of this project is to be sub contracted it must be noted within your response. Include the name of the sub contractors and qualifications.

4. Pre-Bid Meeting A Pre-bid Meeting will occur via Microsoft Teams on Tuesday, May 5, 2026, at 10:00AM. The link to the meeting can be found under the Important Events section on the Bonfire portal in this bid opportunity.

5. Bid Response Instructions All bid responses will be received online prior to the date and time specified below for the project titled IFB # 8118 Supply and Delivery of #2 Fuel Oil to the Bonfire Online Bidding Tool which can be access online at https://barnstablecounty.bonfirehub.com All required documents must be submitted in the format specified, all fields must be completed as specified and the documents must be submitted to the correct project folder in order for the bid response to be complete. Hard copy bid responses will not be accepted. It is the bidder's sole responsibility to familiarize themselves with the Bonfire Online Bid Submission Platform and the online bid submission process and requirements. Instructions can be found in Attachment F.

6. Required Bid Response Date

Bidders who wish to be considered for this project should submit their proposals per the instructions above to the County prior to the date and time specified below.

Proposals are due on or before Tuesday, May 12, 2026 at 11:00AM. No late proposals will be accepted. Bids will be opened publicly online immediately after the bid closes through Microsoft Teams. A link is provided in the Bonfire Portal for any member of the public who would like to join.

7. Bid Signature A bid must be signed as follows: 1) if the bidder is an individual, by her/him personally; 2) if the bidder is a partnership, by the name of the partnership, followed by the signature of each general partner; and 3) if the bidder is a corporation, by the authorized officer, whose signature must be attested to by the clerk/secretary of the corporation, and with the corporate seal affixed.

8. Official Date & Time A bid will not be considered delivered unless the bid has been received online by the Bonfire Online Bidding Tool (in the correct project) which can be accessed at https://barnstablecounty.bonfirehub.com prior to the date and time specified in the documents. The official date and time shall be the date and time shown online at https://barnstablecounty.bonfirehub.com Contractors providing a bid on a project for any work at this facility must take this information into consideration prior submitting any proposal.

9. Time for Bid Acceptance The contract will be awarded within 30 days after the bid opening. The time for award may be extended for up to 45 additional days by mutual agreement between Barnstable County and the apparent lowest responsive and responsible bidder (or, for a contract requiring payment, the apparent highest responsive and responsible bidder.)

10. Modification or Withdrawal of Bids, Mistakes, and Minor Informalities Any proposals may be withdrawn or modified prior to the date and time stated in the proposal for the opening of proposals. Such withdrawal or modification must be done by the bidder online through the Bonfire Online Bidding Tool.

After the bid opening, a bidder may not change any provision of the bid in a manner prejudicial to the interests of the County for fair competition. Minor informalities will be waived, or the bidder will be allowed to correct them. If a mistake and the intended bid are clearly evident on the face of the bid document, the mistake will be corrected to reflect the intended correct bid, and the bidder will be notified in writing; the bidder may not withdraw the bid. A bidder may withdraw a bid if a mistake is clearly evident on the face of the bid document, but the intended correct bid is not similarly evident.

If this bid is received electronically, bidders are solely responsible for obtaining and completing required attachments that are identified in this bid and for checking for any addenda or modifications that are subsequently made to this bid or attachments. Barnstable County accepts no liability and will provide no accommodation to bidders who fail to check for amended bids and submit inadequate or incorrect responses.

Bidders may not alter (manually or electronically) the bid language or any bid documents. Unauthorized modifications to the body of the bid, specifications, terms or conditions, or which change the intent of this bid are prohibited and may disqualify a response.

11. Bid Prices to Remain Firm All bid prices submitted in response to this bid must remain firm for 30 days following the bid opening.

12. Questions and County POC Any clarification of requirements or requests for additional information by proposers must be made in writing to the Bonfire Public Q&A https://barnstablecounty.bonfirehub.com and submitted no later than the deadline as referenced in the Submission instructions, Attachment E. Answers to all questions will be made in writing and posted online as an addendum to the IFB # 8118 Supply and Delivery of #2 Fuel Oil on the bid website as an attachment under the bid information: https://barnstablecounty.bonfirehub.comOnly questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

Vendors with multiple questions shall submit up to 10,000 words in a single post within the Public Q&A section of Bonfire.

13. Changes & Addenda For any bid or RFP document and any addenda that are received electronically, it is the responsibility of every bidder who receives this bid or RFP and all associated documents to check this website for any addenda.

Barnstable County accepts no liability to provide accommodation to bidders who submit a response based https://barnstablecounty.bonfirehub.com/ https://barnstablecounty-my.sharepoint.com/wjaedtke_barnstablecounty_org/maintenance/IFB/Model%20IFB%20comments.doc#statute upon information obtained from its website. Bidders may not alter (manually or electronically) the bid language or any bid documents.

14. Key Personnel Include within your response the key individuals that will be responsible for ensuring the success of this project and their qualifications.

15. References Provide the following references (Attachment C):

• Provide contact information (entity name, contact name, title, phone number & email address) for three client references on projects of similar type, scale, and complexity.

16. Price Escalation

Not Applicable (N/A)

17. Insurance General Insurance Requirements Prior to the commencement this Contract, the Vendor shall procure and maintain during the life of the Contract and beyond as required, the types and limits of insurance as outlined below:

a. All insurance required of the Vendor will be maintained with companies assigned a letter rating in the "A- VIII" category from A.M. Best or which are otherwise acceptable to the County of Barnstable, and which are lawfully authorized to do business in the Commonwealth of Massachusetts.

b. Each policy (except workers' compensation and personal property) shall include County of Barnstable, and all other political subdivisions/entities as their interests may appear in the awarded scope of work (herein after referred to as "all other political subdivisions"), its officers and employees as Additional Insureds or loss payees as their interests may appear. Each policy shall indicate that the coverage is primary and non-contributory.

c. Each policy shall contain a waiver of subrogation in favor of County of Barnstable, and "all other political subdivisions," its officers and employees.

d. No policy must be allowed to expire, be cancelled or materially modified without thirty (30) days' prior written notice to the Chief Procurement Officer, County of Barnstable.

Liability Insurance The Vendor shall be fully responsible for all claims for damages for bodily injury, including wrongful death, and all claims for property damage, which may result from the performance of this Contract by the Vendor, or any of their respective agents or employees. The Vendor's liability shall not be limited to the extent of the insurance required herein. The Vendor shall take out and maintain in force during the life of this Contract the following types of insurance to protect the County of Barnstable, and "all other political subdivisions," its agents, and employees from claims which may arise from operations by himself or by anyone directly or indirectly employed by Vendor or working on their behalf.

a. Commercial General Liability Insurance: to cover all claims for damages for bodily injury including accidental death, as well as claims for property damage which may arise out of operations performed in connection with the Contract. The policy shall provide a combined single limit for bodily injury and property damage of one million dollars (1,000,000) per occurrence, and three million dollars ($3,000,000) aggregate. Personal and Advertising Injury coverage shall be provided at a limit of ($1,000,000).

The County of Barnstable and "all other political subdivisions" shall be named as an additional insured on all public liability and property damage insurance policies. The policy shall include a waiver of subrogation in favor of the County of Barnstable, and "all other political subdivisions."

No insurance policy obtained pursuant to this section shall contain a deductible or self-insured retention.

b. Automobile Liability: to cover the liability of the Vendor arising from operations on and off the site of all motor vehicles whether they are owned, non-owned or hired. The policy shall be on an occurrence form with a combined single limit for bodily injury and property damage liability of at least one million dollars ($1,000,000).

The policy should include a Broadened Pollution Endorsement (CA 99 48) if Vendor is bringing fuel cans or possible pollutants, mobile equipment or other gas-powered tools on-site. If hauling hazardous materials, contaminants or pollutants, the policy shall include coverage form MCS-90 in accordance with Sections 29 and 30 of the Motor Carrier Act of 1980.

c. Umbrella Liability: to protect the Vendor against all claims excess of the commercial general liability and automobile liability mentioned above and employer's liability coverage mentioned in the paragraph below. The coverage provided by the umbrella policy shall be at least as broad as the underlying policies. The limit of protection provided by the policy shall be a minimum of two million dollars ($2,000,000) or such other amount if required by the County of Barnstable and indicated via addendum to this Contract.

Workers' Compensation and Employer's Liability Insurance Before commencing performance of this contract, the Vendor shall provide insurance for the payment of compensation and the furnishing of other benefits under the Massachusetts General Laws Chapter 152 (the so-called Workers Compensation Law) to all persons to be employed under this contract, the workers' compensation laws of any other state if there are any persons employed outside of Massachusetts, and any requirement for compensation required under any Federal Act for any maritime employee, longshoreman or harbor workers, and shall continue such insurance in full force and effect during the term of this contract. The contract shall, without limiting the generality of the foregoing, conform to the provisions of the General Laws Chapter 149 S34(a), which section is incorporated herein by reference and made a part hereof.

The Vendor shall provide employer's liability insurance in an amount not less than $500,000 for each accident or disease for each employee.

Personal Property Insurance Any tools, equipment, materials, and other personal property owned by Vendor shall be the sole responsibility and risk of Vendor. The County of Barnstable, and "all other political subdivisions" shall not be liable for any loss, damage, or theft to such property. Any insurance that Vendor elects to maintain on Vendor's personal property and materials shall be the sole responsibility and cost of Vendor.

Pollution Legal Liability If applicable, the Contractor shall provide insurance coverage for bodily injury and property damage resulting from Contractor's liability arising out of pollution related exposures such as asbestos abatement, lead paint abatement, tank removal, mold remediation, removal of contaminated soil, etc. The policy shall also include coverage for on-site and off-site bodily injury and loss of damage to or loss of use of property, directly or indirectly arising out of the discharge, dispersal, release or escape of irritants, contaminants or pollutants into or upon the land, the atmosphere or any water course or body of water, whether it be gradual, or sudden and accidental. The policy shall also include defense and clean-up costs. The policy shall provide a minimum limit of one million dollars ($1,000,000) per occurrence for this project. If the policy is claims made, the retroactive date shall be no later than the commencement date of this contract and the policy shall include an extended reporting period of at least one year from substantial completion and acceptance of the work by the County of Barnstable or owner of the project.

Additional types of Insurance

The Vendor shall provide such other types of insurance as may be required by the County of Barnstable and indicated via addendum to this insurance requirement.

Proof of Insurance No work shall be commenced on the site by the Vendor until copies of the policy or certificates of the types of insurance required hereby have been furnished to the Chief Procurement Officer, in a form satisfactory to her. If the Vendor provides a Certificate of Liability Insurance, it must indicate each policy number, insurance company, policy effective and expiration date, and limits of insurance. The certificate must make specific reference to the Contract number. It must also provide proof that the policy(ies) has been properly endorsed to add the County of Barnstable, and "all other political subdivisions" as an additional insured and to add a waiver of subrogation in favor of the County of Barnstable, and "all other political subdivisions," and to provide the County of Barnstable with at least thirty (30) days' notice of any cancellation, termination or material modification. The certificate must be signed by a duly authorized representative of the issuing insurance companies.

In addition, renewal certificates must be received by the County of Barnstable thirty (30) days prior to any policy expiration. Further, policies must not be allowed to expire or be canceled without thirty (30) days prior written notice to the Chief Procurement Officer, County of Barnstable.

Effect of Failure to Continue Insurance in Force Failure to provide and continue in force the insurance required by this contract shall be deemed a material breach of this contract and shall operate as an immediate termination thereof.

18. Contractual Terms

Contractual terms and conditions will consist of the standard terms and conditions clauses contained within the County Purchase Order (Attachment D) and the Contract for Services (Attachment E) within this IFB. Any term not objected to will be deemed to have been accepted by the proposer. Exceptions to the terms and conditions may result in the respondent's offer being deemed as non-responsive.

19. Collective Purchasing In the event that the County is the lead agency in the procurement of goods and services on behalf of the Towns in Barnstable County and Political Subdivisions listed in Attachment A, the following shall apply:

A. Participating Entities: Reserve the right to reject their portion of the bid and/or waive any informalities.

Towns and Agencies not included in the bid and/or award will not be allowed to "piggyback" on this procurement.

B. Contractual Terms and Conditions: A Barnstable County contract for services will be executed as part of this procurement process.

Termination of a contract or services by any municipality shall not invalidate or alter the terms of a contract or services with any other municipality.

Some Towns or suppliers may require entering into their own specific agreements in addition to the execution of the County contract. Please note that the terms and conditions of these additional agreements shall not supersede the County contract terms and conditions. Participants are encouraged to submit these documents to their legal counsel for review.

C. Supplier Disputes: Participating entities are to attempt to resolve any matters directly with the Supplier with no involvement from the County. Only in the event of an unresolved dispute will the County attempt to settle the issue if it pertains to the services provided in the subject contract.

20. Reference to General Laws

Whenever in the proposal, contract, plans, drawings or specifications, reference is made to General Laws it shall be construed to include all amendments thereto effective as of the date of issue of invitation to proposal on the proposed work.

21. Cost of Preparation The cost of preparation and delivery of the proposals will be borne solely by the Vendor.

22. County Tax Exemption Any material furnished to Barnstable County is to be exempt from Massachusetts Sales Tax (Massachusetts Sales Tax Exemption No. E-04-6001419).

23. Political Activity Prohibited, Anti-Boycott Warranty The Contractor may not use any Contract funds and none of the services to be provided by the Contractor may be used for any partisan political activity or to further the election or defeat of any candidate for public office. During the term of this Contract, neither the Contractor nor any controlled group, within the meaning of s.993 (a) (3) of the Internal Revenue Code, as amended, shall participate in or cooperate with any international boycott, as defined in s.999 (b) (3) and (4) of the Internal Revenue Code of 1954, as amended;

nor shall either engage in conduct declared to be unlawful by M.G.L. c.151Es.2.

24. Contractor Compliance The successful Contractor must comply with provisions of The Copeland Anti-Kickback Act (18 USC 874) as supplemented in Department of Labor 29 CFR Part 3, the Davis-Bacon Act (40 USC 276a et.seq.), Sections 103 and 107 of the contract Work Hours and Safety Standard Act (50 USC 327-330) as supplemented by Department of Labor Regulation 29 CFR Part 5, and the Clean Air Act of 1970 (42 USC 1857, et.seq.) to the extent that they are applicable.

25. Public Record Request

All proposals received are subject to Massachusetts General Laws Chapter 4, Section 7, Section 26 and Chapter 66, Section 10 regarding public access to such documents. Statements or endorsements inconsistent with those statues will be disregarded.

26. Selection and Notice

a. Awards shall be made to the most responsive, responsible vendor offering the lowest overall price per Town for the fixed pricing should the Town choose to lock in gallons by the deadline on the day of the bid opening. OEP and NYNEX differentials will each be awarded to the lowest responsive responsible bidder per Town. The County reserves the right to award to multiple vendors.

b. The awarding authority may cancel an invitation for bids, a request for proposals, or other solicitation, or may reject in whole or in part any and all bids or proposals when the awarding authority determines that cancellation or rejection serves the best interests of the County of Barnstable.

c. The County will notify the selected firm of its decision and will be prepared to issue a purchase order immediately upon selection and notification that the offer to engage is accepted by the vendor.

27. Vendor Self Service (VSS) – Online Supplier Portal

For Vendors doing business with the Departments within the County Regional Government, Vendor Self

Service (VSS) is available to enter and maintain contact and remittance information, discount and payment terms, designated contact persons, view current and prior 1099 data, purchase orders, invoices and checks.

Vendors are encouraged to visit: https://selfservice.capecod.gov/vss to register and click Vendor Self Service. Instructions are available on the landing page to help with registration.

If you have done business with the County before, please be sure to have your vendor number and register as an existing vendor.

If you need your login information or have general questions, please email accounts.payable@capecod.gov, purchasing questions, please email purchasing@capecod.gov and banking information questions, please email treasury@capecod.gov.

The registration process takes 1-5 business days to finalize upon receipt of a completed, correct, and signed W-9. For a blank W-9 form, visit IRS Website for the most recent version.

END OF IFB

https://selfservice.capecod.gov/vss

Attachment A Service Specifications

OIL SPECIFICATIONS:

Beginning July 1, 2018, the Commonwealth of Massachusetts required that all heating oil be ultra-low sulphur diesel specification (ULSD). The ULSD product is a distillate that contains less than 15 parts per million (ppm) of sulphur, the same specification used for most diesel fuel.

Vendors are required to bid on and deliver the ULSD product:

Bidders are to deliver ULSD as defined in 310 CMR, section 7.05 (1).

The ASTM Standard Test Method for Sulfur in Petroleum Products by Energy-Dispersive X-Ray Fluorescence Spectroscopy (Designation D4294-90) and 40 CFR PART 80 SECTION 80.1, 80.2, 80.29,

80.30 must be adhered to. Bidder must provide upon request a current analysis of the Diesel product(s) being bid.

If any of the specifications listed conflict, the Chief Procurement Officer of Barnstable County will determine the specifications that meet or exceed the needs of Barnstable County and the Political Subdivisions listed within this IFB. The decision of the Chief Procurement Officer will be final.

ANALYSIS AND DISPOSITION OF OIL NOT MEETING THE OIL SPECIFICATIONS:

The paramount goal of this contract is supply and delivery of high quality oil that meets the Oil Specifications.

The Contractor is required to assure Barnstable County and all political subdivisions listed within this IFB that there are quality control mechanisms in place to assure the quality of delivered oil. If a customer has reason to believe that the Contractor has delivered oil of an inferior quality, questionable grade of oil, or oil with contaminants within (including water), the customer will have independent testing performed at the customer’s request at a testing lab selected by the customer. The Contractor will agree to abide by the testing results obtained from the independent testing lab and will pay for the cost of testing if delivered oil does not meet the standards.

All oil may be regularly and continually analyzed or only part or parts thereof may be analyzed by the County or any other political subdivision. Each contract will provide that upon such an analysis being made, the Contractor shall receive reasonable notice and shall be entitled to have a representative present when samples for analysis are taken and shall be entitled to take samples like the sample to be analyzed.

The contractor will be notified of any oil rejected for not having complied with the analysis as required by this IFB and is to immediately remove same and any other oil previously in the tank and immediately replace all with a like quantity of acceptable oil that complies with the specifications. All applicable Local, State, and Federal regulations must be complied with to meet the requirements of this Section. This process must begin as soon as possible upon the Contractor’s receipt of notice that the oil does not meet the specifications listed in this IFB, and in no event later than 24 hours after said receipt. On failure to do so, the County or other political subdivision affected may individually remove it at the expense of said Contractor, and if the Contractor fails to provide proper oil within a reasonable length of time the county or other political subdivision affected may individually cancel the Contract or may, at the expense of the Contractor, purchase a proper oil which will comply with the specifications listed in this IFB, charging said Contractor for any excess in cost thereof. Oil rejected under this paragraph, if partially used, shall be paid for at the contract price.

DELIVERY REQUIREMENTS:

The Contractor is obligated to supply the full oil requirements of the contract user including the purchase, transport, and delivery of oil to each contract user. The Contractor is responsible for all costs associated with the transport of oil to the contact user’s tank.

Deliveries must be in compliance with all applicable Local, State, and Federal laws and regulations.

Contractors are responsible for paying for any damage they cause at a site.

While performing work under this contract, the Contractor shall be responsible for completing cleanup for any spills or accidental release to the environment (pursuant to M.G.L. Chapter 21 E and other relevant regulations) at no cost to any of the entities listed within this IFB.

The Contractor shall notify all Local, State, and Federal authorities as required by law in the event of such a release or threat of release. The Contractor will make every effort to contact the customer’s emergency contact first, if time frames and conditions allow.

The Contractor will immediately notify the user facility contact person, in writing, in the event of a spill, release, or threat of a release to the environment and prior to initiating clean up response actions. If prior notification of the facility contact person is not possible, then the Contractor shall take appropriate response actions, as directed by the Contractor’s Licensed Site Professional, and notify the contact person, in writing, as soon as possible thereafter.

The Contractor must provide a written summary of all response action taken in any instance within the timelines established for reporting of spills and/or contamination, as set forth in M.G.L. Chapter 21 E.

The successful Bidder will protect Barnstable County and the other political subdivisions listed within this IFB from any and all infringements of patents, royalties, or damages arising from this contract’s transactions.

If at any time the contractor is unable to furnish materials or services as ordered individually by the County or other political subdivisions, the Contractor shall be obligated to obtain delivery from another supplier and the contractor will in turn invoice the County or other political subdivision so affected, at the price specified in such Contract with the County or other political subdivision affected, or, the County or other political subdivision may order such materials or services from such places as are available, and the contractor shall pay to the affected County or other political subdivision all expenses incurred above such contract price.

Deliveries made to the County of Barnstable or other political subdivision shall be in the presence of an authorized agent of that governmental entity.

Tank Wagon deliveries of #2 fuel oil are to be by metered trucks and delivery slips shall be stamped by the metering device indicating the amount of fuel oil delivered at each delivery. Deliveries shall be made on days and during hours that are acceptable to contract users.

All deliveries of TANK WAGON #2 fuel oil shall be automatic, based on degree-day units unless otherwise stipulated by awarding authorities or Section. Vendors are to make arrangements with each location for delivery times, etc. Liability for damage resulting from an oil tank running out of fuel because of a Contractor’s failure to make automatic deliveries shall be the responsibility of the Contractor.

Motor Transport deliveries must be sealed, receipts must accompany deliveries, and said seals shall be broken in the presence of an authorized agent of the government entity. Signed delivery slips are to be forwarded to the purchaser with invoices. Deliveries are to be made with 72 hours from date of notification. Spillage will be the responsibility of the contractor.

Motor Transport deliveries may be split between two sites at no extra charge.

Minimum delivery: No minimum order amounts for deliveries. Small (500 gallon or less) deliveries are discouraged.

PAYMENT:

Invoices shall be in cents per gallon. Twenty – (20) day payment schedules are offered for such quantities of materials or services as have been accepted by the County of Barnstable and by each other political subdivision individually. Discounts offered for payment within twenty (20) days shall be specified on each section for each political subdivision.

PRICING FORMAT:

Fixed Pricing: Bidders will offer a fixed price per gallon to be in effect for the duration of the contract for the quantity committed.

The County will inform the Vendor of how many gallons of oil it is committing to the Fixed Price on the bid opening day by the designated time. The Town/Entity is required by contract to take delivery and pay for the number of gallons of oil thus committed by the end of the fiscal year (June 30) for which the gallons were fixed.

If the Participant cannot take delivery of the full amount of fixed gallons by the end of the contract year, the Participant will either pay the Vendor his customary charge for storage of the remaining gallons, pre pay the remaining gallons for delivery later, or otherwise negotiate with the Vendor to end the commitment to the remaining fixed price gallons. Such storage fee shall not exceed $.10 per gallon, per month of storage commencing July 1 of the next contract year (same calendar year). Another option is to transfer unused gallons to other participants that may need more than contracted.

No later than June 1 of any contract year, the Vendor will inform the Participant of any remaining fixed price oil not taken during that contract year. The Participant will verify the number of gallons not taken against its own records of deliveries and execution of its “Buy Order” forms. If there is a discrepancy between the Vendor’s and Participant’s records, the Vendor must provide documentation of deliveries at the fixed price. If the Vendor fails to provide sufficient documentation, the Participant’s records will be considered accurate. If the Vendor fails to notify the Participant of any remaining fixed price gallons by June 30 of the contract year, the Participant may, at its sole discretion, either take delivery of the remaining gallons at the fixed price, without storage or other fees, by November 30 of the following contract year (same calendar year) or be totally relieved of any responsibility for the surplus oil.

In the event a Participant wishes to commit remaining estimated gallons or require more than anticipated, they have two options available.

Option 1 – OEP differential pricing contract as defined below.

Option 2 – NYMEX differential pricing to lock in additional gallons as part of the fixed price futures program.

Total Price per Gallon = Daily Commodity Price + Applicable Differential Price (additional taxes and federal environmental fees to be billed as separate line items on invoices)

Taxes: Do Not include taxes or environmental fees in the prices quoted as they will be factored in after the bid award. The Awarding Authorities will provide sales tax exempt certificates when requested.

The following additional taxes and federal environmental fees to be billed as separate line items on invoices:

• Federal Leaking Underground Storage Tank (LUST)

• Federal Oil Spill Liability Trust Fund

• Massachusetts Uniform Oil Response Fee

• NORA Fee

• Federal Superfund Fee

Operating Expense and Profit (OEP) Pricing: Items bid as OEP require vendors to compete for fuel on the basis of delivery margin. The OEP bid, expressed in cents per gallon (not to exceed four (4) decimal places) will be a constant factor and the delivery of fuel to be purchased at the fixed differential price, applied to the low wholesale Boston Price as published daily in the OPIS-Oil Price Daily (Formerly the JOC).

Total Price per Gallon = Daily Commodity Price + Applicable Differential Price (Additional taxes and federal environmental fees to be billed as separate line items on invoices)

The following exceptions to the OPIS postings will apply. Weekend pricing will be based on Friday's Posting. The Friday posting will also stay in effect on Monday Holidays. Prices in effect for midweek or Friday holidays will be the same as for the preceding day.

New York Mercantile Exchange (NYMEX) Pricing: The Fixed Price Futures Program is defined as the settle price for "Heating Oil No. 2" on the New York Mercantile Exchange (NYMEX), as posted by NYMEX Future Prices on the day that the Participant informs the Vendor to lock on a futures price PLUS the price differentials that the Vendor was awarded. Vendors will work purchasing entities to determine specific time to lock in the NYMEX, when it is deemed to be most advantageous.

For Buy Orders submitted after the bid opening, fuel deliveries received will be invoiced at the submitted vendor OEP until such time Buy Order is received. Towns who wish to use the NYMEX differential must work with the vendor to lock in gallons and pricing if they do not want to use the OEP.

The buy order form that Towns utilize states that the submission will be 12:00 noon daily.

Minimum fixed orders: In order to take full advantage of the use of the Fixed pricing on the day or the bid opening and/or NYMEX Differential during the contract term, Towns are asked to bulk order a minimum of 50% of their total annual estimated gallons. It is at the discretion of the Contractor to enter into any agreements less than 50% of the Towns total annual estimated gallons.

Assurance: As soon as the award is made, the successful Bidder(s) will be required to furnish a Performance Bond from a surety licensed to do business in MA, or Irrevocable Letter of Credit in the favor of the County of Barnstable and/or each political subdivision, individually, in an amount no less than $.25 per gallon anticipated annual delivery. Said assurance shall cover the full term of any contract. Bidders must submit the name and address of the bonding company that will provide the performance bonds or the company that will supply the irrevocable letter of credit with their bid. One performance bond submitted to the County that covers all participants is acceptable.

Conditions of Award: The County of Barnstable and each other political subdivision of this bid specification is listed by section. Each such section is accompanied by a listing of delivery sites, size of tanks at each site, and approximate gallonage used by that purchaser. A bidder may submit a bid on any or all sections as specified on the fuel oil bid sheet.

Cancellation: The County of Barnstable and/or any other political subdivision can terminate its contract/ price agreement with a contractor(s) who fails to perform under the terms of the contract/price agreement issued by a political subdivision. Notice of termination shall be in writing. Termination of contract/price agreement shall become effective upon contractor(s) receipt of notification.

QUALIFICATIONS:

Bidders must have been regularly engaged for a least one year prior to the date of bid opening, in the business of supplying the product bid upon, in the grade bid upon and in the manner of organization, facilities and assurance of supply to insure prompt and satisfactory service as called for with all delivery in Massachusetts calibrated tank trucks.

Bidders must have firm sources of fuel.

Pre-Qualification Statement: A pre-qualification statement may be required by the County of Barnstable or other political subdivision individually. This statement includes, but is not limited to, experience with government entities, legal or administrative proceedings currently pending, financial condition certified by a Certified Public Accountant, bank and credit references, a listing of equipment to be used during the term of the contract, and municipal references for which the bidder has provided similar services.

Estimates of gallons required by each municipal entity are included for the convenience of bidders as the best information available to estimate the number of gallons in this procurement. Barnstable County makes no guarantee that any entity will purchase the number of estimated gallons listed below. Awarding Authorities under the fixed pricing will define their initial commitment on the day of the bid opening.

Tank Size FY26 Quantities #2 - Tank Wagon

1 COA-Old Town Hall, 1673 Main St., Brewster 3-275 2,500

Farmhouse Extension, 3675 Main St., Barnstable 1-275 500

*Americorps Residence, Bldg 4 875 County Road, Pocasset *Invoices are to be sent to Americorps Cape Cod Barnstable County, PO Box 427, Barnstable, MA 1-275

East Falmouth Public Library, 310 East Falmouth Highway, East Falmouth 1- 300 0

1 - 1000 gall (underground)

1 - 2000 gall (above ground)

1 - 5,000 gall (underground)

1 - 275 1,275 1- 500 875

Harwich Golf Department, Cran Valley Pro Shop 183 Oak St. 1 -275 2,300

300 Pamet Rd., Wellfleet Invoices are to be sent to Americorps Cape Cod Barnstable County, PO Box 427, Barnstable, MA 1-275

Stony Brook Elementary School, Underpass Road, Brewster

1 - 6,000 1 - 300 28,000

** Wellfleet Elementary School School Street, Wellfleet 1 - 10,000 20,000

** Delivery to this location must be by tank wagon

1 44 Main Street - the Community Building 1-275 700

2 139 Main Street - TH Annex 1-275 900 3 Sea Call Farm, Tonset Road 1-200 500

Section 9 - Wellfleet 1 Library, West Main St. 1-300 3,800

1 Highway Dept. Main Garage, 17 Town Hall Road 1-275 1,800 2 Highway Dept Sweeper Garage, 17 Town Hall Rd. 1-275 450 3 Truro Highway Dept Annex , 17 Town Hall Rd 1-275 450 4 Truro Beach Office, Route 6, Truro 1-1,000 0

Section 10 - Truro

Section 8 - Orleans

Section 7 - Nauset Regional School District

Section 6 - Le Hac House - Cape Cod National Seashore

Section 5 - Harwich Golf Department Maintenance Building, 183 Oak St., Harwich1

1,000

1,350

ATTACHMENT A - Locations

SECTION

Section 4 - Fire Training Academy

Section 3 - Falmouth

Section 2: County Locations

Section 1 - Brewster

Fire Training School 155 South Flint Rock Road, Barnstable Must contact day before delivery *Invoices are to be sent: Fire Training Academy, PO Box 427, Barnstable, MA 02630

1 1- 250

Wastewater Treatment Plant Blacksmith Shop Road

Attachment B

CERTIFICATE of NON-COLLUSION AND TAX COMPLIANCE

Pursuant to Massachusetts General Law, Chapter 7, Section 22 (20), I certify under penalties of perjury that this bid/proposal is in all respects bona fide, fair, and made without collusion or fraud with any person. As used in this certification the word "person" means any natural person, joint venture, partnership, corporation or other business or legal entity.

Pursuant to MGL Chapter 62C, Section 49A, I certify under the penalties of perjury that I, to the best of my knowledge and belief, have complied with all laws of the Commonwealth of Massachusetts relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

Company: ______________________________________

Address: ______________________________________

Signature of Individual Signing Bid, or Corporate Officer: ________________________________

Telephone Number: _____________________________________

Social Security Number Or Federal Identification Number: ___________________________

Date: ____________________________________________________

Any person or corporation which fails to execute this document will be considered a non-responsive Proposer and will be rejected pursuant to MGL Chapter 30B.

ATTACHMENT C

REFERENCE FORM

Proposer:_____________________________________________

Reference:_______________________________________ Contact:________________________ Address:_________________________________________ Phone:_________________________ _______________________________________________ Email:____________________________ Description and date(s) of supplies or services provided:__________________________________

_______________________________________________ Email:____________________________ Description and date(s) of supplies or services provided:__________________________________

_______________________________________________ Email:____________________________ Description and date(s) of supplies or services provided:__________________________________ attach additional sheets if necessary

ATTACHMENT D

Purchase Order Terms and Conditions

This purchase order issued by the County of Barnstable (hereinafter “County”) and the attached description of product/services to be provided and price quote submitted by the supplier/contractor/consultant named in this purchase order (hereinafter “vendor”) shall constitute the contract between the County and the vendor.

This purchase order, description of product/services and price quote constitute the entire agreement between the parties (hereinafter “contract”) and there are no contracts other than those incorporated herein. In the instance of the purchase order resulting from a state contract or intergovernmental collaborative bid, the terms and conditions of that bid and/or contract will apply, and the terms stated herein shall be supplemental to those terms. The contract may not be changed, altered, amended, modified, or terminated orally and any such change, alteration, amendment, or modification must be in writing and executed by the parties hereto.

FOR AND IN CONSIDERATION of the payments by the County and delivery of the product/services by the vendor, the VENDOR hereby agrees to provide the product and/or services and the County agrees to pay the contract price in accordance with the terms of this contract.

1. ACCEPTANCE: The Contractor, by accepting this contract, agrees to all the conditions and terms specified herein, on attachments hereto, on the reverse hereof, and on any bid inquiry that may have preceded this award. Direct all correspondence relative to this contract to the Barnstable County, Purchasing Department, Barnstable, MA 02630. Prices cannot be altered during the term unless that was a condition of Contractor's bid. Unless otherw ise stated, unit prices are inclusive of all costs.

2. SHIP TO: To ensure that delivery is made to the correct location, please address all shipments as noted on the face of this order. All correspondence. packages, and invoices must indicate the purchase order number, departmental name, and delivery address as indicated on this order.

3. DELIVERY: Deliveries shall be strictly in accordance with the schedule set out or referred to in the order and in exact quantities ordered. Notwithstanding the foregoing, Contractor shall not be liable for delay in delivery due to causes beyond Contractor' s control and without Contractor's fault or negligence, provided Contractor exercises due diligence in promptly notifying County of conditions which will result in delay, and provided further, if Contractor's delay is caused by the default of a subcontractor or supplier, such default arises out of causes beyond the control of both Contractor and subcontractor or supplier, and without the fault or negligence of either of them, and the supplies or services to be furnished by the subcontractor or supplier were not obtainable from other sources in sufficient time to permit Contractor to meet the required delivery schedule.

4. INSPECTION OF GOODS: The County shall have a reasonable time after delivery to inspect the goods delivered or services rendered under this contract and to reject or revoke acceptance of any not conforming with the terms of this agreement. Rejected goods will be returned to Contractor at Contractor's expense. Rejected services will be reworked and all costs associated with the rework will be charged to Contractor.

5. SUBSTITUTION OF GOODS: Goods not conforming with this contract will not be accepted. The County must approve, in writing, any substitution of non-conforming goods prior to shipment.

6. MATERIAL SAFETY DATA SHEETS: Contractor shall submit a Material Safety Data Sheet (MSDS) for each toxic or hazardous substance or mixture containing such substance (pursuant to M.G.L. C .11 IF s 8,9 and 10 and the regulations contained in 441 OMR s 21.06) that is shipped against this order.

7. CONTRACTOR'S WARRANTY: Contractor herein warrants and covenants that the subject merchandise complies with all applicable fed eral, state and local statutes, rules and regulations for the installation and use of said merchandise for the purpose for which said merchandise is being purchased or rented.

8. PAYMENT: All invoices must be submitted to the BILL TO ADDRESS referenced on the front of this purchase order and must indicate the County's purchase order number and the name of the department listed in the SHIP TO ATTENTION line. Note that in order to effect payment, a W-8 or W-9 form, as appropriate, executed by the Contractor, which reflects the Contractor's current legal and remittance address or addresses, must be on fil e at the County. Payment shall be made in accordance with M.G.L. C.29, s.29c and 815 CMR 4.00.

9. DEFAULT: In the event of default by Contractor, including failure to deliver any item ordered within a reasonable time after acceptance of this contract, or if the County rightfully rejects the goods or services or revokes acceptance. the County may without waiving any other remedy permitted by law, make covering purchases of goods or services and hold Contractor liable for all additional costs incurred. Further, in such event, the County, at its option, may be relieved of any duty to accept such items as are subsequently delivered pursuant to this contract.

10. If this contract does not agree with Contractor's quotation, contact the County before performance begins. Prior to performan ce, the County may require additional information from the Contractor in order to ensure that the firm is qualified, and that the product or service offered will meet the need for which it is intended.

11. FORCE MAJURE: The Contract shall be subject to Force Majeure considerations. Either party hereto shall be excused from performance of any act under the contract if prevented from the performance of any act required by reasons of strikes, lockouts, labor trouble,…