1-8119 Gasoline Diesel FBD.pdf

Barnstable County Purchasing Department

INVITATION FOR BID

Supply and Delivery of Gasoline & Diesel

IFB #: 8119

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 Gasoline & Diesel per Bid No. 8119

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 Gasoline & Diesel

IFB #: 8119

Barnstable County is soliciting bids from qualified vendors to provide Supply and Delivery of Gasoline & Diesel.

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 # 8119 Supply and Delivery of Gasoline & Diesel 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 # 8119 Supply and Delivery of Gasoline & Diesel 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 18.

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.

19. 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.

20. 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.

21. 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.

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

23. 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).

24. 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.

25. 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.

26. 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.

27. 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.

28. 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

FUEL DESCRIPTIONS

Unleaded Gasoline Specification Unleaded gasoline delivered under this contract will comply with: the American Society of Testing Materials; and unleaded gasoline specification requirements as set forth in the most current revision of ASTM Designation D-439 for gasoline, amended to comply with the regulations of the Massachusetts Department of Environmental Protection; and any other applicable Federal and /or Commonwealth regulations and laws.

ULS Premium Diesel Ultra Low Sulfur, S15 (<15 PPM), for municipal use on the road including use in 2007 advance emission-controlled engines. Fuel to be red dyed with taxes handled as per current procedures at each town.

Premium Diesel to be defined by interim standards developed by the National Conference of Weights and Measures (NCWM). The goal of these specifications is to provide a meaningful definition of premium diesel. This is so premium diesel can be:

• Accurately and clearly distinguished from non-premium or "regular diesel".

• Accurately and clearly identified through bills of lading, Invoices, shipping papers, or other documentation

Definition of premium diesel - Five properties shall be included in the definition of premium diesel. All 5 of these properties can be shown to provide an improved benefit to the consumers over D975 spec. They are included below with a brief description.

1. Energy Content: Diesel Fuels with higher energy content can provide higher power and increased fuel economy to the consumer. The requirement to meet this criterion is a minimum 138,700 Btu/gallon gross as measured by ASTM Standard Test method D240.

2. Cetane Number: Higher cetane diesel fuels have been shown to reduce white smoke, reduce noise, reduce engine misfire, provide easier cold starting, and reduce some regulated emissions in many engine types. The requirement is 47.0, Minimum, Cetane Number as measured by ASTM Standard Test Method D613.

3. Low Temperature Operability: Under low ambient temperature conditions, wax can precipitate from diesel causing restrictions in fuel flow that can result in engine stall. For a normal winter, providing a fuel capable of operating at lower ambient air temperatures than the ASTM guidelines may provide a benefit to the consumers in winter operation.

The requirement to meet this criterion is a cold temperature operability measurement equal to the ASTM D975 tenth percentile minimum ambient air temperature charts and maps by:

• Cloud point as determined by the ASTM Standard Test Method D 2500 or

• Low Temperature Flow Test (LTFT) as determined by ASTM Standard Test Method D4539.

4. Thermal Stability: Diesel Fuel is increasingly used as a coolant for high-pressure fuel injection systems that can thermally stress the fuel. In some cases, this stress can cause the fuel to degrade and form insoluble materials that can restrict fuel flow through filters and injection systems.

The requirement to meet this criterion is a minimum 80% reflectance measurement using a green filter in the F21-61 stability test (180 minutes, 150 degrees C).

Note: This test method will soon be reviewed for adoption as an ASTM Standard Test Method.

5. Fuel Injector Cleanliness: The Requirement is as follows:

Fuel must meet:

• CRC rating of 10.0 or less using Cummins L-10 Injector Depositing Test

• Fuel flow loss of less than 6.0% using the Cummins L-10 Injector Depositing Test.

When a detergent additive is used to meet this requirement, the effectiveness must be tested in the test reference fuel (Caterpillar 1-K) in the L-10 test.

If another fuel is used, an L-10 test may need to be run on that specific fuel.

Premium Diesel Identification: All products identified on, bills of lading, Invoices, shipping papers, or other documentation as premium, super, supreme, plus, or premier shall conform to at least 2 of the 5 recommended requirements listed and described above.

An analysis of the products proposed must be attached to the proposal. The analysis shall be that of the laboratory of the refiner and shall be a definite certified analysis currently made and not approximate.

All diesel fuel must comply with the Federal Specifications, General Services Administration; the American Society of Testing Materials; and diesel fuel specifications ASTM D-975 amended to comply with the regulations of the Massachusetts Department of Environmental Protection; and any other applicable Federal and/or Commonwealth regulations and laws.

DELIVERIES

Deliveries made to the County of Barnstable and other political subdivisions shall be in the presence of an authorized agent of that government entity and must be made through a sealed meter at the delivery site and the total gallons delivered will be mechanically printed on the delivery tickets. Signed delivery slips are to be forwarded to the purchaser with the invoice. Invoices shall be in cents per gallon. The awarded bidder is to make contact with each location at the start of the bid period and make arrangements for deliveries. Deliveries are to be automatic per arrangements made with the participating section/town. In emergency situations, delivery is to be made within 24 hours of the date of notification. Deliveries to the Codfish are to be made within 48 hours of notification. Bidder may not specify a minimum amount of fuel before delivery may be made. Certain circumstances may warrant a political subdivision to request topping off the tank on a scheduled or call basis.

The town/section may at any time or place take samples of Gasoline, Diesel or Biodiesel delivered or to be delivered hereunder for analysis. The analysis will be made in accordance with the methods adopted by the American Society for Testing Materials or other applicable standard setting agency. Vendor will be held responsible for payment of the analysis if fuel is shown not to meet specifications.

After award of contract and during contract period, deliveries, which are found not to conform to certified analysis submitted with bid, may be required to be replaced. The County of Barnstable may consider inferior quality just cause for termination of the contract.

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

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 fuel 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 fuel 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 fuel 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 fuel.

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 "Gasoline" or “Ultra Low Sulfur Diesel (ULSD)” 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 submission deadline, 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 bid sheet.

All grades of Diesel Fuel with regard to sulfur content MUST conform with regulations of the Commonwealth of Massachusetts, Department of Public Health, Division of Environmental Health, Bureau of Air Use Management, and Air Pollution Control District.

If at any time the contractor is unable to furnish materials as ordered individually by the County or other political subdivision:

1) 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

2) The County or other political subdivision may order such materials 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.

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:

Vendor must have been regularly engaged for at least five (5) years prior to the date of bid opening, in the business of supplying the gasoline or diesel in the manner of organization, facilities and assurance of supply to insure prompt and satisfactory service as called for with all deliveries.

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.

ATTACHMENT A - Locations

Fuel Type Tank

Capacity FY27 Estimated Usage

Unleaded Regular 6000 60000 Ultra Low Sulphur Diesel 6000 (2) 24000

b. Water Pollution Control Division Main Plant, Bearses Way Ultra Low Sulphur Diesel 4000 1500

c. Putnam Avenue, Cotuit (Mosswood Cemetery) Ultra Low Sulphur Diesel 275 (2) 1000

d. Barnstable Transfer Station Flint Street, Marstons Mills

Ultra Low Sulphur Diesel

Police Department Phinney's Lane Unleaded Regular 6000 80000

Section 3 - Barnstable Golf Courses Unleaded Regular 500 5000 Ultra Low Sulphur Diesel 500 3500

Golf Course Unleaded Regular 1000 5000 Route 149, Marstons Mills Ultra Low Sulphur Diesel 1000 3500

Section 4 - Cape Cod Gateway Airport Unleaded Regular 4000 4000 Ultra Low Sulphur Diesel 4000 7500

Section 5 - Barnstable School Department

a. Unleaded Regular 2000 5000

Ultra Low Sulphur Diesel 2000 8000

b. School Bus Depot 241 Attucks Lane Ultra Low Sulphur Diesel 6000 79000 a Dredges & Booster Station Various dockside locations on Cape Cod

Ultra Low Sulphur Diesel -off road dyed diesel dyed 2700 20000

Regular Unleaded 3000 20000 Red Ultra Low sulphur 7000 35000 Regular Unleaded 7000 42000 Red Ultra Low sulphur 3000 15000

35000

45000

***ISWM

Off Dump Rd., Bourne

ISWM (Old DPW Tank) Off Dump Road (MacArthur Blvd) Bourne

Red Ultra Low Sulphur Diesel c.

"Red" diesel - not taxable - off road equipment, pumps or generators.

b no tankRed Ultra Low Sulphur Diesel

Location Section 1 - Barnstable Dept. of Public Works

a. Highway Division, Rt. 28, Hyannis

*** ISWM has 23 vehicles, of which 10 - 12 are used on a daily basis. Delivery trucks must go into landfill area environment to fill the vehicles individually.

All tanks and pumps are town owned.

Section 2 - Barnstable Police Department a.

Fuel as needed at various shoreside locations on Cape Cod. It is important that the vendor be aware of this and be prepared to accommodate the Dredge Superintendent. Fuel is to be off road diesel and shall not be charged Excise Tax.

Hyannis Golf Course 1680 Route 132, Hyannis b

***Municipal Airport 480 Barnstable Road ***This is an above ground single Convault split tank that holds both fuels.

School Maintenance Building Falmouth Rd., Hyannis

Section 6 - Barnstable County Dredge

a. Dept. of Public Works 35 Ernest Valeri Road

Section 7 - Town of Bourne

Tank

Capacity FY27 Estimated UsageLocation

Ultra Low Sulphur 4000 22000 Regular Unleaded 6000 32000 Regular Unleaded 1000 3500 Ultra Low Sulphur Diesel 1000 5500

c. Fire Department 1671 Main Street

Ultra Low Sulphur 1400 250

d. Police Department 631 Harwich Road

Ultra Low Sulphur 510 250

e. Town Hall 2198 Main Street

Ultra Low Sulphur 631 250

Regular Unleaded 2500 22000 2500 18000 1000 1000

Unleaded Regular 4000 35000 Ultra Low Sulphur Diesel 6000 26000

b. Transfer Station, Ultra Low Sulphur Diesel 1000 4500

Unleaded Regular 1000 6000 Ultra Low Sulphur 1000 2800 Unleaded Regular 1000 6800 Ultra Low Sulphur 1000 2200 Unleaded Regular 4000 53200 Ultra Low Sulphur 4000 16000

d. Dennis Fire Station II 350 Paddocks Path Ultra Low Sulphur Diesel 1000 1000

760 Rt. 134, Dennis Red Off Road Low Sulphur 2000 4500

Unleaded Regular 4000 15000 Ultra Low Sulphur 4000 12000

Unleaded Regular 10000 115000 Ultra Low Sulphur 10000 65000

Regular Unleaded 4000 40000 Ultra Low Sulphur 6000 70000 Regular Unleaded 2500 6000 Ultra Low Sulphur 500 10000

Unleaded Mid Grade Gaso 2000 5800 Dyed Ultra Low Sulphur 3000 13000

Regular Unleaded 7000 55000 Ultra Low Sulphur 3000 18000

Section 11 - Town of Dennis

95 High School Road Extension Hyannis

Falmouth DPW 416 Gifford St

Fire Dept.

1875 Route 28, Centerville Ultra Low Sulphur Diesel

Captain's Golf Course 1000 Freeman's Wayb

a. Dennis Pines Golf Course, Golf Course Rd., Dennis

Section 10: Chatham b.

Department of Public Works 350 Meetinghouse Rd.

Section 14 - Town of Falmouth

c. Dennis Police Station, 685 Rt 134

Section 12: Dennis Water District

Dennis Highlands Golf Course, 825 Old Bass River Rd.

Cranberry Valley Golf Course Oak Street a.

a. Brewster Dept. of Public Works 199 and 201 Run Hill Road b.

Section 9 - Centerville/Osterville

Section 8: Brewster

Section 15 - Town of Harwich

Section 16 - Hyannis Fire District

Section 17 - Town of Mashpee a.

Section 13 - Town of Eastham

Harwich Highway Garage Queen Ann Road

Chatham Highway Dept.

221 Crowell Road a.

Eastham Dept. of Public Works 555 Old Orchard Rd., Eastham

Tank

Capacity FY27 Estimated UsageLocation

Unleaded 6000 35000 Ultra Low Sulphur Diesel 4000 4000

99 Eldredge Park Way - Police Station 1000 150

40 Giddiah Hill Rd - DPW 1000 150 29 Overland Way - Wastewater Treatment Plant 6000 200

84 Old Colony Way - Pump Station 1 250 100

67 Main Street - Pump Station 2 250 100 44 Route 6A - Pump Station 3 200 100

Regular Unleaded 8000 60000 Ultra Low Sulphur Diesel 4000 15000 Regular Unleaded 1000 4500 Ultra Low Sulphur Diesel 275 1500

Regular Unleaded 5000 20000 Diesel 3000 12000

Unleaded Regular 6000 6000 Ultra Low Sulphur Diesel 6000 6000

a. DPW, 210 W. Main St Ultra Low Sulphur 500 14000

b. Fire Dept, 10 Lawrence Rd. Ultra Low Sulphur 500 5500

c. Marina - 255 Commercial St Midgrade Unleaded w/Ethanol 9700 43000

Red Low Sulphur 5000 9000

Regular Unleaded 10000 70000 Ultra Low Sulphur Diesel 6000 22000 Regular Unleaded 6000 45000 Ultra Low Sulphur Diesel 6000 28000 Regular Unleaded 1000 5700 Ultra Low Sulphur Diesel 1000 1500 Regular Unleaded 1000 (2) 9000 Ultra Low Sulphur Diesel 1000 3000

e. Septage Treatment Plant 47 Work Shop Road, S Yarmouth

ULSD Dyed Diesel for generator 2000 1500

f. Fire Station 1 96 Old Main St, S Yarmouth

ULSD Dyed Diesel for generator 300 100 g Fire Station 2 340 Route 6A Yarmouthport

ULSD Dyed Diesel for generator 200 50

h. Fire Station 3 520 Buck Island Rd W Yarmouth

ULSD Dyed Diesel for generator 600 100

Section 18A - Town of Orleans c.

a.

Section 22 - Town of Wellfleet

Section 23 - Town of Yarmouth

Section 21 - Upper Cape Regional Technical School

Section 20 - Town of Truro

b. Sandwich Hollows Golf Club 1 Round Hill Rd. Sandwich a.

Sandwich Dept. of Public Works 500 Route 130, Sandwich d.

Bass River Golf Course High Bank Rd., So. Yarmouth

40 Giddiah Hill Road

Sanitary Landfill Forest Rd./Old Townhouse Rd.

Bayberry Golf Course West Yarmouth Rd., W. Yarmouth

Upper Cape Regional Tech School 220 Sandwich Road, Bourne b.

Section 18B - Town of Orleans - Diesel Generator Fuel

Truro DPW 17 Town Hall Road

Yarmouth Highway Dept.

507 Buck Island Rd., W. Yarmoutha.

Section 19 - Town of Sandwich

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:…