1-8268 Gasoline, Diesel, Fuel Oil 3-Year Agreement - Bid Package.pdf

BID REQUEST #8268 FOR: supply and delivery of gasoline, on-road/off-road diesel, kerosene, and fuel oil, for a three-year period, beginning 1 January 2026 and ending 31 December 2028.

TABLE OF CONTENTS

• Advertisement for Bids

• Request for Bid

• Bid Form (available online on the PennBid website: https://pennbid.bonfirehub.com)

• Specifications

• Instructions to Vendors for Submitting Quotes and Public Bids

• Non-Collusion Affidavit

• Terms and Conditions (Standard)

• Certificate of Insurance https://pennbid.bonfirehub.com/

Pennsylvania College of Technology is seeking bids for: supply and delivery of gasoline, on-road/off-road diesel, kerosene, and fuel oil, for a three-year period, beginning 1 January 2026 and ending 31 December 2028. Bidding documents are available at no cost, via the PennBid Program (https://pennbid.bonfirehub.com). Bids will be accepted until 2:30 PM on Tuesday, 25 November 2025, via the PennBid Program. Bids must be submitted by the stated date and time, when bids will be electronically opened. The College reserves the right to waive any informalities in bidding, reject any or all bids, select a single item from any bid, or accept the bid deemed to be in the best interest of the College.

Ryan McAfee, Director of Procurement Services 570-327-4771

REQUEST FOR BID #8268

This is not an order. See attached instructions to vendors.

Date: 29 October 2025

Request for Bid: supply and delivery of gasoline, on-road/off-road diesel, kerosene, and fuel oil, for a three-year period, beginning 1 January 2026 and ending 31 December 2028.

Bid Due Date: 2:30 PM on Tuesday, 25 November 2025. Uploaded bids will be electronically opened at this date and time on the PennBid website (https://pennbid.bonfirehub.com).

Timeframe: This contract shall be for a period of 36 months (1 January 2026 – 31 December 2028) with an option to extend one year by mutual agreement.

Payment terms: Payment will be Net 45 days after the delivery date. Early payment discounts may be negotiated to reduce the price further. Pricing is to be quoted as delivered pricing, FOB Williamsport, Montgomery, and Montoursville, PA. No additional charges of any kind, including but not limited to fuel surcharges, handling fees, demurrage, etc. will be accepted.

Specifications: See attached specifications.

Instructions to bidder:

• Bidder shall submit all questions about the meaning or intent of the bidding documents via the “Messages / Public Q&A” feature in PennBid (https://pennbid.bonfirehub.com)

• Questions in regards to the bid shall be received no later than Tuesday, 18 November.

• Fuel may be supplied from more than one rack terminal or supply point. The price charged will be based on the posted index price for the terminal actually used, plus the agreed markup. When multiple supply points are available, the Supplier should use the one that results in the lowest overall delivered cost. If a preferred rack is unavailable, the Supplier may use another authorized rack without penalty.

• Pennsylvania College of Technology is exempt from both State sales tax and Federal excise tax.

• The College will provide the successful bidder with a Federal Certificate of State Use of Diesel or Kerosene and Federal Certificate for State Use or Nonprofit Educational Organization Use of Gasoline.

• A Non-Collusion Affidavit is required with the bid.

• Certification of Insurance will be required as part of the contract award.

• A minimum of three (3) professional references may be requested prior to bid award.

Instructions for submitting bid: Bids shall be submitted online via the *PennBid Program (https://pennbid.bonfirehub.com) by the date and time indicated.

Use the Pricing Section, Excel Bid Table on PennBid to submit your bid. Failure to use the Excel Bid Table and upload it onto the PennBid website will result in disqualification of your bid.

* PennBid charges vendors who are awarded contracts a capped fee of 1/3 of 1% (.0033) of the contract value for fixed fee contracts, and 1/6 of 1% (.00166) of the contract value for term contracts. There is a minimum award fee of $150 which is capped at $6,000 (+ tax). Bidders who are not awarded a contract, pay nothing.

The following is a listing of the delivery locations, tank sizes and estimated annual usage for gasoline, diesel (on-road/off-road), kerosene and heating oil

Fuel Type Delivery Locations Tank Size (gallons)

Estimated Annual Usage

(gallons) Gasoline – Regular Unleaded, 87 Octane (ASTM D4814) Gasoline – Regular Unleaded, 87 Octane (ASTM D4814)

General Services (2245 Reach Road, Williamsport, PA) 2,000 31,200

Gasoline – Regular Unleaded, 87 Octane (ASTM D4814)

Schneebeli Earth Science Center (203 Allenwood Camp Ln, Montgomery, PA)

240 3,700

Gasoline – Regular Unleaded, 87 Octane (ASTM D4814)

Susquehanna River Property (782 Fritz Station Rd, Montgomery, PA)

500 430

Gasoline – Premium Unleaded, 91 Octane (ASTM D4814) Gasoline – Premium Unleaded, 91 Octane (ASTM D4814)

General Services Warehouse (215 College Avenue, Williamsport, PA)

250 2,400

Diesel Fuel – No. 2 Ultra-Low Sulfur (Dyed, Off-Road Use) Diesel Fuel – No. 2 Ultra-Low Sulfur (Dyed, Off-Road Use)

Susquehanna River Property (782 Fritz Station Road, Montgomery, PA)

1,500 10,630

Diesel Fuel – No. 2 Ultra-Low Sulfur (Dyed, Off-Road Use)

Schneebeli Earth Science Center (203 Allenwood Camp Ln, Montgomery, PA)

275 2,550

Diesel Fuel – No. 2 Ultra-Low Sulfur (Dyed, Off-Road Use)

Madigan Library (999 Hagan Way, Williamsport, PA) 10,000 110

Diesel Fuel – No. 2 Ultra-Low Sulfur (Dyed, Off-Road Use)

Community Arts Center (220 West 4th Street, Williamsport, PA)

275 50

Diesel Fuel – No. 2 Ultra-Low Sulfur (Dyed, Off-Road Use)

Lumley Aviation Center (500 Airport Road Montoursville, PA) 100

Diesel Fuel – No. 2 Ultra-Low Sulfur (Clear, On-Road Use) Diesel Fuel – No. 2 Ultra-Low Sulfur (Clear, On-Road Use)

General Services Warehouse (215 College Avenue, Williamsport, PA)

250 3,500

Diesel Fuel – No. 2 Ultra-Low Sulfur (Clear, On-Road Use)

Schneebeli Earth Science Center (203 Allenwood Camp Ln, Montgomery, PA)

250 2,550

Kerosene – No. 1 Dyed (Off-Road Use)

Kerosene – No. 1 Dyed (Off-Road Use) Susquehanna River Property (782 Fritz Station Road, Montgomery, PA)

500 900

Heating Oil No. 2 Ultra-Low Sulfur (Maximum 15 ppm Sulfur Content) Heating Oil No. 2 Ultra-Low Sulfur (Maximum 15 ppm Sulfur Content)

Davie Jane Gilmour Center (990 Hagan Way, Williamsport, PA)

10,000 75

1. Products and Specifications

1.1 Gasoline 87 and 91 octanes

Product Minimum Octane (R+M)/2 Specification Standard Ethanol Content Sulfur

Limit Regular Unleaded Gasoline 87 ASTM D4814, latest revision Up to 10% ethanol (E10) ≤ 30 ppm

Premium Unleaded Gasoline 91 ASTM D4814, latest revision Up to 10% ethanol (E10) ≤ 30 ppm

• Gasoline shall be free from visible water, sediment, and suspended matter.

• Additives must comply with EPA Registration of Fuel Additives (40 CFR Part 79).

• Fuel must not contain any MTBE or lead compounds.

1.2 Diesel Fuel No. 2 Ultra-Low Sulfur (Dyed, Off-Road Use)

Product Specification Standard

Sulfur Content Color ASTM Test Methods

Diesel Fuel No. 2 Ultra-Low Sulfur (Dyed, Off-Road)

ASTM D975 (latest revision) ≤ 15 ppm Red-dyed

ASTM D5453, D2622, D4176,

D4057, D975

• Must meet ASTM D975 specifications for Grade No. 2-D S15 (Ultra-Low Sulfur Diesel).

• Must contain red dye in accordance with IRS regulations (26 CFR § 48.4082-1) indicating tax-exempt off-road use.

• Sulfur content shall not exceed 15 ppm (0.0015 %).

• Must be free of visible water, sediment, and suspended matter.

• No blending with biodiesel or kerosene unless specifically approved by the College.

• Additives may be used to improve lubricity, cold-flow, and stability but must comply with

EPA 40 CFR Part 79 registration requirements.

1.3 Diesel Fuel No. 2 Ultra-Low Sulfur (Clear, On-Road Use)

Product Specification Standard Sulfur Content Color ASTM References

Diesel Fuel No. 2 ULS, On-Road

ASTM D975 (latest revision) ≤ 15 ppm Clear

(Undyed)

ASTM D5453, D2622, D4176,

D4057, D975

• Must meet ASTM D975 specifications for Grade No. 2-D S15 (Ultra-Low Sulfur Diesel).

• Must not contain red dye; suitable for taxed, on-road use.

• Must be free of water, sediment, and suspended matter.

• Additives may be used for lubricity, cold-flow, and stability improvements, but must comply with EPA 40 CFR Part 79.

• No blending with kerosene or off-road dyed diesel, unless approved by the College.

1.4 Kerosene No. 1 Dyed (Off-Road Use)

Product Specification Standard Sulfur Content Color ASTM Test Methods

Kerosene No. 1 Dyed, Off- Road

ASTM D3699 (latest revision) ≤ 15 ppm Red-

Dyed

ASTM D2622, D5453, D4057,

D4176

• Must meet ASTM D3699 specifications for No. 1 Kerosene, Ultra-Low Sulfur.

• Must contain red dye in accordance with IRS regulations (26 CFR § 48.4082-1) for off-road use.

• Sulfur content shall not exceed 15 ppm (0.0015%).

• Must be free of visible water, sediment, and suspended matter.

• Additives may be used for cold-flow or stability enhancement but must comply with EPA 40

CFR Part 79.

• Product must be segregated from on-road diesel and other non-dyed fuels to prevent contamination.

1.5 Heating Oil No. 2 Ultra-Low Sulfur

Product Specification Standard Sulfur Content Color ASTM Test Method

Reference Heating Oil No. 2 Ultra- Low Sulfur

ASTM D396 (latest revision) ≤ 15 ppm Undyed

(Clear)

ASTM D5453, D4057, D975,

D4176

• Must meet or exceed ASTM D396 specifications for Grade No. 2 Fuel Oil, Ultra-Low Sulfur.

• Maximum sulfur content: 15 ppm (0.0015 %).

• Must be compatible with existing storage and burner systems without modification.

• Shall be free from visible water, sediment, and suspended matter.

• Additives (if used) shall comply with EPA Registration of Fuel Additives (40 CFR Part 79) and improve cold-weather flow and stability without affecting emissions compliance.

• No blending with biodiesel or kerosene, unless specifically approved by the College.

2. Estimated Quantities

Product Estimated Annual Usage (gallons) Gasoline – Regular Unleaded, 87 octane 35,000 gallons Gasoline – Premium Unleaded, 91 octane 2,400 gallons Diesel Fuel – No. 2 Ultra-Low Sulfur (Dyed, Off-Road Use) 13,400 gallons Diesel Fuel – No. 2 Ultra-Low Sulfur (Clear, On-Road Use) 6,000 gallons Kerosene – No. 1 Dyed (Off-Road Use) 900 gallons Heating Oil No. 2 Ultra-Low Sulfur: 75 gallons

Quantities are estimates only and are not guaranteed.

3. Pricing Instructions

• Bid pricing shall be based on the Oil Price Information Service (OPIS) Williamsport Rack

(242) Daily Average, or other closest OPIS terminal as the base index.

• Vendors shall submit a fixed cents-per-gallon markup (positive or negative) above or below the OPIS rack average price.

• Do not enter total per-gallon price. Only enter the markup or markdown in cents per gallon.

o Example: If OPIS = $2.7500 and markup = +0.1500, then invoice price = $2.9000/gal.

• The markup in cents per gallon for Ultra Low Sulfur Dyed Diesel (off road) will also include the added cost for dyed.

• The price markup must include all freight, delivery, insurance, and administrative costs.

• For invoicing purposes, the prices in effect on the date of delivery must be used. The invoiced cost to the College will be the posted price for day of delivery plus the fixed supplier markup in cents per gallon. This markup will remain constant throughout each year of the Contract.

4. Delivery Requirements

• Regular unleaded 87 octane gasoline will require automatic refill, with there being no more than five (5) days between automatic deliveries.

• Premium unleaded 91 octane gasoline, diesel, kerosene and heating oil will require “as-needed” delivery to the College. Don Luke in General Services, or another College representative, will call when refill is required. The successful bidder must provide delivery Monday - Friday during normal working hours.

5. Quality and Testing

• The College reserves the right to sample and test fuel at any time.

• If the delivered product fails to meet specifications, the vendor must remove and replace it at no additional cost.

6. Safety and Compliance

• Vendors must comply with OSHA, EPA, and USDOT regulations regarding storage, handling, and transportation of fuel.

• Drivers must hold valid HAZMAT endorsements and carry Material Safety Data Sheets (MSDS/SDS) with each delivery.

7. Invoicing Requirements

Each invoice shall show:

• Delivery date and location

• Gallons delivered

• OPIS rack average for date/terminal

• Contracted markup/markdown

• Extended total price

INSTRUCTIONS TO VENDORS FOR SUBMITTING QUOTES AND PUBLIC BIDS

1. Each vendor should be completely familiar with this Instructions to Vendors, Terms and

Conditions, and specifications, as the vendor will be held responsible to fully comply therewith.

2. In the specifications, the use of a manufacturer name and/or model number does not necessarily restrict vendors to that manufacturer. Substitutions are allowed UNLESS specifically prohibited in the bid document(s). If substitutions are made, all pertinent information related to the substitution must be included in the quote/bid response.

3. All items furnished shall be new, unused material or equipment, except if otherwise specified by the College.

4. Brochures and technical specifications must be included for all items quoted/bid.

5. All questions regarding specifications, plans, and instructions to vendors must be submitted via the “Messages/Public Q&A” feature in PennBid (https://pennbid.bonfirehub.com), unless stated otherwise. All responses will be in writing. No verbal responses will be binding on the College. Any and all addenda to the specifications, plans, and instructions to vendors will be submitted to the vendors of record prior to the due date of the quote/bid.

6. Vendors must quote/bid on each item separately and independent of any other item(s).

The College reserves the right to waive any informalities in quoting/bidding, reject any or all quotes/bids, select a single item from any quote/bid, or accept the quote/bid in its entirety, whichever is most advantageous to the College.

7. The vendor must state in their quote/bid, in calendar days, the time required for delivery after receipt of the purchase order/contract. In the case of installation or of work to be performed, the vendor must state the calendar days needed, or the specific date, if requested, for completion of the work.

8. All prices are to be F.O.B. destination, freight prepaid and allowed. Payment terms: Net

45 days

9. Pennsylvania College of Technology is exempt from both State sales tax and Federal excise tax. The tax-exempt status of the College has no effect on the taxable nature of transactions between a vendor and the vendor’s subcontractor or supplier. Therefore, each vendor is responsible for their own determination as to the applicability of, or liability for, any sales and use tax or excise tax in dealings between the vendor and any subcontractors or suppliers.

10. Use the Pricing Section, Excel Bid Table on PennBid to submit your quote/bid. Failure to do so will result in the disqualification of your quote/bid.

11. Motor vehicle(s): unless an exception is stated in the specifications, motor vehicle(s) which are quoted/bid shall be manufactured in North America, and vendor must provide a Certification of Compliance with the Pennsylvania Motor Vehicle Procurement Act.

12. Quotes/bids shall be submitted online via the PennBid Program (https://pennbid.bonfirehub.com) on or before the designated date and time.

13. The College shall have thirty (30) days in which to accept a quote/bid, unless otherwise stated in the specifications.

Additional Instructions for Public Bids:

14. Failure to complete the Non-Collusion affidavit and upload it with the bid, will result in disqualification of the bid.

15. Non-PennBid Program bids will not be considered.

16. After bid opening, the time of which is listed in the PennBid Project, a public notice will be issued via PennBid containing bid results.

17. When so stated in the specifications, or if a project is considered a Public Works, meaning it involves construction, reconstruction, demolition, alteration and/or repair work other than maintenance work; bids must be accompanied by a bid bond, certified check, or bank cashier's check, made payable to Pennsylvania College of Technology covering ten percent (10%) of the total bid price, which is understood will be forfeited if the bid or any part thereof is accepted by the College and the contractor shall fail to execute a contract. Otherwise, said check will be returned after a contract has been properly executed and all applicable bonds have been accepted by the College. Checks from unsuccessful vendor(s) will be returned after the contract has been awarded.

18. If required, the contract must be properly signed, attested, and returned to the

Procurement Services Office within ten (10) days after notification of award.

Rev. 11/23

NON-COLLUSION AFFIDAVIT

Contract/Bid No.____________

State of______________________

County of____________________

I state that I am _________________ (Title) of _________________________________ (Name of Firm) and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this proposal.

I state that:

1. The price(s) and amount of this proposal have been arrived at independently and without consultation, communication, or agreement with any other contractor, vendor, or potential vendor.

2. Neither the price(s) nor the amount of this proposal, and neither the approximate price(s) nor approximate amount of this proposal, have been disclosed to any other firm or person who is a vendor or potential vendor, and they will not be disclosed before proposal submission.

3. No attempt has been made or will be made to induce any firm or person to refrain from proposing on this proposal, or to submit a proposal higher than this proposal, or to submit any intentionally high or noncompetitive proposal or other form of complementary proposal.

4. The proposal of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary bid or other noncompetitive proposal.

5. ______________________________________, (Name of Firm) its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted or found liable for any act prohibited by state or federal law in any jurisdiction, involving conspiracy or collusion with respect to proposing and/or bidding on any public contract, except as follows:

I state that ____________________________ (Name of Firm) understands and acknowledges that the above representations are material and important, and will be relied on by Pennsylvania College of Technology in awarding the contract(s) for which this proposal is submitted.

I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from Pennsylvania College of Technology of the true facts relating to submission of this proposal.

______________________________ SWORN TO AND SUBSCRIBED

(Signature) BEFORE ME THIS______DAY OF

___________________, 20_______

(Signatory’s Printed Name) Notary Public

_______________________________ My Commission Expires __________________ (Signatory’s Title)

INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT

1. This Non-Collusion Affidavit is material to any contract awarded pursuant to this bid.

According to the Pennsylvania Antibid-Rigging Act, 73 P.S. & 1611 et seq., governmental agencies may require Non-Collusion Affidavits to be submitted together with bids.

2. This Non-Collusion Affidavit must be executed by the member, officer or employee of the vendor who make the final decision on prices and the amount quoted in the bid.

3. Bid rigging and other efforts to restrain competition, and the making of false sworn statements in connection with the submission of bids, is unlawful and may be subject to criminal prosecution. The person who signs the Affidavit should examine it carefully before signing and assure himself or herself that each statement is true and accurate, making diligent inquiry, as necessary, of all other responsibilities for the preparation, approval, or submission of the bid.

4. In cases of a bid submitted by a joint venture, each party to the venture must be identified in the bid documents, and an Affidavit must be submitted separately on behalf of each party.

5. The term “complementary bid” as used in the Affidavit has the meaning commonly associated with that term in the bidding process, and includes the knowing submission of bids higher than the bids of another firm, any intentionally high or noncompetitive bid, and any other form of bid submitted for the purpose of giving a false appearance of competition.

6. Failure to file an Affidavit in compliance with these instructions will result in disqualification of the bid.

PENNSYLVANIA COLLEGE OF TECHNOLOGY

PURCHASE ORDER/CONTRACT TERMS AND CONDITIONS

1. ACCEPTANCE OF PURCHASE ORDER/CONTRACT CONSTITUTES ENTIRE AGREEMENT: This Purchase Order/Contract constitutes an offer by Purchaser to purchase the goods, materials, labor or work specified upon the terms and conditions and the prices and within the delivery date (s) stated herein and is not an acceptance of any offer to sell, quotation or proposal of Seller. Any reference to such offer to sell, quotation or proposal is for the limited express purpose of incorporating the description and specifications of the materials, goods, labor or work to be performed hereunder, only to the extent they do not conflict with the description or specifications set forth in the body of this Purchase Order/Contract or any of the documents expressly incorporated herein by reference. This order consists only of the terms contained herein and on the face of this Purchase Order/Contract and any supplements specifications or other documents expressly incorporated herein by reference.

Acceptance of this Purchase Order/Contract is expressly limited to the terms and conditions contained herein. Upon Seller's written acceptance of or acknowledgment of receipt of this Purchase Order/Contract or Seller's commencement of work on or with respect to the goods or materials or of any performance of the labor or work, in any manner, this Purchase Order/Contract will become a Purchase Order/Contract constituting the entire agreement between the parties. The terms and conditions of this Purchase Order/Contract supersede any conflicting terms and conditions in Seller's proposal or in Seller's acknowledgment or acceptance of this Purchase Order/Contract and any additional or different terms or conditions contained therein shall be deemed objected to by Purchaser without further need of notice of objection. Notwithstanding any instructions, terms, or conditions, which may be contained in any quotations, acknowledgments, invoices, or other written documents of Seller, no addition to, deletion from, difference in, purported waiver of, or modification of any of the terms and conditions contained in this Purchase Order/Contract shall be of any force or effect or binding upon Purchaser unless the same shall be expressly accepted in writing by Purchaser.

2. TIME OF THE ESSENCE: Time of delivery or performance is the essence of this Purchase Order/Contract.

3. RIGHT OF INSPECTION AND REJECTION: All goods, materials, labor or work covered by this Purchase Order/Contract are subject to inspection, testing and final acceptance or rejection by Purchaser. Purchaser shall have a reasonable period of time after delivery of goods or material or performance of the labor or work covered by this Purchase Order/Contract to inspect and accept or reject the same. Payment or commencement of use by Purchaser prior to inspection shall not constitute acceptance Purchaser shall not be obligated to accept the goods, materials, labor or work until Purchaser determines that Seller has complied in all respects with the requirements of this purchase order/contract and has completed performance hereunder. With respect to any goods or materials which are not accepted by Purchaser, Purchaser may return such goods or materials to Seller, at Seller's expense. No goods or materials returned to Seller shall be replaced except upon Purchaser's formal authorization. Purchaser does not assume the burden of 100% inspection. If 100% inspection in Purchaser's judgment is necessary as indicated by partial inspection, the entire shipment or work may be rejected and returned at Seller's risk and expense. In addition to other remedies, in the event of any rejection, any payment on account of the goods, materials, labor or services rejected shall be promptly refunded by Seller.

4. WARRANTY: Seller expressly warrants to Purchaser that all goods, materials, labor or work covered by this Purchase Order/Contract will strictly conform to the specifications, drawings, samples or other descriptions furnished or specified by

Purchaser, will be merchantable, of good material and workmanship, and will be free from defects in material and workmanship and fit for the purposes intended. This express warranty shall extend for a period of 12 months after final acceptance of the goods, materials, labor or work by Purchaser and shall be in addition to all other warranties implied by law. Goods or materials which are not as warranted may be returned to Seller by Purchaser, at Seller's expense. In addition, Purchaser, at its option, may require Seller either to replace goods, materials, labor or work, which are not as warranted, at no cost to Purchaser, or to refund the purchase price and any charges paid by Purchaser in connection therewith.

In the event Purchaser elects to require Seller to replace such goods, materials, labor or work, all costs in connection therewith, including costs for packaging, transportation and handling shall be paid by Seller. Seller shall indemnify and hold harmless Purchaser of and from any and all expenses, losses, claims, damages, and lawsuits, including reasonable attorney's fees and costs of lawsuits, arising in whole or in part by reason of any breach of this warranty. Seller also warrants that all goods furnished pursuant to this order will be new unless specific exception is stated in writing by Purchaser or so indicated in Purchaser's specifications. New shall be defined as used for the first time, not second-hand, and shall not include any goods which have been used as demonstrators, which have been reconditioned or repaired in any way, or have been used in any other manner which renders them other than fully acceptable as new.

5. CONTINGENCIES: In the event of delays or default in delivery caused by floods, fires, storms, or other Acts of God, by war or act of public enemy or civil disturbances, strikes, lockouts, shortages of labor, raw materials, or production facilities, transportation shortages, or failures, or action of any governmental authority or any other contingency beyond the reasonable control of either party, the parties hereto shall be excused from performance hereunder, proportionately as Seller's ability to produce and/or deliver or Purchaser's ability to receive and/or use is reduced by such causes or condition. However, in no event, shall Seller be entitled to any extra compensation or cost increase resulting therefrom. Provided, however, that whenever an actual or potential cause for delay threatens timely performance of this order, Seller shall immediately give notice thereof to Purchaser and Purchaser shall have the right to cancel this order without any further liability or responsibility to Seller and to the return of any payments made on account of this order.

6. CANCELLATION AND REMEDIES AND TERMINATION: Purchaser may cancel this Purchase Order/Contract in whole or part if (i) the materials, goods, labor, and/or work furnished do not conform to warranties; (ii) Seller fails to make deliveries as provided herein; (iii) Seller breaches any other term or condition herein; (iv) any representation by Seller proves to have been false when made; or (v) Seller is insolvent, a petition is filed for reorganization of Seller or for its adjudication as a bankrupt, Seller makes an assignment for benefit of creditors, a receiver or trustee is appointed for any of Seller's assets, or any other type of insolvency proceeding or formal or informal proceeding for the dissolution, liquidation, or winding up of affairs of Seller is commenced. In the event of any such cancellation, Purchaser shall have the right, in addition to its other rights; (i) to refuse to accept delivery of goods and/or performance of services; (ii) to return to Seller, at Seller's expense, any materials or goods already delivered and, at Purchaser's option, either to recover all payments made therefore and damages and expenses incident thereto or, at Seller's expense, to receive replacement therefore, except that the rights set forth in this provision (ii) shall not be available upon cancellation by Purchaser because of the occurrence, alone, of any of the events set forth in (v) above; (iii) to recover any advance payments to Seller for undelivered or returned goods and/or services not fully performed; and (iv) to purchase elsewhere and charge Seller with any loss incurred as a result thereof. Purchaser's right to return goods is not affected by any assignment by Seller of moneys due or to become due hereunder. Upon cancellation as aforesaid, Purchaser shall not have any liability to Seller except that Seller may charge to Purchaser only the allocable part of the price for conforming goods delivered and not returned and for services performed to the extent that Purchaser receives material benefit therefrom. In addition, Purchaser shall have the option of paying to Seller Seller's actual costs for undelivered goods, in which event such goods, whether in process or finished, and raw materials therefore shall become Purchaser's property and shall be delivered to Purchaser as herein provided. In no event shall Purchaser be obligated to pay to Seller an amount greater than the price herein for said delivered and undelivered goods in total. Failure of Purchaser to enforce any of its rights hereunder shall not be deemed to be a waiver thereof or to establish a custom or usage.

In addition to the foregoing, Purchaser may at any time terminate this Purchase Order/Contract in whole or in part for its convenience upon written notice to Seller, in which event Seller shall be entitled to reasonable termination charges consisting of a percentage of the Purchase Order/Contract price reflecting the percentage of the materials or goods delivered and accepted or work or labor performed and accepted prior to termination, plus actual direct costs resulting from termination. In no event shall Seller be entitled to lost opportunity costs, unabsorbed overhead or anticipated profits as the result of such termination and in no event shall said termination costs exceed the value of this Purchase Order/Contract.

7. PATENT RIGHTS: In the event this Purchase Order/Contract covers materials, machinery, equipment or manufacturing apparatus, the development or design of which is the concept of or is paid for or suggested by Purchaser, all patent and other intellectual property rights incident thereto shall automatically become the exclusive property of Purchaser, and Seller shall cooperate with Purchaser in obtaining all such rights for Purchaser. In the event this order is funded under a federal grant, the rights of the Purchaser shall be superseded by the rights of the federal government. Seller agrees, at its own expense, to defend any suit or action brought against Purchaser or against those using the materials, goods, work or labor covered by this Purchase Order/Contract for actual or alleged infringement of patent or invention rights arising from the sale or use of such materials, goods, work, or labor and to indemnify and save Purchaser harmless from any damages, liabilities, claims, losses and expenses (including attorney's fees) paid or incurred by Purchaser in connection with any such suit or action whether against Purchaser or against those using the materials, goods, work, or labor covered by this

Purchase Order/Contract provided however, that this indemnity shall not extend to patented merchandise required by Purchaser's specification, the use of which Seller does not control.

8. PRICES: The prices specified in this Purchase Order/Contract are not subject to change without the written approval of Buyer.

Seller warrants that prices charged Purchaser are no higher than prices charged on orders placed by others for similar quantities on similar conditions subsequent to the last generally announced price change. In the event Seller breaches the terms of this paragraph, prices of the goods, material, labor or work shall be reduced accordingly, retroactive to the date of such breach. Seller agrees that any price reduction in the goods, materials, labor or work consequent to placement of this order, but prior to shipment, will be applicable to this Purchase Order/Contract. Seller certifies that amount invoiced under this Purchase Order/Contract shall not exceed the maximum levels established under any applicable government price control program. Any excess shall be promptly refunded.

9. EQUAL EMPLOYMENT: This Purchase Order/Contract will be subject to the non-discrimination provisions of Executive Order No.'s 11246, 11375 and 11701, as amended or superseded, relative to equal employment opportunity and the rules and regulations thereunder, which are incorporated herein by specific reference, except as exempted by the provisions thereof. Acceptance of this Purchase Order/Contract by Seller constitutes Seller's agreement to comply with and Seller's assurance of compliance with the foregoing and with Title VII the Civil Rights Act of 1964, and amendments thereto, Title IX of the Education Amendments of 1972, and amendments thereto, the Rehabilitation Act of 1973, and amendments thereto, the Age discrimination in Employment Act, and amendments thereto, the Vietnam Era Veterans Readjustment Assistance Act and other applicable State and Federal statutes and regulations prohibiting discrimination.

10. NON-DISCRIMINATION CLAUSE: The non-discrimination clause set forth in Title 16 of the Pa.Code, Chapter 49, is expressly incorporated herein by reference.

OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970; TOXIC SUBSTANCES CONTROL ACT: Seller warrants that the manufacture and design of the items, chemical substances or mixtures covered by and the services performed pursuant to this Purchase Order/Contract comply with the standards, rules, orders and regulations promulgated or prescribed pursuant to the Occupational Safety and Health Act of 1970 and the Toxic Substances Control Act, as applicable.

11. SMALL BUSINESS, MINORITY BUSINESS, AND WOMEN BUSINESS ENTERPRISES: Pennsylvania College of Technology promotes the bidding of supplies and service by small businesses, minority owned businesses, and women owned businesses, and they are afforded the maximum feasible opportunity to compete for Purchase Order/Contracts in accordance with state and federal Jaws and regulations.

12. MOTOR VEHICLES: When specifications provide for a Motor Vehicle, unless an exception is stated in the specifications, Motor Vehicles shall be manufactured in North America and bidder must provide Certification of Compliance with the

Pennsylvania Motor Vehicle Procurement Act.

13. MATERIAL SAFETY DATA SHEETS: Material Safety Data sheets are required for all hazardous materials. Forward Attn: Director of General Services, Pennsylvania College of Technology, 2245 Reach Road, Williamsport, Pennsylvania 17701.

14. ANTIBID-RIGGING: All equipment, goods, services or materials furnished under this Purchase Order/Contract are subject to the Antibid-Rigging Act and seller or supplier acknowledges the applicability of this Act. Any seller, bidder, or supplier shall provide noncollusion affidavits as required by purchaser.

15. COMPLIANCE WITH APPLICABLE LAW: Seller represents that the goods, materials, labor or work to be supplied or performed hereunder shall conform to and/or comply with all applicable Federal, State and local laws, rules, and regulations, and standards, whether governmental or industrial, in effect on the date of delivery of same or known in the industry to become effective after such date.

16. PARTIAL SHIPMENTS: Partial shipments shall not be permitted without the prior written consent of the Procurement Services Dept. of Purchaser.

17. SERVICES: If this Purchase Order/Contract is for services, in whole or in part, the following additional terms and conditions shall apply. Seller is an independent contractor and is not the agent or servant of Purchaser. Seller has inspected the premises and site of the services to be performed, takes the premises as is, and acknowledges that no representations have been made to Seller as to the conditions of the premises or site. Work, when commenced, shall be continuously prosecuted to completion. If Seller shall for any reason be unable to complete the work within the time set forth on the face of this Purchase Order/Contract, Purchaser reserves the right to complete the work and to charge the costs thereof against Seller. Seller waives any and all right Seller may have to any mechanic's or materialmen's liens under the laws of the locality in which the work is performed.

19. FINAL PAYMENT: It shall be a condition to final payment that Purchaser has accepted the goods, materials, labor or work furnished hereunder. It shall be a further condition to final payment that Seller has given Purchaser satisfactory evidence that all liens, claims, obligation and liabilities against the premises for which the goods or materials were furnished or where the work or labor were installed or which are chargeable to Purchaser have been fully paid, satisfied and released. Final payment so made shall not be construed as a waiver of any breach of the contract arising from this Purchase Order/Contract by Seller, or as an acceptance of defective goods, materials, labor or work or of goods, materials, labor or work not in accordance with the specifications and drawings or with the terms of this Purchase Order/Contract.

20. INSURANCE: Until delivery to Purchaser, Seller shall keep the goods or materials called for by this Purchase Order/Contract, and all materials, equipment, supplies and other property whatsoever furnished by Purchaser, if any, to be incorporated into such goods or materials or to be used in the labor or work to be performed hereunder insured under usual forms of insurance in an amount at least equal to their value and in no event less, at any time, than the aggregate of all amounts paid to Seller on account thereof. Such insurance policies shall provide that losses thereunder shall be paid to Purchaser or Seller, as their interests appear, and shall be delivered to Purchaser upon request.

21. SHIPPING AND HANDLING CHARGES: No boxing, packing, shipping or handling charges will be allowed by Purchaser unless specifically authorized on the face of this order.

22. RISK OF LOSS: Risk of loss shall remain with Seller until delivery at the destination specified herein, irrespective of any other terms of this Purchase Order/Contract.

23. ASSIGNMENT: This Purchase Order/Contract may not be assigned without Purchaser's written consent.

24. MODIFICATIONS: No modifications shall be made to this Purchase Order/Contract without the prior written consent of both parties.

25. APPLICABLE LAW: This order shall be construed according to the laws of the Commonwealth of Pennsylvania and any suit or civil proceeding arising out of thisPurchase Order/Contract shall be brought only in a state or federal court in the

Commonwealth of Pennsylvania.

26. ORDER OF PRECEDENCE: In case of conflict between these terms and conditions and other more specific provisions of this Purchase Order/Contract, such other more specific provisions shall control.

27. INVOICES: Separate invoices in duplicate are required for each Purchase Order/Contract or each partial shipment thereof.

28. DELIVERY: The contractor shall deliver supplies, furniture, equipment, etc., to Pennsylvania College of Technology, General Services Bldg., 2245 Reach Road, Williamsport, Pennsylvania 17701, unless otherwise specified.

29. IDENTIFICATION: Every package, box, bundle, or crate shall be marked with Purchase Order/Contract number and packing slip clearly marked as to the contents shall be enclosed. Such packing slip and invoice shall identify the item by the assigned item number. Partial shipments may be made on an order, with prior approval by the Director of Procurement Services, but each item should be shipped complete at one time.

When a federally funded contract is issued, Penn College, ED, the Comptroller General of the U.S. or any of their duly authorized representatives must have access to any books, documents, papers, and records of the contractor which are directly pertinent to a specific program for the purpose of making audits, examinations, excerpts, and transcriptions. All revisions to EDGAR (0MB) Circular A-110 apply.

Service providers are required to implement and maintain safeguards to protect the security, confidentiality, and integrity of nonpublic information about individuals including, but not limited to, Penn College students, employees, perspective students and employees, donors, patrons, clients, and alumni.

NOTE: When specifications provide for 'Public Works', meaning construction, reconstruction, demolition, alteration and/or repair work, Section 30.1 through 30.20 will be attached and become part of these terms and conditions.

If Section 30 is not included, contact the procurement services office immediately at (570) 327-4771.

Rev. 6/09

Certificate of Insurance

General Requirements

1. All Contractor's Liability Insurance providers must be licensed and authorized to conduct business in the Commonwealth of PA. The insurance carriers of whom the Contractor has purchased insurance coverage are to have an "A-" or better rating plus a financial rating of VI or better with the A.M. Best's Company Key Rating Guide - Latest Edition.

2. Contractor shall be responsible for any deductible expenses incurred by the Owner, if loss is caused by the Contractor's negligence or willful misconduct.

3. Each Contractor shall provide "Installation Floater" coverage for its own equipment and materials not installed or tested.

4. The Contractor or Contractors shall replace or rebuild work immediately without waiting for insurance reimbursement.

Commercial General Liability

1. For the duration of these Contracts, the Contractor and each Subcontractor shall, at their own expenses, purchase and maintain in a company or companies licensed to do business in the Commonwealth of Pennsylvania, Comprehensive General Liability, with limits not less than the following:

1. Per Occurrence Limit: $1,000,000.00

2. Products and Completed Operations Aggregate: $1,000,000.00

3. General Aggregate Limit: $2,000,000.00

4. Personal and Advertising Injury: $1,000,000.00

Automobile Liability

1. For the duration of this Contract, the Contractor and each Subcontract shall, at their own expense, purchase and maintain in a company or companies licensed to do business in the Commonwealth of Pennsylvania, Comprehensive Automobile Liability Pennsylvania, Comprehensive Automobile Liability Insurance, including coverage for accidents related to operation of motor vehicles owned, non-owned, or leased, with limits not less than the following:

1. Single Combined Limit: $1,000,000.00

Umbrella Liability

1. For the duration of the Contract(s), the Contractor and each Subcontractor shall, at their own expense, purchase and maintain in a company or companies licensed to do business in the Commonwealth of Pennsylvania, Umbrella Liability, with limits not less than the following:

1. Umbrella Liability: $2,000,000.00 each occurrence/aggregate.

Workers Compensation and Employers Liability

1. Contractor shall take out and maintain during the life of the Contract, Workmen's Compensation

Insurance for employees at the Project Site and, in the event any Work is sub-let, require the same coverage for subcontractors, unless his employees are covered by protection afforded by the subcontractor.

2. For the duration of the Contract, the Contractor and each Subcontractor shall, at their own expense, purchase and maintain in a company or companies licensed to do business in the Commonwealth of Pennsylvania, Statutory Workmen's Compensation including Occupation Disease as required by the laws of the Commonwealth of Pennsylvania and also Employer's Liability Insurance with limits not less than the following Statutory - Amounts and coverage as required by the laws of the Commonwealth of Pennsylvania:

Employer's Liability:

1. $100,000.00 each accident

2. $500,000.00 disease (policy limit)

3. $100,000.00 disease (each employee)

Contractor's Protective Bodily Injury Liability and Property Damage Insurance

1. Contractor shall take out and maintain during the life of the Contract, Bodily Injury Liability and Property Damage Insurance to protect himself and any subcontractor performing Work covered by the Contract, from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from operations under the Contract, whether such operations be by Contractor, subcontractor, or by anyone directly or indirectly employed by either of them.

1. Bodily Injury Liability: $1,000,000 each occurrence

2. Property Damage Liability: $1,000,000 each occurrence

3. Owner’s and Contractors aggregate of $2,000,000

Fire Insurance

1. Owner will effect and maintain Builder's Risk Fire Insurance and Extended Coverage upon insurable

Work in place and materials stored at the Site. Insurance will be in amount equal to full insurable value thereof at all times and will be for benefit for Owner, Contractor, and each subcontractor as their interest may respectively appear.

Submittals

1. Contract Awardee:

An original copy of the Certificate of Insurance, issued by the Insurance carrier, shall be submitted to the Owner prior to the start of work.

The Owner shall be named as "additional insureds for this project" on the certificate.

Notice of Cancellation, Termination or Non-Renewal.

1. Owner must receive 30 days’ notice of any cancellation, termination, non-renewal or changes to any insurance policy noted above.