Amended 6.03.2021 ENE52 RFR No 2 Heating Fuel and APS Eligible Liquid Biofuel Final~1.pdf

Document Sensitivity Level: High during development; Low once published. Template v 3.0.0

COMMONWEALTH OF MASSACHUSETTS

OPERATIONAL SERVICES DIVISION

Request for Response (RFR)

Document Title: No. 2 Heating Oil & APS Eligible Liquid Biofuel

Agency Document Number: ENE52

COMMBUYS Bid#: BD-21-1080-OSD03-SRC02-60856

04/27/2021

Amended 6/03/2021

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on www.COMMBUYS.com. Bidders are responsible for reviewing and complying with all Bid requirements. Bidders may contact the OSD Help Desk at COMMBUYS@mass.gov or at 1-888-MA-STATE for technical assistance with COMMBUYS. The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern time, as applicable, except on federal and state holidays.

Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFR information in an alternative format, must communicate such requests in writing to the contact person. Requests for accommodation will be addressed on a case by case basis. A Bidder requesting accommodation must submit a written statement which describes the Bidder’s disability and the requested accommodation to the contact person for the RFR. The SST reserves the right to reject unreasonable requests.

https://www.sec.state.ma.us/cis/cishol/holidx.htm https://www.sec.state.ma.us/cis/cishol/holidx.htm

REQUEST FOR RESPONSE No. 2 Heating Oil & APS Eligible Liquid Biofuel

Revision History

Version Number

Date Author Brief Description

1.0 04/27/2021 Michael Woods Initial release

2.0 5/17/2021 Michael Woods Q&A extended, amendment deadline extended

3.0 5/18/2021 Michael Woods Executive Order 594 see sections 1.1 and 9.3.2.

Q&A and amendment deadline extended.

4.0 5/27/2021 Michael Woods Sections 1.3.4 category 3 awards, section 5 SDP points for evaluation changed.

5.0 6/3/2021 Michael Woods Additional language added to sections 4.10 and 9.3.2.

Table of Contents Page i

Document Sensitivity Level: High during development; Low once published.

1 INTRODUCTION AND BID OVERVIEW

1.1 SUMMARY DESCRIPTION OF PROCUREMENT

1.2 ESTIMATED PROCUREMENT CALENDAR

1.2.1 SUBMISSION OF BID QUESTIONS

1.2.2 BID AMENDMENT DEADLINE

1.2.3 LATE BIDS WILL NOT BE CONSIDERED

1.2.4 DEBRIEFING

1.3 ADDITIONAL BID INFORMATION

1.3.1 ANTICIPATED CONTRACT DURATION:

1.3.2 ESTIMATED VALUE OF THE CONTRACT

1.3.3 NO. 2 HEATING OIL ESTIMATED GALLONS

1.3.4 ESTIMATED NUMBER OF AWARDS

1.3.5 ADDING CONTRACTORS AFTER INITIAL CONTRACT AWARD

1.3.6 ACQUISITION METHOD(S):

1.3.7 ENTITIES ELIGIBLE TO USE THE RESULTING CONTRACT

2 ADDITIONAL INFORMATION ON PROCUREMENT SCOPE

3 BIDDER QUALIFICATIONS

3.1 COMPANY EXPERIENCE

3.1.1 YEARS IN THE INDUSTRY OF THE BID

3.2 EMPLOYEE AND/OR BUSINESS TECHNICAL/BUSINESS EXPERIENCE, CERTIFICATIONS, LICENSES 5

3.3 EMERGENCY RESPONSE CAPABILITIES

3.4 FINANCIAL STABILITY INCLUDING DUNS REPORT, BANKRUPTCY, LITIGATION, AND CONTRACT

DEFAULTS

3.4.1 BANKRUPTCY, LITIGATION, AND CONTRACT DEFAULTS

3.5 REFERENCES AND REFERENCE INFORMATION AND/OR REQUIREMENTS

4 COMMODITY, SERVICE, ENVIRONMENTAL, AND COST SPECIFICATIONS

4.1.1 TITLE TO OIL

4.1.2 QUANTITY OF OIL

4.1.3 RELIABLE SUPPLY

4.1.4 SUBCONTRACTING

4.1.5 GUARANTEE/ACCIDENT/SPILLS

4.1.6 ACCOUNT SETUP

4.1.7 REGULATORY CHANGES

4.1.8 CONTRACT TERMINATION

4.2 DELIVERY TERMS

4.3 DELIVERY MINIMUM

4.4 TESTING OF NO.2 HEATING OIL OR APS ELIGIBLE LIQUID BIOFUEL

4.5 GEOGRAPHIC COVERAGE

4.6 ORDERING AND QUOTES

4.7 ENVIRONMENTAL SPECIFICATIONS

4.7.1 ENVIRONMENTAL BENEFIT CLAIMS/LABELING

4.7.2 REQUIRED ENVIRONMENTAL SPECIFICATIONS

Table of Contents Page ii

4.7.3 BIDDER CURRENT ENVIRONMENTAL PRACTICES FORM

4.8 COMPENSATION STRUCTURE/PRICING

4.9 CATEGORY 1

4.10 CATEGORY 2

4.11 CATEGORY 3

4.12 COST TABLES

4.13 TAXES

4.13.1 PROMPT PAY DISCOUNT

5 SUPPLIER DIVERSITY PLAN (SDP)

6 EVAULATION CRITERIA

6.1 MANDATORY REQUIREMENTS

6.2 EVALUATION COMPONENTS

6.2.1 SUPPLIER DIVERSITY PLAN (MINIMUM OF 10 POINTS WEIGHT OF THE TOTAL AVAILABLE 100

EVALUATION POINTS) ........................................................................... ERROR! BOOKMARK NOT DEFINED.

6.3 BEST VALUE SELECTION AND NEGOTIATION

7 INSTRUCTIONS FOR SUBMISSION OF RESPONSES

7.1 RFR SUBMISSION CHECKLIST

7.2 ELECTRONIC SIGNATURES

7.3 LIMITS AND RESTRICTIONS

7.3.1 DOCUMENT PAGES

7.3.2 FILE FORMAT RESTRICTIONS

7.3.3 FILE NAMING CONVENTIONS

7.4 GENERAL QUOTE REQUIREMENTS, PROVISIONS, AND PROHIBITIONS

7.4.1 QUOTE CONTENT

7.4.2 NON-COLLUSION

7.4.3 MULTIPLE QUOTES

7.4.4 MINIMUM QUOTE DURATION

7.4.5 BIDDER’S CONTACT INFORMATION

7.4.6 OWNERSHIP OF SUBMITTED QUOTES

7.4.7 PROHIBITIONS

7.4.8 PUBLIC RECORDS LAW

7.4.9 REASONABLE ACCOMMODATION

8 REQUIREMENTS FOR DOING BUSINESS AFTER CONTRACT AWARD

8.1 INK SIGNATURES ON REQUIRED FORMS

8.2 USE OF COMMBUYS

8.3 STATEWIDE CONTRACT VENDOR COMMUNICATIONS PROTOCOL

8.3.1 CHANGES TO CONTRACTOR’S INFORMATION

8.3.2 SINGLE POINT OF CONTACT

8.3.3 REPLACEMENT OF CONTRACTOR STAFF

8.3.4 ADDING COMMODITIES AND/OR SERVICES ONLY IN ACCORDANCE WITH THE STATEWIDE

CONTRACT

8.3.5 REQUESTING PRICE ADJUSTMENTS ONLY IN ACCORDANCE WITH STATEWIDE CONTRACT

Table of Contents Page iii

8.4 PERFORMANCE MEASURES

8.4.1 CONTINUED QUALIFICATION BASED ON PERFORMANCE

8.4.2 FAILURE TO PERFORM CONTRACTUAL OBLIGATIONS

8.5 ADDING ADDITIONAL CONTRACTORS

8.6 REPORTING REQUIREMENTS AND DUE DATES

8.6.1 REPORTING AND PAYMENT DUE DATES

8.6.2 QUARTERLY SALES, SUPPLIER DIVERSITY PROGRAM EXPENDITURE, AND ENVIRONMENTALLY

PREFERABLE PRODUCTS REPORT

8.6.3 STATEWIDE CONTRACT ADMINISTRATION QUARTERLY FEE PAYMENT AND REPORT

8.6.4 AUDIT

8.6.5 OTHER TERMS

8.6.6 AD HOC REPORTS

8.7 PAYMENT RELATED TERMS

8.7.1 BILL PAYMENT

8.7.2 LATE PAYMENT FEES

8.7.3 ELECTRONIC FUNDS TRANSFER (EFT)

8.7.4 CREDITWORTHINESS

8.7.5 TAX EXEMPTION

9 RFR APPENDICES

9.1 APPENDIX 1 – REQUIRED TERMS FOR ALL STATEWIDE RFRS

9.1.1 APPLICABLE PROCUREMENT LAW

9.1.2 GENERAL PROCUREMENT INFORMATION

9.1.3 TERMS AND REQUIREMENTS PERTAINING TO AWARDED STATEWIDE CONTRACTS

9.2 APPENDIX 2 INSTRUCTIONS FOR VENDORS RESPONDING TO BIDS ELECTRONICALLY

THROUGH COMMBUYS

9.3 APPENDIX 3: RFR – OTHER SPECIFICATIONS DETAILED SCOPE OF CATEGORIES

9.3.1 NO. 2 HEATING OIL MUST COMPLY WITH THE FOLLOWING SPECIFICATIONS:

9.3.2 APS ELIGIBLE LIQUID BIOFUEL MINIMUM OF 10% BIOFUEL:

10 GLOSSARY

RFR ENE52 COMMBUYS BID NUMBER BD-21-1080-OSD03-SRC02-60856 Page 1

1 INTRODUCTION AND BID OVERVIEW

1.1 Summary Description of Procurement

The Commonwealth of Massachusetts and the No. 2 Heating Oil and *APS Eligible Liquid Biofuel Strategic Sourcing Team (SST) are soliciting Bidders for the acquisition of:

• Category 1: No. 2 Heating Oil

• Category 2: Massachusetts *APS Eligible Liquid Biofuel minimum 10% biofuel

• Category 3 No. 2 Heating Oil Fixed Pricing

The resulting Contract will serve as the primary Statewide Contract used by Executive Agencies of the Commonwealth for the goods and services covered by the Contract. The resulting Contract will replace SWC# ENE45.The Contract will also be available for use by other Eligible Entities.

The major differences between the previous contract ENE45 and the new contract ENE52 are:

• the removal of the No.4 and No.6 residual fuels

• the addition of the APS Eligible Liquid Biofuel minimum 10% biofuel

Per Executive Order 594 signed by Governor Baker on Earth Day April 22, 2021, all agencies still utilizing heating oil as of July 1, 2021, shall ensure that any heating oil product purchased shall consist of at least 10% biofuels (i.e., B10). Said biofuels must meet the minimum fuel content specifications outlined in LBE guidance. Agencies shall work with LBE to identify opportunities to increase biofuel consumption to as high a level as is practicable. Agencies may be exempt from this requirement if biofuels are not readily available or are cost prohibitive, or if a specific performance constraint is identified.

*'Massachusetts APS Eligible Liquid Biofuel shall meet the definition found at 225CMR16.02 and shall comply with all the requirements of

225CMR16.02 and 225CMR16.05 and related guidelines.

1.2 Estimated Procurement Calendar

Action Date

Announcement of Intent to Procure 4/6/2021

Bid Release Date 4/27/2021

Deadline for submission of written questions through COMMBUYS “Bid Q&A”

5/26/2021

Official answers for Bid Q&A published (Estimated)

6/1/2021

Training for Online Submission – Contractors that have not previously submitted electronic quotes via COMMBUYS are strongly encouraged to attend training

Dates and Times Available:

Wednesday May 5th 10:00am Tuesday June 8th 1:00pm

YouTube Video:

How to Find Bids (Solicitations) and Submit Quotes (Respond) https://www.youtube.com/watch?v=I G7XDNk4-U0 https://www.mass.gov/executive-orders/no-594-leading-by-example-decarbonizing-and-minimizing-environmental-impacts-of-state-government https://www.mass.gov/doc/225-cmr-16-alternative-energy-portfolio-standard-aps/download https://www.mass.gov/doc/225-cmr-16-alternative-energy-portfolio-standard-aps/download https://www.mass.gov/doc/225-cmr-16-alternative-energy-portfolio-standard-aps/download https://www.youtube.com/watch?v=IG7XDNk4-U0 https://www.youtube.com/watch?v=IG7XDNk4-U0

RFR ENE52 COMMBUYS BID NUMBER BD-21-1080-OSD03-SRC02-60856 Page 2

Online Webinar:

Bid Amendment Deadline. Online Quote submission begins. Bid documents will not be amended after this date.

6/4/2021

Deadline for Quotes/Bid Responses (“Bid Opening Date/Time” in COMMBUYS)

6/23/2021 2:00PM

Late bids will not be considered.

Notification of Apparent Successful Bidder(s) (Estimated)

8/04/2021

Estimated Contract Start Date (actual start date will be the contract effective date, which is the date the contract is executed by the parties)

10/1/2021

*See Appendix 2, "Training for Vendors Responding to Bids On COMMBUYS" for instructions on how to register for live webinar and additional trainings that may be helpful to prospective bidders.

Visit https://www.mass.gov/doc/vendor-training-schedule/download for additional Instructor-Led Training and Webinar dates.

Times are Eastern Time (US), as displayed on the COMMBUYS system clock after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail. Bidders are responsible for checking the Bid record, including Bid Q & A, on COMMBUYS for Procurement Calendar updates.

1.2.1 Submission of Bid Questions

The “Bid Q & A” function in COMMBUYS allows Bidders to ask written questions and receive written answers regarding this Bid. To locate the Bid Q & A, log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q & A” button allows Bidders access to the Bid Q & A page.

All questions must be submitted through the Bid Q & A page. Questions must be asked prior to the Deadline stated in the Estimated Procurement Calendar. The Strategic Sourcing Team (SST) reserves the right not to respond to late questions. Bidders are responsible for verifying that their questions are recorded in COMMBUYS and appear on the Bid Q & A page.

Questions submitted to the SST outside of COMMBUYS will not be answered.

Content entered must be suitable for public viewing. Bidders must not include inappropriate content, including but not limited to, information that could be considered personal, security sensitive, inflammatory, incorrect, or collusory. The SST reserves the right to edit or delete any inappropriate content.

All answers are final when posted. Any subsequent revisions to previously provided answers will be dated.

1.2.2 Bid Amendment Deadline

The SST reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid, and any Bid Q & A records related to this Bid. The SST and the Commonwealth accept no responsibility and will provide no https://www.mass.gov/doc/vendor-training-schedule/download

RFR ENE52 COMMBUYS BID NUMBER BD-21-1080-OSD03-SRC02-60856 Page 3 accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

At the SST’s discretion, the Bid Amendment Deadline may be extended. Should this occur, the “Deadline for Quotes/Responses” shall be extended as well. As stated above, it is the responsibility of the bidder for checking the Bid record in COMMBUYS for revisions and updates.

1.2.3 Late Bids will not be Considered

Bid responses must be received in full by the bid opening date and time shown on COMMBUYS ("Bid Opening Date/Time", i.e., the Deadline for Quotes/Bid Responses). Proposals received after the deadline will be ineligible for consideration and deemed non-responsive. Each bidder/offeror must submit all required bid response forms electronically through COMMBUYS. When submitting a quote electronically through COMMBUYS, please allow sufficient time to complete any online forms and upload documents. If you are in the middle of uploading your proposal when the deadline is reached, the system will stop the process and you will be unable to submit your Quote. It is recommended that Quotes be submitted as far in advance as possible before the deadline to allow time to obtain assistance from the OSD Help Desk if needed.

1.2.4 Debriefing

The SST will conduct debriefings for unsuccessful Bidders, if requested within 14 calendar days of notification that your Quote has not been selected for an award. Debriefing guidelines will be provided in advance prior to the debriefing.

1.3 Additional Bid Information

1.3.1 Anticipated Contract Duration:

The initial term of this Contract is (5) five years. There will be zero (0) options to renew giving this contract a maximum duration of (5) five years.

1.3.2 Estimated Value of the Contract

The estimated value of purchase(s) resulting from this Bid is estimated units. The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders and are not to be relied upon as any indication of future purchase levels.

This Estimated Value was derived by reviewing Contractor sales reports to Commonwealth of Massachusetts eligible entities for FY 2020.

Note: Category 2 is a new category estimated use is not available. Category 3 on ENE45 had limited use not significant enough to report, this amount can be viewed in the FY20 Usage chart attached in COMMBUYS by filtering for fixed price in column K.

1.3.3 No. 2 Heating Oil Estimated Gallons

The estimated gallons of annual purchase(s) resulting from this Bid are two million gallons. Please see No. 2 Heating Oil Estimates Breakdown attachment titled FY20 Usage Chart in COMMBUYS for additional information.

The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of bidders and are not to be relied upon as any indication of future purchase levels.

1.3.4 Estimated Number of Awards

The target maximum number of Contractors for Category 1 (No. 2 heating Oil) is 9, and the target maximum number of Contractors for Category 2: (APS Eligible Liquid Biofuel) is 9. For category 3 (Fixed Pricing) there will be multiple awards per zone. The SST may award more or fewer contracts, if it is in the best interests of the Commonwealth to do so.

1.3.5 Adding Contractors after initial Contract Award

If over the life of the Contract, the SST determines that additional Contractors should be added in order to meet the requirements of the Commonwealth, these may first be drawn from qualified companies which responded to this Bid but were not awarded contracts and/or the Bid may be reopened to obtain additional Quotes.

RFR ENE52 COMMBUYS BID NUMBER BD-21-1080-OSD03-SRC02-60856 Page 4

1.3.6 Acquisition Method(s):

Check All Applicable (“X”):

Category

Fee-For-Service

Outright Purchase

Rental (not to exceed 6 months)

Term Lease

License

Other: [specify other, e.g., Tax Exempt Lease-Purchase (TELP)]

1.3.7 Entities Eligible to Use the Resulting Contract

Any Contract(s) resulting from this Bid will be open for use by the following entities:

• Cities, towns, districts, counties, and other political subdivisions

• Executive, Legislative and Judicial Branches, including all Departments and elected offices therein

• Independent public authorities, commissions, and quasi-public agencies

• Local public libraries, public school districts and charter schools

• Public hospitals owned by the Commonwealth

• Public institutions of higher education

• Public purchasing cooperatives

• Non-profit organizations that are doing business with the Commonwealth;

• Other states and territories with no prior approval by the State Purchasing Agent; and

• Other entities when designated in writing by the State Purchasing Agent.

Each eligible entity is responsible for executing its own purchase orders and paying its own invoices for goods and/or services acquired from this Contract. Contractors will be responsible for marketing their goods and/or services to Commonwealth Agencies and other eligible entities.

2 ADDITIONAL INFORMATION ON PROCUREMENT SCOPE

The Commonwealth of Massachusetts and the ENE52 Strategic Sourcing Team (SST) requests responses from qualified Contractors to provide the delivery of No.2 Heating Oil, and APS Eligible Liquid Biofuel to eligible entities within the nine (9) zones identified on the Zone Listing attachment. It is essential that Contractor(s) provide Commonwealth Agencies with high quality fuel and reliable delivery service throughout the term of the Contract(s).

Similar or related services may be added to the contract during the life of the contract by mutual agreement between an awarded Contractor and the SST if it is in the best interest of the Commonwealth to do so.

3 BIDDER QUALIFICATIONS

3.1 Company experience

Bidders must complete the Bidder response form. The bidder shall submit on the Bidder Response Form a profile of the firm’s operations, including but not limited to the years the bidder has been in business (minimum of five years), experience in the handling and delivery of No.2 Heating Oil and (minimum of two years) APS Eligible Liquid Biofuel and a description of bidder's current business in Massachusetts.

3.1.1 Years in the industry of the Bid

Bidders must have been in the business of providing heating fuel for at least the five (5) most recent consecutive years for No.2 Heating Oil and at least the two (2) most recent consecutive years for APS Eligible Liquid Biofuel prior to the RFR submission deadline (See RFR Section 1.2, Estimated Procurement Calendar).

https://www.mass.gov/files/documents/2016/10/xb/eligible.xlsx

RFR ENE52 COMMBUYS BID NUMBER BD-21-1080-OSD03-SRC02-60856 Page 5

In the case of companies formed fewer than the required amount of years prior to this date via merger, acquisition or some other means, the SST may consider the experience of all companies involved in the merger or acquisition.

3.2 Employee and/or business technical/business experience, certifications, licenses

The bidder shall submit on the Bidder Response Form a brief description of the designated contract manager’s experience that will be responsible for the overall management, reporting and ensuring adherence to the performance measures of this contract during normal business hours.

3.3 Emergency Response Capabilities

Contractor must have available dispatch services 365 days a year / 24 hours a day / 7 days a week. The need for emergency delivery will occur and the Contractor must provide 24- hour, 365- day coverage. In a declared state of emergency where the safety and wellbeing of Commonwealth citizens are at risk, Contractors may be asked to supply the Commonwealth with the commodities and/or services under the Statewide Contract on a priority basis. If emergency deliveries become a recurring problem, the Contractor must seek resolution with the Contract Manager at the Operational Services Division (OSD).

To maintain necessary communications and service, the Contractor will designate a primary contact person. The Contractor guarantees that the person so designated will be available throughout the emergency.

3.4 Financial stability including DUNS report, bankruptcy, litigation, and contract defaults

The bidder shall submit on the Bidder Response Form a description of any and all investigations, indictments or pending litigation by any federal, state or local jurisdiction relating to the bidder, any officer, director, partner or member thereof, any affiliate or any related company and any other requested information.

3.4.1 Bankruptcy, litigation, and contract defaults

Bidders must provide a list of any outstanding contingencies, such as lawsuits or other claims or charges, against the Bidder related to performance of the services sought under this RFR.

Bidder must disclose in the response any adverse findings or settlements during the five (5) years prior to the submission deadline which involve the Office of the Attorney General or the Office of the Inspector General.

3.5 References and reference information and/or requirements

At a minimum three (3) letters of reference MUST be submitted with bid response from any institutional account, or from the largest customer in MA if available. The SST may choose to contact references on an as-needed basis.

4 COMMODITY, SERVICE, ENVIRONMENTAL, AND COST SPECIFICATIONS

This contract includes 3 categories as listed below.

• Category 1: No.2 Heating Oil

• Category 2: APS Eligible Liquid Biofuel minimum 10% Biofuel

• Category 3: No.2 Heating Oil with a Fixed price

See Appendix 3 for a detailed description of the scope of the categories.

4.1.1 Title to Oil

The contractor warrants that it has good and merchantable title to the oil supplies that will be supplied in meeting its obligations pursuant to this solicitation and resulting contract. Further the contractor warrants that the oil that it sells to an eligible contract user is free from liens and adverse claims of every kind. The contractor or its successor shall indemnify and hold the eligible entity harmless against all loss, damage, and expense of every kind on account of adverse claims which attach before delivery to the contract users’ sites. The title to such oil will pass to the contract user (buyer) at the delivery point(s).

4.1.2 Quantity of Oil

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

RFR ENE52 COMMBUYS BID NUMBER BD-21-1080-OSD03-SRC02-60856 Page 6

4.1.3 Reliable Supply

The contractor will take all reasonable and prudent steps to insure contract users of a continuous supply of oil.

4.1.4 Subcontracting

It is permissible to use subcontractors to provide service to the Commonwealth. However, the primary contractor will be held responsible for all performance of the subcontractor, including compliance with all contract terms and conditions. In addition, the primary contractor must inform OSD who the subcontractors are and the facilities they will be serving and may be required in writing. OSD reserves the right to request change/termination of subcontractors due to lack of performance. Failure to accommodate such a request may result in contract termination. Subcontracting will not increase the prices offered by the Contractor in response to this RFR.

4.1.5 Guarantee/Accident/Spills

The Contractor guarantees to furnish protection from damage to the agency’s building, grounds and/or equipment occurring on account of, or in connection with, or occasioned by, or resulting from the furnishing and delivery of No.2 Heating Oil or Eligible Liquid Biofuel under this contract and shall be liable for any damages for which its employees are responsible.

This liability includes and is not limited to spills occurring during delivery. The Contractor shall always provide constant surveillance during delivery by having a person in attendance at point of transfer. A department ordering too much No.2 Heating Oil or Eligible Liquid Biofuel will not relieve the vendor of responsibility.

While performing work under this contract, the Contractor shall be responsible for completing clean-up of any spills or accidental releases to the environment (pursuant to MGL c. 21E and other relevant regulations) that the Contractor is responsible for due to contractor’s acts, omissions, or negligence including but not limited to those referenced in this section, at no cost to the Commonwealth. The Contractor shall notify all local, state, and federal authorities as required by law in the event of such a release or threat of release. The Contractor will immediately notify the user facility contact person by phone and/or e-mail with a follow-up in writing, in the event of a spill, release, or threat of a release to the environment and prior to initiating clean up response actions. If prior notification of the facility contact is not possible, then the Contractor shall take appropriate response actions, and notify the contact person, in writing, as soon as possible thereafter. The Contractor must provide a written summary of the response actions taken in any case within the timelines established for reporting of spills and /or contamination, as set forth in MGL C. 21E. A copy must also be sent to the Contract Manager at OSD.

4.1.6 Account Setup

For Category 1 entities wishing to participate in this contract must make arrangements with the appropriate awarded Contractor prior to October to be included in the upcoming heating season and must remain with the vendor for the duration of the heating season (Oct-Mar). Contractors are directed to request this commitment in writing. After October, new entities are added at the discretion of the Contractor. For Category 2 the Purchasing Entity and the Contractor will work to determine the time frame.

4.1.7 Regulatory Changes

In the event of the adoption of regulatory changes which substantially modifies the contract terms in place, the parties will negotiate in good faith an appropriate amendment to this Agreement. Such amendment shall be designed to retain the existing relationships between the parties with due consideration of the risks and rewards.

If a change occurs which gives rise to the belief in either party of a necessity to negotiate an appropriate amendment to this Agreement, the party claiming the need to modify the Agreement shall notify the other party at first opportunity, but in any event, within twenty (20) days of the occurrence of the event. If, after thirty (30) days of notice, the parties are unable to negotiate an amendment mutually agreeable to each other (or a shorter time period if the time between the announcement of the proposed change and the date of implementation is less than thirty (30) days then this Agreement shall terminate on the date that the regulatory change becomes effective. The Contractor agrees that it has specifically assumed the risks and liabilities associated with pricing and terms and conditions of this RFR as specified in this contract except the uncertainties as specified above.

Changes in market conditions and prices oil shall not be a change entitling either party to re-negotiate the Agreement.

4.1.8 Contract Termination

In the event the contract is terminated for non-performance, the contractor is responsible for payment of all costs incurred by the eligible entity in replacing oil to include removal of defective oil, and any delivery charges as well as any and all costs incurred which exceed the costs the eligible entity would have incurred were the contract still in place.

RFR ENE52 COMMBUYS BID NUMBER BD-21-1080-OSD03-SRC02-60856 Page 7

4.2 Delivery Terms

Contractor(s) (awarded bidders) must verify operational details about sites located in their awarded zone(s) prior to making deliveries. Contractors must deliver to all identified sites located in the awarded zone that are accessible by truck. Delivery of No.2 Heating Oil must be made on days and during hours that are acceptable to contract users.

Lead time for normal delivery will be 24 hours; 48 hours for holidays and weekends. Deliveries must be compliant with all applicable Local, State and Federal laws and regulations. Contractors are responsible for paying for any damage they cause at a site. For those sites receiving delivery by tanker or taking an entire compartment, Contractor must provide a verified copy of the Contractor’s supplier’s statement of delivery. For other deliveries, each truck must be equipped with a meter that automatically prints a ticket showing the number of gallons delivered, which must be signed by the delivery person and the respective contract user’s site manager. Ticket must be supplied to site at time of delivery unless site has requested other arrangements.

Trucks must be equipped with adequate spill containment equipment/supplies & the driver must be trained in the proper usage of that equipment. If customers are required to have a SPCC plan in place, the Contractor must become familiar with this plan, and understand their role in any such plan.

The Commonwealth reserves the right to inspect delivery trucks to verify quantity being delivered. The delivering Contractor must supply means of inspection. Further, facilities management may choose to physically measure the No.2 heating Oil level in a storage tank before and after a delivery (“sticking”) to verify the amount delivered.

The contractor is not allowed to charge additional service charges for same day deliveries, emergency deliveries, or deliveries under a certain gallon amount.

4.3 Delivery Minimum

There is no minimum purchase for the delivery of No.2 Heating Oil or APS Eligible Liquid Biofuel.

4.4 Testing of No.2 Heating Oil or APS Eligible Liquid Biofuel (minimum of 10% Biofuel)

It is agreed that high quality oil, meeting the specifications of the customer order is a paramount goal of this contract.

Contractor assures the Commonwealth that there are high quality control mechanisms in place to assure the quality of delivered oil. Contractor will supply evidence of its quality control plan, if requested by OSD. If customer has evidence to believe that the Contractor has delivered oil of an inferior quality, questionable grade or with contaminants contained within the customer will:

• Have independent testing performed at the contract user’s expense, or

• Request that the contractor have an independent lab conduct such testing and provide results to the Agency and the Strategic Sourcing Lead – OSD.

In the event the oil delivered by the contractor is tested and determined to be of inferior quality, the contractor will be responsible for costs associated with the testing. The contractor will remove all the existing oil – inspect and clean storage tank- of any contaminants – and after customer is fully satisfied, provide new oil. All applicable Federal, State and Local regulations must be complied with to meet the requirements of this section. All parties agree that this process must occur immediately, but in no case will exceed 24 hours, unless otherwise agreed upon by the customer.

In the event the oil delivered by the Contractor is determined to be of acceptable quality and the customer has requested the vendor to perform such testing, the customer will be responsible for test expenses.

4.5 Geographic coverage

There are nine zones. The City/Town Zone Location Listing lists the Commonwealth communities sorted alphabetically by designated zone. This list is available with the other bid documents in COMMBUYS.

4.6 Ordering and Quotes

Responding to Buyer’s quote requests is a requirement of this contract. Contractors choosing not to bid must respond to COMMBUYS quote requests with a “no bid” by selecting the “Is No Bid” checkbox on the General tab of the quote.

RFR ENE52 COMMBUYS BID NUMBER BD-21-1080-OSD03-SRC02-60856 Page 8

Similarly, Contractors choosing not to bid on quote requests received outside of COMMBUYS must respond with a “no bid”.

Contractors must provide a quote that clearly identifies all commodities, materials, services and/or requirements which may incur costs for the Eligible Entity. All quotes must be for only products and/or services that Contractor is awarded to sell under this Statewide Contract. Furthermore, Contractors may not bill Eligible Entities for costs not identified in the quote, accepted by the SST, and agreed to by the Eligible Entity unless otherwise specified.

4.7 Environmental Specifications

In 2009, Executive Order 515, establishing an Environmental Purchasing Policy for Executive Departments, was signed. View the Environmentally Preferable Products (EPPs) Procurement Program General Information, Requirements and Guidance for detailed information about the program at https://www.mass.gov/doc/epp-general-information-requirements-and-guidance/download.

4.7.1 Environmental Benefit Claims/Labeling

Environmental benefit claims concerning products or services must be consistent with the Federal Trade Commissions’ Guides for the Use of Environmental Marketing Terms. Product environmental claims are to include the industry standard the product meets and certifier. Vendors must agree to offer and clearly label products with sustainability certifications and attributes, when available, within specific product categories. Documentation of the certification claimed by the vendor must be supplied upon request if it is not publicly available for verification (on either the vendor’s or certifier’s website).

Vendors claiming environmental benefits of their products shall list the appropriate benefits or industry standard it meets in the quarterly sales reports, if applicable, or on separate annual reports.

4.7.2 Required Environmental Specifications

A number of environmental product or service specifications have been designated as either mandatory or desirable for the Product/Service category by the EPP Program through EO 515 and can be viewed in the Minimum Environmentally Preferable Products and Services Specifications Guide at:

https://www.mass.gov/files/documents/2016/09/wf/epp-specifications.

All statewide and executive department contracts are required to use these standards, unless otherwise noted in the RFR.

4.7.3 Bidder Current Environmental Practices Form

Bidders must complete this form and submit it with their Quote. The form allows Bidders to communicate existing business practices that foster a sustainable approach to conducting their operations and reduce environment or public health impacts. Bidders may receive additional points in the evaluation phase of the RFR for the environmental initiatives they identify, however, bidders must substantiate all answers to receive additional points.

4.8 Compensation Structure/Pricing

The Commonwealth is interested in signing a differential price and a fixed price contract. Prices are net F.O.B destination including all customs duties and charges and delivery into a customer’s storage tanks. No additional charges will be accepted, except as noted in the RFR.

The following exceptions to the Oil Price Daily 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.

Corrections to posted prices previously stated in the Oil Price Daily will be considered only when caused by a typographical or clerical error on the part of said service provider.

Bidders must complete and submit the Price Sheet. Compensation will be based solely on the pricing submitted by the Bidder and accepted by the SST. Pricing must be submitted for all goods and services to be provided on this Statewide Contract. Pricing will be published on COMMBUYS.

https://www.mass.gov/doc/epp-general-information-requirements-and-guidance/download https://www.mass.gov/doc/epp-general-information-requirements-and-guidance/download http://www.mass.gov/governor/docs/executive-orders/executive-order-515.pdf http://www.mass.gov/governor/docs/executive-orders/executive-order-515.pdf https://www.mass.gov/doc/minimum-environmentally-preferable-products-and-services-specifications-guide/download?_ga=2.82269845.247890104.1612175829-1602106512.1563824646

RFR ENE52 COMMBUYS BID NUMBER BD-21-1080-OSD03-SRC02-60856 Page 9

4.9 Category 1

No. 2 Heating Oil: The Commonwealth seeks quotations for a differential price to be added to the average of the low and high wholesale Boston price as published daily in the Oil Price Daily An OPIS Publication for No.2 Heating Oil.

Because one vendor will be awarded per zone Bidders must bid on TL and LTL pricing for each zone for each fuel type.

4.10 Category 2

APS Eligible Liquid Biofuel (minimum of 10% Biofuel): The Commonwealth seeks quotations for a differential price to be added to the average of the low and high wholesale Boston price as published daily in the Oil Price Daily An OPIS Publication for No.2 Heating Oil.

Nothing in this contract shall preclude the ability of a buyer and vendor from to negotiating the ownership of alternative energy credits.

Because one vendor will be awarded per zone Bidders must bid on TL and LTL pricing for each zone for each fuel type.

4.11 Category 3

The Commonwealth also seeks quotations for a fixed adder over the weighted average price of the NYMEX for No.

2 Heating Oil Category 1. The weighted average will be determined at time of purchase by averaging the number of months and/or gallons needed. Price shall include operating expenses, transportation costs, and profit and any other ancillary costs. Taxes will be a separate line item on invoices. Contractor will work with the individual purchasing entities to determine specific time to lock into the NYMEX when it is deemed to be most advantageous. The specific volume will be verified when NYMEX is locked in by the purchasing entities. Purchasing Entities reserves the right to roll over purchases to additional months if needed. It is the responsibility of the Contractor and Purchasing Entity to come to a decision of how unused gallons will be handled prior to entering into an agreement.

Please note this fixed adder is ceiling, not to exceed pricing. Eligibility entities reserve the right to negotiate a lower fixed adder based on total gallons with the vendor. A minimum of 42,000 gallons must be purchased by the Eligible Entity. It is at the discretion of the Contractor to enter into any agreements less than 42,000 gallons.

4.12 Cost Tables

For purposes of this RFR, the differential prices submitted on the Price Response Sheet, must be provided in cents per gallon. Differential pricing quoted are to be expressed to four (4) decimal places. Vendors submitting pricing for Zone 3 must also submit pricing for Zone 4, Vendors submitting pricing for Zone 4 are not required to submit pricing for Zone 3. Vendors submitting pricing for Zone 1 must also submit pricing for Zone 2. Vendors submitting pricing for Zone 2 are not required to submit pricing for Zone 1.

4.13 Taxes

This contract is subject to the following Taxes/Fees:

• Federal Oil Spill Liability Trust Fund (OSLTF)

• Federal Leaking Underground Storage Tank (LUST)

• Massachusetts Uniform Oil and Prevention Fee

• NORA Fee: $0.0020 per gallon

These fees must be shown as separate line items on the invoice.

The contractor is not allowed to charge additional service charges for same day deliveries, emergency deliveries, or deliveries under a certain gallon amount unless noted in this RFR.

RFR ENE52 COMMBUYS BID NUMBER BD-21-1080-OSD03-SRC02-60856 Page 10

4.13.1 Prompt Pay Discount

All Bidders must agree to offer discounts through participation in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments, unless the Bidder can provide compelling proof that it would be unduly burdensome.

Bidders must submit agreeable terms on the Prompt Payment Discount Form, included on the Bid, unless otherwise specified by the SST. The SST will review, negotiate, or reject the offering as deemed in the best interest of the Commonwealth.

The requirement to offer a PPD may be waived by the SST on a case-by-case basis if participation in the program would be unduly burdensome on the Bidder. If a Bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in the Bidder’s Quote.

5 SUPPLIER DIVERSITY PLAN (SDP)

Massachusetts Executive Order 565 reaffirmed and expanded the Commonwealth’s policy to promote the award of state contracts in a manner that develops and strengthens certified Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Minority and Women Nonprofit Organizations (M/WNPOs), Veteran Business Enterprises (VBEs), Service-Disabled Veteran-Owned Business Enterprises (SDVOBEs), Disability-Owned Business Enterprises (DOBEs), and Lesbian, Gay, Bisexual and Transgender Business Enterprises (LGBTBEs).

All bidders are required to make a significant financial commitment to partner with certified M/WBEs, M/WNPOs, VBEs, and/or SDVOBEs, DOBEs and/or LGBTBEs certified or verified by the Supplier Diversity Office (SDO). Bidders must identify a commitment in the form of a specific percentage of sales made under the resulting contract that will be spent with an SDP Partner(s) on a Massachusetts fiscal year basis, using SDP Plan Form #1 – SDP Plan Commitment. This percentage commitment will extend for the life of any resulting contract.

This requirement extends to all bidders regardless of their certification status, and no bidder will be awarded a Contract unless and until the above requirement is met. In planning their SDP commitment, Bidders certified by SDO must note that the commitment cannot be met by making expenditures within their own company or with parent or wholly owned subsidiary companies. Therefore, Bidders may not list themselves or affiliates as SDP Partners. To ensure compliance with this section and encourage bidder participation, SDP Plans submitted by bidders will be evaluated by the SST at 10 points or more of the total available 100 evaluation points. Note: this does not mean that the bidder must commit 10% of sales. Questions concerning how the SDP works may be directed to the Supplier Diversity Office (SDO) or bidders may view a description of the SDP on the SDO webpage at www.mass.gov/sdo.

6 EVAULATION CRITERIA

Contractors must submit responses that meet all the submission requirements of the RFR. Only responsive proposals that meet the submission requirements will be evaluated, scored, and ranked by the evaluation team according to the evaluation criteria. Additional information may be requested for evaluation purposes.

Any submission which fails to meet the submission requirements of the RFR will be found non-responsive without further evaluation unless the evaluation team, at its discretion, determines that the non-compliance is insubstantial and can be corrected. In these cases, the evaluation team may allow the contractor to make minor corrections to the submission.

Bidder scores will be used to rank Bidders and will determine which Bidders will proceed to subsequent stages of the evaluation and/or enter negotiations with the Commonwealth to receive a Contract award.

6.1 Mandatory Requirements

Bidders who do not meet all mandatory requirements may be disqualified. The SST may determine if non-compliance with a mandatory requirement is insignificant or can be corrected or clarified.

Bid terms that include language such as: “must”, “shall”, “will” and “required” are “mandatory.”

6.2 Evaluation Components

The following components will be some of the criteria considered by the team when evaluating each Quote:

• Company Experience

• Financial Stability https://www.mass.gov/info-details/learn-about-the-supplier-diversity-program-sdp file:///C:/Users/wmcavoy/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/CVVND7WS/mass.gov/sdo http://www.mass.gov/sdo

RFR ENE52 COMMBUYS BID NUMBER BD-21-1080-OSD03-SRC02-60856 Page 11

• Supplier Diversity Plan

• Price

• Prompt Pay Discount

• Supplier Diversity Plan (minimum of 10 points weight of the total available 100 evaluation points)

6.3 Best Value Selection and Negotiation

The SST may select the Quotes(s) which demonstrates the best value overall, including proposed alternatives, that will achieve the goals of the procurement. The SST and a selected Bidder may negotiate a change in any element of Contract performance or cost identified in the original RFR or the selected Bidder’s Quote which results in lower costs or a more cost effective or better value than was presented in the selected Bidder’s original Quote.

7 INSTRUCTIONS FOR SUBMISSION OF RESPONSES

The Commonwealth will not be responsible for any costs or expenses incurred by Bidders responding to this RFR.

Responses must be sent via the “Create Quote” functionality contained in COMMBUYS. For instructions concerning how to submit a Quote, please see Appendix 2.

7.1 RFR Submission Checklist

Strategic Sourcing Services Teams seek to reduce the number of Bidder disqualifications based on incomplete submissions. Therefore, Bidders must complete and submit the RFR Submission Checklist and all documents referenced in the Checklist.

7.2 Electronic Signatures

Quotes submitted via COMMBUYS must be signed electronically by the Bidder or the Bidder’s Agent by accepting the terms and conditions of the bid on the “Terms & Conditions” tab of the Bid in COMMBUYS. By selecting “Save & Continue” on the “Terms and Conditions” tab after accepting the terms and conditions of the bid, the submitter attests that s/he is an agent of the Bidder with authority to sign on the Bidder’s behalf, and that s/he has read and assented to each document’s terms.

7.3 Limits and Restrictions

7.3.1 Document Pages

Limitations, if any, are found in the applicable Response Forms.

7.3.2 File Format Restrictions

Bidders must submit file formats readable by MS Word 2000 or later, or by Adobe Acrobat Reader or MS Excel or another format defined by the SST.

All scanned documents must be in .pdf or .gif format and must be scanned in such a way that they can be read on a computer monitor and printed on 81/2” x 11” paper, unless otherwise specified. Forms provided for the Bidder to complete, except for the forms requiring ink signatures, must be completed, and submitted in their original formats, NOT scanned and submitted as PDF or other file types.

7.3.3 File Naming Conventions

RFR Section or Quote Component

Description Enter in COMMBUYS during upload

File Name Assign when creating files

ENE52 RFR

Checklist (Section 7.1)

Company Name ENE52 RFR Checklist Company Name_ENE52_RFR Checklist.doc

RFR ENE52 COMMBUYS BID NUMBER BD-21-1080-OSD03-SRC02-60856 Page 12

Files submitted via COMMBUYS must follow the file naming convention specified below. The Description entered during the file upload process ensures each file is readily identified by Company Name and content. The File Name assigned by the Bidder as stored on their computer or network must be structured such that each file can be processed by the upload tool. The upload tool will reject any file name that includes spaces or symbols, like the brackets [] some systems apply when files are downloaded from the Internet.

7.4 General Quote Requirements, Provisions, and Prohibitions

7.4.1 Quote Content

Bid specifications for delivery, shipping, billing, and payment will prevail over any proposed Bidder terms entered as part of the Quote, unless otherwise specified in the Bid.

7.4.2 Non-Collusion

By submitting a Quote, the Bidder certifies that the Quote has been arrived at independently and has been submitted without any communication, collaboration, or without any agreement, understanding or planned common course or action with, any other Bidder of the commodities and/or services described in the RFR.

7.4.3 Multiple Quotes

Unless otherwise instructed by the RFR, Bidders may not submit Multiple Quotes in response to a Bid. If a Bidder submits multiple quotes in response to an RFR that does not authorize multiple responses, only the latest dated quote submitted prior to the bid opening date will be evaluated.

7.4.4 Minimum Quote Duration

Bidders’ Quotes to this RFR must remain in effect for at least 90 days from the date of Quote submission.

7.4.5 Bidder’s Contact Information

It is the Bidder’s responsibility to monitor the email address provided in the Quote for the Bidder’s contact person.

The SST may need to contact the Bidder’s contact person with clarification requests or for other reasons. The SST and the Commonwealth assume no responsibility if a Bidder’s designated email address is not current, or if technical problems, including those with the Bidder’s computer, network or internet service provider (ISP), cause e-mail communications between the Bidder and the SST to be lost or rejected by any means including email or spam filtering.

7.4.6 Ownership of Submitted Quotes

OSD and the SST shall be under no obligation to return any Quotes or materials submitted by a Bidder in response to this RFR. All materials submitted by Bidders become the property of the Commonwealth of Massachusetts and will not be returned to the Bidder. The Commonwealth reserves the right to use any ideas, concepts, or configurations that are presented in a Bidder’s Quote, whether the Quote is selected for Contract award.

ENE52 Bidder Response Form (Section 3.1)

Company Name ENE52 Bidder Response Form

Company Name_ENE52_Bidder Response Form.doc

ENE52 Price Sheet (Section 4.8)

Company Name ENE52 Price Sheet Company Name_ENE52_Price Sheet.xls

ENE52 Supplier Diversity Plan Form 1 (Section 5)

Company Name ENE52 Supplier Diversity Plan Form 1

Company Name_ENE52_SDP Form 1.doc

ENE52 Prompt pay Discount Form (Section 4.13.1)

Company Name ENE52 Prompt Discount Form

Company Name_ENE52_PPD Form.doc

ENE52 Current Environmental Practices Form…