bid-2614-23.pdf

Contractor Initials ________

Date ________

STATE OF NEW HAMPSHIRE BID TRANSMITTAL LETTER

Date: ___________________ Company Name: ________________________________________ Address:

To: Point of Contact: Ryan Godin Telephone: (603)-271- 3146 Email: NH.Purchasing@das.nh.gov

RE: Bid Invitation Name: Fuel, Gasoline and Diesel (On-Road Premium) Bid Number: 2614 -23 Bid Posted Date (on or by): 11/15/2022 Bid Closing Date and Time: 11/22/2022@ 2:00 PM (EST) Dear Ryan Godin:

[Insert name of signor]_____________________________, on behalf of _____________________________ [insert name of entity submitting bid (collectively referred to as “Vendor”) hereby submits an offer as contained in the written bid submitted herewith (“Bid”) to the State of New Hampshire in response to BID # 2614 -23 for Fuel, Gasoline and Diesel (On-Road Premium) at the price(s) quoted herein in complete accordance with the bid.

Vendor attests to the fact that:

1. The Vendor has reviewed and agreed to be bound by the Bid.

2. The Vendor has not altered any of the language or other provisions contained in the Bid document.

3. The Bid is effective for a period of 180 days from the Bid Closing date as indicated above.

4. The prices Vendor has quoted in the Bid were established without collusion with other vendors.

5. The Vendor has read and fully understands this Bid.

6. Further, in accordance with RSA 21-I:11-c, the undersigned Vendor certifies that neither the Vendor nor any of its subsidiaries, affiliates or principal officers (principal officers refers to individuals with management responsibility for the entity or association):

a. Has, within the past 2 years, been convicted of, or pleaded guilty to, a violation of RSA 356:2, RSA 356:4, or any state or federal law or county or municipal ordinance prohibiting specified bidding practices, or involving antitrust violations, which has not been annulled;

b. Has been prohibited, either permanently or temporarily, from participating in any public works project pursuant to RSA 638:20;

c. Has previously provided false, deceptive, or fraudulent information on a vendor code number application form, or any other document submitted to the state of New Hampshire, which information was not corrected as of the time of the filing a bid, proposal, or quotation;

d. Is currently debarred from performing work on any project of the federal government or the government of any state;

e. Has, within the past 2 years, failed to cure a default on any contract with the federal government or the government of any state;

f. Is presently subject to any order of the department of labor, the department of employment security, or any other state department, agency, board, or commission, finding that the applicant is not in compliance with the requirements of the laws or rules that the department, agency, board, or commission is charged with implementing;

g. Is presently subject to any sanction or penalty finally issued by the department of labor, the department of employment security, or any other state department, agency, board, or commission, which sanction or penalty has not been fully discharged or fulfilled;

h. Is currently serving a sentence or is subject to a continuing or unfulfilled penalty for any crime or violation noted in this section;

i. Has failed or neglected to advise the division of any conviction, plea of guilty, or finding relative to any crime or violation noted in this section, or of any debarment, within 30 days of such conviction, plea, finding, or debarment; or

j. Has been placed on the debarred parties list described in RSA 21-I:11-c within the past year.

Authorized Signor’s Signature _______________________________ Authorized Signor’s Title ________________________

NOTARY PUBLIC/JUSTICE OF THE PEACE

COUNTY: ___________________________ STATE: ______________ ZIP: _________________

On the _____ day of _______________, 2022, personally appeared before me, the above named ________________________, in his/her capacity as authorized representative of ________________, known to me or satisfactorily proven, and took oath that the foregoing is true and accurate to the best of his/her knowledge and belief.

In witness thereof, I hereunto set my hand and official seal.

(Notary Public/Justice of the Peace)

My commission expires: _________________________________________________________ (Date) mailto:NH.Purchasing@das.nh.gov

Form P37-A

REQUEST FOR BID FOR FUEL, GASOLINE AND DIESEL (ON-ROAD PREMIUM) FOR

THE STATE OF NEW HAMPSHIRE

PURPOSE:

The purpose of this bid invitation is to establish a contract for supply and delivery of Fuel, Gasoline and Diesel (On-Road Premium) to the State of New Hampshire with product list and requirements indicated in the SCOPE OF WORK and OFFER sections of this bid invitation, in accordance with the requirements of this bid invitation and any resulting contract.

INSTRUCTIONS TO VENDOR:

Read the entire bid invitation prior to filling it out. Complete the pricing information in the “Offer” section (detailed information on how to fill out the pricing information can be found in the “Offer” section); complete the “Vendor Contact Information” section; and finally, fill out, sign, and notarize page one of the bid invitation.

BID SUBMITTAL:

All bids shall be submitted on this form (or an exact copy), shall be typed or clearly printed in ink, and shall be received on or before the date and time specified on page 1 of this bid under “Bid Closing”. Interested parties may submit a bid to the State of New Hampshire Bureau of Purchase and Property by email to NH.Purchasing@DAS.NH.Gov. All bids shall be clearly marked with bid number, date due and purchasing agent’s name.

IF YOU ARE EXPERIENCING DIFFICULTIES EMAILING YOUR BID OR YOU WISH TO VERIFY THAT YOUR BID RESPONSE

HAS BEEN RECEIVED, PLEASE CALL (603) 271-2201.

BID INQUIRIES:

Any questions, clarifications, and/or requested changes shall be submitted by an individual authorized to commit their organization to the Terms and Conditions of this bid and shall be received in writing at the Bureau of Purchase and Property no later than 4:00 PM on the date listed in the timeline below. Questions shall not be submitted to anyone other than the Purchasing Agent or his/her representative. Bidders that submit questions verbally or in writing to any other State entity or State personnel shall be found in violation of this part and may be found non-compliant.

Questions shall be submitted by E-mail to Ryan Godin at the following address:

Ryan.M.Godin1@DAS.NH.Gov

Submissions shall clearly identify the bid Number, the Vendor’s name and address and the name of the person submitting the question.

BID DUE DATE:

All bid submissions shall be received at the Bureau of Purchase and Property no later than the date and time shown on the transmittal letter of this bid. Submissions received after the date and time specified shall be marked as “Late” and shall not be considered in the evaluation process.

All offers shall remain valid for a period of one hundred eighty (180) days from the bid due date. A vendor’s disclosure or distribution of bids other than to DAS, Bureau of Purchase and Property may be grounds for disqualification.

ADDENDA:

In the event it becomes necessary to add to or revise any part of this bid prior to the scheduled submittal date, the NH Bureau of Purchase and Property shall post on our web site any Addenda. Before your submission and periodically prior to the RFB closing, Vendors are required to check the site for any addenda or other materials that may have been issued affecting the bid. The web site address is:

https://apps.das.nh.gov/bidscontracts/bids.aspx mailto:NH.Purchasing@DAS.NH.Gov mailto:Ryan.M.Godin1@DAS.NH.Gov

Date ________

TIMELINE:

The timeline below is provided as a general guideline and is subject to change. Unless stated otherwise, consider the dates below a “no later than” date.

11/15/2022 Bid Solicitation distributed on or by 11/18/2022 Last day for questions, clarifications, and/or requested changes to bid 11/22/2022 2:00 PM (EST) Bid Closing 12/01/2022 Implementation of Contract

TERMS OF SUBMISSION:

All material received in response to this bid shall become the property of the State and shall not be returned to the Vendor. Regardless of the Vendors selected, the State reserves the right to use any information presented in a bid response. The content of each Vendor’s bid shall become public information once a contract(s) has been awarded.

A responding bid that has been completed and signed by your representative shall constitute your company’s acceptance of all State of New Hampshire terms and conditions and shall legally obligate your company to these terms and conditions.

A signed response further signifies that from the time the bid is published (bid solicitation date and time) until a contract is awarded, no bidder shall offer or give, directly or indirectly, any gift, expense reimbursement, or honorarium, as defined by RSA 15-B, to any elected official, public official, public employee, constitutional official, or family member of any such official or employee who shall select, evaluate, or award the RFB.

Furthermore, a signed response signifies that any terms and/or conditions that may be or have been submitted by the Vendor are specifically null and void and are not a part of this bid invitation or any awarded purchase order, even if said terms and/or conditions contain language to the contrary.

The form P-37 Contract attached hereto shall be part of this bid and the basis for the contract(s). The successful Vendor and the State, following notification, shall promptly execute this contract form, which is to be completed by incorporating the service requirements and price conditions established by the vendor’s offer.

CHAPTER ADM 600 PROCUREMENT AND PROPERTY RULES APPLY TO AND ARE MADE A PART HEREOF.

Complete bids shall be filled out on the original documents and format that are a part of this bid invitation.

Vendors may submit additional paperwork with pricing, but all pricing shall be on the documents provided with this bid invitation and in the State’s format.

CONTRACT TERM:

The term of the contract shall commence on December 1, 2022 or upon approval of the Governor and Executive Council, whichever is later, through November 30, 2025, a period of approximately Three (3) years.

The contract may be extended for up to an additional two (2) years thereafter under the same terms, conditions and pricing structure upon the mutual agreement between the successful Vendor and the State with the approval of the Governor and Executive Council

CONTRACT AWARD:

Award(s) will be made to the responsible Vendor(s) meeting the criteria established in this RFB and providing the lowest total delivered price for each county. There is the potential to award three (3) contracts per county (one gas, one diesel and one biodiesel) should the individual product category pricing be lower than combined pricing for the county. Contracts will be awarded to the Vendor(s) with the lowest total delivered fixed price or index based price per county as stated in the offer section of this solicitation, at the discretion of the State. This decision shall be made during the award process. The State reserves the right not to award locations with fixed prices or any product not deemed in the best interest of the State. The state shall be the sole determining factor in this decision process. The State reserves the right to reject any or all bids or any part thereof and add/delete

Date ________ locations to the contract price. If an award is made it shall be, in the form of a State of New Hampshire Contract(s).

Successful Vendor(s) shall not be allowed to require any other type of order, nor shall the successful Vendor be allowed to require the filling out or signing of any other document by State of New Hampshire personnel.

NOTIFICATION AND AWARD OF CONTRACT(S):

Bid results shall not be given by telephone. For Vendors wishing to attend the bid closing, the names of the vendors submitting responses and pricing shall be made public. Other specific response information shall not be given out. Bid results shall be made public after final approval of the contract(s).

Bid results may also be viewed on our website at https://apps.das.nh.gov/bidscontracts/bids.aspx.

For Vendors wishing to attend the bid closing: Names of the Vendors submitting responses and pricing shall be made public. In lieu of in person public bid openings the State shall conduct openings via electronic means until further notice.

LIABILITY:

The State shall not be held liable for any costs incurred by Vendors in the preparation of bids or for work performed prior to contract issuance.

PUBLIC DISCLOSURE OF BID OR PROPOSAL SUBMISSIONS:

Generally, the full contents of any bid or proposal (including all materials submitted in connection with it, such as attachments, exhibits, addenda, and vendor presentations) become public information upon completion of final contract or purchase order negotiations with the selected vendor. Certain information concerning bids or proposals, including but not limited to pricing or scoring, is generally available to the public even before this time, in accordance with the provisions of NH RSA 21-G: 37.

To the extent consistent with applicable state and federal laws and regulations, as determined by the State, including, but not limited to, NH RSA Chapter 91-A (the “Right-to-Know” Law), the State shall, after final negotiations with the selected vendor are complete, attempt to maintain the confidentiality of portions of a bid or proposal that are clearly and properly marked by a bidder as confidential. Any and all information contained in or connected to a bid or proposal that a bidder considers confidential shall be clearly designated in the following manner:

If the bidder considers any portion of a submission confidential, they shall provide a separate copy of the full and complete document, fully redacting those portions by blacking them out and shall note on the applicable page or pages of the document that the redacted portion or portions are “confidential.” Use of any other term or method, such as stating that a document or portion thereof is “proprietary”, “not for public use”, or “for client’s use only”, is not acceptable. In addition to providing an additional fully redacted copy of the bid submission to the person listed as the point of contact on Page one (1) of this document, the identified information considered to be confidential must be accompanied by a separate letter stating the rationale for each item designated as confidential. In other words, the letter must specifically state why and under what legal authority each redaction has been made. Submissions which do not conform to these instructions by failing to include a redacted copy (if required), by failing to include a letter specifying the rationale for each redaction, by failing to designate redactions in the manner required by these instructions, or by including redactions which are contrary to these instructions or operative law may be rejected by the State as not conforming to the requirements of the bid or proposal. The State will generally assume that a bid or proposal submitted without an additional redacted copy contains no information which the bidder deems confidential. Bids and proposals which contain no redactions, as well as redacted versions of submissions that have been accepted by the State, may be released to the public, including by means of posting on State web sites.

The State shall have no obligation to maintain the confidentiality of any portion of a bid, proposal or related material, which is not marked in accordance with the foregoing provisions. It is specifically understood and agreed that the bidder waives any claim of confidentiality as to any portion of a response to this RFB or RFP that is not marked as indicated above, and that unmarked (or improperly marked) submissions may be disseminated to any person, without limitation. Marking an entire bid, proposal, attachment or full sections thereof confidential without taking into consideration the public’s right to know shall neither be accepted nor honored by the State.

Date ________

Notwithstanding any provision of this request for submission to the contrary, proposed pricing shall be subject to public disclosure REGARDLESS of whether or not marked as confidential.

If a request is made to the State by any person or entity to view or receive copies of any portion of a proposal and if disclosure is not prohibited under NH RSA 21-G:37 or any other applicable law or regulation, bidders acknowledge and agree that the State may disclose any and all portions of the proposal or related materials which is not marked as confidential. In the case of bids, proposals or related materials that contain portions marked confidential, the State shall assess what information it believes is subject to release; notify the bidder that the request has been made; indicate what, if any, portions of the proposal or related material shall not be released; and notify the bidder of the date it plans to release the materials. The State is not obligated to comply with a bidder’s designation regarding confidentiality. The State shall have no obligation to advise a bidder that an individual or entity is attempting to electronically access, or has been referred to, materials which have been made publicly available on the State’s web sites.

By submitting a bid or proposal, the bidder agrees that unless it obtains and provides to the State, prior to the date specified in the notice described in the paragraph above, a court order valid and enforceable in the State of New Hampshire, at its sole expense, enjoining the release of the requested information, the State may release the information on the date specified in the notice without any liability to the bidder.

Notwithstanding NH RSA 91-A:4, no information shall be available to the public, or to the members of the general court or its staff concerning specific responses to this bid invitation from the time this bid is published until the closing date for responses.

TERMINATION:

The State of New Hampshire shall have the right to terminate the contract at any time with written notice to the successful Vendor a thirty (30) day written notice.

VENDOR CERTIFICATIONS:

All Vendors shall be duly registered as a vendor authorized to conduct business in the State of New Hampshire.

STATE OF NEW HAMPSHIRE VENDOR APPLICATION: Prior to bid award, Vendors shall have a completed

VENDOR CERTIFICATIONS:

All Vendors shall be duly registered with the NH Bureau of Purchase and Property as State of New Hampshire vendors. All Vendors that are corporations, limited liability companies, or other limited liability business entities (this excludes sole proprietors and general partnerships) shall be duly registered with the New Hampshire Secretary of State to conduct business in the State of New Hampshire.

• STATE OF NEW HAMPSHIRE VENDOR APPLICATION: To be eligible for a contract award, a Vendor must have a completed Vendor Application Package on file with the NH Bureau of Purchase and Property. See the following website for information on obtaining and filing the required forms (no fee:

https://DAS.NH.Gov/Purchasing

• NEW HAMPSHIRE SECRETARY OF STATE REGISTRATION: To be eligible for a contract award, a Vendor that is a corporation, limited liability company, or other limited liability business entity (this excludes sole proprietors and general partnerships) must be registered to conduct business in the State of New Hampshire AND in good standing with the NH Secretary of State. Please visit the following website to find out more about the requirements for registration with the NH Secretary of State: https://sos.nh.gov/corporation-division/

• CONFIDENTIALITY & CRIMINAL RECORD: If Applicable, any employee or approved subcontractor of the Vendor who will be accessing or working with records of the State of New Hampshire shall be required to sign a Confidentiality and Non-Disclosure Agreement and a Release of Criminal Record Authorization Form. These forms shall be returned to the designated State agency prior to commencing any work.

https://das.nh.gov/Purchasing https://sos.nh.gov/corporation-division/

Date ________

• CERTIFICATE OF INSURANCE:

Prior to being awarded a contract the Vendor shall be required to submit proof of comprehensive general liability insurance coverage prior to performing any services for the State. The coverage shall insure against all claims of bodily injury, death or property damage in amounts of not less than $1,000,000 per occurrence and $2,000,000 aggregate. Coverage shall also include State of New Hampshire workers’ compensation insurance to the extent required by RSA Chapter 281-A.

BID PRICES:

Bid prices must be per gallon, in US dollars not to exceed 4 decimal places, and must include delivery and all other costs required by this bid invitation. Bid prices should result in prices that are no higher than those charged to the bidder’s best/preferred customer. Special charges, surcharges, or fuel charges of any kind (by whatever name) may not be added on at any time. Any and all charges must be built into your offered prices at the time of the bid. Vendors are allowed to pass on any discounts to the State of New Hampshire. Any invoices with pricing lower than the awarded bid price shall be considered a discount.

Per Administrative Rule 606.01(e) “if there is a discrepancy between the unit price and the extension price in a response to an RFP, RFB or RFQ, the unit price shall be binding upon the vendor”.

Price decreases shall become effective immediately as they become effective to the general trade

FEES AND TAXES:

Any and all relevant fees and taxes that are in place at the time of the bid offer will be included in the pricing offered by the vendor. This includes any environmental, superfund, transportation or excise tax or fees, which the vendor may be deemed responsible. The State will allow increases or require decreases in the posted markup and transportation cost equal to the value of the fee or tax if such increases or decreases occur after the award of the contract and are instituted by the State or federal government. No increases in the posted mark-up and transportation cost will be allowed without the prior written approval from the Administrator of the Bureau of Purchase and Property. The State of New Hampshire Department of Administrative services shall provide a Certificate of Exemption with respect to the States purchases to the awarded bidder in support of a claim for credit or payment under section 6427 of the Internal Revenue Code in the form attached hereto. The supplied exemption certificate shall not apply to those Political sub-divisions, school buses, qualified local buses or other qualified entities that choose to “participate” under the RSA 21-I provision. These entities are solely responsible for their association with the successful Vendor(s) and shall supply exemption certificates as applicable.

AUDITS AND ACCOUNTING:

The successful Vendor shall allow representatives of the State of New Hampshire to have complete access to all records for the purpose of determining compliance with the terms and conditions of this bid invitation and in determining the award and for monitoring any resulting contract.

At intervals during the contract term, and prior to the termination of the contract, the successful Vendor may be required to provide a complete and accurate accounting of all products and quantities ordered by each agency and institution and by political sub-divisions and authorized non-profit organizations.

ESTIMATED USAGE:

The quantities indicated in the offer section of this bid invitation are an estimate only for the State of New Hampshire's annual requirements. These quantities are indicated for informational purposes only and shall not be considered minimum or guaranteed quantities, nor shall they be considered maximum quantities. These quantities do not include any eligible participant usage.

USAGE REPORTING:

CONTRACT CONSUMPTION – TRACKING / REPORTING:

The successful bidder(s) shall submit consumption reports on a monthly basis to the Purchasing Agent and DOT – Fuel Distribution. The consumption report shall include transaction history for the previous month and in total since contract inception. The reports shall be received no later than the 10th day of the month for the previous month’s activity. The report shall include the following data at a minimum:

County Delivery Agency Physical location with Tank ID (if available) Date of delivery Gallons delivered Product type Total gallons delivered to date by product, delivery type (TT/PT) per county

Reports shall be emailed to: Brian Pike - Fuel Distribution Manager DOT – Bureau of Fuel Distribution Email: Brian.Pike@dot.nh.gov

AND: Ryan Godin– Purchasing Agent Bureau of Purchase and Property Ryan.M.Godin1@das.nh.gov

Quarterly Usage Reporting:

The successful Vendor shall be required to submit a quarterly and annual usage report for analysis for each state agency or eligible participant. Reports are due no later than 30 days after the end of each calendar quarter to The Bureau of Procurement & Support Services, Ryan Godin and sent electronic to Ryan.M.Godin1@DAS.NH.Gov. At a minimum, the Report shall include:

• Contract Number

• Utilizing Agency and Eligible Participant

• Services/Products Purchased (showing the manufacturer, item, part number, and the final cost.)

• Recycling documentation with respect to content used in the manufacture, development and distribution process of goods and services sold. This report shall include but not be limited to:

o Percentage of recycled materials contained within finished products o Percentage of waste recycled throughout the manufacturing process o Types and volume of packaging used for transport o Any associated material avoided and/or recycled as applicable under contract o A standardized reporting form will be provided after contract award

• Total Cost of all Services/Products Purchased. Ability to sort by agency/eligible participant.

• Preferred in Excel format

ESTABLISHMENT OF ACCOUNTS:

Each State of New Hampshire agency shall have its own individual customer account number. There may also be instances where divisions or bureaus within an agency will need their own individual customer account numbers.

Should any State of New Hampshire agency place an order under the contract, the successful Vendor agrees to establish an account within three business days from the date the order is placed. However, there shall be no delay in any shipment; the agency shall receive the items ordered in accordance with the delivery time required under this bid invitation, as if an account already exists for the agency.

ELIGIBLE PARTICIPANTS:

Political sub-divisions (counties, cities, towns, school districts, special district or precinct, or any other governmental organization), or any nonprofit agency under the provisions of section 501c of the federal internal revenue code, are eligible to participate under this contract whenever said sub-division or nonprofit agency so desires. These entities are autonomous and may participate at their sole discretion. In doing so, they are entitled to the prices mailto:Brian.Pike@dot.nh.gov mailto:Ryan.M.Godin1@das.nh.gov mailto:Ryan.M.Godin1@DAS.NH.Gov

Date ________ established under the contract. However, they are solely responsible for their association with the successful Vendor.

The State of New Hampshire assumes no liability between the successful Vendor and any of these entities.

PAYMENT:

Payment method (P-Card or ACH). Payments shall be made via ACH or Procurement Card (P-card = Credit Card) unless otherwise specified by the state of New Hampshire. Use the following link to enroll with the State Treasury for ACH payments: https://www.nh.gov/treasury/state-vendors/index.htm Eligible participants shall negotiate their own payment methods with the successful Vendor.

INVOICING:

Invoices shall be submitted to the corresponding State agency after completion of work/acceptance of delivery.

TERMS OF PAYMENT:

Payment shall be made in full within thirty (30) days after receipt of the invoice and acceptance of the corresponding goods and/or services to the State’s satisfaction.

VENDOR RESPONSIBILITY:

The successful Vendor shall be solely responsible for meeting all terms and conditions specified in the bid, and any resulting contract.

All State of New Hampshire bid invitations and addenda to such bid invitations are advertised on our website at: https://apps.das.nh.gov/bidscontracts/bids.aspx

It is a prospective Vendor’s responsibility to access our website to determine any bid invitation under which the Vendor desires to participate. It is also the Vendor’s responsibility to access our website for any posted addenda.

The website is updated several times per day; it is the responsibility of the prospective Vendor to access the website frequently to ensure that no bidding opportunity or addendum is overlooked.

It is the prospective Vendor’s responsibility to forward a signed copy of any addendum requiring the Vendor’s signature to the Bureau of Purchase and Property with the bid response.

In preparation of a bid response, the prospective Vendor shall:

• Provide pricing information as indicated in the “Offer” section; and

• Provide all other information required for the bid response (if applicable); and

• Complete the “Vendor Contact Information” section; and

• Add applicable prospective Vendor information to the “Transmittal Letter” form, and sign the form in the space provided. The Transmittal Letter form must be signed under oath and acknowledged by a notary public or justice of the peace in order for the bid response to be considered.

It is the responsibility of the Vendor to maintain this any awarded contract and New Hampshire Vendor Registration with up to date contact information.

Contract specific contact information (Sales contact, Contractor contract manager, etc.) shall be sent to the State’s Contracting Office listed in Box 1.9 of Form P-37.

Additionally, all updates i.e., telephone numbers, contact names, email addresses, W9, tax identification numbers are required to be current through a formal electronic submission to the Bureau of Purchase and Property at:

https://das.nh.gov/purchasing/vendorregistration/(S(q0fzcv55qhaeqs45jpyq5i45))/welcome.aspx

IF AWARDED A CONTRACT:

The successful Vendor shall complete the following sections of the attached Agreement State of New Hampshire Form #P-37:

Section 1.3 Contractor Name https://www.nh.gov/treasury/state-vendors/index.htm https://das.nh.gov/purchasing/vendorregistration/(S(q0fzcv55qhaeqs45jpyq5i45))/welcome.aspx

Date ________

Section 1.4 Contractor Address Section 1.11 Contractor Signature Section 1.12 Name & Title of Contractor Signatory (if Vendor is not a sole proprietor)

• Provide certificate of insurance indicating the coverage amounts required by Section 14 of the Form

Number P-37.

• Provide proof of sufficient workers’ compensation insurance coverage or evidence of exemption from

RSA Chapter 81-A.

• If the successful Vendor is a corporation, limited liability company, or other limited liability business entity, then provide a certificate of good standing issued by the NH Secretary of State or, for a newly incorporated, formed, or registered entity, a copy of the appropriate registration document certified by the NH Secretary of State.

SPECIFICATION COMPLIANCE:

Vendor's offer shall meet or exceed the required specifications as written. The State of New Hampshire shall be the sole determining factor of what meets or exceeds the required specifications.

Successful bidder(s) at their sole expense shall furnish, upon request by a using agency, an analysis from an approved laboratory of the fuel delivered to any State location.

PRODUCT TESTING:

The State reserves the right to test any product delivered to any of the fuel locations stated within this bid, or any locations added to the resulting contract over its term, for compliance to the product ordered or the specifications and standards herein. If the results of any such test performed determine that the product sold, furnished and delivered to any State location, does not meet the specifications of the product ordered or the specifications and standards established by the State of New Hampshire and/or the Federal Government, the vendor responsible for the error will be reported to the NH Department of Environmental Services and held responsible for removing the incorrect product from the delivery location, cleaning of the tank if necessary, delivering the correct product and paying all charges associated with the error including the testing procedure. While the error conditions exist, the State reserves the right to purchase said fuel elsewhere charging any additional cost to the original vendor. The vendor responsible for the error would also be subject to the relative “default” conditions as stated in the Terms and Conditions section of this bid.

A. GASOLINE SPECIFICATIONS:

During the term of the contract, State agencies shall order REFORMULATED UNLEADED REGULAR AND /

OR CONVENTIONAL UNLEADED REGULAR GASOLINE.

1. The minimum octane number of regular unleaded gasoline supplied under this contract shall be 87.

2. Octane to be determined by the following method: R & M R = RESEARCH

2 M = MOTOR METHOD

3. Specifications for reformulated or conventional gasoline are attached hereto. Supplied product(s) will meet specifications as written, or the most recent revised ASTM specification.

4. Reformulated unleaded regular gasoline SHALL meet the attached specifications for reformulated unleaded regular fuel, Grades F2, 2F.

5. Conventional unleaded regular gasoline SHALL meet the attached specifications for conventional unleaded regular fuel, Grades A1, 1A.

SPECIAL CONDITIONS

If at any time during this contract or any extension thereof, the State of New Hampshire is no longer required to purchase reformulated unleaded regular gasoline for the counties of Merrimack, Strafford, Rockingham and Hillsborough, the tank locations within those counties may revert to the purchase of conventional unleaded regular gasoline and the existing specifications and pricing format for conventional unleaded regular gasoline shall apply.

Date ________

Reformulated (R) unleaded regular gasoline may be substituted for conventional unleaded regular gasoline for the locations requiring conventional (C) unleaded regular gasoline. Vendor(s) may offer pricing for Reformulated unleaded regular gasoline to be utilized in place of conventional unleaded regular gasoline (SEE BID OFFER SECTION on page 20).

B. ULTRA LOW SULFUR DIESEL – PREMIUM ON-ROAD SPECIFICATIONS:

During the term of the contract, State agencies shall order ULTRA LOW SULFUR DIESEL - PREMIUM ON ROAD FUEL. Bidder shall be required to utilize both specifications to produce the required product they are offering.

SPECIFICATION - ULTRA LOW SULFUR DIESEL

The Premium Ultra Low Sulfur #2 blend stock, i.e. premium ultra-low sulfur diesel fuel supplied shall meet ASTM D975-17, grade No. 2-D S15 specifications, or the most recent revised specification.

SPECIFICATION - PREMIUM (ADDITIVE) ON ROAD FUEL REQUIREMENTS

In addition to the ultra-low sulfur diesel specifications stated within, this bid shall also require the following “premium” characteristics. These characteristics shall be adopted and included in the ultra-low sulfur component of the premium ultra-low diesel delivered.

Premium Ultra Low Diesel Fuel - All diesel fuels identified on retail dispensers, bills of lading, invoices, shipping papers, or other documentation with terms such as premium, super, supreme, plus, or premier must conform to the following requirements:

1. Cetane Number - A minimum cetane number of 45.0 or as determined by the most recent ASTM

Standard Test Method D613.

2. Low Temperature Operability - A cold flow performance measurement which meets the most recent ASTM D 975-17 tenth percentile minimum ambient air temperature charts and maps for New Hampshire by either the most recent ASTM Standard Test Method D 2500 (Cloud Point), or most recent ASTM Standard Test Method D 4539 (Low Temperature Flow Test, LTFT). Low temperature operability is only applicable October 1 through March 31 of each year.

3. Thermal Stability - A minimum reflectance measurement of 80% or as determined by the most recent ASTM Standard Test Method D6468 (180 min, 150 °C).

4. Lubricity - A maximum wear scar diameter of 520 microns or as determined by the most recent ASTM D6079.

ULTRA LOW SULFUR DIESEL PREMIUM ON ROAD FUEL PROGRAM – TEMPURATURE PROTECTION (ALL DOT FUEL

DISTRIBUTION LOCATIONS):

The following cloud points will apply for all awarded locations as specified. These guidelines are the minimum protection cloud points required. All winter premium fuel deliveries shall meet or exceed the cloud point requirements as stated below unless superseded by requirements stated at time of order.

• October 1st to December 14th – ULTRA LOW SULFUR DIESEL - PREMIUM ON ROAD FUEL winter diesel with temperature protection characteristics that meet or exceed +8° F cloud points.

• December 15th to March 31st – ULTRA LOW SULFUR DIESEL - PREMIUM ON ROAD FUEL winter diesel with temperature protection characteristics that meet or exceed -5° F cloud points

PRODUCT COMPLIANCE DOCUMENTATION – SULFUR CONTENT

In compliance with State of New Hampshire Department of Environmental Services ENV-A-1607.01 or most recent revision, Awarded vendors shall be required to supply a statement of compliance with regard to the sulfur content of the diesel fuel products delivered to the State of New Hampshire. The Statement shall be on company letterhead and read: “the sulfur content of the fuel as delivered does not exceed the state or federal standard for that fuel” and signed by a duly authorized agent of that company. These documents shall be kept on file with the bid offers for the term of the contract. The

Date ________ state currently maintains a list of these documents on file and after the bid award process has been completed, the State will notify any awarded vendor to supply the required document if it is not previously on file.

DELIVERY POLICY, PROCEDURES, REQUIREMENTS

DELIVERY:

State agencies shall contact the successful vendor(s) and coordinate deliveries. All deliveries shall be made in accordance with the following requirements:

1. Deliveries shall be made within 48 hours after receipt of order, regardless of method of delivery. Weekends and holidays are NOT exempt from the stated delivery schedule and it is understood that bidders are a 365-day delivery operation. The use of a private carrier to make delivery does not relieve the successful bidder from the responsibility of meeting the delivery requirement. Requesting agency and contractor may pre -arrange deliveries beyond the 48 hour requirement to suit delivery needs, at the mutual agreement of contractor and requesting agency.

2. DIPPING TANKS - State agencies require all vendors to have their delivery personnel dip tanks before and after deliveries and note said readings on delivery slips. Dip stick readings will be accurate within 1/8” inch per State of New Hampshire Department of Environmental Services Oil and Remediation Program Rule “Env-Or 406.03” or the most recent revision.

3. DELIVERY SLIP / BOL - All deliveries shall include a bill of lading and delivery slip. Delivery Slip and BOL Requirements are stated further within the delivery policy of this solicitation. Failure to leave delivery documentation at each delivery site may result in delayed payment(s) for said deliveries.

4. SPILLS/ OVERFILLS - Most underground tanks are equipped with 4" tight fill adapters. Delivery trucks should be equipped with appropriate hardware to seal delivery-lines to prevent over-fills and/or spills. Should a spill occur during delivery, or should vendor deliver the wrong product to tank(s), the vendor assumes all responsibility and liability for the spill, clean-up and/or cleaning of tank and the delivery driver shall report the incident to onsite agency personnel immediately.

5. OVERFILLS - Delivery personnel shall unload product at a reasonable pace and rate to allow the overfill protection device (flapper valve) to perform its function. Over filling of the tank will require the vendor to return to the site, pump out the overfill and clean out the manhole. All costs associated with correcting the overfill will be the vendors sole responsibility. Violations of this requirement shall be reported to the State of New Hampshire Department of Environmental Services.

6. The requesting agency will do everything possible to prevent over ordering, although if a tank is unable to take the full amount ordered, the ordering agency will attempt to place the fuel at another location where said vendor has a contract at no additional cost to the State.

7. EMERGENCIES - Bidder further agrees to deliver in less time in case of emergencies to the best of its ability. If delivery requirements are not met, the buyer reserves the right to purchase elsewhere, charging any additional costs back to the original vendor.

8. The State reserves the right to make additions or deletions to the list of delivery points and to increase or decrease the estimated quantity of fuel, as it may deem necessary, during the contract period.

9. The use of a private carrier to make deliveries does not relieve the successful vendor(s) from the responsibility of meeting the delivery requirements stated herein.

10. Successful vendor(s) may utilize other distributors for supply and/or delivering Premium Ultra Low Sulfur Diesel or Gasoline, with prior written approval from the Administrator of the Bureau of Purchase and Property.

Such approval will not warrant any increase in the State’s purchasing price.

11. Successful vendor(s) guarantees to be the base supplier if necessitated by imposition of the State of federal allocation plans.

12. Successful vendor(s) is responsible for replacement of any State property that is damaged by their employees.

DELIVERY - TANK CONTAMINATION:

If a vendor delivers a fuel product to the wrong tank and that delivery causes contamination between 2 different products (IE diesel fuel and gasoline etc.), the vendor shall take the following steps to correct the situation:

1. The vendor that delivered the product to the wrong tank shall contact the agency owning the fuel tank to convey the situation as soon as the vendor becomes aware of the situation

2. The Vendor shall then pump out the total contents of the contaminated tank, both existing product and the newly delivered product

3. It shall be the vendors responsibility and cost to properly dispose of the contaminated fuel

4. The vendor shall clean the tank

5. The vendor shall replace the total volume of the product pumped out charging the state for only the original volume requested to be delivered

6. The vendor shall be physically and financially responsible for the pumping, cleaning and replacing of the fuel product

7. The vendor shall work without delay to remedy the error so the fuel tank may be put back in service ASAP.

DELIVERY - SAFETY REQUIREMENTS AND PROCEDURES:

All fuel delivery personnel will adopt the following safety procedures when making deliveries to any State site:

1. Exercise caution when maneuvering to avoid damage to containment walls

2. Inspect tank, fittings and liquid level indicator prior to filling

3. Place drip pans under all hose fittings prior to loading or unloading

4. Block truck wheels before starting to load or unload

5. Remain with the vehicle while loading or unloading

6. Drain loading or unloading line to storage tank when loading or unloading is complete

7. Verify that all drain valves are closed before disconnecting loading or unloading lines

8. Inspect vehicle before departure to be sure all loading or unloading lines have been disconnected & closed

9. Immediately report any leakage or spillage to the onsite personnel.

10. In a case where the leak, spill or overfill takes place at a DOT fuel distribution location, in addition to reporting the incident to onsite personnel, delivery personnel will contact said agency immediately @ 603-271-6862 (24/7/365).

11. Delivery personnel will shut off all electrical devices (cellular phones, pagers, etc.) while unloading product.

12. Delivery personnel shall clean the manhole and/or spill containment devices (i.e., spill bucket) of any product they may have spilled during delivery.

DELIVERY SLIPS:

Delivery slips shall be left at each delivery location. Delivery slip shall indicate all data stated below, at a minimum:

1. The quantity of product delivered

2. Description of product delivered

3. Date of delivery

4. Tank I.D. number (if available)

5. Delivery location, agency and physical address

6. Delivery driver shall make reasonable effort to obtain signature by agency or interested party; if no one is available to sign, driver shall sign delivery slip to include date and time

7. Dip reading both before and after delivery, measured in inches

8. Inches of water in tank before after delivery

9. Drivers signature

10. Truck Number

11. Bill of lading #

12. Consignee name and address

BILL OF LADING:

The Bill of Lading (BOL) included with the delivery slip shall provide the following information, at a minimum:

1. The quantity of product delivered in gallons, (GROSS & NET)

2. Driver Name

3. Bill of Lading Number

4. Description of product lifted

− For On-Road Premium Ultra Low Sulfur Diesel description shall include terminology that signifies the product lifted is “premium”

5. Product temperature

6. Product gravity

7. If drop is a split load, hand written information indicating where the remaining fuel went

8. Product code equating to the description of the product lifted.

9. Date of product lifted

10. Terminal name, address and telephone

11. Carrier name lifting product from terminal

12. Consignee name and address

SOLICITATION PRICING FORMATS: APPLIES TO ALL PRODUCT CATEGORIES

INDEX BASED FORMAT - consists of 2 components:

Index: Price of the product, on the date of delivery, as provided by the OPIS “Oil Price Daily” posting. See “Index Pricing Reference” Section below for Oil Price Daily posting per product.

Mark-up: Cost added to index to cover vendor’s costs and profit. Mark-up shall be based per gallon and is not to exceed 4 places to the right of decimal (example $0.0125).

1. Bidder(s) shall offer a mark-up price per gallon for the county they are bidding on that shall remain firm for the contract term specified, unless the State exercises the lock price option.

2. The mark-up price shall be based on the “ESTIMATED” volume stated for the product being bid and price shall include all taxes, fees, delivery cost and all other charges.

3. Thereafter, bidder(s) will base their pricing during the term of the contract on the “Oil Price Daily” price on the date of delivery, plus mark-up.

4. Mark-up prices bid by the successful bidder(s) shall remain firm for the product category for the term of the contract and any extension thereof and shall include delivery and all other charges, unless the State exercises the lock price option.

5. Fuel price postings may increase or decrease during the term of the contract in accordance with the “Oil Price Daily” postings. Mark-up prices offered by the bidder shall be added to the index price posted for the date of delivery to achieve the total price per gallon for the product delivered.

INDEX PRICING REFERENCE:

A. REFORMULATED GASOLINE:

Bidder(s) must offer mark-ups for gasoline fuel based on the UNBRANDED Boston, MA LOW price as posted in the Unleaded Regular 87 Octane column of the Gasoline Prices section of the OPIS “Oil Price Daily,” in effect on the date of delivery. See enclosed sample dated 11/09/22 ($2.8659was the low post for Boston, MA).

B. CONVENTIONAL GASOLINE:

Bidder(s) must offer mark-ups for gasoline fuel based on the UNBRANDED New York, NY LOW price as posted in the Unleaded Regular 87 Octane column of the Gasoline Prices section of the OPIS “Oil Price Daily,” in effect on the date of delivery. See enclosed sample dated 11/09/22 ($2.9341 was the low post for New York, NY).

C. ADDITIVE PREMIUM ULTRA LOW SULFUR DIESEL (ON-ROAD):

Bidder(s) must offer mark-ups for diesel fuel based on the Portsmouth, NH ULSD PREM. LOW price as posted in the Daily Petroleum Prices section of the OPIS “Oil Price Daily”, in effect on the date of delivery. See enclosed sample dated 11/09/22 ($4.9449 was the low post for ULSD PREM).

INDEX BASED PRICING VERIFICATION:

Agencies shall verify pricing from “Oil Price Daily” through the Bureau of Purchase and Property. Please contact Ryan Godin at (603)271-3146 or Ryan.M.Godin1@das.nh.gov for assistance.

STATE OPTION FOR CONTRACT CONVERSION FROM INDEX BASED FORMAT TO “LOCK” FIXED PRICE At any point during the term of any contract(s) issued from this solicitation & in the States opinion, if the market is in a favorable position, the State may choose to “lock” a fixed price per gallon for an amount of gallons that is approximate to the usage over a certain period of time (ex. 12 months diesel usage). If this option is exercised the following parameters shall apply:

THE STATE SHALL, HAVE, BE OR PROVIDE

1. The State shall provide awarded vendor(s) with a lock price or range at its discretion.

2. The state may change the “lock” price or range in accordance with budget limitations OR anticipated market direction at its discretion.

3. Any change in the States “lock” price range would be communicated via email on a “contract fixed price lock option document”.

4. If the state should exercise the lock option, it would lock for a minimum usage over the period of one (1) year starting on the date of the lock.

5. The fixed price lock agreement shall commence on deliveries effective the date both parties (state and vendor) sign the contract fixed price lock option document.

6. If or when the market provides the “lock” price, the vendor shall…