bid_2892_24.pdf

Contractor Initials_______

Date___________

STATE OF NEW HAMPSHIRE TRANSMITTAL LETTER

Date: ___________________

Company Name: ___________________________________________

Address: _________________________________________________

To: Point of Contact: C. Ryan Fuller Telephone: (603)-271-2201 Email: NH.Purchasing@das.nh.gov

RE: Bid Invitation Name: B-20 with B-5 Option Biodiesel Fuel Supply and Delivery Bid Number: 2892-24 Bid Posted Date (on or by): 3/15/2024 Bid Closing Date and Time: 4/10/2024 10:00 AM (EST) Dear C. Ryan Fuller, [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 # 2892-24 for B-20 with B-5 Option Biodiesel Fuel Supply and Delivery 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.

This document shall be signed by a person who is authorized to legally obligate the responding vendor. A signature on this document indicates that all State of New Hampshire terms and conditions are accepted by the responding vendor and that any and all other terms and conditions submitted by the responding vendor are null and void, even if such terms and conditions have terminology to the contrary. The responding vendor shall also be subject to State of New Hampshire terms and conditions as stated on the reverse of the purchase order.

Authorized Signor’s Signature ___________________________________ Authorized Signor’s Title __________________________________ mailto:NH.Purchasing@das.nh.gov

Form P37-A

REQUEST FOR BID FOR B-20 WITH B-5 OPTION BIODIESEL FUEL SUPPLY AND DELIVERY FOR

THE STATE OF NEW HAMPSHIRE

PURPOSE:

The purpose of this bid invitation is to establish a contract for supply and delivery of B-20 with B-5 Option Biodiesel Fuel 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 email to C. Ryan Fuller at christopher.r.fuller@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.

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.

3/15/2024 Bid Solicitation distributed on or by 4/8/2024 Last day for questions, clarifications, and/or requested changes to bid 4/10/2024 10:00 AM (EST) Bid Closing 9/1/2024 Implementation of Contract mailto:NH.Purchasing@DAS.NH.Gov mailto:christopher.r.fuller@das.nh.gov https://apps.das.nh.gov/bidscontracts/bids.aspx

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 September 1, 2024, or upon approval by the Commissioner of the Department of Administrative Services, or upon approval of the Governor and Executive Council, whichever is later, through August 31, 2026, a period of approximately two (2) years.

The contract may be extended for up to an additional three (3) one-year extensions 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 Commissioner of the Department of Administrative Services or Governor and Executive Council. The maximum term of the contract (including extensions) shall not exceed five (5) year.

CONTRACT AWARD:

The award shall be made to the Vendor meeting the criteria established in this RFB and providing the lowest cost in total. The State reserves the right to reject any or all bids or any part thereof and add/delete items/locations to the contract. The award shall be in the form of a State of New Hampshire Contract.

Successful Vendor 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 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 proposals, including but not limited to scoring, is generally available to the public even before this time, in accordance with the provisions of NH RSA 21-G:37.

Confidential, commercial or financial information may be exempt from public disclosure under RSA 91-A:5, IV. 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. Marking or designating an entire proposal, attachment or section as confidential shall neither be accepted nor honored by the State. 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.

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, the State will 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 be released; and notify the Bidder of the date it plans to release the materials. To halt the release of information by the State, a Bidder must initiate and provide to the State, prior to the date specified in the notice, a court action in the Superior Court of the State of New Hampshire, at its sole expense, seeking to enjoin the release of the requested information.

By submitting a proposal, Bidders acknowledge and agree that:

• The State may disclose any and all portions of the proposal or related materials which are not marked as confidential and/or which have not been specifically explained in the letter to the person identified as the point of contact for this RFP;

• The State is not obligated to comply with a Bidder’s designations regarding confidentiality and must conduct an independent analysis to assess the confidentiality of the information submitted in your proposal; and

• The State may, unless otherwise prohibited by court order, release the information on the date specified in the notice described above without any liability to a Bidder.

TERMINATION:

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

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 https://das.nh.gov/Purchasing

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.

• 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 shall remain firm for the entire contract period and shall be in US dollars and shall include delivery and all other costs required by this bid invitation. Special charges, surcharges (including credit card transaction fees), or fuel charges of any kind (by whatever name) may not be added on at any time. Any and all charges shall be built into your bid price at the time of the bid. Unless otherwise specified, prices shall be F.O.B. DESTINATION, (included in the price bid), which means delivered to a state agency's receiving dock or other designated point as specified in this contract or subsequent purchase orders without additional charge. Shipments shall be made in order to arrive at the destination at a satisfactory time for unloading during receiving hours.

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.

Updated Published Price List MUST be e-mailed to christopher.r.fuller@das.nh.gov.

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:

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 each end of each calendar quarter to C. Ryan Fuller at The Bureau of Procurement & Support Services and sent electronic to christopher.r.fuller@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.

• In Excel format https://sos.nh.gov/corporation-division/

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 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:

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:

It will be the responsibility of the Contractor to see that all invoices are complete and priced accurately per the terms, conditions, and format of the contract bid. Inaccurate or incomplete invoices will be returned to the Contractor with a request for a new accurate and complete invoice. The State will make all efforts to pay all accurate and complete invoices within the payment term stated within this contract; however, errors within the original invoice will relieve the State of the original net-30 term time frame for payment.

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

The Vendor shall render separate invoices for each delivery to the State department or agency to which delivery is made. Vendors may email invoices to the remit address, but it will be the Vendor’ responsibility to obtain the proper email address from the remit address prior to electronic delivery. Invoices shall indicate all data stated below:

• The quantity delivered

• Description of product delivered

• Date of delivery*

• Dip stick reading both before and after delivery**

• Tank ID number if available

• Delivery location, agency, and physical address

• Contract price per gallon as stated in the offer section***

• Contractor cash discount for early paid invoices if applicable

*Delivery date is defined as the date when the full delivery has been pumped and the invoice is filled out; not prior to pumping.

**Dip stick readings will be accurate within 1/8” per State of New Hampshire Chapter ENV-Or 400 Underground Storage Facilities regulations, as revised and/or renumbered.

***Either fixed price or index plus mark-up.

INVOICES FOR DELIVERIES ON WEEKENDS OR HOLIDAYS – APPLIES TO ALL PROCUREMENT FORMATS When deliveries are required on weekends, (between 12:01 am Saturday and 12:00 pm midnight Sunday) invoices for those delivery dates will be calculated against the posted Oil Price Daily / OPIS price on the previous Friday. If deliveries occur on a holiday that falls in the middle of the week (EX: Thanksgiving is observed on a Thursday), invoices for those delivery dates will be calculated against the posted price on the previous business day.

The following is a list of State observed holidays:

• New Years Day

• Martin Luther King Day

• Presidents Day

• Memorial Day

• Independence Day

• Labor Day https://www.nh.gov/treasury/state-vendors/index.htm https://www.nh.gov/treasury/state-vendors/index.htm

• Veterans Day

• Thanksgiving Day

• Day after Thanksgiving

• Christmas Day

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

• Complete the company information on the “Transmittal Letter” page, and sign under penalty of unsworn falsification in the space provided on that page.

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://www.das.nh.gov/purchasing/vendorresources.aspx.

IF AWARDED A CONTRACT:

The successful Vendor shall complete the following sections if awarded a contract of the Agreement State of New Hampshire Form #P-37 see Appendix A (sample):

Section 1.3 Contractor Name 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.

Unless otherwise specified by the Bureau of Purchase and Property in this bid invitation document, all equipment/items offered by the Vendor shall be new (and of the current model year, if applicable); shall not be used, rebuilt, refurbished; shall not have been used as demonstration equipment, and shall not have been placed anywhere for evaluation purposes.

SPECIFICATIONS:

Complete product specifications required are listed below. In responding to the bid invitation, the prospective Vendor shall address all requirements for information as outlined herein.

https://www.das.nh.gov/purchasing/vendorresources.aspx

PRODUCT SPECIFICATIONS, OPTIONS AND COMPLIANCE

B20 BIODIESEL BLEND STOCK REQUIREMENTS

NHDOT Fuel Distribution shall be requesting the B20 Biodiesel fuel blend on a year around basis. It is required that the B20 Biodiesel product supplied be formulated utilizing “premium ultra-low sulfur #2” blend stock on a year-round basis. Below are the guidelines for the minimum protection cloud points required, all fuel delivered shall meet or exceed the cloud point requirements as stated below unless superseded by requirements stated at time of order, and each delivery must be accompanied by documentation of compliance with these requirements.

B5 BIODIESEL BLEND STOCK REQUIREMENTS

NHDOT Fuel Distribution may request B5 Biodiesel fuel blend, if needed, during winter months. It is required that B5 Biodiesel product supplied be formulated utilizing “premium ultra-low sulfur #2” blend stock on a year-round basis. Below are the guidelines for the minimum protection cloud points required, all fuel delivered shall meet or exceed the cloud point requirements as stated below unless superseded by requirements stated at time of order, and each delivery must be accompanied by documentation of compliance with these requirements.

ADDITIONAL REQUIREMENTS

1. Biodiesel (B100) and the petroleum diesel blend stock must meet ASTM D6751 Grade No. 2-B S15 specifications before blending.

2. Successful bidder(s) shall meet all specified ASTM specifications listed within this bid, or the most recent revised specification available.

3. Successful bidder(s), at their expense shall furnish, upon request for the state agency, an analysis from an approved laboratory of the fuel delivered to any state location.

4. Successful bidder(s) may utilize other distributors for supply and/or delivering B20 Biodiesel 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.

5. Successful bidder(s) is responsible for replacement of any State property that is damaged by the bidder(s) employees.

6. T-T is tractor trailer delivery

7. Successful bidder must provide documentation for B5 blends that the biodiesel portion of that blend meets the most current version of ASTM D7467.

SEASONAL CLOUD POINT REQUIREMENTS

• October 1st to December 1st: B-20 fuel delivered with a required cloud point that meets or exceeds +8°F cloud point.

• December 2nd to March 31st: B-20 fuel delivered with a required cloud point that meets or exceeds -5°F cloud point.

• April 1st to September 30th: B-20 fuel delivered with a required cloud point that meets or exceed +20°F cloud point.

It shall be the bidders’ responsibility to manage and deliver a B-20 or B-5 biodiesel fuel product that meets the cloud point protection as stated in SEASONAL CLOUD POINT REQUIREMENTS throughout the contract period.

BIODIESEL PRODUCT SPECIFICATIONS

1. The B5 Biodiesel product supplied shall meet ASTM D975-16a specification, or most recent revised specification.

2. The B20 Biodiesel product supplied shall meet ASTM D7467-13 specification, or the most recent revised specification, (current Non-ASTM specifications may be found under “Specifications” at:

http://www.afdc.energy.gov/fuels/biodiesel_specifications.html

a. Cetane Number - A minimum cetane number of 47.0 or as determined by the most recent ASTM Standard Test Method D613.

b. Low Temperature Operability - A cold flow performance measurement which meets the most recent ASTM D 975-15 tenth percentile minimum ambient air temperature charts and maps for New Hampshire by either the most recent ASTM Standard Test Method D 2500-11 (Cloud Point), or most recent ASTM Standard Test Method D 4539-10 (Low Temperature Flow Test, LTFT). Low temperature operability is only applicable October 1 - March 31 of each year.

PREMIUM ULTRA LOW SULFUR BLEND STOCK SPECIFICATIONS

The Premium Ultra Low Sulfur #2 blend stock, i.e. premium ultra-low sulfur diesel fuel supplied shall meet ASTM D975- 16a, grade No. 2-D S15 specifications, or the most recent revised specification.

http://www.afdc.energy.gov/fuels/biodiesel_specifications.html

IN ADDITION TO THE PREMIUM 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 B20 or B5 PRODUCT 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 47.0 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 975-12a 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 - 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.

PRODUCT COMPLIANCE

It is mutually agreed that if the fuel sold, furnished, and delivered by the successful bidder to the State of New Hampshire, does not conform to the standard specifications included in this bid, the State reserves the right to purchase said fuel elsewhere charging any additional cost to the said contract holder. The contract holding vendor will be responsible for removing the non-conforming fuel. The State may request an analysis, from an approved laboratory, of the fuel delivered at no cost to the State.

PRODUCT TESTING

The State reserves the right to test any product delivered to any fuel locations during the contract 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 condition exists, 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 RFB.

SCOPE OF WORK:

Vendor shall supply all labor, tools, transportation, materials, equipment and permits as necessary and required to perform services as described herein.

Unless otherwise specified herein, all services/deliveries performed under this Contract(s) shall be performed between the hours of 7:30 A.M. and 4:00 P.M. for State business days, unless other arrangements are made in advance with the State. Any deviation in work hours shall be pre-approved by the Contracting Officer. The State requires ten-day advance knowledge of said work schedules to provide security and access to respective work areas. No premium charges shall be paid for any off-hour work.

The Vendor shall not commence work until a conference is held with each agency, at which representatives of the Vendor and the State are present. The conference shall be arranged by the requesting agency (State).

The State shall require correction of defective work or damages to any part of a building or its appurtenances when caused by the Vendor’s employees, equipment or supplies. The Vendor shall replace in satisfactory condition all defective work and damages rendered thereby or any other damages incurred. Upon failure of the Vendor to proceed promptly with the necessary corrections, the State may withhold any amount necessary to correct all defective work or damages from payments to the Vendor.

The work staff shall consist of qualified persons completely familiar with the products and equipment they shall use. The Contracting Officer may require the Vendor to dismiss from the work such employees as deems incompetent, careless, insubordinate, or otherwise objectionable, or whose continued employment on the work is deemed to be contrary to the public interest or inconsistent with the best interest of security and the State.

The Vendor or their personnel shall not represent themselves as employees or agents of the State.

While on State property, employees shall be subject to the control of the State, but under no circumstances shall such persons be deemed to be employees of the State.

All personnel shall observe all regulations or special restrictions in effect at the State Agency.

The Vendor’s personnel shall be allowed only in areas where services are being performed. The use of State telephones is prohibited.

If sub-contractors are to be utilized, please include information regarding the proposed sub-contractors including the name of the company, their address, contact person and three references for clients they are currently servicing. Approval by the State must be received prior to a sub-contractor starting any work.

WARRANTY REQUIREMENTS:

The successful Vendor shall be required to provide warranties on all equipment provided by the Vendor for a period of not less than one (1) year or the manufacturer’s standard warranty period, whichever is greater, commencing on the date that the equipment is received, inspected, and accepted by the State of New Hampshire. The warranty shall cover 100% of repair or replacement costs, including all parts, shipping, labor, travel, lodging, and expenses.

OBLIGATIONS AND LIABILITY OF THE VENDOR:

The successful Vendor shall perform all work and furnish all materials, tools, equipment and safety devices necessary to perform the requested services in the manner and within the time hereinafter specified. The Vendor shall provide said services to the satisfaction of the State and in accordance with the specifications and at the price set forth herein. All work to be performed and all equipment to be furnished pursuant to the Scope of Services included herein shall be performed and furnished in strict accordance with the specifications included herein, the terms of any contract awarded as a result of this solicitation, any associated contract drawings, and the directions of State representatives as may be given from time to time while the work is in progress.

The successful Vendor shall take full responsibility for the work to be performed pursuant to the Scope of Work included herein; for the protection of said work; and for preventing injuries to persons and damage to property and utilities on or about said work. The Vendor shall in no way be relieved of such responsibility by any authority of the State to give permission or issue orders relating to any part of the work, by any such permission given or orders issued, or by any failure of the State to give such permission or issue such orders. The successful Vendor shall bear all losses accruing to the Vendor as a result of the amount, quality, or character of the work required, or because the nature or characteristics of the work location is different from what the Vendor estimated or expected, or due to delays or other complications caused by the weather, elements, or other natural causes.

The successful Vendor agrees that any damage or injury to any buildings, materials, equipment, or other property resulting from the Vendor’s performance of the requested services shall be repaired at the Vendor’s own expense so that such buildings, materials, equipment, or other property are satisfactorily restored to their prior condition.

NON-EXCLUSIVE CONTRACT:

Any resulting Contract from this RFB will be a non-exclusive Contract. The State reserves the right, at its discretion, to retain other Contractors to provide any of the Services or Deliverables identified under this procurement or make an award by item, part or portion of an item, group of items, or total Proposal.

DISASTER RECOVERY:

Do you provide emergency preparedness plan to aid the State during an emergency or disaster recovery with specifics as to response time, availability of supplies and goods and services offered? Yes or No (circle one)

If yes, please include hard copy and/or link to website for further information. This information is not considered part of award criteria and is considered informational only.

DELIVERY TIME:

The successful Vendor shall be required to accomplish delivery of any item ordered under the contract within forty-eight (48) hours from the placement of the order. If the requested delivery cannot be completed within forty-eight (48) hours, Vendor will contact the agency and set a delivery time that is mutually acceptable to both parties.

Weekends and holidays are NOT exempt from the state delivery schedule, and it is understood that bidders are a 365-day per year delivery operation.

The use of a private carrier to make delivery does not relieve the successful Vendor from the responsibility of meeting the delivery requirement.

DELIVERY POLICY, PROCEDURES, REQUIREMENTS

NHDOT Fuel Distribution shall contact successful vendor(s) to coordinate all deliveries.

DELIVERY LOCATION

The following is the current State of New Hampshire agency/institution locations which, if you are awarded a contract, you are expected to service. The State of New Hampshire reserves the right to add locations to this list at the contract prices or to delete locations, as needed. This listing does not include any eligible participants.

DISTRICT AGENCY TOWN TANK

ID

DELIVERY

TYPE

TANK

QTY/SIZE

FUEL

TYPE

PHYSICAL

ADDRESS

REMIT

ADDRESS

NHDOT

Fuel Distribution

Durham 13U T-T 1 / 12,000 B-20 Biodiesel

UNH Campus 213 Main Street

Durham, NH 03824

NHDOT

Fuel Distribution

PO Box 483 Concord, NH 03302-0483

NHDOT

Fuel Distribution

Durham 13U T-T 1 / 12,000 B-5 Biodiesel

UNH Campus 213 Main Street

Durham, NH 03824

NHDOT

Fuel Distribution

PO Box 483 Concord, NH 03302-0483

1. NHDOT and contractor may prearrange deliveries beyond the forty-eight (48) hour requirement to suit delivery needs by the mutual agreement of contractor and NHDOT.

2. DIPPING TANKS: State agencies require all vendors to have their delivery personnel dip tanks before and after deliveries using water finding paste and note said readings on delivery slips. Dip stick readings will be accurate within 1/8” inch per State of New Hampshire Code of Administrative Rules, Chapter Env-Or 400 Underground Storage Facilities regulations, as revised or renumbered. If the dipping indicates more than 1/2” of water the vendor shall not deliver the fuel and shall contact the agency contact and advise them of the situation.

3. DELIVERY SLIP / BOL: All deliveries including tanker loads shall include a bill of lading and/or documentation to identify the type of product left at each delivery. Delivery and load slips must be left at each delivery site. Failure to leave delivery documentation at each delivery site may result in delayed payments for said deliveries.

4. TANK DELIVERY - CONTAMINATION: If a vendor delivers a fuel product to the wrong fuel tank, and that delivery causes contamination between two different products (e.g. diesel fuel and gasoline, etc.), the vendor shall take the following steps to correct the situation:

• 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.

• The vendor shall them pump out the total contents of the contaminated tank, both existing product and newly delivered product.

• It shall be the vendor’s responsibility and cost to properly dispose of the contaminated product.

• The vendor shall clean the tank.

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

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

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

5. TANK DELIVERY - SPILLS / OVERFILLS: Most underground tanks (all NHDOT) are equipped with 4" tight fill adapters. Delivery trucks shall be equipped with appropriate hardware to seal delivery lines to prevent over-fills and/or spills. If a spill should occur during delivery, the vendor assumes all responsibility and liability for spill, clean-up and/or cleaning of tank and the delivery driver will report the incident to onsite agency personnel immediately. This requirement also includes cleaning up of any fuel spilled from the spill bucket.

6. OVERFILLS: Delivery personnel shall unload product at a reasonable pace and rate to allow the 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 / spill bucket. All cost 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.

7. The User is responsible to ensure that tanks are properly cleaned and maintained when changing from one fuel mixture to another.

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

DELIVERY- SAFETY REQUIREMENTS AND PROCEDURES

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

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 and vent valves are 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 at 603-271-6862.

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

12. Delivery personnel shall clean the manhole / spill bucket of any product they may have spilled during delivery.

RETURNED GOODS:

The successful Vendor shall resolve all order and invoice discrepancies within five (5) business days from notification. Products returned due to quality issues, duplicate shipments, over-shipments, etc.