bid_3022_25.pdf

Bidder Initials_______

Date___________

NEW HAMPSHIRE DEPARTMENT OF ADMINISTRATIVE SERVICES

DIVISION OF PROCUREMENT AND SUPPORT SERVICES

REQUEST FOR BID FOR PEDAL TRUCK #2 HEATING OIL SUPPLY AND DELIVERY

3022-25

DUE DATE: 5/29/2025 9:00:00 AM (EASTERN TIME)

Table of Contents

1. PURPOSE:

2. INSTRUCTIONS TO VENDOR:

3. BID SUBMITTAL:

4. BID INQUIRIES:

5. BID DUE DATE:

6. ADDENDA:

7. TIMELINE:

8. TERMS OF SUBMISSION:

9. CONTRACT TERM:

10. CONTRACT AWARD:

11. NOTIFICATION AND AWARD OF CONTRACT(S):

12. LIABILITY:

13. PUBLIC DISCLOSURE OF BID OR PROPOSAL SUBMISSIONS:

14. TERMINATION:

15. VENDOR CERTIFICATIONS:

16. BID PRICES:

17. AUDITS AND ACCOUNTING:

18. Account Representative:

19. ESTIMATED USAGE:

20. USAGE REPORTING:

21. ESTABLISHMENT OF ACCOUNTS:

22. ELIGIBLE PARTICIPANTS:

23. PAYMENT:

24. INVOICING:

25. VENDOR RESPONSIBILITY:

26. IF AWARDED A CONTRACT:

27. SPECIFICATION COMPLIANCE:

28. SPECIFICATIONS:

29. SPECIFICATION – FUEL PRODUCT REQUIREMENTS:

30. SPECIFICATION - PRODUCT COMPLIANCE:

31. SPECIFICATION -PRODUCT TESTING:

32. SPECIFICATION CHANGES per STATE and/or FEDERAL LAW:

33. SCOPE OF WORK:

34. DELIVERY LOCATION:

35. DIPPING TANKS:

36. DELIVERY SLIP / BOL:

37. TANK DELIVERY CONTAMINATION:

38. TANK DELIVERY SPILLS / OVERFILLS:

39. OVERFILLS:

40. EMERGENCIES:

41. DELIVERY- SAFETY REQUIREMENTS AND PROCEDURES:

42. DELIVERY SLIPS:

43. DELIVERY – “AUTOMATIC”:

44. AUTOMATIC DELIVERY REQUIREMENTS – STATE AGENCY RESPONSIBILITIES:

45. NON-BUSINESS HOURS DELIVERY:

46. SITE DELIVERY ERROR:

47. MINIMUM ORDERS (SHALL APPLY TO WILL-CALL LOCATIONS ONLY):

48. WARRANTY REQUIREMENTS:

49. OBLIGATIONS AND LIABILITY OF THE VENDOR:

50. NON-EXCLUSIVE CONTRACT:

51. Disaster Recovery:

52. Backorders and Substitutions:

53. ENVIRONMENTALLY FRIENDLY PRODUCTS:

54. OFFER:

55. VENDOR’S BALANCE OF PRODUCT LINE ITEMS:

56. VENDOR CONTACT INFORMATION:

57. DELIVERY TIME:

58. DELIVERY LOCATIONS:

59. ATTACHMENTS:

60. Note: To be considered, bid TRANSMITTAL LETTER shall be signed in the space provided

61. The Bid Opening is open to the public online at the following:

APPENDIX A

STATE OF NEW HAMPSHIRE TRANSMITTAL LETTER

1. PURPOSE:

1.1. The purpose of this bid invitation is to establish a contract for supply and delivery of #2 heating oil via pedal truck 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.

2. INSTRUCTIONS TO VENDOR:

2.1. 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, and sign the bid transmittal letter.

3. BID SUBMITTAL:

3.1. 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 paragraph 7 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.

3.2. 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.

4. BID INQUIRIES:

4.1. 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.

4.2. Questions shall be submitted by email to Ryan Fuller at Christopher.R.Fuller@DAS.NH.Gov.

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

5. BID DUE DATE:

5.1. 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.

5.2. 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.

6. ADDENDA:

6.1. 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.

7. TIMELINE:

7.1. 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.

Bid Solicitation distributed on or by: 5/13/2025 Last day for questions, clarifications, and/or requested changes to bid: 5/21/2025

States response to questions, clarifications, and/or requested changes to bid: 5/23/2025

Bid Closing (Eastern Time): 5/29/2025 9:00 AM mailto:NH.Purchasing@DAS.NH.Gov https://apps.das.nh.gov/bidscontracts/bids.aspx

8. TERMS OF SUBMISSION:

8.1. 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.

8.2. 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.

8.3. 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.

8.4. 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.

8.5. 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.

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

HEREOF.

8.7. 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.

9. CONTRACT TERM:

9.1. The term of the contract shall commence September 1, 2025, or upon execution by the Governor and

Executive Council, whichever is later (the “effective date”) and shall continue thereafter for a period of two (2) years.

9.2. The contract may be extended for up to an additional one (1) year 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.

9.3. The State of New Hampshire reserves the right to add or delete locations/equipment throughout the term of the contract. For the addition of a new location or new equipment, a requesting agency through the Division of Procurement and Support Services shall submit a request for quote (RFQ) including a detailed scope of work to the contractor. Quotes shall be in accordance with pricing and service requirements contained herein and no service shall be performed until documented acceptance by the State is received. The Contract may be amended, by agreement of the parties, effective upon approval of the commissioner of the Department of Administrative Services or designee, without further approval needed by the Governor and Executive Council as long as the price limitation is unchanged or decreased as a result of the new or deleted locations/equipment.

10. CONTRACT AWARD:

10.1. The award shall be made to the Vendor(s) meeting the criteria established in this RFB and providing the lowest mark-up cost by District. The State reserves the right to reject any or all bids or any part thereof and add/delete items/locations to the contract. All award(s) shall be, in the form of a State of New Hampshire Contract(s).

10.2. 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.

11. NOTIFICATION AND AWARD OF CONTRACT(S):

11.1. 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).

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

11.3. 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.

12. LIABILITY:

12.1. 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.

13. PUBLIC DISCLOSURE OF BID OR PROPOSAL SUBMISSIONS:

13.1. 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.

13.2. 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:

13.3. 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 stamped or otherwise marked with the notation “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.

13.4. 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.

13.5. 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.

13.6. By submitting a proposal, Bidders acknowledge and agree that:

13.6.1. 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;

13.6.2. 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

13.6.3. 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.

14. TERMINATION:

14.1. 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.

15. VENDOR CERTIFICATIONS:

15.1. 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.

15.2. 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).

15.3. 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/.

15.4. 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.

15.5. 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.

16. BID PRICES:

16.1. 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.

16.2. 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”.

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

16.4. Updated Published Price List MUST be e-mailed to Christopher.R.Fuller@DAS.NH.Gov.

17. AUDITS AND ACCOUNTING:

17.1. 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.

17.2. 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.

18. ACCOUNT REPRESENTATIVE:

18.1. The Contractor shall assign a dedicated account representative and a backup in their absence who will be responsible for the daily administration of this Contract. The account representative shall be familiar with all Contract requirements to ensure compliance with the terms of the Contract. The account representative shall https://das.nh.gov/Purchasing https://sos.nh.gov/corporation-division/ https://sos.nh.gov/corporation-division/ respond by phone or email to Client Agency inquiries within 24 hours of initial contact or the next business day if after normal business hours. The account representative’s responsibilities shall include but not be limited to:

18.1.1. Coordinate business review meeting(s) either virtually or on-site with the State held at a cadence requested by the State.

18.1.2. Provide recommended process and productivity improvements related to potential cost savings to the

State for consideration quarterly.

18.1.3. Provide information and product offerings to bring the latest industry ideas and trends to the State as applicable.

19. ESTIMATED USAGE:

19.1. 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.

20. USAGE REPORTING:

20.1. 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 Ryan Fuller at The Bureau of Procurement & Support Services and sent electronically to Christopher.R.Fuller@DAS.NH.Gov. At a minimum, the Report shall include:

20.1.1. Contract Number

20.1.2. Utilizing Agency and Eligible Participant

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

20.1.4. Third-party sustainability certifications, environmental attributes, and documentation with respect to recycled content used in the manufacture, development and distribution process of goods and services sold. This report shall include but not be limited to:

20.1.4.1. Percentage of recycled materials contained within finished products

20.1.4.2. Percentage of waste recycled throughout the manufacturing process

20.1.4.3. Types and volume of packaging used for transport

20.1.4.4. Any associated material avoided and/or recycled as applicable under contract

20.1.4.5. A standardized reporting form will be provided after contract award

20.1.4.6. Green Certifications for each product sold

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

20.1.6. In Excel format

21. ESTABLISHMENT OF ACCOUNTS:

21.1. 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.

22. ELIGIBLE PARTICIPANTS:

22.1. 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.

23. PAYMENT:

23.1. 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.

23.2. Payment shall not be due until 30 days after the invoice has been received at the agency business office or all items have been delivered, inspected, and accepted by the agency, whichever is later.

24. INVOICING:

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

24.2. Invoicing shall be done to the Agency Remit Account on the basis of each order completed, or other mutually agreed upon timeframe between the vendor and agency (example: monthly invoice). Invoices must be sent to the State department or agency to which the delivery is made. Vendor(s) may email invoices, however it is the vendor’s responsibility to obtain the proper email address prior to submitting invoices via email. Invoices shall clearly indicate the quantity, description, packaging, date delivered, and contract price. Invoicing for eligible participants shall be in accordance with their individual requirements.

24.3. It will be the responsibility of the successful Vendor(s) to see that all invoices are complete and priced accurately per the terms, conditions and format of this bid and any resulting contract(s). The State will make all efforts to pay all accurate and complete invoices within the payment term stated within this bid; however, errors within the original invoice will relieve the State of the original net-30 term time frame for payment.

24.4. Vendors are allowed to pass on any discounts to the State of New Hampshire. Any invoices with pricing lower than the contracted price shall be considered a discount unless the ordering Agency is notified as referenced in the “Returned Product/Incorrect Invoices or Deliveries” section below.

24.5. Invoicing shall be done at the completion of each delivery. Vendors may email invoices to the remit address.

It is the Vendor’s responsibility to obtain the correct remit email address prior to delivery. Invoices shall indicate all data stated below:

1. The quantity delivered

2. Description of product delivered

3. Date of delivery (the date when the full delivery has been pumped and invoice is filled out, not prior to pumping)

4. Dip stick reading before and after delivery (Dip stick readings will be accurate within 1/8” inch per State of New Hampshire Chapter Env-Or 400 Underground Storage Facilities regulations, as revised or renumbered)

5. Tank I.D. number if available

6. Delivery location, agency, and physical address

7. Contracted mark-up price per gallon as stated in offer section

8. Vendor offered invoice discount for early payment if applicable

24.6. Invoicing for Deliveries on Weekends or Holidays:

24.6.1. 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 price on the following Monday or next business day. If deliveries occur on a holiday that falls in the middle of the week (Example: Thanksgiving is observed on a Thursday), invoices for those delivery dates will be calculated against the posted price on the next business day. State of New Hampshire observed holidays are:

24.6.1.1. New Years Day

24.6.1.2. Martin Luther King Day

24.6.1.3. Presidents Day

24.6.1.4. Memorial Day

24.6.1.5. Independence Day

24.6.1.6. Labor Day

24.6.1.7. Veterans Day

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

24.6.1.8. Thanksgiving Day

24.6.1.9. Day After Thanksgiving

24.6.1.10. Christmas Day

25. VENDOR RESPONSIBILITY:

25.1. 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.

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

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

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

25.2.3. Complete the “Vendor Contact Information” section; and

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

25.3. 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.

26. IF AWARDED A CONTRACT:

26.1. 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)

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

Number P-37.

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

RSA Chapter 81-A.

26.1.3. 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.

27. SPECIFICATION COMPLIANCE:

27.1. 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.

27.2. 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.

28. SPECIFICATIONS:

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

28.1. Complete specifications required are detailed in the SCOPE OF WORK section of this bid invitation. In responding to the bid invitation, the prospective Vendor shall address all requirements for information as outlined herein.

28.2. The signature of state personnel on shipping documents shall signify the receipt but not the acceptance of the shipment signed for.

29. SPECIFICATION – FUEL PRODUCT REQUIREMENTS:

29.1. All #2 fuel furnished shall conform to ASTM standards (#2 FUEL - D-396-08B and referenced documents) or most recent revision. The maximum sulfur content shall not exceed 0.4% or as indicated by the most recent ASTM standard.

29.2. In the event of a change in the federal standard, the sulfur content will not exceed that which is mandated by the Federal Government.

30. SPECIFICATION - PRODUCT COMPLIANCE:

30.1. It is mutually agreed that if the #2 heating oil furnished and delivered by the successful vendor 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 Vendor. The 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. Vendor's offer must 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.

31. SPECIFICATION -PRODUCT TESTING:

31.1. The State reserves the right to test any fuel product delivered to any of the fuel locations stated within this solicitation or any locations added to the resulting contract over its term for compliance to the product ordered or the specifications and standards herein.

31.2. If the results of any such test performed determine that the product sold, furnished and delivered to any State locations, 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 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.

32. SPECIFICATION CHANGES PER STATE AND/OR FEDERAL LAW:

32.1. In the event a State or Federal law relating to #2 heating oil specifications becomes effective during the contract term, successful vendor(s) shall be expected to comply with revised specifications. In the event the product pricing reflected in OPIS “Oil Price Daily” publication does not conform to the law, the State shall work with successful vendor(s) to determine an alternative index price.

33. SCOPE OF WORK:

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

33.2. Make deliveries in accordance with the delivery days and timeframes set forth herein, except on holidays or at other times when the State is closed, including, but not limited to, inclement weather. All references to the time of day are Eastern Time (ET).

33.3. Vendors shall provide material safety data sheets with the delivery of any and all products covered by RSA 277-A, the “Worker’s Right to Know Act.”

33.4. 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.

33.5. 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).

33.6. 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.

33.7. 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.

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

33.9. 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.

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

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

33.12. 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.

33.13. DELIVERY PROCEDURES AND REQUIREMENTS

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

34. DELIVERY LOCATION:

34.1. Attached is the current State of New Hampshire agency/institution locations which, if awarded a contract, the Vendor is 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. The Vendor will be given thirty (30) day notice in the instance where a location or locations are to be removed. This listing does not include any eligible participants.

34.2. State of New Hampshire Agencies Representatives and contractor may prearrange deliveries beyond the forty-eight (48) hour requirement to suit delivery needs by the mutual agreement of contractor and the NHDOT.

35. DIPPING TANKS:

35.1. 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.

36. DELIVERY SLIP / BOL:

36.1. 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.

37. TANK DELIVERY CONTAMINATION:

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

37.1.1. 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.

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

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

37.1.4. The vendor shall clean the tank.

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

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

37.1.7. 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.

38. TANK DELIVERY SPILLS / OVERFILLS:

38.1. 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.

39. OVERFILLS:

39.1. 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.

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

40. EMERGENCIES:

40.1. 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.

41. DELIVERY- SAFETY REQUIREMENTS AND PROCEDURES:

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

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

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

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

41.1.4. Block truck wheels before starting to load or unload.

41.1.5. Remain with the vehicle while loading or unloading.

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

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

41.1.8. Inspect vehicle before departure to be sure all loading or unloading lines have been disconnected and vent valves are closed.

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

41.1.10. 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.

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

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

42. DELIVERY SLIPS:

42.1. Concluding each delivery, a delivery slip will be left with the designated site point of contact at the location by the vendor. Delivery slips will contain the following information at a minimum:

42.1.1. The quantity delivered

42.1.2. Description of product delivered

42.1.3. Date of delivery (the date when the full delivery has been pumped and invoice is filled out, not prior to pumping)

42.1.4. Dip stick reading before and after delivery (Dip stick readings will be accurate within 1/8” inch per State of New Hampshire Chapter Env-Or 400 Underground Storage Facilities regulations, as revised or renumbered)

42.1.5. Tank I.D. number if available

42.1.6. Delivery location, agency, and physical address

42.1.7. Contracted price per gallon as stated in offer section

42.1.8. Vendor offered invoice discount for early payment if applicable

43. DELIVERY – “AUTOMATIC”:

43.1. There are locations on the attached location listing that require “automatic delivery”. If nothing is stated, it shall be assumed they are “will call” locations. Agencies wishing to change location delivery status from “will call” to “automatic delivery” or vice versa shall contact the Vendor in writing to request the change.

44. AUTOMATIC DELIVERY REQUIREMENTS – STATE AGENCY RESPONSIBILITIES:

44.1. To assist in a smooth delivery operation (especially at the beginning of a new contract with a new delivery company), the ordering Agency shall provide the vendor with the previous delivery history data, upon request (1 year worth of consumption is preferable) so the vendor may provide the delivery service in an accurate and efficient manner. This history data is also available by request from the previous contractor. Agencies should monitor their fuel tank consumption for the first 3 months of a new contract to be sure they do not run out while the “automatic delivery” program builds a consumption history.

44.2. The successful vendor shall manage the fuel levels in each “automatic delivery” required location. The tank shall be managed in such a manner that the individual tank will not run out of fuel. If for any reason a tank runs dry, the successful vendor will be responsible to:

44.3. Immediately refuel tank

44.4. Restart any or all boilers affected and perform any boiler maintenance required due to the fuel outage

44.5. Accept and process claims for damage caused to the building because of loss of heat such as, broken pipes, water damage, etc.

45. NON-BUSINESS HOURS DELIVERY:

45.1. Vendor will not assume deliveries made outside of the specified time frames (after hours delivery) are acceptable without permission from the State agency. Many facilities have security measures in place to prevent after hours traffic on the property. Communication between vendor and agency shall take place to allow for “after hours delivery”. Ordering State Agencies shall comply where possible with the vendor’s request for “after hour’s delivery” provided reasonable notice of the request is supplied. Request for “after hour’s delivery” should be isolated instances stemming from unforeseen circumstances and not considered standard delivery procedure.

46. SITE DELIVERY ERROR:

46.1. It is the responsibility of the vendor to ensure that requested site deliveries are correct prior to delivery. This is to be completed by confirming with the agency site point of contact. If a delivery is made in error to a site without agency confirmation, the vendor will notify the agency as soon as they are aware, and will perform one of the following actions:

46.2. Recover the amount and type of product delivered at the vendor’s expense.

46.3. Write-off the delivery or deliveries in question for accounting and inventory purposes.

47. MINIMUM ORDERS (SHALL APPLY TO WILL-CALL LOCATIONS ONLY):

DELIVERY FEE MATRIX FOR #2 HEATING OIL DELIVERIES

TANK SIZE MINIMUM GALLONS DELIVERED LESS THAN MINIMUM QTY

DELIVERED FEE

< 330 GALLON TANK 100 GALLONS $50 FEE

331 - 1000 GALLON TANK 150 GALLONS $50 FEE

1001 - 3000 GALLON TANK 450 GALLONS $50 FEE (PT)

3001 - 6000 GALLON TANK 1000 GALLONS $50 FEE (PT)

6001 - 8000 GALLON TANK 2000 GALLONS $50 FEE (PT)/ $100 (TT)

8001+ GALLON TANK 3000 GALLONS $75 FEE (PT)/ $150 (TT)

A -TANK SIZE ESTABLISHED BY WHAT IS STATED IN THE OFFER SECTION UNDER "TANK SIZE" B – IF LOCATION HAS 2 OR MORE TANKS PIPED TOGETHER, THEN THE TANK SIZE IS BASED ON THE TOTAL

OF ALL COMBINED TANKS.

C- FEES & CALCULATIONS ARE BASED AGAINST EACH DELIVERY REGARDLESS OF HOW MANY ARE ON A

SINGLE SITE OR COMPLEX

48. WARRANTY REQUIREMENTS:

48.1. 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.

49. OBLIGATIONS AND LIABILITY OF THE VENDOR:

49.1. 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.

49.2. 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.

49.3. 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.

50. NON-EXCLUSIVE CONTRACT:

50.1. 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…