bid-3130-26--1-.pdf

NEW HAMPSHIRE DEPARTMENT OF ADMINISTRATIVE SERVICES

DIVISION OF PROCUREMENT AND SUPPORT SERVICES

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

3130-26

DUE DATE: 6/9/2026 9:00 AM (EASTERN TIME)

Bidder Initials_______

Date___________

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. PRODUCT SPECIFICATIONS, OPTIONS AND COMPLIANCE

30. DELIVERY:

31. SCOPE OF WORK:

32. WARRANTY REQUIREMENTS:

33. OBLIGATIONS AND LIABILITY OF THE VENDOR:

34. NON-EXCLUSIVE CONTRACT:

35. Disaster Recovery:

36. Backorders and Substitutions:

37. ENVIRONMENTALLY FRIENDLY PRODUCTS:

38. OFFER:

39. SOLICITATION PRICING FORMAT: INDEX BASED BID FORMAT

40. SOLICITATION PRICING FORMAT: LOCKED FIXED PRICE BASED BID FORMAT

41. VENDOR’S BALANCE OF PRODUCT LINE ITEMS:

42. VENDOR CONTACT INFORMATION:

43. ATTACHMENTS:

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

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

STATE OF NEW HAMPSHIRE TRANSMITTAL LETTER

1. PURPOSE:

1.1. The purpose of this bid invitation is to establish a contract for fuel supply and delivery of Biodiesel, Diesel, and

Gasoline via Tractor Trailer 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: 5/15/2026 Last day for questions, clarifications, and/or requested changes to bid: 5/29/2026

States response to questions, clarifications, and/or requested changes to bid: 6/5/2026

Bid Closing (Eastern Time): 6/9/2026 9:00 AM mailto:NH.Purchasing@DAS.NH.Gov mailto:christopher.r.fuller@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 on September 1, 2026, or upon approval of the Governor and Executive

Council, whichever is later, through August 31, 2028, a period of approximately two (2) years.

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

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 meeting the criteria established in this RFB and providing the lowest total delivered price. Contracts will be awarded to the Vendor(s) with the lowest total delivered fixed price or index based price as stated in the offer section of this solicitation, at the discretion of the State. The State reserves the right to award in total, 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 index prices shall remain firm for the entire contract period, shall be in US dollars not to exceed four (4) decimal places, 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 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.

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

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

18.1.4. Provide training on the use of the Contractor’s portal as needed with no charge to the State.

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

20.1.1. Contract Number

20.1.2. Delivery Agency

20.1.3. Physical location with Tank ID (if available)

20.1.4. Delivery date

20.1.5. Gallons received

20.1.6. Product type

20.1.7. Total gallons delivered to date by product and delivery type (TT/PT)

20.1.8. In Excel format.

20.2. Reports shall be emailed to:

Jesse Wilcox

DOT – Bureau of Fuel Distribution Email: jesse.g.wilcox@dot.nh.gov

Ryan Fuller Bureau of Purchase and Property Email: christopher.r.fuller@das.nh.gov

20.3. The successful Vendor shall be required to submit a quarterly and annual usage report for analysis for each state agency or eligible participant. Reports are due no later than 30 days after the end of each calendar quarter to The Bureau of Procurement & Support Services, Ryan Fuller, and sent electronically to christopher.r.fuller@das.nh.gov.

At a minimum, the report shall include:

20.3.1. Contract number

20.3.2. Utilizing agency and eligible participants

20.3.3. Services/products purchased

20.3.4. Total cost of all services/products purchased. Ability to sort by agency/eligible participant.

20.3.5. 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 mailto:jesse.g.wilcox@dot.nh.gov 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 submitted 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

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

24.6.1.7. Veterans Day

24.6.1.8. Thanksgiving Day

24.6.1.9. Day After Thanksgiving

24.6.1.10. Christmas Day

24.7. The State will accept pass-through costs for energy-based tariffs. Tariffs shall be listed as an itemized cost on all invoices. The State reserves the right to reject any invoices where tariff costs are included but not itemized.

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.

27.3. The manufacturers and/or product numbers indicated are the only ones that are acceptable under this section.

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

28. SPECIFICATIONS:

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. PRODUCT SPECIFICATIONS, OPTIONS AND COMPLIANCE

29.1. B20 BIODIESEL BLEND STOCK REQUIREMENTS

29.1.1. 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.

29.2. B5 BIODIESEL BLEND STOCK REQUIREMENTS

29.2.1. 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.

29.3. ADDITIONAL REQUIREMENTS

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

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

29.3.3. 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.

29.3.4. 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.

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

29.3.6. T-T is tractor trailer delivery

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

29.4. SEASONAL CLOUD POINT REQUIREMENTS

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

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

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

29.4.4. 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.

29.5. BIODIESEL PRODUCT SPECIFICATIONS

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

29.5.2. 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

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

29.5.4. 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.

29.6. PREMIUM ULTRA LOW SULFUR BLEND STOCK SPECIFICATIONS

29.6.1. 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.

29.6.2. 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.

29.6.3. 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:

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

29.6.5. 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.

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

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

29.7. PRODUCT COMPLIANCE

29.7.1. 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.

29.8. PRODUCT TESTING

29.8.1. 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.

30. DELIVERY:

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

30.1. The successful Vendor shall be required to accomplish delivery of any item ordered under the contract within 48 hours after receipt of order, regardless of delivery method (tank wagon or motor transport). Weekends and holidays are NOT exempt from the stated delivery schedule, and it is understood that the Vendor is a 365-day delivery operation.

30.2. If a Vendor cannot meet the 48-hour threshold, the Vendor shall contact the delivery site and reach a mutually agreed upon delivery time. If a mutually agreed upon delivery time cannot be met, the State may fulfill the delivery off contract from another Vendor.

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

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

30.5. DELIVERY LOCATION

30.5.1. 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

30.5.2. 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.

30.6. DELIVERY- SAFETY REQUIREMENTS AND PROCEDURES

30.6.1. 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.

30.7. Additional Delivery Requirements:

30.7.1. Dipping Tanks: State agencies require all vendors to have their delivery personnel dip tanks before and after deliveries and note said readings on delivery slips. Dip stick readings will be accurate within 1/8” inch per State of New Hampshire “Water Supply Pollution Control Commission Regulation Env-Wm 1401.11 Inventory Monitoring” or the most recent revision.

30.7.2. 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.

30.7.3. Spills/Overfills: Most underground tanks are equipped with 4" tight fill adapters. (Exception: above ground skid tanks.) Delivery trucks should be equipped with appropriate hardware to seal delivery-lines to prevent over-fills and/or spills. If a spill should occur during delivery or vendor should deliver the wrong product to tanks or introduce water into a tank during a delivery, the vendor assumes all responsibility and liability caused by their actions for spill, clean - up and/or cleaning of tank and the delivery driver will report the incident to onsite agency personnel immediately.

30.7.4. 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. 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.

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

30.9. Rush Orders: The State may designate an order as a Rush Order dependent upon the current needs of a fuel site(s) and shall indicate the order is a Rush Order when placing the order. The successful Vendor shall accomplish delivery of any Rush Order within 24 hours after receipt of delivery.

30.10. Emergencies: Vendor(s) further agrees to deliver in less time in case of emergencies to the best of their ability. If delivery requirements are not met, the buyer reserves the right to purchase elsewhere, charging any additional costs back to the original vendor.

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

30.12. DELIVERY SLIPS:

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

30.12.1.1. The quantity of product delivered.

30.12.1.2. Description of product delivered.

30.12.1.3. Date of delivery.

30.12.1.4. Tank I.D. number if available.

30.12.1.5. Delivery location, agency and physical address.

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

30.13. BILL OF LADING:

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

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

30.13.1.2. Driver Name

30.13.1.3. Bill of Lading Number

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

30.13.1.5. Product temperature

30.13.1.6. Product gravity

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

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

30.13.1.9. Date of product lifted

30.13.1.10. Terminal name, address and telephone number

30.13.1.11. Carrier name lifting product from terminal

30.13.1.12. Consignee name and address

30.14. DELIVERY SAFETY REQUIREMENTS AND PROCEDURES:

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

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

30.14.1.2. Inspect tank, spill buckets, fittings, and liquid level indicator prior to filling.

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

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

30.14.1.5. Remain with the vehicle while loading or unloading.

30.14.1.6. Adhere to tank overfill protection device warnings and indicators.

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

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

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

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

30.14.2. 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 agency immediately @ 603- 271-6862.

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

30.14.4. Delivery personnel shall clean the manhole/spill buckets of any and all product they may have spilled during delivery.

30.15. DELIVERY – TANK CONTAMINATION:

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

30.15.1.1. The vendor that delivered the product to the wrong tank or caused the introduction of water shall contact the agency owning the fuel tank to convey the situation as soon as the vendor becomes aware of the situation.

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

30.15.1.3. It shall be the vendors responsibility and cost to properly dispose of the contaminated fuel and clean the tank.

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

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

30.15.1.6. The vendor shall work without delay to remedy the error so the fuel tank may be put back in service as soon as possible by the state agency.

31. SCOPE OF WORK:

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

31.2. 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).

31.3. 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.”

31.4. Unless otherwise specified herein, all services/deliveries performed under this Contract(s) shall be performed between the hours of 8:00 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.