bid-3155-27.pdf

Bidder Initials

Date

NEW HAMPSHIRE DEPARTMENT OF ADMINISTRATIVE SERVICES

DIVISION OF PROCUREMENT AND SUPPORT SERVICES

REQUEST FOR BID FOR ON AND OFF ROAD ULTRA LOW SULFUR DIESEL

SUPPLY AND DELIVERY

3155-27

DUE DATE: 9/18/2026 10:00 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. ESTIMATED USAGE

19. USAGE REPORTING

20. ESTABLISHMENT OF ACCOUNTS

21. ELIGIBLE PARTICIPANTS

22. PAYMENT

23. INVOICING:

24. VENDOR RESPONSIBILITY:

25. IF AWARDED A CONTRACT

26. SPECIFICATION COMPLIANCE

27. SPECIFICATIONS:

28. SCOPE OF WORK

29. FEES AND TAXES

30. WARRANTY REQUIREMENTS

31. OBLIGATIONS AND LIABILITY OF THE VENDOR

32. NON-EXCLUSIVE CONTRACT

33. Disaster Recovery

34. Sample products for evaluation:

35. OFFER

36. SOLICITATION PRICING FORMAT: INDEX BASED BID FORMAT

37. VENDOR’S BALANCE OF PRODUCT LINE ITEMS

38. VENDOR CONTACT INFORMATION:

39. DELIVERY TIME:

40. DELIVERY LOCATIONS

41. ATTACHMENTS

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

43. 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 On and Off Road

Premium Additive Low Sulfur Diesel 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: 8/28/2026 Last day for questions, clarifications, and/or requested changes to bid: 9/11/2026

States response to questions, clarifications, and/or requested changes to bid: 9/15/2026

Bid Closing (Eastern Time): 9/18/2026 10:00 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 upon approval of the Governor and Executive Council, through

November 1, 2028, a period of approximately two (2) years.

9.2. The contract may be extended for up to an additional three (3) 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 Contract may be amended, by agreement of the parties, without further approval needed by the executive council if the price limitation is unchanged or decreased as a result of the new or deleted location.

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 cost total (OPIS plus mark-up) per 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.

10.3. 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 Vendor. 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.

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. ESTIMATED USAGE:

18.1. 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.

19. USAGE REPORTING:

19.1. 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 https://das.nh.gov/Purchasing https://sos.nh.gov/corporation-division/ https://sos.nh.gov/corporation-division/ mailto:christopher.r.fuller@das.nh.gov quarter to Ryan Fuller at The Bureau of Procurement & Support Services, and Jesse Wilcox at the Department of Transportation. Reports are sent electronically to christopher.r.fuller@das.nh.gov and jesse.g.wilcox@dot.nh.gov. At a minimum, the Report shall include:

19.1.1. Contract Number

19.1.2. Utilizing Agency and Eligible Participant

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

19.1.4. 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:

19.1.4.1. Percentage of recycled materials contained within finished products

19.1.4.2. Percentage of waste recycled throughout the manufacturing process

19.1.4.3. Types and volume of packaging used for transport

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

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

19.1.4.6. Green Certifications for each product sold

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

19.1.6. In Excel format

20. ESTABLISHMENT OF ACCOUNTS:

20.1. 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.

21. ELIGIBLE PARTICIPANTS:

21.1. 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.

22. PAYMENT:

22.1. 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.

22.2. 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.

23. INVOICING:

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

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

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

mailto:christopher.r.fuller@das.nh.gov mailto:jesse.g.wilcox@dot.nh.gov https://www.nh.gov/treasury/state-vendors/index.htm

• The quantity delivered

• Description of product delivered

• Date of delivery*

• Dip stick reading both before and after delivery**

• Tank ID number if available

• Delivery location, agency, and physical address

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

• Contractor cash discount for early paid invoices if applicable

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

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

23.6. ***Index price plus mark-up.

23.7. When deliveries are required on weekends, (between 12:01 am Saturday and 12:00 pm midnight Sunday) invoices for those delivery dates will be calculated against the posted Oil Price Daily / OPIS price on the previous Friday. If deliveries occur on a holiday that falls in the middle of the week (EX: Thanksgiving is observed on a Thursday), invoices for those delivery dates will be calculated against the posted price on the previous business day. The following is a list of State observed holidays:

• New Years Day

• Martin Luther King Day

• Presidents Day

• Memorial Day

• Independence Day

• Labor Day

• Veterans Day

• Thanksgiving Day

• Day after Thanksgiving

• Christmas Day

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

24. VENDOR RESPONSIBILITY:

24.1. 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.

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

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

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

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

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

24.3. It is the responsibility of the Vendor to maintain 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.

25. IF AWARDED A CONTRACT:

25.1. 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)

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

Number P-37.

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

RSA Chapter 81-A.

25.1.3. 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.

26. SPECIFICATION COMPLIANCE:

26.1. 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.

26.2. 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. SPECIFICATIONS:

27.1. 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. SCOPE OF WORK:

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

28.2. Make deliveries in accordance with the delivery timeframes specified in section 23.7.

28.3. Product Testing:

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

28.4. Product Options:

28.4.1. Additive Ultra Low Sulfur Diesel Requirements

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

In addition to the ultra-low sulfur diesel specifications stated within, locations included in “Category C” shall also require the following characteristics. These characteristics shall be adopted and included in the ultra-low sulfur diesel product delivered.

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:

Cetane Number: A minimum cetane number of 42.0 as determined by ASTM Standard Test Method D 613.

28.4.1.1. Thermal Stability: A minimum reflectance measurement of 80% as determined by ASTM

Standard Test Method D 6468 (180 min, 150 °C).

28.4.1.2. Lubricity: A maximum wear scar diameter of 520 microns as determined by ASTM D 6079.

If an enforcement jurisdiction’s single test of more than 560 microns is determined, a second test shall be conducted. If the average of the two tests is more than 560 microns, the sample does not conform to the requirements of this part.

28.5. 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 as new deliveries arrive in port currently utilized.

28.6. Successful Bidder(s) may utilize other distributors for supply and/or delivering ultra-low sulfur diesel, ultra-low sulfur diesel, or ultra-low sulfur kerosene 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.

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

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

28.9. NH DOT Diesel Program:

28.9.1. The NH Department of Transportation Bureau of Fuel Distribution manages all Locations shown in the location section of Attachment 2 that state “DOT/ FUEL DISTRIBUTION” in the far-left column (Column A). All of these stated locations currently purchase and store Ultra Low Sulfur Diesel fuel in their tanks.

28.10. NH DOT Premium Diesel Program – Winter Premium Diesel Temperature Protection:

28.10.1. The following cloud points will apply for all awarded locations in the district specified below.

These guidelines are the minimum protection cloud points required, all winter fuel deliveries shall meet or exceed the cloud point requirements as stated below unless superseded by requirements stated at time of order. Please see attached State of New Hampshire district Map for district designations.

28.10.2 All DOT Fuel Distribution Locations:

October 1 to December 14th - Ultra low sulfur additive premium winter diesel with temperature protection characteristics that meet or exceed + 8 0F cloud points.

December 15th to March 14th - Ultra low sulfur additive premium winter diesel with temperature protection characteristics that meet or exceed -5.0 F cloud points

28.11. Compliance Documentation – Sulfur Content

28.11.1. In compliance with State of New Hampshire Department of Environmental Services rule ENV-A

1607.01 or most recent revision, awarded vendors shall be required to supply a statement of compliance with regard to the sulfur content of the diesel fuel products delivered to the State of New Hampshire. The Statement shall be on company letter head and read: “the sulfur content of the fuel as delivered does not exceed the state or federal standard for that fuel” and signed by a duly authorized agent of that company. These documents shall are kept on file with the bid offers for the term of the contract. The state currently maintains a list of these documents on file and after the bid award process has been completed, the State will notify any awarded vendor to supply the required document if it is not previously on file.

28.12. 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.

28.13. 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).

28.14. 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.

28.15. 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.

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

28.17. 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.

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

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

28.20. 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.

29. FEES AND TAXES:

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

29.2. 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.

30. WARRANTY REQUIREMENTS:

30.1. 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.

31. OBLIGATIONS AND LIABILITY OF THE VENDOR:

31.1. 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.

31.2. 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.

31.3. 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.

32. NON-EXCLUSIVE CONTRACT:

32.1. 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 Services or Deliverables identified under this procurement or make an award by item, part or portion of an item, group of items, or total Proposal.

33. DISASTER RECOVERY:

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

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

34. SAMPLE PRODUCTS FOR EVALUATION:

34.1. All products offered under this contract may be selected by the State at any time, prior to or throughout the term of the contract, to provide for examination and testing. Samples shall be clearly labeled as to the contents and supplier. Samples submitted shall be the same product to be delivered under this contract. All samples must be provided at no charge to the State for each new tank delivery at port.

35. OFFER:

35.1. The bidder offers to sell to the state of New Hampshire the commodities or services indicated at the price or prices quoted and in compliance with the requirements and specifications of the bid. Quotes in lieu of a completed offer sheet will not be accepted.

35.2. Offer sheet is Attachment 1: Vendor Offer Sheet. This is separate from this document and contains fuel estimates per District and mark-up inputs. Vendors may bid on more than one District but must be able to provide all fuel types and deliver to each location listed for each District.

35.3. See Attachment 2: State Locations for a detailed listing of each delivery location per District.

36. SOLICITATION PRICING FORMAT: INDEX BASED BID FORMAT

36.1. Diesel – Bidder(s) must offer prices for ultra-low sulfur diesel fuel from the OPIS “Oil Price Daily” (Portland, NH Low) as the primary terminal in effect on the date of delivery, from the “Daily Petroleum Prices” section.

36.1.1. In the event of pricing issues from OPIS “Daily Petroleum Prices” report, Portland, ME Low will be used as the secondary source.

36.2. B5 Biodiesel – Bidder(s) must offer prices for B5 biodiesel fuel from the OPIS “Gross Wholesale B5 SME

Biodiesel Prices” (Binghamton/Vestal, NY) listed under the “Low Price LSN2 Ultra column of the publication.

B5 may be used as an alternative fuel at time of order.

36.3. The index-based price format is per gallon and shall be offered for each location (see Attachment 2: State Locations). Mark up shall remain fixed and firm for the contract and any extension thereof. Mark-up and transportation prices offered by the successful bidder shall remain firm and unchanged for all products ordered and be added to the appropriate index price on the date of delivery to form the total delivered price per gallon for the term of the contract and any extension thereof and shall include delivery and all other charges.

36.4. Bidder shall offer a mark-up per gallon per category within a region that shall remain firm for the contract term specified and any extension thereof.

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

36.6. Bidders shall base their pricing, during the term of the contract, on the “Oil Price Daily” (Portland, NH Low) price on day of delivery, plus mark-up.

36.7. WINTER: From approximately October through March, Ultra Low Sulfur Diesel may change from the “Portland, NH Low” price to the “Portland, NH High” price to accommodate the Winter Blend shift.

36.8. Fuel price postings may increase or decrease during the term of the contract in accordance with the “Oil Price Daily” postings. Mark-up prices offered by the bidder will include all current taxes and fees to achieve the total mark-up cost per gallon offered by the bidder.

36.9. This value shall be added to the index price posted for the date of delivery to achieve the total price per gallon for the product delivered.

37. VENDOR’S BALANCE OF PRODUCT LINE ITEMS:

37.1. The items in the Offer Section include the items most commonly purchased by State of New Hampshire agencies and shall be used for award purposes. During the term of contract, the State may purchase other items that relate to the product/categories represented herein from the successful Vendor’s Balance of Product Line.

All items ordered shall include all shipping/charges as specified above in “Bid Prices”.

38. VENDOR CONTACT INFORMATION:

38.1. Please provide contact information below for a person knowledgeable of and who can answer questions regarding this bid response.

Contact Person Local Telephone Number Toll Free Telephone Number

E-mail Address Company Website

Vendor Company Name Vendor Address

Vendor Number (provided by State of NH) DUNS and/or SAM.GOV Number

39. DELIVERY TIME:

39.1. 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.

39.2. 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.

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

39.4. State agencies shall contact successful vendor(s) and coordinate deliveries.

39.5. Additional Delivery Requirements:

39.5.1. 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.

39.5.2. Delivery Slip/BOL: All deliveries including tanker loads shall include a bill of lading and / or documentation to identify the type 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.

39.5.3. 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, 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.

39.5.4. 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.

39.6. 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.

39.7. 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.

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

39.9. Delivery Slips:

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

• The quantity of product delivered.

• Description of product delivered.

• Date of delivery.

• Tank I.D. number if available.

• Delivery location, agency and physical address.

• Delivery driver shall make reasonable effort to…