CTR023712_RSI023712_V1.pdf

STATE OF OHIO

DEPARTMENT OF ADMINISTRATIVE SERVICES

GENERAL SERVICES DIVISION

OFFICE OF PROCUREMENT SERVICES

4200 SURFACE ROAD, COLUMBUS, OH 43228-1395

MANDATORY USE CONTRACT FOR: BULK FUELS: UNLEADED GASOLINE/ETHANOL BLEND (87 AND 89 OCTANE), DIESEL FUEL (NO. 2 AND PREMIUM, CLEAR AND DYED), AND NO. 1 FUEL OIL – DISTRICTS 5

AND 10

CONTRACT No.: RSI023712

CONTRACT ID: CTR023712

EFFECTIVE DATES: 9/1/2024 to 9/30/2027

SUPPLIER: Great Lakes Petroleum

SUBCONTRACTORS: GLP Transit, LLC

The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No.

SRC0000019553. The evaluation of the bid response(s) has been completed. The bidder(s) listed herein have been determined to be the lowest responsive and responsible bidder(s) and have been awarded a contract for the items(s) listed. The respective bid response, including the Instructions to Bidders and Standard Terms and Conditions, special contract terms & conditions, any bid addenda, specifications, pricing schedules and any attachments incorporated by reference and accepted by DAS become a part of this Requirements Contract.

This Requirements Contract is effective beginning and ending on the dates noted above unless, prior to the expiration date, the Contract is renewed, terminated or cancelled in accordance with the Contract Terms and Conditions.

CONTRACT RENEWAL. This Contract may be renewed after the ending date of the Contract solely at the discretion of the Contracting Agency for a period of one month. Any further renewals will be by mutual agreement between the Contractor and the Contracting Agency for any number of times and for any period of time. The cumulative time of all mutual renewals may not exceed 36 months unless the Contracting Agency determines that additional renewal is necessary.

This Requirements Contract is available to all State Agencies, State institutions of higher education and properly registered members of the Cooperative Purchasing Program of the Department of Administrative Services, as applicable.

Agencies are eligible to make purchases of the listed supplies and/or services in any amount and at any time as determined by the agency. The State makes no representation or guarantee that agencies will purchase the volume of supplies and/or services as advertised in the Invitation to Bid.

This Requirements Contract and any Amendments thereto are available from the OhioBuys public portal at the following address:

https://ohiobuys.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

Signed: _____________________________________________________________________ Kathleen C. Madden, Director Date https://ohiobuys.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

1 - SPECIFICATIONS AND REQUIREMENTS

1.1. SCOPE

The State of Ohio is seeking bids for various grades of fuels to be used in State and Cooperative Member vehicles, equipment and for the heating of State and Cooperative Member facilities. All products furnished under this Contract must conform to the attached fuel specifications.

The Contract will be awarded based on districts established by the Ohio Department of Transportation (ODOT).

A map of the ODOT districts is included in Section 1.12. The following districts are awarded on this Contract.

1. District 5: Coshocton, Fairfield, Guernsey, Knox, Licking, Muskingum, Perry

2. District 10: Athens, Gallia, Hocking, Meigs, Monroe, Morgan, Noble, Vinton, Washington

This Contract does not apply to any island locations in Lake Erie. These locations may procure their fuel requirements in accordance with the latest Ohio Department of Administrative Services directive.

1.2. CLASSIFICATION

The following fuel types will be available on this Contract:

1. Gasoline, Unleaded, Ethanol Blend, 87 Octane

2. Gasoline, Unleaded, Ethanol Blend, 89 Octane

3. Diesel, No. 2, Clear

4. Diesel, No. 2, Dyed

5. Diesel, Premium, Clear

6. Diesel, Premium, Dyed

7. No. 1 Fuel Oil

1.3. APPLICABLE DOCUMENTS

The latest revisions of the following documents, in part or in full, must apply:

1. ASTM D 4814 - Automotive gasoline

2. Ohio Revised Code (ORC), 1345.01 - Consumer sales practices definitions

3. Ohio Administrative Code (OAC), 109:4-3-18 - Sale and labeling of gasoline which contains alcohol

4. U.S. EPA Clean Air Act, Section 211, 42 USC 7545

5. Ohio Revised Code (ORC) Section 125

1.4. GASOLINE REQUIREMENTS

The following specifications must be met by all gasoline blends provided under this Contract:

1. The gasoline must conform to the listed and additional requirements of ASTM D4814 and its subsequent amendments. Refer to Section 1.9. Table I – Gasoline Specifications for additional information.

2. The fuel will be a gasoline/oxygenate blend, which is a blend consisting primarily of gasoline and a substantial amount of oxygenate (an oxygen-containing organic compound used as a fuel supplement).

For purposes of this bid, the blend must contain no more than 10% ethanol by volume.

3. A change from standard gasoline to an ethanol blend may cause problems to occur with filter clogging.

This may be caused by water in the fuel tanks. Each ordering agency should make sure that tanks are cleaned and filters are changed prior to ordering and receiving the ethanol blend sold under this Contract. Each ordering agency should also confirm that any fueling location (UST, AST), piping, dispensers, etc. are compatible for the ethanol blend. Modifications may be required prior to accepting ethanol blend fuel

4. The specifications require a summer quality, an intermediate quality, and a winter quality of gasoline.

Contractors will be required to furnish gasoline that meets the proper quality for each season as appropriate.

5. The Contractor must submit certification from the refinery or other appropriate documentation with each delivery that indicates the fuel contents and certifies that the fuel meets the required specifications. In the event the Contractor fails to provide certification with the shipment, acceptance of such shipment must be at the discretion of the ordering agency.

http://codes.ohio.gov/orc/1345.01 http://codes.ohio.gov/oac/109%3A4-3-18 https://www.govinfo.gov/content/pkg/USCODE-2013-title42/html/USCODE-2013-title42-chap85-subchapII-partA-sec7545.htm http://codes.ohio.gov/orc/125

6. Agencies may take random samples of gasoline directly from the delivery truck for testing, of which a part must be given to the Contractor's representative or through the driver delivering the gasoline.

7. Additional tests, which are standard to the industry, may be performed at any time to determine the percentage of alcohol and co-solvent additives.

8. If testing confirms that a fuel delivery does not meet the required quality specifications, the Contractor must provide certified samples to the ordering agency prior to dispensing each of the next five deliveries for that ordering agency.

1.5. FUEL OIL AND DIESEL REQUIREMENTS

The following specifications must be met by all diesel and fuel oil fuels provided under this Contract:

1. The No. 1 Fuel Oil must conform to the listed and additional requirements of ASTM D-396 and its subsequent amendments. Refer to Section 1.10. Table II – Fuel Oil Physical and Chemical Requirements for additional information.

2. Diesel fuels must conform to the listed and additional requirements of Federal Specifications A-A- 52557A and its subsequent amendments and ASTM test D975 and its subsequent amendments. Refer to Section 1.11 Table III – Diesel Fuel Physical and Chemical Requirements for additional information.

3. Premium Diesel, either clear or dyed, must be delivered with the appropriate antimicrobial/biocide additive as described in Section 1.11 Table III – Diesel Fuel Physical and Chemical Requirements.

4. From October 1 to March 31 each year, Premium Diesel (clear or dyed) must include a jellying inhibitor additive. The additive will be included in a one part to 1,000-gallon ratio. The additive must be blended thoroughly with the fuel prior to delivery and will not be blended on-site. A mix report indicating the inclusion of the additive must be provided with all deliveries of Premium Diesel. If Premium Diesel (clear or dyed) is provided without the required additive, the ordering agency reserves the right to refuse the delivery. If delivery of the fuel without the additive is accepted, the ordering agency will be charged for No. 2 Diesel, not Premium Diesel.

5. For diesel fuels, when a cloud point less than −12 °C is specified, as can occur during cold months, it is permitted and normal blending practice to combine Grades No. 1 and No. 2 to meet the low temperature requirements. This blended fuel must meet specifications as listed in Section 1.11 Table III – Diesel Fuel Physical and Chemical Requirements. If a blend of this type is required, the Contractor must disclose that the fuel was blended and provide appropriate documentation. This blended fuel must be sold at the daily price for No. 2 Diesel.

6. The Contractor must submit certification from the refinery or other appropriate documentation with each delivery that indicates the fuel contents and certifies that the fuel meets the required specifications. In the event the Contractor fails to provide certification with the shipment, acceptance of such shipment must be at the discretion of the ordering.

7. Diesel fuels must have a minimum storage life of 180 days.

8. Diesel must be ultra-low sulfur diesel (ULSD).

9. Agencies may take random samples of fuel oil/diesel directly from the delivery truck for testing, of which a part must be given to the Contractor's representative or through the driver delivering the fuel oil/diesel.

10. Additional tests, which are standard to the industry, may be performed at any time to determine the materials present in the fuel oil/diesel.

11. If testing confirms that a fuel oil/diesel delivery does not meet the required quality specifications, the Contractor must provide certified samples to the ordering agency prior to dispensing each of the next five deliveries for that ordering agency.

1.6. ORDERS AND DELIVERY

1. Orders must be placed with the Contractor. Contractors will not instruct ordering agencies to place orders with a subcontractor.

2. Ordering agencies may create a blanket purchase order for multiple fuel deliveries to a location or department. Each individual order against this purchase order must be authorized by the ordering agency prior to the delivery of any fuel.

3. No fuel is to be delivered to an unattended location unless prior arrangements have been made with the ordering agency. The delivery driver should contact the pre-arranged delivery contact prior to completing a delivery to an unattended location.

4. Ordering agencies will ensure that fuel ordered in a single delivery will fit in the appropriate tank(s).

Agencies should not over-order a quantity of fuel to “top-off” their tank. The fuel ordered is intended to be delivered to one location, not multiple locations.

5. Orders that will be delivered to a tank that is partially full will be permitted under this Contract. An order for a partial fill that does not exceed the tank space available is not considered a “top-off” order.

6. The delivery driver must check in with the agency contact at the location and present delivery documents prior to delivering fuel unless an unattended delivery has been previously arranged. The delivery driver must provide a copy of any readings, either from a meter or from a stick reading, taken before or after delivery.

7. Demurrage charges may be applied to an order if the unloading of fuel is delayed after the fuel delivery driver’s arrival at the delivery location for reasons outside of the Contractor’s control. Bidders will provide their demurrage charge for each bid district in the Item Grid for that district. Bidders will also provide demurrage hours for each bid district on the Large Quantity Order Delivery Maximum Gallons and Demurrage Hours Form. The form should be completed and attached via the Questionnaire. This information will apply to all orders placed in the awarded district. Failure to provide demurrage information will result in the Contractor being unable to charge for any excessive time to unload.

Deliveries under this Contract may be held for one hour. If deliveries are held for longer than one hour, the Contractor may apply a demurrage charge of $150 to that order.

8. If a fuel delivery vehicle is equipped with a meter to measure dispensed fuel, the meter must be inspected and certified by the Ohio Department of Agriculture, Division of Weights and Measures. Meter readouts must be provided at time of delivery and with the invoice as described in this Contract.

9. If a fuel delivery vehicle is not equipped with a meter to measure dispensed fuel, meter readouts from the location where the fuel was purchased will be accepted. Meter readouts from the fuel purchase location must be accompanied by stick readings taken by the delivery driver before and after the fuel is delivered. Meter readouts and stick readings must be provided at time of delivery and with the invoice as described in this Contract.

10. Metering systems at locations where bulk fuel is purchased for the purpose of fulfilling orders under this Contract must be inspected and certified by the by the Ohio Department of Agriculture, Division of Weights and Measures, or by the equivalent division of the state where the bulk fuel is purchased.

11. In situations where there is a fuel allocation, shortage, natural disaster or unusually large request for fuel, the Contractors are to fulfill requests in the following order of priority:

a. State agencies, boards and commissions; then,

b. State institutions of higher learning and participating political subdivisions that rely on the contract for their primary fuel needs; then,

c. State institutions of higher learning and participating political subdivisions that use the contract on a temporary or intermittent basis.

However, continual failure to accommodate the needs of all classes of participating parties set forth above, regardless of the circumstances, may result in a determination that the Contractor has breached the terms of the Contract.

1.7. LARGE QUANTITY PRICING AND INVOICING

1. Prices will be charged based upon the day the product is delivered. Please refer to Section 3.8 Pricing

Formula for additional pricing details.

2. Orders under this Contract will be a minimum of 200 gallons. For orders less than 200 gallons, the Contractor may charge a minimum delivery fee. Bidders will provide their minimum delivery fee for each bid district in the Item Grid for that district. Failure to provide a minimum delivery fee will result in the Contractor being unable to charge for an order less than 200 gallons.

Minimum delivery fee: $300.00

3. Large quantity orders are determined by the total number of gallons for all fuel types ordered in a single order transaction for a single delivery location. A total order of more than 5,000 gallons will be considered a large quantity order regardless of the type of fuel delivery vehicle(s) that are used by the Contractor to deliver the fuel(s). The large quantity order pricing must be applied for all fuel types in a large quantity order. Bidders will provide a maximum gallon quantity for large quantity orders on the Large Quantity Order Delivery Maximum Gallons and Demurrage Hours Form. The form should be completed and attached via the Questionnaire.

Large Quantity Order Maximum: 7,500 gallons for all fuel products.

4. Bidders will provide a cost differential for standard orders and large quantity orders for all fuel types in each bid district.

5. Fuels must be invoiced based on GROSS delivered gallons. Delivery information that shows a meter printout of gallons loaded into the fuel delivery vehicle at the pickup location and meter and/or stick readings taken before and after delivery should be included with the invoice for that order.

6. Purchase orders must include contact information for both the ship to and the bill to addresses for the ordering agency. Purchase orders must also include a mail to address if different from the ship to or bill to addresses, a contact responsible for answering questions about deliveries or invoices, and email and telephone for this contact.

1.8. ADDITIONAL REQUIREMENTS

1. Technical Assistance: The State of Ohio may request that the Contractor provide technical expertise regarding the product supplied as the result of any Contract award.

2. Safety Data Sheets: Upon request by any facility, material safety data sheets must be submitted by the Contractor.

3. Fuel Contamination: To help prevent fuel contamination, the fuel delivery driver must clean the tank trap each time before dispensing fuel into underground storage tanks.

4. Accidental Release or Spillage: Accidental release or spillage during delivery of product by the Contractor will result in the Contractor being held responsible for all costs of cleanup and disposal of all contaminated materials. Cleanup and disposal must be conducted in accordance with state and federal EPA regulations and guidelines.

5. Fuel Deliveries of Incorrect Type: If a Contractor incorrectly delivers fuel to a tank that contains fuel of a different type (i.e., gasoline delivered into a diesel tank), causing contamination of the fuel due to a mixing of fuel types, the Contractor will be responsible for removing and disposing of all contaminated fuel and replacing an equivalent amount of fuel, both for the incorrectly delivered order and for the fuel in the original tank, at no additional cost. The Contractor will also be responsible for taking appropriate action to resolve any issues resulting from the use of contaminated fuel. The Agency may pursue damages per the terms of the Contract for testing costs or damage to equipment or vehicles.

1.9. TABLE I - GASOLINE SPECIFICATIONS

Properties Summer Grade^ Intermediate Grade Winter Grade^ Min. Max. Min. Max. Min. Max.

Reid Vapor Pressure, PSI (D-323) 9.0 13.5 15 Vapor/Liquid Ratio (D-2533) 20 20 20 Test Temperature, °F. 116° 107° 102° Sulfur, % (D-1266) 0.008 0.008 0.008 Existent Gum, MG/100ML (D-381) 5 5 5 Corrosion, Copper Strip (D-130) No. 1 No. 1 No. 1 No. 1 No. 1

Distillation Temperatures, °F., at % Evaporated (D-86)

10 Percent 140 131 122 50 Percent 170 240 170 235 170 230 90 Percent 365 365 365 End Point 437 437 437

Anti-Knock Index, RON + MON (D-2885) Min. Max.

Unleaded (E10) 87.0

Lead, Grams/Gal.

Unleaded

0.05

^ Time frame to be determined by the successful Contractor's refinery schedule.

1.10. TABLE II - FUEL OIL PHYSICAL AND CHEMICAL REQUIREMENTS

Grade of Fuel Oil

Flash point

°F(°C)

Pour point

°F(°C)

Water & sediment

% by volume

Carbon residue on 10% 60 Homs, %

Distillation temperature °F(°C) 10% 90% point point

No. Description Min. Max. Max. Max. Max. Min. Max.

2 Distillate oil for general purpose domestic heating

100 or legal (38)

20(-6) 0.05 0.35 --- 540 (282)

(338)

Grade of Fuel Oil Specific Gravity Kinematic viscosity centistokes at 104°F (40°C)

Copper strip corrosion

No. Description 80/60°F (Max) °API (Min) Min. Max. Max.

2 Distillate oil for general purpose domestic heating

0.876

1.97

4.1

No. 3

Test ASTM Test Method Number ^Flash point D 93 or D 56 Pour Point D 97 Water and sediment D 1796 Carbon residue: Ramsbottom D 524 Ash D 482 Distillation temperature D 86 Viscosity, kinematic (grades No. 1 and 2) D 445 Copper strip corrosion D 130 ^Sulfur D 1552 or D 129

^ In case of dispute Method D73 and D1552 must be used.

1.11. TABLE III – DIESEL FUEL PHYSICAL AND CHEMICAL REQUIREMENTS

^ To be delivered with antimicrobial/biocide additive. Jellying inhibitor required for winter operation only-October 1 to March 31 (summer operation is from April 1 to September 30)

Note: When a cloud point less than −12 °C is specified, as can occur during cold months, it is permitted and normal blending practice to combine Grades No. 1 and No. 2 to meet the low temperature requirements. In that case, the minimum flash point shall be 38 °C, the minimum viscosity at 40 °C shall be 1.7 mm2/s, and the minimum 90 % recovered temperature shall be waived. If a blend is required, the Contractor must disclose that the fuel was blended.

Properties ASTM Test Method

Values Grade DF-1

(No. 1) Premium^ Grade DF-2 (No. 2)

Density @ 15 °C, g/mL

D1298 or

D4052

Report

Flash point, °F. (°C) min.

D93

100(38) or legal

125(52)

125(52) or legal

Cloud point, °F. (°C) max.

D2500 -15 (-26)

-15 (-26) Winter;

15 (9) Summer

5 (-17) Winter;

10 (-12) Summer

Cold Filter Plug Point (CFPP) °F. (°C) D6371 -20 (-29) Pour point, °F. (°C) max. D97 -15 (-26) -25 (-32) Winter; +5 (-15) S. -10(-23) Winter; 0(-18) Kinematic viscosity @ 100°F. (37.8C) Centistokes, min. 1.3 1.9 1.9 Centistokes, max. 2.4 4.1 4.1 Distillation: D86 50 percent evaporated, °F. (°C) Report Report Report 90 percent evaporated, °F. (°C) max. 550 (288) 640 (338) min. 540 (282)

10% Evaporated °F. (°C)

Report)

Carbon residue, on 10 percent bottoms D524 percent, max. 0.15 0.60 Sulfur, ppm (μg/g), max. D5453 or

D2622

0.05 0.05 15 ppm

Corrosion, max., 3 hours 212°F. (100°C)

D130

0.2

Ash, percent, max. D482 0.01 0.01 0.01 Cetane number, min. D4737 40 45 40 Water & sediment, percent, max. D1796 or

D2709

0.05 0.05 0.005-.01

1.12. STATE OF OHIO DISTRICT MAP

2 - STANDARD TERMS AND CONDITIONS

State of Ohio Standard Terms and Conditions (revised 03/01/24) will apply to this Contract.

3 - CONTRACT SPECIFIC TERMS AND CONDITIONS

3.1. ORDER OF PRIORITY

The order of priority of the Contract will be the following: 1.) Specifications and Requirements; 2) Contract Specific Terms and Conditions; 3) Standard Terms and Conditions.

3.2. AMENDMENT TO CONTRACT TERMS AND CONDITIONS

The following Amendments to the Contract Terms and Conditions do hereby become a part hereof. In the event that an amendment conflicts with the Contract Terms and Conditions, the Amendment will prevail.

3.3. EVALUATION

Bids will be evaluated in accordance with Article I-15 of the “Instructions to Bidders”. In addition, the State will:

multiply the estimated usage of each line item for State entities times the bid cost differential per gallon. These totals will then be added together to determine the lowest cost differential per district. Any item shown with an unknown quantity will be evaluated on the quantity of 1,000 gallons.

3.4. CONTRACT AWARD

The contract will be awarded to the lowest responsive and responsible Bidder by bid district. Failure to bid all items in a bid district may result in the Bidder being deemed not responsive.

3.5. INSURANCE

The following Contract Specific Terms and Conditions remove and replace the corresponding insurance language in the Standard Terms and Conditions. All other requirements within Section V, subsection C, Insurance remain unchanged.

Commercial General Liability: written on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $2,000,000 per occurrence, $4,000,000 aggregate. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

Defense costs shall be outside the policy limit. The State of Ohio, its officers, officials and employees are to be covered as additional insureds on the commercial general liability policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations.

Automobile Liability insurance covering all owned, non-owned or hired vehicles, with a combined single limit of no less than $5,000,000. The policy shall include Cargo Liability, and Pollution Liability coverage equivalent to that provided under the ISO Pollution Liability Broadened Coverage for Covered Autos endorsement (CA 99 48), and the Motor Carrier Act endorsement (MCS 90).

3.6. DELIVERY

Delivery is to be made one (1) day after receipt of order, Monday through Friday 7:30am to 4:00 pm Eastern Time, except state observed holidays, unless emergency conditions dictate otherwise or by special arrangement with the ordering agency. If an ordering agency has provided a blanket purchase order to a Contractor, individual orders that are part of the blanket purchase order must be authorized by the ordering agency prior to fulfillment.

The Contractor must inform the receiving location of the time and date of delivery.

3.7. QUALITY ASSURANCE

All fuels delivered under this Contract must meet the specifications listed for each type of fuel. Fuels must contain no waste products or impurities. Fuel must include any indicated additives as described by this Contract or in the specifications for the fuel. Fuel that does not meet specifications, does not contain appropriate additives, or that contains waste products or impurities, may cause damage to Agency equipment or vehicles. If a Contractor delivers fuel product that is found to not meet the required specifications or contains waste products or impurities, the Contractor will be responsible for taking appropriate action to resolve any issues resulting from the delivery or use of the fuel. This may include, but is not limited to, testing costs, removal and replacement of contaminated fuel, and compensation for damage to equipment or vehicles incurred by the Agency.

3.8. PRICING FORMULA

Beginning on the effective date of this contract, the fuel pricing for this Contract will be adjusted daily, Monday through Friday. The State will use a formula that combines a base daily fuel rate with the Contractor’s cost differential to calculate the daily fuel price for each fuel type in each District. Applicable taxes will then be added https://procure.ohio.gov/static/TCond/Standard_T_C%203-1-24.pdf to the daily fuel price as additional itemized fees. The daily fuel price plus applicable taxes will result in the delivered price for each fuel order. The outlined price adjustment formula must continue for the duration of the Contract. Prices will be per gallon and will be rounded to the nearest hundredth cent.

The base daily fuel rate will be based on wholesale rack pricing for Columbus, Ohio. The Oil Price Information Service (OPIS) Wholesale Rack Report for Columbus, Ohio, entitled “OPIS Wholesale Racks with OPIS Spot Mean”, will be the price reference for the Contract’s price adjustment. Adjustment will be based on the Rack Average (RACK AVG) price, which does not include taxes or discounts, for each fuel type listed in this report. The OPIS Wholesale Rack Report is published and provided to DAS via email daily, Monday through Friday. Each day’s pricing will apply to all deliveries for that day, regardless of the time of day of the delivery.

The following OPIS Wholesale Rack prices will be used for each fuel type:

1. OPIS Gross CBOB Ethanol (10%) Prices will be used for all gasoline.

2. OPIS Gross Ultra Low Sulfur Distillate Prices, No. 2 will be used for No. 1 and Premium Clear Diesel

3. OPIS Gross Ultra Low Sulfur Distillate Prices, No. 1 will be used for No. 1 Fuel, Heating and Diesel, Kerosene.

4. OPIS Gross Ultra Low Sulfur Red Dye Distillate Prices, No. 2 will be used for No. 2 and Premium Dyed

Diesel.

If OPIS ceases publication or a Wholesale Rack Report is no longer available for Columbus, Ohio, the State will identify and implement an alternative reference price index. Contractors will be notified of this change prior to the implementation of the new price index.

The State of Ohio reserves the right to make a change to another price index, whether electronically or in paper form. Contractors will be notified of this change prior to the implementation of the new price index.

Bidders must submit a “Cost Differential”, per gallon, delivered, on the Item Grid. The Cost Differential will include the Bidder’s processing cost, profit, and cost toward F.O.B. destination/pre-paid/allowed delivery. Cost differentials will not include any State or Federal taxes. Each awarded Contractor’s cost differential for a specific fuel type will be added to the base daily fuel rate for each fuel type.

Fuels purchased under this Contract will be for use by a government entity for highway use unless otherwise specified. Certifications that fuel is for use by a government agency will be provided to the Contractor upon request.

Fuels will be exempt from Federal or State sales taxes but may be subject to other Federal or State taxes. The Contractor may include applicable taxes as permitted by law. All applicable taxes will be billed as individual line items on invoices. The ordering agency is responsible for confirming the accuracy of any taxes that the Contractor includes on an invoice. Contractors have the right to collect any increases in these taxes assessed by the Federal or State government during the life of the Contract.

Certain ordering agencies, such as educational institutions, may qualify for additional tax exemptions because of their specific tax-exempt status. These ordering agencies should work with the Contractor directly to resolve their specific tax exemptions. The Contractor must honor all appropriate documented tax exemptions.

In accordance with this Pricing Formula Provision, the delivered price of the fuel delivery of this contract will be calculated as follows:

OPIS Average + Cost Differential + Applicable Itemized Taxes = Delivered Price

3.9. LOW REID VAPOR PRESSURE PRICE ADJUSTMENT

As of April 7, 2017, per 82 FR 16932, no counties in Ohio are subject to previously enacted low reid vapor pressure (RVP) guidelines. The OPIS Wholesale Rack Report does not adjust fuel prices due to RVP. Seasonal price adjustments related to RVP will not be considered.

3.10. FIXED PRICE WITH ECONOMIC ADJUSTMENT

The Contract cost differential(s) will remain firm throughout the initial term of the contract. Thereafter, prior to Contract renewal, the Contractor may submit a request to adjust their cost differential(s) to be effective on the effective date of the Contract’s renewal. No cost differential adjustment will be permitted prior to the effective date, on purchase orders that are already being processed, or on purchase orders that have been filled and are awaiting shipment. If the Contractor receives orders requiring quarterly delivery, the increase will apply to all deliveries made after the effective date of the cost differential adjustment.

Differential increases must be supported by a general price increase in the cost of the services rendered, due to increases in the cost of labor, freight, Workers' Compensation and/or Unemployment Insurance, etc. Detailed documentation, to include a comparison list of the Contract cost differential(s) and proposed differential increases, must be submitted to support the requested adjustment. Supportive documentation should include, but is not limited to: copies of the old and the current price lists or similar documents which indicate the original base cost of the product to the Contractor and the corresponding increase, and/or copies of correspondence sent by the Contractor's supplier on the supplier's letterhead, which contain the above price information and explains the source of the increase in such areas as raw materials, freight, fuel or labor, etc.

Should there be a decrease in the cost differential(s) due to a general decline in the market or some other factor, the Contractor is responsible to notify DAS immediately. The price decrease adjustment will be incorporated into the Contract and will be effective on all purchase orders issued after the effective date of the decrease. If the price decrease is a temporary decrease, such should be noted on the invoice. In the event that the temporary decrease is revoked, the Contract pricing will be returned to the pricing in effect prior to the temporary decrease.

For quarterly deliveries, any decrease will be applied to deliveries made after the effective date of the decrease.

Failure to comply with this provision will be considered as a default and will be subject to the “Suspension/Termination” and the “Contract Remedies” sections of the “Standard Contract Terms and Conditions”.

3.11. COOPERATIVE PURCHASING CONTRACT

This Contract may be utilized by Cooperative Purchasing Members. “Cooperative Purchasing Members” or “Co-op Members” are entities that qualify for participation in the State’s cooperative purchasing program under Section 125.04 of the Ohio Revised Code (“ORC”) and that have completed the steps necessary to participate in that program. They may include Ohio political subdivisions, such as counties, townships, municipal corporations, school districts, conservancy districts, township park districts, park districts created under Chapter 1545 of the ORC, regional transit authorities, regional airport authorities, regional water and sewer districts, and port authorities. They also may include any Ohio county board of elections, state institutions of higher education, private fire companies, private, nonprofit emergency medical service organizations, and chartered nonpublic schools.

If a purchase is made from this Contract by an entity that is not properly registered with the State’s Cooperative Purchasing Program, it may be a violation of law, may be contrary to the entity’s competitive bidding requirements, and will be a breach of this Contract by the Contractor. If a Cooperative Purchasing Member relies upon this Contract to issue a purchase order or other ordering document, the Cooperative Purchasing Member “steps into the shoes” of the State under this Contract. The Cooperative Purchasing Member’s order and this Contract are between the Contractor and the Cooperative Purchasing Member. The Contractor must look solely to the Cooperative Purchasing Member for performance, including payment. The Contractor agrees to hold the state of Ohio harmless with regard to Cooperative Purchasing Member’s orders and Cooperative Purchasing Member’s performance. DAS may cancel this Contract and may seek remedies if the Contractor fails to honor its obligations under an order from a Cooperative Purchasing Member.

3.12. CONTRACTOR QUARTERLY SALES REPORT

The Contractor must report the quarterly dollar value (in U.S. dollars and rounded to the nearest whole dollar) of the sales to Cooperative Purchasing Members under this Contract by calendar quarter (e.g. January-March, April-June, July-September and October-December). The dollar value of the sale is the price paid by the Contract user for the products and/or services listed on the purchase order or other encumbering document, as recorded by the Contractor.

To submit this quarterly sales report, the Contractor is responsible for obtaining access to OhioBuys and must report the quarterly dollar value of sales to Cooperative Purchasing Members to the Department of Administrative Services (DAS) via the Internet using OhioBuys at the following web address:

https://ohiobuys.ohio.gov/page.aspx. If no sales occur, the Contractor must report zero. The report must be submitted no later than thirty (30) days following the completion of the reporting period.

The Contractor shall also submit a close-out report within one hundred and twenty (120) days after the expiration of this Contract. The Contract expires upon the physical completion of the last outstanding task or delivery order of the Contract. The close-out report must cover all sales not shown in the final quarterly report and reconcile all errors and credits. If the Contractor reported all contract sales and reconciled all errors and credits on the final quarterly report, then the Contractor should show zero “0” sales in the close-out report.

If the Contractor fails to submit sales reports, falsifies reports or fails to submit sales reports in a timely manner, DAS may terminate this Contract.

https://ohiobuys.ohio.gov/page.aspx

3.13. CONTRACTOR REVENUE SHARE

The Contractor must pay to the State a share of the sales transacted under this Contract as a fee to the State to cover the estimated costs the State will incur in administering this Contract and the Services offered under it (“Revenue Share”).

The Contractor must remit the Revenue Share in U.S. dollars within 30 days after the end of the quarterly reporting period. The Revenue Share that the Contractor must pay under this Contract equals ¾ of 1% of the total quarterly sales reported. The Revenue Share must be included in the prices reflected in any order and reflected in the total amount charged to the State, and the Contractor may not add a surcharge to orders under this Contract to cover the cost of the Revenue Share.

The Contractor must remit any amount due as the result of a quarterly or closeout sales report at the time the quarterly or closeout sales report is submitted to the Department of Administrative Services, Office of State Purchasing. To ensure the payment is credited properly, the Contractor must identify the payment as a “State of Ohio Revenue Share” and include this Contract number, total report amount, and reporting period covered.

Contractor will pay the Revenue Share by check remittance, both normal and overnight, credit card payment via the State’s epayment portal, or ACH payment, if approved by the State, using the instructions below.

Check remittance:

Follow the remittance instructions on the required Quarterly Sales Report and Revenue Share Remittance Form at the following link, https://das.ohio.gov/revenueshareform.

Credit Card Payments:

To pay by credit card, use the following link, https://epay.das.ohio.gov/Payment, select “Revenue Share” as the payment type and follow the on-screen prompts.

ACH Payments:

If this payment method is approved by the State, the State will provide payment instructions to Contractor.

If the full amount of the Revenue Share is not paid within 30 days after the end of the applicable reporting period, the non-payment will constitute a contract debt to the State. The State may setoff any unpaid Revenue Share from any amount owed to the Contractor under this Contract and employ all other remedies available to it under Ohio law for the non-payment of the Revenue Share. Additionally, if the Contractor fails to pay the Revenue Share in a timely manner, the failure will be a breach of this Contract, and the State may terminate this Contract for cause as set forth herein and seek damages for the breach.

4 - INVITATION TO BID INSTRUCTIONS

Instructions, Terms and Conditions for Bidding that apply to the solicitation.

5 - SPECIAL INSTRUCTIONS TO BIDDERS

5.1. DESCRIPTIVE LITERATURE

The Bidder may be required to submit descriptive literature of the supplies or services being offered. If requested, the literature will be used in the evaluation process to determine the lowest responsive and responsible bidder. If not provided as part of the bid response, the Bidder must provide said literature within seven calendar days after request/notification by the Office of Procurement Services to do so. Failure of the bidder to furnish descriptive literature either as part of their bid response or within the time specified herein will deem the bidder not responsive.

5.2. PRODUCT SAMPLES

The Bidder shall submit samples of two solicited fuel types before the indicated due date and time of the bid response. The samples will be for: Diesel, No. 2, Clear; and Diesel, Premium, Clear. Samples not received by the due date and time of the bid response will result in the bidder being deemed not responsive. The samples will be used in the evaluation process to determine the lowest responsive and responsible bidder. The samples shall be clearly marked with the Bidder’s name and contact information and delivered to the following address:

Ohio Department of Transportation Office of Materials Management, Chemical Section ATTN: Troy Timbrook https://das.ohio.gov/revenueshareform https://epay.das.ohio.gov/Payment https://procure.ohio.gov/pdf/OhioBuys_ITB_Instructions_to_Bidders_030921.pdf

1600 West Broad St.

Columbus, OH 43223

In addition, product samples for Premium Clear Diesel will be required, twice annually, throughout the term of the Contract. Winter blend Premium Clear Diesel samples must be received by October 1, and Summer blend Premium Clear Diesel samples must be received by April 1. Samples must be clearly labeled so the sample is identifiable. The sample shall also include certified, quantitative test data signed by a company representative.

The data should include results for the following tests:

Cloud Point ASTM D 2500 Density @ 15C, g/ml ASTM D 1298 or ASTM D 4052 Flash Point ASTM D 93 Distillation ASTM D 86 Cetane Index ASTM D 4737

After award of the contract, the samples will be used as a basis of comparison with actual product delivered under contract. Any variation between the samples and product being delivered will be considered as an event of default. Any variations between the samples and actual product being delivered that are due to manufacturer changes may be acceptable and shall require prior written approval from DAS.

5.3. BRANDS

Bidders will provide the name(s) of fuel brands that the bidder intends to deliver as part of this Contract in the Item Grid for each bid district. All listed brands must meet the specifications required for fuel types covered under this Contract. Fuel that is found to not meet the required specifications may result in further contract action as defined in the terms of this Contract. If a Contractor needs to provide a brand of fuel that is not listed in the Contract, the Contractor must inform the ordering agency of the change in brand.

The brands bid by the awarded Contractor for this Contract are Husky, BP, Marathon, Shell, Sunoco, XOM, PBF, and MPC.

5.4. LICENSE, REGISTRATION OR PERMITS

Bidders must be licensed fuel dealers and/or refiners and must provide written documentation of such licenses, registrations and permits. Documents should be completed and attached via the Questionnaire.

5.5. TRANSPORT CAPABILITY

Bidders must be capable of handling deliveries of products under this contract. Bidders must provide supporting documentation as part of their bid response that includes the following:

1. A list of the Bidder’s distribution facilities and geographical location of these distribution facilities.

2. A statement from the Bidder indicating their ability to deliver within the proposed time frame.

3. If the Contractor will use subcontractor(s), each subcontractor must provide a statement stating the subcontractor’s ability to perform deliveries under this Contract.

4. Evidence that the Bidder maintains a permanent place of business, has adequate equipment, has adequate transportation vehicles to supply the required products, and has suitable financial status to meet obligations incident to the work.

Documents should be completed and attached via the Questionnaire. The State may make any investigations it deems necessary to determine the ability of the Bidder to deliver product as expected under this Contract. The Bidder must furnish additional information to support this determination upon request. Requested documentation must be provided within seven calendar days of the request. Failure of the Bidder to furnish the requested documentation within the time specified will result in the Bidder being deemed not responsive. DAS reserves the right to reject any bid if the evidence submitted fails to satisfy that the Bidder is properly qualified to carry out the obligations of the Contract. Conditional bids will not be accepted.