ENE47 Contract User Guide 01.04.2024.docx

ENE47: Ultra Low Sulfur Diesel & Biodiesel Statewide Contract UPDATED: January 4, 2024

*The asterisk is required when referencing the contract in the Massachusetts Management Accounting Reporting System (MMARS).

Table of Contents:

Contract User Guide for ENE47

(NOTE: To access hyperlinks below, scroll over desired section and CTL + Click) NOTE: Contract User Guides are updated regularly. Print copies should be compared against the current version posted on mass.gov/osd.

Updated: January 4, 2024 Template version: 7.0 Page 1 of 12 One Ashburton Place, Suite 1608 Boston, MA, 02108-1552 Tel: (617) 720 - 3300 | www.mass.gov/osd | TDD: (617) 727 - 2716 | Twitter: @Mass_OSD | Fax: (617) 727 - 4527

NOTE: Contract User Guides are updated regularly. Print copies should be compared against the current version posted on mass.gov/osd.

Updated: January 4, 2024 Template version: 7.0 Page 4 of 12 One Ashburton Place, Suite 1608 Boston, MA, 02108-1552 Tel: (617) 720 - 3300 | www.mass.gov/osd | TDD: (617) 727 - 2716 | Twitter: @Mass_OSD | Fax: (617) 727 - 4527

· Contract Summary

· Contract Categories

· Benefits and Cost Savings

· Find Bid/Contract Documents

· Who Can Use This Contract

· Subcontractors

· Supplier Diversity Requirements

· Pricing, Quotes and Purchase Options

· Instructions for MMARS Users

· Emergency Services

· Delivery

· Strategic Sourcing Team Members

· VENDOR LIST AND INFORMATION

· Appendix A: Zone Listing by Town

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Contract Summary This is a Statewide Contract for the purchase and delivery of Ultra Low Sulfur Diesel and Biodiesel. This contract has an additional category not offered in previous contracts which is the option to lock in a fixed price on the purchase of Ultra Low Sulfur Diesel, this is offered in category 3.

Eligible Entities wishing to participate in this contract must make arrangements with the appropriate awarded vendor and must remain with the vendor for twelve months or the remainder of the contract term. Vendors have been directed to request this commitment in writing.

Changes starting July 1, 2021 Per Executive Order 594 signed by Governor Baker on April 22, 2021, all executive branch agencies, public institutions of higher education, and the MBTA non-revenue fleet must meet the following requirements as of July 1, 2021.

· The aforementioned state entities that are subject to Executive Order 594 and that purchase and store diesel fuel at their own facilities shall ensure that any diesel fuel purchased for use in motor vehicles owned and operated by Commonwealth entities shall consist of at least 5% biofuels (i.e., B5). Said biofuels must meet the minimum fuel content specifications outlined in Leading by Example guidance. The B5 or higher biofuel blends purchased through statewide contract ENE47 meet these specifications.

· Agencies shall work with Leading by Example to identify opportunities to increase the biodiesel portion of vehicle fuel consumed to as high a level as is practicable.

· Agencies may be exempt from this requirement if said biodiesel is not readily available or is cost-prohibitive, or if a specific performance constraint is identified.

· Agencies shall also strive to utilize biodiesel fuels in other equipment as is appropriate.

Contract Categories This contract includes 3 categories of as listed below.

Benefits and Cost Savings Statewide contracts are an easy way to obtain benefits for your organization by leveraging the Commonwealth’s buying power, solicitation process, contracting expertise, vendor management and oversight, and the availability of environmentally preferable products.

· Competitive Pricing

· Qualified and Experienced Vendor

· Prompt Pay Discount

· Lower differential pricing for the purchase of 8,000 gallons or more

Find Bid/Contract Documents To find all contract-specific documents, including the Contract User Guide, RFR, specifications, and other attachments, visit COMMBUYS.com and search for ENE47 to find related Master Blanket Purchase Order (MBPO’s) information. All common contract documents are located in the “Master Contract Record” Master Blanket Purchase Order (MBPO) for ENE47 and can be accessed directly by visiting Master Blanket Purchase Order PO-20-1080-OSD03-SRC01-17012.

Who Can Use This Contract Applicable Procurement Law Executive Branch Goods and Services: MGL c. 7, § 22; c. 30, § 51, § 52; 801 CMR 21.00;

Eligible Entities Please see the standard list of Eligible Entities on our Eligible Entities Which May Use Statewide Contracts webpage.

1. Cities, towns, districts, counties and other political subdivisions

2. Executive, Legislative and Judicial Branches, including all Departments and elected offices therein;

3. Independent public authorities, commissions and quasi-public agencies

4. Local public libraries, public school districts and charter schools;

5. Public Hospitals, owned by the Commonwealth;

6. Public institutions of high education

7. Public Purchasing Cooperatives;

8. Non-profit, UFR-certified organizations that are doing business with the Commonwealth;

9. Other states and territories with no prior approval by the State Purchasing Agent required; and

10. Other entities when designated in writing by the State Purchasing Agent.

Subcontractors The awarded vendor’s use of subcontractors is subject to the provisions of the Commonwealth’s Terms and Conditions and Standard Contract Form, as well as other applicable terms of this Statewide Contract. It is permissible to use subcontractors to provide services to the Commonwealth under ENE47. However, the primary Contractor will be held responsible for any and all performance of the subcontractor. Subcontracting will not increase the prices offered by the Contractor in response to this RFR.

Supplier Diversity Requirements When selecting contractors and placing orders, Executive departments shall utilize diverse and small businesses to the extent possible based on contract terms, SDO and departmental policies, laws, and regulations. Additionally, departments shall make a preference for contractors with higher SDP commitments and/or performance whenever such information is available (or is requested from contractors by the department) and the preference is feasible.

OSD provides up-to-date information on the availability of diverse and small businesses on statewide contracts through the Statewide Contract Index available on the COMMBUYS home page. See the “Programs (SDO and SBPP)” tab for current certification and small business status of contractors on this contract.

When soliciting quotes, the following requirements apply:

· Include SBPP contract language and place it prominently within the RFQ.

· Evaluate bids received from, and award a contract to, an SBPP-participating small business that meets the department’s best value criteria.

· Award to a large business only if there is no SBPP participating business meeting departments’ best value criteria.

· Conduct a clarification/BAFO/negotiation before disqualifying an SBPP-participating business based on price or desirable criteria.

· See the Best Value Evaluation of Responses to Small Procurements: A Guide for Strategic Sourcing Teams for additional guidance.

· Make a preference for contractors with higher SDP commitments and/or performance whenever such information is available (or is requested from contractors by the department) and the preference is feasible.

· Note: Departments may ask the prime Contractor for an additional SDP commitment specifically related to the Department’s purchase or engagement. SDP spending for such a purchase or engagement must be reported by the Contractor using the SDP Reporting Form directly to the Department and may not be included in any other SDP reporting filed by the Contractor.

OSD provides up-to-date information on the availability of diverse and small businesses on statewide contracts through the Statewide Contract Index available on the COMMBUYS home page. See the “Programs (SDO and SBPP)” tab for current certification and small business status of contractors on this contract.

Pricing, Quote and Purchase Options Purchase Options All orders should reference ENE47 to ensure buyer’s get statewide contract pricing. The purchase options identified below are the only acceptable options that may be used on this contract. Purchases made through this contract will be direct, outright purchases.

Pricing Options

· Category 1 & 2 - calls for the delivery of Ultra Low Sulfur Diesel (ULSD) and Biodiesel (year round blend of B5, with the options to purchase blends of B10, B15 and B20) to be purchased at a fixed differential price to be applied to the low wholesale Boston Price as published daily in the OPIS-Oil Price Daily (Formerly the JOC). Additional taxes and federal environmental fees will be billed as separate line items on invoices.

Pricing of ULSD and Biodiesel is calculated as:

Summer Blend (Apr-Sep) ULSD Pricing Ultra-Low Sulfur Diesel + Applicable Differential Price = Total Summer Blend Price

Winter Blend (Oct-Mar) ULSD Pricing Ultra-Low Sulfur Diesel Premium* + Applicable Differential Price = Total Winter Blend Price

*Listed as “w/additive”

· Category 3 - calls for the delivery of Ultra Low Sulfur Diesel (ULSD) to be purchased at fixed price, Ceiling/Not-to-Exceed: Contract discounts and other pricing published under the contract represents “ceiling” or “not-to-exceed” pricing, and may be further negotiated.

Product/Service Pricing and Finding Vendor Price Files Product pricing may be found by:

Category 1 & 2, Indexed Pricing To find the published daily index wholesale price, go to the ENEFY24 Daily Pricing Index MBPO record on COMMBUYS.

To access the record manually:

· Go to www.commbuys.com.

· Click on “Contract & Bid Search” on the log-in page.

· Click the radio button for Contracts/Blankets.

· In the Contract/Blanket Description field, type in ENEFY24

· Then click “Find It” (note: hitting Enter won’t work, you must click Find It).

· Access MBPO record number PO-24-1080-OSD03-SRC3-29718.

· Under attachments open the Daily Index file for the date you would like to view. Diesel Prices are second from the top.

The Less Than Truckload Differential (LTL) pricing is applicable for all deliveries 7,999 gallons and under. The Truckload Differential (TL) pricing is applicable for deliveries of 8,000 gallons or more.

ULSD Differential Pricing-Effective 08/1/19:

Zone

ULSD PRM

LTL

ULSD

ULSD PRM

TL

Biodiesel Differential Pricing-Effective 12/31/20:

Zone

LTL

B5

TL

B10

LTL

B10

TL

B15

LTL

B15

TL

B20

LTL

B20

TL

Category 3, Fixed Pricing for Ultra Low Sulfur Diesel The delivery of Ultra Low Sulfur Diesel (ULSD) is purchased as a fixed adder over the weighted average price of the NYMEX for ULSD. The weighted average will be determined at time of purchase by averaging the number of months and/or gallons needed. It is strongly encouraged that eligible entities solicit quotes in zones with multiple awarded vendors. Vendors will work with the individual purchasing entities to determine specific time to lock into the NYMEX, when it is deemed to be most advantageous. The specific volume will be verified when NYMEX is locked in by the purchasing entities. Purchasing Entities reserves the right to roll over purchases to additional months if needed. It is the responsibility of the Contractor and Purchasing Entity to come to a decision of how unused gallons will be handled prior to entering into an agreement and to ensure that this agreement is in writing.

Please note this fixed adder is ceiling, not to exceed pricing. Eligibility entities reserve the right to negotiate a lower fixed adder based on total gallons with the vendor. A minimum of 42,000 gallons must be purchased by the Eligible Entity. It is at the discretion of the Contractor to enter into any agreements less than 42,000 gallons.

East River Energy

Applicable Taxes/Fees:

The following additional taxes and federal environmental fees to be billed as separate line items on invoices:

· State Excise Tax for on-road use: $0.24 cents per gallon

· Federal Leaking Underground Storage Tank (LUST): $0.001 per gallon

· Federal Oil Spill Liability Trust Fund: $0.00214 per gallon

· Massachusetts Uniform Oil Response Fee: $0.00119 per gallon

· Inflation Reduction Act Federal Superfund Tax: $0.17 per barrel or $0.00405 per gallon – Effective January 1, 2023. The tax will be adjusted annually for inflation beginning January 1, 2024.

Setting Up a COMMBUYS Account COMMBUYS is the Commonwealth’s electronic Market Center supporting online commerce between government purchasers and businesses. If you do not have one already, contact the COMMBUYS Help Desk to set up a COMMBUYS buyer account for your organization: (888)-627-8283 or OSDhelpdesk@mass.gov.

When contacting a vendor on statewide contract, always reference ENE47 to receive contract pricing.

Quick Search in COMMBUYS Log into COMMBUYS, and use the Search box on the COMMBUYS header bar to locate items described on the MBPO or within the vendor catalog line items. Select Contract/Blanket or Catalog from the drop-down menu.

How To Purchase From The Contract The Operational Services Division has set up this contract to allow buyers to record contract purchases in COMMBUYS after the purchase has been fulfilled by the vendor. To place an order, buyers will reach out to Statewide Contract Vendors outside of COMMBUYS. Once the vendor’s invoice is received, buyers will record the transaction in COMMBUYS as an RPA Release Requisition within one month of receiving the vendor’s invoice. Use the How to Create an RPA Release Requisition job aid for guidance.

· Document items in COMMBUYS that have already been purchased This type of contract allows buyers to document a contract purchase in COMMBUYS that already has taken place through a Request for Payment Authorization (RPA) Release Requisition. It also allows MMARS users to easily keep track of spend. NOTE: MMARS and COMMBUYS do not interface –payment request and invoice should be reported in both MMARS and COMMBUYS separately. (See guidance below).

Check the Zone listing (on page 11) to determine the city or town where you will have the gasoline delivered. Contact the vendor responsible for that Zone to discuss locations, account requirements and arrange for delivery. The contract covers eight zones across the state. Each zone has one awarded contractor. These contractors are responsible for servicing the eligible users within that zone.

Contract Users should continue to place orders in the normal fashion by contacting the appropriate vendor. Orders should not be placed through COMMBUYS. The order should be recorded once invoices are received using the RPA Release function. This contract has RPA Release enabled to allow contract users to capture spend after-the-fact associated with this contract. Contract Managers have carefully selected the contracts that would qualify for RPA Release transactions. Typically this is due to system or process impracticality and/or emergency situations preventing the standard COMMBUYS purchase order processes from being followed to process paper invoices. For more details please consult the COMMBUYS Policy Document.

ENE47 RPA Guidance When conducting your Item Search, enter ENE47 in the Item Description field. Record the following information on the Items tab in COMMBUYS:

· Line 1: Gallons – Enter the total gallons received under Quantity and the total price under Unit Price. Use GAL as the Unit of Measure (UOM). This total should not include taxes.

· Line 2: Taxes – Enter 1 under Quantity and the total amount of taxes under Unit Price. Use DO as the UOM.

· Accurately enter the invoice number in the Invoice Number field for each item line.

· On the Attachments tab, include scanned copies of all records pertaining to the order, i.e. unofficial email quote, receipt of goods or services, final invoice, etc.

Note: OSD carefully selects contracts (in some cases specific contract categories or situations) that qualify for RPA Release transactions. These typically are situations where the prescribed purchasing process is impractical and/or there exists an emergency that prevents the standard COMMBUYS purchase order process.

If you have a COMMBUYS question, contact the COMMBUYS Help Desk at 888-MA-State (627-8283) or COMMBUYS@mass.gov.

Obtaining Quotes For Category 3 Fixed Price please use the Solicitation Enabled Master Blanket Purchase Order PO-20-1080-OSD03-SRC01-16997, contract users should always reference ENE47 when contacting vendors to ensure they are receiving contract pricing. Quotes, not including construction services, should be awarded based on best value.

For a full description of how to complete a quote in COMMBUYS visit the Job Aids for Buyers webpage, and select:

· The COMMBUYS Purchase Orders section and choose the How to Create a Solicitation Enabled Bid Using a Release Requisition job aid.

Other Discounts

· Prompt Pay Discounts: A discount given to the buyer if paid within a certain time period. These discounts may be found in the Vendor List and Information section below. All discounts offered will be taken in cases where the payment issue date is within the specified number of days listed by vendor and in accordance with the Commonwealth’s Bill Paying Policy. Payment days will be measured from the date goods are received and accepted / performance was completed OR the date an invoice is received by the Commonwealth, whichever is later to the date the payment is issued as an EFT (preferred method) or mailed by the State Treasurer. The date of payment “issue” is the date a payment is considered “paid” not the date a payment is “received” by a Contractor.

Instructions for MMARS Users MMARS users must reference the MA number in the proper field in MMARS when placing orders with any contractor.

Emergency Services Many statewide contracts are required to provide products or services in cases of statewide emergencies. ML - 801 CMR 21 defines emergency for procurement purposes. Visit the Emergency Response Supplies, Services and Equipment Contact Information for Statewide Contracts list for emergency services related to this contract.

Delivery Delivery of Ultra Low Sulfur Diesel and Biodiesel must be made on days and during hours that are acceptable to contract users. Lead time for normal delivery will be 24 hours; 48 hours for holidays and weekends. Deliveries less than 500 gallons will not be subject to any additional charges or service fees. Please refer to the RFR in COMMBUYS by visiting Master Blanket Purchase Order PO-20-1080-OSD03-SRC01-17012 for all delivery requirements.

Strategic Sourcing Team Members

· Melina Limardo, MWRA

· Charles Fino, MWRA

· Michael Woods, Operational Services Division

Vendor List and Information*

(PPD)

SDP Commitment Percentage

contractmgmt@spragueenergy.com

*Note that COMMBUYS is the official system of record for vendor contact information.

**The Master Contract Record MBPO is the central repository for all common contract files. Price files may be found in the individual vendor’s MBPO.

Appendix A:

HOLDEN

HOLLISTON

HOPEDALE

HOPKINTON

HUBBARDSTON

HUDSON

LANCASTER

LEICESTER

WALES

LITTLETON

WARE

WILMINGTON

REHOBOTH

MARLBOROUGH

WEST SPRINGFIELD

WINCHESTER

ROCHESTER

MAYNARD

WESTFIELD

WINTHROP

ROCKLAND

MEDWAY

WESTHAMPTON

WOBURN

SCITUATE

MENDON

WHATELY

SEEKONK

MILFORD

WILBRAHAM

SHARON

MILLBURY

WILLIAMSBURG

SOMERSET

MILLIS

WORTHINGTON

STOUGHTON

MILLVILLE

SWANSEA

NATICK

TAUNTON

NEW BRAINTREE

WALPOLE

NORTH BROOKFIELD

WAREHAM

NORTHBOROUGH

WEST BRIDGEWATER

NORTHBRIDGE

WESTPORT

WHITMAN

WRENTHAM

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