ENE52 Contract User Guide .06.05.25.docx

ENE52: No.2 Heating Fuel and APS Eligible Liquid Biofuel UPDATED: June 5, 2025

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

Table of Contents:

Contract User Guide for ENE52

(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: June 5, 2025 Template version: 8.0 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: June 5, 2025 Template version: 8.0 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

· Environmentally Preferable Products

· Emergency Services

· Additional Information/FAQ's

· Strategic Sourcing Team Members

· VENDOR LIST AND INFORMATION

· Appendix A: Zone Chart

· Appendix B: Truck Safety Standards Issued by RMV

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Contract Summary This is a Statewide Contract for No. 2 Heating Fuel and APS Eligible Liquid Biofuel. New entities wishing to participate in this contract must make arrangements with the appropriate awarded vendor in October/November to be included in the upcoming heating season and must remain with the vendor for the duration of the heating season (Oct-Mar). Vendors have been directed to request this commitment in writing. After October/November, new entities are added at the discretion of the vendor.

Per Executive Order 594 signed by Governor Baker on Earth Day April 22, 2021, all agencies still utilizing heating oil as of July 1, 2021, shall ensure that any heating oil product purchased shall consist of at least 10% biofuels (i.e., B10). Said biofuels must meet the minimum fuel content specifications outlined in LBE guidance. Agencies shall work with LBE to identify opportunities to increase biofuel consumption to as high a level as is practicable. Agencies may be exempt from this requirement if biofuels are not readily available or are cost prohibitive, or if a specific performance constraint is identified.

*'Massachusetts APS Eligible Liquid Biofuel shall meet the definition found at 225CMR16.02 and shall comply with all the requirements of 225CMR16.02 and 225CMR16.05 and related guidelines.

Vendors must obtain the written agreement of customers ordering biofuels specifying the maximum percentage biofuel to be delivered and based upon the specifications and warranty of the equipment consuming the fuel.

Contract Categories This contract includes 3 categories of products/service 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 Vendors

· Prompt Pay Discount

· Environmentally Preferable Products

Find Bid/Contract Documents

· To find all contract-specific documents, including the Contract User Guide, RFR, specifications, price sheets and other attachments, visit COMMBUYS.com and search for ENE52 to find related Master Blanket Purchase Order (MBPO) information.

· To find all contract-specific documents, including the Contract User Guide, RFR, specifications, and other attachments, visit COMMBUYS.com and search for ENE52 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 ENE52 and can be accessed directly by visiting Master Blanket Purchase Order PO-22-1080-OSD03-SRC01-23109

· To find vendor-specific documents, including price sheets, see links to individual vendor MBPOs on the Vendor Information page.

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.

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.

When selecting vendor(s) without soliciting quotes or a statement of work, Executive Departments should follow below guidance:

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 selecting vendor(s) from multiple quotes and statement of work, Executive Departments should follow below guidance:

Requirements of the Small Business Purchasing Program for Small Procurements (expected annual value of $250,000 or less) or the Supplier Diversity Program for Large Procurements (expected annual value exceeding $250,000) apply to Executive Departments soliciting quotes or issuing statements of work.

Small Business Award Preference: In accordance with the Supplier Diversity Office’s SBPP Policy, Departments must award contracts for Small Procurements to SBPP-participating small business bidders if both of the following conditions are met:

· The response is received from an eligible small business; AND

· The response meets the Department’s best value criteria as defined in the RFR or RFQ.

SDP Commitment: Businesses awarded large Commonwealth contracts for goods and services (also called prime contractors or prime vendors) are required to make measurable financial commitments to do business with one or more diverse businesses (often called SDP Partners). This business-to-business relationship requirement applies to all Large Procurements for goods and services, which were historically defined as those expected to exceed $150,000 in total spending. Effective July 1, 2021, Large Procurements will be defined as those expected to exceed $250,000 in annual spending.

Executive departments should take into consideration contracted vendors SDP commitments when evaluating responses. Specifically, the following fields of the new SDP Plan Form correspond to the goals stated above:

SDP policy link or attachment (if any)

Additional creative initiatives (if any)

SDP commitment – subcontracting

Evaluate the bidder’s SDP commitment.

SDP commitment – ancillary

SDP commitment – total

Company prior year spending with the list of partners (if available)

Key Evaluation Requirements The following key requirements apply to the evaluation of submitted SDP Plans:

· At least 25% of the available evaluation score must be dedicated to the evaluation of the bidder’s SDP Commitment.

· The majority of the SDP evaluation score should be dedicated to the bidder’s SDP commitment.

· bidders offering more value in their SDP Plan submissions must receive higher scores.

Other Requirements:

· Include SBPP contract language and place it prominently within the RFQ. See SDO Template Language.

· 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.

· See the Best Value Evaluation of SDP Plan Forms: A Guide for Strategic Sourcing Teams for additional guidance.

1. 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 Pricing and Buying Details All orders should reference ENE52 to ensure buyers get statewide contract pricing.

Category 1 and Category 2 To verify the commodity price for heating fuels in this category 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 Daily Index Pricing

· Then click “Find It” (note: hitting Enter will not work, you must click Find It)

· Under attachments open the file for the date you would like to view The Less Than Truckload Differential (LTL) pricing is applicable for all deliveries under 8,000 gallons. The Truckload Differential (TL) pricing is applicable for deliveries of 8,000 gallons or more.

No. 2 Heating Oil and Massachusetts *APS Eligible Liquid Biofuel minimum 10% biofuel The delivery of No.2 Heating Oil and APS Eligible Liquid Biofuel is purchased at a fixed differential price to be applied to the average of the high and low wholesale Boston Price as published daily in the Oil Price Daily an OPIS Publication.

Total Price per Gallon = Daily Commodity Price + Applicable Differential Price (additional taxes and federal environmental fees to be billed as separate line items on invoices) Category 1 No. 2 Heating Oil - Pricing Effective 10/01/2021

Category 2 Massachusetts APS Eligible Liquid Biofuel minimum 10% biofuel - Pricing Effective 10/01/2021

Category 3, Fixed Pricing The delivery of No.2 Heating Oil is purchased as a fixed adder over the weighted average price of the NYMEX for No. 2 Heating Oil. 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.

Category 3 Fixed Pricing No. 2 Heating Oil - Pricing Effective 10/01/2021

0.4913

0.4850

0.4754

0.7274

Additional Taxes and Federal Environmental Fees The following additional taxes and federal environmental fees to be billed as separate line items on invoices:

· Federal Leaking Underground Storage Tank (LUST): $.001 per gallon

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

· Massachusetts Uniform Oil Response Fee: $0.00119 per gallon

· NORA Fee: $0.0020 per gallon

· Inflation Reduction Act Federal Superfund Tax: $0.00619 per gallon – The Superfund tax was reinstated beginning 1/01/23 and is adjusted annually for inflation. The inflation adjusted rate for 2024 is $0.26 cents per barrel of crude beginning 01/01/2024.

Product/Service Pricing and Finding Vendor Price Files Product pricing may be found by the vendor information page, where links to all the vendors MBPO’s should be provided 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 ENE52 to receive contract pricing.

Quick Search in COMMBUYS Log into COMMBUYS, 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.

There are four vendors on this contract and each vendor has been assigned a unique Master Blanket Purchase Order (PO). Vendor prices are located on the description for each line item identified with the Master Blanket Purchase Order.

How To Purchase from The Contract

· 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.

Vendors must obtain the written agreement of customers ordering biofuels specifying the maximum percentage biofuel to be delivered and based upon the specifications and warranty of the equipment consuming the fuel.

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

· The COMMBUYS Requisitions section, choose the How to Create an RPA Requisition job aid.

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

Environmentally Preferable Products (EPP) EPP Requirements:

As the CDC has found that COVID-19 is contracted primarily through airborne transmission, organizations may wish to reevaluate cleaning protocols and apply disinfectants to surface areas only as needed. Disinfectants used for this purpose should be listed on EPA’s List N: Disinfectants for Use Against SARS-CoV-2, and it is recommended to choose safer disinfectants (find more information about safer disinfectants on the Toxics Use Reduction Institute’s COVID-19: Safely Clean & Disinfect webpage) which may be found on the FAC118: Environmentally Preferable Cleaning Products, Programs, Equipment and Supplies contract. In addition, hand sanitizers must contain at least 60% ethanol per the Centers for Disease Control (CDC) guidance.

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.

Additional Information/FAQs 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.

Strategic Sourcing Team Members

· Sara Siddall, Operational Services Division (inactive)

· Michael Woods, Operational Services Division Vendor List and Information*

PPD

Category 1

0.3% – 15 days

Category 2

0.3% – 15 days

Category 3

0.3% – 15 days

*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.

*** The Solicitation Enabled MBPO is only to be used to obtain quotes for category 3 fixed pricing.

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

Appendix B: Truck Safety Standards Issued by RMV

Truck Safety Standards The RMV enacted new regulations (540 CMR 4.10 to 4.13) that apply to certain registered motor vehicles, trailers, semi-trailers and semi-trailer units classified as class 3 or above by the Federal Highway Administration, with a gross vehicle weight (GVW) rating of 10,001 pounds or more (“Heavy Vehicles”). Heavy Vehicles that are (1) leased or purchased by the Commonwealth on or after January 1, 2023, or (2) operated under contracts with the Commonwealth executed on or after January 1, 2025, that require the use of Heavy Vehicles in writing or by necessary implication, must be equipped with the following truck safety devices:

· Lateral protective devices (LPD), commonly called “Side Guards,”

· Convex mirrors,

· Crossover mirrors, and

· Back-up cameras.

For snow and ice management and removal services and towing services, these regulations apply to Heavy Vehicles operated under contracts with the Commonwealth that were executed on or after July 1, 2025. Heavy Vehicles affected by the RMV regulations must be certified as compliant with these requirements beginning 12/31/2025 using the RMV portal. Please refer to MassDOT’s guidance here for information about updates on truck safety devices, the certification and waiver process, and guidance for contractors. Further guidance will soon be available on the OSD website.

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