ENE53 Diesel RFR_Amended_04_30_24.docx

COMMONWEALTH OF MASSACHUSETTS

OPERATIONAL SERVICES DIVISION

Request for Response (RFR)

Document Title: Ultra-Low Sulfur Diesel & Biodiesel Contract

Agency Document Number: ENE53

COMMBUYS Bid#: BD-24-1080-OSD03-OSD03-96473

March 28, 2024

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on www.COMMBUYS.com. Bidders are responsible for reviewing and complying with all Bid requirements. Bidders may contact the OSD Help Desk at OSDHelpdesk@mass.gov or at 1-888-MA-STATE for technical assistance with COMMBUYS. The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern time, as applicable, except on federal and state holidays.

Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFR information in an alternative format, must communicate such requests in writing to the contact person. Requests for accommodation will be addressed on a case-by-case basis. A Bidder requesting accommodation must submit a written statement which describes the Bidder’s disability and the requested accommodation to the contact person for the RFR. The SST reserves the right to reject unreasonable requests.

Revision History

· Sec 3.16 Guaratee/Accidents/Spills

· Sec 7.6.3: Statewide Contract Administration Quarterly Fee Payment and Report

· Sec 7.6.3.1 Quarterly Fee Payment

REQUEST FOR RESPONSE Ultra-Low Sulfur Diesel & Biodiesel

Document Sensitivity Level: High during development; Low once published. Template v 4.0.0

REQUEST FOR RESPONSE Ultra-Low Sulfur Diesel & Biodiesel

Table of Contents Page iv Document Sensitivity Level: High during development; Low once published.

INTRODUCTION AND BID OVERVIEW

Summary Description of Procurement The Commonwealth of Massachusetts and the Ultra-Low Sulfur Diesel & Biodiesel Strategic Sourcing Team (SST) are soliciting Bidders for the acquisition of (1) Ultra-Low Sulfur Diesel (ULSD) and (2) Biodiesel (B5, B10, B15, B20) for year round delivery with the ability to purchase other blend percentages at the discretion of contract users, these numbers denote the percentage of renewable biofuel that is blended with Ultra-Low Sulfur Diesel. The resulting Contract will serve as the primary Statewide Contract used by Executive Agencies of the Commonwealth for the goods and services covered by the Contract. The resulting contract will replace ENE47. The Contract will also be available for use by other Eligible Entities.

This contract has an additional category not offered in previous contracts which is the option to bid on Fixed Pricing for Biodiesel (Category 4).

Please note a change to the SDP commitment. The requirement is now a minimum of 1% commitment.

OSD is actively engaged in discussions to enhance environmental and climate preferable product offerings. The SST intends to attract Bidders and partner with vendors capable of providing a robust product catalog that includes environmental and climate preferable products. This includes products that assist the Commonwealth in achieving Net Zero emissions by 2050 and furthers the Commonwealth’s efforts to combat climate change and protect vulnerable communities. It includes products that improve energy and water efficiency, acceleration of the decarbonization of fuels, reduce toxicity, promote sustainable manufacturing, and make recycling of products and supplies easier to meet Executive Order 594 and the Green Communities Program.

For more information on the Commonwealth of Massachusetts climate and environmental regulations, policies and executive orders see Section 3.19 Environmental Specifications of this RFR.

Commodities: 15-10-15-05 Diesel Fuel, 15-10-18-01 Biodiesel

This contract will have the following categories:

· Category 1: Ultra-Low Sulfur Diesel

· Category 2: Biodiesel

· Category 3: Fixed Pricing for Ultra-Low Sulfur Diesel

· Category 4: Fixed Pricing for Biodiesel

Estimated Procurement Calendar

https://us02web.zoom.us/meeting/register/tZMtcuGorTwiEtE9wc9Wtc0VU1xVL-dTp4vU

Training for Online Submission – Contractors that have not previously submitted electronic quotes via COMMBUYS are strongly encouraged to attend training.

Dates and Times Available:

4/23/24 – 10:00AM EST

5/9/24 – 1:00PM EST

5/22/24 – 10:00AM EST

Online Webinar:

This interactive webcast provides instructions on several activities: Locating and responding to bids; Using the bid Q&A feature; Creating a quote response; Revising a Quote response. Access the webcast here.

Late bids will not be considered.

Note: See Appendix 2, "Instructions for Vendors Responding to Bids Electronically through COMMBUYS" for instructions on how to register for live webinar and additional trainings that may be helpful to prospective bidders.

Visit https://www.mass.gov/doc/vendor-schedule/download for additional Instructor-Led Training and Webinar dates.

Times are Eastern Time (US), as displayed on the COMMBUYS system clock after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail. Bidders are responsible for checking the Bid record, including Bid Q & A, on COMMBUYS for Procurement Calendar updates.

Submission of Bid Questions The “Bid Q & A” function in COMMBUYS allows Bidders to ask written questions and receive written answers regarding this Bid. To locate the Bid Q & A, log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q & A” button allows Bidder’s access to the Bid Q & A page.

All questions must be submitted through the Bid Q & A page. Questions must be asked prior to the Deadline stated in the Estimated Procurement Calendar. The Strategic Sourcing Team (SST) reserves the right not to respond to late questions. Bidders are responsible for verifying that their questions are recorded in COMMBUYS and appear on the Bid Q & A page.

Questions submitted to the SST outside of COMMBUYS will not be answered.

Content entered must be suitable for public viewing. Bidders must not include inappropriate content, including but not limited to, information that could be considered personal, security sensitive, inflammatory, incorrect, or collusory. The SST reserves the right to edit or delete any inappropriate content.

All answers are final when posted. Any subsequent revisions to previously provided answers will be dated.

Bid Amendment Deadline Although Bidders may submit quotes any time after the Bid Release Date and prior to the Bid Opening Date, Bidders should ensure that their quotes are based upon the final versions of the RFR and its attachments. Final versions of RFR and its attachments are available after the Bid Amendment Deadline date.

The SST reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid, and any Bid Q & A records related to this Bid. The SST and the Commonwealth accept no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS. At the SST’s discretion, the Bid Amendment Deadline may be extended. As stated above, it is the responsibility of the bidder for checking the Bid record in COMMBUYS for revisions and updates.

Bidders Conference The Bidders Conference is a physical, web or telephone conference conducted by the SST for the purpose of informing prospective Bidders about general Bid information. All questions related to the scope and technical requirements should be submitted using the Bid Q and A module in COMMBUYS.

Attendance is mandatory. The Bidders’ Conference will take place:

April 11, 2024 1:00-2:00PM EST https://us02web.zoom.us/meeting/register/tZMtcuGorTwiEtE9wc9Wtc0VU1xVL-dTp4vU

Please refer to the Bidders Conference section of the Header Information for this Bid in COMMBUYS for any updated information, including the location, time, and date of the Bidders’ Conference.

Late Bids will not be Considered Bid responses must be received in full by the bid opening date and time shown on COMMBUYS ("Bid Opening Date/Time", i.e., the Deadline for Quotes/Bid Responses). Proposals received after the deadline will be ineligible for consideration and deemed non-responsive. Each bidder/offeror must submit all required bid response forms electronically through COMMBUYS. When submitting a quote electronically through COMMBUYS, please allow sufficient time to complete any online forms and upload documents. If you are in the middle of uploading your proposal when the deadline is reached, the system will stop the process and you will be unable to submit your Quote. It is recommended that Quotes be submitted as far in advance as possible before the deadline to allow time to obtain assistance from the OSD Help Desk if needed.

Debriefing The SST will conduct debriefings for unsuccessful Bidders, if requested within 14 calendar days of notification that your Quote has not been selected for an award. Debriefing guidelines will be provided in advance prior to the debriefing.

Additional Bid Information

Anticipated Contract Duration:

The initial term of this Contract is five (5) years . This Contract has zero (0) options to renew. The maximum contract end date will be July 31, 2029.

Estimated Value of the Contract The estimated number of gallons of annual purchase(s) resulting from this Bid:

· Category 1: 5 million gallons

· Category 2: 110,000 gallons

· Category 3: 842,000 gallons

· Category 4: New category

This Estimated Value was derived by reviewing Contractor sales reports to Commonwealth of Massachusetts eligible entities for FY 2022.

The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders and are not to be relied upon as any indication of future purchase levels.

The Commonwealth makes no guarantees that any commodities or services will be purchased from any contract resulting from this RFR. Any volume estimates provided in this RFR are included only for the convenience of bidders and are not to be relied upon as any indication of future purchase levels. Neither the Commonwealth nor the contract users make any guaranty of volume of Ultra Low Sulfur Diesel and Biodiesel to be purchased under this contract.

Estimated Number of Awards The target maximum number of awards for Category 1 (ULSD) is one (1) awarded Contractor per zone, there are nine (9) zones (zones are defined in the “Zone Listing” attachment on the COMMBUYS bid).

The target maximum number of Contractors for Category 2 (Biodiesel) is one (1) awarded Contractor per zone, there are nine (9) zones (zones are defined in the “Zone Listing” attachment on the COMMBUYS bid).

The target maximum number of Contractors for Category 3 (Fixed Pricing ULSD) is undefined, there will be multiple awards per zone. There are nine (9) zones (zones are defined in the “Zone Listing” attachment on the COMMBUYS bid).

The target maximum number of Contractors for Category 4 (Fixed Pricing Biodiesel) is undefined, there will be multiple awards per zone. There are nine (9) zones (zones are defined in the “Zone Listing” attachment on the COMMBUYS bid).

The SST may award more or fewer contracts in each category, if it is in the best interests of the Commonwealth to do so.

Adding Contractors after initial Contract Award OSD and the SST may determine during the life of this contract that additional Contractors are necessary to meet Buyer’s needs and/or to obtain additional products or services. Additional Contractors may first be drawn from qualified Bidders which responded to this Bid but were not awarded contracts and/or the Bid may be reopened to obtain Quotes from additional Bidders. Contract reopening will be offered at the sole discretion of OSD.

Acquisition Method(s):

Entities Eligible to Use the Resulting Contract Any Contract(s) resulting from this Bid will be open for use by the following entities:

· Cities, towns, districts, counties, and other political subdivisions

· Executive, Legislative and Judicial Branches, including all Departments and elected offices therein

· Independent public authorities, commissions, and quasi-public agencies

· Local public libraries, public school districts and charter schools

· Public hospitals owned by the Commonwealth

· Public institutions of higher education

· Public purchasing cooperatives

· Non-profit organizations that are doing business with the Commonwealth;

· Other states and territories with no prior approval by the State Purchasing Agent; and

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

Each eligible entity is responsible for executing its own purchase orders and paying its own invoices for goods and/or services acquired from this Contract. Contractors will be responsible for marketing their goods and/or services to Commonwealth Agencies and other eligible entities.

Bidder Qualifications

Company experience The bidder shall submit on the Bidder Response Form a profile of the firm’s operations, including but not limited to the years the bidder has been in business [minimum of five (5) years], experience in the handling and delivery of Ultra-Low Sulfur Diesel and/or Biodiesel and a description of bidder's current business in Massachusetts.

Years in the industry of the Bid Bidders must have been in the business of providing the acquisition of (1) Ultra-Low Sulfur Diesel (ULSD) and/or (2) Biodiesel (B5) for year round delivery with the ability to purchase other blend percentages (B10, B15, B20) at the discretion of contract users for at least the five (5) most recent consecutive years prior to the RFR submission deadline (See RFR Section 1.2, Estimated Procurement Calendar).

In the case of companies formed fewer than five (5) years prior to this date via merger, acquisition or some other means, the SST may consider the experience of all companies involved in the merger or acquisition.

Employee and/or business technical/business experience, certifications, licenses The bidder shall submit on the Bidder Response Form bidder profile information, company experience, and contact(s) who will be responsible for the overall management, reporting and ensuring adherence to the performance measures of this contract during normal business hours.

Category 2 & 4 – Biodiesel and Fixed Pricing Biodiesel BQ-9000® Producer Certification for Category 2 (Biodiesel) and Category 4 (Fixed Pricing Biodiesel) is preferred, but not required. Bidders not certified as BQ-9000® Marketers must source B100 product from a BQ-9000® Producer. Refer to Section 3.1.2 for more information.

Emergency Response Capabilities Contractor must have available dispatch services 365 days a year / 24 hours a day / 7 days a week. The need for emergency delivery will occur and the Contractor must provide 24 hour, 365 day coverage. If emergency deliveries become a recurring problem, the Contractor must seek resolution via contact with the Contract Manager at OSD.

Financial stability including bankruptcy, litigation and contract defaults The bidder shall submit on the Bidder Response Form a description of any and all investigations, indictments or pending litigation by any federal, state or local jurisdiction relating to the bidder, any officer, director, partner or member thereof, any affiliate or any related company and any other requested information.

Bidders must also provide a list of any outstanding contingencies, such as lawsuits or other claims or charges, against the Bidder related to performance of the services sought under this RFR.

Certificate of Financial Good Standing Bidders must provide a Certificate of Financial Good Standing from the Department of Revenue (DOR). Visit DOR website DOR Certificate of Good Standing and/or Corporate Tax Lien Waiver FAQs | Mass.gov for more information.

For out of state Bidder: If a certificate from DOR is not available, Bidder must provide documentation/ justification to be reviewed by the SST. The SST reserves the right to request additional information/ clarification.

Comprehensive General Liability Insurance The Contractor and all subcontractors, at their own expense, must maintain during the life of the contract comprehensive general liability insurance written on an occurrence basis, including without limitation the following coverage: bodily injury and death liability; personal injury liability (with no employee exclusion): Independent Contractor protective liability; broad form property damage and contractual liability. This insurance shall not contain a care, custody and control exclusion. The policy must identify the Commonwealth of Massachusetts as an additional insured or as designated and agreed upon by purchasing eligible entity. This insurance shall be written with respect to all coverage, for not less than the following policy limit: one million ($1,000,000) per each occurrence and one million ($1,000,000) aggregate.

ULSD & Biodiesel Suppliers Bidders must provide on the Bidder Response Form supplier information for which they are sourcing Ultra-Low Sulfur Diesel or Biodiesel if sourcing outside of their company’s facility.

References and reference information and/or requirements Bidders must provide contact information for at least five (5) references from any institutional account in addition to the largest customer in MA if available, and who have ordered ULSD and/or Biodiesel by delivery in the past five (5) years immediately preceding the RFR submission deadline. The SST reserves the right to utilize information gathered from references and historical information when scoring responses. The SST may contact any reference for clarification or further questions as needed, and it is the Bidder’s responsibility to facilitate their responsiveness if needed or provide a substitute reference. Reference information must be provided in the “Bidder References” section of the Bidder Response Form.

COMMODITY, ENVIRONMENTAL, AND COST SPECIFICATIONS

Commodity Specifications Ultra-Low Sulfur Diesel (ULSD) must comply with the latest version of ASTM D975 (Standard Specification for Diesel Fuel) and any other applicable Federal and/or Commonwealth of Massachusetts regulations and laws, in addition to the following:

Additives:

*Winter = October 1st through March 31st.

Lubricity Additive must be nonacid, nonmetallic and contain no naturally sourced molecules which may affect engine operations and must contain less than 15ppm sulfur.

Biodiesel fuel suppliers of the contract are required to purchase from producers who are BQ-9000® certified when available. In cases when a producer is not BQ-9000® certified a producer is required to meet the following standards and procedures in lieu of certification. Fuel that is produced is required to be verified as follows:

· Test fuels daily during all production times using an ASTM-certified Quality Trait Analysis (QTA) testing machine to verify that the fuel meets the D6751 standard.

· In addition to the daily test, the fuel must be tested monthly using an outside certified independent testing lab to verify that the fuel meets the D6751 standard, and hold records for 6 years after the last transaction.

· Testing must be done for the duration of the contract.

· The Commonwealth reserves the right to audit these records at any time during the retention period.

Compliance with Fuel Standards

· If the fuel does not meet the specification in any of the tests;

a. The Contractor must notify the contract user when the fuel does not meet the D6751 specification.

b. The Contractor is required to stop supplying the contract immediately.

c. The Contractor must notify the SST with what corrective action will be taken to bring the fuel back into the correct standard within ten (10) days of the failed test.

The entire ASTM Standard is available from ASTM Customer Service. Telephone number: (610) 832-9585; Fax: (610) 832-9555; email: service@astm.org

B100 – Biodiesel Fuel Blend Agent The B100 Biodiesel must be produced from 100% waste grease, oils and fats that meet the ASTM D6751 prior to blending with Ultra Low Sulfur Diesel. Vendors on this contract must supply “advanced biofuels” as defined by the national Renewable Fuel Standard. To register your company please go to: https://www.epa.gov/fuels-registration-reporting-and-compliance-help/how-register-new-company-facility-or-user-part-80. Company registration must be complete prior to award. To check to see if your company is currently registered, the status may be checked at: https://www.epa.gov/fuels-registration-reporting-and-compliance-help/registered-companies-and-facilities-part-80-fuel. All advanced biofuels must achieve a minimum of a 50% greenhouse gas (GHG) emissions reduction compared to baseline petroleum emissions. Fuel suppliers must be registered in the U.S. Environmental Protection Agency’s Renewable Fuel Standard (and must verify that they produce biodiesel from organic waste feedstocks.

In addition, if a vendor chooses, the following biodiesel feedstock can be used. Each shows their respective lifecycle greenhouse gas emission reduction adopted by the Massachusetts Department of Energy Resources based on the U.S. Environmental Protection Agency analysis:

Waste Feedstock – 86% Lifecycle greenhouse gas reduction Soy Feedstock – 24% Lifecycle greenhouse gas reduction

Hence, the quantity (gallons) of soy feedstock B100 Biodiesel can be no more than 1.385 times the quantity of waste feedstock B100 biodiesel. This ratio provides a net lifecycle greenhouse gas reduction of 50%.

The final blended product must meet the appropriate ASTM specification.

Category 2 & 4 – Biodiesel Blended Fuels B5 Biodiesel must meet the latest version of ASTM D975.

B6-B20 must meet the lasts version of ASTM D7467.

Contractor must accurately conduct all fuel blending for product provided under this contract. The use of subcontractors for any form of fuel blending is not permitted.

Alternative Biodiesel Blends (Exceeding B20) The Commonwealth and eligible purchasing entities reserve the right to purchase biodiesel blends above B20 for specific applications should the need arise and negotiate price with the contractor who has been awarded in the Biodiesel category for that zone. Should the contractor not provide the requested biodiesel blend, eligible entities reserve the right to solicit another awarded contractor in the Biodiesel category who provides the blend. Contractors shall indicate on the Bidder Response Form their ability to provide alternative biodiesel fuel blends.

Alternative biodiesel blends must meet the ASTM D6751 B100 standard and demonstrate compatibility with diesel engines.

Testing of Ultra Low Sulfur Diesel and Biodiesel Contractor must provide test results for lubricity, sulfur content, calculation methodology, cetane levels, lab test certificates, and other product specifications upon request.

It is agreed that high quality Ultra Low Sulfur Diesel and Biodiesel, meeting the specifications of the customer order is a paramount goal of this contract. Contractor assures the Commonwealth that there are high quality control mechanisms in place to assure the quality of delivered Ultra Low Sulfur Diesel and Biodiesel. Bidder will provide a written outline of its quality control plan on the bidder’s response form, to be reviewed by the SST. If customer has evidence or reason to believe that the Contractor has delivered Ultra Low Sulfur Diesel and Biodiesel of an inferior quality, questionable grade or blend, and/or with contaminants contained within, the Purchasing Entity will;

· Have independent testing performed at the customers expense, or

· Request that the Contractor have an independent lab conduct such testing and provide results to the Agency and the OSD Contract Manager.

In the event that the Ultra-Low Sulfur Diesel and Biodiesel delivered by the Contractor is tested and determined to be of inferior quality, the Contractor will be responsible for all costs associated with the testing, product removal, tank cleaning and proper disposal of the product. All applicable Federal, State, and Local regulations must be complied with to meet the requirements of this section. All parties agree that this process must occur immediately, but in no case will exceed 24 hours.

If tests show that Ultra Low Sulfur Diesel and Biodiesel is substandard, then deliveries will be suspended until appropriate standards are met. Any damages or losses incurred by the Commonwealth will be charged to Contractor. The contract may be cancelled if, in the opinion of OSD, the Ultra-Low Sulfur Diesel and Biodiesel supplied or the method of delivery is unsatisfactory. OSD may use an alternate awarded contractor if suspension of deliveries is deemed necessary. If the Commonwealth is required to pay a higher price from an alternative supplier the difference will be charged to the contracted vendor.

In the event that the Ultra-Low Sulfur Diesel and Biodiesel delivered by the Contractor is determined to be of acceptable quality and the agency has requested the vendor to perform such testing, the agency will be responsible for all test expenses.

Category 2 & 4– Biodiesel and Fixed Pricing Biodiesel The bidder must have a Quality Control plan in place that ensures product integrity and non-contamination of the product(s) from blending to delivery. The quality control plan must be submitted with the bidder’s response and will be reviewed and approved by the Strategic Sourcing Team prior to making any contract award. If the vendor provides a BQ-9000® Marketer Certification, no plan needs to be submitted.

BQ-9000® Producer Certification: Bidders not certified as BQ-9000® Marketers must source B100 product from a BQ-9000® Producer. If the Marketer purchases fuel from a Producer that is not BQ-9000® certified, the Producer must submit a quality control plan with the bidder response and approval from the Strategic Sourcing team is needed prior to any contract award.

Bidders that are certified as BQ-9000® Marketers must have a Certificate of Analysis that verifies products meet the full ASTM D6751 specifications as per the BQ-9000® Marketer protocol and must provide the certificate as requested. The Certificate of Analysis will contain the Lot Number, Sample Date and a Certification that the lot was tested and met the ASTM D6751 requirements.

Performance Requirements Seasonal Requirements: Ultra Low Sulfur Diesel and Biodiesel must meet all seasonal requirements to ensure proper performance. The following schedule denotes the required fluidity of the distillate at the time and place of use:

*Winter = October 1st through March 31st.

Cloud Point

Pour Point

Delivery Terms Contractor(s) (awarded bidders) must verify operational details about sites which are located in their awarded zone(s) prior to making deliveries. Prior to initial delivery the Contractor should verify water and sediment levels in storage tanks. These levels must be reported in writing to the user agency for any tanks which require attention. Contractors must deliver to all identified sites located in the awarded zone that are accessible by truck.

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 must be in compliance with all applicable Local, State and Federal laws and regulations. Contractors are responsible for paying for any damages they cause at a site. Failure to meet these requirements are subject to disciplinary action up to and including removal from the contract.

For those sites receiving delivery by tanker or taking an entire compartment, Contractor must provide a verified copy of the Contractor’s supplier’s statement of delivery. For other deliveries, each truck must be equipped with a meter that automatically prints a ticket showing the number of gallons delivered, which must be signed by the delivery person and the respective contract user’s site manager. The ticket must be supplied to the site at the time of delivery unless the site has requested other arrangements. Printed tickets and verified statements of delivery must specify the commodity delivered including the biodiesel blend ratio if applicable.

Trucks must be equipped with adequate spill containment equipment/supplies & the driver must be trained in the proper usage of that equipment. If customers are required to have a Spill Prevention Control and Countermeasure (SPCC) plan in place, the Contractor must become familiar with this plan and understand their role in any such plan.

The Commonwealth and eligible purchasing entities reserve the right to inspect delivery trucks to verify quantity being delivered. The delivering Contractor must supply means of inspection. Further, facilities management may choose to physically measure the Ultra-Low Sulfur Diesel and Biodiesel level in a storage tank before and after delivery (“sticking”) in order to verify the amount delivered.

Trucks must be equipped with a measuring stick and driver must use this to confirm delivery amount if requested, unless the tank/fill configuration does not permit such a measurement.

Contractor refusal of delivery may be subject to disciplinary action at the discretion of the contract user up to and including instating an alternative Contractor. The previous Contractor will be liable for coverage of any differential costs.

Orders Deliveries will be made via call to order, online order, and/or automated should the Contractor allow.

Deliveries under 500 gallons Deliveries less than 500 gallons will not be subject to any additional charges or service fees.

Stand-alone Equipment Contractor must provide on-site deliveries to stand alone equipment such as snow melters, emergency generators, or other construction, lawns or grounds equipment. The differential pricing for this service is to be negotiated on a case-by-case basis. This service may be subcontracted.

Terminal Location The vendor must have a terminal located in New England and be certified to do business in Massachusetts.

Title to Ultra Low Sulfur Diesel and Biodiesel The Contractor warrants that it has good and merchantable title to the Ultra-Low Sulfur Diesel and Biodiesel supplies that will be supplied in meeting its obligations pursuant to this bid and resulting contract. Further the Contractor warrants that the Ultra-Low Sulfur Diesel and Biodiesel that it sells to the Commonwealth and/or other eligible contract user is free from liens and adverse claims of every kind. The Contractor or its successor shall indemnify and hold the Commonwealth harmless against all loss, damages, and expense of every kind on account of adverse claims which attach before delivery to the contract users’ sites. The title to such Ultra Low Sulfur Diesel will pass to the contract user (buyer) at the delivery point(s).

Quantity of Ultra Low Sulfur Diesel and Biodiesel The Contractor is obligated to supply the full Ultra Low Sulfur Diesel and Biodiesel requirements of the contract user to include the purchase, transport, and delivery of Ultra Low Sulfur Diesel and Biodiesel to each contract user. The Contractor is responsible for all costs associated with the transport of Ultra Low Sulfur Diesel and Biodiesel to the contract user’s tank.

Reliable Supply The Contractor will take all reasonable and prudent steps to ensure a continuous supply of Ultra Low Sulfur Diesel and Biodiesel to contract users.

Replacement Costs If the Contractor is unable to supply the required volume of quality of Ultra Low Sulfur Diesel and Biodiesel, and the contract user is required to purchase Ultra Low Sulfur Diesel and Biodiesel from another supplier, the Contractor will be responsible to pay the price differential and any associated penalties incurred by the contract user. The Contractor shall be responsible for the net cost difference between the replacement Ultra Low Sulfur Diesel and Biodiesel cost and the cost of the contracted Ultra Low Sulfur Diesel and Biodiesel supply, plus any associated penalties, if the Contractor is unable to fulfill the obligations for reasons other than force majeure. The Commonwealth and any other eligible contract user reserve the right to withhold that portion of the previous month’s balance due to satisfy the Contractor’s obligation in this section.

Contract Termination In the event the contract is terminated by the Operational Services Division for non-performance, the Contractor is responsible for payment of all cost incurred by the Commonwealth in replacing Ultra Low Sulfur Diesel and Biodiesel to include removal of defective Ultra Low Sulfur Diesel and Biodiesel, and any delivery charges as well as any and all cost incurred which exceed the costs the Commonwealth would have incurred were the contract still in place.

State of Emergency/Disaster In a declared state of emergency where the safety and well-being of Commonwealth citizens are at risk, contractors may be asked to supply the Commonwealth with the services under this Statewide Contract on a priority basis. It is the intent of the Commonwealth to have all requested ULSD and Biodiesel delivered by the contractor to awarded locations in advance of emergencies. In advance of a foreseen emergency, contractors must make every effort to top off the customer’s supply as requested. It is the responsibility of the contractor to notify the customer within twenty-four (24) hours of orders being placed if a delivery cannot be made within the requested timeframe and contract users reserve the right to solicit an alternate awarded contractor if a delivery cannot be made.

In the event of, and for the duration of, any state of emergency or disaster declared by the Governor, the Contractor for any zone in which the emergency or disaster is officially declared shall be prepared to provide continuous twenty-four (24) hour service as directed by the State. For the purpose of maintaining necessary communications and service, the Contractor will designate a primary emergency contact person. The Contractor guarantees that the person so designated will be available throughout the emergency.

Industry/Regulatory Changes In the event of the adoption of industry changes which substantially modifies the contract structure in place, the parties will negotiate in good faith an appropriate amendment to this Agreement. Such amendment shall be designed to retain the existing relationships between the parties with due consideration of the risks and rewards. If a change occurs which gives rise to the belief in either party of a necessity to negotiate an appropriate amendment to this Agreement, the party claiming the need to modify the Agreement shall notify the other party at first opportunity, but in any event, within 20 days of the occurrence of the event. If, after 30 days of notice, the parties are unable to negotiate an amendment mutually agreeable to each other (or a shorter time period is the time between the announcement of the proposed change and the date of implementation is less than 30 days) then this Agreement shall terminate on the date that the regulatory change becomes effective. The Contractor agrees that it has specifically assumed the risks and liabilities associated with pricing and terms and conditions of this RFR as specified in this contract except the uncertainties as specified above. Changes in market conditions and prices of Ultra Low Sulfur Diesel and Biodiesel shall not be a change entitling either party to re-negotiate the Agreement.

Guarantee/Accidents/Spills The Contractor guarantees to furnish protection from damage to the agency’s building, grounds and/or equipment occurring on account of, or in connection with, or occasioned by, or resulting from the furnishing and delivery of Ultra Low Sulfur Diesel and Biodiesel under this contract and shall be liable for any damages for which its employees are responsible and to the extent a spill is caused by the Contractor's acts or omissions.

This liability includes and is not limited to spills occurring during delivery. The Contractor shall provide constant surveillance during delivery by having a person in attendance at all times at point of transfer, regardless of quantities delivered.

While performing work under this contract, the Contractor shall be responsible for completing cleanup of any spills or accidental releases to the environment (pursuant to Massachusetts General Law [MGL] c. 21E and other relevant regulations) that the Contractor is responsible for at no cost to the Commonwealth or eligible entities. The Contractor shall notify all local, state and federal authorities as required by law in the event of such a release or threat of release. The Contractor will immediately notify the user facility contact person, in writing, in the event of a spill, release, or threat of a release to the environment and prior to initiating clean up response actions. If prior notification of the facility contract is not possible, then the Contractor shall take appropriate response actions, and notify the contact person, in writing, as soon as possible thereafter. The Contractor must provide a written summary of the response actions taken in any case within the timelines established for reporting of spills and/or contamination as set forth in MGL c. 21E. A copy must also be sent to the Contract Manager at OSD.

Geographic coverage There are nine (9) zones. The City/Town Zone Location Listing lists the Commonwealth communities sorted alphabetically by designated zone. This list is available with the other bid documents in COMMBUYS.

Ordering and Quotes Responding to Buyer’s quote requests is a requirement of this contract. Contractors choosing not to bid must respond to COMMBUYS quote requests with a “no bid” by selecting the “Is No Bid” checkbox on the General tab of the quote. Similarly, Contractors choosing not to bid on quote requests received outside of COMMBUYS must respond with a “no bid”.

Contractors must provide a quote that clearly identifies all commodities, materials, services and/or requirements which may incur costs for the Eligible Entity. All quotes must be for only products and/or services that Contractor is awarded to sell under this Statewide Contract. Furthermore, Contractors may not bill Eligible Entities for costs not identified in the quote, accepted by the SST, and agreed to by the Eligible Entity unless otherwise specified.

Environmental Specifications In 2009, Executive Order 515, establishing an Environmental Purchasing Policy for Executive Departments, was signed. View the Environmentally Preferable Products (EPPs) Procurement Program General Information, Requirements and Guidance for detailed information about the program at https://www.mass.gov/doc/epp-general-information-requirements-and-guidance/download.

Bidders should also be aware that in 2021, Senate Bill 9 - An Act Creating a Next Generation Roadmap for Massachusetts Climate Policy was signed to achieve Net Zero emissions in 2050 and furthers the Commonwealth’s efforts to combat climate change and protect vulnerable communities. The full Act may be viewed at https://malegislature.gov/Bills/192/S9. In 2021, Executive Order 594, Leading By Example: Decarbonizing and Minimizing Environmental Impacts of State Government, was signed. EO594 requires all eligible state agencies to assess and implement strategies to mitigate greenhouse gas emissions and other environmental impacts when planning for and executing projects related to the design, construction, operations, and maintenance of state facilities, and the procurement of goods and services, including vehicles. View EO594: Leading By Example requirements at https://www.mass.gov/executive-orders/no-594-leading-by-example-decarbonizing-and-minimizing-environmental-impacts-of-state-government.

Environmental Benefit Claims/Labeling Environmental benefit claims concerning products or services must be consistent with the Federal Trade Commissions’ Guides for the Use of Environmental Marketing Terms. Product environmental claims are to include the industry standard the product meets and certifier. Vendors must agree to offer and clearly label products with sustainability certifications and attributes, when available, within specific product categories. Documentation of the certification claimed by the vendor must be supplied upon request if it is not publicly available for verification (on either the vendor’s or certifier’s website).

Vendors claiming environmental benefits of their products shall list the appropriate benefits or industry standard it meets in the quarterly sales reports, if applicable, or on separate annual reports.

Appliance Efficiency Standards Pursuant to G.L. c. 25B, the Department of Energy Resources (DOER) has adopted regulations at 225 CMR 9.00,https://www.mass.gov/regulations/225-CMR-900-appliance-energy-efficiency-standards-testing-and-certification-program, for testing the energy efficiency of certain appliance and lamps therein. Products covered by this regulation may not be shipped for sale in Massachusetts unless they have been certified by the DOER. Covered manufacturers must certify Covered Products to DOER in the Northeast Energy Efficiency Partnerships State Appliance Standards Database which can be found at https://neep.org/SASD. Products not certified are prohibited under this contract.

Required Environmental Specifications Per Executive Order 594, all agencies that purchase and store diesel fuel at their own facilities as of July 1, 2021, shall ensure that any diesel fuel purchased for use in motor vehicles owned and operated by Commonwealth agencies shall consist of at least 5% biofuels (B5). Said biofuels must meet the minimum fuel content specifications outlined in this RFR. Agencies shall work with the Leading By Example (LBE) program (https://www.mass.gov/orgs/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.

Desirable Environmental Specifications In support of the Commonwealth’s broader clean energy goals, contractors shall continue to prioritize the deployment of innovative technologies and lower-carbon fuels such as high biodiesel blends (where appropriate) and renewable diesel (when available or where appropriate). When developing strategies to increase energy efficiency and/or reduce emissions from fossil fuel combustion.

Environmental Practices Form Bidders must complete this form, located in the Bidder Response Form, and submit it with their Quote. The form allows Bidders to communicate existing business practices that foster a sustainable approach to conducting their operations and reduce environment or public health impacts. Bidders may receive additional points in the evaluation phase of the RFR for the environmental initiatives they identify, however, bidders must substantiate all answers to receive additional points.

Environmental plan Awarded Bidders must agree to work with OSD and the SST to examine the feasibility of implementing an environmental plan throughout the life of the contract. Such a plan may include, but not be limited to, implementing energy initiatives, adopting, and implementing sustainability policies or third-party standards and/or certifications, or publicizing their environmental initiatives.