ENE54 Contract User Guide .06.05.25.docx

ENE54: Gasoline Statewide Contract UPDATED: June 5, 2025 Contract #:

MMARS MA #:

Current Contract Term: Maximum End Date: Initial Contract Term: Contract Manager: UNSPSC Codes:

Updated:

ENE54

ENE54*

August 1, 2024 – July 31, 2031 July 31, 2031 August 1, 2024 – July 31, 2031 Michael Barry, 617-720-3182, michael.barry3@mass.gov 15-10-15-06- Gasoline Added Appendix B: Truck Safety Standards

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

Table of Contents:

(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: 8.2 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

· Pricing, Quotes and Purchase Options Instructions for MMARS Users

· Emergency Services

· Delivery

· Performance and Payment Time Frames Which Exceed Duration

· Strategic Sourcing Team Members

· VENDOR LIST AND INFORMATION

· Appendix A: Zone Listing by Town

· Appendix B: Truck Safety Standards

TIP: To return to the first page throughout this document, use the CTL + Home command.

Contract Summary This is a Statewide Contract for the purchase and delivery of unleaded gasoline. This is available in three grades: Regular (87 Octane), Mid-grade (89 Octane) and Premium (93 Octane). This contract replaces ENE48, the previous contract for gasoline.

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 (8/1/2024-7/31/2031). Vendors have been directed to request this commitment in writing.

Contract Categories This contract includes 2 categories 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 ENE54 to find related Master Blanket Purchase Order (MBPO’s) information. All common contract documents and individual vendor MBPOs are located in the “Master Contract Record” Master Blanket Purchase Order (MBPO) for ENE54 and can be accessed directly by visiting Master Blanket Purchase Order PO- 25-1080-OSD03-OSD03-33331.

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 ENE54. 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 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:

Type of information collected from bidders Possible use of the information by the SST

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:

Expected annual value of the RFQ RFQ process 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.

More than $250,000/year

· Notify at least two diverse and/or small businesses capable of providing the product or service of the opportunity, if available.

· 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.

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 ENE54 to ensure buyers 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 - Delivery of unleaded gasoline to be purchased at a fixed differential price, applied to the low wholesale Boston Price as published daily in the OPIS-Oil Price Daily (Formerly the JOC-Journal of Commerce). All taxes and federal fees are included.

Pricing of is calculated as:

· 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 2 - Delivery of unleaded gasoline 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.

Category 1, Indexed Pricing To find the published daily index wholesale price, go to the ENEFY25 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 ENEFY25

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

· Access MBPO record number PO-25-1080-OSD03-SRC01-32964

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

Category 1 - ENE54 Unleaded Gasoline - Differential Pricing Information –Effective 08/01/24

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

Category 2, Fixed Pricing The delivery of Gasoline is purchased as a fixed adder over the weighted average price of the NYMEX for Gasoline. 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 agreement for less than 42,000 gallons.

Vendor

Zone 1

Zone 2

Zone 3

Zone 4

Zone 5

Zone 6

Zone 7

Zone 8 Zone 9

Sprague 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 $0.00364 per gallon Effective January 1, 2023 For 10% Ethanol Gasoline Blends. 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 ENE54 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

· Directly purchase fixed price items through COMMBUYS This contract allows buyers to find and quickly purchase specific products/services with pricing within COMMBUYS. In other words, it allows you to create a Release Requisition in COMMBUYS, submit the requisition for approval, and send the vendor a Release Purchase Order. This method should be used for category 2 (Fixed-Price).

For a description of how to complete this purchase in COMMBUYS, visit the Job Aids for Buyers webpage and select: The COMMBUYS Requisitions section and choose the Make a Statewide Contract Purchase in COMMBUYS job aid.

· Directly purchase a non-fixed price item ($0 line item) through COMMBUYS This contract allows buyers to find and quickly purchase specific products/services with pricing within COMMBUYS. In other words, it allows you to create a Release Requisition in COMMBUYS, submit the requisition for approval, and send the vendor a Release Purchase Order. This method should be used for category 1 (Differential Pricing)

Check the Zone listing (on page 13) 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 nine zones across the state. Each zone has one awarded Contractor (for category 1). These contractors are responsible for servicing the eligible users within that zone. In the event of an issue with a category 1 supplier, buyers are able to solicit quotes to service their zone. Contract Users should continue to place orders in the normal fashion by contacting the appropriate vendor. Orders should not be placed through COMMBUYS.

Obtaining Quotes For Category 2 Fixed Price, use the Solicitation Enabled Master Blanket Purchase Order. Contract users should always reference ENE54 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.

Please note, 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.

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 gasoline 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 Master Blanket Purchase Order PO-25-1080- OSD03-OSD03-33331 for all delivery requirements.

Performance and Payment Timeframes Which Exceed Contract Duration All term leases, rentals, maintenance, or other agreements for services entered into during the duration of this Contract must terminate on or before the contract end date stated on the first page of this Contract User Guide.

Strategic Sourcing Team Members

· Melina Limardo, MWRA

· Cynthia Heywood, DOC

· Mark Richards, Operational Services Division

Contract User Guide for ENE54

Vendor List and Information*

Commitment Percentage

**Master

PO-25- 1080- OSD03- OSD03- 33331

Contract Record (All contract documents)

Barry

***Solicitation

PO-25-1080- OSD03-OSD03- 33343

Enabled Blanket

Barry

(only to be used to obtain quotes)

Florio

Sprague Operating Resources

1.00% - 15 days 1.00% - 20 days 1.00% - 30 days 1%

Slayden om

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: 8.2 Page 11 of 13 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 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.

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: 8.2 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

Appendix A:

Contract User Guide for ENE54

DOVER

HAVERHILL

EAST BRIDGEWATER

PROVINCETOWN

BOXBOROUGH

SOUTHBRIDGE

GILL

EAST LONGMEADOW

LANESBOROUGH

WEST TISBURY

NEEDHAM

NAHANT

MANSFIELD

EAST BROOKFIELD

WAYLAND

ORANGE

LONGMEADOW

PITTSFIELD

QUINCY

NORTH ANDOVER

MATTAPOISETT

GRAFTON

WEST BROOKFIELD

ROWE

MONSON

SAVOY

RANDOLPH

NORTH READING

MEDFIELD

GROTON

WESTBOROUGH

ROYALSTON

MONTGOMERY

SHEFFIELD

HOLDEN

STONEHAM

ROWLEY

NORTH ATTLEBOROUGH

HOLLISTON

TEMPLETON

RUSSELL

WEST STOCKBRIDGE

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.

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: 8.2 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 image1.jpeg