Event 560 administration Document.docx

STATE OF IDAHO

DIVISION OF PURCHASING

EVENT 560

Zone 4 Bulk Fuel

ITB Administrative Information

ITB Lead:

Joseph Nelson, Purchasing Officer Email: joseph.nelson@adm.idaho.gov Phone: 208-332-1602

Submit electronically via IPRO:

Electronic Submission

IPRO LOGIN

The Contract(s) resulting from this ITB will be exempt from the 1.25% Administrative Fee requirement detailed in Paragraph 5 of the State’s Standard Terms and Conditions (i.e. NO ADMINISTRATIVE FEE WILL APPLY TO ORDERS).

PURPOSE

The Idaho Division of Purchasing (“DOP”) is requesting Bids from qualified Vendors for the purchase of Bulk Fuel for Idaho Zone 4, in accordance with the specifications provided below.

Public Agencies The Contractor(s) must accept orders from, and extend contract terms, conditions, and prices to, all “Public Agencies” (Public Agencies) as defined in Section 67-2327 of Idaho Code, which provides as follows: “Public Agency” means any city or political subdivision of this State, including, but not limited to counties; school districts; highway districts; port authorities; instruments of counties; cities or any political subdivision created under the laws of the State of Idaho.” By submitting a bid, bidders agree to extend contract pricing, terms, and conditions to all Idaho “Public Agencies.”

The resulting contract(s) will be mandatory use for all State of Idaho agencies, as defined in Section 67-9203(3) of Idaho Code. The contract(s) will be optional use for public agencies that are not an Idaho State Agency. From this point on, any reference to State of Idaho agencies and/or political subdivision shall be known as “Ordering Agency”.

GENERAL INFORMATION, solicitation instructions and standard terms and conditions This Solicitation is issued by the state of Idaho (the “State”) via IPRO: (IPRO LOGIN). The ITB Lead is the only contact for this Solicitation. All correspondence regarding this ITB shall be in writing. In the event that it becomes necessary to revise any part of this ITB, amendments will be posted at IPRO. It is the responsibility of the Bidder to monitor IPRO for any updates or amendments. Any oral interpretations or clarifications of this ITB shall not be relied upon. All changes to this ITB must be in writing and posted at IPRO to be valid. Alternate Bids are not allowed.

INQUIRIES

Questions or other correspondence must be submitted in writing to the ITB Lead listed below. QUESTIONS MUST BE RECEIVED BY 11:59:59 P.M. Mountain Time ON THE DATE LISTED IN THE ITB ADMINISTRATIVE INFORMATION. Written questions must be submitted using Attachment 1, Bidder Questions. Official answers to all written questions will be posted on IPRO as an amendment to this ITB.

ITB Lead: Joseph Nelson Phone: 208-332-1602 E-mail: Joseph.nelson@adm.idaho.gov

Any questions regarding the State of Idaho Standard Contract Terms and Conditions found in the attachments in Luma) must also be submitted in writing, using Attachment 1, Bidder Questions, by the deadline identified in the ITB Administrative Information. The State will not consider proposed modifications to these requirements after the date and time set for receiving questions. Questions regarding these requirements must contain the following:

1. The rationale for the specific requirement being unacceptable to the party submitting the question (define the deficiency).

2. Recommended verbiage for the State’s consideration that is consistent in content, context, and form with the State’s requirement that is being questioned.

3. Explanation of how the State’s acceptance of the recommended verbiage is fair and equitable to both the State and to the party submitting the question.

Bids which condition the Bid based upon the State accepting other terms and conditions not found in the ITB, or which take exception to the State’s terms and conditions, will be found non-responsive, and no further consideration of the Bid will be given.

SPECIFICATIONS

These specifications are the minimum mandatory specifications that your Bid must meet in order for the State to consider your Bid for award. Restate each specification listed in this section, followed by your response demonstrating that your Bid meets or exceeds the required specifications; provide model, part #, or description, as appropriate.

Gasoline Fuel Gasoline must meet or exceed the most current and active standard specification listed in the American Society for Testing and Materials (ASTM) Specification D4814 (https://www.astm.org/Standards/D4814.htm).

Contractor must provide gasoline complying with volatility requirements as outlined in ASTM, Specification D4814, Table 4 (Seasonal Specifications).

For all delivery sites requiring unleaded gasoline, the Contractor must provide unleaded gasoline with an anti-knock index “(R+M)/2” of at least 85. All orders are for a minimum 85-octane; however, an Ordering Agency may order a higher-octane fuel. Contractor’s margin will be the same for all gasoline regardless of octane.

If Contractor fails to deliver the specified octane, Contractor bears all expenses to remove and or replace the contents of the affected tank.

Contractor must attach and maintain octane stickers on all gasoline pumps at sites where they deliver gasoline.

Diesel Fuel Diesel fuel must meet or exceed the most current and active standard specification listed in the ASTM Specification D975 (https://www.astm.org/Standards/D975.htm).

Diesel fuel must meet or exceed standard specifications listed in ASTM Specification D1976 (https://www.astm.org/Standards/D1976.htm).

Ultra-Low sulfur dyed diesel must meet or exceed standard specifications listed in ASTM Specification D4294 (https://www.astm.org/Standards/D4294.htm).

Diesel # 1 and # 2 Fuel Contractor must provide blended diesel that meets or exceeds standard specifications listed in the ASTM Specification D2500 (https://www.astm.org/Standards/D2500.htm).

Contractor must provide blended diesel that is suitable for use at the temperatures that can reasonably be expected to occur. In most cases, satisfactory operation can be expected to occur if the cloud point (or wax appearance point) is 5 degrees F above the tenth percentile minimum ambient air temperature for the area.

The following blending table suggests appropriate fuel blends (Degrees F to Percent of Diesel # 1 and 2):

-35

Chemical treatment of Diesel for winter conditions In addition to diesel blends for winter conditions some agencies may prefer purchasing diesel fuel that has been treated with a winter chemical additive in place of ordering a blend. Blending of # 1 and # 2 diesels may be done in addition to chemical for very cold regions of the state. If available, Bidders are to include the price per gallon and name of winter chemical additive to the Bid Schedule. Award will not be based on the Bidder’s ability to provide a winter chemical additive.

If the winter chemical additive can be provided, the Ordering Agency will notify the Contractor of the need for winter chemical additive in writing, and the Contractor will include the cost and name as a separate line item on the invoice.

The winter chemical additive listed on the Bid Schedule must be what is provided to the Ordering Agency. The Contractor must not provide a different winter chemical additive than what is listed on the Bid Schedule.

Contractor must provide chemically blended diesel suitable for use at the temperatures that can reasonably be expected at each specific delivery site. If requested by the Ordering Agency, the Contractor must provide documentation showing the temperature ranges the winter chemical additive is rated for.

Contractor must determine the chemical blend rate appropriate for the post-delivery total tank volume.

Contractor must treat the diesel before delivery to a site. The Contractor must not blend in the agency’s tank.

Biodiesel Fuel Some agencies may require diesel blended with a percentage of biodiesel delivered to their tank(s). If available, Bidders are to indicate their ability to provide biodiesel and provide their margin cost per gallon. Award will not be based on the Bidder’s ability to provide biodiesel.

If the biodiesel can be provided, the Ordering Agency will notify the Contractor of the need for biodiesel in writing, and the Contractor must add the cost of biodiesel and their margin (cost must include any cost for blending) as a separate line item on the invoice.

Contractor must blend biodiesel with the diesel before delivery to a site. The Contractor must not blend in the agency’s tank.

Fuel Quality All fuels delivered are subject to testing by a certified commercial laboratory, approved by the Idaho Transportation Department or the Idaho Transportation Department laboratory, to determine acceptability. If fuel delivered is contaminated or does not comply with contract, all costs for testing must be paid by the Contractor. In addition, the Contractor must remove contaminated or non-compliant fuel from bulk tanks and equipment tanks and replace the contaminated or non-compliant fuel. The Contractor agrees to remove contaminated or non-compliant fuel within twenty-four (24) hours after receiving written notification with proof from the Ordering Agency that the product is contaminated or does not meet contract requirements.

The State reserves the right to procure a sample of fuel from the Contractor’s delivery truck at time of delivery for purposes of verification of specification compliance.

Deliveries and/or payment may be refused if quality is unacceptable.

Nothing herein must preclude conformance with other federal, state, or local regulations that may be more stringent.

Taxes Contract prices and/or Contractor margins must not include taxes. Taxes applicable at time of delivery are to be added to invoices as separate entries.

The State does not pay Federal Excise tax. This tax is not to be included on Contractor’s invoice.

The Contractor is responsible for filing all necessary claims for tax refunds due the Contractor.

As of January 1, 1996, Idaho Fuel Tax must be charged on all UNDYED (CLEAR) DIESEL FUEL sold. If tax-paid fuel (clear) is used for non-taxable purposes, you may claim a refund from the tax commission by filing a Form 75. For any questions call your nearest State of Idaho State Tax Commission office.

Idaho Fuel Tax must not be charged on any DYED DIESEL FUEL.

Red-Dyed HIGH-SULFUR diesel fuel

Red-Dyed ULTRA LOW-SULFUR Diesel Fuel

Order Quantity Quantities given are estimated amounts used for bidding purposes only. Agencies may place an order for any quantity of fuel. There is no minimum order quantity set for the resulting Contract. Every effort will be made by the ordering agencies to consolidate orders of all items for each delivery location.

Orders may be placed to Contractor by telephone, e-mail or by fax.

Order Acknowledgement All orders must be acknowledged by the Contractor within twenty-four (24) hours of receipt. Acknowledgement can be provided by phone, fax, or email, to the Ordering Agency representative who placed the order. Likewise, if any questions, concerns, or problems arise from an order, the Contractor must first correspond with the Ordering Agency representative who placed that order. If an Ordering Agency representative cannot be contacted, the Contractor must correspond with the front office of the Ordering Agency or an assigned designee.

The Contractor must require any first-time Ordering Agency to provide its point-of-contact, address of delivery location, and any other pertinent information to the Contractor for invoicing. The Ordering Agency’s failure to provide the information will suspend any order(s) to that Ordering Agency until Contractor has received the correct information for billing.

Delivery Fuel metering devices must be utilized to provide accurate delivery quantities. Contractor’s delivery truck must have a metering device. The only exception to this requirement is for deliveries from a fuel distribution terminal directly to an Ordering Agency site using a transport truck. In this case a bill of lading for each truck and/or trailer load will be acceptable. Split loads will be accepted if all fuel from the distribution terminal is for delivery to multiple sites of a single State agency.

Contractor must be in compliance with Bureau of Weights and Measures rule IDAPA 02.02.14 (https://adminrules.idaho.gov/rules/current/02/0214.pdf). Vehicle mounted metering systems must be equipped with a ticket printer to be used for all product delivered through the metering system. A clearly legible copy of the ticket issued by the printer device must be attached to the delivery ticket presented at the time of each delivery.

Bill of lading must be attached to the delivery ticket. The Ordering Agency will pay only for the actual amount of fuel delivered as shown on the delivery vehicle’s metering device or on bill of lading.

Delivery is required within two (2) business days after receipt of order. Deliveries exceeding two (2) business days may be allowed, at a mutually determined date between the Contractor and the Ordering Agency.

A minimum of twenty-four (24) hours before delivery, the Contractor must contact the Ordering Agency representative or designee advising them of the arrival time of the delivery truck.

For all deliveries, an Ordering Agency representative must be:

· Informed of the delivery truck arrival;

· Afforded an opportunity to observe/confirm off-loading; and

· Be given a numbered delivery receipt to sign confirming delivered quantities. Practical procedures for accomplishing these requirements will be at the discretion of each State agency.

Contractor must make deliveries between 8:00 AM and 5:00 PM (local time) Monday through Friday, excluding all state of Idaho observed holidays (https://www.idaho.gov/government/holidays.html). The Ordering Agency may upon mutual agreement designate a timeframe for delivery outside the perimeters outlined in this section.

Prior to fueling, the Contractor must determine that the tank system to be filled is able to hold the volume of fuel being delivered.

The Contractor must perform all deliveries in a safe and professional manner. Contractor’s equipment must be in good working order and all Contractor personnel must be trained in safety measures to preclude accidents endangering personnel or property.

The Contractor must provide systems necessary to prevent spills and overfills from occurring during the product transfer. The Contractor must also provide the systems necessary to prevent product from reaching streets, catch basins or other drainage structures during product transfers. In the event that a spill occurs, the Contractor is responsible to bear any costs associated with the proper cleanup and disposal of waste. Please see Pollution Liability coverage below.

4.10.9.1 Pollution Liability- For any work that involves the handling of hazardous material or if the work could create or exasperate an environmental hazard, contractor shall maintain Pollution Liability coverage extending to claims of bodily injury, property damage, including cleanup costs, removal, storage, disposal, and/or use of the pollutant with a limit of liability of not less than $1,000,000* and the State, officers, employees, agents, and volunteers should be included as an Additional Insured with respects to liability and defense of suits arising out of activities performed by or on behalf of contractor, including Completed Operations. Completed Operations coverage should be included for up through the statute of repose after the project is completed and accepted by the project Owner. If the contractor is responsible for removing any pollutants from a site, the contractor’s automobile liability insurance should be endorsed to include the required auto pollution endorsements and Motor Carrier Act Endorsement MCS-90. If a vendor does not currently have this type of coverage. The vendor must have this coverage after award and before start of service.

The Contractor’s fuel truck operator must be present during delivery and take an active part in the prevention of spills. The fuel truck operator must take immediate action to stop the flow of product when the working capacity of the tank has been reached or when an emergency or spill occurs. Prior to transfer of product and also prior to departure of delivery truck, the fuel truck operator must examine the lowermost drain and all outlets for leakage, and if necessary, tighten, adjust or replace to prevent liquid leakage.

Contractor is responsible for familiarizing themselves with each Ordering Agency location tank configuration.

In the event of emergencies (declared or undeclared) or natural disasters, any state of Idaho ordering agencies must be given first priority for fuel orders.

Delivery Locations Without penalty to the State, the State reserves the right to add and/or remove delivery locations as needed throughout the life of the Contract.

Any new location added to the Contract will be governed by the same terms and conditions of the resulting contract. Contractor’s pricing must extend to the newly added location from the location closest in proximity that is an established location on Contract.

New and/or removed locations will be documented by placement of a revised Bid Schedule, which will be acknowledged in writing by the Contractor and the State, after which an updated list will be published to the Division of Purchasing’s website for ordering agencies to view.

4.11.4 Zone map can be found in Attachment 3 below.

Changes at Delivery Locations The Contractor agrees to deliver fuels to additional tanks at a delivery location using the same margin as already charged for that product.

The ITD Council and New Plymouth sites do not have tanks for either unleaded or diesel fuels. Contractor must provide the necessary tank and dispensing equipment for these sites. Size(s) of tanks will be determined upon contract award. ITD reserves the right to exclude the unleaded fuel tank(s) if margin charged by Contractor is not cost effective.

Transitional Services In the event a replacement Contract is not established before expiration of this Contract or upon termination by the State, Contractor agrees to continue to provide service under the same terms, conditions, and pricing for a minimum of ninety (90) days following Contract termination, or such longer period as agreed upon by the parties.

Exceptions to Use State agencies will obtain all bulk fuels from the resulting Contract. The State reserves the right to purchase fuel elsewhere on an emergency basis or where any delivery requirements are burdensome or restrictive.

COST

Provide your fully burdened Total Cost on the Bid Schedule (Attachment 2). The State will evaluate cost on Attachment 2-Bid Schedule.

PRICING INSTRUCTIONS

Bidders: Enter your bid price (margin) for each type of fuel and delivery destination in the appropriate spaces in Attachment 2, Bid Schedule. Bidder must show the amount (margin) to be added to the OPIS RackFax Rack Average price for the city or terminal designated for each zone: Spokane, WA (Zones 1 & 2), Boise, ID (Zone 3), Burley, ID (Zone 4), and Pocatello, ID (Zones 5 & 6). No other price change method such as referencing your own price list or your supplier's posted price list or any other publication shall be considered.

5.2 Refusal by a bidder to accept OPIS RackFax Rack average prices for the Contract price adjustments as specified herein may result in the bid being deemed non-responsive.

5.3 Bidder’s margin must include freight (delivery cost); blending fees (charge for blending Diesel #1, Diesel #2 and any chemical additives); and all other costs except fixed costs (taxes).

5.4 In the proper column of the bid schedule, enter Y (yes) or N (no) indicating your ability to provide biodiesel to each specific Idaho Transportation Department site you are bidding.

EXCEPTION: ITD’s Hailey site must be biodiesel. Bids for any diesel product other than biodiesel will not be considered.

BILLING PROCEDURE

6.1 Invoices must be Contractor’s invoices. The State will not accept invoices from sub-contractors and will not pay sub-contractors directly.

6.2 The Contractor must deliver/fax an invoice to each ordering agency’s business office within ten (10) business days after delivery of the fuel – do not send invoices to the Division of Purchasing.

6.3 In the case of a late delivery, fuel base price will to be the lower of the price posted by Idaho Transportation Department on the actual day of delivery or any day between date of order and actual date of delivery.

6.4 The Contractor’s invoice must include the following information. Failure to include all of this information may result in the withholding of payment, without penalty, until a properly executed invoice is received:

· Clear gasoline and diesel $0.0019

· E10 gasoline $0.0017

· Where applicable, Washington Hazardous Substance Fee 0.7% of wholesale selling price.

NOTE: Special Fuels Tax is not charged on dyed diesel.

6.6 Any mandatory fixed costs added by federal, state or local government after award of Contract will be allowed.

SUBMISSION REQUIREMENTS

7.1 Required Bid Submission Items

Your Bid Submission must consist of the following:

7.1.1 Bid Schedule

Provide your cost information on Attachment 2, Bid Schedule. Do not submit your Bid on any other form. Submitting your Bid on a form different than the Bid Schedule may cause your Bid to be rejected as non-responsive.

7.1.2 State of Idaho Signature Page

The State of Idaho Signature Page must be completed and submitted as part of your Bid. The State of Idaho Signature Page is attached in IPRO.

7.1.3 Electronic Submission via IPRO

please submit electronically via IPRO, upload all of the Required Bid Submission Items (See Section 7.1) and enter your cost in IPRO for each line item; as the “Total Cost” on the Bid Schedule OR $0.01 as your cost in IPRO.

Upload all Required Bid Submission Items using Microsoft products such as Word and Excel. Do not submit items in .pdf format, unless provided otherwise in this ITB.

Submitting via IPRO, be advised that that the Bidder for Bid evaluation and award purposes is the entity profile under which submit in IPRO, which must be the same legal entity presented in your uploaded response materials. If the entity identified on the state supplied Signature Page differs from the entity under which you submit your Bid in IPRO, the information provided on the Signature Page prevails.

It is mandatory to submit your Bid electronically via IPRO, all Bidders participating in a Solicitation issued through IPRO must establish an account in the IPRO system as it is necessary in order to process and/or award the resulting Contract(s). It is free to establish an account and only takes a few minutes.

Bidders are further advised to upload response materials with descriptive file names, organized and consolidated in a manner which allows the State to efficiently navigate the Bidder’s response; as the State will print uploaded documents for evaluation in the manner received via IPRO.

7.2 Trade Secrets

If your Bid contains trade secret information which you have identified, you must also submit a redacted copy of the Bid (in electronic format, with the word “redacted” in the file name) with all trade secret information removed or blacked out; as well as a separate document containing a complete list (per the instructions in the three (3) paragraphs directly below) of all trade secret information which was removed or blacked out in the redacted copy.

Paragraph 28 of the Solicitation Instructions to Vendors describes trade secrets to “include a formula, pattern, compilation, program, computer program, device, method, technique or process that derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons and is subject to the efforts that are reasonable under the circumstances to maintain its secrecy.” In addition to marking each page of the document with a trade secret notation (as applicable; and as provided in Paragraph 28 of the Solicitation Instructions to Vendors), Bidders must also:

Identify with particularity the precise text, illustration, or other information contained within each page marked “trade secret” (it is not sufficient to simply mark the entire page). The specific information you deem “trade secret” within each noted page must be highlighted, italicized, identified by asterisks, contained within a text border, or otherwise clearly delineated from other text/information and specifically identified as a “trade secret.”

Provide a separate document entitled “List of Redacted Trade Secret Information” which provides a succinct list of all trade secret information noted in your Bid; listed in the order it appears in your submittal documents, identified by Page #, Section #/Paragraph #, Title of Section/Paragraph, specific portions of text/illustrations; or in a manner otherwise sufficient to allow the State’s procurement personnel to determine the precise text/material subject to the notation. Additionally, this list must identify with each notation the specific basis for your position that the material be treated as exempt from disclosure.

AWARD

More than one (1) award may be issued from this solicitation. Award may be made by zone, multiple zones, or a total of all zones, to the responsive responsible bidder(s) providing the lowest margin price for unleaded, diesel 1 and 2 ULS dyed, and diesel 1 and 2. The State reserves the right to make multiple awards for each zone, whichever is deemed to be in the best interest of the State. Bidders are encouraged to bid on all locations within a zone.

Subcontractors Bidders must list any subcontractors and describe the extent to which subcontractors will be used to comply with contract requirements. Contractors must ensure that all subcontractors and their employees will meet all requirements of the Contract. If the Bidder utilizes any entity other than the entity submitting the bid to provide any of the services required by this bid, the relationship between the two entities is considered that of a contractor-subcontractor for the purpose of this section, regardless of whether a relationship is based on an actual written contract between the two.

CONTRACT CANCELLATION CONDITIONS

In addition to any other reasons otherwise available to the State, a Contract may be terminated in part or in its entirety by the Division of Purchasing upon written notice for a violation of any of the following conditions:

Price Adjustment Clause

11.1 The State’s intention is to establish fuel contracts whereby the purchase price per gallon of fuel can be directly reconciled to the published Oil Price Information Services (OPIS) OPIS RackFax Closing prices FOB Terminal in ct/gal, excluding taxes, discounts and Superfund line items based on the following formula:

• Contract Net Price per gallon = OPIS RackFax Rack Average price in effect on date of delivery + Applicable Taxes/Fees + Contractor’s Margin

11.2 The OPIS RackFax RACK AVERAGE prices identified as OPIS CLEAR GROSS GASOLINE PRICES for Unl, Mid and Pre Unl shall be used to reference changes in contract net prices for unleaded gasoline.

11.3 The OPIS RackFax RACK AVERAGE prices identified as OPIS GROSS DISTILLATE PRICES for Ultra Lo Sul Red No. 2, and Ultra Lo Sul Red No. 1 shall be used to reference changes in contract net prices for Diesel No. 2 ULS Dyed and Diesel No. 1 ULS Dyed.

11.4 The OPIS RackFax RACK AVERAGE prices identified as OPIS GROSS DISTILLATE PRICES for Ultra Lo Sul No. 2 and Ultra Lo Sul No. 1 shall be used to reference changes in contract net prices for low sulfur clear diesels.

11.5 Biodiesel

Summer, 2 lines consisting of 20% biofuel, 80% Ultra lo Sul Red No. 2 Winter, 3 lines consisting of Ultra Lo Sul Red No. 2, Ultra Lo Sul Red No. 1, and chemical additive.

Contractor must itemize each fuel separately (see 4.5) and must provide copies of their distributor’s biofuel invoice so pricing can be verified by the State.

11.6 The contract base prices must be per the OPIS RackFax as published daily by UCG, 11300 Rockville Pike, Suite 1100, Rockville, MD 20852-3030. These prices must be the prices in effect for deliveries made on that date and will be posted on the Idaho Transportation Department (ITD) internet website. The State expects to receive and post the prices in the afternoon on a daily basis Monday through Friday, holidays excepted. Weekend and holiday prices will be posted the following business day. Contractor agrees to access the ITD website to determine appropriate contract base prices. (The internet website address will be provided to successful vendors at time of award.)

NOTE: ITD reserves the right to add or remove products for terminals and update the OPIS website as necessary. For example, the Pocatello terminal no longer stocks premium unleaded therefore no pricing is reflected.

11.7 Blended diesel (#1 diesel blended with #2 diesel or petroleum based diesel blended with biodiesel) may only be invoiced at the actual quantity of each gallon of each fuel grade delivered. Blending fees must be included in the Contractor’s margin.

11.8 The price per gallon for diesel with a winter chemical additive must be the same as the price per gallon without the additive. The Contractor’s invoice is to show the winter chemical additive as a separate entry. Blending fees are to be included in fuel margin.

11.9 It is understood and agreed that company names and prices can be removed from and added to the OPIS RackFax publication by the publishing company without affecting the procedure for price computation.

11.10 If it appears that an error has occurred in any OPIS RackFax issue, the Division of Purchasing shall contact the publisher for clarification.

11.11 If it is discovered, after the fact, that an OPIS RackFax publication that had been used to adjust prices was in error, or that another error occurred, corrections will be made subject to the following conditions:

11.12 The error is detected and sufficient data is available to make corrections within thirty (30) calendar days after the effective date of the contract prices reflecting the erroneous pricing information.

11.13 The amount necessary to make the correcting adjustment, plus or minus, must require an invoice correction in excess of $40.00.

11.14 Notwithstanding the above, should the price structure become unworkable, detrimental or injurious to the State of Idaho, or result in prices which are not truly reflective of current market conditions and no adjustment in price is mutually agreeable, the Division of Purchasing reserves the right to cancel this contract.

Records Maintenance Contractor shall maintain or supervise the maintenance of all records necessary to properly account for all payments made to the Contractor pursuant to the Contract. These records shall be retained by the Contractor for at least three (3) years after the Contract terminates, or until all audits initiated within the three (3) years have been completed, whichever is later.

Audit Rights The Contractor agrees to allow State and Federal auditors and State purchasing staff access to all the records relating to this Contract, for audit, inspection, and monitoring of services or performance. Such access will be during normal business hours or by appointment.

EVENT ZONE 4 BULK FUEL

ATTACHMENT 1-BIDDER QUESTIONS

PLEASE DO NOT IDENTIFY YOUR NAME OR YOUR COMPANY’S NAME OR PRODUCT NAMES OF INTELLECTUAL PROPERTY IN YOUR QUESTIONS.

ADD ROWS BY HITTING THE TAB KEY WHILE WITHIN THE TABLE AND WITHIN THE FINAL ROW.

The following instructions must be followed when submitting questions using the question format on the following page.

1. DO NOT CHANGE THE FORMAT OR FONT. Do not bold your questions or change the color of the font.

2. Enter the ITB section number that the question is for in the “ITB Section” field (column 2). If the question is a general question not related to a specific ITB section, enter “General” in column 2. If the question is in regards to a State Term or Condition or a Special Term or Condition, state the clause number in column 2. If the question is in regard to an attachment, enter the attachment identifier (example “Attachment A”) in the “ITB Section” (column 2), and the attachment page number in the “ITB page” field (column 3).

3. Do not enter text in the “Response” field (column 5). This is for the State’s use only.

4. Once completed, this form is to be e-mailed per the instructions in the ITB. The e-mail subject line is to state the ITB number followed by “Questions.”

EVENT 560 ZONE 4 BULK FUEL Page 12

EVENT 560 ZONE 4 BULK FUEL

ATTACHMENT 3

EVENT 560 STATEWIDE BULK FUEL

ZONE MAP

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