CONTRACT: B-20 with B-5 Option Biodiesel Fuel Supply and Delivery

"TERMS OF SUBMISSION:\n\nAll material received in response to this bid shall become the property ofthe State and shall not be returned to the Vendor. Regardless\nofthe Vendors selected, the State reserves the right to use any information presented in a bid response. The content of each Vendor\u2019s\nbid shall become public information once a contract(s) has been awarded.\n\nA responding bid that has been completed and signed by your representative shall constitute your company\u2019s acceptance of all State of\nNew Hampshire terms and conditions and shall legally obligate your company to these terms and conditions.\n\nA signed response further signifies that from the time the bid is published (bid solicitation date and time) until a contract is awarded,\nno bidder shall offer or give, directly or indirectly, any gift, expense reimbursement, or honorarium, as defined by RSA 15-B, to any\nelected official, public official, public employee, constitutional official, or family member of

any such official or employee who shall\nselect, evaluate, or award the RFB.\n\nFurthermore, a signed response signifies that any terms and/or conditions that may be or have been submitted by the Vendor are\nspecifically null and void and are not a part of this bid invitation or any awarded purchase order, even if said terms and/or conditions\ncontain language to the contrary.\n\nThe form P-37 Contract attached hereto shall be part of this bid and the basis for the contract(s). The successful Vendor and the State,\nfollowing notification, shall promptly execute this contract form, which is to be completed by incorporating the service requirements\nand price conditions established by the vendor\u2019s offer.\n\nCHAPTER ADM 600 PROCUREMENT AND PROPERTY RULES APPLY TO AND ARE MADE A PART HEREOF.\n\nComplete bids shall be filled out on the original documents and format that are a part of this bid invitation. Vendors may submit\nadditional paperwork with pricing, but all pricing shall be on the documents provided with this bid invitation and in the State\u2019s format.\n\nCONTRACT TERM:\n\nThe term ofthe contract shall commence on September 1, 2024, or upon approval by the Commissioner ofthe Department of\nAdministrative Services, or upon approval ofthe Governor and Executive Council, whichever is later, through August 31, 2026, a period of\napproximately two (2) years.\n\nThe contract may be extended for up to an additional three (3) one-year extensions thereafter under the same terms, conditions, and pricing\nstructure upon the mutual agreement between the successful Vendor and the State with the approval ofthe Commissioner of the\nDepartment of Administrative Services or Governor and Executive Council. The maximum term ofthe contract (including extensions)\nshall not exceed five (5) year.\n\nCONTRACT AWARD:\n\nThe award shall be made to the Vendor meeting the criteria established in this RFB and providing the lowest cost in total. The State\nreserves the right to reject any or all bids or any part thereof and add/delete items/locations to the contract. The award shall be in the\nform of a State of New Hampshire Contract.\n\nSuccessful Vendor shall not be allowed to require any other type of order, nor shall the successful Vendor be allowed to require the filling\nout or signing of any other document by State of New Hampshire personnel.\n\nNOTIFICATION AND AWARD OF CONTRACTIS):\n\nBid results shall not be given by telephone. For Vendors wishing to attend the bid closing, the names ofthe vendors submitting\nresponses and pricing shall be made public. Other specific response information shall not be given out. Bid results shall be made\npublic after final approval of the contract(s).\n\nBid results may also be viewed on our website at https://apps.das.nh.gov/bidscontracts/bids.aspx.\n\nFor Vendors wishing to attend the bid closing: Names of the Vendors submitting responses and pricing shall be made public. In lieu\nofin person public bid openings the State shall conduct openings via electronic means until further notice.\n\nLIABILITY:\nThe State shall not be held liable for any costs incurred by Vendors in the preparation of bids or for work performed prior to contract\nissuance.\n\nPage 3 of 16\nContractor Initials\n\nDate\n" "PUBLIC DISCLOSURE OF BID OR PROPOSAL SUBMISSIONS:\n\nGenerally, the full contents of any proposal (including all materials submitted in connection with it, such as attachments, exhibits,\naddenda, and vendor presentations) become public information upon completion of final contract or purchase order negotiations\nwith the selected vendor. Certain information concerning proposals, including but not limited to scoring, is generally available to\nthe public even before this time, in accordance with the provisions of NH RSA 21-G:37.\n\nConfidential, commercial or financial information may be exempt from public disclosure under RSA 91-A:5, IV. Any and all\ninformation contained in or connected to a bid or proposal that a Bidder considers confidential shall be clearly designated in the\nfollowing manner:\n\nIf the Bidder considers any portion of a submission confidential, they shall provide a separate copy of the full and complete\ndocument, fully redacting those portions by blacking them out and shall note on the applicable page or pages of the\ndocument that the redacted portion or portions are \u201cconfidential.\u201d Use of any other term or method, such as stating that a\ndocument or portion thereof is \u201cproprietary\u201d, \u201cnot for public use\u201d, or \u201cfor client\u2019s use only\u201d, is not acceptable. In addition to\nproviding an additional fully redacted copy of the bid submission to the person listed as the point of contact on Page one (1) ofthis\ndocument, the identified information considered to be confidential must be accompanied by a separate letter stating the rationale\nfor each item designated as confidential. In other words, the letter must specifically state why and under what legal authority each\nredaction has been made. Submissions which do not conform to these instructions by failing to include a redacted copy (if\nrequired), by failing to include a letter specifying the rationale for each redaction, by failing to designate redactions in the manner\nrequired by these instructions, or by including redactions which are contrary to these instructions or operative law may be rejected\nby the State as not conforming to the requirements of the bid or proposal. Marking or designating an entire proposal, attachment or\nsection as confidential shall neither be accepted nor honored by the State. Marking an entire bid, proposal, attachment or full\nsections thereof confidential without taking into consideration the public\u2019s right to know shall neither be accepted nor honored by\nthe State.\n\nNotwithstanding any provision of this request for submission to the contrary, proposed pricing shall be subject to public\ndisclosure REGARDLESS of whether or not marked as confidential.\n\nIf a request is made to the State by any person or entity to view or receive copies of any portion of a proposal, the State will assess\nwhat information it believes is subject to release; notify the Bidder that the request has been made; indicate what, if any, portions of\nthe proposal or related material shall be released; and notify the Bidder of the date it plans to release the materials. To halt the\nrelease of information by the State, a Bidder must initiate and provide to the State, prior to the date specified in the notice, a court\naction in the Superior Court of the State of New Hampshire, at its sole expense, seeking to enjoin the release ofthe requested\ninformation.\n\nBy submitting a proposal, Bidders acknowledge and agree that:\n\u00b0 The State may disclose any and all portions ofthe proposal or related materials which are not marked as confidential and/or\nwhich have not been specifically explained in the letter to the person identified as the point of contact for this RFP;\n\u00ab The State is not obligated to comply with a Bidder\u2019s designations regarding confidentiality and must conduct an independent\nanalysis to assess the confidentiality of the information submitted in your proposal; and\n\u00b0 The State may, unless otherwise prohibited by court order, release the information on the date specified in the notice\ndescribed above without any liability to a Bidder.\n\nTERMINATION:\nThe State of New Hampshire shall have the right to terminate the contract at any time with a thirty (30) day written notice to the\nsuccessful Vendor.\n\nVENDOR CERTIFICATIONS:\n\nAll Vendors shall be duly registered with the NH Bureau of Purchase and Property as State of New Hampshire vendors. All\nVendors that are corporations, limited liability companies, or other limited liability business entities (this excludes sole proprietors\nand general partnerships) shall be duly registered with the New Hampshire Secretary of State to conduct business in the State of\nNew Hampshire.\n\ne STATE OFNEW HAMPSHIRE VENDOR APPLICATION: To be eligible for a contract award, a Vendor must have a\ncompleted Vendor Application Package on file with the NH Bureau of Purchase and Property. See the following website for\ninformation on obtaining and filing the required forms (no fee: https://DAS.NH.Gov/Purchasing.\n\ne NEW HAMPSHIRE SECRETARY OF STATE REGISTRATION: To be eligible for a contract award, a Vendor that is a\ncorporation, limited liability company, or other limited liability business entity (this excludes sole proprietors and general\npartnerships) must be registered to conduct business in the State of New Hampshire AND in good standing with the NH\n\nPage 4 of 16\n\nContractor Initials\n\nDate\n" "Secretary of State. Please visit the following website to find out more about the requirements for registration with the NH\nSecretary of State: https://sos.nh.gov/corporation-division/.\n\nCONFIDENTIALITY & CRIMINAL RECORD: If Applicable, any employee or approved subcontractor ofthe Vendor who\nwill be accessing or working with records of the State of New Hampshire shall be required to sign a Confidentiality and Non-\nDisclosure Agreement and a Release of Criminal Record Authorization Form. These forms shall be returned to the designated\nState agency prior to commencing any work.\n\nCERTIFICATE OF INSURANCE: Prior to being awarded a contract the Vendor shall be required to submit proof of\ncomprehensive general liability insurance coverage prior to performing any services for the State. The coverage shall insure\nagainst all claims of bodily injury, death, or property damage in amounts of not less than $1,000,000 per occurrence and\n$2,000,000 aggregate. Coverage shall also include State of New Hampshire workers\u2019 compensation insurance to the extent\nrequired by RSA Chapter 281-A.\n\nBID PRICES:\n\nBid prices shall remain firm for the entire contract period and shall be in US dollars and shall include delivery and all other costs required\nby this bid invitation. Special charges, surcharges (including credit card transaction fees), or fuel charges of any kind (by whatever name)\nmay not be added on at anytime. Any and all charges shall be built into your bid price at the time ofthe bid. Unless otherwise specified,\nprices shall be F.O.B. DESTINATION, (included in the price bid), which means delivered to a state agency's receiving dock or other\ndesignated point as specified in this contract or subsequent purchase orders without additional charge. Shipments shall be made in order to\narrive atthe destination at a satisfactory time for unloading during receiving hours.\n\nPer Administrative Rule 606.01(e) \u201cifthere is a discrepancy between the unit price and the extension price in aresponse to an RFP, RFB or\nRFQ, the unit price shall be binding upon the vendor\u201d.\n\nPrice decreases shall become effective immediately as they become effective to the general trade.\n\nUpdated Published Price List MUST be e-mailed to christopher.r. fuller@das.nh.gov.\n\nAUDITS AND ACCOUNTING:\n\nThe successful Vendor shall allow representatives of the State of New Hampshire to have complete access to all records for the purpose of\ndetermining compliance with the terms and conditions of this bid invitation and in determining the award and for monitoring any resulting\ncontract.\n\nAt intervals during the contract term, and prior to the termination of the contract, the successful Vendor may be required to provide a\ncomplete and accurate accounting of all products and quantities ordered by each agency and institution and by political sub-divisions and\nauthorized non-profit organizations.\n\nESTIMATED USAGE:\n\nThe quantities indicated in the offer section of this bid invitation are an estimate only for the State of New Hampshire's annual\nrequirements. These quantities are indicated for informational purposes only and shall not be considered minimum or guaranteed quantities,\nnor shall they be considered maximum quantities. These quantities do not include any eligible participant usage.\n\nUSAGE REPORTING:\nThe successful Vendor shall be required to submit a quarterly and annual usage report for analysis for each state agency or eligible\nparticipant. Reports are due no later than 30 days after each end of each calendar quarter to C. Ryan Fuller at The Bureau of Procurement\n& Support Services and sent electronic to christopher.r.fuller@das.nh.gov. At a minimum, the Report shall include:\n\ne Contract Number\n\ne Uitilizing Agency and Eligible Participant\n\ne Services/Products Purchased (showing the manufacturer, item, part number, and the final cost.)\n\ne Recycling documentation with respect to content used in the manufacture, development and distribution process of goods and\n\nservices sold. This report shall include but not be limited to:\nPercentage of recycled materials contained within finished products\nPercentage of waste recycled throughout the manufacturing process\nTypes and volume of packaging used for transport\nAny associated material avoided and/or recycled as applicable under contract\no A standardized reporting form will be provided after contract award\n\ne Total Cost of all Services/Products Purchased. Ability to sort by agency/eligible participant.\ne In Excel format\n\n00000\n\nPage 5 of 16\nContractor Initials\n\nDate\n" "ESTABLISHMENT OF ACCOUNTS:\n\nEach State of New Hampshire agency shall have its own individual customer account number. There may also be instances where divisions\nor bureaus within an agency will need their own individual customer account numbers. Should any State of New Hampshire agency place\nan order under the contract, the successful Vendor agrees to establish an account within three business days from the date the order is\nplaced. However, there shall be no delay in any shipment; the agency shall receive the items ordered in accordance with the delivery time\nrequired under this bid invitation, as if an account already exists for the agency.\n\nELIGIBLE PARTICIPANTS:\n\nPolitical sub-divisions (counties, cities, towns, school districts, special district or precinct, or any other governmental organization), or any\nnonprofit agency under the provisions of section 501c ofthe federal internal revenue code, are eligible to participate under this contract\nwhenever said sub-division or nonprofit agency so desires. These entities are autonomous and may participate at their sole discretion. In\ndoing so, they are entitled to the prices established under the contract. However, they are solely responsible for their association with the\nsuccessful Vendor. The State of New Hampshire assumes no liability between the successful Vendor and any ofthese entities.\n\nPAYMENT:\n\nPayments shall be made via ACH or Procurement Card (P-card = Credit Card) unless otherwise specified by the state of New\nHampshire. Use the following link to enroll with the State Treasury for ACH payments: https://www.nh.gov/treasury/state-\nvendors/index.htm. Eligible participants shall negotiate their own payment methods with the successful Vendor.\n\nINVOICING:\n\nIt will be the responsibility of the Contractor to see that all invoices are complete and priced accurately per the terms, conditions, and\nformat ofthe contract bid. Inaccurate or incomplete invoices will be returned to the Contractor with a request for anew accurate and\ncomplete invoice. The State will make all efforts to pay all accurate and complete invoices within the payment term stated within this\ncontract; however, errors within the original invoice will relieve the State of the original net-30 term time frame for payment.\n\nInvoices shall be submitted to the corresponding State agency after completion of work/acceptance of delivery.\n\nThe Vendor shall render separate invoices for each delivery to the State department or agency to which delivery is made. Vendors\nmay email invoices to the remit address, but it will be the Vendor\u2019 responsibility to obtain the proper email address from the remit\naddress prior to electronic delivery. Invoices shall indicate all data stated below:\n\nThe quantity delivered\n\nDescription of product delivered\n\nDate of delivery*\n\nDip stick reading both before and after delivery**\n\nTank ID number if available\n\nDelivery location, agency, and physical address\n\nContract price per gallon as stated in the offer section***\nContractor cash discount for early paid invoices if applicable\n\n*Delivery date is defined as the date when the full delivery has been pumped and the invoice is filled out; not prior to pumping.\n**Djp stick readings will be accurate within 1/8\u201d per State of New Hampshire Chapter ENV-Or 400 Underground Storage Facilities\nregulations, as revised and/or renumbered.\n\n***Bither fixed price or index plus mark-up.\n\nINVOICES FOR DELIVERIES ON WEEKENDS OR HOLIDAYS - APPLIES TO ALL PROCUREMENT FORMATS\n\nWhen deliveries are required on weekends, (between 12:01 am Saturday and 12:00 pm midnight Sunday) invoices for those delivery\ndates will be calculated against the posted Oil Price Daily / OPIS price on the previous Friday. If deliveries occur on a holiday that\nfalls in the middle ofthe week (EX: Thanksgiving is observed on a Thursday), invoices for those delivery dates will be calculated\nagainst the posted price on the previous business day.\n\nThe following is a list of State observed holidays:\ne New Years Day\n\nMartin Luther King Day\n\nPresidents Day\n\nMemorial Day\n\nIndependence Day\n\nLabor Day\n\nPage 6 of 16\nContractor Initials\n\nDate\n" "e Veterans Day\n\ne _Thanksgiving Day\n\ne Day after Thanksgiving\n\ne Christmas Day\nTERMS OF PAYMENT:\n\nPayment shall be made in full within thirty (30) days after receipt of the invoice and acceptance of the corresponding goods and/or\nservices to the State\u2019s satisfaction.\n\nVENDOR RESPONSIBILITY:\n\nThe successful Vendor shall be solely responsible for meeting all terms and conditions specified in the bid, and any resulting contract.\nAll State of New Hampshire bid invitations and addenda to such bid invitations are advertised on our website at:\nhttps://apps.das.nh.gov/bidscontracts/bids.aspx. It is a prospective Vendor\u2019s responsibility to access our website to determine any bid\ninvitation under which the Vendor desires to participate. It is also the Vendor\u2019s responsibility to access our website for any posted\naddenda. The website is updated several times per day; it is the responsibility of the prospective Vendor to access the website\nfrequently to ensure that no bidding opportunity or addendum is overlooked. It is the prospective Vendor\u2019s responsibility to forward a\nsigned copy of any addendum requiring the Vendor\u2019s signature to the Bureau of Purchase and Property with the bid response.\n\nIn preparation of a bid response, the prospective Vendor shall:\ne Provide pricing information as indicated in the \u201cOffer\u201d section; and\ne Provide all other information required for the bid response (if applicable); and\ne Complete the \u201cVendor Contact Information\u201d section; and\ne Complete the company information on the \u201cTransmittal Letter\u201d page, and sign under penalty of unsworn falsification in\nthe space provided on that page.\n\nIt is the responsibility ofthe Vendor to maintain this any awarded contract and New Hampshire Vendor Registration with up to date\ncontact information. Contract specific contact information (Sales contact, Contractor contract manager, etc.) shall be sent to the\nState\u2019s Contracting Office listed in Box 1.9 of Form P-37. Additionally, all updates i.e., telephone numbers, contact names, email\naddresses, W9, tax identification numbers are required to be current through a formal electronic submission to the Bureau of\nPurchase and Property at: https://www.das.nh.gov/purchasing/vendorresources.aspx.\n\nIF AWARDED A CONTRACT:\nThe successful Vendor shall complete the following sections if awarded a contract ofthe Agreement State of New Hampshire Form\n#P-37 see Appendix A (sample):\nSection 1.3 __Contractor Name\nSection 1.4 Contractor Address\nSection 1.1l Contractor Signature\nSection 1.12 Name & Title of Contractor Signatory (if Vendor is not a sole proprietor)\ne Provide certificate of insurance indicating the coverage amounts required by Section 14 ofthe Form Number P-37.\ne Provide proof of sufficient workers\u2019 compensation insurance coverage or evidence of exemption from RSA Chapter 81-A.\ne Ifthe successful Vendor is a corporation, limited liability company, or other limited liability business entity, then provide a\ncertificate of good standing issued by the NH Secretary of State or, for a newly incorporated, formed, or registered entity, a\ncopy of the appropriate registration document certified by the NH Secretary of State.\n\nSPECIFICATION COMPLIANCE:\nVendor's offer shall meet or exceed the required specifications as written. The State of New Hampshire shall be the sole determining\nfactor of what meets or exceeds the required specifications.\n\nUnless otherwise specified by the Bureau of Purchase and Property in this bid invitation document, all equipment/items offered by the\nVendor shall be new (and of the current model year, if applicable); shall not be used, rebuilt, refurbished; shall not have been used as\ndemonstration equipment, and shall not have been placed anywhere for evaluation purposes.\n\nSPECIFICATIONS:\nComplete product specifications required are listed below. In responding to the bid invitation, the prospective Vendor shall address\nall requirements for information as outlined herein.\n\nPage 7 of 16\nContractor Initials\n\nDate\n"