State of Washington

State of Washington

DEPARTMENT OF GENERAL ADMINISTRATION

Office of State Procurement

Rm. 201 General Administration Building, P.O. Box 41017 ( Olympia, Washington 98504-1017 ( (360) 902-7400

http://www.ga.wa.gov

Invitation to Bid (IFB)

Marine Refueling, Lubricant & Bilge Pump Services

Contract Number

Optional Pre-Bid Meeting Date & Time

IFB Opening Date & Time

02207

Thursday, March 15, 2007 1:00 PM

Thursday, March 29, 2007- 2:00 PM

bids must be received& Stamped on or before the opening date & time at this location:

210 11th AVe SW, Rm. 201, General Administration Building Olympia WA 98504-1017

Steve Krueger

Unit Manager

Phone (360) 902-7233

Fax (360) 586-2426

E-mail skruege@ga.wa.gov

Instructions to Bidders

Any questions concerning this IFB should be directed to Procurement Coordinator Steve Krueger. Bidders shall mail or hand-deliver one signed original (sealed) bid response packet. Additionally, bidders are to include an electronic copy of their bid response (i.e. CD ROM). (Note: If the hard copy bid and the electronic copy fail to agree, the electronic copy will prevail). Bidders will be responsible for actual delivery of the bid to the address shown below before the deadline. Any bids received after the bid opening date and time will be returned unopened. All responses to be addressed as follows:

Marine Refueling, Lubricant & Bilge Pump Services

IFB # 02207

Attention: Steve Krueger

General Administration Building

Office of State Procurement, Room 201

210 11th Avenue S W

Olympia, WA 98504 1017

Bids must be sealed to provide confidentiality of the information prior to the bid opening date and time. Additionally, the bid must contain the signature of a duly authorized officer or agent of the Bidder’s company empowered with the right to bind the bidder.

Driving directions and parking information http://www1.leg.wa.gov/WorkingwithLeg/parking.htm

Table of Contents

41IFB Response

41.1CHECKLIST

42Announcement and Special Information

42.1PUBLIC DISCLOSURE

42.2AUTHORIZED COMMUNICATION

52.3BIDDER COMMUNICATION RESPONSIBILITIES

52.4BIDDER’S RESPONSIBILITIES

52.5PRE-BID CONFERENCE

62.6PURCHASERS

62.7BIDDER RESPONSIVENESS

62.8COST MITIGATION STRATIGIES

63General Information

63.1SCOPE

73.2BACKGROUND

73.3CONTRACT DESIGNATION

73.4TERM OF CONTRACT

73.5ESTIMATED USAGE—Mobile Marine Refueling Services

73.6BIDDER QUALIFICATIONS—Mobile Marine Refueling Services

84Marine Refueling Services

84.1BULK MARINE REFUELING SERVICES

94.2FUEL TYPES

104.3QUALITY STANDARDS

114.4SAFETY STANDARDS

114.5SECURITY

134.6NEGLIGENCE

134.7SPILL RESPONSIBILITIES

144.8VOLUME VERIFICATION REQUIREMENTS

145Fuel Specifications

145.1PETROLEUM FUEL

145.2BIODIESEL

155.3B#1 QUALITY

155.4B#1 MINIMUM SPECIFICATIONS

165.5B#1 BLENDING & HANDLING

165.6B#1 SAMPLING & TESTING

175.7B#1 PRODUCT AGE

175.8BIODIESEL B#2 QUALITY

175.9BIODIESEL B#2 BLENDING & HANDLING

175.10BIODIESEL B#2 PRODUCT AGE

176Pricing

186.1FUEL PRICING

186.2MOBILE MARINE REFUELING OPIS RACK REFERENCE CITIES

186.3OPIS DAILY POSTING

186.4BIODIESEL PRICING

186.5SERVICE FEE

196.6ORDER QUANTITIES

196.7CUSTOMER FUEL DEMAND PROFILES

197Invoicing Requirements

197.1INVOICES

218Bidder Information

218.1OFFER AND AWARD

228.2BID INFORMATION

228.3BIDDER CONTACT INFORMATION:

238.4SUBCONTRACTOR INFORMATION

248.5PRICE WORKSHEETS (95,000 Available Points)

248.6REFERENCES (10,000 Available Points)

259IFB EVALUATION & AWARD

259.1EVALUATION & AWARD

2610Special Terms & Conditions

2610.1CONTRACTOR PERFORMANCE

2610.2MATERIALS AND WORKMANSHIP

2610.3DELIVERY DEFALT

2610.4PRICING AND ADJUSTMENTS

2710.5OTHER AGREEMENTS

2710.6PURCHASING CARD ACCEPTANCE

2710.7RIGHT TO CANCEL

2710.8REPORTING REQUIREMENTS

2810.9INSURANCE REQUIREMENTS

30CUSTOMER REFERENCE QUESTIONNAIRE

1 IFB Response

1.1 CHECKLIST

The following checklist is provided for bidder's convenience only and identifies the bid documents that must be completed and submitted with bid package. Any bid packages received without these documents may be deemed non-responsive.

(To check the checkbox field in Microsoft Word, double click box and select the “checked” field)

FORMCHECKBOX Complete all applicable fields in the IFB, print and submit completed bid response

FORMCHECKBOX Be sure to sign the Offer and Award page (in ink)

FORMCHECKBOX Printed Copy of Price Worksheet(s)

FORMCHECKBOX Specification compliance letter from the proposed BQ 9000 biodiesel producer

FORMCHECKBOX Electronic Copy (CD ROM Disk) of your Bid Response

FORMCHECKBOX Complete All applicable fields requested in the IFB

2 Announcement and Special Information

Bidders are required to read and understand all information contained within this entire bid package. The Competitive Procurement Standards, which are referred to in this bid package are not automatically printed or sent out with this IFB. By responding to this IFB the bidder agrees to read, understand and comply with these documents. These documents are available on our website at http://www.ga.wa.gov/pca/cps.htm.

Although not an award factor, in support of the State’s economic and environmental goals, the state encourages bidders to consider the following when preparing a bid response:

· Using environmentally preferable products and products that exceed EPA guidelines.

· Supporting a diverse supplier pool, including small, minority, and women-owned firms.

· Featuring products made in Washington.

2.1 PUBLIC DISCLOSURE

Bid information, including price worksheets, will not be available for public disclosure until after award of the contract. At the time of bid opening, only the name of the bidder and time of bid receipt will be read aloud.

2.2 AUTHORIZED COMMUNICATION

Upon release of this IFB, all Bidder communications concerning this solicitation must be directed to the Procurement Coordinator identified below. Unauthorized contact regarding this solicitation with other state employees involved with the solicitation may result in disqualification. All oral communications will be considered unofficial and non-binding by the state. Bidders should rely only on written statements issued by the Procurement Coordinator.

Procurement Coordinator:

Steve Krueger

Office of State Procurement

E-mail:

skruege@ga.wa.gov

210 11th Ave SW RM 201

Telephone:

(360) 902-7233

Olympia, WA 98504-1017

FAX:

(360) 586-4944

2.3 BIDDER COMMUNICATION RESPONSIBILITIES

· Bidders are responsible to review the requirements of this IFB carefully.

· Bidders are responsible for communicating any concerns, exceptions, or omissions regarding this solicitation at or before the Pre-Bid conference.

· If a bidder finds any error, conflict, discrepancy, or deficiency, the bidder is obligated to immediately notify the Procurement Coordinator to seek clarification or modification.

· Furthermore, in accordance with item 2 of STANDARD INSTRUCTIONS TO BIDDERS, questions received less than ten (10) calendar days prior to bid opening may not be considered.

If changes result from any of these communications, a written IFB amendment will be issued.

2.4 BIDDER’S RESPONSIBILITIES

Bidders are solely responsible for:

a) Properly registering with the Department of General Administration’s “Washington Electronic Business System” (WEBS) at http://www.ga.wa.gov/webs

b) Maintaining an accurate Vendor profile in WEBS

c) Downloading the solicitation consisting of the IFB with all attachments and exhibits related to the solicitation for which you are interested in bidding; downloading all current and subsequent amendments to the solicitation

To ensure receipt of all solicitation documents, the IFB for this solicitation must be downloaded from WEBS. Notification of amendments to the solicitation will only be provided to those Vendors who have registered with WEBS and have downloaded the IFB from WEBS. Failure to do so may result in a potential Bidder having incomplete, inaccurate, or otherwise inadequate information, or a Bidder submitting an incomplete, inaccurate, or otherwise inadequate Bid or Proposal. Bidders and potential bidders accept full responsibility and liability for failing to receive any amendments resulting from their failure to register with WEBS and download the IFB from WEBS, and hold the State of Washington harmless from all claims of injury or loss resulting from such failure.

2.5 PRE-BID CONFERENCE

An optional pre-bid conference will be held at the time and date listed below to discuss the bid and award process. While attendance is not mandatory, Vendors are encouraged to attend and actively participate. If interpretations, specifications, or other changes to the solicitation are required as a result of the conference, the Procurement Coordinator will issue amendments to the solicitation and provide those amendments by posting them on WEBS at http://www.ga.wa.gov/webs.

Pre-Bid Date:

Thursday March 15, 2007

Pre Bid Time:

1:00 PM

Pre Bid Location:

Office of State Procurement

210 11th AVE SW

General Administration—Auditorium

Corner of 11th and Columbia

Olympia Washington 98504-1017

Map: http://www1.leg.wa.gov/WorkingwithLeg/parking.htm

Note: Assistance for disabled, blind or hearing-impaired persons who wish to attend is available with pre-arrangement with the Office of State Procurement (OSP). Contact the State Procurement Officer (SPO) identified on the face page of this document.

2.6 PURCHASERS

General Use

The resulting contract is for use by all state agencies and members of the Washington State Purchasing Cooperative (WSPC). While use of the contract by members of the WSPC is optional, the Office of State Procurement encourages them to use state contracts. Their use of the contracts may increase the purchase volume. Their orders are subject to the same contract terms, conditions and pricing as state agencies. The Office of State Procurement accepts no responsibility for orders or payment by WSPC members.

A list of WSPC members is available at http://www.ga.wa.gov/PCA/SPC.htm.

2.7 BIDDER RESPONSIVENESS

Wherever prompted, the Bidder is to submit the requested information or provide a response to all appropriate fields identified in this IFB. Failure to do so may result in the Response being deemed non-responsive and disqualified.

The State reserves the right to consider the actual level of Bidder’s compliance with the requirements specified in this solicitation and to waive informalities in this IFB. An informality is an immaterial variation from the exact requirements of the competitive solicitation, having no effect or merely a minor or negligible effect on quality, quantity, or delivery of the supplies or performance of the services being procured, and the correction or waiver of which would not affect the relative standing of, or be otherwise prejudicial to bidders.

2.8 COST MITIGATION STRATIGIES

In accordance with sec. 608 of ESSB 6091, the State reserves the right to employ various cost mitigation strategies (i.e. hedging) in acquiring fuel via our contractors. These strategies may include but are not limited to futures contracts, swap transactions, option contracts, costless collars, and long-term storage at no additional costs to our contractor(s). The cost mitigation strategies are intended to reduce overall fuel costs and or offer our customers an improved level of budgetary certainty when procuring fuel. The Office of State Procurement in consultation with The State Treasurer and the State Investment Board are to explore and implement these cost mitigation strategies as feasible. These financial instruments are to be offered to our customers on an “elect to use” basis and be in compliance with our customers’ bylaws and/or regulations. Customers must receive written approval from the State Contract Administrator before utilizing these financial instruments via this contract and the state accepts no responsibility for payment for the financial services provided to contract users. Customers who elect to utilize these cost mitigation strategies may be charged a fee or other funding mechanisms may be applied to cover the cost of deployment of these cost mitigation strategies.

3 General Information3.1 SCOPE

The purpose of this effort is to establish a Marine Refueling, Lubricant & Bilge Pump Services umbrella contract. Besides conforming to all relevant rules, regulations, laws and industry standard best practices, the state expects contractors to play a leadership role in maximizing efficiencies and economies in performing these services. To that end, the state endeavors to partner with the most conscientious marine refueling, lubricant and bilge pump service providers who are committed and capable of optimizing the state’s marine refueling, lubricant and bilge pump service needs. This solicitation only targets mobile marine refueling services and a single award shall result for the mobile marine refueling solicitation. Be advised, that the state may (at a later date) add other services which may include but is not limited to:

· Barge marine refueling services

· Fixed facility marine refueling services

· Lubricant delivery services in a marine environment

· Bilge Pump maintenance services in a marine environment

In so doing, terms and conditions specific to these services may be incorporated into this contract.

3.2 BACKGROUND

A recently enacted environmental rule intended to minimize the impact of a spill in a marine environment has also added demands to marine refuelers, lubricant and bilge pump service providers. Therefore, a contract will be necessary to address these new rules and requirements. The most immediate need is to address the mobile marine refueling requirements of Washington State Ferries (WSF).

3.3 CONTRACT DESIGNATION

This contract has been designated “MANDATORY ” use for state agencies requiring marine refueling, lubricant, or bilge pump services and “CONVEINIENCE” use for all other authorize contract users.

3.4 TERM OF CONTRACT

The initial term of this contract is 2-years from date of award with the option to extend for additional term(s) or portions thereof. Extension for each additional term shall be offered at the sole discretion of the State and are subject to written mutual agreement. The total contract term, including the initial term and all subsequent extensions, shall not exceed 10-years unless an emergency exists and/or special circumstances require a partial term extension. The State reserves the right to extend with all or some of the contractors, solely determined by the State.

3.5 ESTIMATED USAGE—Mobile Marine Refueling Services

Based on past and/or projected usage, it is estimated that the mobile marine refueling purchases will approximate 11,400,000 gallons of fuel annually. This estimate is provided solely for the purpose of assisting Bidders in preparing their response and the state will not guarantee volume commitments. Orders will be placed only on an as needed basis.

3.6 BIDDER QUALIFICATIONS—Mobile Marine Refueling Services

The successful Bidder must be an authorized supplier of the fuel to be delivered with facilities, personnel, equipment, certifications and or approvals as required to successfully perform and comply with all contractual requirements. By submitting a bid, the Bidder signifies compliance of these requirements will be met but the state reserves the right to request supporting documentation, conduct a site visit and or schedule a meeting to seek clarification to validate claims of qualification compliance. Additionally, the apparent successful Bidder may be required to provide copies of their fuel supply contract(s) or letter from their supplier(s) (on supplier’s letterhead) showing they have sufficient sources and volumes of fuel available to satisfactorily perform in accordance to contract terms and conditions. If awarded a contract, the bidder shall have the capability of fulfilling contract terms within 5-business days of award notification.

4 Marine Refueling Services4.1 BULK MARINE REFUELING SERVICES

Marine refueling services are intended to address the unique requirements of WSF but other authorized purchasers may utilize this contract to satisfy their marine refueling and maintenance service needs. Although WSF has historically purchased much of their fuel via the dock, many of WSF vessels also utilize either a truck & trailer combination or a tank wagon for refueling. In such cases, the delivery vehicle will board the vessel where the fuel is then unloaded. Besides conforming to the standard contract terms as defined herein, the following will be applicable to marine refueling services:

a) U. S. Coast Guard Regulations & Environmental Regulations

The apparent successful bidder of the mobile marine refueling bidders (and or the bidder’s designated subcontractor) must be certified by the U.S. Coast Guard and the Department of Ecology (DOE). The apparent successful bidder may be asked to proof of this certification (a copy of the U.S. Coast Guard-stamped page of bidders safety manual and a copy of the DOE Operations Manual approval letter will be considered acceptable proof). Furthermore, marine refueling, lubricant and bilge pump services providers shall comply with all (current and any future) applicable U.S. Coast Guard and Department of Ecology regulations. Additionally, the marine refueling and lubricant contractor must furnish relevant hardware which includes but is not limited to proper sized U.S. Coast Guard approved hose and fittings. Throughout the contract life, contractors and approved subcontractors are responsible for maintaining their Coast Guard and DOE certifications. Failure to do so may result in contract termination and liquidated damages may be imposed.

b) Spill Response Compliance Drills

If in the course of a refueling a regulatory authority (i.e. U.S. Cost Guard or Department of Ecology) directs the contractor to demonstrate compliance of a rule or regulation, the cost of performing the drill may be passed on to the customer (as a line item on the invoice) only if the regulatory authority determines that compliance has been met. The apparent successful bidder will be required to provide a cost breakdown of said costs to include supporting documentation prior to award to validate costs.

Bidder to identify total (per incident) Spill Response Compliance Drill Cost $________

c) Additions/Deletions

The state reserves the right to add or remove vessels or service delivery sites. Whenever possible, customers are to provide at least 30-days advance notice of a deletion. Although contractor’s Oil Price Information Service (OPIS) price multiplier is to remain firm (See Pricing section 6), the fixed service fee for any new location is to be negotiated and be comparable to the contractors already established service fees with regard to contract additions.

d) Standby Fee

WSF will make every reasonable effort to ensure that vessels arrive at the terminal on time to receive fuel deliveries. However, unexpected or unavoidable delays occasionally occur. The bidder’s proposed service fee (coupled with the fuel pricing) is expected to cover all normal costs associated to a mobile marine refueling and is to include ¾ hour of free standby time for each marine delivery. Unless otherwise indicated in the demand profile price worksheets, additional delivery time (as a result of delays beyond ¾ hours) may be charged for at a rate of $75.00/hour, broken into ⅓ hour increments ($25 per 20 minutes). To receive compensation for standby, the charges are to be identified on the invoice as a separate line item and the customer representative must identify on the bill of lading the length of delay beyond the free ¾ hour standby time. In the unlikely event that WSF turns the contractor away from a scheduled delivery (for reasons unrelated to the contractor’s control) the contractor may bill the customer the amount of the already established service fee. In such cases, the customer representative is to make note on the bill of lading that the refueling was refused.

e) Emergency Delivery Fee

In the event of an emergency, the contractor will be required to fulfill an emergency bulk delivery within 6-hours of a verbal, electronic, written or faxed order. Emergency orders are to be top priority and the contractor must be equipped and prepared to successfully fulfill an emergency delivery 7-days a week, 24-hours a day. Therefore, the contractor shall furnish emergency order contact information and always be poised to receive and respond to an emergency order. Bidders are to propose a fixed emergency delivery fee that is to be added to the invoice as a separate line item following the fulfillment of an emergency order. Points have been allotted to the Emergency Delivery Fee relative the annual estimated number of Emergency Delivery occurrences.

4.2 FUEL TYPES

Achieving economies by streamlining the fuel types the state uses and advancing the use of biodiesel are strategic goals of the state. This will require coordination with our contractors and the exchange of strategic information. Whenever possible, it is the state’s intention to provide marine refueling contractors with at least 30-days advance notice of a major shift in fuel selection or additions. So that bidders can best plan and position themselves for this opportunity, a discussion of the state’s overall marine refueling strategy for each type of fuel follows:

a) Gasoline

At this time the state has no reason to expect that bulk gasoline refueling will be needed in the marine environment and therefore gasoline prices will not be solicited in this bid process.

b) Diesel

The state anticipates that all marine refueling will be diesel fuel which may include but is not limited to Ultra Low Sulfur Diesel (ULSD) 15 ppm sulfur, Low Sulfur Diesel (LSD) 500 ppm sulfur, BioDiesel and potentially Heating Oil #2 (High sulfur #2 diesel dyed).

c) Biodiesel (B100)

Biodiesel goals have been established yet the state recognizes that biodiesel is an emerging market posing significant challenges. A number of state contract users have already introduced biodiesel while others have expressed a desire to do so once the market matures and availability allows. The Washington State Ferries have very stringent biodiesel specifications and mixing requirements that must be met while other customers are more concerned about availability issues. Therefore, in an effort to advance the development and maturity of the biodiesel market, the state intends to offer customers two grades of biodiesel on a limited basis and broaden its use as market conditions dictate. This solicitation defines a “B#1” and “B#2” biodiesel grade in the specification section 5.2. Bidders are to propose pricing for both grades but because WSF represents the bulk of the refueling services, only the B#1 grade will be evaluated as part of the award determination process. Written pre-approval from the State Contract Administrator will be required before contract customers will be allowed to purchase biodiesel via this contract. Granting permission to utilize biodiesel will be based largely on market availability and the customer’s readiness to transition to a biodiesel blend.

d) Dyed Diesel

WSF as well as other customers who operate highway maintenance vehicles, publicly owned fire fighting equipment, and public transportation systems are authorized to purchase red dyed diesel fuel which is exempt from federal and state highway taxes. Therefore the state anticipates that the bulk of all diesel to be purchased will be dyed and the purchase of clear fuel via this contact must be pre-approved by the State Contract Administrator.

e) Future fuel types

Because the OPIS price index will serve as the basis for establishing contract pricing (see pricing section 6) and bid multipliers are to be applied to corresponding family of fuels, then the introduction of any new fuel type tracked by OPIS may (at the discretion of the state) be added to the contract. In the unlikely event fuel types other than diesel will need to be added to this contract, the state will negotiate with the contractor the addition and OPIS multiplier.

f) Additives/Conditioners/Treatments

At the purchaser's request, contractors may be required to supply and blend a fuel additive, conditioner or treatment products to the fuel purchased. The price charged for additives, conditioners or treatments shall not exceed the lowest price charged by the contractor to other purchasers and the prices are to be comparable to current market rates of other suppliers. At the customer’s request, the contractor is to provide supporting documentation to validate contract price compliance.

4.3 QUALITY STANDARDS

Marine refueling services will be initiated on an as needed basis but may include on-going regularly scheduled deliveries. The following shall apply to all deliveries:

a) Deliveries are to be made in a professional manner and in accordance with industry standard best practices. The Contractor shall comply with all applicable laws, ordinances, permits, and not unreasonably encumber the premises with equipment, materials and personnel. Delivery sites are to be kept free of the accumulation of waste, spillage or other debris caused by the delivery and the unloading of the fuel.

b) Tanks are to be filled in accordance with industry standard best practices and are not to be overfilled such that tank monitoring equipment malfunctions. The customer will be allowed to deduct any costs associated to resetting a tank’s monitoring equipment from the invoice should an overfill cause the equipment to malfunction.

c) The Contractor has the responsibility to verify delivery schedules. If the contractor arrives outside the scheduled delivery time and is unable to or denied access to making the delivery, the customer shall incur no expense and the Contractor assumes all liabilities and responsibility for that attempted delivery.

d) If the customer and the contractor arrange a mutually agreeable delivery date and time and the contractor is unable to fulfill the delivery because no customer representative was available (within ¾ hour of the agreed upon time) the contractor may bill the customer the service fee and then reschedule the delivery.

4.4 SAFETY STANDARDS

The handling of the fuel shall comply with all applicable safety laws and standards of the State of Washington and standards established by the United States Department of Homeland Security, United States Department of Transportation, the United States Department of Labor's Occupational Safety and Health Act (OSHA), accepted industry practices, and City/County requirements.

4.5 SECURITY

Some delivery sites may have security restrictions requiring delivery personnel pass a criminal background check before access is granted. In such cases, all on-site service personnel used to service these accounts must comply with customer security requirements and complete the necessary paperwork in order to perform the criminal background check. The customer is to coordinate this activity and provide the contractor sufficient advance notification of this requirement. The successful bidder is to comply with customer security requirements within 30-days of award.

WSF requirements for access control

Consistent with applicable federal regulations and the Coast Guard approved WSF security plan, all WSF delivery sites are considered restricted areas for security purposes. Successful bidders would be considered a WSF vendor and would need to follow established protocols for vendor security. All delivery personnel would either have to make application for, and obtain, a Transportation Worker's Identification Credential (TWIC) from the Federal Transportation Security Administration, which involves a criminal background check before access can be granted or would have to be fully escorted by a person holding a TWIC throughout the delivery process. During periods of elevated maritime security threat levels, as determined by the U.S. Coast Guard, additional operational restrictions may be imposed. The customer is to coordinate security activities and provide the contractor sufficient advance notification of changes.

WSF delivery sites are subject to Coast Guard Maritime Transportation Security Act regulations for access control and the delivery of fuels.

The MTSA implementing regulations require WSF to know who is accessing their property, and for what purpose. To comply with the regulations, WSF’s Alternative Security Plan calls for the following:

· Vendor/Contractor Employee Identification Lists. Fuel vendors are to submit and maintain an accurate list of all employees who will be delivering fuel to WSF sites. The list must also contain the name of the company contact persons, and contact phone numbers are good for any time period when one of their employees may be working at a WSF facility. Specifically, the above vendor/contractor information must be sent to:

Mr. Edmund (Ned) Kiley

Washington State Ferries Security Officer

2911 Second Avenue

Seattle, WA 98121-1080

Or emailed to: kileyn@wsdot.wa.gov

This list of employee names will be supplied to the WSF Operation Center Watch Supervisors, Terminal Supervisors, and Terminal Sellers who may reference the list when vendor/contractor employees need access to WSF facilities.

· Vendor/Contractor Employee I.D. Cards. Vendor employees are to present picture identification to a WSF Terminal Seller every time they seek entry onto WSF property. The identification must comply with U.S. Coast Guard I.D. requirements, in that it must:

· Contain the full name of the individual;

· Contain a photograph clearly depicting the person’s current facial features;

· Contain the name of the issuing organization; and

· Be laminated, or constructed of some other material so as to be tamper resistant.

NOTE: Most states’ drivers’ licenses fulfill U.S.C.G. identification requirements and are therefore acceptable means of identification at WSF.

· Vendor/Contractor Parking Pass. Should a vendor/contractor’s services require parking on a WSF terminal, the Terminal Seller will issue the employee a disposable parking pass that, when displayed, allows the vehicle to be parked at the terminal on the day of issue for the time duration services are being provided. A pass must be obtained each time the vendor’s vehicle enters the facility. Any vehicle not displaying a parking pass is subject to tow at owner’s risk and expense.

NOTE: All vehicles entering a WSF facility are subject to security screening by Washington State Patrol personnel.

· Restricted Areas. All areas on WSF terminals and vessels that are not considered public access areas shall be designated with conspicuous signs as restricted areas. Restricted areas will be locked, barricaded or otherwise physically delineated. Fuel vendor employees needing to enter a restricted area to provide services will need to be granted access by a WSF employee. Fuel vendor employees may be asked to present picture identification prior to entering a restricted area even if they previously showed identification upon entrance to the terminal. Vendor/contractor employees should not attempt to enter a restricted area without the permission/direction of a WSF representative. An unauthorized person in a restricted area constitutes a reportable breach of security that must be communicated to the U.S. Coast Guard.

NOTE: When the vehicle traffic arm at the head of the vehicle transfer span is in the down position the transfer span is a restricted area. Access to the vessel past the traffic arm is only allowed with permission from a WSF representative.

WSF security requirements for fuel delivery

Another requirement mandated by regulation is the need to ensure all materials taken aboard terminals and vessels are checked for appropriateness prior to being brought onboard. In addition to checking picture identification of the vendor employees delivering goods to WSF facilities, WSF’s security measures also require all fuel delivery to be checked against the order request form to ensure the fuel was legitimately ordered for that particular vessel.

Fuel deliveries will be according to a prearranged schedule. Upon arrival of the fuel truck at the terminal, WSF shall personally verify the driver’s identity, using the approved photo identification to ensure that it matches the expected driver on the schedule or the driver given by the WSF Operations center if there is a deviation from the schedule. Upon verification of the driver’s identity, and with the approval of the Person in Charge the fuel or oil truck will be allowed to access the vessel.

If the driver’s identity does not match any of the company employees in the vendor data base, the fuel or oil delivery will be denied until such time that the vendor can appropriately verify the driver’s identity through coordination with the Operations Center Watch Supervisor. If fuel or bulk lube oil has not been ordered, the Person in Charge shall refuse acceptance until appropriate verification can be established. At higher Marine Security (MARSEC) Levels additional restrictions may be imposed including the need for two pieces of identification.

Although the Coast Guard and TSA have issued regulations requiring persons having unescorted access to the secure areas of marine facilities and vessels to have a Transportation Workers Identity Credential (TWIC), WSF does not anticipate fuel delivery personnel will need a TWIC since they will be escorted throughout the delivery process.

4.6 NEGLIGENCE

The contractor assumes all liability and responsibilities for the handling and transportation of the fuel until it has been successfully placed in the storage tank(s) and the contractor has vacated the delivery site. The contractor shall be responsible for any and all damage to buildings and/or properties caused by delivery trucks, operating personnel and damages or services necessitated by the failure to deliver fuel or the delivery of faulty product and equipment. Any repair or clean up services shall be made at the contractor's expense and to the satisfaction of the customer. If the contractor fails to comply with these requirements within a reasonable time, the customer may deem it expedient to repair damages and perform the necessary services at the expense of the contractor. Should the fuel be negligently unloaded into the wrong tank (i.e. diesel fuel into a gasoline storage tank), the contractor is responsible for the immediate removal, cleaning and replacement of both products and liable for any resulting damage.

4.7 SPILL RESPONSIBILITIES

The contractor is solely responsible for any and all spills, leaks or releases, which occur as a result of, or are contributed to by, the actions of its agents, employees, or subcontractors. Therefore, the contractor is expected to take all measures as required by law to prevent fuel spills (which includes but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, or dumping into or onto any land or water). In the event of a fuel spill, leak, or release, the contractor shall be responsible for the required notifications, containment, clean up, and disposal of the oil spilled and agrees to take the following actions:

a) If warranted, evacuate and warn those persons that may be affected by the spill.

b) Immediately contact the appropriate Emergency Response Agencies as required.

c) Notify the appropriate customer representative of the spill.

d) Clean up the spill in a manner that complies with federal, state and local laws, regulations, rules and standards.

e) For spills, that occur other than on a customer’s owned or leased property; provide all notifications and reports as specified by federal, state and local laws, regulations, rules, standards and permits.

f) Complete all required spill prevention training (at the contractor’s expense).

g) Supply all required spill management and prevention equipment.

Note: Although the contractor will be responsible for supplying all spill management and prevention equipment, WSF has pre-staged 2000 feet of spill containment boom at nine (9) WSF terminal locations and this equipment is available as an optional resource should the contractor elect to utilize it. The locations are as follows: Point Defiance, Vashon, Southworth, Bremerton, Bainbridge, Kingston, Port Townsend, Clinton and Anacortes.

Should the contractor fail or refuse to take the appropriate and timely containment, clean up, disposal actions, the customer may do so and the contractor shall reimburse the customer for all expenses incurred including fines levied by appropriate agencies of federal or local governments. If there are no moneys due, the remediation costs shall be the responsibility of the contractor or submitted as a claim to the bonding company.

4.8 VOLUME VERIFICATION REQUIREMENTS

To ensure that delivery volumes are accurately calculated the following shall apply:

a) Dispensing meters are to be certified by the Washington State Department of Weights and Measures and delivery volumes shall not be temperature corrected.

b) Deliverer is to perform and record before and after delivery stick level readings for each delivery.

c) All invoices are to be accompanied with the appropriate volume delivery verification documentation including but not limited to a metered delivery ticket, bill of lading as well as a record of before and after delivery stick level readings.

d) Following approval by the state contract administrator and at the prompting of the customer, transport containers are to be sealed until the fuel is unloaded. For sealed container deliveries, if there is a significant difference (as determined by the customer) between the metered quantity and the reading obtained by sticking the tank, the customer will pay the metered quantity, provided that the customer representative verifies that the container was completely emptied.

e) Should a customer representative be unavailable to sign the delivery receipt, stick level readings will serve as proof of delivery. In such cases, the driver is to note on the receipt that “no one available to sign” and sign the receipt themselves. Invoices and payments shall be for gross gallons delivered.

5 Fuel Specifications

5.1 PETROLEUM FUEL

All fuel supplied must meet or exceed the most current ASTM specifications. The state reserves the right to test fuel samples to verify specification compliance and failure to supply fuel that meets the minimum specifications may result in contract termination.

5.2 BIODIESEL

Many customers have had success introducing biodiesel and are poised to increase their volume commitment as availability allows. Other high-volume fuel purchasers such as WSF have more demanding performance requirements dictating a more exacting and consistent specification of the highest purity so as to achieve reliable results. Should a problem arise, the customer may need to track down the source of the problem so as to rule out biodiesel as the root cause. As the biodiesel market matures, the state anticipates that biodiesel quality and reliability issues will be resolved. Until then, the state seeks to offer customers two different biodiesel specifications (B#1 & B#2) as defined herein. The main differentiator is that the B#1 specification is intended to offer customers improved quality control measures whereas the B#2 specification is intended to offer customers access to what is readily available. At a minimum, all B#1 biodiesel must conform to the following:

5.3 B#1 QUALITY

Besides adhering to government and industry quality standards, the B#1 must at a minimum:

a) Be produced by a BQ 9000 certified producer

Upon request of the purchaser, a certificate of analysis shall be provided for the B#1 ordered. The contractor shall retain this certificate for a period of 3 years. ASTM testing will be required for biodiesel suspected of not meeting the quality standards defined herein and will be at the contractors’ expense.

Note: The National Biodiesel Board BQ-9000 Accreditation Program has developed a system for monitoring the production, handling and distribution of biodiesel that maintains the fuel properties at the ASTM D6751 specification with rigorous requirements for sampling, testing, storage, retention of samples, blending and shipping.

b) Be consistent in manufacture (one producer utilizing one feedstock)

The distributor shall take a sample of the B-100 B#1 product from each batch and seal, label, and store the samples for a period of 7-months. Upon request of the purchaser, the contractor shall supply the sample for testing purposes.

c) Be free of contamination resulting in bacteria or condensation.

If bacteria are present, the appropriate treatment shall be applied to the biodiesel at the contractor’s expense.

d) Be filter-cleaned to 2 microns or less.

The B 100-B#1 must be filtered to 2 microns on transfer from storage tanks to the hauler's truck.

e) Be virgin from a single feedstock and homogeneous

Note: The inclusion of recycled products (i.e. “yellow grease”) in the manufacturing process will not be permitted for the B#1 specification.

f) Meet or exceed ASTM D-6751-06b specification

5.4 B#1 MINIMUM SPECIFICATIONS

Bidders must submit a letter from the Bidder’s proposed BQ 9000 certified producer stating that the minimum specifications as shown will be met or exceeded.

Property

Test Method

Current Limits

Units

Flash point (closed cup)

D 93

130.0 min

°C

Water and Sediment                    

D 2709

0.050 max

% volume

Kinematic Viscosity, 40°C

D 445

1.9–6.0

mm2/s

Sulfated Ash

D 874

0.020 max

% mass

Sulfur – S500

D 5453

0.05 max (500)

% mass (ppm)

Sulfur – s15

D 5453

.0015 max (15)

% mass (ppm)

Copper Strip Corrosion

D 130

No. 3 max

Cetane Number

D 613

47 min

Cloud Point

D 2500

-1°

°C

Carbon Residue

D 4530

0.050 max

% mass

Acid Number

D 664

0.50 max

mg KOH/g

Free Glycerin

D 6854

0.020

% mass

Total Glycerin

D 6854

0.240

% mass

Phosphorus Content

D 4951

0.001 max

% mass

Distillation Temperature, AET, 90%

D 1160

360 max

°C

Calcium and Magnesium

EN 14538

5.0 max

ppm (ug/g)

Sodium plus Potassium (combined)

EN 14538

5.0 max

ppm (ug/g)

Oxidation Stability

EN 14112

3 min

hours

Water content

Karl Fischer Moisture

500 max

ppm

Particulate contamination

24 max

mg/kg

Visual Appearance

D 4176

Free of undisolved water, sediment and suspended matter

5.5 B#1 BLENDING & HANDLING

Unless otherwise specified, the blending and handling of biodiesel must to conform to the most current BioDiesel Handling and Use Guidelines as defined by the U.S. Department of Energy (currently September 2006, Third Edition, http://www.nrel.gov/docs/fy06osti/40555.pdf ).

a) The hauler shall blend the B100#1 with petroleum diesel as specified by the customer.

b) The hauler is to load the biodiesel prior to loading the petroleum diesel.

c) The B100#1 is to be transferred using clean, dedicated hoses that are properly labeled for that purpose only.

d) Unless the customer specifies otherwise (in writing) Biodiesel is to be metered into the haulers compartments.

e) Each compartment in the haulers vehicle shall be loaded with the correct percentage of biodiesel corresponding to the blend ordered. If for example a B-20#1 blend was ordered, each compartment shall contain 20% by volume of biodiesel. Likewise, if a B-5#1 blend was ordered, each compartment shall contain 5% by volume of biodiesel.

f) After the biodiesel is loaded into the haulers truck, the tanks are then to be filled with petroleum diesel so as to achieve the requested biodiesel blend ratio and to achieve proper mixing.

g) Biodiesel blends shall be delivered to the receiving vessel in a homogenous state.

5.6 B#1 SAMPLING & TESTING

So as to rule out biodiesel as the cause of any trouble, the contractor shall obtain two samples of the delivered product upon request of the purchaser. These samples shall be retained by the contractor for 7 months from the delivery date and provided to the end user upon request. The two samples shall consist of:

a) A one-quart sample of B-100#1 at the time the biodiesel is loaded into the hauler’s tank truck and

b) Unless the customer specifies otherwise, a 1-quart sample of the blended, finished product (e.g. B-20, B-5) at the time of delivery. This sample shall be taken from the middle of one of the hauler’s tank truck compartments using an appropriate sample gathering device.

5.7 B#1 PRODUCT AGE

Biodiesel in its pure form (B-100) is known to degrade due to age. The state seeks to obtain as fresh a product as practical but in no case shall the product be older than four months from the date of manufacture.

5.8 BIODIESEL B#2 QUALITY

Besides adhering to government and industry quality standards, the B#2 must at a minimum:

a) Be consistent in manufacture (one producer utilizing one feedstock)

b) Be free of contamination resulting in bacteria or condensation.

If bacteria are present, the biodiesel the appropriate treatment shall be applied at the contractor’s expense.

c) Be virgin from a single feed stock.

d) Meet or exceed ASTM-D-6751-06b specification

5.9 BIODIESEL B#2 BLENDING & HANDLING

Unless otherwise specified, the blending and handling of biodiesel must conform to the most current BioDiesel Handling and Use Guidelines as defined by the U.S. Department of Energy (currently September 2006, Third Edition, http://www.nrel.gov/docs/fy06osti/40555.pdf ).

a) The hauler shall blend the B100#2 with petroleum diesel as specified by the customer.

b) The hauler is to load the biodiesel in accordance with industry standards.

c) Unless the customer specifies otherwise (in writing) Biodiesel is to be metered into the haulers compartments.

d) Each compartment in the haulers vehicle shall be loaded with the correct percentage of biodiesel corresponding to the blend ordered. If for example a B-20#2 blend was ordered, each compartment shall contain 20% by volume of biodiesel. Likewise, if a B-5#2 blend was ordered, each compartment shall contain 5% by volume of biodiesel.

e) After the biodiesel is loaded into the haulers truck, the tanks are then to be filled with petroleum diesel so as to achieve the requested biodiesel blend ratio and to achieve proper mixing.

5.10 BIODIESEL B#2 PRODUCT AGE

Biodiesel in its pure form (B-100) is known to degrade due to age. The state seeks to obtain as fresh a product as practical but in no case shall the product be older than four months from the date of manufacture.

Bidder to identify B#2 OPIS price multiplier $_________ (see biodiesel pricing section below)

6 Pricing

Contract pricing for refueling services will incorporate a SERVICE FEE coupled with FUEL PRICING methodology and together these two pricing components are expected to cover all costs associated to a marine refueling. So as to insulate the Contractor(s) from the impact of any modifications to fuel related taxes and fees (i.e. first possessor fees or hazmat fees), all fuel related taxes and fees are to be added to invoices on a pass through basis and identified the invoices as a separate line item. Below is an overview of how fuel prices will be calculated and how the service fees will be applied.

6.1 FUEL PRICING

Fuel prices will be allowed to increase or decrease during the life of the contract and the OPIS DAILY “CONTRACT” AVERAGE rack prices (correlated to the actual delivery date) will serve as the basis for establishing contract fuel prices. With the possible exception of biodiesel, no other price change publication shall be considered. Below is a table identifying the OPIS reference city for mobile marine refueling terminals to be bid and the OPIS reference city will be used to establish fuel prices for all deliveries located in that terminal irregardless of where the contractor sources the fuel to be delivered.

6.2 MOBILE MARINE REFUELING OPIS RACK REFERENCE CITIES

Below are the OPIS Rack Reference Cities that are to be used to establish contract fuel prices for the WSF terminals listed below. All other mobile refueling services are to use the Rack Reference City (either Anacortes or Tacoma) closest to the actual delivery site.

Region

OPIS Reference City

Clinton/Mukilteo

Anacortes

Anacortes

Anacortes

Fauntleroy

Tacoma

Port Townsend

Tacoma

Bremerton

Tacoma

Point Defiance

Tacoma

6.3 OPIS DAILY POSTING

The state will make available to our customers the OPIS daily contract averages for the purpose of validating contract prices have been correctly calculated. If it appears that an error has occurred with regard to an OPIS posting, the state shall contact the publisher for clarification and the corrected price shall be applicable. Contractor(s) shall be required to maintain their own subscription to OPIS in order to correctly prepare invoices.

6.4 BIODIESEL PRICING

All mobile marine refueling bidders are to propose a biodiesel bid multiplier for the B#1 grade of biodiesel as defined herein (Product Specifications section 5.2 ). The OPIS BioDiesel daily report (the Tacoma B100 rack price) will serve as the basis for establishing biodiesel contract pricing. At the discretion of the state Contract Administrator, the state reserves the right to add biodiesel reference cities or adopt an alternative biodiesel price change mechanism for the purpose of more accurately reflecting the current biodiesel market condition but it is not to impact the contractors profit margins. Biodiesel purchasers are to receive the appropriate proportion of B100 necessary to achieve the requested biodiesel blend. For example if the customer desires 1,000 gallons of a ULSD-B20 blend, the contractor would acquire and blend (in accordance with biodiesel specifications) 800 gallons of ULSD with 200 gallons of B100. Additionally, the customer is to receive all applicable “Blender” tax credits which are to be identified on the invoice as a separate line item as a credit.

6.5 SERVICE FEE

Bidders must propose a fixed service fee for all delivery sites identified in the price worksheets. The service fee is to be charged (and added to each invoice as a separate line item) for each refueling event irregardless of the amount of fuel delivered. The fuel price coupled with the service fee is expected to cover all costs that are normally associated to a refueling and the fulfillment of contract terms. However, an emergency delivery fee and standby fee may also be applied to marine refueling when applicable (see section 4.1).

6.6 ORDER QUANTITIES

There will be no minimum order quantities as the service fee is expected to cover costs normally associated to a typical delivery (other than fuel costs) irregardless of the amount of fuel delivered.

6.7 CUSTOMER FUEL DEMAND PROFILES

The price worksheets (see section 8.5) include fuel demand profiles for the terminals to be serviced. Be advised that although demand profiles reflect the best available information and projections, the state does not guarantee its accuracy or volume commitments and therefore bid prices should be formulated accordingly.

7 Invoicing Requirements7.1 INVOICES

The state recognizes payment delays can be costly but vendors should also recognize that the inability to readily validate contract pricing has been correctly calculated and that delivery terms have been fulfill is the primary cause of payment delays. Therefore, so as to streamline invoice audits and to empower contractors to get paid more quickly, all invoices are to be accompanied with all supporting documentation needed to readily verify that contract prices have been correctly calculated and delivery terms have been met. This may include but may not be limited to:

a) A copy of the applicable OPIS posting used to calculate contract pricing

b) A copy of the meter ticket or bill of lading as applicable

c) Record of before & after delivery stick level readings

d) Delivery receipt signed by the appropriate customer representative

Invoices (as well as supporting documentation) are to be sent to the customer within 3-business days of the delivery and electronic invoices (preferably in an excel format) are to be followed up with hard copies. To ensure that invoices are processed in a timely manner contractors are to be diligent in preparing invoices as incorrect invoices may be returned unpaid for correction, reissue, and will likely result in delayed payments. The contractor shall submit a separate invoice for each delivery and at a minimum identify the following:

· Contract number

· Customer name

· Customer account number

· Invoice number

· Delivery location (Terminal for WSF)

· Vessel Name

· Date of invoice

· Date of delivery

· Time of delivery (Required for WSF)

· Amount of fuel delivered (in gallons)

· Description of fuel delivered (separate line item for each fuel type delivered)

· Contractor’s OPIS Daily bid multiplier (may be identified as a comment on invoices)

· OPIS Daily Contract average reference price (may be identified as a comment on invoices)

· Fuel additives or conditioners (if applicable)

· Contractors service fee (relevant to that delivery site)

· Emergency delivery fee (if applicable)

· Standby fee (if applicable)

· Fuel tax credits (if applicable)

· Applicable fuel related taxes (separate detail line for each tax)

· Applicable fuel related fees separate detail lines (i.e. Hazmat, First Possessor)

· BioDiesel tax credits must appear as a separate line item on invoices and may be identified as a comment on invoices.

· (As a separate Invoice) Ferry passage reimbursement if applicable

8 Bidder Information 8.1 OFFER AND AWARD

Bidders are required to read and understand all information contained within this entire bid package. There are some standard documents, which are referred to in this bid package that are not automatically printed or sent out with this bid. For example, Competitive Procurement Standards (Standard Terms and Conditions, Instructions to Bidders, Definitions), Sales/Service & Subcontractor Report are binding terms of this contract. It is important that you read and understand these documents. These documents are available on our website at http://www.ga.wa.gov/pca/cps.htm. If you do not have Internet access, you may contact the State Procurement Officer to obtain copies of any and all documents contained in this bid package.

STANDARD DEFINITIONS revised 06/02/03

STANDARD INSTRUCTIONS FOR BIDDERS revised 06/02/03

STANDARD TERMS AND CONDITIONS revised 03/09/06

Bidder further offers to furnish materials, equipment or services in compliance with all terms, conditions, and specifications herein including all amendments. Submitting this document with an authorized signature constitutes complete understanding and compliance with the terms and conditions and certifies that all-necessary facilities or personnel are available and established at the time of bid submittal.

(Company Name)

(Typed or Printed Name)

(Address)

(Title)

(City)

(State)

(Zip)

(Phone No.)

(Federal Tax Identification Number)

(Bidder’s Signature)

(Date)

(Email)

CONTRACT AWARD

(For State of Washington Use Only)

The contract 02207 is hereby awarded between the above company and the State of Washington, Office of State Procurement, Purchasing and Contract Administration, to be effective

, Year

. This is a Total award for Marine Mobile Refueling Services

Authorized Signatures

(State Procurement Coordinator)

(Date)

(Administrative Director)

(Date)

8.2 BID INFORMATION

Bidder to complete and submit the following:

a) Firms bidding from California only: Is your firm currently certified as a small business under California Code, Title 2, Section 1896.12? Yes FORMCHECKBOX No FORMCHECKBOX

b) Washington State utilizes VISA card: Check the box of the credit cards accepted:

FORMCHECKBOX Visa FORMCHECKBOX MasterCard FORMCHECKBOX American Express FORMCHECKBOX Other _____________

8.3 BIDDER CONTACT INFORMATION:

Please indicate Toll free customer telephone number (____) _____ - ________Website address: _______________________

Contract Administrator

Emergency Order – Contract (24/7)

Name:

Name:

Telephone:

Telephone:

Fax:

Mobile:

Email:

Email:

Customer Service Representative

Sales Usage Report Contact

Name:

Name:

Telephone:

Telephone:

Fax:

Fax:

Email:

Email:

Order Entry and Billing Information:

Orders to be sent to:

Billing will be from:

Payment to be sent to:

8.4 SUBCONTRACTOR INFORMATION

Bidders shall complete the following required information. Where additional space is needed and/or where specifically requested, submit an attached letter.

Identify any subcontractors who will perform services or deliver product in fulfillment of contract requirements and briefly describe the nature of their involvement and anticipated dollar value of each subcontract. Include federal tax identification (TIN) number for each subcontractor:

Subcontractor:

OMWBE:

Yes FORMCHECKBOX No FORMCHECKBOX

Contact:

Phone:

Involvement:

$ _____________ % _____

Address:

TIN:

City, State Zip:

Coast Guard Certified? Yes FORMCHECKBOX No FORMCHECKBOX

Email Address

Description of involvement:

Subcontractor:

OMWBE:

Yes FORMCHECKBOX No FORMCHECKBOX

Contact:

Phone:

Involvement:

$ _____________ % _____

Address:

TIN:

City, State Zip:

Coast Guard Certified? Yes FORMCHECKBOX No FORMCHECKBOX

Email Address

Description of involvement:

Subcontractor:

OMWBE:

Yes FORMCHECKBOX No FORMCHECKBOX

Contact:

Phone:

Involvement:

$ _____________ % _____

Address:

TIN:

City, State Zip:

Coast Guard Certified? Yes FORMCHECKBOX No FORMCHECKBOX

Email Address

Description of involvement:

8.5 PRICE WORKSHEETS (95,000 Available Points)

Embedded below is an Excel workbook that includes price worksheets for the mobile marine refueling terminals to be serviced. Note: As an option, WSF is prepared and committed to pay properly prepared mobile marine refueling invoices within 10 business days of receipt of the invoice using electronic fund transfer and therefore bidders should formulate prices accordingly. To be eligible for award, bidder must propose NOT-TO- EXCEED pricing for all the requested items identified in the price worksheets and all values must be greater than “0”. The requested OPIS price multiplier is not to exceed 4-decimal places to the right of the decimal point and the requested service fees are not to exceed 2-decimal places to the right of the decimal point. Points have been allotted to each item to be bid. To understand how points will be awarded see section 9 Evaluation & Award.

07705 Bulk Marine

Market Basket.xls

8.6 REFERENCES (10,000 Available Points)

WSF will be the primary customer of the resulting contract and high quality reliable service is a critical success factor of WSF operations. Reference questionnaires will be used to measure a bidder’s past performance and at least one of the bidder’s references must be a marine refueling customer. A total of 2,500 points is available for each reference questionnaire and only those bidders who reach Phase III of the evaluation will scored for references. The bidder is to identify not more than three (3) commercial or government customer references (in the table below) who have purchased at least 10,000 gallons of fuel from your firm within the past 2 years. Additionally, for those bidders who have provided refueling services to WSF in the past 2 years, the Procurement Coordinator will have a representative of WSF complete a reference questionnaire for that bidder. If any of the bidder’s reference responses indicate an unacceptable rating, that bidder will be disqualified. Additionally, if the sum total of the reference questionnaires received is less than 5,000 points then that bidder will be disqualified. The state will make every reasonable effort to ensure that the customer references identified have the opportunity to respond to this request.

REFERENCE WORKSHEET

Reference Name

Employer

Phone

Email Address

1.

2.

3.

Has your firm provided refueling services to WSF any time in the last 2-years? Yes FORMCHECKBOX No FORMCHECKBOX

If so, approximately how many gallons of fuel has your organization provided WSF over the past two years?

Gallons _________________

9 IFB EVALUATION & AWARD9.1 EVALUATION & AWARD

In accordance with Competitive Procurement Standards the state intends to award the contract(s) to the lowest responsive and responsible bidder(s) offering the greatest overall value. A point system will be used to determine the greatest over all value and bidders may accumulate points based on both cost and non-cost factors. To aid in the evaluation process, the state may request a meeting with the bidder(s) to seek clarification of the bidder’s response in meeting the nature and scope of the contractual requirements. In no manner shall such action be construed as negotiations or an indication of the state’s intention to award.

The evaluation process will include 4-phases as described below:

a) Phase I—Initial Screening

In this phase, IFB responses will be screened for conformance to IFB requirements. Only those responses that pass the initial screening will receive further consideration.

b) Phase II—Price scoring (95,000 available Points)

Points have been allotted to each item to be bid in the price worksheets. The bidder with the lowest BID EVALUATION price will receive the maximum points allotted for that item. All other bidders’ point totals for that item will be proportionate to the lowest BID EVALUATION price. See the example calculation below.

Example: (Lowest BID EVALUATION price) ÷ (Bidder’s BID EVALUATION price) x Weighting = Price points

$100 ÷ $200 x ( 60pts) = 30 Price points

The bidders’ price points for all requested items will be totaled. The bidder with the highest price point total will be automatically eligible for phase III of the evaluation. Additionally, only those bidders whose total price points are within 10,000 points of the bidder with the highest point total will be eligible for Phase III of the evaluation. For those bidders who reach Phase III of the evaluation, reference questionnaires will be sent to the references identified and WSF if applicable (see references section 8.6).

c) Phase III—References (10,000 available Points)

In Phase III of the evaluation process, the bidder’s reference questionnaire points will be totaled. However, if any of the references indicate that the 10,000 gallon minimum requirement was not met or if any of the reference questionnaires identifies an unacceptable score then that bidder will be disqualified. Additionally, if none of the references identified are marine refueling customers as required, that bidder will be disqualified. Lastly, if the sum total of the reference questionnaires received is below 5,000 points then that bidder will be disqualified. If a bidder is disqualified in Phase III then Phase II of the evaluation process will be repeated but without the disqualified bidder. Only those bidders who are not disqualified in Phase III will be eligible for Phase IV of the evaluation process.

d) Phase IV—Final Scoring & award determination

If a Bidder qualifies for Phase IV of the evaluation, that Bidder’s PRICE POINTS (95,000 available points) and REFERENCE POINTS (10,000 available points) will be added together in determining the bidder’s Final Score. The bidder who complies with IFB requirements and possesses the highest point total will be awarded the mobile marine refueling service contract.

10 Special Terms & Conditions10.1 CONTRACTOR PERFORMANCE

a) General Requirements: The state, in conjunction with contract users, monitors and maintains records of Contractor performance. Said performance shall be a factor in evaluation and award of this and all future contracts. Purchasers will be provided with product/service performance report forms to forward reports of superior or poor performance to the State Procurement Officer.

b) Liquidated Damages: The state has an immediate requirement for the materials, equipment or services specified herein. Bidders are urged to give careful consideration to the state’s requirements and to the manufacturer’s production capabilities when establishing a delivery date(s). Liquidated damages will be assessed in the amount of $110,000 or the amount equal to the actual damages incurred by the state (i.e. rebid cost & emergency delivery spot market costs, etc.) as a result of Contractor’s failure to perform herein, whichever is greater. This is not a penalty. Bidder agrees that this is a reasonable assessment of the state’s damages for a failure to perform this contract.

c) Cost of Remedying Defects: All defects, indirect and consequential costs of correcting, removing or replacing any or all of the defective product, materials or equipment will be charged against the Contractor. Contractor(s) will not however be liable for defects resulting from improper installation by purchaser.

10.2 MATERIALS AND WORKMANSHIP

The Contractor shall be required to furnish all new materials, equipment and/or services necessary to perform contractual requirements. Materials and workmanship in the construction of equipment for this contract shall conform to all codes, regulations and requirements for such equipment, specifications contained herein, and the normal uses for which intended. Materials shall be manufactured in accordance with the best commercial practices and standards for this type of equipment. Refurbished products are not allowed without prior approval by purchaser.

10.3 DELIVERY DEFALT

In the event that the contractor fails to fulfill delivery terms the customer may purchase fuel from another supplier and the Contractor will be responsible for paying any additional acquisition costs. Habitual late or otherwise non-compliance to delivery terms shall be grounds for contract termination and recovery of damages.

10.4 PRICING AND ADJUSTMENTS

The state recognizes that fuel market fluctuations can impact the haulers B&O taxes as well as the cost of fuel needed to perform deliveries. Even so, the fixed service fee in combination with the OPIS fuel price multiplier allows bidders to protect profit margins irregardless of market fluctuations. Furthermore, because all fuel related taxes and fees are to be charged to customers on a pass-through basis, any fuel related fee or tax code adjustments will not impact the bidder’s profit margin. The only known tax adjustment that could potentially impact the contractor(s) profit margins is B&O (currently sale price x 0.0047). Therefore, in the event the B&O tax increases (or decreases) the contractors OPIS fuel price multiplier is to be adjusted relative to the adjustment to the B&O tax rate. No other price adjustments will be considered unless unanticipated market conditions warrant such action. In such cases the decision to grant a price adjustment will be at the discretion of the State Contract Administrator and shall not result in a higher profit margin for the contractor.

10.5 OTHER AGREEMENTS

During contract life, should the contractor enter into an agreement (of similar in scope and value) with another customer which incorporates improved benefits or pricing, the contractor shall immediately notify the State Contract Administrator and amend the state contract to provide similar benefits or pricing.

10.6 PURCHASING CARD ACCEPTANCE

In an effort to streamline the purchasing and payment process, the State is encouraging agencies to use the state contracted purchasing card to facilitate small dollar purchases. While at the present time, it is not mandatory that contractors accept credit card purchases, we encourage all state contractors to consider this alternate payment process. Please indicate in Bid Submittals which card(s) you presently accept and payment discount you may offer the state. The current card available for state agency use is a VISA product.

10.7 RIGHT TO CANCEL

In accordance with RCW 43.19.1911 OSP reserves the right to cancel or reissue this acquisition at any time without obligation or liability

10.8 REPORTING REQUIREMENTS

Providing timely and ongoing quarterly customer sale usage reports will not only be a contract requirement but will also an important factor impacting in the decision to extend contract(s). Below is a description of the reports that are to be provided.

a) Sales & Subcontractor Report

A quarterly Sales and Subcontractor Report shall be submitted in the format provided by the Office of State Procurement. Bidders may retrieve the report electronically at http://www.ga.wa.gov/PCA/forms/usage.doc . Total purchases for each State Agency and higher education institutions are to be shown separately. Total purchases for all political subdivisions and non-profit organizations may be summarized as one customer. Reports are due thirty (30) days after the end of the calendar quarter, i.e., April 30th, July 31st, October 31st and January 31st.

b) State Contract Administrator Required Report

This report will be designed by the State Contract Administrator. At a minimum, the contractor must have the information available to report (in an electronic spreadsheet format) on a Quarterly basis the following:

· Customer name

· Delivery site

· Fuel type delivered (i.e. ULSD, biodiesel, etc.)

· Gallons delivered (per fuel type) per quarter

· Date of delivery

· Cost of the delivery less taxes & fees

c) Retention of Records

The contractor shall maintain, for at least three years after completion of this contract, all relevant records pertaining to this contract. This shall include, but not be limited to, all records pertaining to actual contract performance from the date of contract award. It shall also include information necessary to document the level of utilization of MWBE’s and other businesses as subcontractors and suppliers in this contract as well as any efforts the contractor makes to increase the participation of MWBE’s. The contractor shall also maintain, for at least three years after completion of this contract, a record of all quotes, bids, estimates, or proposals submitted to the Contractor by all businesses seeking to participate as subcontractors or suppliers in this contract. The State shall have the right to inspect and copy such records. If this contract involves federal funds, Contractor shall comply with all record keeping requirements set forth in any federal rules, regulations, or statutes included or referenced in the contract documents.

10.9 INSURANCE REQUIREMENTS

General Requirements: Contractor shall, at their own expense, obtain and keep in force insurance as follows until completion of the contract. Contractor shall furnish evidence in the form of a Certificate of Insurance satisfactory to the state that insurance in the following kinds and minimum amounts has been secured within fifteen (15) calendar days of receipt of notice of award. Failure to provide proof of insurance, as required, shall result in contract cancellation.

Contractor agrees to assume full liability for all claims arising from this contract including claims resulting from negligent acts of all subcontractor(s). Contractor is responsible to ensure subcontractor(s) have insurance as needed. Failure of subcontractor(s) to comply with insurance requirements does not limit Contractor’s liability or responsibility.

All insurance provided in compliance with this contract shall be primary as to any other insurance or self-insurance programs afforded to or maintained by State.

a) Specific Requirements:

Employers Liability (Stop Gap): The Contractor shall at all times comply with all applicable workers’ compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable and shall maintain Employers Liability insurance with a limit of no less than $1,000,000.00. The state shall not be held responsible in any way for claims filed by the Contractor or their employees for services performed under the terms of this contract.

Commercial General Liability Insurance: The Contractor shall at all times during the term of this contract, carry and maintain commercial general liability insurance and if necessary, commercial umbrella insurance for bodily injury and property damage arising out of services provided under this contract. This insurance shall cover such claims as may be caused by any act, omission, or negligence of the Contractor or its officers, agents, representatives, assigns, or servants.

The insurance shall also cover bodily injury, including disease, illness, and death and property damage arising out of the Contractor’s premises/operations, independent Contractors, products/completed operations, personal injury and advertising injury, and contractual liability (including the tort liability of another assumed in a business contract), and contain separation of insured's (cross liability) conditions.

Contractor waives all rights against the State for the recovery of damages to the extent they are covered by general liability or umbrella insurance.

The limits of liability insurance for shall not be less than:

1. General Liability:  $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage, and for those policies with aggregate limits, a $2,000,000 aggregate limit.

2. Automobile Liability:  $1,000,000 combined single limit per accident for bodily injury and property damage.  MSC90 endorsement and CA 9948 endorsement including upset and overturn.

3. Workers' Compensation:  Statutory requirements of the State of residency.

4. Employers Liability Stop Gap:  $1,000,000.

5. Umbrella $4,000,000 over General Liability and Automobile to equal $5,000,000 per occurrence limit.

6. Pollution Liability: $5,000,000. Coverage to include loading and unloading of all petroleum products.

Business Auto Policy (BAP): In the event that services delivered pursuant to this contract involve the use of vehicles, or the transportation of clients, automobile liability insurance shall be required. The coverage provided shall protect against claims for bodily injury, including illness, disease and death; and property damage caused by an occurrence arising out of or in consequence of the performance of this service by the Contractor, subcontractor, or anyone employed by either.

The business auto liability shall include Hired and Non-Owned coverage.

Contractor waives all rights against the State for the recovery of damages to the extent they are covered by business auto liability or commercial umbrella liability insurance.

b) Additional Provisions: Above insurance policies shall include the following provisions:

Additional Insured: The State of Washington and all authorized contract users shall be named as an additional insured on all general liability, umbrella, excess, pollution and property insurance policies. All policies shall be primary over any other valid and collectable insurance.

Notice of policy(ies) cancellation/non-renewal: For insurers subject to RCW 48.18 (Admitted and regulated by the Washington State Insurance Commissioner) a written notice shall be given to the State forty-five (45) calendar days prior to cancellation or any material change to the policy(ies) as it relates to this contract.

For insurers subject to RCW 48.15 (Surplus Lines) a written notice shall be given to the State twenty (20) calendar days prior to cancellation or any material change to the policy(ies) as it relates to this contract.

If cancellation on any policy is due to non-payment of premium, the State shall be given a written notice ten (10) calendar days prior to cancellation.

Identification: Policy(ies) and Certificates of Insurance shall reference the state’s bid/contract number.

Insurance Carrier Rating: The insurance required above shall be issued by an insurance company authorized to do business within the State of Washington. Insurance is to be placed with a carrier that has a rating of A- Class VII or better in the most recently published edition of Best’s Reports. Any exception shall be reviewed and approved by the Risk Manager for the State of Washington, by submitting a copy of the contract and evidence of insurance before contract commencement. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies shall comply with RCW 48.15 and WAC 284-15.

Excess Coverage: The limits of all insurance required to be provided by the Contractor shall be no less than the minimum amounts specified. However, coverage in the amounts of these minimum limits shall not be construed to relieve the Contractor from liability in excess of such limits.

Pollution Coverage: Contractor shall obtain pollution legal liability coverage for the duration of the contract, including investigation and legal defense costs, for bodily injury and property damage, including loss of use of damaged property or of property that has not been physically damaged or destroyed. Such coverage shall provide coverage for both on-site and off-site clean-up costs and cover gradual and sudden pollution.

Maritime Laws and Coverage: Contractor is responsible for providing insurance to comply with Longshoremen‘s and Harbor Workers’ Act and Jones Act if applicable to the work or services provided under this contract.

-END-

State of Washington

DEPARTMENT OF GENERAL ADMINISTRATION

Office of State Procurement

CUSTOMER REFERENCE QUESTIONNAIRE

Bidder Name: _______________________

CUSTOMER REFERENCE:

Please complete and FAX questionnaire to:

Employer:

Attention:

Steve Krueger

Name:

Title:

FAX:

(360) 586-2426

Phone Number:

The State of Washington is conducting a bid for (Mobile Marine Refueling Services) and customer references will be used to evaluate the bidder’s past performance. In order for a bidder to receive consideration, the Office of State Procurement must receive the completed reference form within 5-days of the request. Your cooperation is greatly appreciated.

1. Approximately how many of gallons of fuel the bidder provided your organization in the last 2-years?

1 Million +

999,000 – 700,001

700,000 – 400,001

400,000 – 100,001

100,000 – 10,000

Less than 10,000

FORMCHECKBOX 500 Points

FORMCHECKBOX 400 Points

FORMCHECKBOX 300 Points

FORMCHECKBOX 200 Points

FORMCHECKBOX 100 Points

FORMCHECKBOX Unacceptable

Were the refueling services preformed in a marine environment? FORMCHECKBOX Yes FORMCHECKBOX No

2. Please rate the overall quality of service received.

Exceptional

(Available Points)

FORMCHECKBOX

(500)

FORMCHECKBOX

(400)

FORMCHECKBOX

(300)

FORMCHECKBOX

(200)

FORMCHECKBOX

(100)

FORMCHECKBOX

Unacceptable

3. Please rate the bidder’s accessibility, responsiveness and overall quality of customer service.

Exceptional

(Available Points)

FORMCHECKBOX

(500)

FORMCHECKBOX

(400)

FORMCHECKBOX

(300)

FORMCHECKBOX

(200)

FORMCHECKBOX

(100)

FORMCHECKBOX

Unacceptable

4. Please rate the bidder’s track record for meeting delivery dates and overall promptness of delivery.

Exceptional

(Available Points)

FORMCHECKBOX

(500)

FORMCHECKBOX

(400)

FORMCHECKBOX

(300)

FORMCHECKBOX

(200)

FORMCHECKBOX

(100)

FORMCHECKBOX

Unacceptable

5. Please rate the bidder’s overall accuracy, completeness, and timeliness of invoicing.

Exceptional

(Available Points)

FORMCHECKBOX

(500)

FORMCHECKBOX

(400)

FORMCHECKBOX

(300)

FORMCHECKBOX

(200)

FORMCHECKBOX

(100)

FORMCHECKBOX

Unacceptable

Reference Signature ________________________________ Date: _________________________

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Clinton-Mukilteo

Terminal:MukilteoClinton701 Front Street64 South Ferrydock RoadMukilteo WA 98204Clinton WA 98236Bidder Name-->Bidder to ProposeNot-To-ExceedDIESELOPIS DailyMultiplier(790 Availabe Points)Bid Evaluation ↓Bidder to ProposeNot-To-ExceedBioDiesel B#1OPISMultiplier(43 Available Points)Bid Evaluation ↓Bidder to ProposeNot-To-ExceedEmergency Delivery Fee(80 Available Points)Bid Evaluation ↓

Bulk MarineItem #VesselDelivery MethodFuel TypeFrequencyDay of WeekTime(hours)EstimatedGallonsPer DeliveryEstimatedAnnualVolumeEstimatedNumber ofDeliveriesService FeeAvailablePointsBioDieselB#1AvailablePointsBidder toProposeNot-To-ExceedService Fee$1.50$1.75$2.00$2.25$2.50$2.75$3.00$3.25

1Vessel #1Truck & TrailerLS#2 DyedWeeklyMon or Tue21:0010,000520,000523,873204$0$0$0$0$0$0$0$0$0$0<-Bid Evaluation

2Vessel #2Truck & TrailerLS#2 DyedWeeklyWed or Fri21:0010,000520,000523,873204$0$0$0$0$0$0$0$0$0$0<-Bid Evaluation

1,040,0001048,153

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• A monthly schedule will be published by Ferries Engine Dispatch and is typically sent to the Contractor one week in advance of a new month.

• Fueling will take place at the Clinton terminal.

• Contractor may drive aboard vessel in Mukilteo on its last run & ride vessel to Clinton. Once the vessel discharges passengers & vehicles, truck may drop its load. Truck may then ride the other vessel back to Mukilteo. One vessel operates late with a 12:30 AM departure from Clinton. Alternatively, the contractor may meet the vessel in Clinton at the designated time and drop its load. It is possible to drive to Clinton via the Deception Pass Bridge.

• Contractor is responsible for paying passage to ride the ferry to make fuel delivery. Contractor may obtain full reimbursement for the ferry charges by attaching the ferry toll receipts to the applicable fuel invoice.

Anacortes

TerminalAnacortes2100 Ferry Terminal Road Suite AAnacortes WA 98221Bidder Name-->Bidder to ProposeNot-To-ExceedDIESELOPIS DailyMultiplier(790 Availabe Points)Bid Evaluation ↓Bidder to ProposeNot-To-ExceedBioDiesel B#1OPISMultiplier(43 Available Points)Bid Evaluation ↓Bidder to ProposeNot-To-ExceedEmergency Delivery Fee(436 Available Points)Bid Evaluation ↓

Bulk MarineItem #VesselDelivery MethodFuel TypeFrequencyDay of WeekTime(hours)EstimatedGallonsPer DeliveryEstimatedAnnualVolumeEstimatedNumber ofDeliveriesService FeeAvailablePointsBioDieselB#1AvailablePointsBidder toProposeNot-To-ExceedService Fee$1.50$1.75$2.00$2.25$2.50$2.75$3.00$3.25

1Vessel # 1Truck & TrailerLS#2 Dyed3 x WeekMonday22:009,300483,600523,602190$0$0$0$0$0$0$0$0$0$0<-Bid Evaluation

2Wednesday22:009,300483,600523,602190$0$0$0$0$0$0$0$0$0$0<-Bid Evaluation

3Saturday20:159,300483,600523,602190$0$0$0$0$0$0$0$0$0$0<-Bid Evaluation

4Vessel # 2Truck & TrailerLS#2 Dyed3 x WeekMonday03:309,300483,600523,602190$0$0$0$0$0$0$0$0$0$0<-Bid Evaluation

5Wednesday00:309,300483,600523,602190$0$0$0$0$0$0$0$0$0$0<-Bid Evaluation

6Friday00:309,300483,600523,602190$0$0$0$0$0$0$0$0$0$0<-Bid Evaluation

7Vessel # 3Truck & TrailerULSD Dyed3 x WeekFriday20:359,300483,600523,602190$0$0$0$0$0$0$0$0$0$0<-Bid Evaluation

8Saturday20:359,300483,600523,602190$0$0$0$0$0$0$0$0$0$0<-Bid Evaluation

9Sunday20:359,300483,600523,602190$0$0$0$0$0$0$0$0$0$0<-Bid Evaluation

10Vessel # 4Truck & TrailerLS#2 DyedWeeklySunday06:009,300483,600523,602190$0$0$0$0$0$0$0$0$0$0<-Bid Evaluation

11Sunday06:459,300483,600523,602190$0$0$0$0$0$0$0$0$0$0<-Bid Evaluation

5,319,60057241,703

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• Regular fuel deliveries to all vessels at this terminal will be scheduled at least one (1) week in advance

• Approximately 10% delivered by tank wagon and 90% delivered by truck and trailer.

• Truck stand-by time charges will not be permitted for fuel deliveries to this terminal.

Fauntleroy

TerminalFauntleroy4829 SW BartonSeattle WA 98116Bidder Name-->Bidder to ProposeNot-To-ExceedDIESELOPIS DailyMultiplier(790 Availabe Points)Bid Evaluation ↓Bidder to ProposeNot-To-ExceedBioDiesel B#1OPISMultiplier(43 Available Points)Bid Evaluation ↓Bidder to ProposeNot-To-ExceedEmergency Delivery Fee(151 Available Points)Bid Evaluation ↓

Bulk MarineItem #VesselDelivery MethodFuel TypeFrequencyDay of Wee