contract award notification - ogs.state.ny.us23. #6 (1.5%) mt 210,000 $.4380 23 mirabito 24. kero...

(continued)10130ta.doc/12md

State of New York Executive DepartmentOffice Of General Services

Procurement Services GroupCorning Tower Building - 38th Floor

Empire State PlazaAlbany, New York 12242http://www.ogs.state.ny.us

CONTRACT AWARD NOTIFICATION

Title : Group 05500 - FUEL OIL, BURNER (Grades #2, #4, #6, Kero) (Statewide) (RL 101 and RL 102)

Award Number : 4144-Z (Replaces 3504)

Contract Period : August 20, 1999 to August 17, 2000

Bid Opening Date : August 11, 1999

Date of Issue : October 15, 1999

Specification Reference: SPEC-807 dated July 14, 1999(Supersedes SPEC-746 dated May 7, 1998)

Address Inquiries To:

All State Agencies Non-State Agencies

Name :Title :Phone :Fax :E-mail :

Timothy GannonPurchasing Officer [email protected]

Name :Title :Phone :Fax :E-mail :

Judy GibbonsPurchase Coordinator518-474-6717518-474-2437customer.services@ogs.state.ny.us

Description

This award covers the Statewide requirements for Grades #2, #4, #6 and Kerosene burner fuel oilfor use by State agencies and non-State agencies.

PR # 10130-T

GROUP 05500 - FUEL OIL, BURNER (Statewide) AWARD PAGE 2(Grades #2, #4, #6, Kero) (RL 101 and RL 102)


CONTRACT # CONTRACTOR & ADDRESS TELEPHONE # FED.IDENT.#

PC55552 ADIRONDACK ENERGY PRODUCTS, 800-211-0779 141719550 SB INC. 518-483-3835

PO BOX 355 Joseph Gaglianese ORMALONE, NY 12953-0355 Brian Morette

FAX NO. 518-483-2005

PC55553 AGWAY ENERGY PRODUCTS LLC 800-633-1564 161551524P.O. BOX 4852 315-449-7498SYRACUSE, NY 13221 Mary Ann Netti

FAX NO. 315-449-6388E-mail: [email protected]

PC55554 AMERADA HESS CORPORATION 800-437-7872 1349210021 HESS PLAZA 732-750-6720BID SALES 800-447-1409 (Orders)WOODBRIDGE, NJ 07095-0961 Victor J. Baran, Jr.


PC55555 BAYSIDE FUEL OIL CORP.* 718-946-4000 1111775491810 SHORE PARKWAY Alfred Allegretti OR SergioBROOKLYN, NY 11214 FAX NO. 718-946-3808/9

PC55557 BOTTINI FUEL* 800-836-3835 Ext. 233 141420673157 W. MAIN STREET 914-297-5580WAPPINGERS FALLS, NY 12590 James R. Sheedy

FAX NO. 914-297-5465

PC55558 CASTLE OIL CORP. 914-381-6600 131700877500 MOMARONECK AVE. Robert Cinelli ORHARRISON, NY 10520 Louis Romita

FAX NO. 914-381-6601Web Site: www.castleoil.com

PC55559 DARDAN FUEL OIL TRANSPORT, INC. 718-617-6000 133858224 SB 815 MACE AVENUE Gjok Berisha

BRONX, NY 10467 FAX NO. 718-585-3883

PC55560 EMPIRE STATE FUEL CORP. 718-627-5100 112009320 SB 1640 MCDONALD AVENUE Frank LaForgia

BROOKLYN, NY 11230 FAX NO. 718-627-5166Web Site: www.empirestatefuel.com

PC55561 GRIFFITH OIL CO., INC. 800-724-2552 160736353760 BROOKS AVE. 716-783-2682ROCHESTER, NY 14619 Paul Tandlmayer


PC55562 J. H. BUHRMASTER CO., INC. 518-382-0260 140535610 SB 421 SACANDAGA RD., James R. Buhrmaster

P.O. BOX 2120 FAX NO. 518-382-0270SCOTIA, NY 12302




PC55563 KILDAIR SERVICE LTD 450-756-8091 Ext. 213 14163826792 CHEMIN DELANGIS Johanne DurandST. PAUL DE JOLIETTE FAX NO. 450-756-4783QUEBEC, CANADA JOK 3EO E-mail: [email protected]

Web Site: www.kildair.com

PC55564 KUNO OIL CO., INC. 315-386-1000 161373065 SB 5830 COUNTY RTE. 27 Joseph Furnia

CANTON, NY 13617 FAX NO. 315-386-1471

PC55565 MAIN BROTHERS OIL CO., INC. 518-436-9704 146024844PO BOX 11029 Gary Blauvelt OR David TarsaALBANY, NY 12211 FAX NO. 518-438-5991

PC55566 METRO FUEL OIL CORP. 888-53-METRO 112658894 SB 500 KINGSLAND AVE. 718-383-1400

BROOKLYN, NY 11222 Thomas J. TorreFAX NO. 718-383-6986E-mail: [email protected]

PC55567 MIRABITO FUEL GROUP* 800-934-9480 15055266844 GRAND STREET 607-561-2700SIDNEY, NY 13838 Joseph P. Mirabito OR Donna Pinney

FAX NO. 607-563-1457E-mail: [email protected] Site: mirabitofuel.com

PC55568 MOHAWK VALLEY OIL, INC. 888-735-6456 Ext. 245 1504769909754 RIVER ROAD, P.O. BOX A 315-735-6456 Ext. 245MARCY, NY 13403-2400 Charles J. Bullard

FAX NO. 315-735-0134

PC55569 NOCO ENERGY CORP. 800-544-1846 OR OR 1607273832440 SHERIDAN DR. 716-614-1140/1124TONAWANDA, NY 14150 Rosemary Suszynski ORDISC.: 1% - 15 DAYS Gary Preckler


PC55660 PETROKING FUEL CORP. 800-337-4536 112938211 SB 73-75 APOLLO STREET 201-337-3450

BROOKLYN, NY 11222 Philip SilverglateFAX NO. 201-405-0654E-mail: [email protected]

PC55570 PLYMOUTH ROCK FUEL CORP. 718-855-2967 OR 111892946 SB 76 COURT ST. 718-855-5585

BROOKLYN, NY 11201 Mendy SokolFAX NO. 718-852-8628Web Site: www.plyrock,com




PC55571 RAD ENERGY CORP. 914-701-2831 OR 112025321287 BOWMAN AVE. 914-701-2730 ORPURCHASE, NY 10577 Burr J. Mosher III


PC55572 SEARS PETROLEUM & TRANSPORT 315-337-1232 Ext. 14 150500396 SB CORP.* Sue Beach OR T. A. Sears

1914 BLACK RIVER BLVD. FAX NO. 315-337-0117P. O. BOX 389 E-mail: [email protected], NY 13440-0389

PC55573 SHEPARD OIL CO., INC. 518-762-7812 141469506 SB INDUSTRIAL PARK, P.O. 298 Dean R. Shepard

JOHNSTOWN, NY 12095 FAX NO. 518-762-2708

PC55574 SPRAGUE ENERGY CORP. 800-486-6102 020415440TWO INTERNATIONAL DRIVE 518-463-6609PORTSMOUTH, NH 03801-6809 Jim Kennedy OR

Michael J.. ManningFAX NO. 518-463-6711E-mail: [email protected] Site: www.spragueenergy.com

PC55575 TEXAS LIQUIDS, LLC 888-554-3334 0433398162 NEW RD., SUITE 201 610-361-9650ASTON, PA 19014 Charles E. Joanedis

FAX NO. 610-361-9653E-mail: [email protected] Site: texasliquids.com

PC55576 T. F. KURK, INC.* 716-824-1298 161091695 SB 2130 CLINTON ST. Greg Kurk

BUFFALO, NY 14206 FAX NO. 716-824-1298

PC55577 TWENTY FOUR HOURS FUEL 718-209-1155 112892274 SB OIL CORP.* Sam Jacobowicz

46 PAERDEGAT 11 STREET FAX NO. 718-241-4415BROOKLYN, NY 11236

*Accepts State Purchasing Card for transactions up to $2,500 w/no additional discount.

The following company offers electronic access ordering: RAD ENERGY CORP.

Cash Discount, If Shown, Should be Given Special Attention.INVOICES MUST BE SENT DIRECTLY TO THE ORDERING AGENCY FOR PAYMENT.

AGENCIES SHOULD NOTIFY THE PROCUREMENT SERVICES GROUP PROMPTLY IF THE CONTRACTORFAILS TO MEET THE DELIVERY TERMS OF THIS CONTRACT. PRODUCT WHICH DOES NOT COMPLYWITH THE SPECIFICATIONS OR IS OTHERWISE UNSATISFACTORY TO THE AGENCY SHOULD ALSO BEREPORTED TO THE PROCUREMENT SERVICES GROUP.

mailto:[email protected]



FOR TAX FREE TRANSACTIONS UNDER THE INTERNAL REVENUE CODE, THE NEW YORK STATEREGISTRATION NUMBER IS 14740026K.

NOTE TO AGENCY:The letters SB listed under the Contract Number indicate the contractor is a small business. Additionally,

the letters MBE and WBE indicate the contractor is a Minority-owned Business Enterprise and/or Woman-owned Business Enterprise, respectively.

NOTE TO ALL CONTRACT USERS:The terms and conditions of the solicitation which apply to the award appear at the end of this document.

We strongly advise all contract users to familiarize themselves with all terms and conditions before issuing apurchase order.

PRICE:Price is net per gallon, F.O.B. agency storage tanks (See "Price" clause for further details) including all

custom duties and charges.

The following are the published prices of July 6, 1999, which will be the basis of price adjustments underany contracts awarded.

JOURNAL OF COMMERCE “FUEL OIL EAST”

Grade of Fuel Designated PostingsKero $.5866 Albany ResellerNo. 2 .5182 Albany ResellerNo. 4 (1.5%) .4785 Albany ResellerNo. 4 (0.3%) .5311 New York Barge ResellerNo. 6 (1.5%) .4380 Albany ResellerNo. 6 (0.3%) .5089 New York Barge Reseller

Item Grade Method of Est. Quan. Price per ItemNo. of Oil Delivery Gallons Gallon No. Contractor

ALBANY COUNTY

1. #2 (.5%) MT 2,944,000 $.5132 1 Main Bros.

2. #2 (.5%) TW 320,740 $.5337 2 Main Bros.

3. #4 (1.5%) MT 145,000 $.3996 3 Amerada Hess

4. #4 (1.5%) TW 45,000 $.5474 4 Sears Petroleum

5. #6 (1.5%) MT 200,000 $.3764 5 Amerada Hess

6. #6 (.5%) MT 270,000 $.4857 6 Amerada Hess

7. Kero (.5%) 7,000 $.6311 7 Agway Energy




ALLEGANY COUNTY

8. #2 (.5%) MT 70,000 $.5475 8 Griffith Oil

9. #2 (.5%) TW 23,000 $.6522 9 Griffith Oil

BRONX COUNTY

10. #2 (.2%) MT 70,000 $.5089 10 Petroking Fuel

11. #2 (.2%) TW 70,000 $.5122 11 Bayside Fuel

12. #4 (.3%) MT 735,000 $.4256 12 Empire State

13. #6 (.3%) MT 2,000,000 $.4128 13 Empire State

BROOME COUNTY

14. #2 (.5%) MT 1,263,000 $.5180 14 Mohawk Valley

15. #2 (.5%) TW 285,524 $.5680 15 Mohawk Valley

16. Kero (.5%) TW 11,500 $.6675 16 Mirabito

CATTARAUGUS COUNTY

17. #2 (.5%) MT 14,000 $.5332 17 NOCO Energy

18. #2 (.5%) TW 67,000 $.5882 18 NOCO Energy

19. Kero (.5%) TW 5,000 $.6566 19 NOCO Energy

CAYUGA COUNTY

20. #2 (.5%) MT 190,800 $.5295 20 Mirabito

21. #2 (.5%) TW 121,100 $.5832 21 Texas Liquids


23. #6 (1.5%) MT 210,000 $.4380 23 Mirabito

24. Kero (.5%) TW 11,500 $.6341 24 Agway Energy

CHAUTAUQUA COUNTY

25. #2 (.5%) MT 85,000 $.5332 25 NOCO Energy

26. #2 (.5%) TW 10,000 $.5882 26 NOCO Energy

27. Kero (.5%) 10,000 $.6566 27 NOCO Energy




CHEMUNG COUNTY

28. #2 (.5%) MT 237,500 $.5277 28 Griffith Oil

29. #2 (.5%) TW 15,000 $.5782 29 Griffith Oil

30. #6 (1.5%) MT 500,000 $.4569 30 Mirabito

CHENANGO COUNTY

31. #2 (.5%) MT 92,768 $.5182 31 Mirabito

32. #2 (.5%) TW 132,268 $.5792 32 Mirabito

CLINTON COUNTY

33. #2 (.5%) MT 1,280,400 $.5272 33 Griffith Oil

34. #2 (.5%) TW 388,450 $.5907 34 Agway Energy

35. #6 (.5%) MT 800,000 $.4954 35 Kildair Service


COLUMBIA COUNTY

37. #2 (.5%) MT 522,000 $.5228 37 Texas Liquids

38. #2 (.5%) TW 204,928 $.5678 38 Main Bros.

39. #4 (1.5%) MT 50,000 $.4195 39 Amerada Hess

40 #4 (1.5%) TW 60,000 $.5693 40 Sears Petroleum


CORTLAND COUNTY

42. #2 (.5%) MT 175,000 $.5182 42 Mirabito

43. #2 (.5%) TW 34,600 $.5630 43 Mohawk Valley

44. #4 (1.5%) MT 80,000 $.5085 44 Mirabito

DELAWARE COUNTY

45. #2 (.5%) MT 159,000 $.5150 45 Mirabito

46. #2 (.5%) TW 262,379 $.5690 46 Mohawk Valley

47. #4 (1.5%) MT 650,000 $.4375 47 Amerada Hess




DUTCHESS COUNTY

48. #2 (.5%) MT 241,000 $.5282 48 Agway Energy

49. #2 (.5%) TW 639,676 $.5730 49 Bottini Fuel

50. #4 (1.5%) MT 239,000 $.4130 50 Amerada Hess

51. #6 (.5%) MT 2,800,000 $.4818 51 Amerada Hess

52. #6 (1.5%) MT 2,000,000 $.3908 52 Amerada Hess


ERIE COUNTY

54.* #2 (.5%) MT 830,000 $.5257 54 T.F. Kurk

55. #2 (.5%) TW 147,500 $.5832 55 NOCO Energy

56.* #6 (1.5%) MT 1,550,000 $.5100 56 NOCO Energy


ESSEX COUNTY

58. #2 (.5%) MT 1,141,000 $.5362 58 Agway Energy

59. #2 (.5%) TW 284,150 $.6046 59 Agway Energy

60. Kero (.5%) TW 900 $.6408 60 Agway Energy

FRANKLIN COUNTY

61. #2 (.5%) MT 2,197,000 $.5346 61 Agway Energy

62. #2 (.5%) TW 323,800 $.5924 62 Adirondack

63. #6 (1.5%) MT 650,000 $.4054 63 Sprague


*See delivery schedule for special contract information on customers in these categories.




FULTON COUNTY

65. #2 (.5%) MT 156,000 $.5180 65 Shepard Oil

66. #2 (.5%) TW 43,700 $.5370 66 Shepard Oil

67. #4 (1.5%) MT 80,000 $.4409 67 Amerada Hess

68. Kero (.5%) TW 10,000 $.6060 68 Mohawk Valley

GENESEE COUNTY

69 #2 (.5%) MT 15,000 $.5332 69 NOCO Energy

70. #2 (.5%) TW 36,900 $.5727 70 Griffith Oil


GREENE COUNTY

72. #2 (.5%) MT 384,000 $.5185 72 Mirabito

73. #2 (.5%) TW 127,500 $.5837 73 Main Bros.

74. #6 (.5%) MT 400,000 $.4983 74 Amerada Hess


HAMILTON COUNTY

76. #2 (.5%) MT 42,000 $.5470 76 Shepard Oil

77. #2 (.5%) TW 30,500 $.5932 77 Shepard Oil


HERKIMER COUNTY

79. #2 (.5%) MT 120,000 $.5180 79 Mohawk Valley

80. #2 (.5%) TW 30,500 $.5911 80 Agway Energy





JEFFERSON COUNTY

82. #2 (.5%) MT 445,000 $.5357 82 Griffith Oil

83. #2 (.5%) TW 76,650 $.5782 83 Griffith Oil



KINGS COUNTY

86. #2 (.2%) MT 25,000 $.5122 86 Bayside Fuel

87. #2 (.2%) TW 53,000 $.5122 87 Bayside Fuel

88. #4 (.3%) TW 60,000 $.4256 88 Empire State

89. #6 (.3%) MT 100,000 $.4089 89 Empire State

LEWIS COUNTY

90. #2 (.5%) MT 135,000 $.5380 90 Mohawk Valley

91. #2 (.5%) TW 43,700 $.5940 91 Agway Energy


LIVINGSTON COUNTY

93. #2 (.5%) MT 82,500 $.5316 93 Agway Energy

94. #2 (.5%) TW 104,400 $.5816 94 Agway Energy

95. #6 (1.5%) MT 700,000 $.4631 95 Sprague


MADISON COUNTY

97. #2 (.5%) MT 93,000 $.5259 97 Agway Energy

98. #2 (.5%) TW 89,700 $.5849 98 Agway Energy

99. #4 (1.5%) MT 50,000 $.4910 99 Mirabito

MONROE COUNTY

100. #2 (.5%) MT 1,433,372 $.5207 100 Griffith Oil

101. #2 (.5%) TW 110,600 $.5768 101 Agway Energy




MONTGOMERY COUNTY

102. #2 (.5%) TW 68,500 $.5180 102 Shepard Oil

103. #4 (1.5%) MT 70,000 $.4460 103 Amerada Hess

104. Kero (.5%) TW 5,500 $.6156 104 Shepard Oil

NASSAU COUNTY

105. #2 (.3%) MT 7,178,948 $.5300 105 Plymouth Rock

106. #2 (.3%) TW 3,337,630 $.5380 106 Plymouth Rock

107. #4 (.3%) MT 509,000 $.5056 107 Castle Oil

108. Kero (.3%) TW 800 $.6315 108 Metro Fuel

NEW YORK COUNTY

109. #2 (.2%) MT 36,000 $.5122 109 Bayside Fuel

110. #2 (.2%) TW 159,000 $.5122 110 Bayside Fuel

111. #4 (.3%) TW 20,000 $.4511 111 Empire State

112. #6 (.3%) MT 30,000 $.4089 112 Empire State

NIAGARA COUNTY

113. #2 (.5%) TW 23,000 $.5882 113 NOCO Energy

ONEIDA COUNTY

114. #2 (.5%) MT 1,687,000 $.5240 114 Mohawk Valley

115. #2 (.5%) TW 321,890 $.5730 115 Mohawk Valley

116. #6 (.5%) MT 500,000 $.5354 116 Sprague

117. #6 (1.5%) MT 835,000 $.4164 117 Sprague


ONONDAGA COUNTY

119. #2 (.5%) MT 110,000 $.5180 119 Mohawk Valley

120. #2 (.5%) TW 144,900 $.5560 120 Mohawk Valley





ONTARIO COUNTY

122. #2 (.5%) MT 33,000 $.5319 122 Agway Energy

123. #2 (.5%) TW 45,200 $.5749 123 Agway Energy

124. #6 (.5%) MT 150,000 $.5695 124 Sprague

125 Kero (.5%) TW 8,500 $.6333 125 Agway Energy

ORANGE COUNTY

126. #2 (.5%) MT 2,983,900 $.5282 126 Agway Energy

127. #2 (.5%) TW 808,380 $.5730 127 Bottini Fuel

128. #4 (1.5%) MT 124,000 $.4471 128 Amerada Hess

129. #6 (1.5%) MT 930,000 $.3803 129 Sprague


ORLEANS COUNTY

131. #2 (.5%) MT 25,000 $.5382 131 Griffith Oil

132. #2 (.5%) TW 85,300 $.5857 132 Griffith Oil

133. #6 (1.5%) MT 80,000 $.5100 133 NOCO Energy


OSWEGO COUNTY

135. #2 (.5%) MT 304,000 $.5210 135 Mohawk Valley

136. #2 (.5%) TW 45,850 $.5690 136 Mohawk Valley

137. #6 (.5%) MT 1,000,000 $.5635 137 Sprague


OTSEGO COUNTY

139. #2 (.5%) MT 147,500 $.5257 139 Mirabito

140. #2 (.5%) TW 108,180 $.5882 140 Mirabito

141. #6 (1.5%) MT 500,000 $.4051 141 Amerada Hess




PUTNAM COUNTY

142. #2 (.5%) MT 369,000 $.5282 142 Agway Energy

143. #2 (.5%) TW 145,100 $.5743 143 Agway Energy

QUEENS COUNTY

144. #2 (.2%) MT 439,500 $.5122 144 Bayside Fuel

145. #2 (.2%) TW 485,000 $.5122 145 Bayside Fuel

146. #4 (.3%) MT 85,000 $.4511 146 Empire State

147. #6 (.3%) MT 2,200,000 $.4128 147 Empire State

RENSSELAER COUNTY

148. #2 (.5%) MT 151,000 $.5184 148 Texas Liquids

149. #2 (.5%) TW 409,400 $.5622 149 Main Bros.

150. #4 (1.5%) MT 34,000 $.4280 150 Amerada Hess


152. #6 (1.5%) MT 166,000 $.3616 152 Sprague

153. Kero (.5%) TW 4,500 $.6860 153 Mohawk Valley

RICHMOND COUNTY

154. #2 (.2%) MT 50,000 $.5122 154 Bayside Fuel

155. #2 (.2%) TW 155,100 $.5122 155 Bayside Fuel

ROCKLAND COUNTY

156. #2 (.3%) MT 385,000 $.5244 156 Dardan Fuel

157. #2 (.3%) TW 536,905 $.5957 157 Dardan Fuel

158. #6 (.3%) MT 410,000 $.4631 158 Amerada Hess

159. Kero (.3%) TW 3,000 NO AWARD 159 No Bids Received




ST. LAWRENCE COUNTY

160. #2 (.5%) MT 72,000 $.5532 160 Griffith Oil

161. #2 (.5%) TW 158,600 $.5950 161 Kuno Oil

162. #6 (1.5%) MT 180,000 $.4450 162 Kildair Service

163. Kero (.5%) TW 3,500 $.6366 163 Kuno Oil

SARATOGA COUNTY

164. #2 (.5%) MT 298,000 $.5120 164 Griffith Oil

165. #2 (.5%) TW 118,900 $.5582 165 J.H. Buhrmaster

166. #4 (1.5%) MT 60,000 $.4296 166 Sprague


168. #6 (1.5%) MT 507,000 $.3649 168 Sprague

169. Kero (.5%) TW 94,000 $.6266 169 J.H. Buhrmaster

SCHENECTADY COUNTY

170. #2 (.5%) MT 250,000 $.5120 170 Griffith Oil

171. #2 (.5%) TW 176,800 $.5357 171 J.H. Buhrmaster

172. #4 (1.5%) MT 115,000 $.4206 172 Sprague


174. Kero (.5%) TW 8,500 $.6166 174 J.H. BuhrmasterSCHOHARIE COUNTY

175. #2 (.5%) MT 340,156 $.5191 175 Griffith Oil

176. #2 (.5%) TW 281,650 $.5557 176 J.H. Buhrmaster


SCHUYLER COUNTY

178. #2 (.5%) MT 40,000 $.5367 178 Griffith Oil

179. #2 (.5%) TW 94,000 $.5807 179 Griffith Oil




SENECA COUNTY

180. #2 (.5%) MT 115,000 $.5268 180 Agway Energy

181. #2 (.5%) TW 36,600 $.5826 181 Agway Energy

182. #6 (.5%) MT 1,000,000 $.5670 182 Amerada Hess


STEUBEN COUNTY

184. #2 (.5%) MT 147,000 $.5277 184 Griffith Oil

185. #2 (.5%) TW 67,700 $.5907 185 Griffith Oil

186. #4 (1.5%) TW 12,000 NO AWARD 186


SUFFOLK COUNTY

188. #2 (.5%) MT 1,173,685 $.5476 188 Rad Energy

189. #2 (.5%) TW 1,656,171 $.5632 189 Metro Fuel

190. #2 (.2%) MT 1,000,000 $.5507 190 Twenty Four Hrs.

191. Kero (.5%) TW 1,500 $.6276 191 Metro Fuel

SULLIVAN COUNTY

192. #2 (.5%) MT 672,502 $.5282 192 Agway Energy

193. #2 (.5%) TW 321,000 $.5882 193 Agway Energy

194. #4 (1.5%) MT 240,000 $.4559 194 Sprague

195. #4 (1.5%) TW 7,500 NO AWARD 195

196. #6 (1.5%) MT 1,300,000 $.3854 196 Sprague


TIOGA COUNTY

198. #2 (.5%) MT 289,003 $.5292 198 Griffith Oil

199. #2 (.5%) TW 17,977 $.6132 199 Agway Energy




TOMPKINS COUNTY

200. #2 (.5%) TW 93,300 $.5968 200 Agway Energy


ULSTER COUNTY

202. #2 (.5%) MT 777,616 $.5282 202 Agway Energy

203. #2 (.5%) TW 584,883 $.5820 203 Bottini Fuel

204. #6 (.3%) MT 1,475,000 $.4867 204 Amerada Hess

205. #6 (1.5%) MT 2,200,000 $.3952 205 Amerada Hess

WARREN COUNTY

206. #2 (.5%) MT 165,000 $.5239 206 Griffith Oil

207. #2 (.5%) TW 258,900 $.5862 207 Agway Energy

208. #4 (1.5%) MT 44,000 $.4812 208 Sprague

WASHINGTON COUNTY

209. #2 (.5%) MT 445,000 $.5212 209 Griffith Oil

210. #2 (.5%) TW 256,330 $.5820 210 Griffith Oil

211. #4 (1.5%) MT 65,000 $.4367 211 Amerada Hess

212. #6 (1.5%) MT 1,501,000 $.3739 212 Sprague


WAYNE COUNTY

214. #2 (.5%) MT 21,000 $.5308 214 Agway Energy

215. #2 (.5%) TW 22,300 $.5801 215 Agway Energy





WESTCHESTER COUNTY

217. #2 (.3%) MT 1,164,051 $.5343 217 Dardan Fuel

218. #2 (.3%) TW 4,744,116 $.5523 218 Dardan Fuel

219. #4 (.3%) MT 729,000 $.4757 219 Castle Oil

220. #6 (.3%) MT 290,000 $.4461 220 Castle Oil

221. Kero (.3%) TW 5,000 NO AWARD 221 No Bids Received

WYOMING COUNTY

222. #2 (.5%) MT 200,000 $.5358 222 Agway Energy

223. #2 (.5%) TW 37,000 $.5827 223 Griffith Oil

YATES COUNTY

224. #2 (.5%) TW 17,500 $.5806 224 Agway Energy

GUARANTEED DELIVERY SCHEDULE

Emergency NormalContractor Delivery Delivery

Adirondack Energy Products Inc. 24 hrs. 24 hrs.Agway Energy Products LLC 24 hrs. 48 hrs.Amerada Hess Corporation 24 hrs. 24 hrs.Bayside Fuel Oil Corp. 4 hrs. 24 hrs.Bottini Fuel 24 hrs. 48 hrs.Castle Oil Corporation 24 hrs. 48 hrs.Dardan Fuel Oil Transport, Inc. 24 hrs. 48 hrs.Empire State Fuel Corp. 12 hrs. 24 hrs.Griffith Oil Co., Inc. 24 hrs. 48 hrs.J. H. Buhrmaster Co., Inc. 24 hrs. 48 hrs.Kildair Service LTD. 12 hrs. 24 hrs.Kuno Oil Co., Inc. 24 hrs. 24 hrs.Main Brothers Oil Co., Inc. 24 hrs. 24 hrs.Metro Fuel Oil Corp. 8 hrs. 24 hrs.Mirabito Fuel Group 24 hrs. 48 hrs.Mohawk Valley Oil, Inc. 24 hrs. 48 hrs.NOCO Energy Corp. 12-18 hrs. 24-48 hrs.Petroking Fuel 24 hrs. 48 hrs.Plymouth Rock Fuel Corp. 4-24 hrs. 12-24 hrs.RAD Energy Corp. 24 hrs. 48 hrs.Sears Petroleum & Transport Corp. 6 hrs. 24 hrs.Shepard Oil Co., Inc. 24 hrs. 48 hrs.T. F. Kurk, Inc. 24 hrs. 48 hrs.Twenty Four Hr. Fuel Oil Corp. 24 hrs. 48 hrs.



REQUEST FOR CHANGE:Any request by the agency or contractor regarding changes in any part of the contract must be made in

writing to the Office of General Services, Procurement Services Group, prior to effectuation.

CONTRACT PAYMENTS:Payments cannot be processed by State facilities until the contract products have been delivered in

satisfactory condition. Payment will be based on any invoice used in the supplier’s normal course of business.However, such invoice must contain sufficient data including but not limited to Contract No., description ofproduct, quantity, unit and price per unit as well as Federal Identification Number.

State facilities are required to forward properly completed vouchers to the Office of the State Comptrollerfor audit and payment. All facilities are urged to process every completed voucher expeditiously givingparticular attention to those involving cash discounts.

If the contract terms indicate political subdivisions and others authorized by law are allowed to participate,they are required to make payments directly to the contractor. Prior to processing such payment the contractormay be required to complete the ordering non-State agency’s own voucher form.

WAGE RATES:It is incumbent upon the contractor(s) to pay the prevailing rate of wages as established by the New York

State Department of Labor at the time of installation. Rates in effect at the time of the bid opening werecontained in the bid documents for this contract award.

PRICE:Any special allowances are not included in the price herein. However, if the contractor extends such

allowances during the term of the contract to Federal, State, Local Governments or to commercial users in thenormal course of doing business, New York State requires that such allowances will also be available to the Statein the maximum amount extended to others who contract to purchase fuel oil under similar contractual terms andconditions.

Contract prices shall be firm except that price revisions will be permitted in accordance with the PRICEREVISION CLAUSE set forth in this Award and with respect to certain taxes and duties as follows:

“After-imposed tax” means any new or increased Federal, State and local excise tax or duty, except socialsecurity or other employment taxes, on fuel oil purchased under any contract to be awarded hereunder which thecontractor is required to pay or bear the burden of as the result of legislative, judicial, or administrative actiontaking effect after the date of contract award.

“After-relieved tax” means any amount of Federal, State and local excise tax or duty, except socialsecurity or other employment taxes, that would otherwise have been payable on fuel purchased under anycontract to be awarded hereunder which the contractor is not required to pay or bear the burden of, or for whichthe contractor obtains a refund or drawback, as the result of legislative, judicial or administrative action takingeffect after the date of contract award.

The contract includes all applicable Federal, State and local taxes and duties.The price for fuel oil under any contract awarded hereunder shall be increased by the amount of any after-

imposed tax, unless the legislative, judicial or administrative act says otherwise, if the contractor states in writingthat such contract price does not include any contingency for such after-imposed tax. Such increase shall beprospective only and becomes effective upon such written notice and on the effective date of the next scheduleprice revision.

The price for fuel oil under any contract awarded hereunder shall be decreased by the amount of any after-relieved tax. Such decrease shall be effective when realized or by no later than the next scheduled price revision.

The contract price shall also be decreased by the amount of any excise tax or duty, except social securityor other employment taxes, that the contractor is required to pay or bear the burden of or does not obtain a refundof through the contractor’s fault or negligence.

The contractor shall promptly notify the Purchasing Officer of all matters relating to any excise tax or dutythat reasonably may be expected to result in either an increase or decrease in the contract price for fuel oil.



PRICE REVISIONS:Contract prices are firm except that price revisions will be permitted in accordance with the following

procedure:Revisions (increases or decreases) to the original contract price shall be based on prices published in the

“Journal of Commerce”.The simple average of the high and low prices shown in the publication will be used to compute price

revisions during the contract period. Procurement Services Group will compute any price revisions bydetermining the difference between the base price published on July 6, 1999 and the price published every otherMonday thereafter during the contract period beginning with the publication of August 16, 1999. Applicableprice changes will be effective as of the start of business on Friday of the same week. If the paper is notpublished on Monday, the next business day’s issue in which the specified prices are published will be utilized.

The term “Publication Day”, as used throughout the Award, refers to the actual day the periodical ispublished, not the posting day reflected in the issue.

Should the bi-weekly price revision cycle not provide adequate price adjustments, because of rapidchanges in worldwide petroleum prices, the State reserves the right to increase the frequency of the pricerevisions to a once-a-week basis. The State also reserves the right to revert to the monthly schedule in pricerevisions if the market conditions so warrant. The once-a-week basis will utilize publications of every Mondaywith applicable price changes to be effective as of the start of business on the Friday of the same week. Monthlybasis will utilize publications of the first Monday of every month with applicable price changes to be effective asof the start of business on the Friday of the same week as the publication day. Also, refer to “NOTE” concerning“Publication Day” below.

JOURNAL OF COMMERCE

For the Journal of Commerce as the designated publication, the following postings will be utilized as

1. Kerosene, No. 2 and No. 2 (.2%) shall be revised in accordance with the Albany Tank Car Reseller prices.

2. Nos. 4 and 6 Low Sulfur, Low Pour Grades shall be revised in accordance with the New York BargeReseller prices. Price of residual fuels (0.37%S) in Nassau, Rockland and Westchester Counties will berevised in accordance with 0.3% LS/LP listings.

3. Nos. 4 and 6 Regular Grades (1.5%S) shall be revised in accordance with the Albany Reseller Prices, No.4 (1.5%) or No. 6 (1.5%).

4. No. 6 (.5%) shall be revised in accordance with the New York Barge Reseller, 0.3% sulfur.

5. In all cases, the simple average of the low/high prices published will be utilized to calculate adjustments.

Special attentions directed to Attachment I, Sulfur in Fuel Limitations.

The base posted price will remain unchanged for the life of the contract. The designated posting willremain the basis of price adjustments until the publisher’s format changes to reflect changes in legal sulfurlimitations.

NOTE:In the event postings are not published on a specified “Publication Day” the “Publication Day” for that

week shall be the first day thereafter when postings are published. If on any “Publication Day” only a singleposting is published, negating the averaging process, the State will enter the one price for both the low and highfigures, which then will be considered the average for that grade on that day. Should postings differ from currentdescription and/or format, a posting determined, by the Commissioner in his sole discretion, to be most reflectiveof market conditions will be used.



NOTE: (Cont’d)Corrections to posted prices previously published in the Journal of Commerce will be considered only

when caused by a typographical or clerical error on the part of said publisher.

The following clauses shall apply to all price adjustments under any contract awarded:

(1) Price increases are limited to changes in pre-selected postings as noted above. Increases in contract costsor prices to compensate for other increases in the cost of doing business, regardless of the cause or nature of suchcosts of the contractor, will not be allowed during the contract period, except as indicate under the price clauseherein.

(2) Should the price structure utilized by the parties become unworkable for the State, detrimental or injuriousto the State, or result in prices which are not truly reflective of current market conditions and the price is deemedunreasonable or excessive by the Commissioner, and no adjustment in price is mutually agreeable, theCommissioner reserves the sole right upon 10 days written notice mailed to the contractor to terminate anycontract resulting from this bid opening. If the contractor is unable or unwilling to meet contractualrequirements in whole or in part, it shall immediately notify the State of that fact in order that the State may takeappropriate action. Such notification shall be in writing and shall be directed to the Office of General Services,Procurement Services Group.

(3) Published prices per barrel will be averaged and rounded to four (4) decimal places, converted to pricesper gallon based on 42 gallon barrels and the price per gallon will be carried out to four (4) decimal places only.

(4) Price adjustments will continue using the same method if contract is extended.

ESTIMATED QUANTITIES:The quantities or dollar values listed are estimated only. See “Estimated Quantity Contracts” and

“Participation in Centralized Contracts” in Appendix B, OGS General Specifications for Procurement Contracts.

EXTENSION OF CONTRACT:The State reserves the right to extend any contract issued, based on the specification, under ;the same

terms and conditions, for a period not to exceed twelve (12) months from date of expiration, provided suchextension is mutually agreeable to both the State and the contractor.

Any contract or unit portion let and awarded hereunder by the State, may be extended unilaterally by theState for an additional period(s) of up to one month upon notice to the contractor with the same terms andconditions as the original contract including, but not limited to, quantities [prorated for such one monthextension], prices, and delivery requirements.

WARRANTIES AND GUARANTEES:See “Warranties and Guarantees” and “Year 2000 Warranty” in Appendix B, OGS General Specifications

for Procurement Contracts.

RESERVATION:The State reserves the right to negotiate lower pricing, or to advertise for bids, any unanticipated excessive

purchase. An "unanticipated excessive purchase" is defined as an unexpected order for a contract product(s)totaling more than $50,000.00.



REPORT OF CONTRACT PURCHASES:Contractor shall furnish report of purchases made from contract the fifteenth of the month following the

end of each six month period. The reports shall be in the following format:

Item/SubItem Number

ProductDescription

TotalQuantity Shipped

Total $ Value

(Size, Stock No., etc.) (To be in Units listed in theInvitation for Bids)

The report is to be submitted to the Office of General Services, Procurement Services Group, TowerBldg., Empire State Plaza, Albany, NY 12242, to the attention of the individual shown on the front page of theContract Award Notification and shall reference the commodity group number, the Invitation for Bids number,contract number, sales period, and contractor’s name.

Failure to submit the required report may be cause for disqualification of contractor for future contracts.

SAMPLES:The contractor may be required to submit samples. See “Samples” in Appendix B, OGS General

Specifications for Procurement Contracts.

EMERGENCY PURCHASING:In the event that a disaster emergency is declared by Executive Order under Section 28 of Article 2-B of

the Executive Law, or that the Commissioner determines pursuant to his/her authority under Section 163(10)(b)of the State Finance Law that an emergency exists requiring the prompt and immediate delivery of commoditiesor services, the Commissioner reserves the right to obtain such commodities or services from any source,including but not limited to this contract, as the Commissioner in his/her sole discretion determines will meet theneeds of such emergency. Contractor shall not be entitled to any claim or lost profits for commodities orservices procured from other sources pursuant to this paragraph.

USE OF RECYCLED MATERIALS:New York State, as a member of the Council of Great Lakes Governors, supports and encourages vendors

to use recycled or recovered materials in the manufacture of products and packaging to the maximum extentpracticable without jeopardizing the performance or intended end use of the product unless such use is precludeddue to health and welfare or safety requirements or product specifications contained herein. See “Recycled orRecovered Materials” in Appendix B, OGS General Specifications for Procurement Contracts.

NEW YORK STATE PURCHASING CARD:See “Procurement Card” in Appendix B, OGS General Specifications for Procurement Contracts.

Vendors wishing to set up a corporate account with AMEX should call AMEX at 1-800-686-5493.

DELIVERY SCHEDULES:In accordance with the "EXTENSION OF PRICES" clause herein, this contract is extended to Political

Subdivisions as well as State agencies. The delivery schedules (based on Requirement Letters RL-101 and RL-102) which are a part of this contract are provided as a guide to indicate proposed delivery points and estimatedannual requirements. This information is included to clarify delivery conditions, where possible. Any specificquestions regarding the site conditions should be directed to the end-user at the telephone number shown on thedelivery schedule. The Delivery Schedules are available upon direct request to this office and/or at ourweb site at http://www.ogs.state.ny.us. Users should click on "Procurement", and then click on "FuelDelivery Schedules" located in the commodity section listed by group number.



DELIVERY SCHEDULES: (Cont’d)Contractors shall be obligated to deliver under this contract to any State agency which places a purchase

order under this contract, whether or not such delivery location is identified in the delivery schedules.Any Political Subdivision or other non-State entity which has not filed a requirement with Procurement

Services Group as of the date of this Award shall be eligible to receive deliveries at Contractor’s option only,upon placement of a valid purchase order to the Contractor’s address as indicated in the award.

At Contractors request, Contractors will be advised in writing regarding Political Subdivisions or othernon-State entities which have filed on a timely basis but do not appear on the delivery schedule.

NOTE:Standby reflects those agencies which normally use gas and will be using fuel oil only when gas is

unavailable.

DELIVERY:Contractor must be prepared, at all times, to make prompt delivery as ordered. In emergencies, fuel must

be delivered within twenty-four (24) hours of notification. Tank Wagon contractors must be prepared to deliverin a timely manner, on a one time basis per Agency tank, that amount of fuel oil necessary to fill subject tanksfor the purpose of tank testing conducted by the Office of General Services at various locations providingminimum order requirements are met. (See “MINIMUM DELIVERY” clause).

Normal deliveries are considered to be Monday thru Friday. Saturday/Sunday deliveries are to be madeon an emergency basis ONLY (and not a regular basis).

Agencies shall be responsible to insure that tanks are accessible by the contractor.Failure of the agency to make appropriate arrangements, preventing delivery of product upon contractor’s

arrival at delivery site, may result in a charge to the agency for the contractor’s transportation costs for thatparticular trip. Agencies should also make certain that receiving personnel are available at time of delivery.

TOPPING OFF TANKS:Agency requests to top-off tanks for testing purposes must be honored as described elsewhere herein. The

requesting agency may be required to sign a waiver of liability and responsibility on behalf of the contractor.Agencies should note that Motor Transport Contractors are not required to top-off tanks. In those

instances where an agency is receiving Motor Transport delivery and requires tank top-offs, the agency mustobtain tank top-offs from the tank wagon contractor in that county. Minimum delivery clause applies.

SERVICE:Contractor must be prepared, at all times, to furnish engineering service, when so requested, and to

investigate and report to the using agency and this Division on any complaint that might arise in connection withthe use of vendor’s oils. This engineering service will include but not be limited to the diagnosis of fuel relatedproblems in the agency's equipment.

MINIMUM DELIVERY:Shall be not less than 150 gallons into one (1) tank. Purchases of less than minimums qualify for contract

pricing at vendor’s discretion, including tank top-offs for tank testing. However, in no case shall pricing exceedcontractor’s normal retail pricing for purchase of less than 150 gallons, regardless of delivery circumstances.

WINTER BLEND REQUIREMENTS:Contractors of No. 2 fuel oil, at their option, may provide a winter blend upon agency request. Invoice for

winter blend will show separate pricing for No. 2 and kerosene. The price for #2 fuel oil shall be the contractprice and the price for kerosene shall be no greater than the contractor’s prevailing price for kerosene (or, ifapplicable, contractor’s awarded price for kerosene). Agencies shall obtain price quote for kerosene prior toordering and the State reserves the right to determine if price is reasonable. If agreement on price cannot beobtained, agencies shall follow purchasing guidelines to purchase winter blend on the open market.



NOTE:Contractors offering recycled materials may be required to submit certification that the recycled fuel oil

offered meets the requirements of the New York State Dept. of Environmental Conservation.

GUARANTEE:The contractor guarantees to furnish adequate protection from damage to agency’s building, grounds

and/or equipment occurring on account of, or in connection with, or occasioned by, or resulting from thefurnishing and delivery of fuel oil under this contract and shall be liable for any damages for which it or itsemployees are responsible.

This liability includes but is not limited to oil spills occurring during delivery. The contractor shallprovide constant surveillance during delivery by having a person in attendance at all times at the point oftransfer. A department ordering too much oil will not relieve the vendor of responsibility. Oil spills shall beimmediately reported to the agency Business Office to effect contact with a representative of the Oil SpillBureau.

Twenty-four hours per day, a collect call can be placed with the New York State Oil Spill Bureau of theDepartment of Transportation at (518) 457-7362.

VOLUME CORRECTION (AGENCIES NOTE):Receiving agencies are responsible for the implementation of monitoring programs, to insure compliance

by fuel oil suppliers with the specification requirements as outlined herein, CL-276 dated September 26, 1997and CL-193 dated March 18, 1996. Also agencies should maintain proper preventive maintenance andoperational procedures for the storage and handling system to remove accumulations of sludge (Water, rustscale, fuel sediment, etc.).

Inquiries regarding sampling and tank maintenance procedures should be directed to our Quality ControlUnit (518/474-3470).

On all deliveries of Nos. 4 and 6 fuel oils, the quantity shall be computed on the basis of U.S. gallons of231 cu. in. each (and barrels of 42 said gallons, if any quantities are measured by barrels) corrected from thetemperature at loading to standard temperature of 60°F in accordance with TABLE 6B - Generalized ProductsCorrection of Volume To 60°F Against API Gravity at 60 Degrees Fahrenheit of ASTM Designation D1250[API Standard: 2540/IP Designation: 250] Petroleum Measurement Tables. The gravity value necessary todetermine the correct Group Classification to be used, shall be determined in accordance with ASTM D-287,API Gravity of Crude Petroleum and Petroleum Products. Failure on the part of the contractor to make propertemperature adjustments will be sufficient cause for cancellation of the contract.

ALL DELIVERIES OF HEATED NOS. 4 AND 6 FUEL OIL MUST BE ACCOMPANIED BY ASTATEMENT OR INDICATION MADE ON THE DELIVERY TICKET AND INVOICE, SHOWING THEAPI GRAVITY AT 60°F, THE VOLUME AND TEMPERATURE OF THE OIL WHEN LOADED INTO THETRANSPORT OR TANK WAGON, THE APPLICABLE CORRECTION FACTOR, AND THE VOLUMECORRECTED TO 60°F.

Supplementing Article 49 of Appendix B, General Specifications for Procurement Contracts, agencies areinstructed to carefully monitor all deliveries. Monitoring procedures shall include the use of fuel meteringsystems when feasible. Such systems shall be used, maintained and recalibrated in accordance with themanufacturer’s recommendations and/or annually, whichever is sooner. Contractors or their representatives willbe allowed the opportunity to verify the accuracy of agency measuring systems on a regular basis and/or whendiscrepancies are indicated. Tolerances of up to 1/3 of 1% of the total volume by delivery may be consideredacceptable when delivery ticket varies from agency meter reading. In the event of discrepancies, the agency willadjust delivered volume to agency metered quantity, less the acceptable tolerance and revise resulting invoiceaccordingly. Agencies will make every reasonable effort to resolve discrepancies directly with the contractor.However, all such discrepancies will be reported in written form to the Procurement Services Group.



SPECIAL NOTE (Low Sulfur No. 6):When low sulfur No. 6 fuel oil is delivered to Upstate counties, the viscosity range of the initial delivery

to a particular destination point shall be indicated by the contractor and this range must be adhered to throughoutthe contract period unless advance notice is given by the contractor to the end user when changes are made to therange and end user accepts such change. The notice from the contractor shall allow ample time for the end userto make necessary adjustments to equipment.

When low sulfur No. 6 fuel oil is delivered to Upstate counties, fuel oil should be identified by thecontractor as low pour (60°F max.) or high pour (no max.). Note that low pour fuel oil should be providedunless agency's tanks and lines are heated.

METHOD OF DELIVERY:Delivery shall be as indicated herein:TW - Delivery by tank wagon into storage tanks.MT - Minimum delivery of 5500 gallons at one time into one storage tank, capacity of which exceeds 5500 gallons.

NOTE: New York City restricts the total carrying capacity to 4,400 gallons for #2 fuel oil.

All such deliveries shall first be recorded directly into the transporting vehicle.No. 2 fuel oil shall be delivered by tank wagons or motor transports used exclusively for transportingNo. 2 fuel oil.

FILL AND VENT REQUIREMENTS:Agencies must ensure that fill and vent equipment adequately meet NYS Standards. Contractors have the

responsibility of reporting faulty equipment to the end users and the appropriate NYS regulatory agencies.

AUTOMATIC REPLENISHMENT:At the WRITTEN request of the purchaser, the contractor shall maintain a record of the estimated

consumption of fuel oil, Kerosene, or #2, as the case may be using the “degree day” or equivalent method, andshall replenish the purchaser’s tank or tanks without further notice from the purchaser, whenever necessary toinsure an adequate supply at all times.

After having received a WRITTEN request from the purchaser for “automatic replenishment”, if thecontractor permits the level of the fuel oil to fall below the percentages of the total capacity of the purchaser’stank or tanks indicated in the following table, the purchaser shall have the right to purchase sufficient fuel oil onthe open market to fill such tank or tanks and to charge any increase in price paid over the current contract priceto the account of the contractor.

MINIMUM LEVEL TOTAL - TANK CAPACITY/GALS 10% 200 - to - 5,500 15% 5,501 - to - 6,700 25% 6,701 - and over

Minimum levels in storage tanks for Nos. 4 and 6 fuel oils may be mutually agreed upon by the individualagency and the contractor, subject to the approval of the Office of General Services, Procurement ServicesGroup.

ENVIRONMENT REPORTING REQUIREMENTS:Certain customers using the State fuel oil contract must provide quarterly reports regarding the emissions

from their fuel oil heating plants. At the customers request, the contractor will be required to provide writtendocumentation to prove that the fuel delivered is in compliance with EPA standards in effect for the type of fueldelivered to the customer under this contract.



SAMPLING OF FUEL OIL:Fuel oil delivered shall be subject to sampling and testing at the discretion of the purchasing Agency

and/or the OGS Procurement Services Group.The samples shall be collected in accordance with ASTM D4057-95 [IP #MPMS (Chapter 8.1)], or latest

revision thereof. The usual method of sampling is a three-way bottle/container sampling taken at an upper, amiddle, and a lower sample point from the delivery vehicle. The sample container is a normally closed stoppertype and operator opens it at each point to obtain a proportional amount of the sample.

Agencies are strongly encouraged to obtain and maintain samples of all fuel oil deliveries for a period oftime necessary to insure that the fuel oil is in compliance with specifications.

Prior to the initial delivery the contractor should verify water and sediment levels in storage tanks. Theselevels shall be reported in writing for any tanks which require attention.

Contractor assumes complete responsibility for any product water & sediment problems that occur afterinitial delivery.

Product samples taken at the Agency’s dispensing pump may be considered representative of a disputedfuel oil delivery, when the contractor has delivered one or more consecutive loads of fuel oil to the tank’s contentwhich is being disputed.

Additionally, when the purchasing Agency’s documentation indicates that previously delivered fuel oil isless than five percent of the tank’s fuel oil volume relative to any disputed delivery, and the previously deliveredfuel oil performed and/or tested satisfactorily, then a sample taken from the pump may be consideredrepresentative of the fuel oil delivered.

NON-COMPLYING PRODUCT DELIVERY:Deliveries of fuel oil may be sampled at the point of delivery by a representative of the Office of General

Services, Procurement Services Group and/or the purchasing Agency’s personnel. The methods of sampling andtesting will be as listed elsewhere herein.

When it is found that fuel oil delivered does not comply with the specification requirements, thecontractor, at their own cost and expense, may be required to remove all such sub-standard fuel oil from thepurchaser’s tank(s) and replace it with fuel oil meeting the specifications, if such removal is so instructed by theDirector of the Procurement Services Group.

When an inspection of the tank(s) after the removal of the sub-standard product indicates that thedelivered product has rendered the tank(s) unsuitable for use, then the contractor may be responsible for cleaningof the tank(s) so affected, if such cleaning is so instructed by the Director of the Procurement Services Group.

NON-COMPLYING PRODUCT DELIVERY PENALTIES:Deductions shown hereafter will be made from the contract price for fuel oil that does not comply with the

detailed specifications, whether or not the fuel oil in question has been consumed by the purchasing Agency.The maximum of all combined deductions shall not exceed ten (10%) percent for an individual delivery,excluding gallonage adjustments for temperature and/or water & sediment in excess of one percent.

NON-COMPLYING PRODUCT FLASH POINT/PRICE DEDUCTION:When the delivered fuel oil’s flash point is found to be lower than the minimum requirement, but not

greater than six (6) degrees Fahrenheit lower than that minimum; a deduction from the contracted price shall betaken at the rate of one-half (0.5%) percent for every two (2) degrees Fahrenheit below the specified limit.

Additionally, when the delivered fuel oil’s flash point is found to be lower than the minimum requirementby greater than six (6) degrees Fahrenheit; a deduction from the contracted price shall be taken at the rate of one(1.0%) percent for every two (2 Degrees Fahrenheit) degrees Fahrenheit below the specified limit which isgreater than 6 Degrees Fahrenheit lower. (i.e., 10 degrees below specification limit: the deduction for the 1st 6Degrees Fahrenheit is 1.5%; the deduction for the next 4 degrees Fahrenheit is 2%; and the total deduction is3.5% for being ten degrees Fahrenheit below the limit.)



NON-COMPLYING PRODUCT WATER & SEDIMENT-CONTENT/PRICE REDUCTION:When the delivered fuel oil’s water and sediment content is found to be greater than three hundredths

(0.03%) of a percent for Kerosene, No. 1 and No. 2, a deduction from the contracted price shall be taken at therate of one (1%) percent for every two hundredths (0.02%) of a percent above the specified limit. (i.e., 0.02%above limit equals a 1% deduction, 0.04% above limit equals a 2% deduction, 0.06% above equals a 3%deduction,...)

No. 4 fuel oil shall have an excess water and sediment content adjustment at the rate of one-tenth percent(0.1%) of invoice for every one-tenth (0.1%) in excess of five-tenths (0.5%) up to and including one percent(1.0%) and at the rate of two-tenths percent (0.2%) of invoice for every one-tenth percent (0.1%) in excess ofone percent (1.0%).

No. 6 fuel oil shall have an adjustment in quantity in lieu of the aforementioned price percentageadjustment. The No. 6 fuel oil deduction in quantity shall be made for all waste and sediment in excess of one(1.0%) per cent mass (volume). i.e., 30000 gallons delivered with two (2% or 0.02) percent combined water &sediment by mass. 30,000 x 0.01 (0.02 - 0.01) equals a three hundred (300) gallon deduction. Payment shouldbe adjusted for a 29,700 gallon delivery.

NON-COMPLYING PRODUCT VISCOSITY/PRICE DEDUCTION:When the delivered fuel oil’s viscosity is found to be greater than two (2) seconds above the specified

maximum requirements, a deduction from the contracted price shall be taken at the rate of one tenth (.1%)percent for every two seconds above the specified limit. (i.e., 2 seconds above limit equals a .1% deduction, 4seconds above limit equals a .2% deduction, 6 seconds above equals a .3% deduction,...)

NON-COMPLYING PRODUCT SULFUR CONTENT/PRICE DEDUCTION:When the delivered fuel oil’s sulfur content is found to be greater than ten hundredths (0.10%) of a

percent above the specified maximum requirements for the respective delivery area [see Attachment I, elsewhereherein], a deduction from the contracted price shall be taken at the rate of one (1%) percent for every tenhundredths (0.10%) of a percent above the specified limit. (i.e., 0.10% above limit equals a 1% deduction,0.20% above limit equals a 2% deduction, 0.30% above equals a 3% deduction,...)

NON-COMPLYING PRODUCT - ASH CONTENT/PRICE DEDUCTION:When the delivered fuel oil’s ash content is found to be greater than two thousandths (0.002%) of a

percent above the maximum but less than two hundredths (0.02%) of a percent above the specified maximum ashrequirement, a deduction from the contracted price shall be taken at the rate of one (1.0%) percent of the totalprice.

When the delivered fuel oil’s ash content is found to be two hundredths (0.02%) of a percent, or more,above the maximum but less than four hundredths (0.04%) of a percent above the specified maximum ashrequirement, a deduction from the contracted price shall be taken at the rate of two (2.0%) percent of the totalprice.

When the delivered fuel oil’s ash content is found to be four hundredths (0.04%) of a percent, or more,above the maximum but less than six hundredths (0.06%) of a percent above the specified maximum ashrequirement, a deduction from the contracted price shall be taken at the rate of four (4.0%) percent of the totalprice.

When the delivered fuel oil’s ash content is found to be six hundredths (0.06%) of a percent, or more,above the specified maximum, but less than eight hundredths (0.08%) of a percent above the specified maximumash requirement, a deduction from the contracted price shall be taken at the rate of six (6.0%) percent of the totalprice.

When the delivered fuel oil’s ash content is found to be eight hundredths (0.08%) of a percent, or greater,above the specified maximum requirements for the ash content, a penalty based on the contracted price shall beassessed at the rate of ten (10%) percent of the total price of the product regardless of whether the fuel oildelivery is removed or not removed.



NON-COMPLYING PRODUCT BTU PER GALLON CONTENT/PRICE DEDUCTION:The respective grade of fuel oil provided under State contract must meet the minimum BTU per gallon

requirements for each sulfur level as described herein. If the fuel oil, which is subject to independent testinglaboratory analysis is found to be non-conforming with these specifications pertaining to BTU per gallon levels,a penalty will be assessed against the contractor by adjusting the invoice as follows:

When the product delivered contains less than the permitted minimum BTU per gallon level, the invoicewill be adjusted by dividing the actual BTU/gallon level delivered by the minimum BTU/gallonrequirement for the type of fuel oil purchased, multiplying the quotient by the contract adjusted per gallonprice at the time of delivery, and then multiplying that figure by total gallonage delivered.

EXAMPLEFor delivery of 1.0% maximum sulfur No. 6:

Gallons delivered - 4000BTU/gallon per analysis - 145,000BTU/gallon per specification - 147,000

145,000 X price/gallon X 4,000 = adjusted total product147,000 cost on invoice

NOTE: When more than the minimum BTU/gallon levels are delivered, there will be no adjustment of price,and delivery will be considered in conformance with this provision of the specifications relative to its BTU content.

DYE MARKER:All 1 and 2 fuel oil delivered shall contain a readily visible oil soluble dyestuff (1.4-dialkylamino-

anthraquinone) which is completely miscible. The dye shall ensure that these fuel oils are identified as notacceptable for use in highway vehicles. Dying shall be provided in accordance with State regulations andFederal Part 80 (CAA) regulations, Section 80.29 (Fed.Reg. pg19538, 7May92), and subsequent revisionsthereafter.

UNIVERSAL DETAILS

All products provided shall be homogenous fuel oil or kerosene, suitable for burner appliances, and theyshall conform to the requirements of ASTM D396-97 (Fuel Oil), ASTM D3699-96 (Kerosene), latest revision(s)thereof, or approved equivalent method, except as listed differently elsewhere herein.

There shall be no blending of other than pure distillates or unused residual fuel oils for product providedvia this contract.

FLASH POINT:The specified minimum Flash Point for Fuel Oils provided under this contract shall be as specified in

Table I and Table II, elsewhere herein, for the respective fuel oil being provided. Delivered product having aflash point below that specified in Table I or Table II, but not greater than twenty (20) degrees Fahrenheit lessshall be adjusted in price as specified elsewhere herein for NON-COMPLYING PRODUCT. Delivered producthaving a flash point greater than twenty (20) degrees Fahrenheit below that specified shall be removed from thepurchasing agency’s tank and replaced with product conforming to specifications. The Flash Point shall bedetermined using ASTM Test Method D93-90 (IP #34/85), latest revision thereof.



WATER AND SEDIMENT:The specified maximum Water & Sediment content for Fuel Oils provided under this contract shall be as

specified in Table I and Table II, elsewhere herein. Delivered product having a water & sediment content greaterthan the specified percent shall be adjusted in price as specified elsewhere herein for NON-COMPLYINGPRODUCT. Delivered product having a water & sediment greater than the specified percent shall be removedfrom the purchasing agency’s tank and replaced with product conforming to specifications, at purchasingagency’s discretion based on excessive filter maintenance and/or poor burner performance. The Water &Sediment content shall be determined using - ASTM Test Method D1796-93[r90] (IP #75/82), latest revisionthereof, or approved equivalent method; or the sum of the results of ASTM D95-83[r90] (IP #74/84) plus (+)ASTM D473-81[r87] (IP #53/82), latest revision thereof, or approved equivalent method, relative to theindividual characteristics of the product being tested.

VISCOSITY:The specified maximum Viscosity for Fuel Oils provided under this contract shall be as specified in Table

I and Table II, elsewhere within this specification. Delivered product having a viscosity greater than thatspecified for the respective product shall be adjusted in price as specified elsewhere herein for NON-COMPLYING PRODUCT. Delivered product having a viscosity greater than the specified shall be removedfrom the purchasing agency’s tank and replaced with product conforming to specifications, at purchasingagency’s discretion based on excessive filter maintenance and/or poor burner performance. The Viscosity shallbe determined using - ASTM Test Method D445-88 (IP #71-84), latest revision thereof, or approved equivalentmethod, and ASTM D2161-87, conversion of Kinematic Viscosity to Saybolt Universal Seconds (SUS) forTable I or to Saybolt Furol Seconds (SFS) for Table II, latest revision thereof, or approved equivalent method, -relative to the individual characteristics of the product being tested.

After receiving a written request by purchasing agency, the contractors delivery ticket will state the fuel’sviscosity (cSt, SUS, SFS).

NITROGEN:After receiving a written request by the purchasing agency, the contractors delivery ticket will state the

nitrogen content.

SULFUR:The specified maximum Sulfur content for Fuel Oils provided under this contract shall be as defined in

Table 1 and 2 of the detailed specifications and further modified in Attachment 1, “Summary of Sulfur Content”.Delivered product having a Sulfur content greater than that allowed shall be adjusted in price as specifiedelsewhere herein for NON-COMPLYING PRODUCT.

Delivered product having a sulfur content greater than that allowed by NYCRR, Title 6 EnvironmentalConservation Law, Chapter III Air Resources, Subchapter A, Subpart 225-1.2 (d) Table 2 shall be removed fromthe purchasing agency’s tank and replaced with product conforming to specifications. The Sulfur content shallbe determined using - ASTM Test Method D129-91 (IP #61/84), latest revision thereof, or approved equivalentmethod, relative to the individual characteristics of the product being tested.

ASH:The specified maximum ASH content for Fuel Oils provided under this contract shall be one tenth

(0.10%), or five hundredths (0.05%), of a percent, maximum by weight. These respective maximum ashcontents shall be as listed for an individual product in Table I or Table II herein. Additionally, a product havingan excessive ash content shall be removed and/or adjusted in price as specified elsewhere herein. The Ashcontent shall be determined using - ASTM Test Method D482-91 (IP #4/81), latest revisions thereof or approvedequivalent method, relative to the individual characteristics of the product being tested.



ASH: (Cont’d)Delivered product having an ash content above the maximum by greater than two thousandths (0.002%) of

a percent above the maximum but less than one tenth (0.10%) of a percent above the maximum shall be adjustedin price as stated elsewhere herein for NON-COMPLYING PRODUCT. Delivered product having an ashcontent of one tenth (0.10%) of a percent by weight, or greater, above the maximum specified shall be removedfrom the site upon the State’s request and the contractor shall pay a price penalty as stated elsewhere hereinregardless of whether the fuel oil delivery is removed or not removed. Respective ash contents shall be listedelsewhere herein.

BTU PER GALLON CONTENT:The specified minimum BTU PER GALLON content for Fuel Oils provided under this contract shall be as

specified in Table I and Table II, elsewhere herein. Delivered product having a BTU PER GALLON contentless than the specified percent shall be adjusted in price as specified elsewhere herein for NON-COMPLYINGPRODUCT.

GENERAL:Fuel Oils furnished shall conform to the physical and chemical requirements as listed under Table I and

Table II and to the Sulfur in Fuel limitations listed in Attachment I.



SUMMARY OF SULFUR CONTENT (REQUIREMENTS)ATTACHMENT I

______________________________________________________________________________________________Sulfur in Fuel Limitation (Effective on January 1, 1988)

______________________________________________________________________________________________ Oil Solid Fuel

(Maximum percent sulfur (Pounds of sulfur by weight - ASTM - D129 or D4294 per million BTU

Geographical Area Residual Distillate gross heatof the State #1 & #2 content)______________________________________________________________________________________________

New York City(Including Bronx, Kings,New York, Queens andRichmond Counties) 0.30 0.20 0.20 MAX

Nassau, Rockland, andWestchester Co. 0.37 0.37 0.20 MAX

Suffolk County: Townsof Babylon, Brookhaven,Huntington, Islip andSmithtown 1.00 1.00 0.60 MAX

Erie County: City ofLackawanna and SouthBuffalo* 1.10 1.10 1.7 MAX

Niagara County andramainder of Erie Co. 1.50 1.50 1.7 MAX

1.4 AVG**

Remainder of State 1.50 1.50 2.5 MAX1.9 AVG**1.7 AVG(ANNUAL)***

______________________________________________________________________________________________

*South Buffalo is defined as the area in the City of Buffalo south of a line from the intersection of I-90 and Rt. 5 and proceeding east along I-190 to the city line.

**Averages are computed for each emission source by dividing the total sulfur content by the total gross heat content of all solid fuel received during any consecutive three-month period.

***Annual averages are computed for each emission source by dividing the total sulfur content by the total gross heat content of all solid fuel received during any consecutive 12-month period.



TABLE I

Kero-sene

A.S.T.M. (SeeREQUIREMENT TEST NO. Note) No.1 No . 2 No. 4Gravity, °API Minimum: D1298, D287, 36 35 30 20 Maximum: OR D4052 52 46 38 30_______________________________________________________________________________________________Flash Point; °F Minimum: 100 100 ---- ---- Maximum: D93-90 ---- ---- 120 130_______________________________________________________________________________________________Freeze Point, °F Maximum: D2386-88 -22°F ---- ---- ----_______________________________________________________________________________________________Pour Point, °F Maximum: D97-87 ---- -9 30 30_______________________________________________________________________________________________Water & Sediment, %Volume, D1796-r90 or None Trace Trace 0.5Maximum: D95r90+D473r87_______________________________________________________________________________________________Viscosity, SUS/100°F Maximum: D445-88/ ---- 33 38 125 Minimum: D2161-87 ---- ---- 33 45_______________________________________________________________________________________________Viscosity, Kinematic, D445-88 1.9 2.2 3.6 26.4 Maximum: @104°F(Centistokes @104°F) 1.0 1.4 1.8 5.8 Minimum: @104°F_______________________________________________________________________________________________Carbon Residue, %Maximum by Weight based on D189-88 10% distillate residue: ---- 0.10 0.35 ---- based on Total residue: ---- ---- ---- 9.0_______________________________________________________________________________________________Ash, % maximum by weight: D482-91 ---- 0.05 0.05 0.1_______________________________________________________________________________________________Corrosion, Maximum 3 hours D130-88 Strip Strip Strip ----@122°F #3 #3 #3_______________________________________________________________________________________________Sulfur, wt. % Maximum D129-91 or D4294 0.50 0.50 1.5

0.04Or Legal Local Limit PerAttachment I when stricter

_______________________________________________________________________________________________BTU Per Gallon, Minimum D240-92 131,000 136,000 139,000 143M (Bomb Calorimeter)_______________________________________________________________________________________________Cloud Point, °F Maximum D97-87 For all fuel shall be as follows:

Shall be ten (10%) degrees Fahrenheit higher than required pour point based on the: TENTH Percentile MinimumAmbient Temperature for the area & climate/period of use.



ASTM #D975NOTE:

In addition to the other requirements of this specification, Kerosene shall pass a sixteen (16) hour burning test,after first weighing, using ASTM test method D187-82 (Reapproved 1988),or approved equivalent methodwith the following minimum results at the end of the required burn period:a. Maximum flame drop: 5mm (0.197”);b. Maximum change - flame width: 6mm (0.236”);c. No mushroom development;d. Only slight white deposit permissible on globes;e. Tensile strength of wick fibre shall be uninjured;f. Maximum char: 1/4”;g. Steady, free-burning without undue sensitivity to drafts;h. Flame shall hold its shape for duration of test; andI. Rate of Burning, after 1st weighing, shall be 18 thru 26 grams per hour

TABLE IIHeavy residual fuel oil (#6) shall conform to the following requirements:

1.50% Max. 1.00% Max. 0.50% Max. 0.30% Max.A.S.T.M. Sulfur (D129) Sulfur (D129) Sulfur (D129) Sulfur (D129)Test No. or D4294 or D4294 or D4294 or D4294

Gravity (60°F) Min. 6.0 Min. 10.0 Min. 10.0 Min. 10.0 D287 Max. 18.0 Max. 20.0 Max. 23.0 Max. 25.0_______________________________________________________________________________________________Flash Point F° Min. 140 Min. 140 Min. 140 Min. 140 D93_______________________________________________________________________________________________Viscosity at 122°F Min. 140 Min. 100 Min. 50 Min. 30D445 (Converted to SFS) Max. 300 Max. 300 Max. 300 Max. 300

NOTE: Viscosity Std. per ASTM #D396-90a, Table #2, Saybolt Furol Seconds [DO NOT REVISE]._______________________________________________________________________________________________

All #6 fuel oil regardless of sulfur content:Water by Distillation (D95): Water Content shall not exceed 1.0%;Sediment by Extraction (D473): Sediment content shall not exceed 0.5%;Total Water & Sediment: W&S combined content shall not exceed 1.5%. D95 + D473 or D1796_______________________________________________________________________________________________Ash (% by weight) Max. 0.100 Max. 0.100 Max. 0.100 Max. 0.100 D482-91_______________________________________________________________________________________________Carbon Residue, % Weight based on Total residue: 17% max. D189-88 regardless of

sulfur content_______________________________________________________________________________________________BTU per gallon Min. 149,000 Min. 147,000 Min. 144,000 Min. 143,000



State of New YorkOffice of General Services

PROCUREMENT SERVICES GROUPContract Performance Report

Please take a moment to let us know how this contract award has measured up to your expectations. If reportingon more than one contractor or product, please make copies as needed. This office will use the information to improveour contract award, where appropriate. Comments should include those of the product’s end user.

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*Note: “Product” is defined as a deliverable under any Bid or Contract, which may include commodities (includingprinting), services and/or technology. The term “Product” includes Licensed Software.

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CONTRACTOR

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Please detach or photocopy this form & return by FAX to 518/474-2437 or mail to:

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Corning 2nd Tower - Empire State PlazaAlbany, New York 12242

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contract award notification - ogs.state.ny.us23. #6 (1.5%) mt 210,000 $.4380 23 mirabito 24. kero...

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