ENE52–No.2 Heating Fuel and APS Eligible Liquid Biofuel: This contract contains environmentally preferable products and service-disabled veteran-owned business. This is a Statewide Contract (SWC) for No. 2 Heating Fuel and Alternative Energy Portfolio Standard-Eligible Liquid Biofuel (APS-Eligible Liquid Biofuel). New entities wishing to participate in this contract must plan with the appropriately awarded vendor from October to November to be included in the upcoming heating season. Entities must remain with the vendor for the duration of the heating season (from October 1 to March 31). Vendors are now required to secure written agreements specifying the duration period. After November, new entities are added at the discretion of the vendor.

Per Executive Order 594, signed by Governor Baker on Earth Day, April 22, 2021, all state agencies using heating oil as of July 1, 2021, must ensure that any heating oil purchased contains at least 10% biofuels (B10). The specified biofuels must adhere to the fuel content standards outlined in the Leading by Example (LBE) guidance. Agencies should collaborate closely with the LBE to maximize biofuel use and achieve the highest practical consumption levels. Agencies can be exempted from this requirement if biofuels are unavailable, too expensive, or if a specific performance issue arises.

APS-Eligible Liquid Biofuel shall meet the definition found in 225CMR16.02 and shall comply with all the requirements of 225CMR16.02, 225CMR16.05, and related guidelines. To qualify as an APS-Eligible Liquid Biofuel, it must meet the definition in 225 CMR 16.02 and comply with all 225 CMR 16.02, 225 CMR 16.05, and related guidelines.

Before supplying biofuels, vendors must obtain a signed agreement from customers, specifying the highest allowable biofuel percentage, which must align with the customer's equipment specifications and warranty.

Note: This contract may be used to procure the goods or services described in this user guide at any dollar amount. Any limitations, including for procurements involving construction, are outlined in this Contract User Guide.

For the Master Contract Record, refer to the ENE52 Master Contract Record.

Benefits and Cost Savings

Statewide Contracts are an easy way to obtain benefits for your organization by: 

• Leveraging the Commonwealth’s buying power
• Simplifying the solicitation process
• Providing contracting expertise
• Enhancing vendor relationships through proactive management and oversight
• Offering competitive pricing
• Offering Prompt Payment Discounts (PPD), which is a percentage discount given to the buyer if the invoice is paid within a specified time, in accordance with the Commonwealth’s Bill Paying Policy

• Partnering with a pool of qualified and experienced vendors 
• Accessing a wide range of environmentally preferable products and services 

This contract includes three (3) categories of products listed as follows: 

Category 1: No. 2 Heating Oil
Category 2: Massachusetts APS-Eligible Liquid Biofuel, Minimum 10% Biofuel
Category 3: No. 2 Heating Oil Fixed Pricing 

The following is a complete list of the types of organizations generally allowed to use the Operational Service Division’s (OSD's) Statewide Contracts (SWCs). Some SWCs may be open to additional organizations, and some are more restricted in usage.

• Cities, towns, districts, counties, and other political subdivisions
• Executive, Legislative, and Judicial Branches, including all departments and elected offices therein
• Independent public authorities, commissions, and quasi-public agencies
• Local public libraries, public school districts, and charter schools
• Public hospitals owned by the Commonwealth of Massachusetts
• Public institutions of higher education
• Public purchasing cooperatives
• Non-profit, UFR-certified organizations that are doing business with the Commonwealth
• Other states and territories and their cities, towns, districts, counties, other political subdivisions, and public institutions of higher education without prior approval from the State Purchasing Agent 
• Other entities when designated in writing by the State Purchasing Agent
  

Pricing and Buying Details

All orders should reference ENE52 to ensure buyers get statewide contract pricing. 

To verify the commodity price for heating fuels for Category 1 and Category 2: 

1. Go to COMMBUYS.
2. In the Search field, enter ENEFY26.
3. In the drop-down list, select Blankets, and then select the Search icon (magnifying glass). The Results table displays.
4. Under the Blanket # column, select the PO link. The selected Master Blanket Purchase Order displays.
5. Navigate to the Agency Attachments section and select the file corresponding to the desired date.
6. You can also access the attachment directly by selecting ENEFY26 Daily Index Pricing.

Note: The Less Than Truckload Differential (LTL) pricing is applicable for all deliveries under 8,000 gallons. The Truckload Differential (TL) pricing is applicable for deliveries of 8,000 gallons or more.

No. 2 Heating Oil and Massachusetts APS-Eligible Liquid Biofuel, Minimum 10% Biofuel

The delivery of No.2 Heating Oil and Alternative Portfolio Standards-Eligible (APS-Eligible) Liquid Biofuel is purchased at a fixed differential price to be applied to the average of the high and low wholesale Boston Price as published daily in the Oil Price Daily, an OPIS Publication. 
The vendor will provide a consistent supply of No.2 Heating Oil and APS-eligible Liquid Biofuel, purchased at a set price difference added to the daily average of the high and low wholesale Boston price as listed in the Oil Price Daily, an OPIS publication.

Note: Total Price per Gallon = Daily Commodity Price + Applicable Differential Price (additional taxes and federal environmental fees to be billed as separate line items on invoices).

The total price per gallon of gasoline is determined by: Total Price per Gallon = Daily Commodity Price + Applicable Differential Price (additional taxes and federal environmental fees to be billed as separate line items on invoices).

Category 1 No. 2 Heating Oil (Pricing Effective 10/01/2021):

Category 2 Massachusetts APS-Eligible Liquid Biofuel, Minimum 10% Biofuel (Pricing Effective 10/01/2021): 

Category 3 Fixed Pricing

The delivery of No. 2 Heating Oil is purchased as a fixed adder over the weighted average price of the New York Mercantile Exchange (NYMEX) for No. 2 Heating Oil. The weighted average will be determined at time of purchase by averaging the number of months and/or gallons needed. It is strongly encouraged that eligible entities solicit quotes in zones with multiple awarded vendors. Vendors will work with the individual purchasing entities to determine specific time to lock into the NYMEX when it is deemed to be most advantageous. The specific volume will be verified when NYMEX is locked in by the purchasing entities. Purchasing Entities reserve the right to roll over purchases to additional months if needed. It is the responsibility of the vendor and Purchasing Entity to come to a decision about how the unused gallons will be handled prior to entering into an agreement and to ensure that this agreement is in writing. 

Note: This fixed adder is ceiling, not to exceed pricing. Eligibility entities reserve the right to negotiate a lower fixed adder based on total gallons with the vendor.

Category 3 Fixed Pricing No. 2 Heating Oil (Pricing Effective 10/01/2021):

Note: N/A = Not Applicable

Additional Taxes and Federal Environmental Fees

The following additional taxes and federal environmental fees are to be billed as separate line items on invoices:

• Federal Leaking Underground Storage Tank (LUST): $.001 per gallon
• Federal Oil Spill Liability Trust Fund: $0.00214 per gallon 
• Massachusetts Uniform Oil Response Fee: $0.00119 per gallon
• National Oil heat Research Alliance (NORA) Fee: $0.0020 per gallon
• Inflation Reduction Act Federal Superfund Tax: $0.00619 per gallon. The Superfund tax was reinstated beginning 1/01/2023 and is adjusted annually for inflation. The inflation adjusted rate for 2024 is $0.26 cents per barrel of crude beginning 01/01/2024.

Note: The price files and vendor catalogs are accessible through public view in COMMBUYS; therefore, buyers may access the price files and vendor catalogs without signing into a COMMBUYS account.

Product Pricing and Finding Vendor Price Files

Note: Product pricing may be found on the vendor information page, where links to all the vendors’ MBPOs are provided.

Buyers should review the available pricing information when choosing a vendor but are not required to obtain multiple quotes.

In addition, buyers are encouraged to use the Solicitation-Enabled Master Blanket Purchase Order. 

Buyers can also reach out to vendors directly for quotes in their awarded zone. Refer to the vendor list for awarded zones and Appendix: Geographical Service Areas for zone information.

Purchases made through this contract will be direct, outright purchases. Product pricing may be found on the vendor information page, where the links to all the vendors’ Master Blanket Purchase Orders (MBPOs) are provided. The contract also offers services (in addition to commodities) that attract hourly rates, which can be found on the vendor’s MBPO.

This contract has the following purchase methods for post-award participants:

• Quote Solicitation: Buyers can solicit quotes from multiple vendors (view the Solicitation-Enabled Master Blanket Purchase Order to award vendors) and place orders through COMMBUYS. A solicitation-enabled contract allows the buyer to solicit quotes from vendors who have Master Blanket Purchase Orders (MBPOs) or Statewide Contracts in COMMBUYS. The buyers can create a solicitation-enabled bid using a release requisition, converting the requisition to a bid, and then requesting quotes from eligible vendors. 
  
  Refer to the How to Request Quotes from Vendors on Statewide Contracts job aid for more details.
  
  
• Direct Purchase of Fixed Price Items on COMMBUYS: Used for products and services with fixed pricing and is viewable in vendor catalogs or price files. Refer to the Vendor MBPO Listing under vendor information for a list of eligible vendors. The buyer can submit a request for goods and services from a Statewide Contract (SWC) or a Departmental Contract. This option is for users with Basic Purchaser or Department Access privileges in COMMBUYS. Once the requisition is approved, a Purchase Order (PO) is generated and can be sent to the vendor. Requisitions are documents used to request goods and services. A requisition is the first document used to generate a PO. 
  
  Refer to the How to Make a Statewide Contract Purchase in COMMBUYS job aid for more details. 
  
  
• Direct Purchase of Non-Fixed Price Item ($0 Line Item) on Vendor’s MBPO: Applicable to products and services may require customized quoting. Refer to the Vendor MBPO Listing under vendor information for a list of eligible vendors. The Buyer can create a Release Requisition in COMMBUYS, submit the requisition for approval in COMMBUYS, and then send the vendor a Release Purchase Order.
  
  Refer to the How to Make a Statewide Contract Purchase in COMMBUYS job aid for more details.
  
  
• Document Items in COMMBUYS That Have Already Been Purchased: This contract enables buyers to retroactively record a previously made contract purchase within the COMMBUYS system. This is done through a Request for Payment Authorization (RPA) Release Requisition, which also allows MOSAIC users to easily keep track of spending.
  
  For a description on how to complete this purchase in COMMBUYS, refer to the How To Record a Contract Purchase Previously Made (RPA Release) job aid.
  
  Note: MOSAIC and COMMBUYS do not interface. Payment request and invoice must be reported in both MOSAIC and COMMBUYS.
  

COMMBUYS is the Commonwealth of Massachusetts' e-procurement platform, serving as a central marketplace for state agencies and other Eligible Entities to procure goods and services, connecting government buyers and businesses. It aims to streamline the purchasing process, ensuring transparency and efficiency in the procurement process.

For Executive Agencies, COMMBUYS is required. Per 801 CMR 21.00, Executive Agencies must use established Statewide Contracts (SWCs) for the purchase of products and services. To set up a COMMBUYS buyer account or to update an existing agency account, the buyers must contact the COMMBUYS Help Desk at: 888-627-8283 or OSDhelpdesk@mass.gov.

While COMMBUYS use is not mandated for Non-Executive Agencies and other Eligible Entities, it is highly recommended to streamline the procurement process and assist buyers in making informed purchasing choices. Eligible entities should follow their internal guidelines for COMMBUYS use.

Buyers can view contract documents on COMMBUYS without requiring a COMMBUYS account or logging in.  
To find contract documents in COMMBUYS, follow these steps:

1. On the COMMBUYS home page, enter ENE52 in the search tool and select Blankets from the drop-down list.
2. Select the Search icon. The related Master Blanket Purchase Orders (MBPOs) information opens in a table format. 
3. To view the associated contract documents, under the Blanket # column, select the applicable Purchase Order (PO) link. MBPO opens for the selected PO and the attachments can be found in the Agency Attachments or Vendor Attachments section. 

If applicable, to find vendor-specific documents, view the links to the individual vendor MBPOs on the Vendor Information page, and follow these steps:

1. On the Vendor Information page, select the applicable Purchase Order (PO) link. The Master Blanket Purchase Order (MBPO) opens for the selected PO.
2. If applicable, on the MBPO, scroll down to the Vendor Attachments section to find the vendor-specific documents.
3. To view, select the desired document link.

Please refer to the following guidelines:

• Executive Departments must use diverse and small businesses to the extent possible based on contract terms, Supplier Diversity Office (SDO), and departmental policies, laws, and regulations.
• The Small Business Purchasing Program (SBPP) applies to small procurements ($250,000 or below annually), while the Supplier Diversity Program (SDP) applies to large procurements (over $250,000 annually). Executive Departments must consider these requirements when soliciting quotes or issuing Statements of Work (SOWs).
• Operational Services Division (OSD) provides a list of SDO businesses through the Statewide Contract Index. Refer to the Programs (SDP and SBPP) tab on the index (scroll to view the tab).

• In cases where all other factors are equal, and particularly when adhering to a best value approach, the department will favor the vendor with stronger SDP commitment.
• For more information, refer to Best Value Evaluation of SDP Plan Forms: A Guide for Strategic Sourcing Teams.
• Vendor SDP commitment percentages may be found on the Vendor List table.

• If available, departments must notify at least two certified small businesses capable of providing the product or service. Bids received from SBPP-participating small businesses must be evaluated, and if one meets the department’s best value criteria, the contract must be awarded to that vendor.
• For more information, refer to Best Value Evaluation of Responses to Small Procurements: A Guide for Strategic Sourcing Teams.
• Vendor SBPP Certification status can be found on the Vendor List table.

The awarded vendor’s use of subcontractors is subject to the provisions of the Commonwealth’s Terms and Conditions and Standard Contract Form, as well as other applicable terms of this Statewide Contract (SWC). 

The vendor shall implement all reasonable and prudent measures to secure an uninterrupted supply of oil for contract users.

For shipping and delivery please follow these guidelines:

• Vendors (awarded bidders) must verify operational details about sites located in their awarded zone(s) prior to making deliveries. 
• Vendors are required to deliver to all truck-accessible sites within the awarded zone. 
• Delivery of No.2 Heating Oil must be made on days and during hours that are acceptable to contract users. Lead time for normal delivery will be 24 hours; 48 hours for holidays and weekends. 
• Deliveries must be compliant with all applicable Local, State, and Federal laws and regulations.
• Vendors are responsible for paying for any damage they cause at a site.
• In the case of sites receiving delivery by tanker or taking an entire compartment, the vendor must provide a verified copy of the vendor ’s supplier’s statement of delivery. 
  • For other deliveries, each truck must be equipped with a meter that generates a delivery ticket displaying gallons dispensed, with mandatory signatures from both the driver and the contract user's site manager. Tickets are required at site upon delivery, unless the site has made other arrangements.
• Drivers are responsible for ensuring their trucks are stocked with proper spill containment equipment and for demonstrating proficiency in their use. 
• If customers are required to have a Spill Prevention, Control, and Countermeasure (SPCC) plan in place, the vendor must become familiar with this plan and understand their role in any such plan. 
• The Commonwealth retains the right to inspect delivery vehicles to confirm the delivered quantities. 
  • The delivery vendor must supply means of inspection. 
  • Facilities management manually gauges the No. 2 heating oil level in a storage tank before and after a delivery to confirm the amount delivered.
• The vendor is not allowed to charge additional service charges for same day deliveries, emergency deliveries, or deliveries under a certain gallon amount.

For accidents and spills, please refer to the following requirements:

• The vendor is liable for damage to the agency's property (building, grounds, equipment) caused by the delivery of fuel under this contract, including damage from their employees' actions. This liability includes and is not limited to spills occurring during delivery. 
• The vendor must ensure a designated representative is present to supervise the delivery at the point of transfer. 
• The vendor's responsibility is not diminished even if a department orders an excessive amount of No. 2 Heating Oil or Eligible Liquid Biofuel.
• Accountability for the cleanup of any environmental spills or accidental releases resulting from the vendor's work under this contract, whether due to their acts, omissions, or negligence, rests entirely with the vendor. All such remediation shall be performed at no charge to the Commonwealth and in compliance with MGL c. 21E and other relevant regulations.
  • The vendor shall notify all local, state, and federal authorities as required by law in the event of such a release or threat of release.
• In the event of a spill, release, or threat of release to the environment, and prior to commencing cleanup, the vendor must report the incident to the user facility contact person via phone or email immediately, with written confirmation to follow. 
  • If prior notification of the facility contact is not feasible, the vendor must take appropriate response actions and promptly notify the contact person in writing.
• The vendor must write and submit a summary of response actions for spills and/or contamination, adhering to MGL C. 21E reporting timelines, and send a copy to the Category Manager(s) (Kelly Minichello or Michael Barry)
  

Vendors on this contract may be required to provide products or services in cases of statewide emergencies. The 801 CMR 21.05(3) defines emergency for procurement purposes. Visit the Emergency Response Supplies, Services and Equipment Contact Information for Statewide Contracts list for emergency services related to this contract.

Vendor must have available dispatch services 365 days a year/24 hours a day/7 days a week. The need for emergency delivery will occur and the vendor must provide 24- hour, 365- day coverage. In a declared state of emergency where the safety and wellbeing of Commonwealth citizens are at risk, vendors may be asked to supply the Commonwealth with the commodities and/or services under the Statewide Contract on a priority basis. If emergency deliveries become a recurring problem, the vendor must seek resolution with the Contract Manager at the Operational Services Division (OSD).

Vendors' performance is measured by several factors, including the following:

• Buyers provide actionable feedback on vendors for this contract to optimize performance through the Procurated platform. On the Procurated website, click "Search for a Massachusetts Vendor to Review", then search for the vendor by name and select them from the list. Once you enter your professional email address, you will be forwarded to the review screen.
• Buyers are encouraged to reach out to the Category Manager(s) (Kelly Minichello or Michael Barry) if vendors are not meeting their contractual obligations and buyers may be surveyed for vendor performance feedback.
• Vendors will be evaluated on their current performance and may be asked to work with the Commonwealth toward improvement.
• Vendors must meet all contractual requirements throughout the life of the contract, including requirements for timely and accurate report submission, to remain in good standing under the contract.
  

For general procurement guidelines and best practices, follow these recommendations:

• Buyers should inform vendors to reference Statewide Contract ENE52 on all quotes and invoices.
• No prepayment should be made for products not yet delivered or services not yet rendered.
• No sales tax should be applied to invoices.
• No fees or surcharges (including travel, fuel, delivery) should be applied to invoices.
• Special order fees must be agreed upon by both parties upfront.
• Payments for products or services provided must be paid within 45 days per Massachusetts Bill Payment Policy, or sooner if applying Prompt Payment Discount.
• Buyers are not required to sign additional agreements with vendors that conflict with the Request for Response (RFR) Terms and Conditions. Contact the Category Manager(s) (Kelly Minichello or Michael Barry) for guidance. 
• Vendors must notify buyers of product substitutions.

Biofuels are renewable alternatives to petroleum-based liquid fuels such as gasoline, diesel, and heating oil. Biofuels are derived from renewable organic matter such as corn, soy, switchgrass, agricultural waste, wood, and waste vegetable oil. Transitioning from fossil fuels to biofuels or blending the two may help mitigate several negative environmental impacts linked to fossil fuel extraction and consumption. Benefits may include lowering greenhouse gas and conventional pollutant emissions, and better conservation of finite natural resources. 

Pursuant to Executive Order 594, all agencies using heating oil as of July 1, 2021, must ensure that any heating oil procured contains a minimum of 10% biofuel (B10). These biofuels must meet specifications detailed in the Leading by Example (LBE) program guidance. Agencies are encouraged to collaborate with LBE to maximize their use of biofuel blends whenever feasible. Exemptions may apply when biofuels are unavailable, cost-prohibitive, or incompatible with specific equipment needs.

Additionally, Massachusetts APS-eligible liquid biofuels must comply with the criteria set forth in 225CMR16.02 as well as all the requirements of 225CMR16.02 and 225CMR16.05 and their related guidelines.

Vendors are required to obtain written customer consent specifying the maximum allowable biofuel percentage to be delivered, based on fuel quality standards and equipment manufacturer warranties. To place an order for heating oil containing biofuel, buyers must either:

• Request a written agreement specifying the acceptable biofuel blend to be delivered (e.g., B5, B10, B20); or
• Include the desired biofuel percentage directly in the Request for Quotes (RFQ).

This ensures that buyers maintain a clear paper trail documenting the requested biofuel blend.

Learn More

Explore the Environmentally Preferable Products (EPP) Procurement Program and discover detailed guidance in the EPP Products and Services Guide.

When placing orders with a vendor, MOSAIC users must reference the contract ID number ENE52* in the Agreement ID field in MOSAIC for encumbrances related to purchases from Statewide Contracts. Please address all inquiries regarding MOSAIC technical support and job aids by emailing the Comptroller Help Desk or by calling 617-973-2468. 

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

Truck Safety Standards

The RMV enacted new regulations (540 CMR 4.10 to 4.13) that apply to certain registered motor vehicles, trailers, semi-trailers, and semi-trailer units classified as Class 3 or above by the Federal Highway Administration, with a gross vehicle weight (GVW) rating of 10,001 pounds or more (“Heavy Vehicles”). Heavy Vehicles that are (1) leased or purchased by the Commonwealth on or after January 1, 2023, or (2) operated under contracts with the Commonwealth executed on or after January 1, 2025, that require the use of Heavy Vehicles in writing or by necessary implication, must be equipped with the following truck safety devices:

• Lateral protective devices (LPD), commonly called “Side Guards”
• Convex mirrors
• Crossover mirrors
• Back-up cameras

For snow and ice management and removal services and towing services, these regulations apply to Heavy Vehicles operated under contracts with the Commonwealth that were executed on or after July 1, 2025. Heavy Vehicles affected by the RMV regulations must be certified as compliant with these requirements beginning December 31, 2025 using the RMV portal. Please refer to MassDOT’s Truck Safety Devices for information about updates on truck safety devices, the certification and waiver process, and guidance for vendors. Further guidance will soon be available on the Operational Services Division (OSD) website.