ENE54–Gasoline Statewide Contract: This is a Statewide Contract (SWC) for the purchase and delivery of unleaded gasoline, which is available in three grades:

• Regular (87 Octane)
• Mid-grade (89 Octane)
• Premium (93 Octane)

Eligible Entities wishing to participate in this contract are required to establish an agreement with the designated successful vendor and remain with that vendor for a minimum of 12 months, or for the duration of the remaining contract period (from 8/1/2024 to 7/31/2031). Vendors have been directed to request this commitment in writing.

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

Link to Master Blanket Purchase Order (MBPO) with Request for Response (RFR): Master Blanket Purchase Order PO-25-1080-OSD03-OSD03-33331

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 
• Improving the availability of environmentally preferable products
• Bulk purchases of 8,000 gallons or more qualify for a lower differential pricing

This contract includes two (2) categories of products and services listed as follows:  

Category 1: Indexed Price
Category 2: Fixed Price

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
  

The price files and vendor catalogs are accessible through public view in COMMBUYS; therefore, buyers can access the price files and vendor catalogs without needing to sign into a COMMBUYS account.

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

Category 1 Pricing

Please note the following:

• This category has fixed differential pricing for unleaded gasoline delivery. The price is calculated by applying the low wholesale Boston price that is published daily by the Oil Price Information Service (OPIS), formerly the Journal of Commerce (JOC).
• All taxes and federal fees are included.
• Pricing is calculated as:
  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)

Finding the Index Price for Category 1

To find the published daily index wholesale price, go to the ENEFY25 Daily Pricing Index MBPO record on COMMBUYS. Navigate to Agency Attachments and open the Daily Index file corresponding to the date you want to access. Diesel prices are included in the index.

To access the Daily Pricing Index record manually:

1. Go to www.commbuys.com.
2. Enter ENEFY25 in the Search bar.
3. Click on the drop-down list and select Blankets.
4. Click on the Search icon (magnifying glass) next to the Blankets drop-down list. Results table displays.
5. Under the Blanket # column, click on the PO-25-1080-OSD03-SRC01-32964 link (direct link: PO-25-1080-OSD03-SRC01-32964). 
6. Navigate to Agency Attachments and open the Daily Index file corresponding to the date you want to access.

Differential Pricing for Category 1

Note: For deliveries of 7,999 gallons or less, the Less Than Truckload (LTL) differential pricing is applicable. The Truckload (TL) differential pricing applies to deliveries of 8,000 gallons or more.

Category 1–Unleaded Gasoline–Differential Pricing Information (Effective 08/01/24):

Category 2 Fixed Pricing

The Category 2 product is offered under a fixed-price contract. 

Please refer to the following guidelines:

• The price of gasoline deliveries is purchased at a fixed premium above the New York Mercantile Exchange-weighted (NYMEX-weighted) average gasoline price.
• The weighted average, calculated at the time of purchase, will be determined by averaging the number of months and gallons needed. 
• Eligible Entities are strongly encouraged to solicit quotes from vendors in zones with multiple awardees.
• Vendors will collaboratively work with individual purchasing parties to strategically determine the optimal time to lock into NYMEX, ensuring the most advantageous pricing for all involved. 
• Upon NYMEX lock-in by purchasing entities, the volume will be verified.
• The Purchasing Entities reserve the right to roll over purchases to additional months if needed.
• Prior to entering into an agreement, it is the responsibility of the vendor and purchasing party to come to a decision on how the unused gallons will be handled and to ensure that this agreement is in writing.
• The fixed adder is Ceiling/Not-to-Exceed, which means the contract's published pricing, including discounts, is a maximum price or 'not-to-exceed' limit and can be subject to further negotiation. 
• Eligible Entities retain the right to negotiate lower fixed adders with vendors based on total gallon volume. 
• A minimum of 42,000 gallons must be purchased by the Eligible Entity. 
• It is at the discretion of the vendor to enter into any agreements less than 42,000 gallons.

Category 2 Fixed Pricing:

Relevant Taxes and Fees

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

• State Excise Tax for on-road use: $0.24 cents per gallon
• Federal Leaking Underground Storage Tank (LUST): $0.001 per gallon
• Federal Oil Spill Liability Trust Fund: $0.00214 per gallon
• Massachusetts Uniform Oil Response Fee: $0.00119 per gallon
• Inflation Reduction Act Federal Superfund Tax: $0.17 per barrel or $0.00364 per gallon, effective January 1, 2023 for 10% Ethanol Gasoline Blends. The tax will be adjusted annually for inflation beginning January 1, 2024.

Buyers should refer to ENE54 when soliciting quotes from awarded vendors for Category 2 Fixed Price.

Use Solicitation Enabled Master Blanket PO-25-1080-OSD03-OSD03-33343. Quotes, not including construction services, should be awarded based on best value. 

Purchases made through this contract will be direct, outright purchases. 

The following purchasing methods are available under this contract:

• Direct Purchase of Fixed Price Items on COMMBUYS: This contract enables buyers to efficiently locate and acquire specific products and services, with pricing, within COMMBUYS. It provides the capability to generate a Release Requisition in COMMBUYS, transmit it for authorization, and then forward a Release Purchase Order to the vendor. This method should be used for Category 2 (Fixed-Price).
  
  For a description of how to complete this purchase in COMMBUYS, see 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: This contract allows buyers to find and quickly purchase specific products/services with pricing within COMMBUYS. In other words, it allows you to create a Release Requisition in COMMBUYS, submit the requisition for approval, and send the vendor a Release Purchase Order. This method should be used for Category 1. 
  
  Review the zone listing in Appendix A to find out which city or town your gasoline delivery zone is located in. Please contact the vendor assigned to that zone to discuss delivery locations, account details, and shipping arrangements. This contract covers nine zones throughout the state. For Category 1, each zone has one awarded vendor. These vendors are responsible for servicing the eligible users within that zone. In case of an issue, buyers can switch to a different vendor in the same category (Category 1). To ensure smooth operations, continue placing orders as usual by contacting the relevant vendor. 

• 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, see the How To Record a Contract Purchase Previously Made (RPA Release) job aid.
  

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 ENE54 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.

For shipping, delivery, and returns, please follow these guidelines:

• To ensure optimal service, gasoline deliveries must be scheduled on days and during hours that are convenient for buyers. 
• Lead time for normal delivery will be 24 hours; 48 hours for holidays and weekends. 
• Deliveries of less than 500 gallons will not be subject to any additional charges or service fees. 
• For all delivery terms, go to section 3.3 of the RFR. The RFR can be found in the COMMBUYS Master Contract Record PO-25-1080-OSD03-OSD03-33331. Under Agency Attachments.

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.

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) (Michael Barry or Kelly Minichello) 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.
  

• Key performance indicators include but are not limited to:
  • Quarterly sales reporting 
  • Supplier Diversity plan reporting
  • On-time deliveries, 
  • Billing services
  • Customer service
  • Timeliness of accurate reporting
  • Vendor responsiveness

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

• Buyers should inform vendors to reference Statewide Contract ENE54 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) (Michael Barry or Kelly Minichello) for guidance. 
• Vendors must notify buyers of product substitutions.

To add a product or service to the list of eligible products or services sold under this contract, buyers must contact their Category Manager(s) (Michael Barry or Kelly Minichello) for approval. The new product or service requested must comply with the established specifications and scope of the contract.

In support of the Commonwealth’s broader clean energy goals, vendors shall continue to optimize fuel logistics and prioritize increased load sizes to lower the frequency of delivery. 

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 ENE54* 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).