Gas & Diesel Bid FY27

FY 2027 Gasoline & Diesel
Bidding and Contract Requirements
INVITATION FOR BIDS (Chapter 30B Goods and Services)
INSTRUCTIONS TO BIDDERS (Chapter 30B Goods and Services)
FORM OF GENERAL BID
AGREEMENT (Chapter 30B Goods and Services)
CERTIFICATE OF VOTE
CERTIFICATIONS REQUIRED BY LAW
TAX COMPLIANCE
NON-COLLUSION
SCOPE OF WORK AND SPECIFICATIONS

FY 2027 Gasoline & Diesel
INVITATION FOR BIDS (Chapter 30B Goods and Services)
Notice is hereby given that the Town of Spencer is seeking sealed bids for the seasonal requirement
of Gasoline and Diesel fuels to be used for general work by the Town of Spencer in Fiscal Year
2027, July 1, 2026, through June 30, 2027. Invitation for Bidders (IFB) Packages with
specifications and a sample contract will be available on May 21, 2026, on the Town of Spencer
Website spencerma.gov (Click on Bids & RFPs). Obtaining the bid documents online is strongly
encouraged. All bids must conform to the specifications of the Office of Utilities and Facilities
and be submitted on the proper forms to be considered a valid bid. Sealed bids entitled "Bid for
Gasoline & Diesel" will be accepted at the Office of the Department of Utilities and Facilities, at
the above address, until June 11, 2026, at 10:00 A.M., at which time the bids will be publicly
opened and read.
All bids shall be in accordance with M.G.L. including but not limited to: Ch. 30, Section 39M (Bid
Bond), Ch. 149, Sec. 27 (Prevailing Wage Rates), and Ch. 149, Sec. 29 (Labor and Material Bonds
as applicable) A bid deposit in the amount of 5% of the bid shall accompany every bid. The bid
deposit shall be in the form of a bid bond, certified treasurer's check, or cashier's check made
payable to the Town of Spencer. Upon award and signing of the contract, the bid deposit will be
returned to the bidders. The Town of Spencer is exempt from sales and federal excise tax to the
extent permitted under law; bidders should not include such taxes in figuring or in references to
any bid.
Bids offering escalation clauses will be rejected. The Town of Spencer reserves the right to reject
any and all bids, wholly or in part, or to accept any bid even if the bid is not the lowest cost, if it
is deemed to be in the best interest of the municipality, to waive informalities deemed
inconsequential and to make awards in a manner deemed to be in the town's best interest. Minority-
and woman-owned businesses are encouraged to bid.
Jeffrey K. Bridges
Town Administrator
Town of Spencer
May 24, 2026
Instructions to Bidders - 1

FY 2027 Gasoline & Diesel
INSTRUCTIONS TO BIDDERS (Chapter 30B Goods and Services)
1. RECEIPT AND OPENING OF BIDS
The Town of Spencer, Massachusetts, herein called the Owner, acting by and through its Board of
Selectmen, will receive sealed Bids for the project known as the FY 2027 Gas & Diesel Bid.
General bids shall be addressed to the Office of the Department of Utilities and Facilities, 3 Old
Meadow Rd, Spencer, MA 01562 and endorsed "Bid for FY 2027 Gasoline and Diesel" will be
received at the Office of the Department of Utilities and Facilities until 10:00 a.m. prevailing time,
on June 11, 2026, at which time and place said bids will be publicly opened and read aloud.
Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized
postponement thereof. Any bid received after the time and date specified will not be considered.
The bidder agrees that its bid shall be good and may not be withdrawn for a period of 30 days,
Saturdays, Sundays, and legal holidays excluded, after the opening of bids.
2. LOCATION AND WORK TO BE DONE
The Work consists of providing gasoline and diesel fuel and all work incidental thereto, in
accordance with the requirements attached hereto.
The Work to be done and paid for under any item shall not be limited to the exact extent mentioned
or described but shall include all incidental work necessary or customarily done for the completion
of that item.
3. PREPARATION OF BID
Each bid must be submitted on the prescribed form. All blank spaces for bid prices must filled in,
in ink or typewritten, in both words and figures.
Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his
address, and endorsed with the name of the project as specified in Receipt and Opening of Bids,
above. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another
envelope addressed as specified in Receipt and Opening of Bids, above.
4. BID OPENING PROCEDURE
The following list of requirements shall apply to each filed bid. Bids not meeting all the
requirements for timeliness and security will be rejected; bids not meeting signature and addenda
requirements will be rejected prior to checking of bid amounts.
* Bids shall be filed at the place and before the time specified in Receipt and Opening of
Bids, above.
* Properly executed bid security shall be placed in a sealed envelope and shall be attached to
the outside of the envelope containing the bid.
* Bid signatures will be checked.
* All addenda will be sent certified mail, with return receipt requested, and/or facsimile or
e-mail to all prospective bidders. All bidders shall include with their bids the written
acknowledgment form provided in SECTION 00 41 00, FORM OF GENERAL BID.
Instructions to Bidders - 2

FY 2027 Gasoline & Diesel
The total dollar amount of each bid will be read, and the three apparent lowest bids will be selected
for further consideration. These three apparent low bids will be read aloud for the benefit of the
other bidders and the bid opening procedure will be closed. All those present at the bid opening
may examine all bids after the bid opening and after the reading of the three apparent low bids.
5. MODIFICATION
Any bidder may modify his bid by written communication at any time prior to the scheduled
closing time for receipt of bids. Any telegraphic communication must be received by the Owner
prior to the closing time, and, provided further, the Owner must be satisfied that a written
confirmation of the telegraphic modification over the signature of the bidder was mailed prior to
the closing time. If written confirmation is not received within two days from the closing time, no
consideration will be given to a telegraphic communication.
The communication shall not reveal the bid price but shall provide the addition or subtraction or
other modification so that the final prices or terms will not be known by the Owner until the sealed
bid is opened.
6. ABILITY AND EXPERIENCE OF BIDDER
No award will be made to any bidder who cannot satisfy the Owner that he has sufficient ability
and experience in this class of work and sufficient capital and plant to enable him to prosecute and
complete the work successfully within the time named. The Owner's decision or judgment on these
matters will be final, conclusive, and binding.
The Owner may make such investigations as it deems necessary, and the bidder shall furnish to
the Owner, under oath if so required, all such information and data for this purpose as the Owner
may request.
7. CONDITIONS OF WORK
Each bidder must familiarize himself fully with the conditions relating to the construction of the
project and the employment of labor thereon. Failure to do so will not relieve a successful bidder
of his obligation to furnish all material and labor necessary to carry out the provisions of his
contract. Insofar as possible the Contractor, in carrying out his work, must employ such methods
or means as will not cause any interruption of or interference with the work of any other Contractor.
8. ADDENDA AND INTERPRETATIONS
No interpretation of the meaning of the plans, specifications, or other pre-bid documents will be
made to any bidder orally. All information given to bidders other than by means of the plans,
specifications, or by addenda, as described below, is given informally and shall not be used as the
basis of a claim against the Owner.
Every request for such interpretation should be in writing addressed to Department of Utilities and
Facilities, 3 Old Meadow Rd, Spencer, MA 01562, and to be given consideration must be received
at least seven (7) days prior to the date fixed for the opening of bids. Emails to Doug Small, Utilities
& Facilities Superintendent, are acceptable for submitting requests to dsmall@spencerma.gov.
Any and all such interpretations and any supplemental instructions will be in the form of written
addenda which, when issued, will be posted on the Town of Spencer website, or sent via email if
Instructions to Bidders - 3

FY 2027 Gasoline & Diesel
time requires. Failure of any bidder to receive any such addendum or interpretation shall not relieve
such bidder from any obligation under his bid as submitted. All addenda so issued shall become
part of the Contract Documents.
9. SECURITY FOR FAITHFUL PERFORMANCE
Simultaneously with his delivery of the executed Contract, the Contractor shall furnish a surety
bond or bonds as security for faithful performance of this contract and for the payment of all
persons performing labor and materials under this contract. The surety on such bond or bonds shall
be a surety company qualified to do business under the laws of the Commonwealth and satisfactory
to the Owner. The bonds shall remain in force for one year after final acceptance of the work by
the Owner, unless the Owner, in writing, releases the Contractor from the obligation sooner.
10. POWER OF ATTORNEY
Attorneys-in-fact who sign Contract bonds must file with each bond a certified and effectively
dated copy of their power of attorney.
11. LAWS AND REGULATIONS
The bidder's attention is directed to the fact that all applicable State laws, municipal ordinances or
bylaws, and the rules and regulations of all authorities having jurisdiction over construction of the
project shall apply to the contract throughout, and they will be deemed to be included in the
Contract the same as though written out in full.
12. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT
The successful bidder, upon his failure or refusal to execute and deliver the Contract and bonds
required within 10 days after presentation thereof by the Owner, shall forfeit to the Owner, as
liquidated damages for such failure or refusal, the security deposited with his/her bid, but the
amount forfeited shall not exceed the difference between his/her bid price and the bid price of the
next lowest responsible and eligible bidder. In case of death, disability, bona fide clerical or
mechanical error of a substantial nature, or other similar unforeseen circumstances affecting the
bidder, his/her bid deposit will be returned.
13. OBLIGATION OF BIDDER
At the time of the opening of bids, each bidder will be presumed to have inspected the site and to
have read and to be thoroughly familiar with the Contract Documents (including all addenda). The
failure or omission of any bidder to examine any form, instrument, or document shall in no way
relieve any bidder from any obligation in respect of his bid.
14. INFORMATION NOT GUARANTEED
All information given in the Contract Documents relating to subsurface and other conditions,
natural phenomena, existing pipes, and other structures is from the best sources at present available
to the Owner. All such information is furnished only for the information and convenience of
bidders and is not guaranteed.
Instructions to Bidders - 4

FY 2027 Gasoline & Diesel
It is agreed and understood that the Owner does not warrant or guarantee that the subsurface or
other conditions, natural phenomena, existing pipes, or other structures encountered during
construction will be the same as those indicated in the Contract Documents. It is further agreed
and understood that no bidder or Contractor shall use or be entitled to use any of the information
made available to him or obtained in any examination made by him in any manner as a basis of or
ground for any claim or demand against the Owner or the Architect/Engineer, arising from or by
reason of any variance which may exist between the information made available and the actual
subsurface or other structures actually encountered during the construction work, except as may
otherwise be expressly provided for in the Contract Documents.
15. RIGHT TO REJECT BID
The Owner reserves the right to waive any informalities in bids and to reject any and all bids,
should the Owner deem it to be in the public interest to do so.
The Owner may also reject bids which in its sole judgment are either incomplete, conditional,
obscure or not responsive or which contain additions not called for, erasures not properly initialed,
alterations, or similar irregularities.
16. TIME FOR COMPLETION
The successful general bidder must agree to commence work within ten (10) days of the date of
the Notice to Proceed and to fully complete the project within the time limit stated in SECTION
00 41 00, FORM OF GENERAL BID.
17. COMPARISON OF BIDS
Bids will be compared on the basis of prices set forth in the bid forms. In the event that there is a
discrepancy between the lump sum or unit prices written in words and figures, the prices written
in words will govern.
18. AWARD OF CONTRACT
The Contract will be awarded to "responsible and responsive bidder offering the best price"
pursuant to General Laws Chapter 30B, as amended. Such a bidder shall possess the skill, ability
and integrity necessary for the faithful performance of the work, shall be able to furnish labor that
can work in harmony with all other elements of labor employed, or to be employed, in the work,
and shall otherwise comply with all applicable provisions of law. Contract award shall be subject
to availability of an appropriation for funding.
19. STATUTES REGULATING COMPETITIVE BIDDING
Any bid which does not comply with the provisions of Massachusetts General Laws Chapter 30B,
as amended, need not be accepted and the Owner may reject every such bid.
20. WAGE RATES
Prevailing Wage Rates as determined by the Commissioner of Department of Labor and
Workforce Development under the provision of the Massachusetts General Laws, Chapter 149,
Sections 26 to 27G, as amended, apply to this project. It is the responsibility of the bidder, before
Instructions to Bidders - 5

FY 2027 Gasoline & Diesel
bid opening, to request any additional information on Prevailing Wage Rates for those
tradespeople who may be employed for the proposed work under this contract.
21. CONTRACTOR RECORDS
The Contractor shall comply with the provisions of Massachusetts General Laws, Chapter 30,
Section 39R concerning Contractor records.
22. INSURANCE
The Contractor shall carry and continuously maintain until completion of the Contract, insurance
as specified in Agreement and in such form as shall protect him performing work covered by this
Contract, and the Town of Spencer and its employees, agents and officials, from all claims an
liability for damages for bodily injury, including accidental death, and for property damage, which
may arise from operations under this Contract. The Town shall be named as an additional insured.
The Contractor covenants and agrees to hold the Town and its employees, agents and officials
harmless from loss or damage due to claims for bodily injury or death and/or property damage
arising from, or in connection with, operations under this Contract.
23. PROJECT MANAGER
The Owner has assigned Doug Small, Utilities and Facilities Superintendent, as Project Manager
for this Project.
Instructions to Bidders - 6

FY 2027 Gasoline & Diesel
FORM OF GENERAL BID
Bid of __________________________________ (hereinafter called "Bidder")1
(____) a corporation, organized and existing under the laws of the State of
____________________
(____) a partnership
(____) a joint venture
(____) an individual
doing business as _____________________________________
To the Town of Spencer, Massachusetts (hereinafter called "Owner").
The undersigned Bidder, in compliance with your invitation for bids for the project known as FY
2027 GAS & DIESEL BID, having examined the plans and specifications and related documents
and the site of the proposed work, and being familiar with all of the conditions surrounding the
construction of the proposed project including the availability of materials and labor, hereby
proposes to furnish all labor, materials, and supplies, and to construct the project in accordance
with the contract documents and the plans and specifications within the time set forth below, and
at the prices stated below. These prices are to cover all expenses incurred in performing the work
required under the contract documents, of which this bid is a part.
Bidder acknowledges receipt of and this bid includes the following addenda:
No. Dated:
No. Dated:
No. Dated:
1 Specify corporation, partnership, or individual as applicable.
Form of General Bid - 1

FY 2027 Gasoline & Diesel
PROPOSAL FORM
PETROLEUM PRODUCTS
BID BOND REQUIRED
(Bid Item #A)
MID GRADE GASOLINE MIN. 89 OCTANE $____________________________
(with 10% ethanol) Bid Increment
(Bid Item #B)
DIESEL FUEL 45 CETANE $____________________________
(Ultra Low Sulfur Diesel Fuel - ILSD Bid Increment
(Bid Item #C)
DIESEL FUEL 45 CETANE $____________________________
(ULSD w/ winter additive) Bid Increment
ALL APPLICABLE STATE AND FEDERAL TAXES SHALL BE INCLUDED IN THE FUEL
PRICE.
ADDENDA: This bid includes addenda numbered (List all Addenda numbers): _____________
______________________________________________________________________________
The quantities specified are approximate and are based on previous consumption. It is specifically
understood that the Town does not agree to purchase any specific quantity, and purchases will be made
for actual requirements of the Town, only. The Town may increase or decrease the quantity of any
item specified without change in price per unit of quantity as stated in the Contractor's Bid Response.
Bids must remain firm throughout the contract term, unless otherwise specified. No increase in the unit
price bid, once accepted and awarded will be permitted.
The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit,
insurance, etc., to cover the finished work of the several kinds called for.
The Bidder understands that all bids for this project are subject to the applicable bidding laws of
the Commonwealth of Massachusetts, including General Laws Chapter 149 and Chapter 30B, as
amended.
The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any
informalities in the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of 30 days,
Saturdays, Sundays and legal holidays excluded, after the opening of bids.
Within 10 days of receipt of the written notice of acceptance of this bid, the Bidder will execute
the formal Agreement set forth in SECTION 00 52 00 AGREEMENT.
Form of General Bid - 2