RFB 2026-090 ULSHO: University of Maine at Machias

REQUEST FOR BIDS
Administered by:
Competitive Energy Services, LLC
FUELS:
ULSHO
University of Maine at Machias
RFB# 2026-090
ISSUE DATE:
March 30, 2026
BIDS RESPONSE DATE:
April 13, 2026
(See Section Two for details)
Competitive Energy Services
Attn: Sarah Bilodeau

SECTION ONE
1.0 GENERAL INFORMATION:
1.1 Purpose: Competitive Energy Services ("CES"), the Bid Administrator, on behalf of the
University of Maine System ("University"), is seeking quotations from fuel distributors to
supply University of Maine Machias locations with fuel.
1.2 References: Each respondent to this Request for Bids ("RFB") shall be referred to as a
"Bidder." Each Bidder to whom a contract is awarded shall be referred to as a "Contractor."
1.3 Objectives: To obtain:
(a) Firm fixed price, pay-as-delivered, contract(s) for fuel product, quantities, and delivery
terms as specified in Section 2 below. Hereinafter, these prices shall be referred to as
the "Fixed Price."
(b) Spot-market index price delivery contract(s) for fuel product, quantities, and delivery term
as specified in Section 2 below. Hereinafter, these prices shall be referred to as the
"Spot-Market Price."
Spot-Market Price deliveries shall be for quantities in excess of contracted Fixed Price
quantities, if any.
1.4 Timeline of Events: Timeline dates are subject to change at the University's sole discretion.
The University reserves the right to award this RFB at any time it determines that market
conditions are favorable and such award is in the best interests of the University.
Event Due Date
Issue Date Monday March 30, 2026
Inquiries Deadline EOB Thursday April 2, 2026
Response to Inquiries EOB Monday April 6, 2026
Bids Due Date 4:00 PM Monday April 13, 2026
Estimated Award Date On or before October 1, 2026
1.5 Evaluation Criteria: Award will be made to the low Bidder provided that all other
requirements are satisfactorily met and competitively bid, and based upon the University's
evaluation of bids to unlike market indices, preference may be given to the Bids offered that
are consistent with the University preferred market indices specified in Section 5. The
University will not consider non-responsive bids or proposals, i.e., those with material
deficiencies, omissions, errors or inconsistencies.
1.6 Award: The University reserves the right to award this bid on a location by location basis,
price and other factors considered. The University reserves the right to conduct any tests it
may deem advisable and to make all evaluations. The University reserves the right to reject
any or all bids, in whole or in part and is not necessarily bound to accept the lowest bid if that
bid is contrary to the best interests of the University. The University may cancel this request
for bids and reject any or all responses in whole or in part. The University reserves the right
to waive minor irregularities. Scholarships, donations, or gifts to the University, will not be
considered in the evaluation of bids. A bid may be rejected if it is in any way incomplete or
irregular. When there are tie bids, there shall be a preference for "in-state Bidders". When
tie bids are both in state or both out of state, the award will be made to the bid that arrives
first in the office designated to receive the bids.

1.7 Freedom of Access Act: The University must adhere to the provisions of the Maine Freedom
of Access Act. (FOAA), 1 MRSA sec 401 et seq. As a condition of accepting a contract under
this section, a contractor must accept that, to the extent required by Maine FOAA, responses
to this solicitation, and any ensuing contractual documents, are considered public records
and therefore are subject to freedom of access requests.
1.8 Award Protest: Bidders may appeal the award decision by submitting a written protest to the
University Chief Procurement Officer within 5 business days of the date of the award notice
with a copy of the protest to the successful bidder. The protest must contain a statement of
the basis for the challenge.
1.9 Costs of Preparation: Bidder assumes all costs of preparation of the bid and any
presentations necessary to the bidding process.
1.10 Debarment: Submission of a signed bid in response to this solicitation is certification that
your firm (or any subcontractor) is not currently debarred, suspended, proposed for
debarment, declared ineligible or voluntarily excluded from participation in this transaction by
any State or Federal department or agency. Submission is also agreement that the
University will be notified of any change in this status.
END SECTION ONE

SECTION TWO
2.0 BIDDING REQUIREMENTS:
2.1 Bid Understanding: By submitting a bid, the Bidder agrees and assures that the
specifications are adequate, and the Bidder accepts the terms and conditions herein. Any
exceptions must be noted in a Bidder's response. Notwithstanding a Bidder's apparent low
bid price or any provision to the contrary herein, any conditions or exceptions that Bidder
places upon the University's terms and conditions shall be weighed as part of the evaluation
criteria for bid award.
2.2 Communication with the University and the Bid Administrator: It is the responsibility of the
Bidder to inquire about any requirement of this RFB that is not understood. Responses to
inquiries, if they change or clarify the RFB in a substantial manner, will be forwarded by
addenda to all parties that have received a copy of the RFB. The University will not be bound
by oral responses to inquiries or written responses other than addenda.
Inquiries must be made to:
Sarah Bilodeau
Tel (207) 772-6190 x268
Fax (866) 743-4968
Email sbilodeau@competitive-energy.com
Chris Brook
Tel (207) 772-6190 x255
Fax (207) 772-6320
Email cbrook@competitive-energy.com
2.3 Submission: Signed bids must be received VIA FAX OR EMAIL no later than 4 PM April
13, 2026 in accordance with this RFB. The signed bid document must be submitted to the
Bid Administrator acknowledging the terms and conditions of the bid. Bids that do not
include a signed bidder form will not be considered. Late bids will not be considered.
Bids shall be submitted to the Bid Administrator via fax to 207-772-6320 or email to
sbilodeau@competitive-energy.com.
Bidders may submit additional information, at their discretion. Such information should be
submitted in accordance with the terms of this RFB.
Due to market volatility, the bidding process may be conducted in multiple rounds. If market
conditions are unfavorable the University may decide not to award a contract on that day, but
may invite Bidders to submit bids at a later time, such as if market conditions appear
favorable.
There will be NO public opening of the bids. All bids will be held confidential until an
award is made. After an award has been made bids will be available for public inspection.
Products and Services
Please provide fuel prices in one or more of the following two forms:
1) Spot-Market Price
The Spot-Market Price shall consist of a firm mark-up adder for transportation and delivery

of fuel to each location, this price to be in excess of an open and transparent market index
price, or price point (for example, NYH Barge Mean Index Price for ULSHO). All fees for
service shall be included in the mark-up adder, such that this price may be added to the
market Index Price to determine the delivered cost of fuel to the University.
Section 5 specifies the preferred index by fuel, however, other regional market indices or
price points will be considered. Under this approach, The University would contractually
commit to only the mark-up adder and the market Index Price would float.
Option to lock: Bidders shall agree to provide the University the option to lock fuel products
at the best then-current market rate for the remainder of the contract term on a best efforts
basis. CES or the University may periodically request, and bidder shall agree to provide, an
update on the then-current lock-in rate. This would have the effect of converting quantities of
fuel from a Spot-Market Price contract to a Fixed Price Contract.
2) Fixed Price:
The Fixed Price shall consist of a firm delivered price for fuel over the contract term,
indicative of then-current market conditions, to be paid as delivered and invoiced per the
terms of this Agreement. The indicative Fixed Price bid should be provided for a 12 month
and 24 month term starting October 1, 2026.
Bids should be based upon fuel market settlement on April 10, 2026 (the day before the bid
response is due).
NOTE: If market conditions are unfavorable the University may decide not to award a
contract on that day, but may invite the Bidders to resubmit their Fixed Price bids at a later
time, such as if market conditions appear favorable.
A signed bid must be received no later than 4:00 PM April 13, 2026. This document must
be submitted to the Bid Administrator acknowledging the terms and conditions of the bid. Bids
that do not include a signed bidder form will not be considered.
3) Biofuel Adder:
Bidders are also requested to include an adder for B10 or B20 biofuel. If you are unable to
supply biofuel, please enter N/A on the on the bid form. No supplier will be disqualified or
disadvantaged solely because they are unable to supply biofuel.
END SECTION TWO

SECTION THREE
3.0 GENERAL TERMS AND CONDITIONS:
3.1 Contract Documents: If a separate written contract is entered into by the University and the
Contractor (hereinafter "the parties,") such contract shall be referred to herein as "Contract".
In the event there are discrepancies or inconsistencies among the Contract, the signed bid
response and/or this RFB, the Contract will be the prevailing document followed by the
signed bid response and then this RFB.
If a separate written contract is not executed, the "Contract" or "Agreement" entered into by
the parties shall consist of:
- this Request for Bids;
- the signed bid submitted by the Contractor;
- the specifications including all modifications thereof; and
- a purchase order,
all of which shall be referred to collectively as the Contract Documents.
Any contract or agreement for services that will, or may, result in the expenditure by the
University of $50,000 or more must be approved in writing by the Chief Procurement Officer
and it is not approved, valid or effective until such written approval is granted.
3.2 Contract Modification and Amendment: The parties may, after mutual written agreement,
adjust the specific terms of the Contract (except for pricing) where circumstances beyond the
control of either party require modification or amendment. Any modification or amendment
proposed by the Contractor must be in writing to the University Purchasing Department. Any
modification or amendment must only be upon mutual agreement of the parties and in writing
and signed by both parties.
3.3 Contract Term: The Contract term shall be for up to two (2) years starting October 1, 2026,
with three (3) one (1) year options to renew. Fixed pricing may be for one or two years
starting October 1, 2026.
3.4 Cancellation/Termination: If the Contractor defaults in its agreement to provide fuel oil to the
University's satisfaction, or in any other way fails to provide service in accordance with the
Contract terms, the University shall promptly notify the Contractor of such default and if
adequate correction is not made within 48 hours, the University may take whatever action it
deems necessary to provide alternate services and may, at its option, immediately cancel this
Contract with written notice. Cancellation does not release the Contractor from its obligation
to provide goods or services per the terms of the contract during the notification period.
3.5 Contract Administration: Upon execution of the Contract, the University Chief Procurement
Officer, Rudy Gabrielson, or his designee or assign at the University shall be the University's
authorized representative in all matters pertaining to the administration of this Contract.
3.6 Quantities: The quantities shown on the bid form in Attachment 1 are approximate only. For
Fixed Price purchases, the quantity ordered will be set when Contract awards are made. For
Spot-Market purchases, the Contract shall cover the actual needs of the University
throughout the term of the Contract regardless of whether they are more or less than the
quantities shown.

3.7 Subsequent Fixed Price Contracts: During the Contract term the University may, at its option,
request pricing from the Contractor for additional firm Fixed Price, pay-as-delivered contracts.
If the pricing is favorable and the University accepts the offer, the terms and conditions of this
document shall apply. Generally, these contracts will have the effect of converting quantities
of fuel from the Spot Market Price to a Fixed Price contract for anticipated usage for
remainder of term.
3.8 Contract Validity: In the event one or more clauses of the Contract are declared invalid, void,
unenforceable or illegal, that shall not affect the validity of the remaining portions of the
Contract.
3.9 Clarification of Responsibilities: If the Contractor needs clarification of, or deviation from, the
terms of the Contract, it is the Contractor's responsibility to obtain written clarification or
approval from the University Chief Purchasing Officer, Rudy Gabrielson, or his designee or
assign at the University.
3.10 Litigation: This Contract and the rights and obligations of the parties hereunder shall be
governed by and construed in accordance with the laws of the State of Maine without
reference to its conflicts of laws principles. The Contractor agrees that any litigation, action
or proceeding arising out of this Contract shall be instituted in a state court located in the
State of Maine.
3.11 Indemnification: The Contractor shall indemnify, hold harmless and defend the University, its
trustees, employees and agents, from and against any and all actions, losses, expenses,
claims, lawsuits, damages, judgments, and costs, including reasonable attorney's fees,
suffered or sustained by the University or for which the University may be held or become
liable by reason of injury (including death) to persons or property or other causes whatsoever
in connection with or arising out of the negligent acts, omissions or operations of the
Contractor, or any of its subcontractors, under this Contract.
3.12 Assignment: Neither party of the Contract shall assign the Contract without the prior written
consent of the other, nor shall the Contractor assign any money due or to become due
without the prior written consent of the University.
3.13 Equal Opportunity: In the execution of the Contract, the Contractor and all subcontractors
agree, consistent with University policy, not to discriminate on the grounds of race, color,
religion, sex, sexual orientation, transgender status or gender expression, national origin or
citizenship status, age, disability or veteran's status and to provide reasonable
accommodations to qualified individuals with disabilities upon request.
3.14 Sexual Harassment: The University is committed to providing a positive environment for all
students and staff. Sexual harassment, whether intentional or not, undermines the quality of
this educational and working climate. The University thus has a legal and ethical
responsibility to ensure that all students and employees can learn and work in an
environment free of sexual harassment. Consistent with the state and federal law, this right
to freedom from sexual harassment was defined as University policy by the Board of
Trustees.
Failure to comply with this policy could result in termination of this Contract without advance
notice. Further information regarding this policy is available from the University, Office of
Equal Opportunity, (207) 581-1226.
3.15 Contractor's Liability Insurance: During the term of this Agreement, the Contractor shall
maintain the following insurance:
Insurance Type Coverage Limit

1. Commercial General Liability $1,000,000 per occurrence or more
(Written on an Occurrence-based form) (Bodily Injury and Property Damage)
2. Commercial Vehicle Liability $5,000,000 per occurrence or more
(Including Hired & Non-Owned) (Bodily Injury and Property Damage)
Coverage must be afforded to all vehicles used to fulfill this Contract.
3. Workers Compensation Required for all personnel
(In Compliance with Applicable State Law)
Coverage limit requirements may be met with a single underlying insurance policy or through
the combination of an underlying insurance policy plus an Umbrella insurance policy. The
University shall be named as an Additional Insured on the Commercial General Liability and
Vehicle Liability insurances.
Certificates of Insurance for all of the above insurance shall be filed with the University
Purchasing Department prior to the date of performance under this Agreement. Said
certificates, in addition to proof of coverage, shall contain the standard ACORD statement
pertaining to written notification in the event of cancellation, with a thirty (30) day notification
period.
As additional insured and certificate holder, the University should be included as follows:
The University of Maine System
Risk Manager
Robinson Hall
46 University Drive
Augusta ME 04330
The University reserves the right to change the insurance requirement or to approve
alternative insurances or limits, at the University's discretion.
3.16 Payments: Payment for purchases based on the Fixed Price or on the Spot-Market Price will
be made upon submittal of an invoice to the location specified on the purchase order on a net
30 basis unless discount terms are offered. Invoices must include a purchase order number
and provide type of fuel and quantity delivered, as well as the address of each delivery.
3.17 Independent Contractor: Whether the Contractor is a corporation, partnership, other legal
entity, or an individual, the Contractor is an independent contractor. If the Contractor is an
individual, the Contractor's duties will be performed with the understanding that the
Contractor is a self-employed person, has special expertise as to the services which the
Contractor is to perform and is customarily engaged in the independent performance of the
same or similar services for others. The manner in which the services are performed shall be
controlled by the Contractor; however, the nature of the services and the results to be
achieved shall be specified by the University. The Contractor is not to be deemed an
employee or agent of the University and has no authority to make any binding commitments
or obligations on behalf of the University except as expressly provided herein. The University
has prepared specific guidelines to be used for contractual arrangements with individuals (not
corporations or partnerships) who are not considered employees of the University.
END SECTION THREE

SECTION FOUR
4.0 PERFORMANCE TERMS AND CONDITIONS:
4.1 Compliance: The Contractor's performance under this Agreement shall comply with all
Federal, State, and local laws, rules, and regulations, including but not limited to those laws,
rules, and regulations stated herein or otherwise incorporated in the Contract Documents.
The Contractor shall obtain a University excavation permit through the Office of Facilities
Management for any and all excavation activities on University property. The Contractor shall
comply with applicable University policies. University policies shall include but are not limited
to parking policies, the tobacco-free campus policy, and the vehicle idling policy. University
policies may include those pertaining to environmental and workplace safety, at the discretion
of the University.
The University must comply with the "Workplace Smoking Act of 1985" and M.R.S.A. title 22,
1541 et seq "Smoking Prohibited in Public Places." In compliance with this law, the
University has prohibited smoking in all University System buildings except in designated
smoking areas. This rule must also apply to all contractors and workers in existing University
System buildings. The Contractor shall be responsible for the implementation and
enforcement of this requirement within existing buildings.
4.2 Employees: The Contractor shall employ only competent and satisfactory personnel and
shall provide a sufficient number of employees to perform the required services efficiently and
in a manner satisfactory to the University. If the Contract Administrator or designee, notifies
the Contractor in writing that any person employed on this Contract is incompetent,
disorderly, or otherwise unsatisfactory, such person shall not again be employed in the
execution of this Contract without the prior written consent of the Contract Administrator.
4.3 Condition and Care of Site and Protection of the Work: The Contractor shall continuously
maintain adequate protection of all work covered by the Contract from damage or loss and
shall protect persons and property from injury or loss arising in connection with this Contract,
and shall make good any such damage, injury or loss. The Contractor shall adequately
protect adjacent property as provided by law and the Contract Documents.
4.4 Price Information:
4.4.1 Bid prices shall assume any and all costs associated with a transfer of ownership of
fuel tanks, equipment, and any and all other infrastructure that is an asset of the
University's current fuel supply Contractor, such that the Bidder shall be able to
successfully perform its obligations hereunder.
4.4.2 The bid price shall include charges such as storage, delivery, insurance,
bonding, environmental fees, NORA fees, LUST fees, and all other costs.
Charges not specified in the bid will not be honored.
4.4.3 Taxes and Environmental Fees
The University does not have to pay the Special Fuel Tax on distillates and low-
energy fuel because the University is an agency and instrumentality of the State and
sales to the State are exempt from this tax.
The University is not subject to the motor fuel tax on gasoline sold in bulk to the
University because gasoline sold in bulk to an agency of the State is exempt from the
tax. The University would be subject to this tax for sales of gasoline not sold in bulk.

The University is not subject to the Federal Retail Excise Tax on Gasoline or Special
Fuels because it is an agency and instrumentality of the State and exclusive use by a
State is a nontaxable use.
Maine participates in the NORA program so the heating oil purchased by the
University would be subject to the $0.002 per gallon NORA fee. NOTE: the bid price
shall include the NORA fee, if applicable.
The University must pay the environmental fees associated with both the Maine
Coastal and Inland Surface Oil Clean-up Fund and the Maine Ground Water Oil
Clean-up Fund. NOTE: the bid price shall include these fees.
The University is subject to and will pay the federal Leaking Underground Storage
Tank (L.U.S.T.) Fund tax. As of January 2011 this tax was 1/10 of 1 cent. NOTE: the
bid price shall include the L.U.S.T. Fund Tax.
4.5 New Installations: Fuel deliveries to any new tanks that may be installed during the term of
this contract will become part of this contract.
4.6 Deliveries:
All deliveries must comply with Department of Transportation regulations Title
o
49 of the Code of Federal Regulations.
Deliveries will be made to the storage tanks as listed in the bid specifications, and to
o
locations as may be designated by the participants, in quantities as required during
the contract period.
Unless otherwise noted in this document deliveries shall be made by the Contractor
o
in metered residential sized straight tank trucks.
4.6.1 The Contractor shall be responsible for restarting furnaces and correcting any
problems arising from contaminated fuel. For automatic deliveries, and for will-call
deliveries for which the Contractor does not respond reasonably timely, the
Contractor shall be responsible for restarting furnaces and correcting any problems
arising from a tank running out of fuel. In the event that a University employee
performs the required work to restart a furnace, reimbursement to the University will
be at the Contractor's current per hour charge for labor plus the cost of parts.
4.6.2 On the day of delivery, delivery slips must be left at with a designated representative
to be determined upon contract execution. Each delivery shall be accompanied by a
pre-numbered and dated metered ticket showing the quantity of fuel delivered. The
building name or building number for each delivery address must appear on the
delivery ticket and invoice.
4.6.3 Deliveries will be automatic unless otherwise requested and shall be signed for by
the employee responsible for receiving fuel at each location.
4.6.4 The driver must notify a designated employee that they are on site in order to get the
appropriate tools for removing and installing fill pipe covers.
4.6.5 Deliveries to each University location shall be made between the hours of 7:00 a.m.
and 3:00 p.m. unless otherwise approved by the designated employee of that
delivery location. If deliveries are made before or after these hours without the
employee's approval and if it is necessary to call-back a staff member to assist in