F.O.B. DESTINATION (STATEWIDE CONTRACT)

F.O.B. DESTINATION FOR SHIPMENT TO:

ALL STATE AGENCIES, LOCAL GOVERNMENT AGENCIES AND AUTHORIZED
NON-PROFIT ENTERPRISES LOCATED WITHIN THE STATE OF TENNESSEE.

TERM OF CONTRACT

THE ANTICIPATED EFFECTIVE DATE AND EXPIRATION DATE OF THE CONTRACT ARE
SHOWN ON THE FRONT OF THIS SOLICITATION. IF AWARD HAS NOT BEEN MADE BY
THE ANTICIPATED EFFECTIVE DATE, THEN THE CONTRACT SHALL BECOME
EFFECTIVE UPON THE DATE THE BID IS ACCEPTED AND CONTRACT AWARDED BY
THE STATE, AS INDICATED BY THE PURCHASING AGENT'S SIGNATURE ON THE
CONTRACT NOTICE OF AWARD (NOTE: THE CHANGE OF EFFECTIVE DATE MAY NOT
RESULT IN A CHANGE OF THE ANTICIPATED EXPIRATION DATE.)

RENEWAL OPTIONS: THIS CONTRACT MAY BE RENEWED UPON SATISFACTORY
COMPLETION OF THE INITIAL CONTRACT TERM. THE STATE RESERVES THE RIGHT
TO EXECUTE UP TO 2 OPTIONS TO RENEW THIS CONTRACT ANNUALLY UNDER THE
SAME TERMS AND CONDITIONS FOR A PERIOD NOT TO EXCEED 12 MONTHS EACH BY
THE STATE. IT IS MUTUALLY UNDERSTOOD AND AGREED THAT THE STATE'S
COMMITMENT IS LIMITED TO A BASE TERM CONTRACT, NOT TO EXCEED TWELVE
(12) MONTHS, WHICH IS SUBJECT TO RENEWAL ANNUALLY AT THE STATE'S SOLE
OPTION.

IT IS UNDERSTOOD AND AGREED THAT THE STATE RESERVES THE RIGHT TO
EXTEND THE TERM CONTRACT PERIOD RESULTING FROM THIS SOLICITATION AN
ADDITIONAL PERIOD OF TIME, NOT TO EXCEED 180 DAYS BEYOND THE NORMAL
EXPIRATION DATE OF SUCH CONTRACT, UPON MUTUAL WRITTEN AGREEMENT BY
BOTH PARTIES, UNDER THE SAME TERMS AND CONDITIONS. PROVIDED, HOWEVER,
IN NO EVENT SHALL THE MAXIMUM TERM OF A CONTRACT EXCEED A TOTAL OF
SIXTY (60) MONTHS.
BIDS REQUESTED ON STANDARD STATE SPECIFICATIONS

UNIT PRICE BIDS ARE REQUESTED ON PRODUCTS OR SERVICES THAT EQUAL OR
EXCEED THE SPECIFICATIONS LISTED. THE ABSENCE OF DETAILED
SPECIFICATIONS OR THE OMISSION OF DETAIL DESCRIPTION SHALL BE
RECOGNIZED AS MEANING THAT ONLY THE BEST COMMERCIAL PRACTICES ARE TO
PREVAIL AND THAT ONLY FIRST QUALITY MATERIALS AND WORKMANSHIP ARE TO
BE USED. ALL INTERPRETATIONS OF SPECIFICATIONS SHALL BE MADE FROM
THIS STATEMENT. IT IS UNDERSTOOD THAT THE SPECIFICATIONS OR
REFERENCES TO AVAILABLE SPECIFICATIONS SHALL BE SUFFICIENT TO MAKE THE
TERMS OF SUCH SPECIFICATIONS BINDING ON THE VENDOR/CONTRACTOR.
BIDDERS MUST SUBMIT FOR BID EVALUATION APPLICABLE CUTS, SKETCHES,
DESCRIPTIVE LITERATURE, AND TECHNICAL SPECIFICATIONS COVERING THE
PRODUCT OFFERED, WHEN APPLICABLE. REFERENCE TO LITERATURE SUBMITTED
PREVIOUSLY WILL NOT SATISFY THIS REQUIREMENT.

DELIVERY TIME (DAYS)

ALL ITEMS MUST BE DELIVERED WITHIN APPROXIMATELY THREE (3) DAYS AFTER
RECEIPT OF A PURCHASE ORDER.

SPECIAL DELIVERY

ORDERS MAY BE PLACED THAT REQUIRE SPECIAL HANDLING WHICH NECESSITATES
EXTRA CHARGES. EXAMPLES OF SPECIAL DELIVERY / HANDLING WOULD BE THE
PUMPING OF FUEL IN LIEU OF GRAVITY UNLOADING. IT IS RECOMMENDED THAT
AWARDED VENDOR(S) FOLLOW-UP WITH INDIVIDUAL AGENCIES TO DETERMINE THE
NECESSARY EQUIPMENT TO SERVICE THOSE AGENCIES.

ANY SPECIAL DELIVERY / HANDLING CHARGE(S) THAT MAY BE INCURRED BY THE
VENDOR ARE TO BE INCORPORATED INTO THE BIDDERS MARK-UP COST. THE
STATE DOES NOT PROVIDE FOR SEPARATE OR ADDITIONAL BILLING.

DELIVERY TICKETS

FOR THE PURPOSE OF VERIFICATION BY THE REQUESTING AGENCY, AND AT NO
ADDITIONAL COST TO THE STATE, ALL DELIVERY VEHICLES ARE TO BE EQUIPPED
WITH A METERED PUMP OR SHALL HAVE PROPERLY CALIBRATED COMPARTMENTS
WITH THE CAPACITY CLEARLY MARKED ON EACH COMPARTMENT. IF A METERED
PUMP IS PROVIDED, A METERED DELIVERY TICKET SHALL ACCOMPANY EACH
DELIVERY. IF NOT, AND DEPENDING ON THE QUANTITY ORDERED, THE
CALIBRATED COMPARTMENTS SHOULD BE FILLED TO THE SECURED MARKERS IN
EACH COMPARTMENT FOR AGENCY VERIFICATION OF ACTUAL GALLONS RECEIVED.

NOTE: ALL DELIVERIES AND BILLING SHALL BE BY NET GALLONS.
MINIMUM ORDER (EXEMPTION)

INDIVIDUAL ORDERS FOR LESS THAN ONE HUNDRED (100) GALLONS ARE EXEMPT
FROM PURCHASE FROM THIS CONTRACT.USER AGENCIES WILL PURCHASE BY
APPLICABLE PURCHASING PROCEDURES.

FREIGHT F.O.B. STATE AGENCY (IN-HOUSE / ON-SITE)

ALL QUOTATIONS SHALL BE F.O.B. DESTINATION. THE TERM F.O.B.
DESTINATION SHALL MEANDELIVERED AND UNLOADED INTO THE STORAGE TANK OF
ANY STATE AGENCY AND, WHEN APPLICABLE, ANY LOCAL GOVERNMENT AGENCY OR
AUTHORIZED CORPORATION WITHIN THE STATE OF TENNESSEE, WITH ALL CHARGES
FOR TRANSPORTATION AND UNLOADING PREPAID BY THE VENDOR / CONTRACTOR.

STORAGE TANKS

THE SIZE, LOCATION AND OWNERSHIP OF STATE AGENCY PROPANE GAS STORAGE
TANKS ARE LISTED, BY COUNTY, ON THE "AGENCY LOCATION OF LIQUEFIED
PETROLEUM GAS TANKS" ATTACHED HERETO. SUCCESSFUL VENDORS ARE REQUESTED
TO FURNISH TANKS TO REPLACE THOSE NOW OWNED BY OTHER VENDORS, CURRENT
VENDOR OWNED TANKS ARE IDENTIFIED BY THE LETTER "V" AFTER THE TANK
CAPACITY. STATE AGENCIES THAT ARE CURRENTLY UTILIZING VENDOR OWNED
TANKS MAY, UPON REQUEST TO THE PURCHASING DIVISION, BE EXEMPT FROM
THIS CONTRACT FOR THAT PERIOD OF TIME NECESSARY TO SECURE REPLACEMENT
TANKS OR TO SECURE ADEQUATE STORAGE.
FIXED BID PRICE FOR CONTRACT PERIOD (NO PRICE INCREASE ALLOWED)

BID PRICES MUST BE FIXED FOR THE TERM OF THE CONTRACT, EXCEPT THE
STATE SHALL BE ADVISED OF AND RECEIVE THE BENEFIT OF ANY PRICE
DECREASE IN EXCESS OF FIVE (5) PERCENT AUTOMATICALLY. THE
VENDOR/CONTRACTOR MUST PROVIDE WRITTEN PRICE REDUCTION INFORMATION
WITHIN TEN (10) DAYS OF ITS EFFECTIVE DATE.

SINGLE AWARD PREFERRED

THE STATE PREFERS TO AWARD A SINGLE CONTRACT FOR ALL ITEMS LISTED TO
THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER WHOSE BID MEETS THE
REQUIREMENTS AND CRITERIA SET FORTH IN THE INVITATION TO BID.
HOWEVER, SEPARATE AWARDS MAY BE MADE BY:


GROUP (COUNTY)

EVALUATION

BIDDERS SHALL QUOTE A MARK-UP FOR EACH PRODUCT WITHIN A COUNTY OR
COUNTIES OF THEIR INTEREST. MARK-UPS QUOTED SHALL BE THE DIFFERENCE
OFFERED ABOVE (+) OR BELOW (-) THE DAILY AVERAGE PRICE, AS LISTED
IN THE "QUOTATION SHEET - GENERAL INFORMATION" ATTACHED HERETO.

BIDS SHOWING ADDITIONAL CHARGES, I.E., TRANSPORTATION, METERING
CHARGES, INSPECTION FEES, SUPERFUND, ETC. WILL NOT BE CONSIDERED
AND SHALL CONSTITUTE CAUSE FOR REJECTION OF THE BID.

MARK-UPS EXCEEDING FOUR (4) DECIMAL PLACES TO THE RIGHT OF THE DECIMAL
POINT WILL BE ROUNDED BACK TO THE FOURTH (4TH) PLACE. MARK-UPS WHICH
DO NOT INCLUDE A PLIS (+) OR MINUS (-) SIGN SHALL BE INTERPRETED AS A
PLUS (+).

PRICING

BASE PRICES FOR LIQUEFIED PETROLEUM WILL BE UPDATED BY 1:00 P.M.
DAILY. PRICES WILL BECOME EFFECTIVE AT 1:00 P.M. CST AND WILL REMAIN
IN EFFECT UNTI 12:59 P.M. CST THE FOLLOWING DAY. AGENCIES WILL BE
BILLED IN NET GALLONS AT THE AVERAGE PRICE QUOTED THAT IS IN EFFECT AT
THE TIME AND DATE OF DELIVERY.

BASE PRICES WILL BE AVAILABLE DAILY THROUGH THE PURCHASING DIVISION
BY CALLING (615) 741-4300.
PROHIBITION OF ILLEGAL IMMIGRANTS

THE REQUIREMENTS OF PUBLIC ACTS OF 2006, CHAPTER NUMBER 878, OF THE
STATE OF TENNESSEE, ADDRESSING THE USE OF ILLEGAL IMMIGRANTS IN THE
PERFORMANCE OF ANY CONTRACT TO SUPPLY GOODS OR SERVICES TO THE STATE
OF TENNESSEE, SHALL BE A MATERIAL PROVISION OF THIS CONTRACT, A BREACH
OF WHICH SHALL BE GROUNDS FOR MONETARY AND OTHER PENALTIES, UP TO AND
INCLUDING TERMINATION OF THIS CONTRACT.

THE CONTRACTOR HEREBY ATTESTS, CERTIFIES, WARRANTS, AND ASSURES THAT
THE CONTRACTOR SHALL NOT KNOWINGLY UTILIZE THE SERVICES OF AN ILLEGAL
IMMIGRANT IN THE PERFORMANCE OF THIS CONTRACT AND SHALL NOT
KNOWINGLY UTILIZE THE SERVICES OF ANY SUBCONTRACTOR WHO WILL UTILIZE
THE SERVICES OF AN ILLEGAL IMMIGRANT IN THE PERFORMANCE OF THIS
CONTRACT. THE CONTRACTOR SHALL REAFFIRM THIS ATTESTATION, IN WRITING,
BY SUBMITTING TO THE STATE A COMPLETED AND SIGNED COPY OF THE
DOCUMENT AS ATTACHMENT 1, SEMI-ANNUALLY DURING THE PERIOD OF THIS
CONTRACT. SUCH ATTESTATIONS SHALL BE MAINTAINED BY THE CONTRACTOR
AND MADE AVAILABLE TO STATE OFFICIALS UPON REQUEST.

PRIOR TO THE USE OF ANY SUBCONTRACTOR IN THE PERFORMANCE OF THIS
CONTRACT, AND SEMI ANNUALLY THEREAFTER, DURING THE PERIOD OF THIS
CONTRACT, THE CONTRACTOR SHALL OBTAIN AND RETAIN A CURRENT, WRITTEN
ATTESTATION THAT THE SUBCONTRACTOR SHALL NOT KNOWINGLY UTILIZE THE
SERVICES OF AN ILLEGAL IMMIGRANT TO PERFORM WORK RELATIVE TO THIS
CONTRACT AND SHALL NOT KNOWINGLY UTILIZE THE SERVICES OF ANY SUB-
CONTRACTOR WHO WILL UTILIZE THE SERVICES OF AN ILLEGAL IMMIGRANT TO
PERFORM WORK RELATIVE TO THIS CONTRACT. ATTESTATIONS OBTAINED FROM
SUCH SUBCONTRACTORS SHALL BE MAINTAINED BY THE CONTRACTOR AND MADE
AVAILABLE TO STATE OFFICIALS UPON REQUEST.

THE CONTRACTOR SHALL MAINTAIN RECORDS FOR ALL PERSONNEL USED IN THE
PERFORMANCE OF THIS CONTRACT. SAID RECORDS SHALL BE SUBJECT TO
REVIEW AND RANDOM INSPECTION AT ANY REASONABLE TIME UPON REASONABLE
NOTICE BY THE STATE.

THE CONTRACTOR UNDERSTANDS AND AGREES THAT FAILURE TO COMPLY WITH THIS
SECTION WILL BE SUBJECT TO THE SANCTIONS OF PUBLIC CHAPTER 878 OF 2006
FOR ACTS OR OMISSIONS OCCURRING AFTER ITS EFFECTIVE DATE. THIS LAW
REQUIRES THE COMMISSIONER OF FINANCE AND ADMINISTRATION TO PROHIBIT A
CONTRACTOR FROM CONTRACTING WITH, OR SUBMITTING AN OFFER, PROPOSAL, OR
BID TO CONTRACT WITH THE STATE OF TENNESSEE TO SUPPLY GOODS OR
SERVICES FOR A PERIOD OF ONE YEAR AFTER A CONTRACTOR IS DISCOVERED TO
HAVE KNOWINGLY USED THE SERVICES OF ILLEGAL IMMIGRANTS DURING THE
PERFORMANCE OF THIS CONTRACT.

FOR PURPOSES OF THIS CONTRACT, "ILLEGAL IMMIGRANT" SHALL BE DEFINED AS
ANY PERSON WHO IS NOT EITHER A UNITED STATES CITIZEN, A LAWFUL
PERMANENT RESIDENT, OR A PERSON WHOSE PHYSICAL PRESENCE IN THE UNITED
STATES IS AUTHORIZED OR ALLOWED BY THE DEPARTMENT OF HOMELAND SECURITY
AND WHO, UNDER FEDERAL IMMIGRATION LAWS AND/OR REGULATIONS, IS
AUTHORIZED TO BE EMPLOYED IN THE U.S. OR IS OTHERWISE AUTHORIZED TO
PROVIDE SERVICES UNDER THE CONTRACT.

BY BIDDER SIGNATURE IN BOX 23 ON THE FACE OF THIS DOCUMENT, THE
CONTRACTOR, DOES HEREBY ATTEST, CERTIFY, WARRANT, AND ASSURE THAT THE
CONTRACTOR SHALL NOT KNOWINGLY UTILIZE THE SERVICES OF AN ILLEGAL
IMMIGRANT IN THE PERFORMANCE OF THIS CONTRACT AND SHALL NOT KNOWINGLY
UTILIZE THE SERVICES OF ANY SUBCONTRACTOR WHO WILL UTILIZE THE SERVICE
OF AN ILLEGAL IMMIGRANT IN THE PERFORMANCE OF THIS CONTRACT.

SPECIFICATIONS; LIQUEFIED PETROLEUM GAS (PROPANE)

THIS SPECIFICATIONS COVERS THOSE PRODUCTS COMMONLY REFERRED TO AS
LIQUEFIED PETROLEUM GASES APPLICABLE TO PRODUCTS INTENDED FOR USE
AS DOMESTIC, COMMERCIAL, INDUSTRIAL AND ENGINE FUELS (HD5).

LIQUEFIED PETROLEUM GAS SUPPLIED TO THE VARIOUS AGENCIES OF THE STATE
OF TENNESSEE UNDER THIS CONTRACT SHALL MEET OR FAVORABLY EXCEED
REQUIREMENTS OF THE AMERICAN NATIONAL STANDARD INSTITUTE (ANSI)
AND AMERICAN SOCIETY FOR TESTING AND MATERIALS STANDARDS (ASTM)
SPECIFICATIONS D-1835-76