The District requires the responding Bidders to supply fuel meeting or exceeding the most current ASTM specifications. All fuel furnished by the selected Bidder(s) shall be high-grade and meet or exceed the specifications contained herein, as applicable. In the event the Fuel does not conform to the minimum specifications or is otherwise defective, the District shall have the option to terminate the Contract for Breach of Contract. It is the District’s understanding that as new inventory is delivered to the harbor tanks, the Vendors receive updated specification sheets. All Participating Agencies must receive a copy of these specification sheets within forty-eight (48) hours of new inventory delivery, if requested. Although the fuel specifications specify clear fuel, the District will accept nontaxable (dyed) and taxable (clear) fuel for use in their vehicles, understanding that it is the supplying Vendor’s responsibility to take care of all applicable taxes on the clear diesel. When taxable (clear) fuel is delivered applicable taxes will not be charged to or paid by any tax-exempt Agency. The District may take and submit samples to a testing laboratory. In the event that the results of such testing indicate that the material or product tested does not meet minimum specifications contained in this Bid package, or is otherwise defective, the District shall have the option to terminate the Contract for Breach of Contract or require the Contractor to continue the test program at the Contractor’s expense. If the selected Bidder(s) fails to correct any fuel problems that do not meet with the minimum specifications after reasonable notice, the Agency may obtain such commodities or any part thereof from other sources in the open market or on contract or from the next lowest Bidder. The replacement expenses (including any and all damage to buses or other property) shall be the responsibility of the selected Bidder(s). During the course of the resulting contract, it is the responsibility of the successful Bidder to submit additional documented information, within ten (10) business days, upon reasonable request from the District, for example: product samples, testing of product, calibration of trucks, usage reports, metered delivery of fuel, etc.
