INTER-ISLAND FUEL SUPPLY REQUEST FOR PROPOSALS

7m ago
21 Views
0 Downloads
281.26 KB
17 Pages
Last View : 4d ago
Last Download : n/a
Upload by : Mara Blakely
Transcription

INTER-ISLAND FUEL SUPPLYREQUEST FOR PROPOSALSJUNE 30, 2021

Inter-Island Fuel Supply Request for ProposalREQUEST FOR PROPOSALSHawaiian Electric Company, Inc. (“Hawaiian Electric”), Hawai‘i Electric Light Company, Inc.(“Hawai‘i Electric Light”), and Maui Electric Company, Ltd. (“Maui Electric”) (collectivelyreferred to as the “Companies”) hereby request proposals for the supply and delivery of an annualaggregate total of up to: 800,000 barrels per year of High Sulfur Fuel Oil (“HSFO”); 2.0 millionbarrels per year of No. 2 Diesel (“Diesel”); 275,000 barrels per year of Low Sulfur Diesel (“LSD”);250,000 barrels per year of Ultra-Low Sulfur Diesel (“ULSD”) and/or Biodiesel (B99) and/orBiodiesel Fuel Blend (B20 or as otherwise proposed) for an initial term of up to three (3) years.andone (1) month. Delivery shall commence on January 1, 2023 and continue through January 31,2026. These fuel supplies are to be used for power generation at any individual or a combinationof generation sites operated by the Companies on the islands of O‘ahu, Hawai‘i, Maui, andMoloka‘i. Suppliers may bid on the basis of delivering multiple types or grades of fuel. However,due to fuel infrastructure limitations, the degree to which a plant may accommodate multiple fueltypes may be limited. Responsive proposals must be submitted to the Companies by August 13,2021.The Companies, at their discretion, may choose to award an agreement to more than one supplierresulting in multiple agreement awards to meet the HSFO, Diesel, LSD, ULSD, and/or Biodieseland/or Biodiesel Fuel Blend fuel supply requirements for the various islands. The Companiesintent to submit the awarded agreement(s) for Inter-Island Fuel to the Hawai‘i State Public UtilitiesCommission (“Commission”) during the fourth quarter of 2021 for Commission approval. Anagreement awarded and submitted to the Commission is to become effective upon the AgreementEffective Date as defined therein.PROPRIETARY RIGHTS AND CONFIDENTIALITY OF RFPThis Request for Proposals (“RFP”) has been prepared exclusively by and for the Companiesand is proprietary in nature. All recipients of this document shall consider and treat theinformation contained within as proprietary in nature. The Companies reserve all copyrights forthis document and its constituent parts and prohibits any unauthorized use or reproductionhereof. All or portions of this RFP and/or Attachments hereto may be designated or markedconfidential (“Confidential Information”). Confidential Information shall not be disclosed tothird parties without the Companies prior written consent, except that prospective Bidders maydisclose Confidential Information to their consultants, affiliates, attorneys or potentialsubcontractors who need the Confidential Information for purposes of preparing a responsiveproposal, and provided that such recipient is advised of the confidentiality of the ConfidentialInformation and is bound by agreement or otherwise to preserve the confidentiality of the same.1

Inter-Island Fuel Supply Request for ProposalRFP DOCUMENTSThis Request for Proposal (“RFP”) includes and incorporates the following attached documents(located at http://www.hawaiianelectric.com/fuels):Attachment A:Attachment B:Attachment C:Attachment D:Attachment E:Attachment F:Attachment G:Attachment H:Attachment I :Attachment J:Fuel Types, Volume and LocationHSFO Fuel SpecificationDiesel Fuel SpecificationLSD Fuel SpecificationULSD Fuel SpecificationBiodiesel Fuel SpecificationPricing and Use of Hedgeable IndexSample Agreement – Petroleum FuelsSample Agreement – Biodiesel FuelQuestionnaire (Bidder may request a waiver if Bidder is currentlyan approved Supplier of the Companies)Attachment K:Environmental PolicyAttachment L:Roundtable on Sustainable Biomaterial (RSB) Principles andCriteria (only applicable to biodiesel proposals)Questions and Answers : Questions received and Answers issued about RFPOVERVIEWThe Companies are regulated public utilities engaged in the production, transmission,distribution and sale of electricity on the islands of O‘ahu, Hawai‘i, Maui, and Moloka‘i in theState of Hawai‘i. The purpose of this RFP is to enable the Companies to evaluate potentialHSFO, Diesel, LSD, ULSD, and/or Biodiesel and/or Biodiesel Blend suppliers and ultimatelyselect and enter into agreement with one or more suppliers (“Selected Supplier(s)”) to provideHSFO, Diesel, LSD, ULSD, and/or Biodiesel and/or Biodiesel Blend at various facilities on theislands listed above. The Companies’ selection of the Selected Supplier(s) will be based on anumber of factors, including, without limitation, price, value, timeliness of supply, technicalconsiderations, terms and conditions of supply, supplier experience and demonstrated ability toperform, delivery means and methods, and product quality.The Selected Supplier(s) will be responsible for delivering the finished product of HSFO, Diesel,LSD, ULSD, and/or Biodiesel and/or Biodiesel Blend to the Companies’ receiving barge,receiving pipeline or receiving truck and receiving facilities, respectively, at any of the locationslisted in Attachment A, Locations, Volumes, and Fuel Types. Bidders may partner with a local2

Inter-Island Fuel Supply Request for Proposalon-island supplier and/or distributor and/or transporter to propose the delivery of HSFO, Diesel,LSD, ULSD, and/or Biodiesel and/or Biodiesel Blend directly to a designated Companyreceiving facility.Alternatively, bidders proposing to deliver ULSD may supply the fuel as follows: (1) ULSD forMoloka‘i may be supplied either in bulk ex-pipeline to Companies’ nominated barge at KalaeloaBarbers Point Harbor, O‘ahu, ex-supplier pipeline interconnection with the Island EnergyServices terminal piping at Honolulu Harbor or ex-supplier’s nominated barge at Kaunakakai; or(2) ULSD for O‘ahu, Maui and the island of Hawaiʻi may be delivered FOB to a third-party onisland petroleum terminalling facility truck loading rack.SPECIFICATIONS AND REQUIREMENTSTiming: The Companies desire HSFO, Diesel, LSD, ULSD, and/or Biodiesel and/or BiodieselBlend Fuel to be available for nomination as early as October 2022 and for delivery as early asJanuary 1, 2023, contingent upon receipt of Commission approval of the awarded agreement asprovided therein unless the Companies, in their sole and absolute discretion, select some otherdate. Biodiesel and/or Biodiesel Blend agreements are also contingent upon receipt of allrequired environmental permits and governmental approvals. Bidders shall provide theCompanies with a proposed monthly delivery schedule and shall specify the amount of timeBidders would need to begin delivery of HSFO, Diesel, LSD, ULSD and/or Biodiesel and/orBiodiesel Blend once the Companies give Selected Supplier(s) the order to proceed.Specifications: The specifications for HSFO, Diesel, LSD, ULSD, and Biodiesel are set forth inAttachments B through F, respectively. Bidders may propose an alternative specification ofHSFO, Diesel, LSD, ULSD and/or Biodiesel and/or Biodiesel Blend. In addition to conformingits bid to the specifications set forth in Attachments B through F, if a bidder chooses to proposean alternative specification, it must clearly identify its alternative specifications as such.Bidders seeking to propose Biodiesel Fuel Blends, such as B20, must submit the specificationsfor the proposed blend with the bid. Biodiesel Fuel Blends must comply with currentEnvironmental Protection Agency (“EPA”) rules for Reciprocating Internal Combustion EnginesNational Emissions Standard for Hazardous Air Pollutants (“RICE NESHAP”), including therequirement that the sulfur content be less than 15 ppm.Quantity: HSFO: Up to a maximum total annual aggregate volume of 800,000 barrels per year. Diesel: Up to a maximum total annual aggregate volume of 2.0 million barrels per year. LSD: Up to a maximum total annual aggregate volume of 275,000 barrels per year.3

Inter-Island Fuel Supply Request for Proposal ULSD and/or Biodiesel and/or Biodiesel Blend: Up to a maximum total annual aggregatevolume of 250,000 barrels per year.Table 1: Total estimated annual volume by island and fuel type (in barrels)Maui ElectricMaui ElectricO‘ahuHawai‘i 050,00050,000 @450,000 *750,000075,000 ***75,000350,000 iian ElectricIsland:HSFODieselLSDULSDBiodiesel (in lieuof ULSDvolumes)*Hawaiʻi Electric Light HSFO annual volume is anticipated to reduce as some Fuel Oil burningunits are retired and some converted to ULSD burning units starting at the end of 2024.** Maui Electric HSFO annual volume is anticipated to decrease in 2023 with the planned retirementof all Maui Electric HSFO burning units by 2023 year end. At this time, no Maui Electric HSFOunits are expected to convert to ULSD.** Hawaiʻi Electric Light ULSD annual volume may increase beyond listed volume should any ofthe HSFO units be converted to burn ULSD fuel starting at the end of [email protected] Hawaiian Electric Biodiesel volume represents Biodiesel for SGS.Agreement Term: to begin upon the Agreement Effective Date through January 31, 2026, andcontinuing thereafter for Extensions, each such Extension being a period of twelve (12) months,beginning each successive February 1, unless The Companies or Selected Supplier(s) giveswritten notice of termination at least 120 days before the beginning of any Extension.Point of Delivery: Attachment A – “Locations, Volume and Fuel Types”, lists the fuel type andvolume needs for each Company/island.Bidders seeking to supply ULSD may propose to deliver ULSD via tanker truck, ISO container(intermodal container) or other suitable transport container directly to those sites designated inAttachment A. Alternatively, bidders seeking to supply ULSD may propose to deliver ULSD toa designated terminal truck rack on the Islands of O‘ahu, Hawai‘i and Maui for pickup by the4

Inter-Island Fuel Supply Request for ProposalCompanies’ nominated tanker truck. Bidders proposing to supply ULSD for the Island ofMoloka‘i may propose to deliver ULSD either FOB O‘ahu harbor, or FOB the harbor at Moloka‘i.Bidders seeking to supply Biodiesel and/or Biodiesel Blends must propose to deliver the fuel FOBthe Companies’ facility receiving tanks since the Companies do not have a distribution networkfor biodiesel. Please note that deliveries to substation sites on the Island of Hawai‘i and to Hanaon the Island of Maui will require bidders to propose delivery by way of tanker trucks that areequipped with a pump and hose to offload the product. Due to access restrictions at certain sites(e.g. the substation sites on the Island of Hawai‘i), the size/dimensions of the delivery equipmentmay be limited to the equivalent of a petroleum jobber delivery truck. Bidders proposing deliveryof fuel to such locations should describe the intended delivery equipment in their bid, and includeparticulars like the dimensions of delivery vehicles, length of hoses and sizes of cam lock, andpump capabilities.COMMERCIAL TERMS AND CONDITIONSPricing: Bidders must propose a price per barrel in U.S. dollars for each fuel type offered withrelevant components of any variable total price clearly delineated. Failure to clearly explain theproposed pricing methodology may prevent the Companies from quickly comparing price amongbids and therefore may result in rejection of the proposal. Bidders may also propose one or moreadditional pricing methods provided that any pricing method shall produce a price per barreldelivered, shall be explained in detail, shall be primarily based on a Hedgeable Index (as definedbelow), and shall identify and define each and every pricing component; provided, however, thatpricing for Biodiesel and Biodiesel Fuel Blends need not be based on a Hedgeable Index. Subjectto the paragraph immediately below (Hedgeable Index), the Companies will consider and evaluateflexible pricing structures, although all pricing structures are subject to approval by theCommission. The Companies will place additional value on pricing that is fixed or limits pricingvolatility over the term of the agreement. Bidders must provide to Hawaiian Electric the pricesthat the pricing method would have yielded over the twelve (12) months immediately precedingthe Proposal Due Date, including all applicable taxesHedgeable Index: In order to facilitate the Companies’ ability to hedge their fuel supply,all bid prices (other than bid prices for Biodiesel and Biodiesel Fuel Blends) must utilizea formula that is primarily based on a Hedgeable Index. A “Hedgeable Index” shall mean(i) any one of the price reference indices specified in Attachment G for HSFO, DieselLSD or ULSD (as applicable), or (ii) any other third-party reference index that (1)publishes price settlements or assessments, and trading volumes for the referenced crudeoil or petroleum product (as applicable) on a daily basis, (2) is a widely recognizedbenchmark in the oil industry, and is generally and publicly available, (3) has SufficientLiquidity (as defined in Attachment G), and (4) publishes price settlements or5

Inter-Island Fuel Supply Request for Proposalassessments for at least twenty-four (24) months into the future for the referenced crudeoil or petroleum product (as applicable).The Agreement (as defined below) will specify the following contingency in the event that theapplicable Hedgeable Index should cease to exist or publish, become generally unavailable, ormaterially change during the term of the Agreement. In the event the Hedgeable Index shouldcease to exist or publish, become generally unavailable, or materially change during the term ofthe Agreement, the Companies and the supplier shall agree upon an alternate index and pricereporting service publication or market price assessment and any modification of the per barrelpremiums and/or other pricing elements thereunder as may be reasonable under the circumstances.Agreement: The Companies and the Selected Supplier(s) will negotiate to execute an HSFO,Diesel, LSD, ULSD and/or Biodiesel and/or Biodiesel Blend Fuel supply agreement(s) (the“Agreement”). The Selected Supplier’s pricing will be incorporated into the appropriateAgreement. Sample Agreements for petroleum fuels (HSFO, Diesel, LSD, and ULSD) andBiodiesel/Biodiesel Blend fuel are attached hereto as Attachments H and I, respectively .Bidders may propose specific revisions to the terms of the Sample Agreement, and include suchproposed revisions with the Proposal. However, the type, nature and extensiveness of exceptionstaken to the terms of the Sample Agreement will be weighed in the selection process.Feedstock/Environmental Sustainability: Bidders seeking to supply Biodiesel and/or BiodieselFuel Blends should propose to supply fuel that complies with the Environmental Policy ForHawaiian Electric Company’s Procurement Of Biofuel From Sustainably Produced Feedstock,prepared by Hawaiian Electric and the Natural Resources Defense Council (“NRDC”), revisedAugust 2013, Attachment K, and the Roundtable on Sustainable Biofuels (“RSB”) Principles andCriteria, Attachment L. Bidders’ Biodiesel and/or Biodiesel Fuel Blend proposals should explainspecifically how the Bidder will comply with these policies. Bidders may propose anysustainable source of feedstock (such as soy, camelina, inedible corn oil, etc.), provided that theBidder shall demonstrate feedstock cultivation practices that meet sustainable environmentalstandards endorsed by an independent governing body and provided that the potential suppliershall maintain a clear, documented and verifiable chain of custody for all feedstocks. Wastefeedstock such as animal fat and cooking grease are acceptable.Commission Approval: If the Companies and the Selected Supplier(s) reach agreement on theterms and conditions of a Agreement, then the Agreement will be submitted to the Commissionfor approval. Commission approval will be a condition to the full effectiveness of theAgreement. If the Commission denies the Companies’ request to approve the Agreement orapproves the Agreement on conditions deemed by the Companies to be unacceptable, asdetermined in the Companies’ sole and absolute discretion, the Companies will have the optionto immediately terminate the Agreement without liability.6

Inter-Island Fuel Supply Request for ProposalPerformance Bond or Letter Of Credit: The Companies may require the Selected Supplier(s) toprovide security for its performance under the Agreement via an acceptable performance bond,irrevocable standby or other letter of credit. The purpose of the bond or letter of credit would beto protect the Companies from any financial loss in the event that the Selected Supplier cannotperform and the Companies are required to obtain the HSFO, Diesel, LSD, ULSD, and/orBiodiesel and/or Biodiesel Blend Fuel from another supplier at increased cost to the Companies,and to offset costs associated with the requirement to source from other suppliers.Confidentiality: Until such time that a Agreement is finalized, the Companies will considersupply quantities and pricing information in Proposals to be confidential. The Companies shallnot be required to treat any other information as confidential. Accordingly, if Bidder deemspricing or quantity information to be confidential, then Bidder should submit such informationon separate pages in the Proposal marked confidential. Any other confidentiality designation byBidder in its Proposal shall be void. The Companies may file Proposals with the Commissionand may request to protect the quantity and pricing information from public disclosure. TheCommission, however, may not consider such information to be subject to protection and theCompanies assume no liability for any resulting disclosure.INSTRUCTIONS FOR SUBMISSION OF PROPOSALSPROPOSAL REQUIREMENTS, TERMS AND CONDITIONS1.Definition of Terms and Abbreviations1.1. “Bidder” refers to a Party/Supplier or Parties that wish to participate in the HSFO,Diesel, LSD, ULSD, and/or Biodiesel and/or Biodiesel Blend Fuel RFP.1.2. “Proposal Due Date” refers to the date by which a Bidder’s Proposal(s) must bedelivered to the Companies to be considered for this RFP, which date is identifiedbelow.1.3. “Proposal(s)” refer generically to a Bidder’s Final Bid Submission as appropriate.2.Proposals2.1. Proposals may only be submitted by potential HSFO, Diesel, LSD, ULSD, and/orBiodiesel and/or Biodiesel Blend Fuel Bidders. Intermediaries are not permitted tomake submissions. Bidders may submit separate Proposals for the differentlocations/islands listed in Attachment A. Modification of a Proposal(s) is addressedbelow.7

Inter-Island Fuel Supply Request for Proposala. Bidders may consist of joint ventures, partnerships or any other multi-partybidder relationship.2.2. The Proposal(s) must be complete; mandatory information identified in section 3,below, must be provided in full.2.3. The Proposal(s) must be signed and dated by a corporate officer having authority tocontractually obligate the Bidder by the terms of the Proposal(s).The Proposal(s) must be submitted electronically on or before the Proposal DueDate to the following email [email protected] The Proposal(s) is due on or before 4:30 p.m., Hawai‘i Standard Time, on August13, 2021, which date and time constitutes the Proposal Due Date. The Companiesreserves the right to cancel or postpone the Proposal Due Date at any time before,on or after the Proposal Due Date.2.5. Proposals that are electronically delivered after the Proposal Due Date, or otherwisenot in conformity with the requirements of this RFP, may be rejected at theCompanies’ sole discretion and without notice.2.6. The Bidder bears sole responsibility for assuring that the Proposal(s) submitted iscomplete, correctly formatted, legible, and timely delivered and transmitted. TheCompanies shall be entitled to rely on the correctness and accuracy of theProposal(s) contents.2.7. Each Bidder is responsible for proposing all terms, conditions, agreements, servicesand everything else that will be required for its successful performance and deliveryof HSFO, Diesel, LSD, ULSD, and/or Biodiesel and/or Biodiesel Blend Fuel supplyrequested herein, including products, terms and services that may not have beenspecifically identified or requested herein. If a Bidder’s Proposal(s) is accepted andthat Bidder failed to propose any such product, term or service, that Bidder will beresponsible for providing such product, term or service at no cost to the Companies.2.8. This RFP, the Bidder’s Proposal(s) and all other material representations made bythat Bidder may be written or incorporated into the Agreement between that Bidderand the Companies. Thus, by submitting a Proposal(s), Bidders understand andacknowledge that the Companies will rely on the Proposal(s) and otherrepresentations made by Bidder in the Companies’ selection of the Selected8

Inter-Island Fuel Supply Request for ProposalSupplier and in entering into the Agreement, and each Bidder warrants that thestatements made in its Proposal(s) and its representations to the Companies in connectionwith this RFP are truthful and accurate.2.9. The Proposal(s) constitutes an irrevocable offer to the Companies if not properlymodified or withdrawn prior to the Proposal Due Date, which shall remain open andwhich cannot be withdrawn or modified by the potential supplier for a period of onehundred eighty (180) days following the Proposal Due Date.2.10. Based on its evaluation of the Proposals and answers to questions asked inAttachment J (Questionnaire) if applicable, the Companies may require some or allBidders to answer additional questions and/or submit additional information. Afterthe Proposal Due Date, the Companies may request additional information fromBidders and/or negotiate with one or more bidders, as the Companies determines inits sole discretion.3.Required Information3.1. The Proposal(s) must state the fuel Volume, Site Location, Fuel Type, PricingFormula, and Delivery Method. If submitting separate Proposals for different FuelTypes or grades and/or for different delivery locations listed in Attachment A, eachProposal must clearly state the above information so that the Companies can easilydifferentiate between the Proposals. Where relevant, the Proposal(s) must includedescriptions of the proposed delivery equipment.3.2. The Proposal(s) shall contain an attachment with complete and accurate responsesto the questions set forth in Attachment J (Questionnaire). Only Bidders who arecurrently an approved Supplier of the Companies may request a waiver fromsubmitting the Questionnaire. The Companies will have sole discretion to grant thewaiver or not.3.3. The Proposal(s) shall affirmatively state that the agreement terms contained inAttachment H and/or Attachment I are acceptable to the Bidder, or, the Bidder shallidentify specifically in its Proposal(s) which such terms and conditions areunacceptable and shall propose substitute language that is acceptable to the Bidder.Terms and conditions with respect to which a Bidder does not identify exceptionsshall be deemed acceptable to the Bidder.3.4. The Proposal(s) must identify the legal name of the Bidder and identify the specificbusiness entity that will perform the Agreement, if other than Bidder.3.5. The Proposal(s) must include full pricing information with respect to all options.9

Inter-Island Fuel Supply Request for Proposal3.6. The Companies may later require a Bidder to submit HSFO, Diesel, LSD, ULSD,and/or Biodiesel and/or Biodiesel Blend Fuel samples to labs specified by theCompanies for testing at the Bidder’s expense.4.Preparation of Proposals4.1. Each Bidder shall have sole responsibility for careful review of the entire RFP andfor thoroughly investigating all matters pertinent to this RFP, its Proposal(s) and itsanticipated performance under the Agreement. Any failure by a Bidder to do soshall be at its sole risk.4.2. The Bidder shall not rely upon any oral statements made or any written informationfrom the Companies or its employees or agents, nor upon any other informationprovided by or originating from any of the foregoing, except as explicitly set forthin this RFP.4.3. Each Bidder shall be solely responsible for and shall bear all of its costs incurred inthe preparation of its Proposal(s) and/or its participation in this RFP, including, butnot limited to, all costs incurred with respect to the review of the RFP documents,site visits, third party consultant consultation, and investigation and informing itselfwith respect to matters pertaining to its Proposal(s) and this RFP, and the same shallnot be reimbursed by the Companies to any Bidder, including the Selected Supplier.5.Modification of Proposals5.1. A Proposal(s) may be modified at any time prior to the Proposal Due Date.5.2. In order to modify its Proposal(s), the Bidder must submit a Revised Proposal(s),clearly identified as such, which expressly supersedes and replaces Bidder’s earlierProposal(s); the Revised Proposal(s) must identify the date of the earlier Proposal(s)which it is superseding and replacing.5.3. Revised Proposals are subject to all requirements of this RFP, shall not incorporateor rely upon the Proposal(s) that it is superseding and replacing and must bedelivered to or received by the Companies on or before the Proposal Due Date.5.4. A Proposal(s) may not be modified or revised after the Proposal Due Date.5.5. Proposals that have been modified by a Revised Proposal letter or have beenotherwise superseded or amended will not be considered by the Companies and10

Inter-Island Fuel Supply Request for Proposalmay be discarded by the Companies.6.Withdrawal of Proposals6.1. A Bidder may withdraw its Proposal(s) at any time prior to the Proposal Due Date.6.2. A Proposal(s) will be deemed withdrawn upon receipt by the Companies of aWithdrawal of Proposal notice at the office identified in subsection 2.4, above, onor before the Proposal Due Date.6.3. Proposals that have been withdrawn pursuant to this section will not be consideredby the Companies and may be discarded by the Companies.6.4. Proposals may not be withdrawn after the Proposal Due Date for any reason,including, but not limited to, mistakes.7.Correction of Errors in Proposals7.1. A Bidder may correct errors in its Proposal(s) prior to the Proposal Due Date bymodification or withdrawal of a Proposal Letter pursuant to the requirements formodifications or withdrawals stated above.7.2. After the Proposal Due Date, only the Companies are authorized to correct errors inthe Proposals.7.3. Minor errors in a Proposal(s) detected by the Companies after the Proposal DueDate may be deemed waived, or, at the Companies’ sole and absolute discretion, theBidder may be allowed to correct such error.7.4. Errors in Proposals detected by the Companies after the Proposal Due Date, whenthe error is patent and the correct information is clearly evident, may be correctedby the Companies. Examples of such errors may include typographical errors,errors in extending unit prices, arithmetical errors and transposition errors.8.Opening of Proposals8.1. Proposals will be opened on or after the Proposal Due Date as the Companies, in itssole judgment and discretion, deems appropriate.8.2. Proposals will be opened by the Companies personnel only, in private, and theBidders shall not be present.11

Inter-Island Fuel Supply Request for Proposal9.Exceptions9.1. Any and all exceptions by Bidder to the Specifications and Requirements of thisRFP shall be clearly stated in Bidder’s Proposal(s). Each exception shall beseparately stated, shall identify the relevant specification or requirement, shallidentify the reason(s) for taking the exception, and shall propose a clearly statedalternative. No other exceptions shall be allowed.9.2. The Companies shall have the right in its sole judgment and discretion to reject anyProposal(s) or evaluate it unfavorably based on exceptions taken.10.Evaluation of Proposals10.1. Proposals will be considered in conjunction with information submitted by otherBidders as well as any additional information as the Companies, in its solediscretion, deems appropriate.10.2. The evaluation of Proposals will be based upon criteria that the Companies, in itssole judgment and discretion, believe to be in the best interest of the Companies andits customers. Bidders shall not be entitled to disclosure of the Companies’evaluation criteria or information pertaining to the Companies’ actual evaluationand analysis of Proposals. The Companies will, however, consider certain criteriaduring its evaluation, including the following:a.Completeness of Proposalb.Reasonableness and stability of pricing over the life of the Agreementc.Security and ratability of HSFO, Diesel, LSD, ULSD, and/or Biodieseland/or Biodiesel Blend Fuel supply10.3. The Companies shall have the right to reject any Proposal, which the Companies,in its sole judgment and discretion, believe to be unsatisfactory, indefinite,equivocal or unresponsive. The Companies also reserves the unconditional right atany time to withdraw, modify or amend this RFP, and to elect not to award theAgreement at all.10.4. Subsequent to the opening of Proposals, but prior to award of the Agreement, theCompanies shall have the right to contact any Bidder to request additionalinformation or to clarify a Bidder’s Proposal(s). The Companies may do so withoutnotice or disclosure to any other Bidder of such inquiry or of the informationderived from such inquiry.12

Inter-Island Fuel Supply Request for Proposal11.Award11.1. The Companies shall have the right to award the Agreement to the Bidder that, inthe Companies’ sole and absolute judgment and discretion, has provided aProposal(s) that is in the best interests and affords the greatest value to theCompanies and its customers.11.2. The Companies shall have the ri

Jun 30, 2021 · resulting in multiple agreement awards to meet the HSFO, Diesel, LSD, ULSD, and/or Biodiesel and/or Biodiesel Fuel Blend fuel supply requirements for the various islands. The Companies intent to submit the awarded agreement(s) for Inter-Island