Vermont Legislative Joint Fiscal Office One Baldwin Street Montpelier, VT 05633-5701 (802) 828-2295 Fax: (802) 828-2483 ISSUE BRIEF Date: July 1, 2015 Prepared by: Aidan Davis Preliminary Review of Bulk Fuel Purchasing The State Contract The Department of Buildings and General Services administer the state contract for bulk fuel. BGS works directly with vendors to offer 1 to 2 year contracts for statewide fuel commodities–offering fuel to state agencies and departments, municipalities, political subdivisions, nonprofits, state colleges, universities, etc. BGS does not have a “master” list of entities using the state purchasing contract. The state contract pricing structure is developed by a set process, calculated based upon weekly rack prices and the contractor’s mark-up.1 Prices vary based upon weekly rack pricing rates and determinations based upon location and size of delivery. For example, using state contract data, pricing for #2 fuel oil in Montpelier varied in the following manner in the last three weeks of May:2 #2 Fuel Oil, Montpelier week of 5/31/15 week of 5/24/15 week of 5/17/15 Motor Transport $2.0334 $2.1309 $2.1894 Tank Wagon $2.1521 $2.2496 $2.3081 The state’s standard RFP format for soliciting bids for fuel requirements incorporates both index-based and fixed-pricing, however, vendors have rarely submitted the fixed-priced option; product volatility continually being cited for their reluctance to submit bids in that area. To date, the index-based pricing, coupled with both incremental (small Tank Wagon) and volume delivery (large Motor Transport), has been the strategy BGS feels best leverages and supports the state’s interests. The pricing proposals received by BGS show the impact these two delivery platforms have on pricing (Vendor markup component). The Montpelier table information (shown above) reflects this volume differential. Usage by State Entities In an exploration of how well-known or how well-used the state contract is for bulk fuel and gas purchasing, the Joint Fiscal Office spoke with and reviewed information from a range of state and non-state entities, including: Vermont municipalities and the Vermont League of Cities and Towns (see Appendix A); Vermont school districts and the Vermont Superintendents Association (see Appendix B); and UVM and the Vermont State Colleges (see Appendix C). Of those, only UVM and two municipalities confirmed that they use the state contract. As a result, we learned that the state contact for bulk fuel and gas purchasing is in many cases wellknown, with the exception of the municipal community, but not necessarily well-utilized. Cost Comparison Our review of a limited sample of data received from these entities offers no clear indication that the state contract prices offer savings or that they are prohibitively high. Rough cost estimates for prices under the state contract come in at a range both above and below that of independent purchases, depending on the specific fuel 1 http://bgs.vermont.gov/purchasing/fuel/pricecalc http://bgs.vermont.gov/purchasing/fuel See “Weekly Rack Pricing” and “Contractor Markup” under “Current Contract Information 2014-2015 – Effective September 1, 2014” 2 VT LEG #310205 v.1 and timing. The variable nature of the state contract is dependent on market conditions. However, different entities have different needs; some of the entities we have contacted prefer a more stable, fixed-price approach. Yet, fixed-priced purchasing has risks when volatility is high. Many entities shared reasons for choosing not to use the state contract for fuel purchases. Reasons cited include: A preference to issue system-wide RFPs and make purchase decisions based upon the quotes received. The ability to secure good prices locally. There’s a preference to use local vendors and “buy local”. Outside providers, including the Competitive Energy Services of Maine3 or other local options, have offered prices that beat what the state contract is able to offer. In other instances entities have found the state price for their locale to be less than ideal. State contract prices are variable. The school districts and municipalities reported that a fixed price, as opposed to the risk of the state’s variable pricing, is important for budgeting purposes. The state contract does not cover all fuel types (such as wood chips, for example). A number of municipalities are unaware of the state contract as a purchasing option. Purchasing Approaches of Nearby States In reviewing the purchasing experience in nearby states, the JFO found that while Connecticut, Maine, Massachusetts, New Hampshire, and New York all have bid-based state contracts for bulk fuel purchases, their processes differ. Connecticut has rolled all of its contracts for heating oil, gasoline, and diesel into one contract that operates on a daily variable rate with the option to switch to fixed-price if they so choose. The state’s contracts are required to be used by executive branch agencies, and are available to and used by state universities, colleges, judicial and legislative branches, and towns and municipalities. Maine engages solely in fixed-price contracts focused on the purchasing of gasoline and diesel. The state’s fuel contracts are only available to state agencies and are used solely by those that have holding tanks on their properties. Massachusetts purchases a larger range of fuels and offers both fixed-price and mark-up options. The state’s contracts are available to state agencies, as required by law, and are now being used by an increasing number of cities and towns. New Hampshire, like Massachusetts, purchases a larger range of fuels and offers both fixed-price and indexed-priced options. The state’s contracts are available to all state agencies, as required by law, and are also available to municipalities, political subdivisions, state colleges and universities. New York has regional contracts based on the market and commodity price indexes for a range of fuel. The state’s contracts are required to be used by executive branch agencies, and are available to and used by state universities, colleges, local governments, school districts, and nonprofits. New York is currently considering a triggering program for fuel contracts as a means of price protection. This system would allow them to hedge or “lock in” a price for fuels or smooth out their exposure to changing prices. As a result of this system, they could avoid potential price volatility in favor of price stability. Every few years BGS reviews the fuel buying practices of other states. This year, they have not closed the book on fixed-pricing, and are in conversations with Maine about their bidding practices to determine if or how pricing routines and structures should be considered. Although Maine has yet not determined their course of action for the year, BGS has asked for a copy of the state’s RFP so that they may take a longer and more indepth look at how Maine conducts their bidding process for fuels. 3 The Competitive Energy Services of Maine, LLC, also known as “CES”, provides strategic energy consulting services to commercial, industrial, governmental and institutional customers. CES shared information on their 21 Vermont clients, but asked that we not redistribute the information. The list includes municipalities, school districts, and supervisory unions. VT LEG #310205 v.1 A number of differences, including dissimilar population densities and bulk fuel needs, should be taken into consideration when making comparisons between Vermont and these neighboring states. The cost of alternative purchasing options would be dependent on individual contract agreements. Policy Recommendations Increase visibility of state purchasing contracts and educate entities on their available options. Many municipalities seem to be interested in the possibility of contracting with the state, but were unaware that the option was available to them. Continue to explore the cost and feasibility of an alternative or additional fixed-priced contract option, as found in Massachusetts and New Hampshire. While it has its limitations, a fixed-priced contract is the desired option for a number of entities, including school districts. VT LEG #310205 v.1 APPENDIX A The Vermont League of Cities and Towns reached out to municipalities to ask if they have used the state contract to purchase bulk fuel, and if not the reason(s) why. That inquiry resulted in the following 47 responses. Of those, only two municipalities – Hartland and Weybridge – reported to use the state contract. Roughly 40 percent of the respondents said that they were unaware of the option to use the state contract. Municipality Baltimore Barnard Bennington Bethel Braintree Brattleboro Brighton Bristol Cabot Calais Dover East Haven Fair Haven Fairlee Fayston Georgia Guilford Hardwick Hartland Johnson Kirby Ludlow Montpelier Response No. We did not know about it. We will look into it now. No. Were not aware of option. Will take a look. We get a good price locally. No. We have very good contracts with local vendors. No. Try to get good price locally. No. We did not know about it. We will look into it now. Brattleboro has traditionally issued a RFQ with the WSESU for a fixed price quote for a defined volume of prepaid #2 fuel oil. The State contracts are based on variable pricing on a weekly basis which adds an additional element of risk which the Town seeks to avoid. No. No real reason. We have looked into using state contracts but there are logistical problems. Who would deliver to Island Pond? No. We put out to local vendors. Did not know about state contracts. I contacted them about the fuel and also water for the water cooler and k-cups. No. No. We did not know about the state contract. Our usual contractor is on the list but there is no price on his contract. We will definitely follow up. No. We did not know about it. We will look into it now. No. We go out to bid. Last year’s one-time “dump” for the municipal building (10,000 gallon tank) was $3.02/gallon (#2 fuel oil). Monthly fills at the highway garage was $3.20/gal. No. We did not know about it. We will look into it now. No. The Town of Fayston has not used the state contract in over 20 years We've had pretty good success negotiating with our local providers (Gillespie and Bourne). So, I guess, the reason is we haven't been persuaded to change vendors/supply chain. This is NOT to say that we won't consider another shot at it w/ the state. No. Our provider is not on it. No. We will look into it now. No. Did not know about the state contract. Will include them in the bid this year. Yes, we have used the state contract for years now. No. Did not use the state bid. We went out for bid on our own. No. We did not know about it. We will look into it now. I have used the State in the past but the last couple of years it has been advantageous to fix #2 and propane. I have also been able to negotiate a slightly better “adder” on the USD. At the DPW garage, where our fuel service area is located and where we can accommodate tractor trailer tanker deliveries, we use the state contract for comparison shopping. For the last couple of years, SB Collins has beaten the state contract prices including this year Highlands holding the state contract for unleaded fuel. Also @ the DPW garage, we purchase #2 fuel oil from the state contract due to the better deals with a tractor trailer bulk delivery. Regarding the rest of the municipal facilities including both treatment plants and fuel for the City Hall boilers that run the city’s “mini” district heat plant, we utilize the services of Competitive Energy Solutions (CES) to monitor the market for us and to secure lock-in pricing of #2 fuel oil & propane. Before we renewed our contract with CES, we compared with the state contract and found it to be a better service in terms of pricing & reliability. All of these municipal sites can only take delivery via the pony trucks so this is a VT LEG #310205 v.1 Moretown Mount Holly Peacham Pittsford Readsboro Richmond Roxbury Rutland Town Ryegate Sheffield St. George Sharon Springfield Stowe Sunderland Swanton Village Vernon Waterbury West Fairlee Weston Weybridge Whitingham Williston Wilmington factor as well. No. We have a good agreement with our supplier with an “adder per gallon”, added to their actual cost. We do use the state contract for salt, tires, equipment but often the state pays more than what we can get otherwise. We have not looked into it but we like to have a local person to call for service, and that is easier when the fuel is purchased from the same provider. We did not realize we could use the state contract for heating fuel or anything other than salt. No. Were not aware that there was a state contract. No. We are on Massachusetts border and if vendor is up north, transportation costs make it too expensive. Sometimes a town’s tank is too small to take a whole load and then contractor makes multiple trips and so the price goes way up. Also, if you buy say “Acme soap”, you need the Acme soap dispenser and the contract is good for only one year, so next year you need John’s soap dispenser. Same thing with fuel. No. have not for many years. We “buy local”. Patterson Fuels for heating oil and diesel and now propane. Most town facilities are now on natural gas. Roxbury does not use the state contract for heating fuel. Our supplier has always given us a good rate and lately we have been pre-buying so the rate is even better. We like to keep our business local. No. We never heard of this program but would love to hear more. We think we are getting a good deal. No. We did not know about it. We will look into it now. No. We did not know about it. We will look into it now. No. We did not know about it. We will look into it now. No. We did not know about it. We will look into it now. We joint purchase with school for 175,000 gallons per season, which gives us good purchasing power. No. We used it for vehicles but never thought of it for fuel oil. Sometimes it is too difficult because specs don’t line up and it is not the best price. We entered into a pre-purchase agreement for propane to ensure we could get the lowest rate possible and lock it in. No local vendors are on the list. No. We didn’t know we could. We will use the list for comparison purposes, often find that the state bid on items is higher than you could get going directly to the same vendor. No. We generally don’t think of looking to the state when buying commodities. No. Local vendor underbids anything we ever investigate. $1.75/gallon for propane last year! Not as far as we know in the recent past. Yes. We do use the state contract. No. We did not know about it. We will look into it now. No. All buildings are connected to gas line and use natural gas for heating. Wilmington does not use the State contracts for bulk purchases. We purchase our heating fuel, and diesel (summer and winter blends) locally at Guy Nido, Inc. They search daily for the best price and when they feel they have a good price for the upcoming season they notify the local towns and we commit (or not) to the price, which they lock in that day. It’s quick and responsive to the fuel market and has provided us with great prices over the past few years. (We just locked in for the upcoming season last week at a price almost $1 lower than last year.) VT LEG #310205 v.1 APPENDIX B According to the Vermont Superintendents Association, each school district takes an individual approach to their fuel purchases. This issue was discussed at the Facility Maintenance Association meeting on Friday, May 29th. Of the school districts in attendance, none claim to use the state contract. Reasons included: 1. The state contract doesn't have a fixed price; they need a fixed price for budgeting. 2. They use Competitive Energy Services to get the best price and beat the state contract. Below are some prices that CES was able to secure for schools (names of schools were removed by VSA due to possible confidentiality issues). Because school names were removed, we were unable to make a direct comparison to the state price. Commodity Supplier #2 Irving #2 Price Gallons Date VT: $2.305 14,117 3/20/2015 Dead River $2.38 5,000 3/27/2015 #2 Dead River $2.38 12,000 3/27/2015 #2 Dead River $2.44 2,000 2/25/2015 #2 Dead River $2.33 85,000 2/11/2015 #2 Dead River $2.47 35,550 2/13/2015 #2 Burke $2.29 100,000 12/24/2014 #2 Burke $2.63 48,450 12/5/2014 #2 Burke $2.63 59,800 12/5/2014 #2 Burke $2.06 50,000 11/24/2014 #2 Burke $2.29 20,500 12/26/2014 #2 Champlain Valley #2 Dead River $2.19 and $2.33 $2.44 2/5/2015 6,500 2/13/2015 VT LEG #310205 v.1 APPENDIX C Vermont Colleges and Universities, Bulk Fuel Purchasing Entity University of Vermont (UVM) Uses State Contract Yes Vermont Law School Castleton State College No No Vermont Technical College No Lyndon State College Johnson State College No No Notes Has an MOU with SB Collins, the vendor awarded the state contract, contract #13641. They use #2 fuel and used to also use #6 fuel. For the past few years the state colleges issued system-wide RFPs and made decisions on purchases based upon the quotes they received back. Given the geographic disparities of the four campuses (Lyndon, Johnson, VT Tech, and Castleton), most of the campuses use different local vendors. They engage different providers for each of the fuels they purchase. The state contract price is variable and the college requires greater certainty in its pricing. VT LEG #310205 v.1