Attachment 5 OSP SPE604-20-R-0406.pdf

SPE604-20-R-0406 OFFEROR SUBMISSION PACKAGE (OSP)

OFFEROR SUBMISSION PACKAGE (OSP) ATTACHMENT 5

SOLICITATION SPE604-20-R-0406

THIS SOLICITATION COVERS THE ORDERING PERIODS:

BASE YEAR OCTOBER 1, 2020 THROUGH SEPTEMBER 30, 2021 AND 2 OPTION YEARS; OPTION YEAR ONE: OCTOBER 1, 2021 THROUGH SEPTEMBER 30, 2022; OPTION YEAR TWO: OCTOBER 1, 2022

THROUGH SEPTEMBER 30, 2023.

INSTRUCTIONS:

Base and option years are solicited solicited under full and open competition. All documents to be completed and returned are contained in this OSP. If faxing your offer, please limit the fax transmission to the contents of your Offeror Submission Package (OSP) to include your signed and dated SF1449, Section B, Schedules (listing offered prices, mine, guarantees), DLA Energy 4.23, AUTHORIZATION AND MINE DESCRIPTION (Attachment 1) and Contractor Performance Data Sheet (Attachment 2).

Preferred method for receipt of proposals is E-mail to the following E-mail address: dlaenergy.coalteam@dla.mil

THIS OSP CONTAINS:

X DLA Energy Forms 6.37 – Sections B – Schedules & Offer Sheets

X All applicable fill-in, Representations and Certification Provisions

X DLA Energy Form 4.23, Authorization and Mine Description – Attachment 1

X Contractor Performance Data Sheet (CPDS) – Attachment 2

X DLA Energy 19.3, Small Business Subcontracting Plan (See Attachment 3) (*Only large businesses are required to complete the DLA Energy 19.3)

X US Army TARDEC Petroleum Laboratory (USAPL) Coal Bidders Memorandum (Instructions on how to submit a sample to the USAPL for testing) and Request for Coal Testing Form – (Attachment 4)

Please be sure to check your offered prices on the DLA Energy Forms 6.37 Offer Sheets for accuracy and legibility prior to submission.

Offerors must SIGN AND DATE THE SF1449 (PAGE 1 OF SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS). Please list below your company Data Universal Numbering System Number (DUNS), Telephone/Facsimile numbers and E-mail address. In the event that amendments are issued to the solicitation, this will ensure that all offerors can be notified.

OFFEROR’S DUNS NUMBER: _____________________________________

OFFEROR’S COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE: ____________

OFFEROR’S PHONE NUMBER: _______________________

OFFEROR’S FACSIMILE (FAX) NUMBER: _________________________

OFFEROR’S E-MAIL ADDRESS: __________________________________

Solicitation SPE604-20-R-AXXX and corresponding Offeror Submission Package (OSP) are available, for download, on the Federal Business Opportunities website at the following address: https://beta.sam.gov/

Page SECTION B- DLA Energy Forms 6.37 – Schedule of Supplies/Offer Sheets OSP-3 through OSP 20

SECTION F DELIVERIES OR PERFORMANCE

F-0001 F3.05, TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND OSP-21

DETENTION RATES (COAL) (DLA ENERGY AUG 2005)

F-0008 F73.02, DUST SUPPRESSION/FREEZE CONDITIONING OF COAL OSP-21

(DLA ENERGY OCT 1994)

SECTION – K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

FAR 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) OSP-22

FAR 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JULY 2016) OSP 22

FAR 52.204-20 PREDECESSOR OF OFFEROR (JULY 2016) OSP-23

FAR 52.204-23 CONTRACTING FOR THE HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PRODUCT 23

DEVELOPED OR PROVIDED BY PROVIDED BY KASPERSKY LAB AND OTHER COVEREDy

LAB AND OTHER COVERED ENTITIES (JUL 2018)

FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015) OSP- 24

FAR 52.209- 7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) OSP- 24

FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX OSP-25

LIABILITYOR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

FAR 52.212-1- INSRUCTIONS TO OFFERORS –COMMERCIAL ITEMS (OCT 2018) OSP 25

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS OSP-28

(DEC 2019)

FAR 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) OSP 42

FAR 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984) OSP 42

FAR 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS —NOTICE AND REPRESENTATION OSP -43

DLAD 52.233-9001 DISPUTES – AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (DEC 2016) OSP-43

K-0001 K1.01-7 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL OSP- 45

ITEMS (DLA ENERGY FEB 2009)

K-0002 K15 RELEASE OF UNIT PRICES (DLA ENERGY MAR 2009) OSP-44

K-0003 K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) OSP-44

K-0004 K38 AUTHORIZATION AND MINE DESCRIPTION FORM (DLA ENERGY FEB 1985) OSP3-45

DLA ENERGY FORM 4.23, REVISED JUNE 2012, AUTHORIZATION AND MINE DESCRIPTION (ATTACHMENT 1)

CONTRACTOR PERFORMANCE DATA SHEET (CPDS) – (ATTACHMENT 2) ((ATTACHMENT 2)

DLA ENERGY 19.3, SMALL BUSINESS SUBCONTRACTING PLAN (ATTACHMENT 3)

(*ONLY LARGE BUSINESSES ARE REQUIRED TO COMPLETE THE DLA ENERGY 19.3)

US ARMY TARDEC PETROLEUM LABOTORY (USAPL) COAL BIDDERS MEMORANDUM AND (ATTACHMENT) 4

REQUEST FOR COAL TESTING FORM

SECTION B LINE ITEM NO: Base Year 0001

SCHEDULE OF SUPPLIES

FULL AND OPEN COMPETITION

REQUISITION/DATE: _100009213/Dated April 7, 2020

INSTALLATION: FT. WAINWRIGHT, ALASKA________

RAILHEAD AND SERVING RAILROAD, if applicable: ____FAIRBANKS / ALASKA RAILROAD

TRANSPORTATION EQUIPMENT FOR THIS ITEM: HOPPER BOTTOM RAILCARS

OFFERED PRICES SHALL BE PER NET TON: F.O.B. RAILCARS AT DESTINATION

COAL SIZE: 4” X ¼”

MINIMUM SPECIFICATIONS/QUALITY REQUIRED:

Moisture, as received:

% MAX: 33.0

BTUs, dry:

MIN: 7,500

Volatile Matter, dry:

N/A

A.S.T. degrees F

Ash, dry:

% MIN: _____

% MAX: 9.0

F.S.I.

Sulfur, dry:

% MAX: 0.25

Hardgrove Grind:

Screen Size Max % Retained On Max % Passing Through

4 R.H. Screen 0%

¼” R.H. Screen 10%

Line Item Maximum Quantity: 190,000NTS Line Item Minimum Quantity: 161,500 NTS

ESTIMATED MONTHLY QUANTITY CONTRACTOR SHALL BE OBLIGATED TO FURNISH (NET TONS):

YEAR: 2020

JAN: FEB: MAR: APR: MAY: JUN:

JUL: AUG: SEPT: OCT: 17,000 NOV: 20,000 DEC: 24,000

YEAR: 2021

JAN: 24,000 FEB: 20,000 MAR: 15000 APR: 13,000 MAY: 12,000 JUN: 10,000

JUL: 10,000 AUG: 12,000 SEPT: 13,000 OCT: NOV: DEC:

CONTRACTOR SHALL NOT BE REQUIRED TO MAKE ANY DELIVERIES UNDER THIS ITEM AFTER: October 31, 2021 DFARS 252.216-7006 ORDERING (May 2011) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from Oct 1, 2020 through Sept. 30, 2021. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.(c)(1) If issued electronically, the order is considered “issued” when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.(2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued” when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.

DLA Energy Form 6.37-SR (Schedule-Rail), November 3, 2016

FAR 52.216-19 Order Limitations (Oct 1995)-

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than zero, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of 24,000 NT per month;

(2) Any order for a combination of items in excess of 24,000 NT per month; or

(3) A series of orders from the same ordering office within one month that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

SECTION B –OFFER SHEET LINE ITEM NO: Base Year 0001

LINE ITEM NO: 0001 – FT. WAINWRIGHT, ALASKA

FULL AND OPEN COMPETITION (UNRESTRICTED)

FOB RAILCARS AT DESTINATION

OFFEROR'S NAME: OFFERS: (total net tons offered)

COAL PRICE per NT DELIVERED: $_______________

OFFEROR GUARANTEES THE FOLLOWING SPECIFICATIONS FOR THIS LINE ITEM PER

SHIPMENT:

COAL SIZE: _______________

Moisture, as received: % MAX: _______

MIN: ________

% MAX: _______

MIN: _______

MIN: _________

MAX: ________

__________ R.H. Screen __________

R.H. Screen

NAME OF MINE

STATE PERMIT NO.

TYPE

SEAM

TIPPLE/LOCATION

LABORATORY/LOCATION

SHIPPING POINT

If shipping by multiple conveyances, please provide all coal movement specifics as a narrative, in your offer. The narrative shall also indicate where and how chemical and size consist sampling will take place, and specify whether Condition A or Condition B will be used in accordance with ASTM 2234; see special contract provisions E-0002, E1.04, QUALITY PROVISIONS and C-0001, C-13, SIZE, SIZE CONSIST, AND PREPARATION.

THE FOLLOWING IS RESERVED FOR DLA ENERGY USE. OFFERORS PLEASE DO NOT WRITE BELOW THIS LINE.

MINE DATA USED FOR EVAL (INDICATE)

( ) ARMY TARDEC LAB TIPPLE REPORT

( ) ARMY TARDEC LAB DELIVERED REPORTS

MOISTURE: __________

VOLATILE MATTER, Dry:_________

ASH, DRY: __________

SULFUR, DRY: __________

BTU, DRY: __________

AST, DEGREES F: __________

FSI: __________

HARDGROVE GRIND: __________

( ) MINE ACCEPTABLE

___________________________________ ( ) MINE UNACCEPTABLE

LB/SB _____HUBZONE _____

DLA Energy 6.37-OR (Offer Rail) November 3, 2016

SECTION B LINE ITEM NO: Base Year One 0002

FULL AND OPEN COMPETITION

INSTALLATION: EIELSON AFB, ALASKA___________________

TRANSPORTATION EQUIPMENT FOR THIS ITEM: 4 DOOR HOPPER BOTTOM RAILCARS

MINIMUM SPECIFICATIONS/QUALITY REQUIRED PERSHIPMENT:

% MIN: _________

% MAX: 0.39

¼” R.H. Screen 10%

Line Item Maximum Quantity: 200,000 NTS Line Item Minimum Quantity: 170,000 NTS

ESTIMATED MONTHLY QUANTITY CONTRACTOR SHALL BE OBLIGATED TO FURNISH (NET TONS):

YEAR: 2020

JAN: FEB: MAR: APR: MAY: JUN:

JUL: AUG: SEPT: OCT: 17,000 NOV: 20,000 DEC: 21,000

YEAR: 2021

JAN: 23,000 FEB: 19,000 MAR: 19,000 APR: 17,000 MAY: 14,000 JUN 12,000

JUL: 12,000 AUG: 13,000 SEPT: 13,000 OCT: NOV: DEC:

CONTRACTOR SHALL NOT BE REQUIRED TO MAKE ANY DELIVERIES UNDER THIS ITEM AFTER: October 31, 2021 DFARS 252.216-7006 ORDERING (May 2011) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from Oct 1, 2020 through Sept. 30, 2021. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.(c)(1) If issued electronically, the order is considered “issued” when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.(2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued” when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than zero, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of 23,000 NT per month;

(2) Any order for a combination of items in excess of 23,000 NT per month; or

(3) A series of orders from the same ordering office within one month that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

SECTION B –OFFER SHEET LINE ITEM NO: Base Year 0002

LINE ITEM NO: 0002 – EIELSON AFB, ALASKA

FULL AND OPEN COMPETITION (UNRESTRICTED)

FOB RAILCARS AT DESTINATION

USE A SEPARATE SECTION B – SCHEDULE – OFFER SHEET FOR EACH MINE OFFERED.

COAL PRICE per NT DELIVERED: $_______________

OFFEROR GUARANTEES THE FOLLOWING SPECIFICATIONS FOR THIS LINE ITEM:

If shipping by multiple conveyances, please provide all coal movement specifics as a narrative, in your offer. The narrative shall also indicate where and how chemical and size consist sampling will take place, and specify whether Condition A or Condition B will be used in accordance with ASTM 2234; see special contract provisions E-0002, E1.04, QUALITY PROVISIONS and C-0001, C-13, SIZE, ( ) ARMY TARDEC LAB TIPPLE REPORT

( ) ARMY TARDEC LAB DELIVERED REPORTS

MOISTURE: __________

VOLATILE MATTER, Dry:_________

ASH, DRY: __________

SULFUR, DRY: __________

BTU, DRY: __________

AST, DEGREES F: __________

FSI: __________

HARDGROVE GRIND: __________

( ) MINE ACCEPTABLE

___________________________________ ( ) MINE UNACCEPTABLE

SECTION B Option Period One LINE ITEM NO: 0003

FULL AND OPEN COMPETITION

INSTALLATION: FT. WAINWRIGHT, ALASKA (Option period 1)_

¼” R.H. Screen 10%

Line Item Maximum Quantity: 190,000NTS Line Item Minimum Quantity: 161,500 NTS

ESTIMATED MONTHLY QUANTITY CONTRACTOR SHALL BE OBLIGATED TO FURNISH (NET TONS):

YEAR: 2021

JAN: FEB: MAR: APR: MAY: JUN:

JUL: AUG: SEPT: OCT: 17,000 NOV: 20,000 DEC: 24,000

YEAR: 2022

JAN: 24,000 FEB: 20,000 MAR: 15,000 APR: 13,000 MAY: 12,000 JUN: 10,000

CONTRACTOR SHALL NOT BE REQUIRED TO MAKE ANY DELIVERIES UNDER THIS ITEM AFTER: October 31, 2022 DFARS 252.216-7006 ORDERING (May 2011) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from Oct 1, 2021through Sept. 30, 2022. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.(c)(1) If issued electronically, the order is considered “issued” when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.(2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued” when the Government deposits the order in the mail or transmits by facsimile. Mailing includes

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than zero, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of 24,000 NT per month;

(2) Any order for a combination of items in excess of 24,000 NT per month; or

(3) A series of orders from the same ordering office within one month that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

SECTION B –OFFER SHEET Option Period One LINE ITEM NO: 0003

LINE ITEM NO: 0003 – FT. WAINWRIGHT, ALASKA (OPTION PERIOD 1)

FULL AND OPEN COMPETITION (UNRESTRICTED)

FOB RAILCARS AT DESTINATION

OFFEROR'S NAME: OFFERS: (total net tons offered)

If shipping by multiple conveyances, please provide all coal movement specifics as a narrative, in your offer. The narrative shall also indicate where and how chemical and size consist sampling will take place, and specify whether Condition A or Condition B will be used in accordance with ASTM 2234; see special contract provisions E-0002, E1.04, QUALITY PROVISIONS and C-0001, C-13, SIZE, ( ) ARMY TARDEC LAB TIPPLE REPORT

( ) ARMY TARDEC LAB DELIVERED REPORTS

MOISTURE: __________

VOLATILE MATTER, Dry:_________

ASH, DRY: __________

SULFUR, DRY: __________

BTU, DRY: __________

AST, DEGREES F: __________

FSI: __________

HARDGROVE GRIND: __________

( ) MINE ACCEPTABLE

SECTION B Option Period One LINE ITEM NO: 0004

FULL AND OPEN COMPETITION

INSTALLATION: EIELSON AFB, ALASKA (Option Period 1)_

ESTIMATED MONTHLY QUANTITY CONTRACTOR SHALL BE OBLIGATED TO FURNISH (NET TONS):

YEAR: 2021

JAN: FEB: MAR: APR: MAY: JUN:

JUL: AUG: SEPT: OCT: 17,000 NOV: 20,000 DEC: 21,000

YEAR: 2022

JAN: 23,000 FEB: 19,000 MAR: 19,000 APR: 17,000 MAY: 14,000 JUN 12,000

JUL: 12,000 AUG: 13,000 SEPT: 13,000 OCT: NOV: DEC:

CONTRACTOR SHALL NOT BE REQUIRED TO MAKE ANY DELIVERIES UNDER THIS ITEM AFTER: October 31, 2022 DFARS 252.216-7006 ORDERING (May 2011) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from Oct 1, 2021 through Sept. 30, 2022. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.(c)(1) If issued electronically, the order is considered “issued” when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.(2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued” when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than zero, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of 23,000 NT per month;

(2) Any order for a combination of items in excess of 23,000 NT per month; or

(3) A series of orders from the same ordering office within one month that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

SECTION B –OFFER SHEET Option Period One Line Item 0004

LINE ITEM NO: 0004 – EIELSON AFB, ALASKA (OPTION PERIOD 1)

FULL AND OPEN COMPETITION (UNRESTRICTED)

FOB RAILCARS AT DESTINATION

USE A SEPARATE SECTION B – SCHEDULE – OFFER SHEET FOR EACH MINE OFFERED.

If shipping by multiple conveyances, please provide all coal movement specifics as a narrative, in your offer. The narrative shall also indicate where and how chemical and size consist sampling will take place, and specify whether Condition A or Condition B will be used in accordance with ASTM 2234; see special contract provisions E-0002, E1.04, QUALITY PROVISIONS and C-0001, C-13, SIZE, ASH, DRY: __________

SULFUR, DRY: __________

BTU, DRY: __________

AST, DEGREES F: __________

FSI: __________

HARDGROVE GRIND: __________

( ) MINE ACCEPTABLE

SECTION B Option Period Two LINE ITEM NO: 0005

FULL AND OPEN COMPETITION

INSTALLATION: FT. WAINWRIGHT, ALASKA (Option period 2)_

Line Item Maximum Quantity: 190,000NTS Line Item Minimum Quantity: 161,500 NTS

YEAR: 2022

JAN: FEB: MAR: APR: MAY: JUN:

JUL: AUG: SEPT: OCT: 17,000 NOV: 20,000 DEC: 24,000

YEAR: 2023

JAN: 24,000 FEB: 20,000 MAR: 15,000 APR: 13,000 MAY: 12,000 JUN 10,000

CONTRACTOR SHALL NOT BE REQUIRED TO MAKE ANY DELIVERIES UNDER THIS ITEM AFTER: October 31, 2023 DFARS 252.216-7006 ORDERING (May 2011) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from Oct 1, 2022through Sept. 30, 2023. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.(c)(1) If issued electronically, the order is considered “issued” when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.(2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued” when the Government deposits the order in the mail or transmits by facsimile. Mailing includes

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than zero, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of 24,000 NT per month;

(2) Any order for a combination of items in excess of 24,000 NT per month; or

(3) A series of orders from the same ordering office within one month that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

SECTION B –OFFER SHEET Option Period Two LINE ITEM NO: 0005

LINE ITEM NO: 0003 – FT. WAINWRIGHT, ALASKA (OPTION PERIOD 2)

FULL AND OPEN COMPETITION (UNRESTRICTED)

FOB RAILCARS AT DESTINATION

OFFEROR'S NAME: OFFERS: (total net tons offered)

If shipping by multiple conveyances, please provide all coal movement specifics as a narrative, in your offer. The narrative shall also indicate where and how chemical and size consist sampling will take place, and specify whether Condition A or Condition B will be used in accordance with ASTM 2234; see special contract provisions E-0002, E1.04, QUALITY PROVISIONS and C-0001, C-13, SIZE, ( ) ARMY TARDEC LAB TIPPLE REPORT

( ) ARMY TARDEC LAB DELIVERED REPORTS

MOISTURE: __________

VOLATILE MATTER, Dry:_________

ASH, DRY: __________

SULFUR, DRY: __________

BTU, DRY: __________

AST, DEGREES F: __________

FSI: __________

HARDGROVE GRIND: __________

( ) MINE ACCEPTABLE

SECTION B Option Period Two LINE ITEM NO: 0006

FULL AND OPEN COMPETITION

INSTALLATION: EIELSON AFB, ALASKA (Option Period 2)

YEAR: 2022

JAN: FEB: MAR: APR: MAY: JUN:

JUL: AUG: SEPT: OCT: 17,000 NOV: 20,000 DEC: 21,000

YEAR: 2023

JAN: 23,000 FEB: 19,000 MAR: 19,000 APR: 17,000 MAY: 14,000 JUN: 12,000

JUL: 12,000 AUG: 13,000 SEPT: 13,000 OCT: NOV: DEC:

CONTRACTOR SHALL NOT BE REQUIRED TO MAKE ANY DELIVERIES UNDER THIS ITEM AFTER: October 31, 2023 DFARS 252.216-7006 ORDERING (May 2011) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from Oct 1, 2022 through Sept. 30, 2023. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.(c)(1) If issued electronically, the order is considered “issued” when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.(2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued” when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than zero, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of 23,000 NT per month;

(2) Any order for a combination of items in excess of 23,000 NT per month; or

(3) A series of orders from the same ordering office within one month that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

SECTION B –OFFER SHEET Option Period Two Line Item 0006

LINE ITEM NO: 0004 – EIELSON AFB, ALASKA (OPTION PERIOD 2)

FULL AND OPEN COMPETITION (UNRESTRICTED)

FOB RAILCARS AT DESTINATION

USE A SEPARATE SECTION B – SCHEDULE – OFFER SHEET FOR EACH MINE OFFERED.

If shipping by multiple conveyances, please provide all coal movement specifics as a narrative, in your offer. The narrative shall also indicate where and how chemical and size consist sampling will take place, and specify whether Condition A or Condition B will be used in accordance with ASTM 2234; see special contract provisions E-0002, E1.04, QUALITY PROVISIONS and C-0001, C-13, SIZE, ASH, DRY: __________

SULFUR, DRY: __________

BTU, DRY: __________

AST, DEGREES F: __________

FSI: __________

HARDGROVE GRIND: __________

( ) MINE ACCEPTABLE

SECTION F DELIVERIES OR PERFORMANCE

F-0001 F3.05 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND DETENTION RATES (COAL)

(DLA ENERGY AUG 2005)

(a) Upon arrival of Contractor's truck, the receiving activity shall promptly designate the delivery point where the coal is to be offloaded.

The Contractor shall be paid for detention beyond free time for delays caused by the Government. Free time shall commence when the truck arrives at the delivery point and is ready to be offloaded and will end when the offloading is complete. A minimum of one hour free time is required.

(1) Free time for offloading a truck (includes one hour minimum plus any additional time): ___________________.

(2) Rate for detention beyond free time: ____________________________________________________________.

The above will not be considered in the evaluation of offers for award except that free time of less than one hour may render an offer unacceptable.

(b) Notwithstanding paragraph (a) above, the Government is entitled to at least as much free time as the common carrier allows or that the Contractor normally allows its regular commercial customers, whichever is greater.

(c) Detention costs shall be the sole responsibility of the activity incurring them. Invoices for detention costs shall be submitted by the Contractor directly to the activity receiving the coal. Notwithstanding paragraph (a) above, the Government shall not pay a higher detention rate than the actual rate charged by the common carrier or the rate the Contractor normally charges its regular commercial customers, whichever is lower.

(d) UNLESS THE OFFEROR OTHERWISE INDICATES IN PARAGRAPHS (a)(1) AND (a)(2) ABOVE, FREE TIME SHALL BE

CONSIDERED UNLIMITED AND DETENTION RATES SHALL NOT BE CHARGEABLE.

F-0008 F73.02 DUST SUPPRESSION/FREEZE CONDITIONING OF COAL (DLA ENERGY OCT 1994)

(a) DUST SUPPRESSION refers to the preparation of coal using a process or medium to achieve effective dust control. FREEZE CONDITIONING is a process to reduce coal from freezing together or to a conveyance, which would restrict the product flow.

(b) When called for under the Schedule, coal will be treated for dust suppression and/or freeze conditioning using a nonpetroleum-based medium process that permits a total uniform application. The medium used will be one that is available commercially and normally used for such purposes, subject to review by DLA Energy. Application of the medium will be per manufacturer's direction, subject to modification by DLA Energy, and will be accomplished immediately prior to loading into a conveyance or stockpiling. However, when multiple transfers or transportation modes occur during shipment, treatment will take place immediately prior to stockpiling or loading at the specified shipping point.

(c) When both dust suppression and freeze conditioning are called for in the Schedule, the process used must satisfy both requirements, subject to review by DLA Energy.

(d) The Contractor certifies that the treatment medium and/or process is in compliance with all Federal, State, and local EPA requirements, both at the treatment location and at the using activity.

(e) The offeror shall submit the following information with the offer:

(1) The name and address of the manufacturer of the treatment medium:

(2) The product brand name:

(3) Chemical nomenclature (in addition, provide product's technical data package, if applicable):

(4) Product's Material Safety Data Sheet.

Failure to submit this information with the offer may render it nonresponsible.

(f) The Contractor shall notify the Contracting Officer if the manufacturer of the treatment medium and/or process is changed.

SECTION – K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

(Representations & Certifications/Fill-In Clauses Contained in OSP)

FAR 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that --

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to --

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in the offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision;

or (2)

(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision _________________________________ [insert full name of person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror’s organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (SEP 2007)

(a) Definitions. As used in this provision—“Lobbying contact” has the meaning provided at 2 U.S.C. 1602(8). The terms “agency,”

“influencing or attempting to influence,” “officer or employee of an agency,” “person,” “reasonable compensation,” and “regularly employed” are defined in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12) are hereby incorporated by reference it his provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C.

1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, for each such failure.

FAR 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (July 2016)

(a) Definitions. As used in this provision—

“Commercial and Government Entity (CAGE) code” means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates “has” in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:________________________________________

Immediate owner legal name:_________________________________________ (Do not use a “doing business as” name)

Is the immediate owner owned or controlled by another entity?:

[ ] Yes or [ ] No.

(d) If the Offeror indicates “yes” in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest level owner CAGE code:________________________________________

Highest level owner legal name:_________________________________________ (Do not use a “doing business as” name)

FAR 52.204-20 PREDECESSOR OF OFFEROR (JULY 2016)

(a) Definitions. As used in this provision--

“Commercial and Government Entity (CAGE) code” means--

(1) An identifier assigned to entities located in the United States and its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ________ (or mark “Unknown”).

Predecessor legal name: ______________________________.

(Do not use a “doing business as” name).

FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)

(1) The Offeror certifies, to the best of its knowledge and belief, that --

(i) The Offeror and/or any of its Principals --

(A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) Have [_], have not [_], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has [[_] has not [_], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.(2) “Principal,” for the purposes of this certification, means an officer; director; owner; partner; or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award.

If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

(a) Definitions. As used in this provision—

Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c)If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i)In a criminal proceeding, a conviction.

(ii)In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii)In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv)In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the…