Attachment-2-OSP-12-R-0411-EBS.doc

Attachment 2 SPE600-12-R-0411

OFFEROR SUBMISSION PACKAGE (OSP)

SOLICITATION SPE600-12-R-0411

OFFERS ARE DUE: JULY 30, 2012, 3:00 p.m. Eastern Standard Time

THIS SOLICITATION COVERS THE ORDERING PERIOD:

October 1, 2012 through September 30, 2015

INSTRUCTIONS:

One and three year prices are requested. All Line Items are solicited unrestricted. 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 and Contractor Performance Data Sheet.

EMAILED PROPOSALS ARE ACCEPTABLE: DLA ENERGY EMAIL ADDRESS FOR RECEIPT OF PROPOSALS IS dlaenergy.coalteam@dla.mil Please note all offerors must mail a complete originally signed offer and one duplicate within 10 calendar days from the date specified for receipt of offers.

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

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

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 company’s 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 SPE600-12-R-0411 and corresponding Offeror Submission Package (OSP) are available, for download, on FedBizOpps.gov, Internet website at the following address: https://www.fbo.gov/index?s=main&mode=list&tab=list&tabmode=list

Page SECTION B- DLA Energy Forms 6.37 – Schedule of Supplies/Offer Sheets

OSP-3 through OSP-14

SECTION G CONTRACT ADMINISTRATION

G-0001

G9.06, ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED

OSP- 15

(DLA ENERGY DEC 1999)

DLAD 52.204-9001

ELECTRONIC ORDER TRANSMISSION (NOV 2011)

OSP-15

SECTION – I CONTRACT PROVISIONS

52.212-1

INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (COAL) (TAILORED) (DLA ENERGY)

(FEB 2012)

OSP-16-18

FAR 52.212-3

OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS

OSP- 19-25

(APR 2012)

FAR 52.219-4

NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL

OSP- 26

BUSINESS CONCERNS (JAN 2011)

FAR 52.219-28

POST-AWARD SMALL BUSINESS PROGRAM RE-REPRESENTATION (APR 2012)

OSP- 27

DFARS 252.212-7000

OSP- 28

(JUN 2005)

DLAD 52.233-9001

DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION

OSP- 28

(NOV 2011)– DLAD

SECTION – K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

FAR 52.209-5

CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

OSP- 29

FAR 52.209- 7

INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)

OSP- 30

DFARS 252.247-7022

REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992)

OSP- 31

K-0001 K1.01-7

OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL

ITEMS (DLA ENERGY FEB 2009)

K-0002 K33.01

AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007)

K-0003 K38

AUTHORIZATION AND MINE DESCRIPTION FORM (DLA ENERGY FEB 1985)

OSP- 32

DLA Energy Form 4.23, Revised JUNE 2012, AUTHORIZATION AND MINE DESCRIPTION

OSP-33

CONTRACTOR PERFORMANCE DATA SHEET (CPDS)

OSP-34

SPE600-12-R-0411

SECTION B

LINE ITEM NO: 0001

SCHEDULE OF SUPPLIES

ONE YEAR

UNRESTRICTED

REQUISITION/DATE: 1-00000-1846/February 28, 2012

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:

% MAX: 13.0

Screen Size

15%

TOTAL ESTIMATED REQUIREMENT (NET TONS): 320,000 NTS (one year quantity)

ADDITIONAL QUANTITY RESERVED (IF APPLICABLE) NET TONS: N/A

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

YEAR: 2012

YEAR: 2013

MAXIMUM QUANTITY CONTRACTOR SHALL BE OBLIGATED TO FURNISH (NET TONS): 320,000 NTS CONTRACTOR SHALL NOT BE REQUIRED TO MAKE ANY DELIVERIES UNDER THIS ITEM AFTER: October 31, 2013

(Except as provided if special contract provision I209.09, EXTENSION PROVISIONS is invoked).

MAXIMUM ORDER THIS ITEM (NET TONS): 35,057 per month.

NOTE: See FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

FAR 52.216-18

ORDERING (OCT 1995)

(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 Schedule. Such orders may be issued from October 1, 2012 through September 30, 2013.

(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) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the schedule.

DLA Energy Form 6.37-ST (Schedule-Truck), August 2010

OSP-3

UNRESTRICTED

ONE YEAR PRICES

SECTION B –OFFER SHEET

FOB RAILCARS AT DESTINATION

LINE ITEM NO: 0001 – FT. WAINWRIGHT, ALASKA

OFFEROR'S NAME:

OFFERS:

(total net tons offered)

COAL PRICE per NT: $_______________ TRANSPORTATION PRICE per NT: $____________

DLA Energy will add coal and transportation prices to calculate offeror’s total delivered price.

Offeror agrees to special contract provision I-0006, I209.09, EXTENSION PROVISION: YES: _____ NO: _____

OFFEROR GUARANTEES THE FOLLOWING SPECIFICATIONS FOR THIS LINE ITEM:

COAL SIZE: _______________

% MAX: _______

Screen Size

NAME OF MINE

STATE PERMIT NO.

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 E1.04, QUALITY PROVISIONS and C-13, SIZE, SIZE CONSIST, AND PREPARATION.

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

100%

1.00

COAL PRICE:

MINE DATA USED FOR EVAL (INDICATE)

( ) ARMY TARDEC LAB TIPPLE REPORT

MOIST%

-0._______

TRANSPORTATON PRICE:

( ) ARMY TARDEC LAB DELIVERED REPORTS

X DRY, BTU

TOTAL DELIVERED PRICE

= ARBTU

(rounded)

MOISTURE:

X 2,000

X 100

VOLATILE MATTER, Dry:_________

ASH, DRY:

(A) ______________________

= (B) _____________________________

SULFUR, DRY:

BTU, DRY:

(A) ÷ (B)

AST, DEGREES F:

FSI:

ARBTU PER 1¢ DELIVERED.

HARDGROVE GRIND:

( ) MINE ACCEPTABLE

( ) MINE UNACCEPTABLE

Calculated By (Signature)

LB/SB _____HUBZONE _____

Verified By (Signature)

DLA Energy 6.37-OR (Offer RAIL) August 2010

OSP-4

LINE ITEM NO: 0001A

THREE YEAR

UNRESTRICTED

REQUISITION/DATE: 1-00000-1846/February 28, 2012

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:

% MAX: 13.0

Screen Size

15%

TOTAL ESTIMATED REQUIREMENT (NET TONS): 960,000 NTS (three year quantity)

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

YEAR: 2012

MAXIMUM QUANTITY CONTRACTOR SHALL BE OBLIGATED TO FURNISH (NET TONS): 960,000 NTS CONTRACTOR SHALL NOT BE REQUIRED TO MAKE ANY DELIVERIES UNDER THIS ITEM AFTER: October 31, 2015

MAXIMUM ORDER THIS ITEM (NET TONS): 35,057 per month.

NOTE: See FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(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 Schedule. Such orders may be issued from October 1, 2012 through September 30, 2015.

(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) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the schedule.

OSP-5

THREE YEAR PRICES

LINE ITEM NO: 0001A – FT. WAINWRIGHT, ALASKA

COAL PRICE per NT: $_______________ TRANSPORTATION PRICE per NT: $____________

DLA Energy will add coal and transportation prices to calculate offeror’s total delivered price.

Offeror agrees to special contract provision I-0006, I209.09, EXTENSION PROVISION: YES: _____ NO: _____

OFFEROR GUARANTEES THE FOLLOWING SPECIFICATIONS FOR THIS LINE ITEM:

COAL SIZE: _______________

% MAX: _______

Screen Size

NAME OF MINE

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 E1.04, QUALITY PROVISIONS and C-13, SIZE, SIZE CONSIST, AND PREPARATION.

100%

-0._______

TOTAL DELIVERED PRICE

= ARBTU

(A) ______________________

= (B) _____________________________

OSP-6

LINE ITEM NO: 0002

UNRESTRICTED

REQUISITION/DATE: 1-00000-1846/February 28, 2012

INSTALLATION: CLEAR AFS, ALASKA_____________________________________________

RAILHEAD AND SERVING RAILROAD, if applicable: ____CLEAR AS, AK / ALASKA RAILROAD

TRANSPORTATION EQUIPMENT FOR THIS ITEM: 100 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:

Screen Size

15%

TOTAL ESTIMATED REQUIREMENT (NET TONS): 53,700 NTS (one year)

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

YEAR: 2012

MAXIMUM QUANTITY CONTRACTOR SHALL BE OBLIGATED TO FURNISH (NET TONS): 53,700 NTS

MAXIMUM ORDER THIS ITEM (NET TONS): 6,000 per month.

NOTE: See FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(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 Schedule. Such orders may be issued from October 1, 2012 through September 30, 2013.

(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) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the schedule.

OSP-7

LINE ITEM NO: 0002 – CLEAR AS, ALASKA

COAL PRICE per NT: $_______________ TRANSPORTATION PRICE per NT: $____________

DLA Energy will add coal and transportation prices to calculate offeror’s total delivered price.

Offeror agrees to special contract provision I-0006, I209.09, EXTENSION PROVISION: YES: _____ NO: _____

OFFEROR GUARANTEES THE FOLLOWING SPECIFICATIONS FOR THIS LINE ITEM:

COAL SIZE: _______________

Screen Size

NAME OF MINE

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 E1.04, QUALITY PROVISIONS and C-13, SIZE, SIZE CONSIST, AND PREPARATION.

100%

-0._______

TOTAL DELIVERED PRICE

= ARBTU

(A) ______________________

= (B) _____________________________

OSP-8

LINE ITEM NO: 0002A

UNRESTRICTED

REQUISITION/DATE: 1-00000-1846/February 28, 2012

INSTALLATION: CLEAR AFS, ALASKA_____________________________________________

RAILHEAD AND SERVING RAILROAD, if applicable: ____CLEAR AS, AK / ALASKA RAILROAD

TRANSPORTATION EQUIPMENT FOR THIS ITEM: 100 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:

Screen Size

15%

TOTAL ESTIMATED REQUIREMENT (NET TONS): 161,100 NTS (three years)

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

YEAR: 2012

MAXIMUM QUANTITY CONTRACTOR SHALL BE OBLIGATED TO FURNISH (NET TONS): 161,100 NTS (three years)

MAXIMUM ORDER THIS ITEM (NET TONS): 6,000 per month.

NOTE: See FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(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 Schedule. Such orders may be issued from October 1, 2012 through September 30, 2015.

(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) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the schedule.

OSP-9

LINE ITEM NO: 0002A – CLEAR AS, ALASKA

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

COAL PRICE per NT: $_______________ TRANSPORTATION PRICE per NT: $____________

DLA Energy will add coal and transportation prices to calculate offeror’s total delivered price.

Offeror agrees to special contract provision I-0006, I209.09, EXTENSION PROVISION: YES: _____ NO: _____

OFFEROR GUARANTEES THE FOLLOWING SPECIFICATIONS FOR THIS LINE ITEM:

COAL SIZE: _______________

Screen Size

NAME OF MINE

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 E1.04, QUALITY PROVISIONS and C-13, SIZE, SIZE CONSIST, AND PREPARATION.

100%

-0._______

TOTAL DELIVERED PRICE

= ARBTU

(A) ______________________

= (B) _____________________________

OSP-10

LINE ITEM NO: 0003

UNRESTRICTED

REQUISITION/DATE: 1-00000-1846/February 28, 2012

INSTALLATION: EIELSON AFB, ALASKA_____________________________________________

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

TRANSPORTATION EQUIPMENT FOR THIS ITEM: 4 DOOR 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:

% MAX: 10.0

Screen Size

15%

TOTAL ESTIMATED REQUIREMENT (NET TONS): 195,000 NTS (one year)

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

YEAR: 2012

MAXIMUM QUANTITY CONTRACTOR SHALL BE OBLIGATED TO FURNISH (NET TONS): 195,000

MAXIMUM ORDER THIS ITEM (NET TONS): 22,200 per month.

NOTE: See FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(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 Schedule. Such orders may be issued from October 1, 2012 through September 30, 2013.

(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) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the schedule.

OSP-11

LINE ITEM NO: 0003 – EIELSON AFB, ALASKA

COAL PRICE per NT: $_______________ TRANSPORTATION PRICE per NT: $____________

DLA Energy will add coal and transportation prices to calculate offeror’s total delivered price.

Offeror agrees to special contract provision I-0006, I209.09, EXTENSION PROVISION: YES: _____ NO: _____

OFFEROR GUARANTEES THE FOLLOWING SPECIFICATIONS FOR THIS LINE ITEM:

COAL SIZE: _______________

Screen Size

NAME OF MINE

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 E1.04, QUALITY PROVISIONS and C-13, SIZE, SIZE CONSIST, AND PREPARATION.

100%

-0._______

TOTAL DELIVERED PRICE

= ARBTU

(A) ______________________

= (B) _____________________________

OSP-12

LINE ITEM NO: 0003A

UNRESTRICTED

REQUISITION/DATE: 1-00000-1846/February 28, 2012

INSTALLATION: EIELSON AFB, ALASKA_____________________________________________

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

TRANSPORTATION EQUIPMENT FOR THIS ITEM: 4 DOOR 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:

% MAX:10.0

Screen Size

15%

TOTAL ESTIMATED REQUIREMENT (NET TONS): 585,000 NTS (three-years)

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

YEAR: 2012

MAXIMUM QUANTITY CONTRACTOR SHALL BE OBLIGATED TO FURNISH (NET TONS): 585,000 NTS

MAXIMUM ORDER THIS ITEM (NET TONS): 22,200 per month.

NOTE: See FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(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 Schedule. Such orders may be issued from October 1, 2012 through September 30, 2015.

(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) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the schedule.

OSP-13

LINE ITEM NO: 0003A – EIELSON AFB, ALASKA

COAL PRICE per NT: $_______________ TRANSPORTATION PRICE per NT: $____________

DLA Energy will add coal and transportation prices to calculate offeror’s total delivered price.

Offeror agrees to special contract provision I-0006, I209.09, EXTENSION PROVISION: YES: _____ NO: _____

OFFEROR GUARANTEES THE FOLLOWING SPECIFICATIONS FOR THIS LINE ITEM:

COAL SIZE: _______________

Screen Size

NAME OF MINE

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 E1.04, QUALITY PROVISIONS and C-13, SIZE, SIZE CONSIST, AND PREPARATION.

100%

-0._______

TOTAL DELIVERED PRICE

= ARBTU

(A) ______________________

= (B) _____________________________

OSP-14

SECTION G CONTRACT ADMINISTRATION

G-0001

G9.06, ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY DEC 1999)

Remittances shall be mailed only at the Government’s option or where an exception to payment by Electronic Funds Transfer (EFT) applies. (See the PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL CONTRACTOR REGISTRATION or the PAYMENT BY ELECTRONIC FUNDS TRANSFER - OTHER THAN CENTRAL CONTRACTOR REGISTRATION clause.)

Offeror shall indicate below the complete mailing address (including the nine-digit zip code) to which remittances should be mailed if such address is other than that shown in Block 15a (Standard Form (SF) 33) for noncommercial items or Block 17a (SF 1449) for commercial items. In addition, if offeror did not incorporate its nine-digit zip code in the address shown in Block 15a of the SF 33 or in Block 17a of the SF 1449, the offeror shall enter it below:

(a) Payee Name (Contractor): | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

(b) Check Remittance Address:

(DO NOT EXCEED 30 CHARACTERS PER LINE)

(c) Narrative Information (special instructions).

(DO NOT EXCEED 153 CHARACTERS)

DLAD 52.204-9001

ELECTRONIC ORDER TRANSMISSION (NOV 2011)

Supplies procured through the Defense Logistics Agency (DLA) may be ordered via electronic ordering. Offerors must check one of the following alternatives for paperless order transmission:

[ ] Electronic Data Interchange (EDI) transactions in accordance with ANSI X12 Standards through DLA Transaction Services approved value added network (VAN).

[ ] Electronic Mail (email) award notifications containing Web links to electronic copies of the Department of Defense (DD) Form 1155, Order for Supplies or Services. (end of provision)

SECTION – I CONTRACT PROVISIONS

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (COAL) (TAILORED) (DLA ENERGY) (FEB 2012)

(a) NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE AND SMALL BUSINESS SIZE STANDARD. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern that submits an offer in its own name, but which proposes to furnish an item that it did not itself manufacture, is 500 employees.

(b) SUBMISSION OF OFFERS. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, facsimile/telephone numbers and e-mail address of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3. See FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically;

(9) Acknowledgment of solicitation amendments;

(10) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation;

(11) Name, title, and signature of person authorized to sign the offer. Offers signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office;

(12) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(13) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) FACSIMILE OFFERS Yes (FAR 52.215-5). No

(1) Offerors may submit an offer via facsimile. Facsimile offers are subject to the same rules as paper offers.

(2) The telephone number for the receipt of facsimile offers is 703-767-8573.

(3) Initial offers, modifications and offer revisions submitted via facsimile must contain offeror's signature.

(d)

EMAIL OFFERS

(1) Offerors may submit an offer via e-mail. E-mail offers are subject to the same rules as paper offers.

(2) E-mail receiving data and compatibility characteristics are as follows: e-mail address: dlaenergy.coalteam@dla.mil

(3) Initial offers, modifications and proposal revisions submitted via e-mail must contain offeror's signature included in the attachment to the e-mail communication.

(4) Attachments that are not in .pdf file format must be sent password protected for “READ ONLY” to ensure the integrity of the data submitted.

(5) Offers submitted electronically through a single e-mail must be no more than 10 MB. DLA Energy’s mail server will reject messages larger than 10 MB.

(6) Offerors are responsible for verifying receipt of e-mail offers by contacting the Contracting Officer prior to the solicitation closing time.

52.212-1 Cont’d

(e) PERIOD FOR ACCEPTANCE OF OFFERS. The offeror agrees to hold the prices in its offer firm for __ calendar days from the date specified for receipt of offers.

(f) PRODUCT SAMPLES. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(g) LATE SUBMISSIONS, MODIFICATIONS, REVISIONS, AND WITHDRAWALS OF OFFERS.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for offers, it was the only offer received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice of withdrawal by the Contracting Officer.

(h) CONTRACT AWARD.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose offer(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all offers if such action is in the Government’s interest.

(3) The Government may waive informalities and minor irregularities in offers received.

(4) The Government intends to evaluate offers and award a contract after conducting discussions with offerors whose offers have been determined to be within the competitive range. If the Contracting Officer determines that the number of offers that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of offers in the competitive range to the greatest number that will permit an efficient competition among the most highly rated offers. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. The Government reserves the right not to conduct discussions as determined by the Contracting Officer.

(i) MULTIPLE AWARDS. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(j) AVAILABILITY OF REQUIREMENTS DOCUMENTS CITED IN THE SOLICITATION. See SectionB/ Schedule.

(k) DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER. (Applies to offers exceeding $3,000 and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database.) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror's name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

52.212-1 Cont’d

(l) CENTRAL CONTRACTOR REGISTRATION (CCR). Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered offeror. Offerors may obtain information on registration and annual confirmation requirements via the CCR database accessed through https://www.acquisition.gov or by calling 1-866-606-8220 or 334-206-7828.

(m) DEBRIEFING. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award.

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Apr 2012) An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via https://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

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

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Inverted domestic corporation,” as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

52.212-3 Cont’d

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.gov . After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror prepresents that—

(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB…