Revised_Attachment_5_OSP-16-R-0402.pdf

Attachment 5 SPE600-16-R-0402

PROCUREMENT SENSITIVE - SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104

OSP-1

OFFEROR SUBMISSION PACKAGE (OSP)

SOLICITATION SPE600-16-R-0402

OFFERS ARE DUE: February 8, 2016, 3:00 p.m. Eastern Standard Time

THIS SOLICITATION COVERS THE ORDERING PERIOD: MAY 1, 2016 THROUGH APRIL 30, 2017

INSTRUCTIONS:

Line Items 0002 & 0003 are set aside 100% for small business. Line Items 0004, 0005, & 0008 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.

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

Facsimile (Fax) proposals may be faxed to 703-767-8573

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)

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.

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 SPE600-16-R-0402 and corresponding Offeror Submission Package (OSP) are available, for download, on FedBizOpps.gov, Internet website at the following address: https://www.fbo.gov/ mailto:dlaenergy.coalteam@dla.mil https://www.fbo.gov/

OSP-2

Offeror Submission Package (OSP) Index Page SECTION B- DLA Energy Forms 6.37 – Schedule of Supplies/Offer Sheets OSP-3 through OSP-12

SECTION F DELIVERIES OR PERFORMANCE

F-0001 F3.05, TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND OSP- 13

DETENTION RATES (COAL) (DLA ENERGY AUG 2005)

F-0008 F73.02, DUST SUPPRESSION/FREEZE CONDITIONING OF COAL OSP- 13

(DLA ENERGY OCT 1994)

SECTION G CONTRACT ADMINISTRATION

G-0001 G9.06, ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED OSP- 14

(DLA ENERGY DEC 1999)

SECTION – K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015) OSP- 15

FAR 52.209- 7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) OSP- 16

FAR 52.212-3/I/II OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS OSP- 16-23

(ALTERNATES I/II) (NOV 2015)

DLAD 52.233-9001 DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION OSP- 23

(NOV 2011)– DLAD

K-0001 K1.01-7 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL OSP- 24

ITEMS (DLA ENERGY FEB 2009)

K-0002 K15 RELEASE OF UNIT PRICES (DLA ENERGY MAR 2009) OSP- 24

K-0003 K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) OSP- 24

K-0004 K38 AUTHORIZATION AND MINE DESCRIPTION FORM (DLA ENERGY FEB 1985) OSP- 25

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICE TO OFFERORS

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (COAL) (TAILORED) OSP- 25-27

(DLA ENERGY) (JUL 2013)

DLAD 52.215-9023 REVERSE AUCTION (OCT 2013) OSP- 28

DLA Energy Form 4.23, Revised JUNE 2012, AUTHORIZATION AND MINE DESCRIPTION OSP- 29

CONTRACTOR PERFORMANCE DATA SHEET (CPDS) OSP- 30

US ARMY TARDEC PETROLEUM LABOTORY (USAPL) COAL BIDDERS MEMORANDUM AND OSP- 31-33

REQUEST FOR COAL TESTING FORM

OSP-3

SECTION B LINE ITEM NO.:0002

SCHEDULE OF SUPPLIES

100% SET-ASIDE FOR SMALL BUSINESS (RAIL)

REQUISITION/DATE: 1000043189/December 1, 2015

INSTALLATION: Marine Corps Base (MCB), Camp Lejeune, NC

RAILHEAD AND SERVING RAILROAD, if applicable: Camp Lejeune, NC Spur/Norfolk Southern/Seaboard Railcars

TRANSPORTATION EQUIPMENT FOR THIS ITEM: Hopper Bottom Railcars

OFFERED PRICES SHALL BE PER NET TON: FOB Railcars at Destination. Maximum 20 railcars per shipment. Hours of operation for receiving coal are 0800 – 1630, no weekend deliveries (Sat-Sun) or Federal holidays, 3-day allowance for unloading is required.

COAL SIZE: 1 ½” X ¼”

MINIMUM SPECIFICATIONS/QUALITY REQUIRED:

Moisture, as received:

% MAX: 8.0

BTUs, dry:

MIN: 12,800

Volatile Matter, dry:

% MAX: 38.0

MIN: 28.0

A.S.T. degrees F

N/A

Ash, dry:

% MAX: 10.0

F.S.I.

Sulfur, dry:

% MAX: 1.3

Hardgrove Grind:

MAX: 70 MIN: 45

Screen Size Max % Retained On Max % Passing Through 1 ½” R.H. Screen 5%

¼” R.H. Screen 15%

TOTAL ESTIMATED REQUIREMENT (NET TONS): 15,000 (Requirements type contract will be awarded; no definite quantity guarantee)

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

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

YEAR: 2016

JAN: FEB: MAR: APR: MAY: 1,500 JUN: 1,500

JUL: 1,500 AUG: 1,500 SEPT: 1,500 OCT: 1,500 NOV: 1,500 DEC: 1,500

YEAR: 2017

JAN: 1,500 FEB: 1,500 MAR: APR: MAY: JUN:

JUL: AUG: SEPT: OCT: NOV: DEC:

MAXIMUM QUANTITY CONTRACTOR SHALL BE OBLIGATED TO FURNISH (NET TONS): 15,000

Except as provided if special contract provision I-0006, I209.13, OPTION TO INCREASE QUANTITY is invoked.

CONTRACTOR SHALL NOT BE REQUIRED TO MAKE ANY DELIVERIES UNDER THIS ITEM AFTER: May 31, 2017 (Except as provided if special contract provision I-0005, I209.09, EXTENSION PROVISIONS is invoked).

MAXIMUM ORDER THIS ITEM (NET TONS): 2,500 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 May 1, 2016 through April 30, 2017.

(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-Rail), August 2010

OSP-4

100% SET-ASIDE FOR SMALL BUSINESS

SECTION B –OFFER SHEET

FOB RAILCARS AT DESTINATION LINE ITEM NO: 0002 – MCB, Camp Lejeune, NC

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

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. This line item does not require freeze conditioning or dust suppression. Offeror agrees to special contract provision I-0005, I209.09, EXTENSION PROVISION: YES: _____ NO: _____

OFFEROR GUARANTEES THE FOLLOWING SPECIFICATIONS FOR THIS LINE ITEM:

COAL SIZE: _______________

% MAX: _______

MIN: __________

MIN: _______

MAX: ______ MIN: ______

__________ R.H. Screen __________

R.H. Screen

NAME OF MINE

STATE PERMIT NO.

TYPE

SEAM

TIPPLE/LOCATION

LABORATORY/LOCATION

SHIPPING POINT/RR

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.

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-5

SECTION B LINE ITEM NO.: 0003

100% SET-ASIDE FOR SMALL BUSINESS (RAIL)

REQUISITION/DATE: 1000043189/December 1, 2015

INSTALLATION: Marine Corps Air Station (MCAS), Cherry Point, NC

RAILHEAD AND SERVING RAILROAD, if applicable: MCAS, Cherry Point, NC/Norfolk-Southern Railroad

TRANSPORTATION EQUIPMENT FOR THIS ITEM: Maximum 100 Ton Hopper Bottom railcars only

OFFERED PRICES SHALL BE PER NET TON: FOB Railcars at destination. Maximum daily delivery is five (5) 100-ton cars or seven (7) 70-ton cars per day. Unloading Monday through Thursday 0730 – 1500 (No deliveries on Fri, Sat, Sun or federal government holidays).

COAL SIZE: 1 ½”X ½”

MINIMUM SPECIFICATIONS/ QUALITY REQUIRED:

% MAX: 5.5

MIN: 13,500

% MAX: 40.0

MIN: 32.0

MIN: 2700

% MAX: 1.1

1 ½” R.H. Screen 5%

½” R.H. Screen 10%

TOTAL ESTIMATED REQUIREMENT (NET TONS): 29,000 (Minimum ordered will be 75% or 21,750 NTS, of the total requirement)

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

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

YEAR: 2016

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

JUL: 3,000 AUG: 3,000 SEPT: 4,000 OCT: 5,000 NOV: DEC:

YEAR: 2017

JAN: 4,000 FEB: 3,000 MAR: 4,000 APR: 3,000 MAY: JUN:

JUL: AUG: SEPT: OCT: NOV: DEC:

MAXIMUM QUANTITY CONTRACTOR SHALL BE OBLIGATED TO FURNISH (NET TONS): 29,000

Except as provided if special contract provision I-0006, I209.13, OPTION TO INCREASE QUANTITY is invoked.

CONTRACTOR SHALL NOT BE REQUIRED TO MAKE ANY DELIVERIES UNDER THIS ITEM AFTER: May 31, 2017 (Except as provided if special contract provision I-0005, I209.09, EXTENSION PROVISIONS is invoked).

MAXIMUM ORDER THIS ITEM (NET TONS): 6,000 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 May 1, 2016 through April 30, 2017.

(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

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

OSP-6

100% SET-ASIDE FOR SMALL BUSINESS

FOB RAILCARS AT DESTINATION LINE ITEM NO.0003 – MCAS, Cherry Point, NC

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

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. This line item does not require freeze conditioning or dust suppression.

Offeror agrees to special contract provision I-0005, I209.09, EXTENSION PROVISION: YES: _____ NO: _____

OFFEROR GUARANTEES THE FOLLOWING SPECIFICATIONS FOR THIS LINE ITEM:

MIN:_______

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.

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-7

SECTION B SCHEDULE OF SUPPLIES LINE ITEM NO.: 0004

UNRESTRICTED (TRUCK)

REQUISITION/DATE: 1000043189/December 1, 2015 INSTALLATION: 88 ABW/CEOES, Wright-Patterson AFB (WPAFB), OH RAILHEAD AND SERVING RAILROAD, if applicable: N/A TRANSPORTATION EQUIPMENT FOR THIS ITEM: Truck

OFFERED PRICES SHALL BE PER NET TON: Delivered to destination and unloaded as directed. All trucks must be sealed and tarped.

Coal must have an unbroken seal on the tailgate with a number that matches the seal number on the truck weigh bill. The seal must be attached to the tailgate in a way that the seal must break in order to dispense coal from the truck. If the seal number does not match the truck weigh bill, the coal will automatically be rejected. Acceptable hours of delivery, Monday through Friday, 7:30 a.m.

to 12:00 noon and 1:00 p.m. to 3:00 p.m., no coal will be accepted on weekends or holidays. Offerors are urged to ascertain methods and locations of unloading by contacting the official at the using activity at (937) 257-7360. Deliver to Kittyhawk Center, Bldg. 1240, Fairburn, OH. One copy of DD250 and analytical report must accompany first daily truck delivery or be faxed (Plant 31240, 937-257- 5215) so as to arrive before the first truck reaches either of these destinations. One copy of the DD250 and analytical report faxed to

(937) 656-1812. *The fouling factor (a measure of alkali (basic) and acidic metal salts) and base/acid ratio must be tested in accordance with ASTM D3682 or D4326. A commercial test report must accompany the initial offer showing the proposed mine’s ability to meet the fouling factor and base acid ratio. If the proposed source is a blend of more than one mine, then retests may be required periodically through the life of the contract at the Government’s request. There are no mercury and chlorine specifications required this year for WPAFB; however, all offerors are still required to submit a commercial test report indicating the mercury and chlorine contents of the mine offered.

COAL SIZE: 1 ¼” X ¼”

% MAX: 5.0

MIN: 14,000

Base/Acid Ratio

MAX: < 0 .24%*

MIN: 35.0

MIN: 2700

(H=1/2W)(Reducing Method)

Fouling Factor

MAX: < 0.20%*

% MAX: 7.0

MIN: 5.0

Mercury (Hg), dry

% MAX: 1.3

Chlorine, wt %, dry

1 ¼” R.H. Screen 8%

¼” R.H. Screen 12%

TOTAL ESTIMATED REQUIREMENT (NET TONS): 18,000 (Requirements type contract will be awarded; no definite quantity guarantee)

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

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

YEAR: 2016

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

JUL: AUG: SEPT: OCT: NOV: 3,000 DEC: 3,000

YEAR: 2017

JAN: 3,000 FEB: 3,000 MAR: 3,000 APR: 3,000 MAY: JUN:

JUL: AUG: SEPT: OCT: NOV: DEC:

MAXIMUM QUANTITY CONTRACTOR SHALL BE OBLIGATED TO FURNISH (NET TONS): 18,000

Except as provided if special contract provision I-0006, I209.13, OPTION TO INCREASE QUANTITY is invoked.

CONTRACTOR SHALL NOT BE REQUIRED TO MAKE ANY DELIVERIES UNDER THIS ITEM AFTER: May 31, 2017 Except as provided if special contract provision I-0005, I209.09, EXTENSION PROVISIONS is invoked).

MAXIMUM ORDER THIS ITEM (NET TONS): 4,000 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 May 1, 2016 through April 30, 2017.

(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

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

OSP-8

UNRESTRICTED FOB TRUCK AT DESTINATION LINE ITEM NO.: 0004-WPAFB, OH

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

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. This line item does not require freeze conditioning or dust suppression.

Offeror agrees to special contract provision I-0005, I209.09, EXTENSION PROVISION: YES: _____ NO: _____

OFFEROR GUARANTEES THE FOLLOWING SPECIFICATIONS FOR THIS LINE ITEM:

% MAX: ______

Base/Acid Ratio

MAX: _________

MIN: ______

MIN: ________

Fouling Factor

MAX: _________

MIN: ______

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.

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-OT (Offer Truck) August 2010

OSP-9

SECTION B LINE ITEM NO.: 0005

UNRESTRICTED (TRUCK)

REQUISITION/DATE: 1000043189/December 1, 2015

INSTALLATION: Joint Systems Manufacturing Center (JSMC), Lima, OH

RAILHEAD AND SERVING RAILROAD, if applicable: N/A

TRANSPORTATION EQUIPMENT FOR THIS ITEM: Truck

OFFERED PRICES SHALL BE PER NET TON: Delivered to destination and unloaded as directed. All trucks must be tarped. Offerors are urged to ascertain methods and locations of unloading by contacting the official at the using activity at (419) 221-9524. Deliveries are not to exceed 10 trucks per day (minimum 3 trucks on delivery days) or 40 trucks per week. Trucks are to arrive at normal duty hours 7:00 a.m. – 2:00 p.m. No deliveries on Saturdays, Sundays, plant shutdowns or holidays. Trucks must untarp to unload. Trucks must use certified weight scales prior to delivery.

COAL SIZE: 1 ¼" X ¼"

% MAX: 6.0

MIN: 13,500

MIN: 30.0

MIN: 2500

MIN: 6.0

MAX: 6.0

% MAX: 0.8

1 ¼" R.H. Screen 5.0%

¼" R.H. Screen 10.0% TOTAL ESTIMATED REQUIREMENT (NET TONS): 5,000 (Requirements type contract will be awarded; no definite quantity guarantee)

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

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

YEAR: 2016

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

JUL: AUG: SEPT: 1,000 OCT: 2,000 NOV: DEC:

YEAR: 2017

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

JUL: AUG: SEPT: OCT: NOV: DEC:

MAXIMUM QUANTITY CONTRACTOR SHALL BE OBLIGATED TO FURNISH (NET TONS): 5,000

Except as provided if special contract provision I-0006, I209.13, OPTION TO INCREASE QUANTITY is invoked.

CONTRACTOR SHALL NOT BE REQUIRED TO MAKE ANY DELIVERIES UNDER THIS ITEM AFTER: May 31, 2017 (Except as provided if special contract provision I-0005, I209.09, EXTENSION PROVISIONS is invoked).

MAXIMUM ORDER THIS ITEM (NET TONS): 3,000 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 May 1, 2016 through April 30, 2017.

(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

OSP-10

UNRESTRICTED SECTION B –OFFER SHEET

FOB TRUCK AT DESTINATION LINE ITEM NO.: 0005 – JSMC Lima, OH

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

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

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

Offeror agrees to special contract provision I-0005, I209.09, EXTENSION PROVISION: YES: _____ NO: _____

OFFEROR GUARANTEES THE FOLLOWING SPECIFICATIONS FOR THIS LINE ITEM:

MIN: _________

MAX: ________

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.

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-OT (Offer Truck) OCT 2007

OSP-11

SECTION B LINE ITEM NO.: 0008

UNRESTRICTED SCHEDULE OF SUPPLIES (RAIL)

REQUISITION/DATE: 1000043189/December 1, 2015

INSTALLATION: U.S. Capitol Power Plant (USCPP), Washington, DC

RAILHEAD AND SERVING RAILROAD, if applicable: Architect of the Capitol/ CSX RR

TRANSPORTATION EQUIPMENT FOR THIS ITEM: 100 ton Hopper Bottom Railcars.

OFFERED PRICES SHALL BE PER NET TON: FOB Railcars at Destination. Deliver 12 railcars per week. Monday or Tuesday deliveries only, 6:30 a.m. to 3:00 p.m. No Friday, Saturday, Sunday, or Federal holiday deliveries. Three (3) working days are required to unload railcars after delivery to USCPP

COAL SIZE: 1 ¼” X ¼", Non Oil-Based Dust Suppressant on all deliveries and Non Oil Based Freeze Conditioning on deliveries from December 2016 through February 2017 for an estimated 5,000 NTS.

% MAX: 5.0

MIN: 12,500

% MAX: 40.5

MIN: 30.0

MIN: 2450

% MAX: 8.0

MIN: 4.5

MAX: 7.0

% MAX: < 1.0

1 ¼” R.H. Screen 5.0%

¼" R.H. Screen 10.0%

TOTAL ESTIMATED REQUIREMENT (NET TONS): 5,000 (Requirements type contract will be awarded; no minimum ordered quantity)

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

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

YEAR: 2016

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

JUL: AUG: SEPT: OCT: NOV: DEC:

YEAR: 2017

JAN: FEB: 2,500 MAR: 2,500 APR: MAY: JUN:

JUL: AUG: SEPT: OCT: NOV: DEC:

MAXIMUM QUANTITY CONTRACTOR SHALL BE OBLIGATED TO FURNISH (NET TONS): 5,000

Except as provided if special contract provision I-0006, I209.13, OPTION TO INCREASE QUANTITY is invoked.

CONTRACTOR SHALL NOT BE REQUIRED TO MAKE ANY DELIVERIES UNDER THIS ITEM AFTER: May 31, 2017 (Except as provided if special contract provision I-0005, I209.09, EXTENSION PROVISIONS is invoked).

MAXIMUM ORDER THIS ITEM (NET TONS): 3,500 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 May 1, 2016 through April 30, 2017.

(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

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UNRESTRICTED SECTION B –OFFER SHEET

FOB RAILCARS AT DESTINATION LINE ITEM NO.0008 – USCPP, DC

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

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

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

FREEZE CONDITIONING (FC) /DUST SUPPRESSION PRICE per NT: $__________

DLA Energy will add coal, transportation and freeze conditioning/dust suppression prices to calculate offeror’s total delivered price.

Offeror agrees to special contract provision I-0005, I209.09, EXTENSION PROVISION: YES: _____ NO: _____

OFFEROR GUARANTEES THE FOLLOWING SPECIFICATIONS FOR THIS LINE ITEM:

% MAX: ________

MIN: ____________

MAX: ________

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.

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 __________ *FC/DS PRICE: $______._____

(*evaluator will not prorate FC/DS cost in evaluation; typically, same product used for both purposes and applies to total quantity)

= ARBTU ____________ TOTAL DELIVERED PRICE $_____._____

(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

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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.

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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)

OSP-15

SECTION – K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

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.

OSP-16

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 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 proceeding 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 outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

FAR 52.212-3/I/II OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (ALTERNATES I/II)

(NOV 2015)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) 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.

“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.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

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

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 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.

https://www.acquisition.gov/ http://www.acquisition.gov/

OSP-17

FAR 52.212-3/I/II Cont’d 124.104) individuals who are citizens of the United States; and

“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.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“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…