Attachment_5_OSP-17-R-0400-Final.pdf

SPE600-17-R-0400

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

OSP-1

OFFEROR SUBMISSION PACKAGE (OSP) ATTACHMENT 5

SOLICITATION SPE600-17-R-0400

OFFERS ARE DUE: December 20, 2016 3:00 p.m., Local Fort Belvoir Time (EST)

THIS SOLICITATION COVERS THE ORDERING PERIOD: MAY 1, 2017 THROUGH APRIL 30, 2018

INSTRUCTIONS:

Line Item 0003 is set aside 100% for small business. Line Items 0005 and 0008 are solicited full and open competition. All documents to be completed and returned are contained in this OSP. If faxing your offer, please limit the fax transmission to the contents of your Offeror Submission Package (OSP) to include your signed and dated SF1449, Section B, Schedules (listing offered prices, mine, guarantees), DLA Energy 4.23, AUTHORIZATION AND MINE DESCRIPTION (Attachment 1) and Contractor Performance Data Sheet (Attachment 2).

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

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 – Attachment 1

X Contractor Performance Data Sheet (CPDS) – Attachment 2

X DLA Energy 19.3, Small Business Subcontracting Plan (See Attachment 3)

(*Only large businesses are required to complete the DLA Energy 19.3)

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

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

Offerors must SIGN AND DATE THE SF1449 (PAGE 1 OF SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS). Please list below 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 SPE600-17-R-0400 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/Total Pages: OSP 3 through 40)

Page SECTION B- DLA Energy Forms 6.37 – Schedule of Supplies/Offer Sheets OSP-3 through OSP-11

SECTION F DELIVERIES OR PERFORMANCE

F-0001 F3.05, TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND OSP-12

DETENTION RATES (COAL) (DLA ENERGY AUG 2005)

F-0008 F73.02, DUST SUPPRESSION/FREEZE CONDITIONING OF COAL OSP-12

(DLA ENERGY OCT 1994)

SECTION – K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

FAR 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) OSP-13

FAR 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JULY 2016) OSP-13

FAR 52.204-20 PREDECESSOR OF OFFEROR (JULY 2016) OSP-14

FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015) OSP- 14

FAR 52.209- 7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) OSP- 15

FAR 52.209.11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX OSP-15

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

FAR 52.212-3/1 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS OSP-16

(ALTERNATES I/II) (OCT 2016)

FAR 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) OSP-30

FAR 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984) OSP-30

K-0001 K1.01-7 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL OSP- 30

ITEMS (DLA ENERGY FEB 2009)

K-0002 K15 RELEASE OF UNIT PRICES (DLA ENERGY MAR 2009) OSP-30

K-0003 K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) OSP-31

K-0004 K38 AUTHORIZATION AND MINE DESCRIPTION FORM (DLA ENERGY FEB 1985) OSP- 31

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICE TO OFFERORS

FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (COAL) (TAILORED) OSP- 31

(DLA ENERGY) (JUL 2013)

DLAD PROCUREMENT NOTE L09 REVERSE AUCTION (OCT 2013) OSP- 34

DLAD 52.233-9001 DISPUTES - AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION OSP-34

(NOV 2011)

DLA ENERGY FORM 4.23, REVISED JUNE 2012, AUTHORIZATION AND MINE DESCRIPTION OSP-34 (ATTACHMENT 1)

CONTRACTOR PERFORMANCE DATA SHEET (CPDS) – (ATTACHMENT 2) OSP-35 (ATTACHMENT 2)

DLA ENERGY 19.3, SMALL BUSINESS SUBCONTRACTING PLAN ATTACHMENT 3

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

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

REQUEST FOR COAL TESTING FORM

OSP-3

PART I – THE SCHEDULE

SECTION B

SCHEDULE OF SUPPLIES LINE ITEM NO.: 0003

100% SET-ASIDE FOR SMALL BUSINESS (RAIL)

REQUISITION NUMBER/DATE: 1000051494 /October 12, 2016 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).

MINIMUM SPECIFICATIONS/QUALITY REQUIRED:

Moisture, as received:

% MAX: 5.5

BTUs, dry:

MIN: 13,500

Volatile Matter, dry:

% MAX: 40.5

MIN: 32.0

A.S.T. degrees F

MIN: 2,700

Ash, dry:

% MAX: 10.0

F.S.I.

N/A

Sulfur, dry:

% MAX: 1.1

Hardgrove Grind:

MAX: 70 MIN: 45

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

½” R.H. Screen 10%

TOTAL ESTIMATED REQUIREMENT (NET TONS): 12,000 (Requirements type contract will be awarded)

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

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

YEAR: 2017

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

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

YEAR: 2018

JAN: 2,000 FEB: MAR: APR: MAY: JUN:

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

MAXIMUM QUANTITY CONTRACTOR SHALL BE OBLIGATED TO FURNISH (NET TONS): 12,000

MAXIMUM ORDER THIS ITEM (NET TONS): 5,000 per month.

CONTRACTOR SHALL NOT BE REQUIRED TO MAKE ANY DELIVERIES UNDER THIS ITEM AFTER: May 31, 2018

DFARS 252.216-7006 ORDERING (May 2011) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from May 1, 2017 through April 30, 2018.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.(c)(1) If issued electronically, the order is considered “issued” when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.(2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued” when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.

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

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FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

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

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

(1) Any order for a single item in excess of 5,000 NT per month;

(2) Any order for a combination of items in excess of 5,000 NT per month; or

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

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation

(FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

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

OSP-5

100% SET-ASIDE FOR SMALL BUSINESS

SECTION B –OFFER SHEET

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 GUARANTEES THE FOLLOWING SPECIFICATIONS FOR THIS LINE ITEM:

COAL SIZE: _______________

% MAX: _______

MIN: __________

MIN:_______

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.

MINE DATA USED FOR EVAL (INDICATE)

( ) ARMY TARDEC LAB TIPPLE REPORT

( ) ARMY TARDEC LAB DELIVERED REPORTS

MOISTURE: __________

VOLATILE MATTER, Dry:_________

ASH, DRY: __________

SULFUR, DRY: __________

BTU, DRY: __________

AST, DEGREES F: __________

FSI: __________

HARDGROVE GRIND: __________

( )MINE ACCEPTABLE

( ) MINE UNACCEPTABLE

LB/SB _____HUBZONE _____

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

OSP-6

SECTION B LINE ITEM NO.: 0005

SCHEDULE OF SUPPLIES

UNRESTRICTED (TRUCK)

REQUISITION NUMBER/DATE: 1000051494/October 12, 2016 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"

MINIMUM SPECIFICATIONS/ QUALITY REQUIRED:

% MAX: 6.0

MIN: 13,500

% MAX: 40.0

MIN: 30.0

MIN: 2500

% MAX: 10.0

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): 3,000 (Requirements type contract will be awarded)

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

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

YEAR: 2017

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

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

YEAR: 2018

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

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

MAXIMUM QUANTITY CONTRACTOR SHALL BE OBLIGATED TO FURNISH (NET TONS): 3,000

CONTRACTOR SHALL NOT BE REQUIRED TO MAKE ANY DELIVERIES UNDER THIS ITEM AFTER: May 31, 2018

MAXIMUM ORDER THIS ITEM (NET TONS): 3,000 per month.

DFARS 252.216-7006 ORDEDRING (May 2011) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from May 1, 2017 through April 30, 2018.(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control(c)(1) If issued electronically, the order is considered “issued” when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor. (2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued” when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.

DLA Energy Form 6.37-ST Schedule-Truck (ST) November 3, 2016

OSP-7

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

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

(1) Any order for a single item in excess of 3,000 NT per month;

(2) Any order for a combination of items in excess of 3,000 NT per month; or

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

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation

(FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

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

DLA Energy Form 6.37-ST (Schedule-(Truck) November 3, 2016

OSP-8

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 GUARANTEES THE FOLLOWING SPECIFICATIONS FOR THIS LINE ITEM:

MIN: ________

MIN: _______

MIN: _________

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.

MINE DATA USED FOR EVAL (INDICATE)

( ) ARMY TARDEC LAB TIPPLE REPORT

( ) ARMY TARDEC LAB DELIVERED REPORTS

MOISTURE: __________

VOLATILE MATTER, Dry:_________

ASH, DRY: __________

SULFUR, DRY: __________

BTU, DRY: __________

AST, DEGREES F: __________

FSI: __________

HARDGROVE GRIND: __________

( ) MINE ACCEPTABLE

___________________________________ ( ) MINE UNACCEPTABLE

LB/SB _____HUBZONE _____

DLA Energy 6.37-OT (Offer Truck) November 3, 2016

OSP-9

SECTION B LINE ITEM NO.: 0008

UNRESTRICTED SCHEDULE OF SUPPLIES (RAIL)

REQUISITION NUMBER/DATE: 1000051494/October 12, 2016 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 NT.

MINIMUM SPECIFICATIONS/ QUALITY REQUIRED:

% 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 guaranteed)

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

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

YEAR: 2017

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

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

YEAR: 2018

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

MAXIMUM ORDER THIS ITEM (NET TONS): 3,500 per month.

CONTRACTOR SHALL NOT BE REQUIRED TO MAKE ANY DELIVERIES UNDER THIS ITEM AFTER: May 31, 2018

DFARS 252.216-7006 ORDERING (May 2011) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from May 1, 2017 through April 30, 2018 (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.(c)(1) If issued electronically, the order is considered “issued” when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor. (2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued” when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S.

mail or private delivery services.

OSP-10

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

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

(1) Any order for a single item in excess of 3,500 NT per month;

(2) Any order for a combination of items in excess of 3,500 NT per month; or

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

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation

(FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

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

OSP-11

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 GUARANTEES THE FOLLOWING SPECIFICATIONS FOR THIS LINE ITEM:

% MAX: ________

MIN: ____________

MAX: ________

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.

MINE DATA USED FOR EVAL (INDICATE)

( ) ARMY TARDEC LAB TIPPLE REPORT

( ) ARMY TARDEC LAB DELIVERED REPORTS

MOISTURE: __________

VOLATILE MATTER, Dry:_________

ASH, DRY: __________

SULFUR, DRY: __________

BTU, DRY: __________

AST, DEGREES F: __________

FSI: __________

HARDGROVE GRIND: __________

( ) MINE ACCEPTABLE

_ ( ) MINE UNACCEPTABLE

LB/SB _____HUBZONE _____

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

OSP-12

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.

OSP-13

SECTION – K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

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

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

(a) The offeror certifies that --

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

(i) Those prices;

(ii) The intention to submit an offer; or

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

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

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

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

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

or (2)

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

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

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

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

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

(a) Definitions. As used in this provision—

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

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

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

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

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

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

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

Immediate owner CAGE code:________________________________________

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

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

[ ] Yes or [ ] No.

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

Highest level owner CAGE code:________________________________________

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

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FAR 52.204-20 PREDECESSOR OF OFFEROR (JULY 2016)

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

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

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

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

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

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

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

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

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

Predecessor legal name: ______________________________.

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

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

(a)

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

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

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

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

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

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

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

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

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

(2) Examples.

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

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

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

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

(ii) The Offeror has [[_] has not [_], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

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

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

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(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.

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 vi(see 52.204-7).

52.209-11 – REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION

UNDER ANY FEDERAL LAW (FEB 2016).

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

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(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

FAR 52.212-3/1 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (OCT 2016)

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.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (s) of this provision.

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

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal.

To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’ “.

The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and http://www.sam.gov/portal http://www.dol.gov/fairpayandsafeworkplaces

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(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“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).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal…