RFP_FINAL-USCPP.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000060865

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE604-18-R-0400

5. SOLICITATION NUMBER

2017 DEC 20

6. SOLICITATION ISSUE

DATE

Joan Brickhill PVEFEB3

a. NAME

Phone: 703-767-8524

b. TELEPHONE NUMBER (No Collect calls)

2018 JAN 22

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE604

DLA ENERGY

INSTALLATION ENERGY

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR VA 22060

USA

10. THIS ACQUISITION IS 100UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

211111NAICS:

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

03:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:RECEIVED INSPECTED

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

SPE604-18-R-0400

Source Selection Information – SEE FAR 2.101 and 3.104

Continuation of SF1449:

Block 8:

Receipt of offers are due as follows: Due by 3:00 p.m. Local Ft. Belvoir, VA Time on January 22, 2018.

E-mail offers are accepted in accordance with contract provision, L2.11-4, EMAIL PROPOSALS. E-mailed proposals are the preferred method of submission. The E-mail address for receipt of proposals is dlaenergy.coalteam@dla.mil.

If submitting your proposal by facsimile please send to 703-767-8573, reference the solicitation number and list the date/time of closing on the facsimile cover sheet.

Solicitation SPE604-18-R-0400 and corresponding Offeror Submission Package (OSP) are available, for download, at https://www.fbo.gov/; keyword SPE604-18-R-0400. Copies may be requested via E-mail to dlaenergy.coalteam@dla.mil.

NOTE: This is a negotiated acquisition. However, in accordance with FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (COAL) (TAILORED), paragraph (h)(4), the Government reserves the right not to conduct discussions as determined by the Contracting Officer, and awards may be made on initial offers. Therefore, offerors are urged to submit their best initial offers from a price and technical standpoint.

ALL OFFERS must be F.O.B. destination only (inclusive of transportation to destination).

To qualify the mine proposed, all offerors are required to have the coal they are offering tested by the U.S. Army TARDEC Petroleum Laboratory, 5085 U Avenue, Bldg. 85-3, New Cumberland, PA 17070, before submitting initial offer. See the Instructions for submitting coal samples/sample submission requirements and Request for Coal Testing Form which are contained in Attachment 5 Offeror Submission Package (OSP). Please contact the Product Assurance Division, US Army TARDEC Petroleum Laboratory, New Cumberland, PA, PH: 717-770-6511 with questions pertaining to coal sampling. Mine samples must be paid for and received by the U.S. Army TARDEC Petroleum Laboratory by the date/time set for solicitation closing/offer due date for receipt of initial offers. In addition, if final revised proposals (FRPs) are requested, the sample must be paid for and received by the Army TARDEC Petroleum Laboratory by the date/time set for receipt of FRPs.

In accordance with QUALITY ASSURANCE PROVISION (QAP) E-0002, E1.04, QUALITY PROVISIONS (COAL), mercury and chlorine testing is required for all deliveries under resultant contract and applies to this line item 0008. All offerors must submit a commercial test report, with the initial offer, indicating the mercury and chlorine content for all mines/seams proposed.

In accordance with FAR 9.104-1 (a), in order for the Government to perform financial capability assessment, all offerors are requested to submit with their offer one of the following:

a. The most recent annual report (a web address is acceptable).

b. The most recent 10K report (a web address is acceptable).

c. If an annual report is not available, submit audited financial statements, or financial records showing the financial situation of the company, preferably with an affidavit from an independent auditor or accountant with a brief description of the sources of working capital.

d. Proof of available credit (e.g. line of credit) or sufficient assets to ensure successful contract performance on the line items offered.

Continuation of SF1449:

If coal is to be transported by multiple conveyances, or processing of the coal will be accomplished at various locations, the initial offer must include the specifics of loading/trans-loading. Initial offers must also state where commercial sampling will take place, list the lab/location proposed to do this sampling, and identify which ASTM method will be used, see contract provision E-0002, E1.04- QUALITY PROVISIONS. This can be noted on Attachment 1, DLA Energy form 4.23, Authorization and Mine Description under “Remarks”, or identified separately as Remarks, and submitted with the initial Offeror Submission Package.

DLA ENERGY RESERVES THE RIGHT TO REJECT ANY INCOMPLETE OFFER AS UNACCEPTABLE. Contract will be a requirements type contract with a 2 year period of performance. The period of performance begins May 1, 2018 and goes through April 29, 2020 plus 30 days to complete deliveries. The Period of performance must be listed on the Mine Authorization and signed by an official authorized to commit the quantity, a DLA Energy form 4.23 is required for each mine offered, if not owned.

If a blend of different seams and/or mines is offered, then the percentage of the blend to be offered must be stated on the DLA Energy form 4.23, Authorization and Mine Description, see Attachment 1. Only one mine or blend of mines and/or seams per DLA Energy form 4.23 will be accepted. The proposed method used to blend the coal should be included in the offer. DLA Energy reserves the right to limit the maximum number of mine and/or seam blends to 2.

In accordance with FAR provision 52.204-7 System for Award Management (SAM), paragraph (b)(1), by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

In accordance with DLAD Procurement Note L09, a reverse auction may be conducted to obtain final revised prices for this solicitation. An online reverse auction pricing tool, provided by the service provider Procurex Inc., will be used to conduct the auction. Once the auction is created, you will receive an email notice inviting you to the auction and providing you with the specific date and time of the auction. E-mail updates will be sent if changes are made to the scheduled auction. Acceptance of the clause is required for your company to be considered, please review DLAD Procurement Note L09 (d) regarding participation.

The Small Business Affairs Office can be reached at PH: (703) 767-9465, 1-800-523-2601.

The Command Control Center (CCC) Staff Duty Officer maintains a list of cognizant DLA Energy employees and in the case of emergency will ensure that the appropriate personnel are notified and necessary actions are taken. The CCC Staff Duty Officer can be contacted at (703) 767-8420.

Any contract awarded to a contractor who, at the time of award, was suspended, debarred, or ineligible for receipt of contracts with Government Agencies, or in receipt of a notice of proposed debarment from any Government Agency, is subject to being void at the option of the Government.

Note 1:

FOR ALL SMALL BUSINESS ISSUES: Please call Ms. Virginia Broadnax at 703-767-9400 Email: Virginia.Broadnax@dla.mil

ALL OTHER QUESTIONS IN REGARD TO THIS SOLICITATION MUST BE SUBMITTED VIA EMAIL

BY JANUARY 10, 2018 TO THE FOLLOWING:

Email: dlaenergy.coalteam@dla.mil

Responses will come in the form of an update to the RFP on FedBizOps.gov.

TABLE OF CONTENTS

PART I SCHEDULE

SECTION B – SCHEDULE OF SUPPLIES PAGES

DLA ENERGY 6.37-SR, SECTION B SCHEDULE/OFFER SHEETS 11

B-0001 B18, SET-ASIDE QUANTITIES (DLA ENERGY FEB 1958) 11

SECTION C - DESCRIPTIOINS/SPECIFICATIONS

C-0001 C13, SIZE, SIZE CONSIST, AND PREPARATION (DLA ENERGY OCT 2016) 12

C-0002 C20, SULFUR CONTENT GUARANTEE (DLA ENERGY SEPT 2017) 13

SECTION E - QUALITY ASSURANCE PROVISIONS (QAPS)

DFARS 252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008) 13

E-0001 E1.03, CONTRACTOR INSPECTION RESPONSIBILITIES (COAL) (DLA ENERGY DEC 2011) 13

E-0002 E1.04, QUALITY PROVISIONS (COAL) (DLA ENERGY NOV 2007) 15

E-0003 E22, LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY APR 2016) 15

E-0004 E22.01, QUALITY REPRESENTATIVE (DLA ENERGY JUL 1992) 17

E-0005 E24, DESTINATION INSPECTION AND ACCEPTANCE (COAL) (DLA ENERGY DEC 2011) 17

E-0006 E24.02, DESTINATION INSPECTION AND ACCEPTANCE (COAL) (CONT'D) 18

(DLA ENERGY DEC 2011)

E-0007 E25, SAMPLING AND EVALUATION (COAL) (DLA ENERGY DEC 2011) 19

E-0008 E26.01, SOURCE INSPECTION OF BULK DELIVERIES (COAL) (DLA ENERGY DEC 2011) 21 E-0009 E33.03, CONSIDERATION FOR EXCESS SULFUR AND ASH (COAL) (DLA ENERGY DEC 2011) 22

E-0010 E33.06, MINES (DLA ENERGY APR 1997) 22

E-0011 E35, NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011) 22

SECTION F - DELIVERIES OR PERFORMANCE

FAR 52.211-17 DELIVERY OF EXCESS QUANTITIES (SEPT 1989) 23

FAR 52.247-34 F.O.B DESTINATION (NOV 1991) 23

F-0001 F17.04, CONDITIONS OF RAIL DELIVERIES (COAL) (DLA ENERGY JAN 2012) 24

F-0002 F17.06, CONDITIONS FOR DELIVERIES BY MULTIPLE CONVEYANCES (COAL) 24

(DLA ENERGY JAN 2012)

F-0003 F17.07, CONDITIONS FOR DELIVERY - FLEXI-TRANSPORTATION (RAIL/TRUCK) (COAL) 25

(DLA ENERGY AUG 1996)

F-0004 F21, CONTRACTOR NOTICE REGARDING LATE DELIVERY (DLA ENERGY MAY 2009) 25

F-0005 F62, SHIPMENT AND ROUTING (COAL) (DLA ENERGY NOV 2007) 25

F-0006 F73.02, DUST SUPPRESSION/FREEZE CONDITIONING OF COAL (DLA ENERGY OCT 1994) 26

F-0007 F104, VARIATION IN QUANTITY (COAL) (DLA ENERGY NOV 1991) (DEVIATION) 26

F-0008 F106.01, WEIGHTS AND UNIT OF PURCHASE (COAL) (DLA ENERGY APR 2007) 26

SECTION G CONTRACT ADMINISTRATION

G-0001 G3, INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998) 27

Part II CONTRACT CLAUSES

SECTION I CONTRACT CLAUSES & PROVISIONS

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR 27

EXECUTIVE ORDERS – COMMERICAL ITEMS (NOV 2017)

FAR 52-216-21 REQUIREMENTS (OCT 1995) 32

FAR 52.233-2 SERVICE OF PROTEST (SEP 2006) 32

DFARS 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT 32

REPORTING) (OCT 2016)

DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) 34

DFARS 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA—BASIC (APR 2014) 35

DFARS 252.247-7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (MAR 2000) 37

I-0001 I1.01, DEFINITIONS (DLA ENERGY JUN 2009) 37

I-0002 I1.20-1, CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE 37

(DLA ENERGY JUL 2012)

I-0003 I11.01-2, ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL ITEMS 40

(DLA ENERGY FEB 1996)

I-0004 I11.01-3, EXCESS RE-PROCUREMENT COST CALCULATION FOR CAUSE 40

TERMINATIONS (COAL) (DLA ENERGY JAN 2012)

I-0005 I28.01, FEDERAL, STATE, AND LOCAL TAXES (DLA ENERGY NOV 2011) (DEVIATION) 40

Part III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J – LIST OF ATTACHMENTS

DLA ENERGY 4.23, AUTHORIZATION AND MINE DESCRIPTION Attachment 1 CONTRACTOR PERFORMANCE DATA SHEET – (CPDS) Attachment 2 US ARMY TARDEC PETROLEUM LABATORY (USAPL) COAL BIDDERS MEMORANDUM Attachment 3

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

FAR 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) 41

FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL 41

TRANSACTIONS (SEP 2007)

FAR 52.204-7 OWNERSHIP OR CONTROL OF OFFEROR (JULY 2016) 41

FAR 52.204-20 PREDECESSOR OF OFFEROR (JULY 2016) 42

FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015) 42

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) 43

FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR FAR 44

A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

FAR 52.212-3 FAR 52.212-3 – OFFEROR REPS AND CERTS – COMMERCIAL ITEMS (Nov 2017) 44

FAR 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) 54

FAR 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984) 54

DLAD 52.233-9001 DISPUTES - AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (DEC 2016) 54

K-0001 K15, RELEASE OF PRICES (DLA ENERGY MAR 2009) 54

K-0002 K33.01, AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) 54

K-0003 K38, AUTHORIZATION AND MINE DESCRIPTION FORM (DLA ENERGY FEB 1985) 55

K-0004 K1.01-7 OFFEROR REPRESENTATIONS AND CERTIFICATIONS (COMMERCIAL ITEMS) 55

(DLA ENERGY FEB 2009)

k-0005 K-0005 K1.01-12, SMALL BUSINESS PROGRAM NOTICE (DLA ENERGY JAN 2012) 56

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICE TO OFERORS

FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (COAL) (TAILORED) 57

(DLA ENERGY) (JAN 2017)

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (JAN 2017) 60

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2013)/ DFARS 252.204-7004 ALT A SYSTEM FOR 64

AWARD MANAGEMENT (FEB 2014)

FAR 52.216-1 TYPE OF CONTRACT (APR 1984) 65

L-0001 L1.02, PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991) 65

L-0002 L2.01-1, PROPOSAL PREPARATION INSTRUCTIONS AND PAST PERFORMANCE AND 65

SOCIOECONOMIC PLAN SUBMISSIONS (DLA ENERGY FEB 2015)

L-0003 L2.11-3, FACSIMILE PROPOSALS – COMMERCIAL ITEMS (DLA ENERGY NOV 1999) 66

L-0004 L2.11-4, E-MAIL PROPOSALS (DLA ENERGY OCT 2010) 67

DLAD NOTE L06 AGENCY PROTESTS (DEC 2016) 67

DLAD NOTE L09 REVERSE AUCTION (OCT 2016) 68

SECTION M – EVALUATION FACTORS FOR AWARD

M-0001 M13, EVALUATION OF OFFERS INVOLVING MULTIPLE MINES (DLA ENERGY FEB 1970) 69

FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014) 69

SECTION M – EVALUATION FACTORS FOR AWARD

M-0001 M13, EVALUATION OF OFFERS INVOLVING MULTIPLE MINES (DLA ENERGY FEB 1970) 61

FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014) 61

PART I – THE SCHEDULE

SECTION B

SCHEDULE OF SUPPLIES (RAIL) LINE ITEM NO.: 0008

100% Set-Aside for Small Businesses

REQUISITION NUMBER/DATE: 1000060865/October 11, 2017 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 through February each year for an estimated 5,000 NT.

MINIMUM SPECIFICATIONS/ QUALITY REQUIRED:

Moisture, as received:

% MAX: 5.0

BTUs, dry:

MIN: 12,500

Volatile Matter, dry:

% MAX: 40.5

MIN: 30.0

A.S.T. degrees F

MIN: 2450

Ash, dry:

% MAX: 8.0

MIN: 4.5

F.S.I.

MAX: 7.0

Sulfur, dry:

% MAX: < 1.0

Hardgrove Grind:

N/A

Screen Size Max % Retained On Max % Passing Through

1 ¼” R.H. Screen 5.0%

¼" R.H. Screen 10.0%

TOTAL ESTIMATED REQUIREMENT (NET TONS): 10,000 (Two-year 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:One May 1, 2018 through April 30, 2019

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

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

YEAR:Two May 1, 2019 through April 30, 2020

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): 10,000

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, 2020

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, 2018 through April 30, 2020.

(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.(3) Orders may be issued orally only if authorized in the schedule.

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

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

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

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

(1) Any order for a single item in excess of 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 another source.

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

100% Set-Aside for Small Businesses SECTION B –OFFER SHEET (Offerror Fill-in)

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:

COAL SIZE: _______________

Moisture, as received:

% MAX: ________

BTUs, dry:

MIN: ____________

Volatile Matter, dry:

MIN: ________

A.S.T. degrees F

Ash, dry:

F.S.I.

MAX: ________

Sulfur, dry:

Hardgrove Grind:

N/A

Screen Size Max % Retained On Max % Passing Through

__________ 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

SECTION B – SUPPLIES OR SERVICES

B-0001 B18, SET-ASIDE QUANTITIES (DLA ENERGY FEB 1968)

The total quantities set aside by item and destination are as follows:

ITEM TOTAL NON-SET-ASIDE SET-ASIDE

NO. PRODUCT QUANTITY QUANTITY QUANTITY DESTINATION

0008 BITUMINOUS COAL 10,000 NT 10,000 NT USCPP, DC

SECTION C- DESCRIPTIONS/SPECIFICATIONS

C-0001 C13, SIZE, SIZE CONSIST, AND PREPARATION (DLA ENERGY OCT 2016)

a) DEFINITIONS.

1). TOP SIZE. The sieve (screen) designating the upper limit or top size of a series of screens with the smallest openings upon which coal is cumulatively retained. This is cited as a percentage by weight of coal larger than the defined top size. This requirement is found in the Schedule section of the solicitation/contract (e.g., no more than 5% retained on a 1 ¼ inch screen). The defined top size is not to be confused with the size of the largest lot.

2). BOTTOM SIZE. The sieve (screen) designating the lower limit or bottom size of a series with the largest openings through which the coal passes. This is cited as a percentage by weight of coal smaller than the defined bottom size that passes through a defined bottom size screen. This requirement is found in the Schedule section of the solicitation/contract (e.g., no more than 15 percent passing through a ¼ inch screen). The defined bottom size is not to be confused with the size of the smallest particles in the lot.

b) TEST METHODS. The most recent versions of ASTM D4749 and D2013 shall be used to characterize the samples.

c) SIEVE APPARATUS.

In addition to conforming to all other specifications set forth in this contract, all coal delivered shall be substantially of the size or sizes specified, determined as follows:

1). In all double screened coal (known as prepared sizes), the maximum and/or minimum top size specified shall pass through a round hole perforated screen (or its equivalent), the perforations of which are equal in diameter to the maximum and/or minimum top size specified. The maximum and/or minimum bottom size specified shall be retained on a round hole perforated screen (or its equivalent), the perforations of which are equal in diameter to the maximum and/or minimum bottom size specified.

2). In all single screened coal (known as screenings, slack, or mechanically fired steam coal) the maximum and/or minimum top size specified shall pass through a round hole perforated screen (or its equivalent), the perforations of which are equal in diameter to the maximum and/or minimum top size specified. As single screened coal is purely a resultant product, no maximum and/or minimum bottom can be specified and no bottom screening required.

3). Where "crushed run of mine" or "crushed prepared sizes" are accepted upon award for screenings and/or slack coal as described in (2) above, the maximum and/or minimum top sizes may be determined by adjusting the crusher to that position where the crushed product will not exceed the maximum top size or be less than the minimum top size required. Where such crushed coal is furnished, no screening is required. Run of mine coal shall be full of the mine with no sizes removed. The maximum size will be limited by the contract terms; and lumps exceeding that maximum size shall not be removed but shall be broken or crushed to come within the maximum size limitations.

d) SAMPLE SIZE.

1). When a definite size consist is required, the Schedule for coal will specify the minimum percentage for coal which will be retained or the maximum percentage of coal that will pass through the screen(s).

2). A size consist sample shall be no less than 1,000 pounds which shall be drawn in equal increments from not to exceed 5 carloads or truckloads of coal in any one shipment.

3). The size consist sample shall be drawn in equal increments from 9 points in the car(s) or truck(s). Lay out 3 diagonals (example: [\\\] ) across the car(s) or truck(s), beginning at the right front corner, diagonally across the car(s) or truck(s) to the other side. Three equally spaced collection points shall be designated for each diagonal. The first increments should be taken from the inside of the first diagonal {\\.\]. The 9th increment should be taken from the left rear corner of the 3rd diagonal in the car(s) or truck(s) [‘\\\].

e) SAMPLING. Where single screened and/or crushed coal of a definite size consist is required by the contract, all coal delivered there under shall meet or be better than the size consist specified in the Schedule for coal as determined and reported in accordance with ASTM D 4749, using Round-hole screens. Sampling will not be required if it is obvious upon a visual inspection that the coal fails to meet size consist requirements, and that fact is acknowledged by a Contractor’s representative. The screening test at the receiving activity shall be conclusive as to whether the size consist requirement has been met.

f) NOTIFICATION OF REJECTION AND SAMPLE RETENTION.

1). If the size consists of the car(s) or truck(s) is sampled and screened as described above and fails to meet the sizing required by the

Schedule, the coal may be rejected by the Contracting Officer, the Contractor will be required to remove the coal at its expense. As an alternative, coal rejected for noncompliance of size consist requirements may be accepted at an adjusted price recommended by the receiving activity and agreed to by the Contractor and the Contracting Officer.

2). The screened sample shall be retained in a protected place for seven full days, not counting the day the sample is screened, and shall be available for inspection by the Contractor and/or the Contracting Officer.

Example: Sample Screening Date: Nov 15 Holding Period: Nov 16-22 Destroy Sample: Nov 23

C-0002 C20 SULFUR CONTENT GUARANTEE (DLA ENERGY SEPTEMBER 2017)

The sulfur content of the coal to be furnished under this solicitation must be that percentage specified in the Schedule under MINIMUM QUALITY, or that percentage prescribed by applicable state law or local ordinance in effect on the date specified for receipt of offers, whichever is lower. In the event an applicable State law or local ordinance prescribes a lower percentage of sulfur content than that specified in this solicitation, the lower percentage shall be inserted in the Guaranteed Analysis and the applicable State law or local ordinance shall be identified in the Schedule.

FOR ALASKA: The sulfur content of the coal to be furnished under this solicitation shall not exceed the percentage specified in the Schedule under MINIMUM QUANTITY. In the event applicable law or regulation is changed during the contract term to prescribe a lower percentage of sulfur content other than that specified in the solicitation, the Government and the Contractor shall negotiate in good faith in an attempt to reach a mutually acceptable modification to the contract. Failure to reach an agreement shall be a dispute to be resolved in accordance with paragraph (d) of Clause CONTRACT TERMS AND

CONDITIONS-COMMERCIAL ITEMS (COAL)..

SECTION E - INSPECTION AND ACCEPTANCE - (QUALITY ASSURANCE PROVISIONS (QAPS))

DFARS 252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008)

(a) At the time of each delivery of supplies or services under this contract, the Contractor shall prepare and furnish to the Government a material inspection and receiving report in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense FAR Supplement.

(b) Contractor submission of the material inspection and receiving information required by Appendix F of the Defense FAR Supplement by using the Wide Area WorkFlow (WAWF) electronic form (see paragraph (b) of the clause at) fulfills the requirement for a material inspection and receiving report (DD Form 250). Two copies of the receiving report (paper copies of either the DD Form 250 or the WAWF report) shall be distributed with the shipment, in accordance with Appendix F, Part 4, F-401, Table 1, of the Defense FAR Supplement.

E-0001 E1.03, CONTRACTOR INSPECTION RESPONSIBILITIES (COAL) (DLA ENERGY DEC 2011)

(a) The Contractor shall provide and maintain, and assure that subcontractors provide and maintain, an inspection system acceptable to the Government. The Contractor shall prepare, and assure that subcontractors prepare, a written description covering their procedures and operations directly relating to the supplies to be furnished under this contract: (1) receiving, (2) sampling, (3) testing, (4) calibration of testing and measuring equipment, (5) loading and shipping, and (6) records and reports. The description shall also include the designation of key operational positions. The inspection system, including operations related thereto and performed pursuant to this contract provision, shall be subject to surveillance by the Quality Representative.

(b) The Contractor shall either perform, or provide an independent laboratory acceptable to the Government (see the QUALITY PROVISIONS contract provision) to perform, all sampling and acceptance tests set forth in this contract in order to substantiate conformance of such supplies to the quality required by this contract; when such tests are performed at origin on supplies to be accepted at destination, the Contractor shall further provide, or cause to be provided, at the point and time of acceptance, such evidence of quality that will enable the Government to verify original test results. Such evidence of quality shall consist of an analytical test report, which shall also include barge, railcar and/or truck numbers, mine and seam (or blends) from which the coal originated. The analytical test report will include the air dry loss, as well as the weights of the samples and the number of increments taken.

The method of sampling will also be annotated somewhere in the analysis.

(c) At the time of each shipment under this contract, the Contractor shall prepare and furnish to the Government a Material Inspection and Receiving Report (DD Form 250 series) in the manner and to the extent required by DoD FAR Supplement Appendix F, Material Inspection and Receiving Report, or as stated elsewhere in the contract. The mine and seam (or blends) from which the coal originated will also be annotated on the DD Form 250.

(d) The Contractor shall inspect, prior to loading, all shipping conveyances to determine that such conveyances are suitable for loading.

(e) The Contractor shall keep all quality and quantity records, including DD Form 250 series documents, complete and available to the Government during the performance of this contract and for 3 years after final payment under this contract.

E-0002 E1.04, QUALITY PROVISIONS (COAL) (DLA ENERGY NOV 2007)

RESPONSIBILITY FOR INSPECTION. Unless otherwise specified in the contract, the Contractor is responsible for the performance of all inspection requirements as specified herein. Except as otherwise specified in the contract, the Contractor may use its own or any other facilities suitable for performance of the inspection requirements specified herein, unless disapproved by the Government. The Government reserves the right to perform any inspection deemed necessary to assure supplies and services conform to the contract specifications.

(a) QUALITY CONFORMANCE INSPECTION. Individual lots shall be examined as specified herein and subjected to tests for all requirements cited in the Schedule.

(b) INSPECTION LOT. A lot shall consist of a heterogeneous mixture of coal to be represented by a gross sample.

(c) SAMPLING.

(1) SAMPLING FOR VERIFICATION OF PRODUCT QUALITY. Each lot of coal shall be sampled for verification of product quality in accordance with ASTM D 2234, except as otherwise approved by the Contracting Officer's Quality Representative.

(2) GROSS SAMPLE. A gross sample is a sample representing one lot of coal and composed of a number of increments on which neither reduction nor division has been performed. One gross sample shall represent one lot of a quantity not to exceed 1,000 tons.

FOR ALASKA: One gross sample shall represent one lot of no greater than 10,000 tons. Collect samples in accordance with ASTM D 2234 except that the number of increments collected shall be based on the lot size and shipment loading particulars according to the following schedule: One sample increment shall be taken systematically by the “full-stream cut” condition.

(3) INCREMENT. An increment is a small portion of the lot collected by one operation of a sampling device and normally combined with other increments from the lot to make a gross sample.

(4) INCREMENT COLLECTION CLASSIFICATION.

(i) The type of increment to be collected from the bulk lot shall be Type I as defined in ASTM D 2234.

(ii) The condition of increment collection shall be either Condition A or Condition B as defined in ASTM D 2234.

(iii) The spacing of increments shall be Systematic 1 as defined in ASTM D 2234 and be distributed throughout the entire lot.

(iv) The number and weight of the increments shall be as specified in Table 2 of ASTM D 2234. For example, raw coal with a top size of 2" will require a minimum of 35 increments taken systematically by either "stop-belt" or "moving stream" "condition" from the lot of 1,000 tons or less. Each increment shall weigh a minimum of six pounds.

FOR ALASKA. For purposes of determining size consist, the sampling procedure for stop-belt samples shall be as follows: A size consist sample shall be one stop-belt, two increment samples of a minimum of 25 pounds each. Two increments shall be collected each time the belt is stopped and the belt shall be stopped at least once for every 1,000 tons of coal. The total number of stop-belts shall not exceed three per lot. If the daily total quantity shipped is between 1,000 and 1,500 tons, a second stop-belt will be taken. For example, if the total tonnage shipped to the U.S. Government installations totals 1,140 tons for the day, then two stop-belts with two incremental samples/stop-belt shall be required. For each day’s lot of coal, the first pair of stop-belts shall be taken at approximately 500 tons with successive pairs taken at approximately 1,000-ton intervals thereafter for a maximum of six incremental samples per lot. Each pair of samples shall be taken as far apart as practical between the tripper and the end of the A-Frame building.

(5) MECHANICAL COAL SAMPLING. (i) In response to this solicitation, Contractors proposing to use mechanical sampling equipment to satisfy the collection method for condition B, full stream cut as defined in ASTM D 2234, must include with the offer a detailed description of the sampling procedures, including drawings and operating instructions.

(ii) Contractor's written procedures, will also describe whether this sample method is ASTM approved (or equivalent) and complies with the collection criteria in D 2234 for obtaining a gross sample of coal.

(iii) Mechanical coal sampling systems, procedures and operations related thereto are subject to surveillance by the Quality Representative (QR) and must be acceptable to the Government. The Government's acceptance will be based on an evaluation of the above data and the recommendation/checklist submitted by the QR in accordance with ASTM D 4702.

(d) PREPARING COAL SAMPLES FOR ANALYSIS. The gross sample shall be prepared for analysis in accordance with ASTM D 2013.

(e) TEST METHODS. The standard test methods used for coal to determine conformance to chemical and physical requirements of the contract shall be conducted in accordance with ASTM standards listed in Table I:

TABLE I

TEST ASTM TEST METHOD NUMBER

Moisture, Total (as received) D 3173, D 3302 (D 2013), or D 2961 (to be used for bituminous coal only, total moisture content not to exceed 10% Volatile Matter, Dry D 3175 Ash, Dry D 3174 Sulfur, Dry (1) D 4239 (Method B or C) BTU, Dry D 2015, D 3286, D 1989, or D 5865 Ash Softening Temperature oF (2) D 1857 Mercury, ppm D 3684, D 6722 Chlorine, Percent D 2361, D 6721, D 4208 Fluorine D 3761, D 5987

TEST ASTM TEST METHOD NUMBER

Free Swelling Index D 720 Hardgrove Grindability D 409 Sieve Analysis/Coal Size (3) D 4749 Sodium (Na2O) (4) D 3682 Major and Minor Trace Elements (Mineral Ash) D 6357; D 6349 or D 4326 Slagging and Fouling Characteristics (5) Multi-process calculation

FOOTNOTES

(1) Authorized Alternative Method A or B, ASTM D 3177.

(2) Report ash fusion temperature as tested in a reducing atmosphere.

When H=1/2W is indicated in the Schedule of Supplies, the analysis will report the Hemispherical Temperature (HT).

(3) Disregard Table 3 (D 4749) for gross sample quantity and utilize the Raw (Uncleaned Coal) section of Table 2, ASTM D 2234. Collect the gross sample for sieve analysis by doubling the number of increments listed for Raw (Uncleaned Coal), according to top size, for General Purpose Sampling Procedure (Table 2). The actual weight of the gross sample tested will be shown on the analytical test report. This gross sample is intended for sieve analysis determination only.

(4) When specified in the contract.

(5) Determination process requires initial testing of Major and Minor Trace Elements (Mineral Ash).

(a) Step 1 – Determine the base/acid ratio: (Fe2O3 + CaO + MgO + K2O + Na2O) / (SiO2 + TiO2 + A12O3)

(b) Step 2 – Determine the fouling factor: base/acid ratio is multiplied by NaO value.

(c) Step 3 – Determine the Slagging Factor: base/acid ratio is multiplied by the as received sulfur percent.

(f) LABORATORY ACCEPTANCE.

(1) For evaluation by the Government, the Contractor's laboratory will have available and submit to the QR, at a minimum, the information required by the Sample Worksheet (FIG.X1.1), ASTM D 4182, unless evidence of laboratory accreditation from an independent laboratory association can be supplied by the Contractor.

(2) When applicable, the following requirements will be added as a continuation to the sample worksheet evaluation:

VII GRINDABILITY (Hardgrove - Machine).

A Date of last calibration. Was calibration chart prepared?

B Is revolution counter operating and does it stop automatically after setting at 60 revolutions?

C Are sieving and weighing operations carried out without delay?

VIII FREE-SWELLING INDEX.

A Are proper temperature and rate of temperature rise for either electric or gas heating maintained?

B Do test buttons compare well to the standard profiles?

IX SIEVE ANALYSIS/COAL SIZE.

A Are round hole sieves with a staggered pattern used when sizing for 1/4" or larger coal?

B Do sieve plates show any visible damage?

C Are sieve plates painted, plated, or coated?

D Is a continuous mechanical sieve shaker used?

E Before and after sieving, is the test sample/sieved coal weighed to within .5% or better?

F. Does the scale have a calibration certificate?

E-0003 E22, LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY APR 2016) The following lists shall be used to identify the Government inspection office assigned inspection responsibility for DLA Energy contracts in a particular geographic area. These contracts include, but are not limited to, those for bulk petroleum products and additives, into-plane refueling, petroleum storage and laboratory services, coal, aerospace energy (including compressed gases), and posts, camps, and stations. The area of inspection responsibility and corresponding office code are assigned in paragraphs (a) and (b). The address and phone number of each inspection office by office code is provided in paragraph (c). Unless a particular inspection office is identified in another part of the contract, the assignments in this contract provision shall apply.

(a) AREAS OF RESPONSIBILITY AND OFFICE CODES WITHIN THE CONTINENTAL UNITED STATES (CONUS):

Alabama 110 Maine 110 Oklahoma 110 Arizona 120 Maryland 110 Oregon 120 Arkansas 110 Massachusetts 110 Pennsylvania 110 California 120 Michigan 110 Rhode Island 110 Colorado 120 Minnesota 110 South Carolina 110 Connecticut 110 Mississippi 110 South Dakota 110 Delaware 110 Missouri 110 Tennessee 110 District of Columbia 110 Montana 120 Texas 110 1 Florida 110 Nebraska 110 Utah 120 Georgia 110 Nevada 120 Vermont 110 Idaho 120 New Hampshire 110 Virginia 110 Illinois 110 New Jersey 110 Washington 120 Indiana 110 New Mexico 120 West Virginia 110 Iowa 110 New York 110 Wisconsin 110 Kansas 110 North Carolina 110 Wyoming 120 2 Kentucky 110 North Dakota 110 Louisiana 110 Ohio 110

EXCEPTIONS:

1 The El Paso, Texas, area is assigned to Code 120 (DLA Energy Americas – West).

2 The Newcastle, Wyoming, area is assigned to Code 110 (DLA Energy Americas – East).

(b) AREAS OF RESPONSIBILITY AND OFFICE CODES OUTSIDE THE CONTINENTAL UNITED STATES (OCONUS) (INCLUDING

ALASKA AND HAWAII):

Afghanistan 400 Cyprus 200 Malaysia 300 Singapore 300 Africa 200 3 Egypt 4003 Maldives 300 South America 110 Alaska 300 Europe (Continental) 200 Malta 200 South Korea 300

Antarctica 300 Georgia 200 Mauritius 200 Sri Lanka 300 Armenia 200 Greenland 200 Mexico 110 Syria 400 Ascension Island 110 Hawaiian Islands 300 Midway Island 300 Taiwan 300 Australia 300 Hong Kong 300 Mongolia 300 Tajikistan 400 Azerbaijan 200 Iceland 200 Myanmar 300 Thailand 300 Azores 200 India 300 Nepal 300 Turkey 200 Bahrain 400 Indonesia 300 New Zealand 300 Turkmenistan 400 Bangladesh 300 Ireland 200 North Korea 300 United Arab Bermuda 110 Iran 400 Oman 400 Emirates 400 Bhutan 300 Iraq 400 Pacific Islands United Kingdom 200 Brunei 300 Israel 200 (Central & South) 300 Uzbekistan 400 Cambodia 300 Japan 300 Pakistan 400 Vietnam 300 Canada 110/120 4 Jordan 400 Papua New Guinea 300 Wake Island 300 Canary Island 200 Kazakhstan 400 Philippines 300 Yemen 400 Caribbean Islands 110 Kuwait 400 Qatar 400 Central America 110 Kyrgyzstan 400 Russia 200 Chagos Archipelago 300 Laos 300 Ryukus Islands, Japan 300 China 300 Lebanon 400 Saudi Arabia 400 Comoros 200 Madagascar 200 Seychelles Is. 200

EXCEPTIONS:

3 Except for Egypt, which is assigned to DLA Energy Middle East (Code 400), all other countries in Africa fall under DLA Energy Europe (Code

200).

4 The provinces of Manitoba, Ontario, Quebec, Newfoundland and Labrador, New Brunswick, Nova Scotia, and Prince Edward Island are assigned to

DLA Energy Americas East (Code 110). The rest of Canada falls under DLA Energy Americas West (Code 120).

(c) INSPECTION OFFICES AND CODES.

110. DLA Energy Americas East ATTN: Quality Manager 5

Federal Building, Suite 1005 2320 LaBranch Street Houston, TX 77004-1091 Phone: (713) 750-9514/9561

FAX: (713) 750-0041

120. DLA Energy Americas West

3171 N Gaffey Street San Pedro, CA 90731-1099 Phone: (310) 241-2806/2807

FAX: (310) 241-2836

200. DLA Energy Europe and Africa

Military Mailing Address:

DLA Energy Petroleum Lab ATTN: Quality Manager 5

CMR 422

APO AE 09067-0422

Phone: 49-631-3406-2285/2286 6

FAX: 49-631-3406-2289 6

Commercial Shipping Address:

DLA Energy Petroleum Lab ATTN: Quality Manager Bldg. 320, Rhine Ordinance Barracks

Am Opelkreisel 67663 Kaiserslautern, Germany

300. DLA Energy Pacific

1025 Quincy Avenue, Building 479, Suite 2000 Pearl Harbor, HI 96860-4512 Phone: (808) 473-4307/4287

FAX: (808) 473-4232

400. DLA Energy Middle East

PSC 851, Box 180

FPO AP 09834-2800

Phone: 973-1785-6493 6

FAX: 973-1785-4650 6

[Location: Bahrain]

5 Designated location of the DLA Energy Regional Quality Manager/Pre-Award Survey Monitor.

6 Dial 011 before these numbers when calling from the U.S. When calling these numbers from outside the U.S., use the appropriate international long distance prefix for the country where the call originates.

E-0004 E22.01 QUALITY REPRESENTATIVE (DLA ENERGY JUL 1992)

The Quality Office assigned inspection responsibility under this contract is DLA Energy Americas East, ATTN: Quality Manager, Federal Building, Room 1005, 2320 LaBranch Street, Houston, TX 77004-1091, Phone: (713) 718-3883, ext. 162/161/160, FAX:(713) 718-3891.

E-0005 E24, DESTINATION INSPECTION AND ACCEPTANCE (COAL) (DLA ENERGY DEC 2011)

(a) All coal delivered hereunder shall be inspected at destination to determine (1) that it is reasonably free from slate, bone, sulfur balls, dirt, and other characteristic impurities, and from extraneous foreign matter, including excessive water or moisture in truck delivering coal, (2) that it is not oxidized or weathered, (3) that it is properly prepared and reasonably free from fines, and undersize and oversize coal, and (4) that it is of analytical quality equal to or better than the quality required as set forth in the Minimum Specification Quality Required section of the Schedule of Supplies as evidenced by the Contractor's analytical test report identified with said shipment.

(b) If, upon inspection, the Government determines (1) that any coal delivered hereunder is not reasonably free from slate, bone, sulfur balls, dirt, and other characteristic impurities, or extraneous foreign matter, or in the case of truck delivered coal, from excessive moisture or water, (2) that it is oxidized and/or weathered, or (3) that it is not of analytical quality equal to or better than the quality required as set forth in the Minimum Specification Quality Required section of the Schedule of Supplies as evidenced by the Contractor's analytical test report identified with said shipment, the Contracting Officer may reject the coal by prompt telephonic or telegraphic notice, confirmed in writing, to the Contractor. All notices of rejection shall state the car numbers, or in the case of truck or barge delivery, the proper identifying data, containing the rejected coal and the specific reason or reasons for the rejection. Rejections made by other than the Contracting Officer, or those specifically designated in the contract to make rejections, shall be null and void.

(c) If such notice specifies that the coal rejected is (1) not reasonably free from slate, bone, dirt, and other characteristic impurities or (2) oxidized or weathered, the Contractor may, by telegraphic notice not later than 48 hours after its receipt of the rejection notice, request the Government to sample and analyze the rejected coal. If the coal has been rejected because it is not reasonably free from slate, bone, dirt, and other characteristic impurities, the sample will be analyzed for the dry ash content. If the coal has been rejected because it is oxidized or weathered, the sample will be analyzed for its free swelling index. The collection and preparation of such samples shall be in accordance with the "Quality Assurance Procedures for Receipt of Coal Procured through DLA Energy (DLA Energy M 4185.1)," except that the rejected coal shall not be unloaded and the samples shall be taken from the tops of the cars, trucks, or barges. The Contractor may be present at the taking of such sample, but the absence of the Contractor shall not be grounds for setting aside the results of the analysis of the samples. The United States Department of Energy (DOE) or U.S. Army Petroleum Center (USAPC) shall make the analysis of each such sample, and such analysis shall be final and conclusive on the parties hereto.