FA5685-10-Q-0028.pdf

39 CONS/LGC FA5685 (FOREIGN)

39 UNCU KONTRAT SUBAYLIGI

BINA NO. 485 10.NCU TANKER

US KOMUTANLIGI

INCIRLIK/ADANA

90-322-316-8076

90-322-316-1090

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

FA5685-10-Q-0028 06-Aug-2010

b. TELEPHONE NUMBER

01190-322-316-8075

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 07 Sep 2010

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

FA5685

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE F2G4A2 16. ADMINISTERED BY

F2G4A2 39 MDS UNIT 7095 BOX 185 BLDG 865

GURSES SERDAL

UNIT 7095 BOX 185 BLDG 865

APO AE 09824

TEL: 90-322-3168659 FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

KURT W. MCKAY

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

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 HEREIN.

SB

HUBZONE SB

SET ASIDE: % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

TEL: EMAIL:

2 COPIES

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

FA5685-10-Q-0028

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 9 Months Anesthesia Services

FFP

Anesthesia Non-personal Services. Contractor shall provide all labor, tools, incidental and materials except Government provided equipment necessary to perform anesthesia services as required by the Performance Work Statement.

Incremental funding will be applied per DFARS 252.232-7007. POP 10/1/2010 to

06/30/2011

FOB: Destination

NET AMT

0002 1 Lump Sum Anesthesia Servers - External

FFP

Contractor will be paid for the medical/surgical procedures and consultations off base at a rate that is determined by taking the procedural unit published in the current version of the Turkish medical association (TMA) minimum fee schedule

(TURK TABIPLERI BIRLIGI ASGARI UCRET TARIFESI) This unit value will be multiplied by the annually established Turkish national coversion factor - which can be acquired from the TMA. The resulting value will then be increased by the negotiated profit rate. Incremental funding will be applied per DFARS 252.232-

7007. POP 10/1/2010 to 6/30/2011

0003 1 Lump Sum Services During Labor and Delivery

FFP

Services rendered during labor and delivery will be compensated at a rate of $* per hour to begin after the first 2 hours. Incremental funding will be applied per

DFARS 252.232-7007. POP 10/1/2010 to 6/30/2011

1001 12 Months OPTION Anesthesia Services

FFP

Anesthesia Non-personal Services. Contractor shall provide all labor, tools, incidental and materials except Government provided equipment necessary to perform anesthesia services as required by the Performance Work Statement.

Incremental funding will be applied per DFARS 252.232-7007. OPTION YR 1

POP 7/1/2011 to 06/30/2012

1002 1 Lump Sum OPTION Anesthesia Servers - External

FFP

Contractor will be paid for the medical/surgical procedures and consultations off base at a rate that is determined by taking the procedural unit published in the current version of the Turkish medical association (TMA) minimum fee schedule

(TURK TABIPLERI BIRLIGI ASGARI UCRET TARIFESI) This unit value will be multiplied by the annually established Turkish national coversion factor - which can be acquired from the TMA. The resulting value will then be increased by the negotiated profit rate. Incremental funding will be applied per DFARS 252.232-

7007 OPTION YR 1 POP 7/1/2011 to 6/30/2012

1003 1 Lump Sum OPTION Services During Labor and Delivery

FFP

Services rendered during labor and delivery will be compensated at a rate of $* per hour to begin after the first 2 hours. Incremental funding will be applied per

DFARS 252.232-7007. OPTION YR 1 POP 7/1/2011 to 6/30/2012

2001 12 Months OPTION Anesthesia Services

FFP

Anesthesia Non-personal Services. Contractor shall provide all labor, tools, incidental and materials except Government provided equipment necessary to perform anesthesia services as required by the Performance Work Statement.

Incremental funding will be applied per DFARS 252.232-7007. OPTION YR 2

POP 7/1/2012 to 06/30/2013 .

2002 1 Lump Sum OPTION Anesthesia Servers - External

FFP

Contractor will be paid for the medical/surgical procedures and consultations off base at a rate that is determined by taking the procedural unit published in the current version of the Turkish medical association (TMA) minimum fee schedule

(TURK TABIPLERI BIRLIGI ASGARI UCRET TARIFESI) This unit value will be multiplied by the annually established Turkish national coversion factor - which can be acquired from the TMA. The resulting value will then be increased by the negotiated profit rate. Incremental funding will be applied per DFARS 252.232-

7007. OPTION YR 2 POP 7/1/2012 to 06/30/2013 .

2003 1 Lump Sum OPTION Services During Labor and Delivery

FFP

Services rendered during labor and delivery will be compensated at a rate of $* per hour to begin after the first 2 hours. Incremental funding will be applied per

DFARS 252.232-7007. OPTION YR 2 POP 7/1/2012 to 6/30/2013

3001 12 Months OPTION Anesthesia Services

FFP

Anesthesia Non-personal Services. Contractor shall provide all labor, tools, incidental and materials except Government provided equipment necessary to perform anesthesia services as required by the Performance Work Statement.

Incremental funding will be applied per DFARS 252.232-7007. OPTION YR 3.

POP 7/1/2013 to 06/30/2014.

3002 1 Lump Sum OPTION Anesthesia Servers - External

FFP

Contractor will be paid for the medical/surgical procedures and consultations off base at a rate that is determined by taking the procedural unit published in the current version of the Turkish medical association (TMA) minimum fee schedule

(TURK TABIPLERI BIRLIGI ASGARI UCRET TARIFESI) This unit value will be multiplied by the annually established Turkish national coversion factor - which can be acquired from the TMA. The resulting value will then be increased by the negotiated profit rate. Incremental funding will be applied per DFARS 252.232-

7007. OPTION YR 3 POP 7/1/2013 to 06/30/2014.

3003 1 Lump Sum OPTION Services During Labor and Delivery

FFP

Services rendered during labor and delivery will be compensated at a rate of $* per hour to begin after the first 2 hours. Incremental funding will be applied per

DFARS 252.232-7007. OPTION YR 3 POP 7/1/2013 to 6/30/2014

4001 12 Months OPTION Anesthesia Services

FFP

Anesthesia Non-personal Services. Contractor shall provide all labor, tools, incidental and materials except Government provided equipment necessary to perform anesthesia services as required by the Performance Work Statement.

Incremental funding will be applied per DFARS 252.232-7007. OPTION YR 4.

POP 7/1/2014 to 06/30/2015 .

4002 1 Lump Sum OPTION Anesthesia Servers - External

FFP

Contractor will be paid for the medical/surgical procedures and consultations off base at a rate that is determined by taking the procedural unit published in the current version of the Turkish medical association (TMA) minimum fee schedule

(TURK TABIPLERI BIRLIGI ASGARI UCRET TARIFESI) This unit value will be multiplied by the annually established Turkish national coversion factor - which can be acquired from the TMA. The resulting value will then be increased by the negotiated profit rate. Incremental funding will be applied per DFARS 252.232-

7007. OPTION YR 4 POP 7/1/2014 to 06/30/2015 .

4003 1 Lump Sum OPTION Services During Labor and Delivery

FFP

Services rendered during labor and delivery will be compensated at a rate of $* per hour to begin after the first 2 hours. Incremental funding will be applied per

DFARS 252.232-7007. OPTION YR 4 POP 7/1/2014 to 6/30/2015

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

1001 Destination Government Destination Government

1002 Destination Government Destination Government

1003 Destination Government Destination Government

2001 Destination Government Destination Government

2002 Destination Government Destination Government

2003 Destination Government Destination Government

3001 Destination Government Destination Government

3002 Destination Government Destination Government

3003 Destination Government Destination Government

4001 Destination Government Destination Government

4002 Destination Government Destination Government

4003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-OCT-2010 TO

30-JUN-2012

N/A F2G4A2 39 MDS UNIT 7095 BOX 185 BLDG

GURSES SERDAL

UNIT 7095 BOX 185 BLDG 865

APO AE 09824

90-322-3168659

F2G4A2

0002 POP 01-OCT-2010 TO

30-JUN-2011

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-OCT-2010 TO

30-JUN-2011

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-JUL-2011 TO

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-JUL-2011 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-JUL-2011 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-JUL-2012 TO

30-JUN-2013

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-JUL-2012 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-JUL-2012 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-JUL-2013 TO

30-JUN-2014

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 01-JUL-2013 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 01-JUL-2013 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-JUL-2014 TO

30-JUN-2015

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 01-JUL-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 01-JUL-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.212-1 Instructions to Offerors--Commercial Items JUN 2008

52.212-4 Contract Terms and Conditions--Commercial Items JUN 2010

52.222-50 Combating Trafficking in Persons FEB 2009

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.232-18 Availability Of Funds APR 1984

52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration

OCT 2003

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-1 Site Visit APR 1984

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.245-1 Government Property JUN 2007

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

JAN 2009

252.225-7041 Correspondence in English JUN 1997

252.229-7001 Tax Relief JUN 1997

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

MAR 2008

252.232-7008 Assignment of Claims (Overseas) JUN 1997

252.233-7001 Choice of Law (Overseas) JUN 1997

252.243-7002 Requests for Equitable Adjustment MAR 1998

ADDENDUM TO 52.212-1

Addendum To FAR 52.212-1 - INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2008)

THIS SECTION IS FOR SOLICITATION PURPOSES ONLY. THIS SECTION WILL BE PHYSICALLY

REMOVED FROM ANY RESULTANT AWARD, BUT WILL BE DEEMED INCORPORATED BY

REFERENCE.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2008)

Addendum to 52.212-1(c), Period for Acceptance of Offers. The paragraph is tailored as follows: ―The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers.‖

ADDENDA TO 52.212-1 PROPOSAL PREPARATION INSTRUCTIONS

A. To assure timely and equitable evaluation of the proposal, the offeror must follow the instructions contained herein. The proposal must be complete, self-sufficient, and respond directly to the requirements of this solicitation.

The response shall consist of two (2) separate parts:

PART I – Technical Proposal

PART II – Price Proposal

B. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer’s opinion, adequate price competition exists no additional cost information will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists offerors may be required to submit information other than cost or pricing data to support a determination of price reasonableness.

C. Specific Instructions:

1. PART I – Technical Proposal – Limited to no more than 25 pages – Must contain the following information:

a. Reference factors found at FAR 52.212-2:

(i) Must have at least 5 years experience as an Anesthesiologist.

(ii) Must maintain Basic Life Support, Advanced Cardiac Life Support, and Pediatric Advanced Life

Support Certification.

(iii) Pre-employment physical with immunization will be required with response to solicitation.

(iv) Applicant will submit proof of experience in participation in medical quality assurance and risk management meetings.

(v) Must be able to demonstrate communication in English and pass a written English examination to EFL.

(vi) Must be able to show Continuation Medical Education for a minimum of 60 hours within the past 36 months.

(vii) Provide a copy of criminal background check and consent to any additional checks as required.

(viii) Must show documentation of having worked for 36 months of the past 60 months as a as a fully privileged staff physician in a facility which held active and unrestricted ISQ or AAAHC accreditation during the tenure of the employment counting toward the 36 month minimum.

(ix) Provide proof of experience, over the past 24 months in successfully performing general anesthesia, epidural anesthesia, spinal anesthesia, digital blocks and complete complement of regional blocks. The provider must show proof of experience in rapid sequence intubation.

(x) Provide proof, over the past 12 months, that overall procedural complication rate has been less than three percent, and that the overall post-procedural infection rate has been less than three percent.

(xi) Interviews will be conducted during the Site Visit and the offeror must be interviewed to be considered for award. Interviews will be part of the ranking process.

b. DUE ARTICLE VI OF SUPPLEMENTARY AGREEMENT 3 TO THE DEFENSE AND ECONOMIC

COOPERATION AGREEMENT BETWEEN THE UNITED STATES GOVERNMENT AND THE

GOVERNMENT OF TURKEY, THE UNITED STATES AIR FORCE INTENDS TO AWARD THIS

SOLICITATION TO A BUSINESS CONCERN WITHIN THE COUNTRY OF TURKEY. THEREFORE,

PROPOSALS FROM BUSINESS CONCERNS OUTSIDE OF TURKEY WILL NOT BE CONSIDERED. Turkish concerns must provide the following::

(i) - TAX PAYERS LICENSE – VERGI KAYDI SURETI

(ii) - TRADE CHAMBER REGISTRATION – TICARET ODASI KAYIT SURETI

(iii) - SIGNATURE CIRCULAR – IMZA SIRKULERI

(iv) - COMPANY REGISTRATION IF APPLICABLE – VAR ISE SIRKET SOZLESME SURETI

(v) - CERTIFIED/AUTHORIZED RETAIL/RESELLER DOCUMENTATION FROM MANUFACTURER

AND OR IMPORTER FOR REQUESTED SUPPLIES – TALEP EDILEN MALLARIN ÜRETICISI VEYA

YETKILI ITHALATCISINDAN TEMIN EDILECEK YETKILI/ONAYLI PAREKENDE/SATICILIK

BELGELERI.

f- PHOTOCOPIES OF WRITTEN WARRANTY DOCUMENTS, IF APPLICABLE – GARANTI

GEREKIYOR ISE GARANTI EVRAKLARI SURETLERI.

THE ABOVE DOCUMENTATION MUST BE TRANSLATED AND CERTIFIED IN ENGLISH AND

WILL BE KEPT AS AN ATTACHMENT IN THE FOLDER. THESE DOCUMENTS WILL NOT BE

RETURNED BACK TO THE ORIGINATORS.

2. PART II – PRICE PROPOSAL - Submit original and one (1) copy

(a) Complete blocks 12, 17a, and 30a, b, and c of the SF 1449. In doing so, the offeror accedes to the contract terms and conditions as written in the SOLICITATION, with attachments. The SOLICITATION constitutes the model contract.

(b) Insert proposed unit and extended prices in the Pricing Schedule. The proposal(s) must be submitted for a base period plus one (1) Option Year.

(c) Complete the necessary fill-ins and certifications in provisions. The provisions FAR 52.212-3 and DFARS

252.212-7000 shall be returned along with the proposal.

(d) Complete and return Standard Form 30, Amendment of Solicitation/Modification of Contract (If applicable)

(e) Submit the averaged Profit Rate based on the information provided in the spreadsheet below. The Procedures shown are the same or similar to those shown as evaluation factors. The data below is generated from the Turkish

Medical Association Minimum (TMA) Fee Tariff (Turk Tabipleri Birligi Asgari Ucret Tarifesi) converted to US dollars and should not be changed. The offeror shall provide the Profit Rate percentage that is expected above those listed in the TMA Fee Tariff. This Profit Rate is an average of the profit received above the TMA Fee Tariff listed prices and shall be applied to all procedures regardless of perceived simplicity or difficulty. In the response to the solicitation, the Profit Rate shall be shown as a percentage (%) in the AMOUNT column for Anesthesia

Services - External.

DISIPLINE PROCEDURE

ANESTHESIOLOGY

FEE

GENERAL

SURGERY

Cyst Excision, Benign, less than 1 cm $105

ENT

Myringotomy $157

ORTHO

Knee Arthroscopy (Plica Excision) $314 Shoulder Arthroscopy (Bankart Repair) $535

OB/GYN

Monitoriing During Labor $157

Normal Delivery with Postpartum Vaginal Repair $384

(f) Submit the rate per hour that will be used for the Labor and Delivery CLINs. This rate is establish for use if

Anenesthisa services are required beyond the first 2 hours of a patients labor and delivery. Fees for labor and delivery anesthesia services will be capped at $1,400.00 per delivery unless there is concurrent approval to extend payment by the 39 MDG Chief of Medical Staff. Rate shall be submited as an hourly rate.

3. GENERAL INFORMATION

(1) Offerors should be aware that this is a Turkish Installation and that all access to this installation is granted by the

Turkish Air Force (TURAF). Therefore, SOME DELAYS SHOULD BE ANTICIPATED WHEN HAND

CARRYING PROPOSALS. Offeror should allow sufficient time to arrive and submit the proposals to Contracting

Office (CO) PRIOR to the set closing time. Late proposals will be processed in accordance with FAR 52.212-1(f)

―Late submission, modifications, revisions, and withdrawals of offers.‖ If a gate access is not granted please contact the CO immediately. The Offeror are responsible for coordinating and processing gate pass requests in a timely manner. The United States Government (USG) shall not be held accountable. Furthermore, Offerors must consider that although the duty day is Monday through Friday from 07:30 to 16:30, Offerors may not get to the job site at

07:30 due to TURAF gate entrance procedures. Also, Offerors need to exit the base by 16:30. This may require contractors to stop work, prepare to leave the base, and clean up prior to 16:30. Offerors are encouraged to take this into consideration when proposing a delivery or performance time. The USG shall not be responsible for delays due to in processing or out-processing the base.

(2) INFORMATION REGARDING SUBMISSION OF PROPOSAL:

(i) Proposal due date is: 07 September 2010, at 16:00 p.m. Local Time

(ii) Submit proposal to: 39 th

Contracting Squadron/LGCB

Unit 7090 Box 127

Incirlik AB, TUR 09824

ATTN: Kurt McKay or Leo Rodgers III

(3) FEDERAL HOLIDAYS: The following Federal Legal Holidays are observed by this base:

New Year’s Day 1 January

Martin Luther King’s Birthday Third Monday in January

Presidents Day Third Monday in February

Memorial Day Last Monday in May

Independence Day 4 July

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day 11 November

Thanksgiving Day Fourth Thursday in November

Christmas Day 25 December

ATTENTION POTENTIAL OFFERORS:

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/af_afmc/far/FAR52.000.doc#b522121

IMPORTANT INFORMATION CONCERNING ELIGIBILITY FOR AWARD OF THIS SOLICITATION.

(4) PLEASE PROVIDE THE BELOW INFORMATION/DOCUMENTATION:

A. YOUR COMPANY MUST BE CENTRAL CONTRACTOR REGISTRATION (CCR) REGISTERED IN

ORDER TO SUBMIT AN OFFER OR A BID TO THE 39th CONS.

1. YOU NEED TO HAVE DUNS AND NGACE CODE TO BE REGISTERED ON CCR.

2. THE WEBSITE FOR CCR REGISTRATION: http://www.ccr.gov/

B. NATO CAGE CODE: ________________________________

1. If you do not have a Nato Cage Code, you must contact:

http://www.msb.mil.tr/prgs/tekhizweb/TEKMURACAT/NCAGE/default.asp or

MLLI SAVUNMA BAKANLIGI

TEK.HIZ.D. BSK.LIGI

(TURK MILLI KODLANDIRMA BUROSU)

06100 Bakanliklar, ANKARA

2. Telephone NGACE ASSIGNMENT: 0312-4106184

C. YOUR COMPANY’S “DUNS” NUMBER:________________________________

1. If you do not have a DUNS number, you must contact “Dun and Bradstreet”, at the numbers below to have one assigned, before your quotation will be considered:

U.S.A. OFFICE: ISTANBUL OFFICE:

Phone: 001 610-882-7741 Phone: 0-212-327-2238 ext 122

FAX: 001 610-882-7140 FAX: 0-212-327-2243

WEBSITE: http://www.finar.com.tr

(5) FAILURE TO PROVIDE THE REQUIRED DOCUMENTS AND THE SOLICITATION PROPERLY

FILLED, SIGNED, AND STAMPED MAY CAUSE YOUR OFFERS TO BE CONSIDERED, AND

DETERMINED NON RESPONSIVE.

INSTRUCTIONS TO FOREIGN VENDORS

NOTE 1: Authorization to Foreign Vendors

The contract warrants that it has been duly authorized to operate and do business in the country or countries in which this contract is to be performed, and that it has obtained, at no cost to the United States Government, all necessary licenses and permits required in connections with this contract, and that it will fully comply with all laws, decrees, labor standards and regulations of this country or countries during the performance of this contract.

NOTE 2: Law Governing Contracts

In any dispute arising out of this contract, the decision of which requires consideration of questions of law, the rights and obligations of the parties shall be interpreted in accordance with the substantive laws of the United States of

America.

NOTE 3: Invoices

All invoice amounts shall be reflected in US Dollars or payment may be delayed.

http://www.ccr.gov/ http://www.finar.com.tr/

VAT-EXEMPT PURCHASE

I certify that this purchase (delivery of goods or service) is made for the purpose of common defense and in accordance with the Tax Relief Agreement between Turkey and The United States of America, which was ratified by

Law Number 6426 of June 1954. This purchase is exempt from Value Added Tax according to the Council of

Ministers of the Republic of Turkey decision number 92/2958 or 22 April 1992, published in the Official Gazette dated 21 May 1992, number 21234

KDV’DEN MUAF SATINALMA

Isbu satinalmanin (mal teslimi veya hizmet); Turkiye ile Amerika Birlesid Devletleri arasinda imzalanmis bulunan ve

30 Haziran 1954 tarihli ve 6426 sayili kanunla onaylanmis Vergi Muafiyetleri Anlasmasina uygun olarak ve ortak savunma amaciyla yapildigini onaylariz. Isbu satinalma: 21 May 1992 tarih ve 21234 sayili Resmi Gazetede yayinlanmis olan 22 Nisan 1992 tarih ve 1992/2958 sayili Bakanlar Kurulu Kararina gore katma deger vergisinden mustesnadir.

NOTE TO TURKISH VENDORS:

It is recommended contractors attach their VAT exempt form when submitting their invoices to Defense Finance

Accounting System (DFAS) in Wide Area WorkFlow (WWAF) and/or handcarry to 39 CONS for certification. For the Turkish Government to accept it, a duly appointed Contracting Officer must first certify the VAT exempt form.

HOST NATION LABOR LAWS,

RELATIONS AND STANDARDS

(One Time Special Requirement)

a. The contractor shall be responsible for complying with any and all Turkish labor laws, relations and standards in effect or which shall come into effect during the term of this contract. Such compliance shall pertain to: hours of work, wages, salaries, working conditions, labor relations (including collective bargaining, union agreements etc.), particular workmen’s compensation, social security contributions for all categories of dependents and professionals.

The Contractor and all subcontractors are required to adhere with all safety laws in effect and that may come into effect of the Turkish Government. The Contracting Officer reserves the right to suspend work until such time as adherence to the laws is assured and to remove from the work site any worker found to ignore safety practices. Such suspensions of work or removal of employees shall be at no cost to the Government. Failure by the contractor to correct deficiencies in a reasonable time shall be cause for Termination of Default.

b. Furthermore, the contractor shall safeguard his firm with additional insurance for potential liabilities to Turkish authorities and workers for accidents, injuries or deaths which are imputable to the contractor for failure to observe required safety practices and/or any requirement of paragraph a. above.

c. The contractor shall be totally responsible and shall save harmless the U.S. Government from any and all disputes, claims, or grievance initiated by employees or third parties because of failure to comply with this special contract requirement.

d. Construction contractors shall be responsible for written notification to the local labor benefits office of site work initiation under this contract and shall produce copy of such notice to the Contracting Officer if requested at any time during the completion of the work.

e. With each base pass request the Contractor shall furnish the health insurance and labor benefits employee number to the Turkish Pass and ID.

f. With signature of the offer the contractor warrants that the proposed price(s) include all costs in effect or which shall come into effect during the term of the contract for compliance with this special contract requirement and also for all responsibilities and risks indicated herein.

OPERATIONS SECURITY

In the performance of contract terms and conditions, contractors performing work on Incirlik Air Base may witness or hear of activities which provide them insight into present or future military activities. Each contractor is responsible to ensure its employees and/or subcontractors understand this type of information shall not be discussed and/or spread to any other sources. Infractions on the part of any contractor (or its employees or subcontractor[s]) may result in: 1) Immediate removal of the employee/subcontractor[s] from base, 2) A less than satisfactory past performance record for the project, and/or 3) Debarment actions.

(End of Addendum to FAR 52.212-1)

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

BASIS FOR CONTRACT AWARD

(a) This is a competitive best value acquisition utilizing Lowest Priced Technically Acceptable (LPTA).

Evaluation procedures will be used in accordance with FAR 13.106-2 and 15.3.

(b) An offeror will be determined technically acceptable if no exception is taken to the Performance Work Statement

(PWS), the requirements of the RFP, and the qualifications listed below. The offeror shall submit a statement to that effect. Omission of this statement may result in a determination of technical unacceptability. In order to be considered for award, the offeror’s technical proposal must be rated in all factors as acceptable. To be determined technically acceptable, the offeror must provide all information and/or requirements listed (See Below).

In order to be considered for this requirement offeror’s must the following qualifications (See Addendum to FAR

52.212-1):

(i) Must have at least 5 years experience as an Anesthesiologist. The Standard is met when the applicant has at least 5 years experience as an Anesthesiologist.

(ii) Must maintain Basic Life Support, Advanced Cardiac Life Support, and Pediatric Advanced Life

Support Certification. The Standard is met by maintaining and providing copies of Basic Life Support, Advanced Cardiac Life Support, and Pediatric Advanced Life Support Certification.

(iii) Pre-employment physical with immunization will be required prior to commencement of work. The

Standard is met by completing and providing a copy of a medical physical with current immunizations prior to commencement of employment

(iv) Applicant will submit proof of experience in participation in medical quality assurance and risk management meetings. The standard is met when the applicant shows he/she has participated in (full attendance via sign-in roster) at least four professional staff meetings in the previous 12 months at any ISQ

(International Society for Quality in Health Care, Inc) accredited hospital or any AAAHC (Accreditation

Association for Ambulatory Health Care) facilities. The standard is met when documentation is provided, signed by the Medical Director of the accredited facility, that the applicant has been in attendance at four meetings. The document must include a witness signature and printed witness name and contact information.

(v) Must be able to demonstrate communication in English and pass a written English examination to EFL.

The Standard is met when the applicant has demonstrated communication in English and passes a written

English examination to EFL.

(vi) Must be able to show Continuation Medical Education for a minimum of 60 hours within the past 36 months. The Standard is met by providing documentation of Continuing Medical Education from either the

International Specialty Academy of the medical specialty, the National Specialty Academy of their

Specialty, or a certified program providing Approved Category I CME credit, to include Certified

Advanced Life Support program training. The standard is met when original certificates for CME are provided.

(vii) Provide a copy of criminal background check and consent to any additional checks as required. The

Standard is met when applicant provides a copy of a criminal background check and consent to any additional checks as required.

(viii) Must show documentation of having worked for 36 months of the past 60 months as a as a fully privileged staff physician in a facility which held active and unrestricted ISQ or AAAHC accreditation during the tenure of the employment counting toward the 36 month minimum. The standard is met when the applicant can provide proof that he/she held regular, unrestricted privileges and worked, at least 30 hours per month for 36 months of the past 60 months in an ISQ or AAAHC accredited facility.

(ix) Provide proof of experience, over the past 24 months in successfully performing general anesthesia, epidural anesthesia, spinal anesthesia, digital blocks and complete complement of regional blocks. The provider must show proof of experience in rapid sequence intubation. The standard is met when applicant provides documented proof of successfully performing listed procedures. Documented proof can be in the form of a copy of a billing statement, certified by the Medical Director of the hospital providing care, a patient operation/procedure report note certified by the Medical Director of the hospital providing care, or if performed in an IHQ or AAAHC facility, a letter listing the dates and types of procedures accomplished, signed by the Medical Director of the accredited facility. Each document provided must show a witnessed signature.

(x) Provide proof, over the past 12 months, that overall procedural complication rate has been less than three percent, and that the overall post-procedural infection rate has been less than three percent. The standard is met when applicant provides certified (signed/witnessed) documentation from the Medical

Director of an ISQ or AAAHC facility, stating that Quality Management records for that provider have been screened for complication and infection rate occurrences, and that the rates

(xi) Interviews will be conducted during the Site Visit and the offeror must be interviewed to be considered for award. Interviews will be part of the ranking process. The standard is met when the applicant demonstrates the ability to effectively communicate in English, to include communication using English medical terminology.

(c) Offerors shall propose on all items. Any offer that fails to cite a price for each item or fails to make an entry that indicates service will be provided at no charge will be rejected as non-conforming to this solicitation.

(d) Only firm fixed price offers will be evaluated. An offer using a sliding price scale or subject to escalation based on any contingency will not be accepted.

(e) Offers will be evaluated on a pass/fail basis in their attempt to meet the conditions of the solicitation and the attatched PWS. Offers considered technically acceptable will be ranked by price with the award going to the lowest price with an acceptable rated offer.

(f) Price: Each offeror's proposed price will be evaluated for reasonableness and realism based on the information submitted in the proposal and the profit rate submitted in the Price Evaluation Sheet.

(1) Reasonableness will be determined based on prices submitted by the competition, current market conditions, and comparison to the Government estimate and prior acquisitions, as appropriate.

(2) Realism will be based on an evaluation of prices to determine if they are compatible with the scope of effort, are not unbalanced, and are neither excessive nor insufficient for the effort to be accomplished.

(g) Financial Capability: The financial capability of the prime contractor, critical subcontractors, teaming contractors and/or joint venture partners will be evaluated to determine the offeror’s capability to meet the financial requirements of the solicitation.

(h) The Government intends to award a contract without discussions with respective offerors. The Government, however, reserves the right to conduct discussions if deemed in its best interest.

(2) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(3) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUN 2010) (DEVIATION)

(a) Comptroller General Examination of Record. The Contractor agrees to comply with the provisions of this paragraph (a) if the contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to the right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(i) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1

(41 U.S.C. 251 note).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) Reserved.

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible

Veterans (SEP 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

(vii) Reserved.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--

Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JAN 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 63 months.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

39 CONS

Bldg 485

Incirlik AB, Turkey

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the

GAO.

52.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (JAN 1997)

(a) It is expressly agreed and understood that this is a nonpersonal services contract, as defined in Federal

Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over professional aspects of the services rendered, including by example, the Contractor's professional medical judgment, diagnosis, or specific medical treatments. The

Contractor shall be solely liable for and expressly agrees to indemnify the Government with respect to any liability producing acts or omissions by it or by its employees or agents. The Contractor shall maintain during the term of this contract liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: $500,000 .

(b) An apparently successful offeror, upon request by the Contracting Officer, shall furnish prior to contract award evidence of its insurability concerning the medical liability insurance required by paragraph (a) of this clause.

(c) Liability insurance may be on either an occurrences basis or on a claims-made basis. If the policy is on a claims-made basis, an extended reporting endorsement (tail) for a period of not less than 3 years after the end of the contract term must also be provided.

(d) Evidence of insurance documenting the required coverage for each health care provider who will perform under this contract shall be provided to the Contracting Officer prior to the commencement of services under this contract.

If the insurance is on a claims-made basis and evidence of an extended reporting endorsement is not provided prior to the commencement of services, evidence of such endorsement shall be provided to the Contracting Officer prior to the expiration of this contract. Final payment under this contract shall be withheld until evidence of the extended reporting endorsement is provided to the Contracting Officer.

(e) The policies evidencing required insurance shall also contain an endorsement to the effect that any cancellation or material change adversely affecting the Government's interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. If, during the performance period of the contract the

Contractor changes insurance providers, the Contractor must provide evidence that the Government will be indemnified to the limits specified in paragraph (a) of this clause, for the entire period of the contract, either under the new policy, or a combination of old and new policies.

(f) The Contractor shall insert the substance of this clause, including this paragraph (f), in all subcontracts under this contract for health care services and shall require such subcontractors to provide evidence of and maintain insurance in accordance with paragraph (a) of this clause. At least 5 days before the commencement of work by any subcontractor, the Contractor shall furnish to the Contracting Officer evidence of such insurance.

Contracting Officer insert the dollar value(s) of standard coverage(s) prevailing within the local community as to the specific medical specialty, or specialties, concerned, or such higher amount as the Contracting Officer deems necessary to protect the Government's interests.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

http:/farsite.hill.af.mil/

(End of provision

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http:/farsite.hill.af.mil/

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.204-7007 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (52.204-8) ALTERNATE A (MAY

2010)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 621111.

(2) The small business size standard is $10M..

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes tofurnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

(__) Paragraph (d) applies.

(__) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract…