Attach. 3- INCIRLIK INSTRUCTIONS

RFP FA5685-08-R-0031 ATTACHMENT 3

INCIRLIK INSTRUCTIONS

Incirlik Instruction 01

INSTRUCTIONS TO FOREIGN VENDORS 24 JAN 07

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.

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.

(End of Instruction)

Incirlik Instruction 02

SUPPLEMENTAL INVOICE INFORMATION 24 JAN 07

DFARS 252.232-7003(b) directs contractors to use an approved electronic submission method for payment requests. The approved method of submission for this contract action is through Wide Area WorkFlow (WAWF) at the following website: https://wawf.eb.mil

If you are not currently registered in WAWF, contact this office for assistance BEFORE attempting to submit your first payment request. In addition, a supplemental letter from this office will provide specific information for your payment requests against this contract action.

Incirlik Instruction 03

BANK LETTER OF GUARANTEE 21 APR 07

a. Within ten (10) calendar days after the date of contract/order, the contractor shall furnish the Contracting Officer a Bank Letter of Guarantee for the performance of the work in the amount specified below and conforming to the format of the sample letter provided (Attachment 3). Failure to furnish the Letter of Guarantee may be deemed a breach of contract.

AMOUNT OF CONTRACT BANK LETTER OF GUARANTEE

Up to $10,000.00 None

$10,000.01 - $25,000.00 25%, not to exceed $5,000.00

$25,000.01 - $100,000.00 20%, not to exceed $15,000.00

$100,000.01 - $500,000.00 15%, not to exceed $50,000.00 over $500,000.00 15%, not to exceed $100,000.00

b. The Bank Letter of Guarantee will be dated as of the contract/order date or as soon thereafter as possible. The Bank Letter of Guarantee shall state that a guarantee has been issued against the awarded contract/order and that the following conditions are in force:

1. When presented by a representative of the U.S. Government against debts due, redemption cannot be contested.

2. Value of the guarantee is to be cited in U.S. Dollars, or if Turkish Lira it shall include the statement “Value in Turkish Lira will correspond to the current exchange rate to U.S. Dollars in effect at the time of redemption”. And it will be equal at all times to the percentage as stated in the criteria above.

3. The Bank Letter of Guarantee shall also state that the bank agrees and consents that the contract/order may be modified by change order or supplemental agreement without effecting the validity of the Bank Letter of Guarantee. The Notice to Proceed (Construction) will not be issued until the approval and acceptance by the Contracting Officer.

c. The Bank Letter of Guarantee will continue in effect throughout the performance period, satisfactory completion of requirements and until expiration of any applicable guarantee period or extension thereof. During the period of warranty an amount equal to five (5) percent of the original contract/order price shall be applicable.

Sample Bank Letter of Guarantee:

DEPARTMENT OF THE AIR FORCE

39TH AIR BASE WING (USAFE)

LETTER OF GUARANTEE

INCIRLIK AB TURKEY

CONTRACTING OFFICER

39 CONS/LGCA

INCIRLIK HAVA USSA

ADANA, TURKEY

LETTER OF GUARANTEE NO:

We are advised that you have concluded a contract with firm Company name, hereinafter called the "contractor," contract reference number Contract number, on Date.

The contract is to Contract Requirements. The total contract price is $Total Contract Value Pursuant to the contract, the contractor must provide security in the amount of 15 percent of the total contract price, ($Total Contract Value X 15%) for timely and satisfactory performance of the contract. Pursuant to the contract, the contractor is authorized to provide such security in the form of a bank guarantee.

Having premised this, we, the Bank Bank Name of City, Country do, hereby covenant to pay to you the sum of $ Dollar Value of Guarantee immediately upon receipt of a written demand by your contracting officer, in which you confirm that the contractor has failed to meet his obligations under the above reference contract. The sum of the guarantee will be paid by check made payable to the Treasurer of the United States within 15 days from receipt of the written demand by the contracting officer. If payment is made after this date, it shall) include 8 1/8% percent interest starting the 16th day after receipt of this written demand. This letter of guarantee will continue in effect until the contract work has been finally accepted by the US Government and will continue thereafter in an amount equal to (5%) of the original contract price, until all applicable guarantees, or extension thereof under the contract have expired. At that time, this document will be given back to us.

We understand that the contract may be modified by change order or supplemental agreement affecting the contract price and/or performance time and we consent to such modifications. If the contract price is thereby increased by at least $15,000, we agree to provide an additional letter of guarantee in the amount 15 percent of the increased contract amount.

This is a Guarantee. Our obligation as the guarantor is independent of the existence and extent of the Contractor's obligation. The rights and obligations arising out of this guarantee are subject of the laws of Turkey.

(Name and address of Guarantor) Signed by:_________________________ Seal or stamp of Guarantor (Name typed underneath signature) Typed Title:________________________ By:______________________________ (Name typed underneath signature) Typed Title:_________________________

Incirlik Instruction 04

OPERATIONS SECURITY 24 JAN 07

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.

Incirlik Instruction 10

IMPORT MATERIALS APPROVAL 11 JUN 08

In accordance with Defense and Economic Cooperation Agreement between the Government of Turkey and the United States of America, materials produced in Turkey shall be used in all construction contracts. If justification is substantiated, import materials may used after approval is granted by 10th Tanker Base Command, Turkish Air Force (TuAF) and Turkish General Staff (TGS).

Successful offeror will be required to submit completed import material lists (IML) to the Contracting Officer upon issuance of Administrative Notice to Proceed (ANTP). Specific instructions will be provided to the contractor during the ANTP phase. Construction Notice to Proceed (CNTP) will be issued within 30 days after receipt of approved IML. Receipt of local TuAF approval may take 1-3 months. TGS approval may take up to 9 months or longer.

If CNTP is not issued within 9 months of the date of submitting IML, the contractor may claim an economic price adjustment covering any increased prices between the end of the ninth month and the actual date of issuance of CNTP. Economic price adjustments are not claimable for any price increases within the first 9 months after the contract award.