FA5685-10-R-0019.doc

Section B - Supplies or Services and Prices

Reconfigure WHSE Mezzanine for LRS ADMIN

FFP

Reconfigure WHSE Mezzanine for LRS ADMIN

FFP

Project LJYC 10-1025

Contractor is responsible for but not limited to, the reconfiguration of existing Mezanine, Create new offices in the unfinished storage space upstairs in bldg. 252 c/w architectural, electrical and mechanical (HVAC) system

2. Expand exterior parking space c/w concrete pavement and area lighting

3. Provide individual entrance to building for new offices c/w stairs

4. Expand/fully renovate the existing restrooms at upstairs c/w electrical and HVAC system

FOB: Destination

Project LJYC 10-1025

Sgnal code: A

FOB: Destination

NSN: N099-99-009-50700

SIGNAL CODE: A

NET AMT

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

DELIVERY INFORMATION

GUNALP GUNYASAR

39CES/CECEP BLDG 444 UNIT 7065

APO AE 09824

676-6333

FOB: Destination F2G3C2

CLAUSES INCORPORATED BY REFERENCE

Section H - Special Contract Requirements

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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)

CLAUSES INCORPORATED BY FULL TEXT

Incirlik Instruction 02

HAZARDOUS MATERIALS/

5 APR 07

HAZMAT AUTHORIZATION

This local instruction is provided in addition to FAR Clause 52.223-3 “Hazardous Materials Identification and Material Safety Data (JAN 1997) and DFARS Clause 252.223-7000 “Hazard Warning Labels (DEC 1991). In accordance with AFI 32-7086, all contractors must obtain authorization for all HAZMAT (hazardous materials), which they intend to use for each project. HAZMAT includes all items covered under the Emergency Planning and Community Right-to-Know Act (EPCRA) (or other host nation, federal, state, or local) reporting requirement, the Occupational Safety and Health Administration (OSHA) Hazard Communication (HAZCOM) Standard, and all Class I and Class II Ozone Depleting Substances (ODS).

Contractors must include all HAZMAT on the materials submittal list. The contractor shall initiate the authorization procedure for HAZMAT items by completing an AF Form 3952 for each material. The MSDS (material safety data sheet) in English must be attached to the AF Form 3952. The contractor must take the Form 3952 and the MSDS to the following organizations for review and approval: Safety (39 ABW/SE), Bioenvironmental Engineering (39 MDG/SGOAB), and Environmental (39 CES/CECV). The contractor may not bring any HAZMAT onto the base prior to approval of the Form 3952. Form 3952 is available from the Environmental Office or the HAZMART Pharmacy.

When the HAZMAT is authorized, the Form 3952 must be taken to the HAZMART Pharmacy for entry into the Air Force HAZMAT tracking system. Copies of the authorized Form 3952 shall also be given to the Contracting Officer and the Fire Department.

Contractors shall use a tracking system for tracking and reporting HAZMAT transactions and shall submit a letter of HAZMAT usage upon the completion of the project to Environmental (39 CES/CECV). The letter shall list the HAZMAT and the quantities used during all phases of the project.

HAZMAT Storage

After the contractor has received authorization to bring HAZMAT items onto the base, they must prepare a storage area for the materials. Liquid HAZMAT items must be stored over a secondary containment device. Incompatible materials may not be stored in the same secondary containment area. Transfer of HAZMAT into unmarked containers is not allowed. The contractor shall maintain an inventory of the types and quantity of HAZMAT stored at the project site. They must also have a binder with all of the MSDSs in both Turkish and English available for use by employees and emergency responders. This applies to any on base location used by the contractor for HAZMAT storage (construction sites, offices and staging areas). All HAZMAT storage areas and documentation shall be open to inspection by Air Force agents.

HAZMAT Characteristics

The following table lists some of the general characteristics for hazardous materials. The table is not all-inclusive.

Typical Hazardous Materials Characteristics

The item is a health or physical hazard. Health hazards include carcinogens, corrosive materials, irritants, sensitizers, toxic materials, and materials which damage the skin, eyes, or internal organs. Physical hazards include combustible liquids, compressed gasses, explosives, flammable materials, organic peroxides, oxidizers, pyrophoric materials, unstable (reactive) materials and water-reactive materials.

The item and/or its disposal are regulated by the Republic of Turkey because of its hazardous nature.

The item contains asbestos, mercury, or polychlorinated biphenyls.

The item has a flashpoint below 93(C (200(F) closed cup, or is subject to spontaneous heating or is subject to polymerization with release of large amounts of energy when handled, stored, and shipped without adequate control.

The item is a flammable solid or is an oxidizer or is a strong oxidizing or reducing agent with a standard reduction potential of greater than 1.0 volt or less than -1.0 volt.

In the course of normal operations, accidents, leaks, or spills, the item may produce dusts, gases, fumes, vapors, mists, or smokes with one or more of the above characteristics.

The item has special characteristics, which in the opinion of the manufacturer or the DoD Components could cause harm to personnel if used or stored improperly.

The following chemicals are ozone-depleting substances. They are typically used in HVAC units. These chemicals are not authorized for use on the base.

Ozone Depleting Chemicals: Class I Ozone Depleting Chemicals

Halocarbon

Molecular

Number

Formula

Name

CFC-11

CCl 3F

Trichlorofluoromethane

CFC-12

CC1 2F 2

Dichlorodifluoromethane

CFC-113

C 2C1 3F 3

Trichlorotrifluoroethane

CFC-114

C 2C1 2F 4

Dichlorotetrafluoroethane

CFC-115

C 2C1F 5

Chloropentafluoroethane

Halon 1211

CF 2C1Br

Bromochlorodifluoromethane

Halon 1301

CF 3Br

Bromotrifluoromethane

Halon 2402

C 2F 4Br 2

Dibromotetrafluoroethane

CFC-13

CC1F 3

Chlorotrifluoromethane

CFC-111

C 2C1 5F

Pentachlorofluoroethane

CFC-112

C 2C1 4F 2

Tetrachlorodifluoroethane

CFC-211

C 3C1 7F 3

Heptachlorofluoropropane

CFC-212

C 3C1 6F 2

Hexachlorodifluoropropane

CFC-213

C 3C1 5F 3

Pentachlorotrifluoropropane

CFC-214

C 3C1 4F 4

Tetrachlorotetrafluoropropane

CFC-215

C 3C1 3F 5

Trichloropentafluoropane

CFC-216

C 3C1 2F 6

Dichlorohexafluoropropane

CFC-217

C 3C1F 7

Chloroheptafluoropropane

Carbon Tetrachloride C1 4

Tetrachloroethane

Methyl Chloroform

CHC1 3

Dichloromethane (all isomers)

Methyl Bromide

Class II Ozone Depleting Chemicals

Halocarbon

Molecular

Number

Formula

Name

HCFC-12

CHC1 2F

Dichloromethane

HCFC-22

CHC1F 2

Chlorotrifluoromethane

HCFC-121

C 2HC1 4F

Pentachlorofluoroethane

HCFC-122

C 2HC1 3F 2

Trichlorotrifluoroethane

HCFC-123

C 2HC1 2F 3

Trichlorotrifluoroethane

HCFC-124

C 2HC1F 4

Chloropentafluoroethane

HCFC-131

C 2H 2C1 3F

Trichlorofluoromethane

HCFC-132

C 2H 2C1 2F 2

Dichlorodifluoromethane

HCFC-133

C 2H 2C1F 3

Chlorotrifluoromethane

HCFC-141

C 2H 3C1 2F

Trichlorofluoromethane

HCFC-142

C 2H 3C1F 2

Chlorotrifluoromethane

The use of materials containing the following compounds must be minimized. HAZMAT containing these chemicals will be evaluated on a case-by-case basis.

EPA-17 Industrial Toxic Chemicals:

1. Benzene

10. Methyl Ethyl Ketone

2. Cadmium and Cadmium Compounds

11. Methyl Isobutyl Ketone

3. Carbon Tetrachloride

12. Nickel and Nickel Compounds

4. Chloroform

13. Tetrachloroethylene

5. Chromium and Chromium Compounds

14. Toluene

6. Cyanide & Cyanide Compounds

15. Trichloroethane

7. Lead & Lead Compounds

16. Trichloroethylene

8. Mercury & Mercury Compounds

17. Xylenes

9. Methylene Chloride

(End of Instruction)

CLAUSES INCORPORATED BY FULL TEXT

Incirlik Instruction 03

GATE PASSES

24 JAN 07

Performance of this contract is located on a Turkish Air Force installation, and all access to the installation is controlled and granted by the Turkish Air Force (TAF) Security Battalion.

Our office will certify applications for gate passes for Turkish pass and ID. The Turkish Air Force will coordinate with contractors to attain the necessary documents and information to grant access to the installation. The U.S. government will not be held liable for any delays or breach of contract caused by refusal of the Turkish Air Force to grant a gate pass to a contractor. If a gate pass is not granted to a contractor allowing the delivery of goods, execution of warranty support, or performance of services please contact the contracting officer immediately.

NOTE: Below is a number to the Turkish Air Force Pass and ID for all gate pass issues: 322-316-4184 or 322-316-4186

(a) Prior to commencing work the Contractor shall furnish a complete list of all vehicles and personnel involved in the accomplishment of the contract work to the Turkish Air Force Pass and ID or designated representative to ensure access to the respective installations. The following information must be furnished on this list:

Vehicles: Make, model, year of manufacture, capacity, type, license number, and insurance policy number. Personnel: First and last name, date of birth, place of birth, passport or identification card number, place of residence and any such other information, as required, to satisfy individual air base or army security regulations governing access to granting of passes to the particular military establishment.

(b) All passes may be obtained from the Turkish Air Force Pass and ID or designated representative approximately 10 days after the aforementioned lists have been submitted. The contractor shall inform all assigned workers that they may be subject to search, at the discretion of the installation commander, when entering or leaving the installation.

(c) Installation passes will be returned immediately to the Issuing Officer when:

(1) Pass has expired.

(2) Pass holder is no longer employed by the Contractor.

(3) Contract is completed.

(4) Issuing Officer so directs.

(End of Instruction)

CLAUSES INCORPORATED BY FULL TEXT

Incirlik Instruction 05

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.

(End of Instruction)

CLAUSES INCORPORATED BY FULL TEXT

Incirlik Instruction 06

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.

(End of Instruction)

Incirlik Instruction 07

TRANSPORTATION INSTRUCTIONS

24 JAN 07

Contract administration for transportation requirements have been delegated to the following contract administration office:

DCMA:

San Diego

ATTN:

DCMDW-GSTB-T

7675 Dagget St., STE 200

San Diego, CA 92111-2241

DCMA Phone Number:

(619) 495-7619

DCMA FAX Number: (619) 495-7660

TAC #:

TCN:

MARK FOR: (PO NUMBER)

TRANSHIPMENT TO: BASE SUPPLY RECEIVING, BLDG 252, INCIRLIK

Before transporting material to the port to exit, contact the above POC at the telephone number listed at least 10 days before shipment for coordination.

FOB: Port of exit as decided by the transportation officer of Defense Contracting Management Area Office (DCMAO).

(End of Instruction)

Incirlik Instruction 08

DELIVERY TIMES

The following delivery times are established for delivery of item(s) for local vendors:

MONDAY- THURSDAYS:

08:00 A.M. TO 3:00 P.M.

FRIDAYS:

08:00 A.M. TO 2:00 P.M.

All vendors shall have a delivery ticket with each delivery. The delivery ticket will ensure prompt processing of your payment.

(End of Instruction)

Incirlik Instruction 09

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 Instruction) 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.

(End of Instruction)

Section I - Contract Clauses

ATTACHEMENTS

ATTACHMENTS

DOCUMENT TYPE

DESCRIPTION

PAGES

DATE

Attachment 1

Specifications

JUNE 2010

Attachment 2

Drawings

JULY 2010

Attachment 3

AF Form 66 / INC 1106

Undated

Attachment 4

AF Form 3052 / INC 1101

Undated

Attachment 5

Past Performance Questionnaire

Undated

Attachment 6 Site Visit Reservation Form 1 Undated

CLAUSES INCORPORATED BY REFERENCE

52.236-12 CLEANING UP (APR 1984)

The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the Government. Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer.

(End of clause)

252.225-7041 CORRESPONDENCE IN ENGLISH (JUNE 1997)

The Contractor shall ensure that all contract correspondence that is addressed to the United States Government is submitted in English or with an English translation.

(End of clause)

252.229-7001 TAX RELIEF (JUN 1997)

(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price:

NAME OF TAX: (Offeror Insert) RATE (PERCENTAGE): (Offeror Insert)

(b) The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.

(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.

(End of clause)

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (MAR 2008)

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

(1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal Acquisition Regulation.

(2) Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.

(3) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when--

(1) The Contracting Officer authorizes use of another electronic form. With such an authorization, the Contractor and the Contracting Officer shall agree to a plan, which shall include a timeline, specifying when the Contractor will transfer to WAWF;

(2) DoD is unable to receive a payment request or provide acceptance in electronic form;

(3) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer's determination with each request for payment; or

(4) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System).

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payments requests.

(End of clause)

252.247-7023 Transportation of Supplies by Sea (MAY 2002)

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

(1) "Components" means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.

(2) "Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

(3) "Foreign flag vessel" means any vessel that is not a U.S.-flag vessel.

(4) "Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.

(5) "Subcontractor" means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.

(6) "Supplies" means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

(ii) "Supplies" includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing.

(7) "U.S.-flag vessel" means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if--

(i) This contract is a construction contract; or

(ii) The supplies being transported are--

(A) Noncommercial items; or

(B) Commercial items that--

(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it contracts for f.o.b. destination shipment);

(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or

(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643.

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that --

(1) U.S.-flag vessels are not available for timely shipment;

(2) The freight charges are inordinately excessive or unreasonable; or

(3) Freight charges are higher than charges to private persons for transportation of like goods.

(d) The Contractor must submit any request for use of other than U.S.-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum --

(1) Type, weight, and cube of cargo;

(2) Required shipping date;

(3) Special handling and discharge requirements;

(4) Loading and discharge points;

(5) Name of shipper and consignee;

(6) Prime contract number; and

(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose.

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW., Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:

(1) Prime contract number;

(2) Name of vessel;

(3) Vessel flag of registry;

(4) Date of loading;

(5) Port of loading;

(6) Port of final discharge;

(7) Description of commodity;

(8) Gross weight in pounds and cubic feet if available;

(9) Total ocean freight in U.S. dollars; and

(10) Name of the steamship company.

(f) The Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief--

(1) No ocean transportation was used in the performance of this contract;

(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;

(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all non-U.S.-flag ocean transportation; or

(4) Ocean transportation was used and some or all of the shipments were made on non-U.S.-flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:

ITEM

CONTRACT

QUANTITY

DESCRIPTION

LINE ITEMS

TOTAL_______________________________________________________________

(g) If the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of non-U.S.-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.

(h) In the award of subcontracts for the types of supplies described in paragraph (b)(2) of this clause, the Contractor shall flow down the requirements of this clause as follows:

(1) The Contractor shall insert the substance of this clause, including this paragraph (h), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (h), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(End of clause)

5352.201-9101 Ombudsman. OMBUDSMAN (APR 2010)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, concerned parties may contact the Center/MAJCOM ombudsmen:

Primary:

David Jones

HQ USAFE/A7K, UNIT 3050, Box 10, APO AE 09094-0110

HQ USAFE/A7K, Flugplatz Ramstein, 66877 Ramstein Germany

E-mail: david.jones@ramstein.af.mil Tel: 0049-637-147-2209, Fax: (49)-6731-47-2025

Alternate:

Heidi Hoehn

HQ USAFE/A7K, UNIT 3050, Box 10, APO AE 09094-0110

HQ USAFE/A7K, Flugplatz Ramstein, 66877 Ramstein Germany

E-mail: heidi.hoehn@ramstein.af.mil

Tel: 0049-637-147-9330, Fax: (49)-6731-47-2025

Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (703) 588-7004, facsimile number (703) 588-1067.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.

(End of clause)

5352.242-9000 Contractor access to Air Force installations.

CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (JUN 2002)

(a) The contractor shall obtain base identification and vehicle passes for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or security police for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, and valid vehicle insurance certificate to obtain a vehicle pass.

(c) Our office will certify applications for gate passes for Turkish pass and ID. The Turkish Air Force will coordinate with contractors to attain the necessary documents and information to grant access to the installation. The U.S. government will not be held liable for any delays or breach of contract caused by refusal of the Turkish Air Force to grant a gate pass to a contractor. If a gate pass is not granted to a contractor allowing the delivery of goods, execution of warranty support, or performance of services please contact the contracting officer immediately. Below is a number to the Turkish Air Force Pass and ID for all gate pass issues: 322-316-4184 or 322-316-4186

(d) Performance of this contract is located on a Turkish Air Force installation, and all access to the installation is controlled and granted by the Turkish Air Force (TAF) Security Battalion.

(e) Prior to commencing work the Contractor shall furnish a complete list of all vehicles and personnel involved in the accomplishment of the contract work to the Turkish Air Force Pass and ID or designated representative to ensure access to the respective installations. The following information must be furnished on this list:

Vehicles: Make, model, year of manufacture, capacity, type, license number, and insurance policy number. Personnel: First and last name, date of birth, place of birth, passport or identification card number, place of residence and any such other information, as required, to satisfy individual air base or army security regulations governing access to granting of passes to the particular military establishment.

(f) All passes may be obtained from the Turkish Air Force Pass and ID or designated representative approximately 10 days after the aforementioned lists have been submitted. The contractor shall inform all assigned workers that they may be subject to search, at the discretion of the installation commander, when entering or leaving the installation.

(g) Installation passes will be returned immediately to the Issuing Officer when:

(1) Pass has expired.

(2) Pass holder is no longer employed by the Contractor.

(3) Contract is completed.

(4) Issuing Officer so directs.

(h) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

(1) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, Volume 1, The Air Force Installation Security Program, and AFI 31-501, Personnel Security Program Management, as applicable.

(j) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

(k) Failure to comply with these requirements may result in withholding of final payment.

(End of clause)

Section J - List of Documents, Exhibits and Other Attachments

ATTACHMENTS

ATTACHMENTS

DOCUMENT TYPE

DESCRIPTION

PAGES

DATE

Attachment 1

Specifications

JUNE 2010

Attachment 2

Drawings

JULY 2010

Attachment 3

AF Form 66 / INC 1106

Undated

Attachment 4

AF Form 3052 / INC 1101

Undated

Attachment 5

Past Performance Questionnaire

Undated

Attachment 6 Site Visit Reservation Form 1 Undated

The above attachments will be provided to each offeror on a CD-ROM prior to or at a time of the scheduled Pre-Proposal Conference/Site Visit.

Section K - Representations, Certifications and Other Statements of Offerors

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--REPRESENTATION (JUL 2009)

(a) Definition. Inverted domestic corporation means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

(b) Relation to Internal Revenue Code. A foreign entity that is treated as an inverted domestic corporation for purposes of the Internal Revenue Code at 26 U.S.C. 7874 (or would be except that the inversion transactions were completed on or before March 4, 2003), is also an inverted domestic corporation for purposes of 6 U.S.C. 395 and for this solicitation provision (see FAR 9.108).

(c) Representation. By submission of its offer, the offeror represents that it is not an inverted domestic corporation and is not a subsidiary of one.

(End of provision)

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 (insert NAICS code).

(2) The small business size standard is (insert size standard).

(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 or fixed-price contract with economic price adjustment is contemplated, unless--

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business).This provision applies to solicitations that--

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vi) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xv) 52.225-2, Buy American Act Certificate.