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Repair/Replace Existing Pumps with Efficiency Ones, B12, 13
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FA5685-11-R-0023
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Solicitation FA5685-11-R-0023 Repair/Replace Existing Pumps with Efficiency Ones B12 13. Proposals are Due 14 Jul 2011 at 1000hrs.

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Section B - Supplies or Services and Prices

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lump Sum

Replace Existing Pumps

FFP

SERVICES NON -PERSONAL: Provide all labor, equipment, and materials as shown on the contract documents to Repair/Replace Existing Pumps with Efficiency Pumps, B12, 13 in accordance with attached Specifications and Drawings.

Period of Peformance is 188 calendar days after issuance after the Construction Notice to Proceed (CNTP).

FOB: Destination

SIGNAL CODE: A

NET AMT

Section E - Inspection and Acceptance

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

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
UIC
0001
188 dys. ADC
1
F2G3C1 39 CES/CECED

RALPH GIRTON

39 CES/CECMAR BUILDING 466 10TH TANKER BA

APO AE 09824

90-322-3166582

FOB: Destination F2G3C1

CLAUSES INCORPORATED BY REFERENCE

52.211-13
Time Extensions
SEP 2000
52.242-14
Suspension of Work
APR 1984

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 188 calendar days after issuance of the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

*The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

(End of clause)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $287.11 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1
Definitions
JUL 2004
52.203-3
Gratuities
APR 1984
52.203-5
Covenant Against Contingent Fees
APR 1984
52.203-7
Anti-Kickback Procedures
OCT 2010
52.203-8
Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity
JAN 1997
52.203-10
Price Or Fee Adjustment For Illegal Or Improper Activity
JAN 1997
52.203-12
Limitation On Payments To Influence Certain Federal Transactions
OCT 2010
52.204-4
Printed or Copied Double-Sided on Recycled Paper
AUG 2000
52.204-9
Personal Identity Verification of Contractor Personnel
JAN 2011
52.209-6
Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
DEC 2010
52.215-2
Audit and Records--Negotiation
OCT 2010
52.215-8
Order of Precedence--Uniform Contract Format
OCT 1997
52.222-21
Prohibition Of Segregated Facilities
FEB 1999
52.222-22
Previous Contracts And Compliance Reports
FEB 1999
52.222-27
Affirmative Action Compliance Requirements for Construction
FEB 1999
52.222-50
Combating Trafficking in Persons
FEB 2009
52.223-5
Pollution Prevention and Right-to-Know Information
AUG 2003
52.225-13
Restrictions on Certain Foreign Purchases
JUN 2008
52.225-14
Inconsistency Between English Version And Translation Of Contract
FEB 2000
52.229-6
Taxes--Foreign Fixed-Price Contracts
JUN 2003
52.232-5
Payments under Fixed-Price Construction Contracts
SEP 2002
52.232-17
Interest
OCT 2010
52.232-27
Prompt Payment for Construction Contracts
OCT 2008
52.233-1
Disputes
JUL 2002
52.233-3
Protest After Award
AUG 1996

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)

CLAUSES INCORPORATED BY REFERENCE

52.233-4
Applicable Law for Breach of Contract Claim
OCT 2004
52.236-2
Differing Site Conditions
APR 1984
52.236-6
Superintendence by the Contractor
APR 1984
52.236-7
Permits and Responsibilities
NOV 1991
52.236-8
Other Contracts
APR 1984
52.236-9
Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements
APR 1984
52.236-10
Operations and Storage Areas
APR 1984
52.236-11
Use and Possession Prior to Completion
APR 1984
52.236-12
Cleaning Up
APR 1984
52.236-13
Accident Prevention
NOV 1991
52.236-15
Schedules for Construction Contracts
APR 1984
52.236-21
Specifications and Drawings for Construction
FEB 1997
52.236-26
Preconstruction Conference
FEB 1995
52.242-13
Bankruptcy
JUL 1995
52.246-12
Inspection of Construction
AUG 1996
52.246-21
Warranty of Construction
MAR 1994
52.248-3
Value Engineering-Construction
OCT 2010
52.249-2 Alt I
Termination for Convenience of the Government (Fixed-Price) (May 2004) - Alternate I
SEP 1996
52.249-10
Default (Fixed-Price Construction)
APR 1984
52.253-1
Computer Generated Forms
JAN 1991
252.203-7000
Requirements Relating to Compensation of Former DoD Officials
JAN 2009
252.203-7002
Requirement to Inform Employees of Whistleblower Rights
JAN 2009
252.204-7000
Disclosure Of Information
DEC 1991
252.204-7003
Control Of Government Personnel Work Product
APR 1992
252.215-7000
Pricing Adjustments
DEC 1991
252.222-7002
Compliance With Local Labor Laws (Overseas)
JUN 1997
252.232-7008
Assignment of Claims (Overseas)
JUN 1997
252.232-7010
Levies on Contract Payments
DEC 2006
252.233-7001
Choice of Law (Overseas)
JUN 1997
252.236-7000
Modification Proposals-Price Breakdown
DEC 1991
252.236-7001
Contract Drawings, and Specifications
AUG 2000
252.243-7001
Pricing Of Contract Modifications
DEC 1991
252.243-7002
Requests for Equitable Adjustment
MAR 1998
252.247-7024
Notification Of Transportation Of Supplies By Sea
MAR 2000

52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)

(a) The Contractor shall submit one of the following payment protections:

Bank Letter of Guarantee

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.243-4 CHANGES (JUN 2007)

(a) The Contracting Officer may, at any time, without notice to the sureties, if any, by written order designated or indicated to be a change order, make changes in the work within the general scope of the contract, including changes--

(1) In the specifications (including drawings and designs);

(2) In the method or manner of performance of the work;

(3) In the Government-furnished property or services; or

(4) Directing acceleration in the performance of the work.

(b) Any other written or oral order (which, as used in this paragraph (b), includes direction, instruction, interpretation, or determination) from the Contracting Officer that causes a change shall be treated as a change order under this clause; provided, that the Contractor gives the Contracting Officer written notice stating

(1) the date, circumstances, and source of the order and

(2) that the Contractor regards the order as a change order.

(c) Except as provided in this clause, no order, statement, or conduct of the Contracting Officer shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment.

(d) If any change under this clause causes an increase or decrease in the Contractor's cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed by any such order, the Contracting Officer shall make an equitable adjustment and modify the contract in writing. However, except for an adjustment based on defective specifications, no adjustment for any change under paragraph (b) of this clause shall be made for any costs incurred more than 20 days before the Contractor gives written notice as required. In the case of defective specifications for which the Government is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in attempting to comply with the defective specifications.

(e) The Contractor must assert its right to an adjustment under this clause within 30 days after

(1) receipt of a written change order under paragraph (a) of this clause or (2) the furnishing of a written notice under paragraph (b) of this clause, by submitting to the Contracting Officer a written statement describing the general nature and amount of the proposal, unless this period is extended by the Government. The statement of proposal for adjustment may be included in the notice under paragraph (b) above.

(f) No proposal by the Contractor for an equitable adjustment shall be allowed if asserted after final payment under this contract.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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/these address(es):

http://farsite.hill.af.mil/vffara.htm (End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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 (DFARS) (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES (MAR 2006)

(a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlying areas.

(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall--

(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;

(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;

(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and

(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.

(c) The requirements of this clause do not apply to any subcontractor that is--

(1) A foreign government;

(2) A representative of a foreign government; or

(3) A foreign corporation wholly owned by a foreign government.

(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from the USAFE Force Protection Cell who can be contacted by email at usafe.sp@ramstein.af.mil.

(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: VALUE ADDED TAX NOT APPLICABLE

(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)

CLAUSES INCORPORATED BY FULL TEXT

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)

CLAUSES INCORPORATED BY FULL TEXT

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

See Section J of the solicitation entitled, “List of Attachments.”

(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:

Ms Tara Petersen

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

HQ USAFE/A7K, Flugplatz Ramstein, 66877 Ramstein Germany

E-mail: tara.petersen@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.

(i) 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

LIST OF ATTACHMENTS

No.
Title/Description
Pages
Date
1
Project Specifications
499
May 11
2
INC Form 1101 – Price Breakdown
9
N/A
3
WAWF Instructions (Invoicing)
3
N/A
4*
Drawings
12
N/A
5*
INC Form 1106 – Schedule of Material Submittals
3
N/A
6*
Preferred Product List
5
N/A

Attachments 1 – 6 will be available on compact disc (CD). A CD containing all attachments will be provided to each potential offeror that attends the pre-proposal conference/site visit. CDs containing all attachments will also be available at the 39th Contracting Office until the date and time the solicitation closes. Offerors who wish to pick up a CD from the contracting office are advised to make an appointment with SSgt Octavio Valverde or TSgt Terry Agena to do so. To set up an appointment, call 322-316-8083 or send an email to octavio.valverde@incirlik.af.mil or terry.agena@incirlik.af.mil.

Section K - Representations, Certifications and Other Statements of Offerors

CLAUSES INCORPORATED BY REFERENCE

52.203-11
Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions
SEP 2007
52.204-7
Central Contractor Registration
APR 2008
252.225-7031
Secondary Arab Boycott Of Israel
JUN 2005
252.225-7042
Authorization to Perform
APR 2003

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

(a) The offeror certifies that --

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

(i) Those prices,

(ii) The intention to submit an offer, or

(iii) The methods of factors used to calculate the prices offered:

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

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

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

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

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

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

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

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

(End of clause)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

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

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

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

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

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

(D) Have [ballot], have not [ballot], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

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

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

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

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

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

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

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

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

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

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992)

(a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term supplies is defined in the Transportation of Supplies by Sea clause of this solicitation.

(b) Representation. The Offeror represents that it:

____ (1) Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

____ (2) Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

(c) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense FAR Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea.

(End of provision)

Section L - Instructions, Conditions and Notices to Bidders

CLAUSES INCORPORATED BY REFERENCE

52.214-34
Submission Of Offers In The English Language
APR 1991
52.214-35
Submission Of Offers In U.S. Currency
APR 1991
52.215-1
Instructions to Offerors--Competitive Acquisition
JAN 2004
252.225-7041
Correspondence in English
JUN 1997

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/LGCA Unit 7090 127 APO AE 09824-0127.

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

(End of provision)

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for--

20 Jun 2011 at 1330

(c) Participants will meet at--

39 Contracting Sq (Blg 485)

(End of provision)

52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)

(a) Proposals must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a proposal must initial each erasure or change appearing on any proposal form.

(b) The proposal form may require offerors to submit proposed prices for one or more items on various bases, including--

(1) Lump sum price;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.

(c) If the solicitation requires submission of a proposal on all items, failure to do so may result in the proposal being rejected without further consideration. If a proposal on all items is not required, offerors should insert the words “no proposal” in the space provided for any item on which no price is submitted.

(d) Alternate proposals will not be considered unless this solicitation authorizes their submission.

(End of provision)

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/these address(es):

http://farsite.hill.af.mil (End of provision

PROPOSAL INSTRUCTIONS

01.

PROPOSAL PREPARATION INSTRUCTIONS

A. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or subfactors. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of two separate parts; Part I - Price Proposal, and Part II - Technical Proposal.

B. The Contracting Officer (CO) has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the CO will review this determination and if, in the CO’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 CO determines that adequate price competition no longer exists; offerors may be required to submit information to the extent necessary for the CO to determine the reasonableness and affordability of the price.

C. Specific Instructions:

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

(a) Complete blocks 14, 15, 17, 18, 19 and 20 of the SF 1442.

(b) Insert proposed unit and extended prices in Section B for each Contract Line Item Number (CLIN).

(c) Complete the necessary fill-ins and certifications in Sections F through K. Section K shall be returned in its entirety. For Sections F through J, the offeror shall submit only those pages that require a fill-in.

(d) Each offeror shall be responsible for estimating and conforming the individual quantities required by Technical Specifications & Drawings. These quantities shall be included on the INC Form 1101(old Form 3052, Cost Breakdown), and will be used during the evaluation of offeror and negotiations, if required. The INC 1101 SHALL NOT be a part of the resultant contract (see Section J, Attachment 4).

(e) Acknowledgement of all amendments to the solicitation in accordance with the instructions on the SF 30 (amendment form)

2. PART II – TECHNICAL PROPOSAL - Limited to no more than 50 pages. Submit original plus one (1) redacted copies.

1. Technical Acceptability: The offeror shall provide information that effectively represents their technical expertise and project management capabilities. All techniques and resources shall meet or exceed commercial standards routinely used by the construction industry for same or similar projects. Any innovative procedures or methods shall be explained in detail. As a minimum, offerors shall include:

a. Relevant experience/key personnel: Shows that the appropriate engineers (discipline and skill level) were consulted on this project. Documentation (Resume, references) shall indicate the experience of the key members and subcontractors on similar projects for Incirlik Air Base Water Treatment Plant. In addition the site engineer assigned for this project shall have a minimum of three years experience on water system (mechanical engineer for mechanical works, electrical engineer on electrical work, etc.). This engineer must be able to speak English and will be required to be present at the job site at all times when work is in progress.

b. Shop Drawings: Each offeror shall provide accurate and clear drawings and details, showing all aspects of the work to be executed, with a description of material to be used and all proper and appropriate dimensions shown. A detailed shop drawing for new water pump system installation c/w fittings and steel platform details in accordance with the scope/specifications of this project. The drawing shall include all dimensions and parts. The drawings shall represent the offerors technical capabilities and expertise in potable water treatment pump system construction requirement of this project scope.

c. Progress Schedule: A progress schedule for all major construction elements of this project based upon the offeror’s proposed performance period. Offerors shall use the attached AF Form 3064 or equivalent. All milestones shall be annotated with actual dates and a line graph. The offeror’s proposed performance period shall not exceed the performance period outlined in SF 1442, block 11. Offerors shall submit proposed construction schedules in MS Project with a narrative explaining each step of construction in as much detail as necessary to convince the Government of the contractor’s full understanding of the project. The progress schedule shall demonstrate the offeror’s technical capabilities and expertise. The Government shall be confident and have no doubt in the offeror’s ability to manage and complete all requirements within the proposed performance period. If there is potential to shorten the performance period, the offeror shall indicate and explain.

d. The contractor’s technical understanding of the work: A narrative to demonstrate a sound approach and methodology for accomplishing work requirements identified in the solicitation with the appropriate skills, equipment, and materials, in the appropriate quantities, type and capacities and at the appropriate time to meet the Government’s desired outcomes. Each offeror shall also submit their proposed work plan for the major elements of the project as listed below .The narrative and materials submittal shall provide the Government with no doubt of the Contractor’s abilities to effectively plan and manage installation of the all mechanical, electrical, architectural system and equipments according to technical specifications.

e. Rationale for proposed materials, type and quantities: Each offeror shall submit their proposed materials and procedures for the major elements of the project as listed below:

(1) Total number of crews, size of each crews (i.e, number of personnel)

(2) Integrated system plans and operation details for the proposed water treatment pump system installation.

(3) Civil works :

-Demolish and construct new pump reinforced pump base

-Wall painting and epoxy covering for bldg13.

(4) Mechanical Works

-Demolition of old pumps.

-Installation of new water pumps c/w fittings, valves, -Installation of new steel platfor

(5) Electrical Works

-Frequency inverter installation (motor coupled type)

-Pump motors connection

(6) A list of all necessary TAB- testing, adjusting and balancing equipment, and methodology.

The narrative and materials submittal shall provide the Government with no doubt of the offeror’s abilities to manage all resources required to perform the requirements outlined in this scope.

The contractor shall provide official documentation of potable water treatment plant pump station work history with references .Treatment works experience or approved equal one for sales and service of their products and key employee certifications. Similar projects completed in Incirlik Air Base will be a plus.

f. Submit signed copy of PPL.

NOTE – Technical Proposals will be rated on a pass/fail basis by sub factors.

D. Documents submitted in response to this RFP must be fully responsive to and consistent with the following:

1. Requirements of the RFP (CLINs & SPECIFICATIONS) and US Government standards and regulations pertaining to the SPECIFICATIONS.

2. Evaluation Factors for Award in Section M of this RFP.

3. Any limitation on the number of proposal pages. Pages exceeding the page limitations set forth in this Section L will not be read or evaluated, and will be removed from the proposal.

4. Format for proposal Parts II shall be as follows:

(a) The proposals will be 8 1/2” x 11” paper or standard A4 paper, except for fold-outs used for charts, tables, or diagrams, which may not exceed 11” x 17”.

(b) A page is defined as one face of a sheet of paper containing information.

(c) Typing shall not be less than 12 pitch.

(d) Elaborate formats, bindings or color presentations are not desired or required.

E. Copies/Page Limit: Copies of each volume shall be submitted in accordance with the chart below:

Part
Title
Due Date
Copies
Other Instructions/Limitations
I
Price Proposal
10 Jul 2011

10:00AM Local Time

1 Original + 1 Copy
-Be sure to sign 1442 upon submission (and acknowledge amendments if applicable).
II
Technical Capability
10 Jul 2011

10:00AM Local Time 1 Original +

1 Redacted* -Limited to 50 pages

***Redacted copies include blanking out or removing any information that would identify your company, such as but not limited to: Company names or affiliates, addresses, phone/fax numbers, names of employees, logos, etc.***

02.

GENERAL INFORMATION

A. This acquisition is for a firm fixed price contract to Repair Electrical Substations (Project No. LJYC 12-1041) in accordance with (IAW) the Specifications and Drawings at Incirlik Air Base, Turkey.

B. A site visit/pre-proposal conference will be conducted on 20 Jun 2011 at 13:30 PM (Hours). All interested offerors will meet in front of building #485, Incirlik Air Base, Turkey. Offerors should be at 39 Contracting Squadron, Building 485 (Incirlik Hava Ussu, Adana) at the time and date to view the work site and present pertinent questions. Only one site visit/pre-proposal conference will be conducted. Thus, it is highly recommended that all interested offerors perform a complete review of the SOLICITATION, SPECIFICATIONS, and all ATTACHMENTS prior to the date of the site visit/pre-proposal conference.

C. Contractors should be aware that this is a Turkish Installation and that all access to this installation is granted by the Turkish Air Force (TuAF). Therefore SOME DELAYS SHOULD BE ANTICIPATED WHEN HAND CARRYING PROPOSALS. Offeror should allow sufficient time to arrive and submit the proposals to Contracting Office PRIOR to the set closing time. Late proposals will be processed in accordance with the provisions “Late Submission, Modifications, and Withdrawals of Proposals”. If a gate access is not granted please contact the CO immediately. The contractors are responsible for coordinating and processing gate pass requests in a timely manner. The USG shall not be held accountable. Furthermore, contractors must consider that although the duty day is Monday through Friday from 07:30 to 16:30, contractors may not get to the job site at 07:30 due to TuAF gate entrance procedures. Also, contractors 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. Contractors 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.

D. All contractors’ questions in response to this solicitation must be emailed to octavio.valverde@incirlik.af.mil and terry.agena@incirlik.af.mil no later than 28 Jun 2011 at 10:00 local time. The US Government will not accept any questions after this time. All questions/answers resulting from this solicitation will sent vai email.

E. This section provides general guidance for preparing proposals. Offerors’ proposals must include all data and information requested by this solicitation and must be submitted and conducted in strict accordance with these instructions. Non-conformance with the specific organization, content, and page limitations may result in mis-evaluation of proposals or depending on the magnitude of the non-conformance; the proposals may be eliminated from further consideration. Telegraphic offers and alternate proposals will not be considered.

F. THE PROPOSAL must be completed and returned to the 39 Contracting Squadron/ LGCA, Building 485, Incirlik Air Base, Adana, Turkey, PRIOR to the exact time set for receipt of proposals. The envelope used in submitting your reply must be plainly marked with the solicitation number and title, FA5685-11-R-0023, entitled “Repair/Replace Existing Pumps with Efficiency Ones, B1, 13” and the date and local time set forth receipt of proposals.

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