FA5685-14-R-0012-0005.doc

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

INSTRUCTION TO OFFERORS

INCIRLIK INSTRUCTIONS

In reference to NOTE 3 on page 1, be advised that due to an established economic agreement between the United States Government and the Government of Turkey, the U.S. Air Force intends to award this solicitation to a business concern within the country of Turkey; as required by the Defense and Economic Cooperation Agreement(DECA), Supplementary Agreement 3, Article VI. If it is discovered that the U.S. Air Force is not able to make award to a business concern within the country of Turkey, it reserves the right to make award to a business concern that is not within the country of Turkey.

Incirlik Instruction 01

INSTRUCTIONS TO FOREIGN VENDORS

NOTE 1: Authorization to Foreign Vendors The contractor warrants that it has been duly authorized to operate and conduct 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 hand carry to 39 CONS for certification. For the Turkish Government to accept it, a duly appointed Contracting Officer must first certify the VAT exempt form.

(End of Instruction)

Incirlik Instruction 02

BANK LETTER OF GUARANTEE

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 (See next page). 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)

Sample Bank Letter of Guarantee:

DEPARTMENT OF THE AIR FORCE

39TH AIR BASE WING (USAFE)

LETTER OF GUARANTEE

INCIRLIK AB TURKEY

CONTRACTING OFFICER

39 CONS/LGCA

INCIRLIK HAVA USSA

ADANA, TURKEY

LETTER OF GUARANTEE NO:

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

The contract is to Contract Requirements. The total contract price is $Total Contract Value Pursuant to the contract, the contractor must provide security in the amount of 15 % of the total contract price not to exceed $50,000.00, ($Total Contract Value X 15%) for timely and satisfactory performance of the contract. Pursuant to the contract, the contractor is authorized to provide such security in the form of a bank guarantee.

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

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

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

(Name and address of Guarantor)

Signed by:_________________________

Seal or stamp of Guarantor

(Name typed underneath signature)

Typed Title:________________________

By:______________________________

(Name typed underneath signature)

Typed Title:_________________________

Incirlik Instruction 03

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 be used after approval is granted by 10th Tanker Base Command, Turkish Air Force (TurAF) 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 TurAF approval may take 1-3 months. TGS approval may take up to 9 months or longer.

(End of Instruction)

Incirlik Instruction 04

OPERATIONS SECURITY

24 JAN 07

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

(End of Instruction)

Incirlik Instruction 05

DESIGNATED SMOKING AREAS ON CONSTRUCTION SITES

20 Feb 14

A designated smoking area needs to be established by the contractor for each project site that doesn't negatively impact the surrounding base population. Smoking in housing shall not be permitted unless specifically within a designated construction site and should comply with the statement above. Cigarette butts shall be disposed of in a butt can and not discarded on the ground.

(End of Instruction)

Incirlik Instruction 06 Offerors are advised that technical and cost/price data submitted to the government in response to this solicitation and subsequent task orders may be released to non-government advisors for review and analysis.

The offeror is advised that the non-government advisors may review any information or data with the exception of past performance as specified by Mandatory Procedures(MP)5315.3 paragraph 1.4.5.2.

Submission of the signed Amendment and any subsequent task order proposals will suffice as the offerors consent to release the information to the non-government advisors for review and analysis.

(End of Instruction)

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

The following have been modified:

LIST OF ATTACHMENTS

**SEED PROJECT** LJYC 10-1099 Task Order Request

**SEED PROJECT** LJYC 13-1095 Task Order Request

**SEED PROJECT** LJYC 13-1096 Task Order Request

(End of Summary of Changes)