FA5685-15-R-0002.pdf

39 CONS/LGC - FA5685 (FOREIGN)

39 UNCU KONTRAT SUBAYLIGI

BINA NO. 485 10.NCU TANKER

US KOMUTANLIGI

INCIRLIK/ADANA

90-322-316-8076 90-322-316-1090

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

10M

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

FA5685-15-R-0002 29-Jul-2014

b. TELEPHONE NUMBER

011-90-322-316-8075

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 29 Aug 2014

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA X ARE

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

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

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

FA5685

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE F2G4A2 16. ADMINISTERED BY

F2G4A2 39 MDS

SERDAL GURSES

UNIT 7095 BOX 185 BLDG 865

APO AE 09824

TEL: 90-322-3168659 FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JOSEPH J. CARTER

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

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

SEE SCHEDULE

621111

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: % FOR

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

F2G4A24098A001

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

1 COPIES

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

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

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

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

PAGE 2 OF

23. UNIT PRICE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

FA5685-15-R-0002

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months General Surgeon Monthly Service

FFP

General Surgeon services in accordance with the Performance Work Statement (PWS) dated 17 JUL 2014. The Period of Performance is from 01 OCT 2014 TO

30 SEP 2015.

FOB: Destination

NSN: Q523-14-098-A001

PURCHASE REQUEST NUMBER: F2G4A24098A001

SIGNAL CODE: A

NET AMT

0002 36 Unit Call Back Hours

FFP

Call Back service will be rendered in accordance with sections 1.2.20 and B.3 of the Performance Work Statement dated 17 JUL 2014. The Period of Performance is from 01 OCT 2014 TO 30 SEP 2015. 1 unit = 1 hour.

FOB: Destination

NSN: Q523-14-098-A001

0003 1 Lot Travel

FFP

Travel will be subject to the conditions outlined in section B.9 of the Performance Work Statement dated 17 JUL 2014. The Period of Performance is from 01 OCT 2014 to 30 SEP 2015.

FOB: Destination

NSN: Q523-14-098-A001

1001 12 Months OPTION General Surgeon Monthly Service

FFP

General Surgeon services in accordance with the Performance Work Statement dated 17 JUL 2014. The Period of Performance is from 01 OCT 2015 TO 30 SEP 2016.

FOB: Destination

NSN: Q523-14-098-A001

1002 36 Unit OPTION Call Back Hours

FFP

Call Back service will be rendered in accordance with sections 1.2.20 and B.3 of the Performance Work Statement dated 17 JUL 2014. The Period of Performance is from 01 OCT 2015 TO 30 SEP 2016. 1 unit = 1 hour.

FOB: Destination

1003 1 Lot OPTION Travel

FFP

Travel will be subject to the conditions outlined in section B.9 of the Performance Work Statement dated 17 JUL 2014. The Period of Performance is from 01 OCT 2015 to 30 SEP 2016.

FOB: Destination

2001 12 Months OPTION General Surgeon Monthly Service

FFP

General Surgeon services in accordance with the Performance Work Statement dated 17 JUL 2014. The Period of Performance is from 01 OCT 2016 TO 30 SEP 2017.

FOB: Destination

2002 36 Unit OPTION Call Back Hours

FFP

Call Back service will be rendered in accordance with sections 1.2.20 and B.3 of the Performance Work Statement dated 17 JUL 2014. The Period of Performance is from 01 OCT 2016 TO 30 SEP 2017. 1 unit = 1 hour.

FOB: Destination

2003 1 Lot OPTION Travel

FFP

Travel will be subject to the conditions outlined in section B.9 of the Performance Work Statement dated 17 JUL 2014. The Period of Performance is from 01 OCT

2016 TO 30 SEP 2017.

FOB: Destination

3001 12 Months OPTION General Surgeon Monthly Service

FFP

General Surgeon services in accordance with the Performance Work Statement dated 17 JUL 2014. The Period of Performance is from 01 OCT 2017 TO 30 SEP 2018.

FOB: Destination

3002 36 Unit OPTION Call Back Hours

FFP

Call Back service will be rendered in accordance with sections 1.2.20 and B.3 of the Performance Work Statement dated 17 JUL 2014. The Period of Performance is from 01 OCT 2017 TO 30 SEP 2018. 1 unit = 1 hour.

FOB: Destination

3003 1 Lot OPTION Travel

FFP

Travel will be subject to the conditions outlined in section B.9 of the Performance Work Statement dated 17 JUL 2014. The Period of Performance is from 01 OCT

2017 TO 30 SEP 2018.

FOB: Destination

4001 12 Months OPTION General Surgeon Monthly Service

FFP

General Surgeon services in accordance with the Performance Work Statement dated 17 JUL 2014. The Period of Performance is from 01 OCT 2018 TO 30 SEP 2019.

FOB: Destination

4002 36 Unit OPTION Call Back Hours

FFP

Call Back service will be rendered in accordance with sections 1.2.20 and B.3 of the Performance Work Statement dated 17 JUL 2014. The Period of Performance is from 01 OCT 2018 TO 30 SEP 2019. 1 unit = 1 hour.

FOB: Destination

4003 1 Lot OPTION Travel

FFP

Travel will be subject to the conditions outlined in section B.9 of the Performance Work Statement dated 17 JUL 2014. The Period of Performance is from 01 OCT

2018 TO 30 SEP 2019.

FOB: Destination

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-OCT-2014 TO

30-SEP-2015

N/A F2G4A2 39 MDS

SERDAL GURSES

UNIT 7095 BOX 185 BLDG 865

APO AE 09824

90-322-3168659 FOB: Destination

F2G4A2

0002 POP 01-OCT-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-OCT-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-OCT-2015 TO

30-SEP-2016

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-OCT-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-OCT-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-OCT-2016 TO

30-SEP-2017

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-OCT-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-OCT-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-OCT-2017 TO

30-SEP-2018

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 01-OCT-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 01-OCT-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-OCT-2018 TO

30-SEP-2019

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 31-OCT-2018 TO

31-OCT-2019

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 01-OCT-2018 TO

30-SEP-2019

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

APR 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management JUL 2013 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance JUL 2013 52.212-1 Instructions to Offerors--Commercial Items APR 2014 52.212-4 Contract Terms and Conditions--Commercial Items SEP 2013 52.217-5 Evaluation Of Options JUL 1990 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.222-26 Alt I Equal Opportunity (Mar 2007) - Alternate I FEB 1999 52.222-29 Notification Of Visa Denial JUN 2003 52.223-10 Waste Reduction Program MAY 2011 52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

DEC 2012

52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes JUL 2002 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991 52.237-7 Indemnification and Medical Liability Insurance JAN 1997 52.237-7 Indemnification and Medical Liability Insurance JAN 1997 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-25 Limitation Of Liability--Services FEB 1997 52.249-4 Termination For Convenience Of The Government (Services)

(Short Form)

APR 1984

52.249-8 Default (Fixed-Price Supply & Service) APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7000 Disclosure Of Information AUG 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A MAR 2014 252.204-7012 Safeguarding of unclassified controlled technical information NOV 2013

252.215-7008 Only One Offer OCT 2013 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.225-7041 Correspondence in English JUN 1997 252.225-7043 Antiterrorism/Force Protection Policy for Defense Contractors

Outside the United States

MAR 2006

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7007 Limitation Of Government's Obligation APR 2014 252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.233-7001 Choice of Law (Overseas) JUN 1997 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012

CLAUSES INCORPORATED BY FULL TEXT

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 , have not , 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)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal 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 ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

ADDENDUM TO 52.212-1

Addendum to FAR 52.212-1, Instructions to Offerors – Commercial Items (Apr 2014) GENERAL

INSTRUCTIONS:

https://www.acquisition.gov/

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

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

REFERENCE.

ADDENDA TO 52.212-1 QUOTE PREPARATION INSTRUCTIONS

A. To assure timely and equitable evaluation of the quote, the Offeror must follow the instructions contained herein.

The quote must be complete, self-sufficient, and respond directly to the requirements of this solicitation. 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 sub-factors. Failure to meet a requirement may result in an offer being ineligible for award. The response shall consist of three (3) separate parts:

PART I - Technical PART II - Past Performance PART III - Price Quote

B. All parts may be mailed or delivered to the 39th Contracting Squadron, Attn: Ms. Faye Ritter or SSgt Joseph Carter, Unit 7090 Box 127, APO AE 09824, building 485, Incirlik Hava USSU, Adana, Turkey. If quotes are hand delivered, they shall be delivered to building 485 and addressed to Ms. Faye Ritter/SSgt Joseph Carter. Quotes may be submitted electronically to joseph.carter.20@us.af.mil or lois.ritter.1@us.af.mil, but offerors are cautioned that Incirlik has very strict firewall protocols and the government will not be held responsible for timely and complete receipt of quotes by email. If submitting quote by e-mail, only submit one copy and the maximum size of email shall not exceed 4MB. Quote can be split over multiple e-mails and if sending multiple e-mails, ensure subject line contains how many emails have been sent with the text to be used as follows: “E-mail X of Y” (1 of 4, 2 of 4, etc.)

Quotes must be received no later than 1000 Eastern European Time (EET) 29 August 2014. Offerors should verify receipt of any mailed, delivered or e-mailed quote with the Contracting point of contact. If all portions of the quote are not received the offeror will be considered non responsive and therefore will not be evaluated upon.

C. Offerors should be aware that this is a Turkish Installation and that all access to this installation is granted by the Turkish Air Force (TurAF). Therefore, SOME DELAYS SHOULD BE ANTICIPATED WHEN HAND CARRYING QUOTES. The Offeror should allow sufficient time to arrive and submit the quotes to the Contracting Office PRIOR to the set closing time. Late quotes will be processed in accordance with FAR 52.212-1(f) “Late submission, modifications, revisions, and withdrawals of offers.” If gate access is not granted, please contact the CO (Ms. Faye Ritter at 676-8075) immediately. The Offerors are responsible for coordinating and processing gate pass requests in a timely manner. The United States Government (USG) shall not be held accountable for denied gate entry. Furthermore, Offerors must be aware that the duty day at Incirlik AB is Monday through Friday from 07:30 to 16:30. Also, Offerors need to exit the base by 16:30. This may require contractors to stop work, prepare to leave the base, and clean up prior to 16:30. Offerors are encouraged to take this into consideration when proposing a delivery or performance time. The USG shall not be responsible for delays due to in processing or out-processing the base. Vendors that have problems entering the base can call the contracting office at 676-8075 for further assistance.

D. Evaluation factors and standards: The addendum to FAR Clause 52.212-1, INSTRUCTIONS TO OFFERORS (APRIL 2014) provides information on the format and content of the quote package and what items need to be submitted for each part. The FAR Clause 52.212-2, EVALUATION OF COMMERCIAL ITEMS (JAN 1999), provides a complete description regarding the evaluation factors for award.

E. The Contracting Officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the Contracting Officer will review this determination, and if in the Contracting Officer’s opinion, adequate price competition exists, no additional information will be requested.

However, if at any time during this competition the Contracting Officer determines that adequate price competition no longer exists; Offerors may be required to submit information to the extent necessary for the Contracting Officer to determine the reasonableness and affordability of the price.

mailto:joseph.carter.20@us.af.mil mailto:lois.ritter.1@us.af.mil

F. “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 COOPERATIONS AGREEMENT, 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.”

G. Point of Contact (POC): The Contracting Officer (CO), Ms. Faye Ritter, is the primary POC for this acquisition.

Address any questions you have to the CO (Ms. Faye Ritter at lois.ritter.1@us.af.mil) or Contract Specialist (CS) SSgt Joseph Carter at joseph.carter.20@us.af.mil. All questions must be submitted no later than 1300 EET 12 August 2014.

SPECIFIC QUOTE PREPARATION INSTRUCTIONS

H. The offeror shall prepare the quote as set forth in the Quote Organization Table below. The titles and contents of the volumes shall be as defined in this table, all which shall be within the required page limitation and with the number of copies as specified. Pages exceeding the page limitations set forth in this Section will be removed from the quote and will not be read or evaluated and may render the quote unacceptable.

Table 1.1 (Quote Organization)

1. PART I – TECHNICAL (EVALUATION FACTOR 1)

SUB-FACTOR 1: CONTRACTUAL DOCUMENTATION - The quote shall consist of all required documentation specified in sections 1.5.1.1 and meet the requirements outlined in section 1.6 of the PWS dated 17 July 2014.

SUB-FACTOR 2: EXPERIENCE - The quote shall consist of past job experience involving minimum of five (5) years experience in the field of general surgery.

2. PART II – PAST PERFORMANCE (EVALUATION FACTOR 2) The offeror shall provide relevant and recent past performance on no more than five (5) contracts utilizing Attachment 3, Past Performance Questionnaire.

Relevant Past Performance Information is information that shows the offeror has performed the same or similar type of surgery requirements identified in the PWS.

Recent Past Performance Information. The offeror shall provide past performance information on previous and/or current contracts for general surgeon services within the last five (5) years (from the date set for receipt of quotes).

The information for each contract or subcontract shall include the following:

i. Contracting Agency/Customer

ELEMENT TITLE MAXIMUM #

PAGES

# OF COPIES

PART I: Forms, fill-ins, required information, documents, and records

Technical No Limit One (1) signed original, and/or one

(1) electronic copy

PART II Past Performance 10 One (1) signed original, and/or one

(1) electronic copy

PART III Price 10 One (1) signed original, and/or one

(1) electronic copy mailto:lois.ritter.1@us.af.mil mailto:joseph.carter.20@us.af.mil

ii. Contract Number (for subcontracts, provide the prime contract number and subcontract number)

iii. Contract Type

iv. Total Contract Dollar Value per Year and/or Total Amount

v. Date of Award

vi. Period of Performance

vii. Description of Requirement

viii. Contracting Officer’s Name or Commercial Customer Point of Contact, Telephone Number and E-mail address

Offerors will be evaluated on their past performance under recent and relevant contracts for support similar to this solicitation. Offeror shall ensure that Past and Present Performance Questionnaires are sent to no more than five (5) past performance references. A listing of these references shall be included in the Past Performance Part II. Contractors shall instruct their references to submit all questionnaires directly to the CO by e-mail or to the CS. The Government will utilize the Past Performance Questionnaires to evaluate the quality and extent of offeror’s past performance. Additionally, the Government may contact references other than those identified by the offeror. The Government may also review the Past Performance Information Retrieval System (PPIRS), Contractor Performance Assessment Reporting System (CPARS) and/or other past performance information sources to obtain additional information that may be used in the evaluation of an offeror’s past performance.

3. PART III – PRICE (EVALUATION FACTOR 3)

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

(b) Insert the proposed unit and extended prices in the Pricing Schedule. The quote(s) must be submitted for a base period plus four (4) Option Years.

(c) Complete the necessary fill-ins and certifications in provisions. The provision FAR 52.212-3 shall be returned along with the quote.

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

(e) All proposed prices shall be submitted in U.S. DOLLARS. Offers not submitted in the U.S. DOLLAR will not be considered for award.

CLAUSES INCORPORATED BY FULL TEXT

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

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

The Evaluation Factors are:

i. Factor 1- Technical

ii. Factor 2- Past Performance

iii. Factor 3 – Price

i. Technical: The Government technical evaluation team shall evaluate the technical quotes on an acceptable/unacceptable basis. Ratings will be assigned as follows:

TECHNICAL CRITERIA RATINGS

RATING DEFINITION

Acceptable Quote clearly meets the minimum requirements of the solicitation identified in each sub-factor.

Unacceptable Quote does not clearly meet the minimum requirements of the solicitation identified in each sub-factor.

Only those quotes determined technically acceptable will be considered for further evaluation. The quote shall be evaluated against the following factor:

SUB-FACTOR 1: CONTRACTUAL DOCUMENTATION This sub-factor will be considered “Acceptable” when the quote consists of all the required documentation outlined in section 1.5.1.1 and meets the requirements outlined in section 1.6 of the PWS dated 17 July 2014.

SUB-FACTOR 2: EXPERIENCE - This sub-factor will be considered “Acceptable” when the experience is verified on the applicant’s resume and involves a minimum of five (5) years experience in the field of general surgery.

ii. Past Performance: Past Performance will be evaluated based on subjective assessment of how well the offeror performed on past recent and relevant work, as outlined in Addendum to FAR Provision 52.212-1. Offeror must receive an Acceptable rating to receive an award.

This rating is based upon offeror-provided information, or information obtained from any other sources of past performance information, indicating performance of same or similar to General Surgeon services as follows:

PAST PERFORMANCE

RATING DEFINITION

Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown (see note below).

Unacceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a) (2) (iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “Unknown” shall be considered “Acceptable.”

The Past Performance information may be obtained from the following sources:

(A) Reference List (Please see details in the Addendum to FAR 52.212-1, Part II).

(B) Past Performance Questionnaires (PPQ).

(C) Past Performance Information available from other sources such as Past Performance

Information Retrieval System (PPIRS) or Contractor Performance Assessment Reporting System (CPARS).

iii. Price: All offeror’s proposed price will be determined by multiplying the quantities by the proposed unit price for each Contract Line Item Number (CLIN) to confirm the extended amount and the total amount. The total evaluated price will include all option periods. The price evaluation will document the reasonableness and completeness of the total evaluated price. Arithmetic Discrepancies. For the purpose of initial evaluation of offers, the following will be utilized in resolving arithmetic discrepancies as submitted by the offeror.

(A) Obviously misplaced decimal points will be corrected;

(B) Discrepancy between unit price and extended price, the unit price will govern;

(C) Apparent errors in extension of unit prices will be corrected;

(D) Apparent errors in extended prices per CLIN will be corrected.

iv. Award Process: The Government intends to award to the lowest priced, technically acceptable offeror with an acceptable past performance rating. In accordance with 13.106- 2(b)(3), the Government is not required to establish a competitive range, conduct discussions, or score offers. Consistent with simplified acquisition procedures, the evaluation process is as follows:

i. Price: The Government will evaluate all quotes for price, ranking the offerors from lowest to highest total evaluated price.

ii. Technical: The lowest priced quote will then be evaluated for Technical Acceptability. Quotes must be rated technically “Acceptable”. If the lowest priced offeror’s technical quote is “Unacceptable”, the next low offeror’s technical quote will be evaluated, continuing until an offeror with an “Acceptable” technical rating is identified.

iii. Past Performance: The lowest priced, technically “Acceptable” offeror’s past performance will be evaluated. The Government reserves the right that: If the lowest priced, technically “Acceptable” offeror’s past performance is determined to be “Acceptable”, the evaluation process may stop and the award may be made to that offeror, pending an affirmative price fair and reasonable determination. However, if it is determined to be in the best interest of the government, the government will continue with the evaluation and reserves the right to enter into discussions any time during the evaluation process.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to, to include FAR 52.217-8, to the total price for the basic requirement. FAR 52.217-8 will be evaluated by utilizing the final option period (CLINS 4001-4003) proposed pricing . The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2013)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision.

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

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Inverted domestic corporation, as used in this section, 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). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except--

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and http://www.acquisition.gov/

(10) FSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women;

and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted electronically on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.

[Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.] https://www.acquisition.gov/

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, ( ) is not a women-owned small business concern.

Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ----------.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository,…