FA5685-18-R-0003_-_Attach_2-TO_Instructions.pdf

FA5685-18-R-0003 Attachment 2 May 2018

TASK ORDER INSTRUCTIONS TO OFFERORS

1. Instructions 01

NOTE 1: Authorization to Foreign Vendors The contract warrants that it has been duly authorized to operate and do business in the country or countries in which this contract is to be performed, and that it has obtained, at no cost to the United States Government, all necessary licenses and permits required in connections with this contract, and that it will fully comply with all laws, decrees, labor standards and regulations of this country or countries during the performance of this contract.

NOTE 2: Law Governing Contracts In any dispute arising out of this contract, the decision of which requires consideration of questions of law, the rights and obligations of the parties shall be interpreted in accordance with the substantive laws of the United States of America.

NOTE 3: Invoices All invoice amounts shall be reflected in US Dollars or payment may be delayed.

VAT-EXEMPT PURCHASE

I certify that this purchase (delivery of goods or service) is made for the purpose of common defense and in accordance with the Tax Relief Agreement between Turkey and The United States of America, which was ratified by Law Number 6426 of June 1954. This purchase is exempt from Value Added Tax according to the Council of Ministers of the Republic of Turkey decision number 92/2958 or 22 April 1992, published in the Official Gazette dated 21 May 1992, number 21234.

KDV’DEN MUAF SATINALMA

Isbu satinalmanin (mal teslimi veya hizmet); Turkiye ile Amerika Birlesid Devletleri arasinda imzalanmis bulunan ve 30 Haziran 1954 tarihli ve 6426 sayili kanunla onaylanmis Vergi Muafiyetleri Anlasmasina uygun olarak ve ortak savunma amaciyla yapildigini onaylariz. Isbu satinalma: 21 May 1992 tarih ve 21234 sayili Resmi Gazetede yayinlanmis olan 22 Nisan 1992 tarih ve 1992/2958 sayili Bakanlar Kurulu Kararina gore katma deger vergisinden mustesnadir.

NOTE TO TURKISH VENDORS:

It is recommended contractors attach their VAT exempt form when submitting their invoices to Defense Finance Accounting System (DFAS) in Wide Area WorkFlow (WAWF) 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)

Instruction 02

BANK LETTER OF GUARANTEE

a. The government may request a bank letter of guarantee for any task order awarded on this IDIQ. If a bank letter of guarantee is requested by the Contracting Officer, 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 below within ten (10) calendar days after the date of contract/order. Failure to furnish the Letter of Guarantee may be deemed a breach of contract.

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.

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

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

Sample Bank Letter of Guarantee

DEPARTMENT OF THE AIR FORCE

39TH AIR BASE WING (USAFE)

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 100% of the total contract price 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 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 % interest starting the 16th day after receipt of this written demand. This letter of guarantee will continue in effect for one (1) year after project final acceptance by the US Government.

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 increased, we agree to provide an additional letter of guarantee in the amount 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:_________________________

(End of Instruction)

Instruction 3

Task Order Instructions

1. GENERAL TERMS

This is a firm-fixed price, Indefinite Delivery/Indefinite Quantity (IDIQ) contract. Multiple awards shall be made pursuant to FAR 16.505 (b). The contract includes a wide variety of general construction type work. During the ordering period, construction requirements will be identified by the Base Civil Engineer (BCE) office. For future task orders, the Contracting Officer shall issue Fair Opportunity Proposal Request’s (FOPR) to each of the MACC contractors. Award of each task order shall be based on the previously established evaluation factors for that individual project. The contractor shall furnish all materials, equipment, and personnel necessary to design, manage, and accomplish each task order.

2. AWARDING FUTURE TASK ORDERS

All contractors will have a fair opportunity to be considered for each task order in excess of $3,500.00.

The Contract Administrator or Contracting Officer will furnish the work requirements to all awardees of this contract either by email and/or at a prearranged site visit. All contractors will be invited to attend the site visit. Thereafter, each contractor shall submit a proposal, in English, in accordance with timelines set forth in the FOPR for evaluation by the US Government. Upon evaluation of the proposals, the US Government has the right to conduct interchanges with one, some, or all offerors.

3. ORDERING GUIDELINES

(a) Work under this contract will be ordered by written orders issued on DD Form 1155 (Order for Supplies or Services) to the contractor by the Contracting Officer.

(b) Each award will cite an individual order number.

(c) The Government will not be obligated to reimburse the contractor for work performed, items delivered, or any costs incurred, nor shall the contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by duly executed orders.

(d) FOPRs for proposals will indicate funds availability. The Government may request proposals with no assurance of funding and provides no assurance that orders will be issued.

(e) Orders will be firm fixed price and clearly define the specific work required or the performance desired. Each order may contain additional, site or project specific, provisions. Any such additional provisions shall be a part of the FOPR.

(f) Submission of proposals is not mandatory. However, contractors are required to contact the Contracting Officer (CO) within two days after receipt of FOPR if a contractor will not participate in the walk through or submit a proposal. Repeated non-submission may be grounds for termination.

4. ORDER EVALUATION CRITERIA

Orders may be awarded based on a tradeoff process or a low price technically acceptable basis. Award factors will vary depending on the unique requirements of each requirement. The following sample criteria may be evaluated, in addition to price or cost:

(a) Past performance - past performance under this contract or other contracts

(b) Quality of deliverables

(c) Ability to meet schedule requirements

(d) Relevant experience

(e) Cost control

(f) Potential impact on other orders placed with the contractor

(g) Current workload

(h) Design

(i) The contractor’s technical understanding of the work.

(j) The most efficient and effective plan to accomplish the work.

(k) Rationale for proposed materials, type and quantities.

(l) Sustainable design features

5. MATERIAL APPROVAL

Category A: Task Orders issued under this contract with Category A Host Nation Approval (HNA) require Turkish General Staff (TGS) approval. The contractor shall submit completed Final Design and the Import Material List (IML) to the Contracting Officer after completion of the design phase for TGS approval.

Materials may not be purchased until TGS approval has been received. Receipt of TGS approval may take up to 9 months or longer. If a Pre-Construction meeting is not held within 9 months of the date of submitting the Final Design and IML to the Contracting Office, the contractor may claim an economic price adjustment covering the increased price between the end of the ninth month and the actual date of the Pre-Construction meeting.

Category B: Task Orders issued under this contract with Category B HNA do not require TGS approval after award. Materials may be purchased after approval of the Material Submittal (AF Form 3000).

However, Category B Task Orders will require TGS approval if materials are imported or at TurAF’s request. In such a case, the contractor will follow Category A material approval guidance listed above.