RFPFA5685-08-R-0001.doc

Section B - Supplies or Services and Prices

ID/IQ PAINT EXTERIOR/INTERIOR VAR. FAC.

FFP

FFP - ID/IQ - The contractor shall furnish all labor, materials, plant, transportation, equipment and services to accomplish all work in strict accordance with attached drawings, specifications and Statement of Work for the Exterior/Interior Paint IDIQ.

Period of Preformance: 15 Jan 08 - 14 Jan 09

FOB: Destination

NSN: Z199-71-21A-1000

SIGNAL CODE: A

MAX

NET AMT

FFP

FFP - ID/IQ - The contractor shall furnish all labor, materials, plant, transportation, equipment and services to accomplish all work in strict accordance with attached drawings, specifications and Statement of Work for the Exterior/Interior Paint IDIQ.

Period of Preformance: 15 Jan 09 - 14 Jan 10

FOB: Destination

MAX

FFP

FFP - ID/IQ - The contractor shall furnish all labor, materials, plant, transportation, equipment and services to accomplish all work in strict accordance with attached drawings, specifications and Statement of Work for the Exterior/Interior Paint IDIQ.

Period of Preformance: 15 Jan 10 - 14 Jan 11

FOB: Destination

MAX

Section C - Descriptions and Specifications

STATEMENT OF WORK

STATEMENT OF WORK

FOR

MAINTAIN, PAINT EXTERIOR AND INTERIOR VARIOUS FACILITIES, ID/IQ

Exterior Paint:

1. Repair cracked and deteriorated plastered and concrete surfaces.

2. Paint plastered and concrete surfaces with two coats of silicone based paint and primer. Color of plastered wall surfaces shall be yellow beige and shall be Betek, Amphisilan 3 S3 or equal. Color of concrete columns, beams and existing brown painted surfaces shall be gray and shall be Betek, Amphisilan 32 S4.

3. Provide and apply ready mixed colored plaster. Kaleterasit or equal.

4. Remove existing paint and rust and clean metal surfaces with solvent.

5. Remove existing lead based paint with paint removal system. (Dumond, Peel Away Smart Strip or equal, www.dumondchemicals.com). Paint remover shall be applied by brush, roller or conventional airless sprayer. Surface preparation, application and removal of paint shall be done in accordance with manufacturer’s specifications and Section 09900 Painting 3.08 Lead Based Paint Abatement.

6. Paint galvanized trapezoidal or corrugated metal roof & wall panels, metal gable walls, both surfaces of canopy roofs with epoxy resin based primer (Sika, Icosit Poxicolor Primer or equal) and two coats of synthetic enamel paint (Color: RAL 1015 Beige, Betek Caparol or equal). Metal doors & door frames, windows, window security bars, rain gutters, downspouts, hand rails and metal canopy structures shall be painted with antirust synthetic primer (Betek, Caparol Antirust Synthetic Primer or equal) and two coats of synthetic enamel paint (Betek, Caparol or equal). Color shall be RAL 8028, dark brown.

7. Scrape and sand exterior wood surfaces.

8. Paint wood surfaces (doors, door frames, windows, roof structure and fences) with two coats synthetic enamel paint and primer or colored wood protective with varnish. Color: dark brown.

9. Apply two coats of colored wood protective with varnish on wood surfaces (doors, door frames, windows, roof structure and fences).

10. Paint plastered and concrete surfaces with acrylic or silicone based GFM (Government Furnished Material) paint.

11. Paint metal and wood surfaces with synthetic enamel GFM (Government Furnished Material) paint.

12. Exterior concrete and metal surface preparation, cleaning and sand blasting. Surface cleaning and preparation shall be done in accordance with Manufacturer’s recommendations.

13. Removal of existing epoxy material, sand blasting and surface preparation. Surface cleaning and preparation shall be done in accordance with manufacturer’s recommendations. Surface preparation, application and removal of paint shall be done in accordance with manufacturer’s specifications and Section 09900 Painting, 3.08 Lead Based Paint Abatement.

14. Provide and apply one coat of epoxy resin based primer (Sika, Icosit Poxicolor Primer or equal) and two coats of epoxy resin based paint (Sika, Icosit Poxicolor or equal).

15. Provide and repair cracked and deteriorated exterior concrete surfaces with cement-based polymer modified, surface repair and finishing grout (thickness: 2mm. - 5 mm.). Sika Monotop 620 or equal.

16. Provide and seal exterior concrete surfaces with one component solvent containing acrylic resin based material. (Sikagard-680 S or equal). Apply two coats of material with airless spray after repairing and cleaning of the concrete surfaces.

17. Removal of existing joint sealant.

18. Provide & apply two-component cold sealant on joints of the concrete surfaces.1 cm.-2 cm. width x 2 cm. depth. Sikaflex PRO3 WF or equal.

19. Provide and apply traffic and road marking paint. Izosan or equal.

20. Apply 2-3 cm. thick Portland cement exterior plaster.

Building numbers shall be painted after completion of the paint work. All necessary scaffolding work shall be included to the unit prices. Lightning Protection Systems of the Buildings shall not be painted and shall be protected by the Contractor.

Interior Paint:

1. Surface preparation, repairing and cleaning and putty application.

2.

Remove existing paint and rust and clean metal surfaces with solvent.

3. Interior concrete and metal surface preparation, cleaning and sand blasting.

4. Remove existing lead based paint with paint removal system. (Dumond, Peel Away Smart Strip or equal, www.dumondchemicals.com). Paint remover shall be applied by brush, roller or conventional airless sprayer.

5. Provide and paint plastered, concrete, gypsum board metal and wood surfaces with one coat of primer (Betek Capalac Astar or equal) and two coats of synthetic enamel paint (Betek Capalac or equal).

6. Provide and paint interior plastered, gypsum board and concrete surfaces with one coat of primer (Betek Alpina Astar or equal) and two coats of water based satin paint (Betek Alpina Tek or equal).

7. Provide and paint interior plastered, gypsum board and concrete surfaces with one coat of silicone based primer (Alpinasilan or equal) and two coats of silicone based paint (Alpinasilan or equal).

8. Provide and apply two coats of colored wood protective with varnish (Pinotex or equal) on wood and wood veneered surfaces c/w sandpapering

9. Paint interior surfaces with two coats of GFM synthetic enamel paint and primer.

10. Paint interior surfaces with two coats of GFM water based paint and primer.

11. Removal of existing epoxy material, sand blasting and surface preparation. Surface cleaning and preparation shall be done in accordance with manufacturer’s recommendations

12. Provide and apply one coat epoxy resin based primer (Sika, Icosit Poxicolor Primer) and two coats of two component epoxy based paint (Sika, Icosit Poxicolor or equal) on steel and galvanized surfaces.

13. Provide and repair cracked and deteriorated interior concrete surfaces with cement-based polymer modified, surface repair and finishing grout (thickness: 2mm. - 5 mm.). Sika Monotop 620 or equal.

14. Provide and seal interior concrete surfaces with one component solvent containing acrylic resin based material. (Sikagard-680 S or equal). Apply two coats of material with airless spray after repairing and cleaning of the concrete surfaces.

15. Provide & apply one coat of epoxy resin based primer (Sikafloor 94 primer or equal), two coats of epoxy resin based non-skid material on heavy-duty floors (Sikafloor 7530 or equal). Color shall be gray (RAL 7032).

16. Provide & apply one coat of epoxy resin based primer (Sikafloor 94 primer or equal), one coat of epoxy resin based self leveling material (Sikafloor 261 or equal), quartz sand and one coat of epoxy resin based non-skid material (Sikafloor 7530 or equal). Thickness: 2 mm. Color shall be gray (RAL 7032).

17. Provide & apply one coat of epoxy resin based primer (Sikafloor 94 primer or equal), one coat of epoxy resin based self leveling material (Sikafloor 261 or equal), quartz sand and one coat of epoxy resin based non-skid material (Sikafloor 7530 or equal). Thickness: 3 mm. Color shall be gray (RAL 7032).

18. Provide & apply one coat of epoxy resin based primer (Sikafloor 94 primer or equal) and two coats of epoxy resin based self-leveling material. Sikafloor 261 or equal.

19. Provide & apply one coat of epoxy resin based primer (Sikafloor 94 primer or equal) two coats of epoxy resin based non-skid self-leveling material c/w quartz sand. Sikafloor 261 or equal.

20. Removal of existing joint sealant.

21. Provide & apply two component cold sealant on joints of the concrete surfaces.1 cm.-2 cm. width x 2 cm. depth. Sikaflex PRO3 WF or equal.

22. Apply Portland cement plaster on interior wall surfaces.

23. Provide and cover interior damaged wall surfaces with 12.5 mm. thick gypsum board panels c/w galvanized metal studs and runners (Tepe Knauf or equal).

24. Provide and cover interior damaged wall surfaces with 12.5 mm. thick gypsum board panels c/w gypsum adhesive (Tepe Knauf or equal).

25. Provide and apply satin gypsum primer and satin gypsum plaster on interior gypsum-board wall surfaces (Tepe Knauf, Satengips or equal).

26. Move furniture and equipment as required completing the paintwork.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

DELIVERY INFORMATION

14-JAN-2009

ELLIOTT RICHARD

39CES/CECEP BLDG 444 UNIT 7065

APO AE 09824

676-6596

FOB: Destination F2G3C2

14-JAN-2010

F2G3C2

14-JAN-2011

F2G3C2

Section G - Contract Administration Data Section H - Special Contract Requirements

CLAUSES INCORPORATED BY FULL TEXT

INCIRLIK INSTRUCTION

The following instructions pertinent to this section are hereby incorporated by reference only unless text is provided directly underneath the specific reference. The provided text may be in full or partial text. Those incorporated by reference have the same force and effect as if they were given in full or partial text.

CLAUSES INCORPORATED BY FULL TEXT

Incirlik Instruction 01

INSTRUCTIONS TO FOREIGN VENDORS

24 JAN 07

NOTE 1: Authorization to Foreign Vendors

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

NOTE 2: Law Governing Contracts

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

NOTE 3: Invoices

All invoice amounts shall be reflected in US Dollars or payment may be delayed.

VAT-EXEMPT PURCHASE

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

KDV’DEN MUAF SATINALMA

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

NOTE TO TURKISH VENDORS:

It is recommended contractors attach their VAT exempt form when submitting their invoices to Defense Finance Accounting System (DFAS) in Wide Area WorkFlow (WWAF) and/or handcarry to 39 CONS for certification. For the Turkish Government to accept it, a duly appointed Contracting Officer must first certify the VAT exempt form.

(End of Instruction)

Incirlik Instruction 02

HAZARDOUS MATERIALS/

5 APR 07

HAZMAT AUTHORIZATION

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

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

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

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

HAZMAT Storage

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

HAZMAT Characteristics

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

Typical Hazardous Materials Characteristics

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

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

The item contains asbestos, mercury, or polychlorinated biphenyls.

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

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

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

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

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

Ozone Depleting Chemicals: Class I Ozone Depleting Chemicals

Halocarbon

Molecular

Number

Formula

Name

CFC-11

CCl 3F

Trichlorofluoromethane

CFC-12

CC1 2F 2

Dichlorodifluoromethane

CFC-113

C 2C1 3F 3

Trichlorotrifluoroethane

CFC-114

C 2C1 2F 4

Dichlorotetrafluoroethane

CFC-115

C 2C1F 5

Chloropentafluoroethane

Halon 1211

CF 2C1Br

Bromochlorodifluoromethane

Halon 1301

CF 3Br

Bromotrifluoromethane

Halon 2402

C 2F 4Br 2

Dibromotetrafluoroethane

CFC-13

CC1F 3

Chlorotrifluoromethane

CFC-111

C 2C1 5F

Pentachlorofluoroethane

CFC-112

C 2C1 4F 2

Tetrachlorodifluoroethane

CFC-211

C 3C1 7F 3

Heptachlorofluoropropane

CFC-212

C 3C1 6F 2

Hexachlorodifluoropropane

CFC-213

C 3C1 5F 3

Pentachlorotrifluoropropane

CFC-214

C 3C1 4F 4

Tetrachlorotetrafluoropropane

CFC-215

C 3C1 3F 5

Trichloropentafluoropane

CFC-216

C 3C1 2F 6

Dichlorohexafluoropropane

CFC-217

C 3C1F 7

Chloroheptafluoropropane

Carbon Tetrachloride C1 4

Tetrachloroethane

Methyl Chloroform

CHC1 3

Dichloromethane (all isomers)

Methyl Bromide

Class II Ozone Depleting Chemicals

Halocarbon

Molecular

Number

Formula

Name

HCFC-12

CHC1 2F

Dichloromethane

HCFC-22

CHC1F 2

Chlorotrifluoromethane

HCFC-121

C 2HC1 4F

Pentachlorofluoroethane

HCFC-122

C 2HC1 3F 2

Trichlorotrifluoroethane

HCFC-123

C 2HC1 2F 3

Trichlorotrifluoroethane

HCFC-124

C 2HC1F 4

Chloropentafluoroethane

HCFC-131

C 2H 2C1 3F

Trichlorofluoromethane

HCFC-132

C 2H 2C1 2F 2

Dichlorodifluoromethane

HCFC-133

C 2H 2C1F 3

Chlorotrifluoromethane

HCFC-141

C 2H 3C1 2F

Trichlorofluoromethane

HCFC-142

C 2H 3C1F 2

Chlorotrifluoromethane

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

EPA-17 Industrial Toxic Chemicals:

1. Benzene

10. Methyl Ethyl Ketone

2. Cadmium and Cadmium Compounds

11. Methyl Isobutyl Ketone

3. Carbon Tetrachloride

12. Nickel and Nickel Compounds

4. Chloroform

13. Tetrachloroethylene

5. Chromium and Chromium Compounds

14. Toluene

6. Cyanide & Cyanide Compounds

15. 1,1,1 - Trichloroethane

7. Lead & Lead Compounds

16. Trichloroethylene

8. Mercury & Mercury Compounds

17. Xylenes

9. Methylene Chloride

(End of Instruction) Incirlik Instruction 03

GATE PASSES

24 JAN 07

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

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

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

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

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

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

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

(1) Pass has expired.

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

(3) Contract is completed.

(4) Issuing Officer so directs.

(End of Instruction)

Incirlik Instruction 04

SUPPLEMENTAL INVOICE INFORMATION

24 JAN 07

DFARS 252.232-7003(b) directs contractors to use an approved electronic submission method for payment requests. The approved method of submission for this contract action is through Wide Area WorkFlow (WAWF) at the following website: https://wawf.eb.mil If you are not currently registered in WAWF, contact this office for assistance BEFORE attempting to submit your first payment request. In addition, a supplemental letter from this office will provide specific information for your payment requests against this contract action.

(End of Instruction)

Incirlik Instruction 05

BANK LETTER OF GUARANTEE

21 APR 07

a. Within ten (10) calendar days after the date of contract/order, the contractor shall furnish the Contracting Officer a Bank Letter of Guarantee for the performance of the work in the amount specified below and conforming to the format of the sample letter provided (Attachment 3). Failure to furnish the Letter of Guarantee may be deemed a breach of contract.

AMOUNT OF CONTRACT

BANK LETTER OF GUARANTEE

Up to $10,000.00

None

$10,000.01 - $25,000.00

25%, not to exceed $5,000.00

$25,000.01 - $100,000.00

20%, not to exceed $15,000.00

$100,000.01 - $500,000.00

15%, not to exceed $50,000.00 over $500,000.00

15%, not to exceed $100,000.00

b. The Bank Letter of Guarantee will be dated as of the contract/order date or as soon thereafter as possible. The Bank Letter of Guarantee shall state that a guarantee has been issued against the awarded contract/order and that the following conditions are in force:

1. When presented by a representative of the U.S. Government against debts due, redemption cannot be contested.

2. Value of the guarantee is to be cited in U.S. Dollars, or if Turkish Lira it shall include the statement “Value in Turkish Lira will correspond to the current exchange rate to U.S. Dollars in effect at the time of redemption”. And it will be equal at all times to the percentage as stated in the criteria above.

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

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

(End of Instruction)

Incirlik Instruction 06

HOST NATION LABOR LAWS,

RELATIONS AND STANDARDS

(One Time Special Requirement)

a. The contractor shall be responsible for complying with any and all Turkish labor laws, relations and standards in effect or which shall come into effect during the term of this contract. Such compliance shall pertain to: hours of work, wages, salaries, working conditions, labor relations (including collective bargaining, union agreements etc.), particular workmen’s compensation, social security contributions for all categories of dependents and professionals. The Contractor and all subcontractors are required to adhere with all safety laws in effect and that may come into effect of the Turkish Government. The Contracting Officer reserves the right to suspend work until such time as adherence to the laws is assured and to remove from the work site any worker found to ignore safety practices. Such suspensions of work or removal of employees shall be at no cost to the Government. Failure by the contractor to correct deficiencies in a reasonable time shall be cause for Termination of Default.

b. Furthermore the contractor shall safeguard his firm with additional insurance the risks of monetary recoupment by Turkish authorities and workers for accidents, injuries or deaths which are imputable to the contractor for failure to observe required safety practices and/or any requirement of paragraph a. above.

c. The contractor shall be totally responsible and shall save harmless the U.S. Government from any and all disputes, claims, or grievance initiated by employees or third parties because of failure to comply with this special contract requirement.

d. Construction contractors shall be responsible for written notification to the local labor benefits office of site work initiation under this contract and shall produce copy of such notice to the Contracting Officer.

e. With each base pass request the Contractor shall furnish the health insurance and labor benefits employee number.

f. With signature of the offer the contractor warrants that the proposed price(s) include all costs in effect or which shall come into effect during the term of the contract for compliance with this special contract requirement and also for all responsibilities and risks indicated herein.

(End of Instruction)

Incirlik Instruction 09

OPERATIONS SECURITY

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

(End of Instruction) Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

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 to be determined on each delivery order.

(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 $491.67 for the first day of delay and $470.52 for each calendar day of delay thereafter 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)

52.216-18 Ordering. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 15 Jan 2008 through 14 Jul 2011.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $5,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of 200,000.00;

(2) Any order for a combination of items in excess of 200,000.00; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 14 Jul 2011.

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 Days.

(End of clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 Days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 Days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 42 Months.

(End of clause)

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT (FEB 2000)

In the event of inconsistency between any terms of this contract and any translation into another language, the English language meaning shall control.

(End of clause)

52.232-16 PROGRESS PAYMENTS (APR 2003)

The Government will make progress payments to the Contractor when requested as work progresses, but not more frequently than monthly, in amounts of $2,500 or more approved by the Contracting Officer, under the following conditions:

(a) Computation of amounts. (1) Unless the Contractor requests a smaller amount, the Government will compute each progress payment as 80 percent of the Contractor's total costs incurred under this contract whether or not actually paid, plus financing payments to subcontractors (see paragraph (j) of this clause), less the sum of all previous progress payments made by the Government under this contract. The Contracting Officer will consider cost of money that would be allowable under FAR 31.205-10 as an incurred cost for progress payment purposes.

(2) The amount of financing and other payments for supplies and services purchased directly for the contract are limited to the amounts that have been paid by cash, check, or other forms of payment, or that are determined due and will be paid to subcontractors--

(i) In accordance with the terms and conditions of a subcontract or invoice; and

(ii) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government.

(3) The Government will exclude accrued costs of Contractor contributions under employee pension plans until actually paid unless--

(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's total costs for progress payments until paid).

(4) The Contractor shall not include the following in total costs for progress payment purposes in paragraph (a)(1) of this clause:

(i) Costs that are not reasonable, allocable to this contract, and consistent with sound and generally accepted accounting principles and practices.

(ii) Costs incurred by subcontractors or suppliers.

(iii) Costs ordinarily capitalized and subject to depreciation or amortization except for the properly depreciated or amortized portion of such costs.

(iv) Payments made or amounts payable to subcontractors or suppliers, except for --

(A) Completed work, including partial deliveries, to which the Contractor has acquired title; and

(B) Work under cost-reimbursement or time-and-material subcontracts to which the Contractor has acquired title.

(5) The amount of unliquidated progress payments may exceed neither (i) the progress payments made against incomplete work (including allowable unliquidated progress payments to subcontractors) nor

(ii) the value, for progress payment purposes, of the incomplete work. Incomplete work shall be considered to be the supplies and services required by this contract, for which delivery and invoicing by the Contractor and acceptance by the Government are incomplete.

(6) The total amount of progress payments shall not exceed 80 percent of the total contract price.

(7) If a progress payment or the unliquidated progress payments exceed the amounts permitted by subparagraphs (a)(4) or (a)(5) of this clause, the Contractor shall repay the amount of such excess to the Government on demand.

(8) Notwithstanding any other terms of the contract, the Contractor agrees not to request progress payments in dollar amounts of less than $2,500. The Contracting Officer may make exceptions.

(b) Liquidation. Except as provided in the Termination for Convenience of the Government clause, all progress payments shall be liquidated by deducting from any payment under this contract, other than advance or progress payments, the unliquidated progress payments, or 80 percent of the amount invoiced, whichever is less. The Contractor shall repay to the Government any amounts required by a retroactive price reduction, after computing liquidations and payments on past invoices at the reduced prices and adjusting the unliquidated progress payments accordingly. The Government reserves the right to unilaterally change from the ordinary liquidation rate to an alternate rate when deemed appropriate for proper contract financing.

(c) Reduction or suspension. The Contracting Officer may reduce or suspend progress payments, increase the rate of liquidation, or take a combination of these actions, after finding on substantial evidence any of the following conditions:

(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (f) and (g) of this clause).

(2) Performance of this contract is endangered by the Contractor's --

(i) Failure to make progress or

(ii) Unsatisfactory financial condition.

(3) Inventory allocated to this contract substantially exceeds reasonable requirements.

(4) The Contractor is delinquent in payment of the costs of performing this contract in the ordinary course of business.

(5) The unliquidated progress payments exceed the fair value of the work accomplished on the undelivered portion of this contract.

(6) The Contractor is realizing less profit than that reflected in the establishment of any alternate liquidation rate in paragraph (b) of this clause, and that rate is less than the progress payment rate stated in subparagraph (a)(1) of this clause.

(d) Title.

(1) Title to the property described in this paragraph (d) shall vest in the Government. Vestiture shall be immediately upon the date of this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract.

(2) "Property," as used in this clause, includes all of the below-described items acquired or produced by the Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices.

(i) Parts, materials, inventories, and work in process;

(ii) Special tooling and special test equipment to which the Government is to acquire title under any other clause of this contract;

(iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment, and other similar manufacturing aids, title to which would not be obtained as special tooling under paragraph (d) (2)(ii) of this clause; and

(iv) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by other clauses of this contract.

(3) Although title to property is in the Government under this clause, other applicable clauses of this contract; e.g., the termination or special tooling clauses, shall determine the handling and disposition of the property.

(4) The Contractor may sell any scrap resulting from production under this contract without requesting the Contracting Officer's approval, but the proceeds shall be credited against the costs of performance.

(5) To acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contractor must obtain the Contracting Officer's advance approval of the action and the terms. The Contractor shall (i) exclude the allocable costs of the property from the costs of contract performance, and (ii) repay to the Government any amount of unliquidated progress payments allocable to the property. Repayment may be by cash or credit memorandum.

(6) When the Contractor completes all of the obligations under this contract, including liquidation of all progress payments, title shall vest in the Contractor for all property (or the proceeds thereof) not--

(i) Delivered to, and accepted by, the Government under this contract; or

(ii) Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the Government under this clause.

(7) The terms of this contract concerning liability for Government-furnished property shall not apply to property to which the Government acquired title solely under this clause.

(e) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the title to which vests in the Government under this clause, except to the extent the Government expressly assumes the risk. The Contractor shall repay the Government an amount equal to the unliquidated progress payments that are based on costs allocable to property that is damaged, lost, stolen, or destroyed.

(f) Control of costs and property. The Contractor shall maintain an accounting system and controls adequate for the proper administration of this clause.

(g) Reports and access to records. The Contractor shall promptly furnish reports, certificates, financial statements, and other pertinent information reasonably requested by the Contracting Officer for the administration of this clause. Also, the Contractor shall give the Government reasonable opportunity to examine and verify the Contractor's books, records, and accounts.

(h) Special terms regarding default. If this contract is terminated under the Default clause, (i) the Contractor shall, on demand, repay to the Government the amount of unliquidated progress payments and (ii) title shall vest in the Contractor, on full liquidation of progress payments, for all property for which the Government elects not to require delivery under the Default clause. The Government shall be liable for no payment except as provided by the Default clause.

(i) Reservations of rights.

(1) No payment or vesting of title under this clause shall --

(i) Excuse the Contractor from performance of obligations under this contract or

(ii) Constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government's rights and remedies under this clause

(i) Shall not be exclusive but rather shall be in addition to any other rights and remedies provided by law or this contract and

(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(j) Financing payments to subcontractors. The financing payments to subcontractors mentioned in paragraphs (a)(1) and (a)(2) of this clause shall be all financing payments to subcontractors or divisions, if the following conditions are met:

(1) The amounts included are limited to--

(i) The unliquidated remainder of financing payments made; plus

(ii) Any unpaid subcontractor requests for financing payments.

(2) The subcontract or interdivisional order is expected to involve a minimum of approximately 6 months between the beginning of work and the first delivery; or, if the subcontractor is a small business concern, 4 months.

(3) If the financing payments are in the form of progress payments, the terms of the subcontract or interdivisional order concerning progress payments--

(i) Are substantially similar to the terms of this clause for any subcontractor that is a large business concern, or this clause with its Alternate I for any subcontractor that is a small business concern;

(ii) Are at least as favorable to the Government as the terms of this clause;

(iii) Are not more favorable to the subcontractor or division than the terms of this clause are to the Contractor;

(iv) Are in conformance with the requirements of FAR 32.504(e); and

(v) Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the Government's right to require delivery of the property to the Government if--

(A) The Contractor defaults; or

(B) The subcontractor becomes bankrupt or insolvent.

(4) If the financing payments are in the form of performance-based payments, the terms of the subcontract or interdivisional order concerning payments--

(i) Are substantially similar to the…