2.2 26QS262 RFQ POST.pdf
PDF 2 MB Posted
- Attached to
- MOTOROLA RADIO SOFTWARE UPGRADE
- Solicitation number
- N0040626QS262
About this file
This is a Navy solicitation for Motorola software upgrades to be provided by an authorized Motorola distributor under a firm fixed-price contract. The solicitation number is N0040626QS262, issued by NAVSUP Fleet Logistics Center Puget Sound.
The procurement upgrades 34 existing Motorola APX portable radios to enable communications interoperability with mutual aid agencies per OPNAV 11320.23H. Ten radios require the TDMA feature added to their existing 7/800 MHz options, while 24 radios require both 7/800 MHz and TDMA feature sets. The vendor must provide specific software licenses: two Digital Smartzone licenses (T8553), 34 TDMA Operation enhancement licenses (QA00580AB), and 24 7/800 MHz Band FLP licenses (QA00569AL). The delivery date is September 30, 2026, with delivery to Navy Region Northwest in Silverdale, Washington (DoDAAC N68742). Evaluation factors include technical capability (including delivery date), price, and past performance with no stated order of relative importance. The Government reserves the right to make a single award to the offeror whose quote is deemed in the best interest of the Government. Authorized Distributor documentation from Motorola must accompany all quotes. Invoicing must be submitted via WAWF, and the contractor must be registered in SAM. All quoters must identify exceptions from solicitation terms and conditions; quotes without noted exceptions are assumed to accept all specifications and provisions.
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Solicitation/Contract Form Continuation
MOTOROLA SOFTWARE UPGRADE
This solicitation is a brand name requirement for OEM Motorola equipment software updates, to be provided by an authorized Motorola distributor.
1. NOTICE TO ALL OFFERORS: The Government anticipates awarding a firm, fixed price contract in accordance with RFO Part 12in response to quotes/proposals received in response to this solicitation. A firm, fixed price contract places the maximum risk and full responsibility for all costs and resulting profit or loss on the contractor, offerors are advised to consider these risks when pricing their quotes/proposals.
2. See block 8 on page 1 of the solicitation for the closing date and time.
3. The deadline for submission of questions regarding the solicitation's terms, conditions, specifications, and/ performance work statement (PWS) is 1 day prior to the solicitation's closing date. Submit via email, to the Contracting Official 2 days prior to solicitation closing date:
Name: Mary Gilman Email: mary.j.gilman2.civ@us.navy.mil
4. FOR COMPETITIVE REQUIREMENTS -
In accordance with RFO 12.203, the Government will select the most advantageous offer based on the following evaluation factors: technical including delivery date, price, and past performance in no order of relative importance.
5. "EXCEPTIONS: All quoters MUST note all exceptions from the solicitation's terms, conditions, specifications, and/or the statement of work / performance work statement, if any. It will be assumed that any quote without mention of any exceptions will take no exception from all specifications, terms and conditions, clauses, or provisions within the solicitation."
6. SINGLE AWARD FOR ALL ITEMS: Due to the interrelationship of supplies and/or services to be provided hereunder, the Government reserves the right to make a single award to the quoter whose quote is considered in the best interest of the government, price and other factors considered. Therefore, quoters who quote less than the entire effort specified herein may be determined to be unacceptable.
7. BRAND NAME STATEMENT: This acquisition will be negotiated on a BRAND NAME basis with Original Equipment Manufacturer (OEM) Motorola or AUTHORIZED DISTRIBUTORS per FAR 11. Interested AUTHORIZED DISTRIBUTORS may identify their interest and capability to respond to the requirement or submit proposals prior to offer due date. AUTHORIZED DISTRIBUTOR letter or documentation from the OEM is required to be submitted with quotes.
8. Submission of invoices will be via WAWF; see Clause 252.232-7006.
PLEASE PROVIDE:
YOUR NAME:
YOUR SAM REGISTERED CAGE CODE NUMBER:
YOUR E-MAIL ADDRESS:
YOUR PHONE NUMBER:
N0040626QS262
LIST YOUR COMPANY SIZE: LARGE OR SMALL
YOUR COMPANY MUST BE REGISTERED WITH **SAM** SYSTEM AWARD FOR MANAGEMENT
IN ORDER TO RECEIVE A GOVERNMENT AWARD
THIS IS ALWAYS A FREE SITE TO REGISTER; SEE FOLLOWING LINK: HTTPS://WWW.SAM.GOV
**************THE FOLLOWING INFORMATION MUST BE PROVIDED******************
CLIN | Manufacturer's Name | Manufacturer's Size | Part Number | Country of Origin 0001 __________________________ ______________________ ___________________
Continuation of Supplies or Services and Prices/Costs
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price Amount
Motorola SOFTWARE Upgrade in accordance with performance work statement
OEM- MOTOROLA
Internal Number: 1301326920 -N6874226PR00134 Pricing Arrangement: Firm Fixed Price
1 Job
Continuation of Description
Performance Work Statement
Requesting a product procurement to upgrade Motorola APX portable radios.
This procurement effort will upgrade 34 existing Motorola APX portable radios to be compatible with mutual aid agencies and enable radio communications interoperability as required by OPNAV 11320.23H. 10 radios that currently have the 7 /800 MHz options and require the TDMA feature to be added. An additional 24 radios need both the 7/800 MHz and TDMA feature sets.
Radios for 7/800 MHz & TDMA Feature Options
Part Number Current Flash Code Quantity
H91TGD9PW7AN DQ7068-011480-6-000000-000000 24
Serial Numbers:
581CSZ1149, 581CSZ1150, 581CSZ1151, 581CSZ2035, 581CSZ2036, 581CSZ2037,
581CSZ2038, 581CSZ2039, 581CSZ2040, 581CSZ2041, 581CSZ2042, 581CSZ2043,
581CSZ2044, 581CSZ2045, 581CSZ2046, 581CSZ2047, 581CSZ2048, 581CSZ2049,
581CSZ2050, 581CSZ2051, 581CSZ2052, 581CSZ2053, 581CSZ2054, 581CSZ2055
Radios for TDMA Feature Option
Part Number Current Flash Code Quantity
H91TGD9PW6AN DQX06g-011480-7-000000-000000 10
Serial Numbers:
581CVR0575, 581CVR0576, 581CVR0579, 581CVR0580, 581CVR0581, 581CVR0582,
581CVR0585, 581CVR0586, 581CVR0587, 581CVR0584
Vendor will provide the following items in the specified quantities.
ITEM NUMBER DESCRIPTION QUANTITY
Flashport Series
T8553 Software License Digital Smartzone 2
QA00580AB Software License ENH: TDMA Operation 34
QA00569AL ENH: 7/800 MHZ Band FLP 24
Requirements To upgrade 34 existing Motorola APX portable radios to be compatible with mutual aid agencies and enable radio communications interoperability as required by OPNAV 11320.23H. 10 radios that currently have the 7 /800 MHz options and require the TDMA feature to be added. An additional 24 radios need both the 7/800 MHz and TDMA feature sets.
See PWS for serial numbers
Continuation of Packaging and Marking
Continuation of Inspection and Acceptance
Overall Contract Inspection/Acceptance Locations
Inspection and Acceptance Location
Both Destination Instructions: Software receipt
DoDAAC: N68742 CountryCode: USA
NAVY REGION NORTHWEST
1100 RAMIREZ DE ARELLANO RD, SILVERDALE WA 98315
SILVERDALE, WA 98315
UNITED STATES
Eric Wentworth, Supply Email: Eric.b.wentworth.civ@us.navy.mil Telephone: 360-396-2355
Continuation of Deliveries or Performance
Overall Contract Delivery Period
Contractor Destination
Line Item Delivery Schedule Quantity Address and POC
Delivery Requested By Delivery Date 30 Sep 2026
1 Job Ship To DoDAAC: N68742 CountryCode: USA
NAVY REGION NORTHWEST
1100 RAMIREZ DE ARELLANO RD, SILVERDALE WA 98315
SILVERDALE, WA 98315
UNITED STATES
Eric Wentworth, Supply Email: Eric.b.wentworth.civ@us.navy.mil Telephone: 360-396-2355
Continuation of Accounting and Appropriation Data
Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation)
Feb 2026
52.212-4 Terms and Conditions-Commercial Products and Commercial Services. (Deviation) Feb 2026 52.222-19 Child Labor-Cooperation with Authorities and Remedies. (Deviation) Feb 2026 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.222-36 Equal Opportunity for Workers with Disabilities. (Deviation) Feb 2026 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region. Jun 2023 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7010 Levies on Contract Payments. Dec 2006
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
Jan 2023
252.246-7008 Sources of Electronic Parts. Jan 2023 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations. Oct 2010 252.247-7023 Transportation of Supplies by Sea. Oct 2024 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) As used in this clause- Definitions.
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.
authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) To access WAWF, the Contractor shall- WAWF access.
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.
Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/
(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.
Protocol.
(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF payment instructions.
WAWF for this contract or task or delivery order:
(1) The Contractor shall submit payment requests using the following document type(s): Document type.
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
__COMBO__
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF Document routing.
when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC ____
Issue By DoDAAC N00406____
Admin DoDAAC _N00406___
Inspect By DoDAAC ____
Ship To Code N68742
Ship From Code ____
Mark For Code ____
Service Approver (DoDAAC) ____
Service Acceptor (DoDAAC) ____
Accept at Other DoDAAC ____
LPO DoDAAC N68742_
DCAA Auditor DoDAAC ____
Other DoDAAC(s) ____
(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")
(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.
accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
Alair Woods, 360-396-5516, alair.n.woods.civ@us.navy.mil
(Contracting Officer: Insert applicable information or "Not applicable.")
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Addendum to 52.212-4, Contract Terms and Conditions - Commercial Products and Commercial Services
Contract Terms and Conditions Required To Implement Statutes or Executive Orders — Commercial Products and Commercial Services
Addendum to Contract Clauses
Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.233-3 Protest after Award. (Deviation) (Alternate I) Feb 2026 Alternate I Feb 2026 52.219-6 Notice of Total Small Business Set-Aside. (Alternate I) Feb 2026 Alternate I Mar 2020 52.204-13 System for Award Management-Maintenance. (Deviation) (Alternate I) Feb 2026 Alternate I Feb 2026 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (Deviation) Feb 2026 52.222-3 Convict Labor. (Deviation) Feb 2026 52.240-91 Security Prohibitions and Exclusions. (Deviation) Feb 2026 52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation) Feb 2026
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors. Jan 2023 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022
Additional Regulation or Supplemental Clauses Incorporated by Full Text
N00406 ABILITY ONE (Feb 2025)
THE FOLLOWING NAVSUP LOCAL TEXT IS HEREBY MADE PART OF THE STATEMENT OF WORK/PERFORMANCE
WORK STATEMENT.
NAVSUP Fleet Logistics Center (FLC) Puget Sound (PS) may utilize contractor support through the AbilityOne Program, as needed, to perform contract closeout functions for this acquisition. Information, including business sensitive/confidential or proprietary data, that the offeror provides to the Government or information already in the possession of the Government may be viewed and utilized by the AbilityOne Program support contractor personnel during the course of its contract performance. The information that may be made available to the support contractor may include, for example, pricing and technical proposals, historical contract, pricing and performance information, Commercial Asset Visibility (CAV) reporting information and similar data/information. By submission of a proposal in response to this solicitation, the offeror and its subcontractors consent to a release of their business sensitive/confidential or proprietary data to the Government's AbilityOne Program support contractor personnel in order to perform close out services. Prior to the release of any such information to the support contractor, the support contractor will have in place with the Government a Non- Disclosure/Non-Use Agreement in accordance with the terms of the AbilityOne Program support contract.
Offerors may execute their own Non-Disclosure Agreement with the AbilityOne Program (AbilityOne contact information available from the contracting point of contact). The support contractor must provide copies of the executed agreements to the Contracting Officer and the Contracting Officer's Representative (COR) for the support contract; and the offeror/contractor for this acquisition must provide copies of the executed Agreement to the Contracting Officer for this acquisition. If the offeror/contractor seeks such a Non-Disclosure Agreement with the AbilityOne Program support contractor, the Agreement must be executed no later than the date of final delivery under the resulting NAVSUP FLC PS contract.
List of Contract Documents, Exhibits, or Attachments
Solicitation Provisions
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.212-1 Instructions to Offerors-Commercial Products and Commercial Services. (Deviation) Feb 2026
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.203-7005 Representation Relating to Compensation of Former DoD Officials. Sep 2022 252.204-7024 Notice on the Use of the Supplier Performance Risk System. Mar 2023
DFARS Clauses Incorporated by Full Text
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.
(May 2021)
PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES-
REPRESENTATION (MAY 2021)
The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument."
(a) . "Covered defense telecommunications equipment or services," "covered mission," "critical technology," and "substantial or Definitions essential component," as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.
(b) . Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from Prohibition procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
(c) . The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at for Procedures https://www.sam.gov entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.
(d) . If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at Representation 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does" provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:
The Offeror represents that it will will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.
(e) . If the Offeror has represented in paragraph (d) of this provision that it "will provide covered defense telecommunications Disclosures equipment or services," the Offeror shall provide the following information as part of the offer:
(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).
(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph (b) of this provision.
(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).
(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).
(End of provision)
252.204-7016 Covered Defense Telecommunications Equipment or Services-Representation. (Dec 2019)
COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (DEC 2019)
(a) . As used in this provision, "covered defense telecommunications equipment or services" has the meaning provided in the clause Definitions 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
(b) . The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( ) for Procedures https://www.sam.gov entities excluded from receiving federal awards for "covered defense telecommunications equipment or services".
(c) . The Offeror represents that it does, does not provide covered defense telecommunications equipment or services as a Representation part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(End of provision)
Addendum to 52.212-1, Instructions to Offerors - Commercial Products and Commercial Services
Evaluation - Commercial Products and Commercial Services
Addendum to Evaluation - Commercial Product and Commercial Services
Offeror Representations and Certifications - Commercial Products and Commercial Services
Addendum to Solicitation Provisions
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.
Jan 2017
52.204-7 System for Award Management-Registration. (Deviation) Feb 2026 52.222-50 Combating Trafficking in Persons. (Deviation) Feb 2026 52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (Deviation) Feb 2026
FAR Clauses Incorporated by Full Text
52.229-11 Tax on Certain Foreign Procurements-Notice and Representation. (Jun 2020)
TAX ON CERTAIN FOREIGN PROCUREMENTS-NOTICE AND REPRESENTATION (JUN 2020)
(a) . As used in this provision-Definitions
Foreign person means any person other than a United States person.
Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area of the United States.
United States person as defined in 26 U.S.C. 7701(a)(30) means
(1) A citizen or resident of the United States;
(2) A domestic partnership;
(3) A domestic corporation;
(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and
(5) Any trust if-
(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and
(ii) One or more United States persons have the authority to control all substantial decisions of the trust.
(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.
(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror may claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C.
5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.
(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that
(1) It is is not a foreign person; and
(2) If the Offeror indicates "is" in paragraph (d)(1) of this provision, then the Offeror represents that-I am claiming on the IRS Form W-14 a full exemption, or partial or no exemption [ ] from the excise tax.Offeror must select one
(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then-
(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and
(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.
(f) If the Offeror selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.
(g) A taxpayer may, for a fee, seek advice from the IRS as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.
(End of provision)
| Solicitation/Contract Form Continuation |
| Continuation of Supplies or Services and Prices/Costs |
| Continuation of Description |
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| Continuation of Accounting and Appropriation Data |
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