ATCH_7_FAR 52.229-11.pdf

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Attached to
Technical Instruction Services Basic and Advanced Physical Surveillance Course- IAARNG MCTC Federal contract opportunity
Solicitation number
W912LP-21-R-0005
Issued by
Department of the Army Iowa Army National Guard

About this file

This federal solicitation requests technical instruction services for a "Basic and Advanced Physical Surveillance" course. Offerors must provide training in accordance with the attached performance work statement. Proposals are due by 11:00 a.m. on August 11, 2021 to be considered for the base period of performance from date of award to May 31, 2022, as well as four option periods running annually thereafter through May 2026. Pricing must be firm fixed price for all contract line items. This 100% small business set-aside requires the commercial item procedures under FAR Part 12 and is subject to service contract labor standards wage determinations. The soliciting agency is the Department of the Army Iowa Army National Guard.

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Other files attached to Technical Instruction Services Basic and Advanced Physical Surveillance Course- IAARNG MCTC, newest first.
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Questions_and_Answers 08-02-2021.pdf PDF
Questions_and_Answers 07-27-21.pdf PDF
ATCH_2_Full Text Provisions and Clauses (KO Corrected 07-16-21).pdf PDF
ATCH_5a_PPQCoverLetter 7-8-2021.pdf PDF
ATCH_5b_Past_Performance_Questionnaire.pdf PDF
ATCH_6_FAR and DFARS Section 889 Representations 7-8-2021.pdf PDF
ATCH_8_WD 2015-4979 Rev 13 Revised 06-17-21.pdf PDF
ATCH_1_PWS-Physical Surveillance (KO Corrected 07-11-21).pdf PDF
ATCH_3_Submission Requirements 7-8-2021.pdf PDF
ATCH_4_Instructor_Qualificaton_Checklist 07-08-21.pdf PDF

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Attachment #7 Page 1 of 2

52.229-11 Tax on Certain Foreign Procurements—Notice and Representation.

Tax on Certain Foreign Procurements—Notice and Representation (Jun 2020)

(a) Definitions. As used in this provision—

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.

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 would claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet 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 [Offeror shall select one] from the excise tax.

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section7701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://www.irs.gov/w14 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim

Attachment #7 Page 2 of 2

(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 Internal Revenue Service (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) https://www.acquisition.gov/far/part-52#FAR_52_229_12 https://www.acquisition.gov/far/part-52#FAR_52_229_12 https://www.irs.gov/help/tax-law-questions

52.229-11 Tax on Certain Foreign Procurements—Notice and Representation.

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