ATTACHMENT 3 - Addendum to FAR 52.212-1 Instructions to Offerors.pdf

1. SAM.GOV REQUIREMENTS:

This is a request for quote for solicitation W912EF26QA018 in accordance with the performance work statement for the U.S. Army Corps of Engineers, Walla Walla District, at 201 North 3rd Ave, Walla Walla, WA, 99362.

The System for Award Management (SAM) is online. SAM replaced FBO. If you have been using FBO, you should now go to www.sam.gov to find your information.

Registration at www.sam.gov is required. Failure to register in the SAM database will make an offeror ineligible for award. Effective 29 April 2018, the notarized letter process is now mandatory on all CURRENT registrants at SAM who have a requirement to update data on their SAM record. The notarized letter is mandatory and is required in order for the GSA Federal Service Desk (FSD) to activate the entity's registration. Both Federal Assistance entities and all non-Federal entities must mail the original, signed copy of the notarized letter to the Federal Service Desk. Failure to do so within 30 days of activation may result in the registration no longer being active. Mail the completed, signed, notarized letter to:

FEDERAL SERVICE DESK

ATTN: SAM.GOV REGISTRATION PROCESSING

460 INDUSTRIAL BLVD

LONDON, KY 40741-7285

UNITED STATES OF AMERICA

Completion of the required FAR 52.212-3 Alt. I, Offeror Representations and Certifications - Commercial Products and Commercial Services is required. When you complete your SAM registration, the link to complete your Reps and Certs is also available. Please do not hesitate to contact me or the SAM web site if you need assistance or have questions.

Completion of FAR 52.212-3 Offeror Representations and Certifications-Commercial Items

- Alternate 1 (May 2014). Electronic completion is encouraged (see http://farsite.hill.af.mil to download Representations and Certifications).

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at www.sam.gov, the offeror shall complete only paragraphs (b) through (i) of this provision.

In accordance with FAR 52.229-3 Federal, State, and Local Taxes, and per Title 4 of the US Code 104-107, the Government is exempt from paying local and state taxes. Exempt Tax Identification Number 91-0828090.

2. GENERAL CONTRACT INFORMATION:

TO ENSURE RECEIPT OF YOUR QUOTE, PLEASE SEND TO THE ATTENTION OF Mary Seiner AT Mary.L.Seiner@usace.army.mil.

Name:_____________________________________________________________

Contact Telephone Number:____________________________________________

Email Address:______________________________________________________

Company's Federal Tax Identification Number: ____________________________

CAGE CODE:__________________ Unique Entity ID (UEI):_________________

Total Amount of Contract:____________________________

Is your company registered on-line in SAM (www.sam.gov)? YES / NO

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

Submission of Price Quote - Contractor shall submit the following in 1 copy:

1. Signed and dated Standard Form 1449 (Solicitation / Contract / Order for Commercial Items).

2. Signed and dated Standard Form 30, if applicable, for any Amendments to the Solicitation

3. Completed schedule (pricing information) for all line items listed in the solicitation/amendments.

4. Completed Clause 52.212-3 and Alt I, "Offeror Representations and Certifications-- Commercial Products and Commercial Services". As noted above.

5. Qualification records IAW FAR 52.246-11 Higher-Level Contract Quality Requirement. Contractors are required to comply with FAR 52.246-11 Higher-Level Contract Quality Requirement at time of quote submission. Submit documentation verifying the applicable certification at time of quote submission. Quotes that are not in compliance with the stated qualification requirements will be deemed non-responsive and will not be considered.

**The unit price for each contract line item (CLIN) must be inclusive of all applicable administrative and shipping costs.

PRICES QUOTED MUST BE VALID FOR 30 DAYS FROM SOLICITATION DUE DATE.

Solicitation shall result in a firm-fixed-price contract.

BUSINESS HOURS

The standard business hours for the Walla Walla District, Corps of Engineers are Monday through Friday from 8:00a.m. to 4:00 p.m., excluding federal holidays.

BASIS FOR AWARD

The Government will award one contract resulting from this solicitation in accordance with FAR 13.106 to the responsible offeror meeting or exceeding all solicitation requirements and representing the best value based on the evaluation factors specified in FAR 52.212-2 of this solicitation.

3. BIDDER INQUIRY:

Bidder/Offeror Solicitation Questions:

All inquiries regarding this solicitation are to be submitted via Bidder Inquiry. Telephone and email inquiries will not be accepted. Bidder Inquiry is a website that allows bidders to post questions regarding the solicitation and view all questions by other bidders and responses by USACE. Bidder Inquiry can be accessed through ProjNet at (https://www.projnet.org).

To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective vendor who submits a comment/question will receive an acknowledgement of the comment/question via email. Another email to the same address will notify the prospective vendor once the reply is available for viewing.

TIMING OF BIDDER INQUIRIES: Bidders are encouraged to submit their bidder inquiries promptly. The Government will make every effort to answer all bidder inquiries; however, the closer to the solicitation due date an inquiry is received, the less likely it is that a timely response can be provided.

The Bidder Inquiry Key is: NED9JC-4HHAMN

Specific Instructions for ProjNet Bid Inquiry Access:

1. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

2. Identify the Agency. This should be marked as USACE.

3. Key. Enter the Bidder Inquiry Key listed above.

4. Email. Enter the email address you would like to use for communication.

5. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

7. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Instructions for Entering Questions:

1. After you are logged in click on the "post new inquiry", it is on the left side of the window under the Word "Submit".

a) This is the window where you will enter your questions.

b) Comment Classification: Click on the down arrow to the right of the words "Please select from below", select "Public".

c) Discipline: This is where you select who this question should be directed to. Example, if the question is about an electrical drawing or specification select: "Electrical" from the pull-down list.

d) Sheet. Enter the sheet number of the drawing you are asking about.

e) Detail. Enter the detail name of the detail shown on the drawing that you are asking about.

f) Specification. Enter the Specification number and paragraph number.

g) File. Use this if you are going to attach a pdf file.

h) Question. Enter your question here.

Specific Instructions for Future ProjNet Bid Inquiry Access:

1. For future access to ProjNet, you will not be provided any type of password. You will utilize your Secret Question and Secret Answer to login.

2. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

3. Identify the Agency. This should be marked as USACE.

4. Key. Enter the Bidder Inquiry Key listed above.

5. Email. Enter the email address you used to register previously in ProjNet.

6. Click Continue. A page will then open asking you to enter the answer to your Secret Question.

7. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

For questions about the ProjNet Bidder Inquiry, please contact the Call Center help desk at ProjNet: Public User, (833) 389-1097 or 217-367-3273, which operates from 8AM to 5PM (Central US time zone). Bidder inquiry help questions can also be emailed to the helpdesk at staff@projnet.info. Offerors are cautioned to clearly print prices for all line items. Be especially careful placing decimal points, as a mistake in your offer may render it unresponsive. Your quote must be valid for 30 calendar days after the due date specified for receipt of quotations.

4. Special Contract Requirements:

1) FAR provision 52.229-11 and FAR clause 52.229-12 are included in this solicitation. This provision and clause concern the imposition of a 2 percent Federal excise tax withholding on any resultant contract award or payment request. This rule applies to Federal Government contracts for goods or services that are awarded to foreign persons - such as foreign contractors. It implements the Department of the Treasury's final regulations published in the Federal Register at 81 FR55133 on August 18, 2016, under section 5000C of the Internal Revenue Code relating to the 2 percent tax on payments made by the U.S.

Government to foreign persons pursuant to certain contracts.

Pursuant to the FAR 52.229-3 Federal, State, and Local Taxes, taxes imposed under 26 U.S.C.5000 C may not be included in the contract price or reimbursed.

Exemptions from this excise tax must be claimed by an Offeror when it submits, with its offer, a U.S. Department of Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/W14. If not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each contract payment. Failure to submit an IRS Form W-14 with each payment request will also result in an automatic withholding of 2 percent from the payment request.

When filling out the IRS Form W-14 the following information may be used to complete Part I, Lines 6 and 7.

Line 6 Contract/reference number: W912EF26QA018

Line 7 "Name and address of the acquiring agency":

US Army Corps of Engineers, Walla Walla District

201 North Third Ave

Walla Walla, WA 99362-1876

Any exemption claimed and self-certified is subject to audit by the IRS. Any disputes concerning this tax are adjudicated by the IRS because the Section 5000C tax is a tax matter not a contract issue.

Offerors are encouraged to seek guidance from their own tax professionals for advice concerning the provision, clause, and exclusions exclusion/submission of IRS Form W-14.

Notwithstanding the above, the USACE does not have a means of withholding this excise tax at this time. As a result, contractors are expected to comply with the instructions above and to properly complete and return the W-14 at proposal submission, and with each pay application. The amount due for each withholding will be confirmed by USACE, BUT WILLNOT BE WITHHELD. It is the contractor's responsibility to set aside, or remit to the IRS, the amount confirmed by USACE. Whether the contractor sets the money aside for future payment to the IRS, or makes payment to the IRS, is the contractor's discretion, based on its analysis of the regulations regarding the excise tax. In the event that USACE is able to withhold during contract performance, it will notify the contractor and make such a withholding (including any catch up withholdings); no advance notice is required to the contractor prior to the withholding. Under no circumstances is USACE liable for any tax not paid by the contractor. The contractor is liable for the tax, to the extent required by law, regardless of whether USACE makes a withholding.

FAR 29.204 expressly states that "[a]gencies merely withhold the tax (section 5000C tax) for the Internal Revenue Service (IRS). All substantive issues regarding the underlying section 5000C tax, e.g., the imposition of, and exemption from the tax, are matters under the jurisdiction of the IRS." Therefore, we cannot help you determine how the tax law applies to you. We strongly recommend that you contact the IRS and/or a tax professional should you have any questions of this nature. To be clear, this information does not constitute tax advice or are presentation of your tax liability. Furnishing this information does not create liability for the USACE for any Federal, state, or local taxes applicable to the above-referenced contract or any other contract.

For submission requirements and basis of evaluation:

Executed FAR Provision 52.229-11.

Completed IRS Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, if applicable. If not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each payment.