COMBINED SYNOPSIS/SOLICITATION

W9127N26QA092

Sample Testing Blanket Purchase Agreement

U.S. ARMY CORPS OF ENGINEERS, PORTLAND DISTRICT

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in RFO Subpart 12.202(b), as supplemented with additional information included in this notice. This announcement constitutes only the solicitation; quotes are being requested and a written solicitation will not be issued.

Solicitation W9127N26QA092 is for the establishment of multiple Blanket Purchase agreement for Sample Testing services. The Contractor shall provide all personnel, equipment, tools, and all other items necessary to perform sample testing services for the US Army Corps of Engineers (USACE) - Hydroelectric Design Center (HDC).

The following solicitation is issued as a Request for Quote (RFQ), and the solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-04.

This solicitation is advertised as Small Business Set Aside under NAICS Code 541380, Testing Laboratories and Services with a Small Business Size Standard of $19,000,000.00. All prospective offerors must be registered in the System for Award Management (SAM) at www.sam.gov to be eligible for award. Lack of active SAM registration will make an offeror ineligible for award.

The Government requests pricing for Sample Testing services in Attachment 1 – Schedule of Tests and Sampling by CLIN, in accordance with Attachment 4 – Sample Testing PWS.

Period of Performance: The period of performance is five years from date of agreement award

Submissions: Quotes are due no later than, 25 September 2026, at 11:00 AM PST. Offerors are responsible for verifying receipt of their quotes to this office before the offer due date and time.

Facsimile (Fax) responses are not accepted. If you have any questions or concerns, you may contact Jessica Manley by email at Jessica.Manley@usace.army.mil.

Quotes must be emailed to:

Jessica.Manley@usace.army.mil Cory.R.Pfenning@usace.army.mil

52.212-1 INSTRUCTIONS TO OFFERORS–COMMERCIAL ITEMS (JUL 2021) –

ADDENDUM

Proposals shall include the following:

1. Name / Date:

2. Address / Telephone No.:

http://www.sam.gov/ mailto:Jessica.Manley@usace.army.mil mailto:Jessica.Manley@usace.army.mil

3. Cage Code (or UEI, both from SAM):

4. Quote – Enter pricing information on Attachment 1 - BPA Test and Sampling Pricelist. All quotes shall include the following:

• Completed Attachment 1 – BPA Bid Schedule

• Include proof of ISO 17025 accreditation and a technical narrative about the contractor’s testing capabilities.

52.212-2 EVALUATION – COMMERICAL PRODUCTS AND COMMERCIAL SERVICES (NOV

2021)

(a) The Government will award up to five Blanket Purchase Agreements resulting from this solicitation to the offer responsible, whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1. Technical Acceptability – Evaluation of the technical acceptability of a quote will be based upon conformance with the Performance Work Statement (PWS). Include proof of ISO 17025 accreditation and a technical narrative. At a minimum, the technical narrative must provide verification that a contractor has the ability to provide results for the following tests:

• Chemical Analysis (PWS Paragraph 5.1.2.a)

• Hardness Test (PWS Paragraph 5.1.2.b)

• Tension Test (PWS Paragraph 5.1.2.c)

• Impact Test (PWS Paragraph 5.1.2.d)

The narrative can be in various forms (e.g., contractor brochure, written description for this solicitation) as long as it verifies ability to provide the applicable test results. This factor will be a Pass or Fail, with a conforming quote receiving a Pass and a non-conforming quote receiving a Fail rating.

2. Price – Quoted price will be evaluated for reasonableness and conformity with the solicitation.

Technical Acceptability is approximately equal to price. The Government reserves the right to award without discussions if determined necessary by the Procurement Contracting Officer.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(c) The Government intends to award up to five Blanket Purchase Agreements through this solicitation. (End of provision)

Attachments

1. BPA Bid Schedule

2. Sample Testing Call Order Tracking Sheet

3. Sample Testing Call Order Form

4. Sample Testing PWS

5. Sample Test Terms and Conditions

6. QASP Sample Testing

7. Clauses and Provisions

Sincerely, Cory R. Pfenning Contracting Officer

Special Contract Requirements:

FAR provision 52.229-11 and FAR clause 52.229-12

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 FR 55133 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: W9127N26QA0092 Line 7 “Name and address of the acquiring agency”: Portland District, PO Box 2946 Portland, OR 97208

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 WILL NOT 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 a representation 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.