Solicitation - W912P826QA018 Maintenance BPA.pdf
PDF 3 MB Posted
- Solicitation number
- W912P826QA018
About this file
This is a Solicitation/Contract/Order for Commercial Products and Commercial Services using Standard Form 1449 for a Blanket Purchase Agreement (BPA) for maintenance services related to lock and control structures.
The solicitation, numbered W912P826QA018, was issued by the U.S. Army Corps of Engineers (Nashville District), Operations Division, on 8 June 2026, with an offer due date of 24 June 2026 at 10:00 AM. The acquisition is set aside for HUBZone small business concerns with a 100% set-aside restriction, and the contract incorporates a 10 percent price evaluation preference for HUBZone small businesses that have not waived the preference. The Product Service Code is Z2QA. The contract involves maintenance services for lock and control structures under a blanket purchase agreement structure. Multiple wage determinations are included for various Louisiana parishes, including Iberville, Pointe Coupee, West Baton Rouge, Calcasieu, Cameron, Ouachita, Union, Jefferson, Orleans, Plaquemines, St. John the Baptist, St. Bernard, St. Charles, Caldwell, Catahoula, Concordia, Franklin, Tensas, St. Landry, St. Mary, and Vermilion counties, with effective dates of 13 May 2026. The contract incorporates standard FAR and DFARS clauses addressing commercial products and services, small business requirements, labor standards, payment procedures, cybersecurity safeguards, and various compliance and representation requirements. The Performance Work Statement (dated 18 May 2026) is attached as the primary technical specification document.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| 15-5177 Iberville Pointe Coupee West Baton Rouge.docx | DOCX document | |
| 15-5187 Ouachita Union.docx | DOCX document | |
| 15-5189 Jefferson Orleans Plaquemines st john the baptist st bernard st charles.docx | DOCX document | |
| 15-5185 Calcasieu Cameron.docx | DOCX document | |
| 15-5207 St Landry St Mary.docx | DOCX document | |
| SOW- BPA for OD Structures - Updated 18May 0838 1.docx | DOCX document | |
| 15-5201 Caldwell Catahoula Concordia Franklin Tensas.docx | DOCX document | |
| 15-5835 Vermilion.docx | DOCX document |
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
WOMEN-OWNED SMALL
BUSINESS (WOSB)
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NUMBER 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NUMBER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
REQUEST
FOR QUOTE
(RFQ)
INVITATION
FOR BID
(IFB)
REQUEST
FOR
PROPOSAL
(RFP)
SEE ADDENDUM
19.
ITEM NUMBER
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH
AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND
ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS
SPECIFIED
29. AWARD OF CONTRACT: REFERENCE OFFER
DATED . . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NORTH AMERICAN
INDUSTRY CLASSIFICATION
STANDARD (NAICS):
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
THE DEFENSE PRIORITIES
AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FREE ON
BOARD (FOB) DESTINATION
UNLESS BLOCK IS MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
8(A)
ECONOMICALLY
DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.
calls)
Solicitation/Contract Form Continuation
Operations Division Services BPAInstrument Name:
Product Service Code : Z2QA
W912P826QA018
Continuation of Supplies or Services and Prices/Costs
Additional Information/Notes
Continuation of Description
Requirements Maintenance for Lock and Control Structure Blanket Purchase Agreement.
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.
2017-01
52.204-13 System for Award Management- Maintenance. (Deviation 2026- O0038)
2026-02
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation 2026- O0038)
2026-02
52.212-4 Terms and Conditions- Commercial Products and Commercial Services. (Deviation 2026-O0038)
2026-02
52.219-3 Notice of HUBZone Set-Aside or Sole-Source Award. (Deviation 2026-O0038)
2026-02
52.219-6 Notice of Total Small Business Set-Aside. (Deviation 2026- O0038)
2026-02
52.222-41 Service Contract Labor Standards. (Deviation 2026- O0038)
2026-02
52.222-50 Combating Trafficking in Persons. (Deviation 2026-O0038)
2026-02
52.222-62 Paid Sick Leave Under Executive Order 13706. (Deviation 2026- O0038)
2026-02
52.222-90 Addressing DEI Discrimination by Federal Contractors.
(Deviation 2026-O0040, Revision 1)
2026-04
52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners.
(Deviation 2026-O0038)
2026-02
52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.
2024-05
52.229-12 Tax on Certain Foreign Procurements. (Deviation 2026- O0038)
2021-02
52.232-33 Payment by Electronic Funds Transfer-System for Award Management.
2018-10
52.232-40 Providing Accelerated Payments to Small Business Subcontractors.
2023-03
52.233-3 Protest after Award. (Deviation 2026-O0038)
2026-02
52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026- O0038)
2026-02
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.
2011-09
252.203-7002 Requirement to Inform Employees of Whistleblower Rights.
2022-12
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. (DEVIATION 2024-
O0013 REVISION 1)
2024-05 Deviation 2024- O0013
2024-05
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
2023-01
252.223-7008 Prohibition of Hexavalent Chromium.
2023-01
252.225-7012 Preference for Certain Domestic Commodities.
2022-04
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.
2023-01
252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.
2023-06
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.
2018-12
252.232-7009 Mandatory Payment by Governmentwide Commercial Purchase Card.
2018-05
252.232-7010 Levies on Contract Payments. 2006-12
252.247-7023 Transportation of Supplies by Sea.
2024-10
FAR Clauses Incorporated by Full Text
Date
Alternate Deviation
Variation Effective Date
52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns. (Deviation 2026-O0038)
2026-02
Notice of Price Evaluation preference for HUBZone Small Business Concerns (Feb 2026) (Deviation 2026-O0038)
(a) Evaluation preference.
(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except-
(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and
(ii) Otherwise successful offers from small business concerns.
(b) Waiver of evaluation preference. A HUBZone small business concern may choose to waive the evaluation preference. If the concern waives the preference, the factor will be added to its offer for evaluation purposes.
[ ] Offeror chooses to waive the evaluation preference.
(c) Joint venture. A HUBZone joint venture agrees that, in the performance of the contract, at least 40 percent of the aggregate work performed by the joint venture shall be completed by the HUBZone small business parties to the joint venture. Work performed by the HUBZone small business parties to the joint venture must be more than administrative functions.
(End of provision)
52.219-14 Limitations on Subcontracting.
(Deviation 2026-O0038)
Limitations on Subcontracting (Feb 2026) (Deviation 2026-O0038)
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that-
(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and
(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.
(c) Applicability. This clause applies only to-
(1) Contracts that have been set aside for any of the small business concerns identified in
19.000(a)(3);
(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(3) Contracts that have been awarded on a sole-source basis in accordance with sections 19.105, 19.106, 19.107, and 19.108;
(4) Orders expected to exceed the simplified acquisition threshold and that are set aside for small business concerns under multiple-award contracts, as described in 8.4 and 16.5;
(5) Orders, regardless of dollar value, that are set aside in accordance with sections 19.105, 19.106, 19.107, and 19.108 under multiple-award contracts, as described in 8.4 and 16.5; and
(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.
(d) Independent contractors. An independent contractor shall be considered a subcontractor.
(e) By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for-
(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;
(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;
(3) General construction, it will not pay more than 85 percent of the amount paid by the
Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or
(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.
(f) The Contractor shall comply with the limitations on subcontracting as follows:
(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause-
[Contracting Officer check as appropriate.]
[X] By the end of the base term of the contract and then by the end of each subsequent option period; or
[ ] By the end of the performance period for each order issued under the contract.
(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.
(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.
(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.
(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.
(End of clause)
Addendum to Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations.
(Deviation 2026-O0038)
2026-02
52.222-3 Convict Labor. (Deviation 2026- O0038)
2026-02
52.223-23 Sustainable Products and Services. (DEVIATION 2025- O0004)
2026-02 Deviation 2025- O0004
2025-03
52.240-91 Security Prohibitions and Exclusions. (Deviation 2026- O0038)
2026-02
52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation 2026-O0038)
2026-04
DFARS Clauses Incorporated by Reference
Date
Alternate Deviation
Variation Effective Date
252.201-7000 Contracting Officer's Representative.
1991-12
252.236-7000 Modification Proposals--Price Breakdown.
1991-12
252.236-7002 Obstruction of Navigable Waterways.
1991-12
252.239-7002 Access. 1991-12
252.239-7004 Orders for Facilities and Services. 2019-09
252.239-7007 Cancellation or Termination of Orders.
2019-09
DFARS Clauses Incorporated by Full Text
Date
Alternate Deviation
Variation Effective Date
252.236-7001 Contract Drawings and Specifications.
2000-08
CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)
(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.
(b) The Contractor shall-
(1) Check all drawings furnished immediately upon receipt;
(2) Compare all drawings and verify the figures before laying out the work;
(3) Promptly notify the Contracting Officer of any discrepancies;
(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and
(5) Reproduce and print contract drawings and specifications as needed.
(c) In general--
(1) Large-scale drawings shall govern small-scale drawings; and
(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.
(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.
(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:
Title File Drawing No.
(End of clause)
List of Contract Documents, Exhibits, or Attachments
The attachments listed in this Section are incorporated by reference and made part of the contract with the same force and effect as if included in full text.
*** END OF NARRATIVE ***
Identifier Document Name
Document Description
Reference Identifier
Date Line Item
Page Numbers
Document Type
Provided Under Separate Cover
0001 SOW- BPA f or OD Stru ctures - U pdated 18M ay 0838
Performance Work Statement
May
14 Attachment No
0002 15-5177 Ib erville, Pointe Cou pee, West Baton Rou ge
Wage Determination
May
27 Attachment No
0003 15-5185 Ca lcasieu, C ameron
Wage Determination
May
27 Attachment No
0004 15-5187 Ou achita, Un ion
Wage Determination
May
27 Attachment No
0005 15-5189 Je fferson, O rleans, Pl aquemines, st john t he baptist , st berna rd , st ch arles
Wage Determination
May
27 Attachment No
0006 15-5201 Ca ldwell, Ca tahoula, C
Wage Determination
May
27 Attachment No oncordia, Franklin, Tensas
0007 15-5207 St Landry, S t Mary
Wage Determination
May
27 Attachment No
0008 15-5835 Ve rmilion
Wage Determination
May
27 Attachment No
Solicitation Provisions
FAR Provisions Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.204-7 System for Award Management- Registration. (Deviation 2026- O0038)
2026-02
52.212-1 Instructions to Offerors- Commercial Products and Commercial Services. (Deviation 2026-O0038)
DFARS Provisions Incorporated by Reference
Date
Alternate Deviation
Variation Effective Date
252.203-7005 Representation Relating to Compensation of Former DoD Officials.
2022-09
252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.
2016-10
252.204-7024 Notice on the Use of the Supplier Performance Risk System.
2023-03
252.225-7055 Representation Regarding Business Operations with the Maduro Regime.
2022-05
252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region- Representation.
2023-06
DFARS Provisions Incorporated by Full Text
Date
Alternate Deviation
Variation Effective Date
252.204-7016 Covered Defense Telecommunications Equipment or Services-Representation.
2019-12
COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES-
REPRESENTATION (DEC 2019)
(a) Definitions. As used in this provision, "covered defense telecommunications equipment or services" has the meaning provided in the clause 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered defense telecommunications equipment or services".
(c) Representation. The Offeror represents that it [ ] does, [ ] 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.
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.
2021-05
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) Definitions. "Covered defense telecommunications equipment or services," "covered mission," "critical technology," and "substantial or 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) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from 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) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for 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) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 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) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it "will provide covered defense telecommunications 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).
Addendum to Solicitation Provisions
FAR Provisions 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.
2017-01
52.223-4 Recovered Material Certification. 2008-05
52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (Deviation 2026- O0038)
FAR Provisions Incorporated by Full Text
Date
Alternate Deviation
Variation Effective Date
52.229-11 Tax on Certain Foreign Procurements-Notice and Representation.
2020-06
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 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 [Offeror must select one] from the excise tax.
(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.
| Solicitation/Contract Form |
| Supplies or Services & Prices or Costs |
| Description/Specifications/Statement of Work |
| Contract Clauses |
| Contract Clauses |
| List of Attachments |
| Instructions, Conditions, & Notices to Offerors or Quoters |
| Instructions, Conditions, & Notices to Offerors or Quoters |
| 10servicedisabledcheckbox: Off |
| 20schedule: SEE CONTINUATION |
| topmostSubform[0]: |
| Page1[0]: |
| schedule2[0]: |
| schedule3[0]: |
| schedule4[0]: |
| schedule5[0]: |
| schedule6[0]: |
| schedule7[0]: |
| schedule8[0]: |
| quantity1[0]: |
| quantity2[0]: |
| quantity3[0]: |
| quantity4[0]: |
| quantity5[0]: |
| quantity6[0]: |
| quantity7[0]: |
| quantity8[0]: |
| unit1[0]: |
| unit2[0]: |
| unit3[0]: |
| unit4[0]: |
| unit5[0]: |
| unit6[0]: |
| unit7[0]: |
| unit8[0]: |
| unitprice1[0]: |
| unitprice2[0]: |
| unitprice3[0]: |
| unitprice4[0]: |
| unitprice5[0]: |
| unitprice6[0]: |
| unitprice7[0]: |
| unitprice8[0]: |
| amount1[0]: |
| amount2[0]: |
| amount3[0]: |
| amount4[0]: |
| amount5[0]: |
| amount6[0]: |
| amount7[0]: |
| amount8[0]: |
| Signature[0]: |
| ITEMNUM1[0]: |
| ITEMNUM2[0]: |
| ITEMNUM3[0]: |
| ITEMNUM4[0]: |
| ITEMNUM5[0]: |
| ITEMNUM6[0]: |
| ITEMNUM7[0]: |
| ITEMNUM8[0]: |
| 25accountingdata: SEE CONTINUATION |
| 26totalaward: |
| 27acheckbox: Yes |
| 27bcheckbox: Off |
| 27aarecheckbox: Yes |
| 27barecheckbox: Off |
| 27aarenotcheckbox: Off |
| 27barenotcheckbox: Off |
| 28contractorrequiredcheckbox: Off |
| 28numberofcopies: |
| 29awardcontractcheckbox: Off |
| 29offerreference: |
| 29offerdate: |
| 29exceptions: SEE CONTINUATION |
| 30bsignername: |
| 30bsignertitle: |
| 30csigneddate: |
| 31bcontractingofficer: |
| 31csigneddate: |
| 17bremittanceisdifferentcheckbox: Off |
| 01reqnumber: |
| pagenumber: 24 |
| 02contractnumber: |
| 03awarddate: |
| 04ordernumber: |
| 05solicitationnumber: W912P826QA018 |
| 06solissuedate: 08 JUN 2026 |
| 07acontactname: AMY FEEMSTER |
| 07bcontactphone: 504-862-2002 |
| 08offerduedate: 24 JUN 2026 |
| 08offerduedatelocaltime: 10:00 AM |
| 09issuedbycode: W912P8 |
| 10unrestrictedcheckbox: Off |
| 10setasidecheckbox: Yes |
| 10setasidepercent: 100 |
| 09issuedby: W07V ENDIST N ORLEANS |
KO CONTRACTING DIVISION, 7400 LEAKE AVE
NEW ORLEANS, LA 70118-3651
UNITED STATES
AMY FEEMSTER, EMAIL: AMY.C.FEEMSTER@USACE.ARMY.MIL TELEPHONE: 504-862-2002
| 10smallbusinesscheckbox: Off |
| 10wosbcheckbox: Off |
| 10hubzonecheckbox: Yes |
| 10edwosbcheckbox: Off |
| 10naics: 236220 |
| 10_8acheckbox: Off |
| 10sizestandard: USD 45,000,000.00 |
| 11seeschedulecheckbox: Off |
| 12discountterms: |
| 13athiscontractcheckbox: Off |
| 13brating: |
| 14rfqcheckbox: Yes |
| 14ifbcheckbox: Off |
| 14rfpcheckbox: Off |
| 15delivertocode: |
| 16administeredbycode: |
| 15deliverto: SEE SCHEDULE |
| 16administeredby: |
| 17acontractorcode: |
| 17acontractorfacilitycode: |
| 18apaymentbycode: |
| 17acontractoraddress: |
| 18apaymentbyaddress: |
| 17acontractortelephoneno: |
| 18bseeaddendumcheckbox: Off |
File details come from the government source that posted it. Updated .