SF30 SP450020R0021 Amend 0003.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

1 | 3

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

26 June 2020

4. REQUISITION/PURCHASE REQ. NO.

See Block 14

5. PROJECT NO. (If applicable)

6. ISSUED BY CODE SP4500 7. ADMINISTERED BY (If other than Item 6) CODE

DLA DISPOSITION SERVICE -EBSS

DLA DISP SVCSS HAZ CONTRACT

74 WASHINGTON AVENUE NORTH

BATTLE CREEK, MI 49037-3092

8. NAME AND ADDRESS OF CONTRACTOR (NO., street,city,county,State,and ZIP Code)

X

X

9a. AMENDMENT OF SOLICITATION NO.

SP450020R0021

9b. DATED (SEE ITEM 11) 10 Jun 2020

10a. MODIFICATION OF CONTRACT/ORDER NO.

10b. DATED (SEE ITEM 13)

CODE: FACILITY CODE:

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

[X ] The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers [ ] is extended, [ X ] is not extended

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or(c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. Accounting And Appropriation Data (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

X B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b)

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor [ ] is not, [ ] is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

See attached continuation sheet(s).

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME OF CONTRACTING OFFICE

15B. NAME OF CONTRACTOR/OFFEROR 15C.DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C.DATE SIGNED

(Signature of person authorized to sign) NSN 7540-01-152-9070 – Electronically Reproduced

PREVIOUS EDITION UNUSABLE

PerFORM (DLA) STANDARD FORM 30 REV. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: Page 2 of 3

SP450020R0021 ‐ 0003

The purpose of this amendment is to make corrections to the solicitation and to answer submitted questions:

1. Attachment 7:

The following clause is added:

FAR 52.229‐12 Tax on Certain Foreign Procurements

The following provision is added with fill‐ins and will need to be completed and included with your offer:

FAR 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.

(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

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: Page 3 of 3

SP450020R0021 ‐ 0003

(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)

2. Questions submitted:

(1a) Is there an incumbent contract/or and what is the contract value?

(1b) Answer: Yes. The current incumbent is Hidden Waters, contract number SP450015D0014 and can be found with its estimated contract value for all modifications on Beta.SAM.

(2a) Is there a site visit planned?

(2b) Answer: No. A set site visit is not planned due to COVID 19 issues.

(3a) What was changed on the announcement on June 23, 2020 in Beta.Sam.gov?

(3b) Answer: A button to allow anyone to see the list of interested vendors was changed from NO to YES.

(4a) Will an extension of the submittal date be allowed?

(4b) Answer: At this time the answer is no, due to the need to meet a 1 September 2020 start date, to avoid a break in service to the customer. No amendments so far would warrant an extension.

3. The Solicitation form will not be adjusted for this amendment. Please be sure to include this SF30 (all pages) and all previous SF30 signature pages with your offer. All SF30's will remain in Beta.SAM to show changes.

4. All other solicitation requirements remain unchanged.