Solicitation Amendment W912EF26BA0010003 SF 30.pdf

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. 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 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or electronic communication 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 letter or electronic communication, provided each letter or electronic communication 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 NUMBER AS DESCRIBED IN ITEM 14.

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

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, 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.)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

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

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

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

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

Section A - Solicitation/Contract Form

The following changes have been made:

INFORMATION FROM TO

Response Due Time 02:00 PM 10:00 AM Response Due Date 12 Dec 2025 15 Dec 2025

Section J - List of Attachments

The attachments table has changed from:

Identifier Document Name Document Description Reference Identifier

Date Line Item Page Numbers

Document Type

Provided Under Separate Cover

ATTACHMENT 1

- TECHNICAL

SPECIFICATIONS

Specification 24 Oct 2025 252 Attachment No

ATTACHMENT 2

- PLANS

Plans 24 Oct 2025 16 Attachment No

ATTACHMENT 3

SUPPLEMENTAL

DRAWINGS

Drawings 24 Oct 2025 15 Attachment No

ATTACHMENT 4

- SITE VISIT

INSTRUCTIONS

Site Visit 31 Oct 2025 3 Attachment No

Amendment 0001_Summary of Changes

Summary of Changes 01 Dec 2025 1 Attachment No

ATTACHMENT 1

- TECHNICAL SPE

CIFICATIONS_AM

ENDMENT 0001

Specification 01 Dec 2025 44 Attachment No

Amendment 0002_Summary of Changes

Summary of Changes 04 Dec 2025 Attachment No

ATTACHMENT 1

- TECHNICAL SPE

CIFICATIONS_AM

ENDMENT 0002

Specification 04 Dec 2025 Attachment No

ATTACHMENT 2

- PLANS_AMEND

MENT 0002

Plans 04 Dec 2025 Attachment No

To:

Identifier Document Name Document Description Reference Identifier

Date Line Item Page Numbers

Document Type

Provided Under Separate Cover

ATTACHMENT 1

- TECHNICAL Specification 24 Oct 2025 252 Attachment No

W912EF26BA0010003

SPECIFICATIONS

ATTACHMENT 2

- PLANS

Plans 24 Oct 2025 16 Attachment No

ATTACHMENT 3

SUPPLEMENTAL

DRAWINGS

Drawings 24 Oct 2025 15 Attachment No

ATTACHMENT 4

- SITE VISIT

INSTRUCTIONS

Site Visit 31 Oct 2025 3 Attachment No

Amendment 0001_Summary of Changes

Summary of Changes 01 Dec 2025 1 Attachment No

ATTACHMENT 1

- TECHNICAL SPE

CIFICATIONS_AM

ENDMENT 0001

Specification 01 Dec 2025 44 Attachment No

Amendment 0002_Summary of Changes

Summary of Changes 04 Dec 2025 1 Attachment No

ATTACHMENT 1

- TECHNICAL SPE

CIFICATIONS_AM

ENDMENT 0002

Specification 04 Dec 2025 38 Attachment No

ATTACHMENT 2

- PLANS_AMEND

MENT 0002

Plans 04 Dec 2025 4 Attachment No

Amendment 0003_Summary of Changes

Summary of Changes 09 Dec 2025 1 Attachment No

ATTACHMENT 1

- TECHNICAL SPE

CIFICATIONS_AM

ENDMENT 0003

Specification 09 Dec 2025 34 Attachment No

ATTACHMENT 2

- PLANS_AMEND

MENT 0003

Plans 09 Dec 2025 2 Attachment No

The following contract documents were added:

ATTACHMENT 1 - TECHNICAL SPECIFICATIONS_AMENDMENT 0003

ATTACHMENT 2 - PLANS_AMENDMENT 0003

Amendment 0003_Summary of Changes

The following contract documents Page Counts were changed:

DOCUMENT PAGE COUNTS

DOCUMENT NAME FROM TO

Amendment 0003_Summary of Changes none 1

ATTACHMENT 1 - TECHNICAL SPECIFICATIONS_AMENDMENT 0003 none 34

ATTACHMENT 2 - PLANS_AMENDMENT 0003 none 2

Section L - Instructions, Conditions, & Notices to Offerors or Quoters

Miscellaneous text in this section has been modified to:

1. SAM.GOV REQUIREMENTS:

1.

2.

This is an invitation for bid for the fabrication and delivery of one (1) Navigation Lock Upstream Tainter Gate with associated products and services in accordance with the technical specifications for the U.S.

Army Corps of Engineers, Walla Walla District, at Ice Harbor Lock and Dam, Burbank, WA.

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 bid must be valid for 30 calendar days after the due date specified for receipt of bids. Please include shipping costs in the bid price of each item.

Registration at www.sam.gov is required. If not registered, please do so. Step-by-step help information on how to register is detailed on the website, along with frequently asked questions (FAQs). Lack of registration in the SAM database may 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 for the GSA Federal Service Desk (FSD, https://www.fsd.gov) 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

2. GENERAL CONTRACT INFORMATION:

Name:______________________________________________________________

Contact Telephone Number: ____________________________________________

Email Address: ________________________________________________________

Company's Federal Tax Identification Number: ____________________________________

CAGE CODE: __________________ SAM Unique ID Number: _____________________

Total Amount of Contract: ____________________________

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

Submission of Price Bid - Offeror shall submit 1 copy of the following:

Signed and dated Standard Form 33 (Solicitation/Contract/Order).

3.

4.

5.

6.

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

Completed schedule (pricing information) for all contract line-item numbers.

Completed FAR clause 52.211-8 for Offeror's Proposed Delivery Schedule.

Bid Guarantee in accordance with (IAW) FAR clause 52.228-1.

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 bid submission. Submit documentation verifying IBR, ABR or

HYDA Certification, and FCE endorsements at time of bid submission. Submit documentation verifying AMPP accreditation or AISC CCE-1 endorsement at time of bid submission. Bids received not in compliance with these qualification requirements will be rejected as nonresponsive IAW FAR 14.404-2.

Important note for Other than U.S. Small Business ONLY. Small Business Subcontracting Plan is Required (FAR 52.219-9 ALT 1)

ALL LARGE BUSINESS OFFERORS MUST SUBMIT A SUBCONTRACTING PLAN WITH THEIR

BID. This meets the requirements of FAR 52.219-9 ALT 1, Small Business Subcontracting Plan, and DFARS 252.219-7003. Other than Small Businesses must submit acceptable subcontracting plans to be eligible for award.

BONDS: PAYMENT AND PERFORMANCE BONDS ARE REQUIRED FOR CONTRACT LINE

ITEM (CLIN) 0002. THIS CLIN IS AN ESTIMATED 75% OF THE ORIGINAL CONTRACT PRICE.

PLEASE REFERENCE FAR CLAUSE 52.228-16 FOR MORE INFORMATION. BONDS ARE

REQUIRED FOR THIS CLIN DUE TO THE PRODUCTS' LONG LEAD TIME.

PROGRESS PAYMENTS: PROGRESS PAYMENTS WILL BE INCLUDED IN THE CONTRACT

FOR CONTRACT LINE ITEM (CLIN) 0002. PLEASE REFERENCE FAR CLAUSE 52.232-16 FOR

MORE INFORMATION. THE AWARDEE MUST HAVE AN ADEQUATE AND RELIABLE COST

ACCOUNTING SYSTEM OR COST ACCOUNTING CONTROLS FOR PROPER

ADMINISTRATION OF PROGRESS PAYMENTS, IN ACCORDANCE WITH FAR 32.5.

PRICED BID MUST BE VALID FOR 30 DAYS: Solicitation shall result in a firm-fixed-price contract. All pricing shall include shipping FOB destination (include shipping cost in price).

BUSINESS HOURS: The standard business hours for the Walla Walla District, Corps of Engineers are Monday through Friday from 8:00 a.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 14.408-1 to the responsive and responsible offeror meeting the lowest price and who complies with FAR clause 52.246-11, Higher-Level Contract Quality Requirement. The government does not intend to have discussions with offerors so please ensure that all information required in the Technical Specifications is provided with your bid.

ELECTRONIC BID SUBMISSION INSTRUCTIONS

Bidders shall submit their bids via email to the following individuals by no later than the date and time established in Block 9 of the Standard Form (SF) 33, or Block 14 of the most recently issued SF 30 as applicable:

Brooke Moore, Contracting Officer, Brooke.N.Moore@usace.army.mil Mary Seiner, Contract Specialist, Mary.L.Seiner@usace.army.mil

Each email shall contain the following information: Solicitation No. W912EF26BA001

Bid Due Date and Time: December , 2025, PST1512 10:00AM 2:00PM

Bid Validity: No fewer than 30 Days

Bids received after the date and time stated within Block 9 of the SF33 or Block 14 of the most recently issued SF 30 as applicable, will be considered late and will not be considered for award. To avoid rejection of a bid, the offeror must make every effort to ensure its electronic submission is virus-free.

Bids, or portions thereof, submitted with the presence of a virus or which are otherwise unreadable will be treated as unreadable pursuant to FAR 14.406.

Bidders should enter a description for every file submitted. For files over 8 megabytes (MB) the bidders shall break the file into smaller files sent via separate emails with each email marked to identify which number the email is relative to the total number of emails submitted (i.e. "email one of four"). Once all of the emails submitted have been received the Government will confirm receipt via responsive email. If a bidder submits multiple bids the Government will only consider the last bid submitted prior to the bid due date and time. Do not assume submission will be instantaneous. File size and number of files submitted shall be considered.

Bidder/Teammate/Subcontractors should allow adequate time for submission completion because the entire bid (i.e. bidders' submission and all teammate/subcontractor(s) independent submissions) must be received by the bid due date and time specified in Block 9 of SF 33, or SF 30 as applicable. Electronic submission of bids satisfies the requirement set forth in Block 9 of the SF 33 ('...in original and 1 copies...").

3. BIDDER INFORMATION:

PRICE BASIS (FAR 14.104):

Bidders are advised that only bids submitted on a firm fixed price basis will be considered, and that bids submitted on any other than firm fixed price basis will be rejected. Bid prices must include all Federal, state, and local taxes in accordance with FAR clause 52.229-3.

In recognition of anticipated tariffs, FAR 52.229-3 is included for taxes and tariffs directly paid by the Contractor. This is to remain a firm-fixed-price contract, for which fair and reasonable price determination will be made prior to award.

BID QUANTITIES (FAR 14.201-5):

Bids for less than specified quantities of each item in the Bid Schedule will not be considered. Failure to submit a unit price for each item where required in the Schedule will be considered as a material deviation from the requirements of the solicitation, and the bid will be rejected.

U.S. ARMY CORPS OF ENGINEERS SAFETY AND OCCUPATIONAL HEALTH

REQUIREMENTS (EM 385-1-1):

This contract requires the contractor to comply with EM 385-1-1. EM 385-1-1 and its changes are available at: https://www.publications.usace.army.mil/Portals/76/EM%20385-1-1%20_EFFECTIVE% 2015March2024.pdf.

The Contractor shall be responsible for complying with the current edition and all changes posted on the web as of the effective date of this solicitation.

ARITHMETIC DISCREPENCIES:

(a) The following will be used in resolving arithmetic discrepancies found on the face of the bidding schedule as submitted by the bidder:

(1) In a discrepancy between unit price and extended price, the unit price stated will govern;

(2) Apparent errors in the extension of unit prices will be corrected;

(3) Apparent errors in the addition of lump-sum and extended prices will be corrected.

(b) For the purpose of bid evaluation, the government will proceed on the assumption that the bidder intends his bid to be evaluated on the basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

(c) These correction procedures shall not be used to resolve any ambiguity concerning which bid is low.

BID OPENING:

Bidders are advised there will NOT be a physical bid opening held for this invitation for bids. The bid opening will be held telephonically via conference call at 11:00AM PST on December 15, 2025.

Due to the requirement that bids be submitted electronically only, the bid opening is scheduled to take place one hour following the bid due date and time in order to allow the contracting office time to download all bid documents submitted. Bidders wishing to participate in the bid opening shall email a list of participants to both Contracting Officer (Brooke.N.Moore@usace.army.mil) and Contract Specialist (Mary.L.Seiner@usace.army.mil) no later than 24 hours prior to the bid due date and time.

Please reference "IFB W912EF26BA001" in the email subject line. A responsive email will be sent to the bidder which will include confirmation of the list of participants, the conference call-in telephone number, and the security passcode for participants to utilize for the telephonic bid opening.

The government intends to post the results of the bid opening on sam.gov the same day as the bid opening.

RESPONSIBILITY CRITERIA:

To ensure award is made to the responsible bidder, a determination of responsibility will be conducted.

As part of this responsibility determination, the Contracting Officer will utilize the requirements contained in FAR subpart 9.1, Responsible Prospective Contractors. In accordance with FAR 9.104-1, to be determined responsible, a prospective contractor must:

(a) Have adequate financial resources to perform the contract, or the ability to obtain them (see FAR 9.104-3(a));

(b) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

(c) Have a satisfactory performance record (see FAR 9.104-3 (b) and FAR subpart 42.15). A prospective contractor shall not be determined responsible or nonresponsible solely on the basis of a lack of relevant performance history, except as provided in FAR 9.104-2;

(d) Have a satisfactory record of integrity and business ethics (for example, see FAR subpart 42.15);

(e) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control

1.

3.

4.

5.

6.

7.

procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors).

(see FAR 9.104-3(a).)

(f) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them (see FAR 9.104-3(a)); and

(g) Be otherwise qualified and eligible to receive an award under applicable laws and regulations (see also inverted domestic corporation prohibition at FAR 9.108).

The government reserves the right to require submission of such documentation as is necessary to determine a contractor responsible.

4. BIDDER INQUIRY:

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 their 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 bid or proposal due date an inquiry is received, the less likely it is that a timely response can be provided.

The Bidder Inquiry Key is: 2RXYAX-YGBC9G

Specific Instructions for ProjNet Bid Inquiry Access:

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

Identify the Agency. This should be marked as USACE.

Key. Enter the Bidder Inquiry Key listed above.

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

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.

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.

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 "post new inquiry" - it is on the left side of the window under "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," then 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 log in.

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 toll free at 217- 367-3276 or (833) 389-1097, which operates from 8AM to 5PM (Central U.S. time zone). Bidder inquiry help questions can also be emailed to the helpdesk at staff@projnet.info.

5. SPECIAL CONTRACT REQUIREMENTS:

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: W912EF26BA001

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

U.S. 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. Additional information is also available at:

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.

KO CONTRACTING DIVISION, 201 NORTH 3RD AVE

WALLA WALLA, WA 99362-1876

UNITED STATES

MARY SEINER, EMAIL: MARY.L.SEINER@USACE.ARMY.MIL TELEPHONE: 509-527-7228

AdminBy:

SCD: PAS:

All other terms and conditions remain unchanged.