CONF_COPY-W91QF426QA0210006-ACB_AI_Inmate_Call_Monitoring.pdf

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

ACB - Inmate CB Communications MonitoringInstrument Name:

Product Service Code : 7B21

Local Instructions

RESPONSIBILITY FORADMINISTRATION OFCONTRACT

1. The Contracting Officer is responsible for the administration of this contract. The ContractingOfficer alone is authorized to the extent indicated in the contract to act on behalfof the government which results in changes in the terms of the contract,including deviations from specifications, details and delivery schedules.Communications pertaining to contractual administrative matters will beaddressed to the Contracting Officer. No changes in our deviation from thescope of work shall be affected without a written modification to the contractdrawn up by the Contracting Officer. Delivery/Task orders will be issued by theContract Administration Division.

2. No oralstatement of any person will modify or otherwise affect the terms of thiscontract. The Contracting Officer is the only person authorized to approvechanges in any of the requirements under this contract, and notwithstanding anyprovisions contained elsewhere in this contract, the said authority remainssolely with the Contracting Officer.

3. All matterspertaining to the Government administration of this contract should be directedat:

Attn: Roberto Yroz, Contracting Specialist

MICC FortLeavenworth

731 McClellan Ave, Bldg. 48

Fort Leavenworth,KS 66027

Telephone Number:520-944-1087

E-Mail:roberto.c.yroz.civ@army.mil

OR

Attn: RobertParvin, Contracting Officer

MICC FortLeavenworth

731 McClellan Ave, Bldg. 48

Fort Leavenworth,KS 66027-1417

Telephone Number:913-684-1624

W91QF426QA0210006

E-Mail:robert.m.parvin.civ@army.mil

RESTRICTED ACCESSTO MILITARY INSTALLATION - COOPERATION WITH FORCE PROTECTION MEASURES

a. The contractoragrees to abide by and cooperate with Force Protection measures that areimplemented on the military installation and that of the Army Corrections Brigade concerning on site visits if required to ensure functionality of the provided product and/or service.

b. Contractor's requiring access on Fort Leavenworth will visit the online Visitor Control Center link to coordinate access pass - https://home.army.mil/leavenworth/about/visitor-information/gate-information

c. Access to the Army Corrections Brigade prison facilities are in addition to access to the Installation and require advanced coordination with Mr. William Lacuniak at william.g.lacuniak.civ@army.mil

PROJECT LABELINGFOR OFFICIAL CORRESPONDENCE - The Government singularly identifies each TaskOrder with a Task Order number at time of award. The Task Order number is aunique identifier to purposely and permanently represent an awarded project.The Government issued Task Order number is to be referenced on all official communicationsstarting upon notice of award.

- ContractNumber: (TBD)

- Contractor POC: (TBD)

- GovernmentDelivery POC Receiving: William Lacuniak, william.g.lacuniak.civ@army.mil, 913-758-3693

*** END OF NARRATIVE ***

W91QF426QA0210006

https://home.army.mil/leavenworth/about/visitor-information/gate-information

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quanti ty

Unit Unit Price Amount

0001 A.I. Inmate Cloud-Based Communications Monitoring (Reference Salient Characteristics- Product Description).

Catalog Number: AI Inmate Monitoring Software CAP 4.5M minutes annually

Product Service Code: 7B21

North American Industry Classification System (NAICS):

513210

Claimant Program Code: C9E

Pricing Arrangement: Firm Fixed Price

12 Month s

Continuation of Description

Requirements A.I. Inmate Cloud-Based Communications Monitoring

Continuation of Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

0001 Inspection and Acceptance Location

Both Destination Instructions: "In accordance with the Salient Characteristics that follow at the end of the Local Instructions.

DoDAAC: W90LV6 CountryCode: USA

W6L2 US ARMY CORRECTIONS CMD

834 SABALU RD, BLDG 1154

FORT LEAVENWORTH, KS 66027-0000

UNITED STATES

William Lacuniak

Continuation of Deliveries or Performance

0001 Delivery Schedule Delivery Period From 29 Sep 2026 to 28 Aug 2027

12 MonthsQuantity

Address and POC Ship To DoDAAC: W90LV6 CountryCode: USA

W6L2 US ARMY CORRECTIONS CMD

834 SABALU RD, BLDG 1154 FORT LEAVENWORTH, KS 66027-0000 UNITED

STATES

William Lacuniak

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.203-3 Gratuities. 1984-04

52.203-6 Restrictions on Subcontractor Sales to the Government.

2020-06

52.203-6 Restrictions on Subcontractor Sales to the Government.

(Alternate I)

2020-06 Alternate I 2021-11

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

52.219-8 Utilization of Small Business Concerns. (Deviation 2026-

2026-02

O0038)

52.222-19 Child Labor-Cooperation with Authorities and Remedies.

(Deviation 2026-O0038)

2026-03

52.222-35 Equal Opportunity for Veterans.

(Deviation 2026-O0038)

2026-02

52.222-36 Equal Opportunity for Workers with Disabilities. (Deviation 2026- O0038)

2026-02

52.222-37 Employment Reports on Veterans. (Deviation 2026- O0038)

2026-02

52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (Deviation 2026- O0038)

2026-02

52.222-50 Combating Trafficking in Persons. (Deviation 2026-O0038)

2026-02

52.222-90 Addressing DEI Discrimination by Federal Contractors.

(Deviation 2026-O0040, Revision 1)

2026-04

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)

2026-02

52.232-33 Payment by Electronic Funds Transfer-System for Award

2018-10

Management.

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-

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

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

2023-01

252.223-7008 Prohibition of Hexavalent Chromium.

2023-01

252.225-7001 Buy American and Balance of Payments Program.

2024-02

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

252.232-7010 Levies on Contract Payments. 2006-12

252.243-7002 Requests for Equitable Adjustment.

2022-12

252.247-7023 Transportation of Supplies by Sea.

2024-10

DFARS Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

252.232-7006 Wide Area WorkFlow Payment Instructions.

2023-01

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) The WAWF system provides the method to electronically process Electronic invoicing.

vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) To access WAWF, the Contractor shall- WAWF access.

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) The Contractor should follow the training instructions of the WAWF WAWF training.

Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) Document submissions may be via web WAWF methods of document submission.

entry, Electronic Data Interchange, or File Transfer Protocol.

(f) The Contractor shall use the following information when WAWF payment instructions.

submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) The Contractor shall submit payment requests using the following Document type.

document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

COMBO

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

See paragraph (A) above.

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) The Contractor shall use the information in the Routing Data Document routing.

Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC

HQ0490

Issue By DoDAAC

W91QF4

Admin DoDAAC

W91QF4

Inspect By DoDAAC

W906LV

Ship To Code

W906LV

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) The Contractor shall ensure a receiving report meets the Receiving report.

requirements of DFARS Appendix F.

(g) WAWF point of contact.

William Lacuniak - william.g.lacuniak.civ@army.mil - 913-758-3693

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

Contracting Officer - Robert M. Parvin - robert.m.parvin.civ@army.mil - 520-944-3389

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(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. (Deviation 2026-O0038)

2026-02

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

252.225-7002 Qualifying Country Sources as Subcontractors.

2022-03

Identifier Document Name

Document Description

Reference Identifier

Date Line Item

Page Numbers

Document Type

Provided Under Separate Cover

0001 Salient Ch aracterist ics-

AI CB

Inmate Mon itoring So ftware-REV -3-dtd19AG U2026

Salient Characteristics-AI CB Inmate Monitoring Software-REV-3-dtd19AGU2026

Aug

2 Attachment No

0002 QandA-AI_I nmate_Call Monitorin g-dtd-19AU G2026

QandA- AI_Inmate_Call Monitoring-dtd-

19AUG2026

Aug

3 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

252.204-7024 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

252.204-7017 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).

(End of provision)

Addendum to 52.212-1, Instructions to Offerors - Commercial Products and Commercial Services

52.212-1 Instructions to Offerors - (Addendum)

Provide a quote valid for at least thirty (30) calendar days.

Pricing. The offer shall be placed in the Contract Line Item Numbers (CLINs) for the catalog items ordered. In the description column the following minimum information shall be listed: confirmation the system quoted is Commercial Off the Shelf product that meets the requirements of the Salient Characteristics ready for integration and operation with existing ViaPath phone network, item quantity, unit price and extended amount, discount applied, and the grand total to include delivery. Price is "Not to Exceed" 4.5M minutes over 12 month period. Total price is to be proposed monthly flat firm fixed price over 12 months.

Technical Response. This is a Request for Quote (RFQ) for which a robust Technical Proposal is neither desired nor is required however, a response technical in nature on how the offerors quoted solution is an available Commercial Off The Shelf product provided that meets Salient Characteristics in order for the Government to evaluate the offeror's understanding of the project. Include coordination time period (not to exceed 30 days) to integrate A.I. Inmate Call Monitoring with ViaPath system.

Please provide any additional discounts(s) that might apply to this order.

NO MULTIPLE AWARDS: Offers must be submitted per unit price. Multiple awards will not be made; therefore, offers that cover less than all the items and quantities in this solicitation will be rejected as non-responsive.

No developmentally proposed solutions or Commercial Off The Shelf Solutions that require refinements and testing to determine viability are to be submitted for this RFQ.

Offeror's Representations and Certifications must be updated and current through the offeror's SAM registration which may be referenced at https://www.sam.gov.

Quotes submitted electronically to robert.m.parvin.civ@army.mil on or before due date.

(End of provision)

*** END OF NARRATIVE ***

W91QF426QA0210006

https://www.sam.gov

Evaluation - Commercial Products and Commercial Services

FAR Provisions Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.212-2 Evaluation-Commercial Products and Commercial Services.

(Deviation 2026-O0038)

2026-02

Evaluation-Commercial Products and Commercial Services (Feb 2026) (Deviation 2026-O0038)

Reference 52.212-2 (Addendum)

Addendum to Evaluation - Commercial Product and Commercial Services

52.212-2 EVALUATION OF COMMERCIAL ITEMS

Quotes for this acquisition shall be evaluated utilizing Simplified Procedures as outlined in RFO FAR 12.101-1. This acquisition will be awarded to an offeror who is responsive to the RFQ and otherwise determined responsible, conforms to the solicitation requirements; and provides the Lowest Priced Technically Acceptable (LPTA) quote.

A quote is determined responsive if it contains all of the elements instructed to be provided under the 52.212-1 Instructions to Offerors (Addendum). Proposed developmental solutions or existing solutions that require refinement are not otherwise acceptable given market ready availability of Commercial Off The Shelf products.

An offeror may be determined as responsible in accordance with the criteria outlined in FAR Subpart 9.104.

A quote is considered technically acceptable if it meets or exceeds the specifications and requirements identified in the solicitation. A quote containing items that exceed requirements do not merit additional consideration for award as no tradeoffs will be considered.

The Government will evaluate all quotes to determine Acceptability or Unacceptability. The Government will award to the offeror who provides the lowest priced quote submitted to determined responsiveness, responsibility of offeror and technical acceptability.

(End of provision)

*** END OF NARRATIVE ***

Addendum to Solicitation Provisions

FAR Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

2024-09

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements- Representation.

2017-01

52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (Deviation 2026-

FAR Provisions Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.229-11 Tax on Certain Foreign Procurements-Notice and Representation. (Deviation 2026-

Tax on Certain Foreign Procurements-Notice and Representation (Feb 2026) (Deviation 2026-

(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.

731 MCCLELLAN AVENUE, FORT LEAVENWORTH KS 66027-0000

FORT LEAVENWORTH, KS 66027-0000

UNITED STATES

ROBERTO YROZ, EMAIL: ROBERTO.C.YROZ.CIV@ARMY.MIL TELEPHONE: (520) 944-1087

834 SABALU RD, BLDG 1154

FORT LEAVENWORTH, KS 66027-0000

UNITED STATES

WILLIAM LACUNIAK, EMAIL: WILLIAM.G.LACUNIAK.CIV@ARMY.MIL TELEPHONE: (913) 758-3693