Atch_1_Response_to_Questions_15_August.xlsx
XLSX spreadsheet 46 KB Posted
- Solicitation number
- FA489018R0009
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The responses clarify questions about the New Mexico Gross Receipts Tax.
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Sheet1
| Solicitation Ref # | Offeror's Questions | Answer |
| Consolidated Industry QA 8/8/2018 Answer to questions 9 and 50 | Is the Government stating that NMGRT will not have to be paid on revenue earned by the contractor for business performed in New Mexico? | We inadvertently included Clause 52.229-10, State of New Mexico Gross Receipts and Compensating Tax, in the RFP. However, that clause will not apply since this will not be a cost contract. Therefore, the clause was removed. With regards to any taxes that may have to be paid, that would be upon each offeror to determine what taxes may apply. Clause 52.212-4, Contract Terms and Conditions-Commercial Items will apply. Within that clause at (q) it sates "the Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract." |
| Consolidated Industry QA 8/8/2018 Answer to questions 9 and 50 | Is the Government stating that inclusion of NMGRT is not a requirement of the solicitation instructions or evaluation, and that all costs including NMGRT should be included in the FFP for business performed in New Mexico? | We would not need to see any pricing related to the NMGRT or other taxes. |
| Consolidated Industry QA 8/8/2018 Answer to questions 9 and 50 | The Government states in answer to questions 9 and 50 that "Correction: This is a Firm Fixed Price requirement. The New Mexico Gross Receipts Tax is not applicable to this requirement." I have not been able to find an exemption to contractors doing business with the federal government or related to firm fixed price contracts at the Taxation & Revenue New Mexico website. Is the Government stating that the contractor is exempt from paying this tax to the State of New Mexico? If so, will the Government provide the language from the State of New Mexico Taxing Authority that supports this assertion? | Please see the answers above. |
| Consolidated Industry QA 8/8/2018 Answer to questions 9 and 50 | If the Government's assertion that NMGRT does not apply to this effort proves to be incorrect, will the Government allow for a REA? | No, please see answers to above. Contractors will have to comply with the requirements of Clause 52.212-4. When you sign and submit your proposal you are accepting all the terms and conditions of the contract. |
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