S02 INSTRUCTIONS TO BIDDERS REGARDING TAX EXEMPTION IN NY 2.1.docx

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Y1DA--630A4-26-401 MRI AHU Modification
Solicitation number
36C24226R0060
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This document provides instructions to bidders regarding tax exemption requirements specific to New York State for a federal contract opportunity. Under New York Consolidated Laws Chapter 60, Article 28, the United States government and its agencies are exempt from state sales and compensating use taxes when purchasing materials for incorporation into federal real property. For this VA contract, contractors purchasing building and construction materials in New York for incorporation into Department of Veterans Affairs real estate must complete the ST-120.1 "Contractor Exempt Purchase Certificate" form at the time of purchase and maintain it according to state tax law requirements. All bids submitted in response to this solicitation are presumed to reflect this tax exemption and therefore should exclude New York State sales and compensating use taxes on materials designated for incorporation into VA real estate.

The referenced contract opportunity (Solicitation Number 36C24226R0060) is an MRI AHU Modification project at the VA Medical Center in Brooklyn, New York, with a construction magnitude between $500,000 and $1,000,000 and a 270-calendar-day performance period. The scope involves providing design-build services for installation of a dedicated cooling source to an existing air handling unit serving the MRI suite, including furnishing and installation of a new 30-ton air-cooled electric chiller system with associated components, concrete equipment pads, and functional performance testing to meet all VA design guidelines and specifications.

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INSTRUCTIONS, CONDITIONS, AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.2 Special Notes regarding FAR 52.229-3: Federal, State, and Local Taxes:

Offerors are hereby notified that under New York Consolidated Laws, Chapter 60 - Tax, Article 28 - Sales and Compensating Use Taxes, Part 3 – 1116 (2), the United States of America, any of its agencies and instrumentalities, is immune from taxation when it is the purchaser, user, or consumer, or when it sells services or property of a kind not ordinarily sold by private persons.

Pursuant to Chapter 60, Article 28, Part 3-1115(17), a contractor’s purchase of such building and construction materials within New York to be incorporated into the real property belonging to the U.S. Department of Veterans Affairs (VA) is subject to the exemption from the New York State sales and compensating use taxes. To take advantage of the tax exemption, the successful offeror under this solicitation must complete ST-120.1 “Contractor Exempt Purchase Certificate” when it purchases construction materials for this contract and keep it on file as required by the state of New York tax laws.

Notwithstanding FAR 52.229-3, all bids received in response to this solicitation are presumed to reflect this tax exemption and therefore should not include New York’s state sales and compensating use taxes on sales of materials for incorporation into VA real estate under this contract.

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