2024: The FAR, Federal Acquisition Regulations - Part 29

Jennifer Schaus and Associates hosts a complimentary webinar series on The FAR in 2024. Join the webinars on Wednesdays and Fridays at noon, eastern.
Recordings are on YouTube and the company website.
https://www.youtube.com/@jenniferschaus/videos

1. 2024 Webinar Series The FAR: Federal Acquisition Regulations Understand the rules of the federal contracting game - and play to win ! J Schaus & Associates, WASHINGTON DC – [email protected]

2. 2024 Webinar Series THE FAR ABOUT THE SERIES : We’ll cover each PART of THE FAR Typically held Wednesdays and Fridays, 12pm Complimentary Recorded Video Posted on YouTube https://www.youtube.com/@jenniferschaus/videos PPT Posted on SlideShare.net Sponsor/Advertising Options Available J Schaus & Associates, WASHINGTON DC – [email protected]

3. 2024 Webinar Series THE FAR J Schaus & Associates, WASHINGTON DC – [email protected]

4. 2024 Webinar Series THE FAR J Schaus & Associates, WASHINGTON DC – [email protected]

5. 2024 Webinar Series THE FAR ABOUT US: Services for FED GOV CONTRACTORS: Washington DC based; Professional services for established gov cons; Market Analysis to GSA Schedules; Contract Administration, etc. J Schaus & Associates, WASHINGTON DC – [email protected]

6. 2024 Webinar Series THE FAR ABOUT US: Services for those selling TO FED CONTRACTORS: Newsletter Advertising; Webinar Advertising; Social Media Advertising; Event Sponsorship; Ask for our MEDIA KIT! J Schaus & Associates, WASHINGTON DC – [email protected]

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8. WEDNESDAY 05/01 2p m EPA – FY25 Budget - Room: 192 – Senate-Dirksen 2pm CIRCIA – Proposed Rulemaking - Room: 310 – House-Cannon 430pm NAVY SEAPOWER – FY25 Budget - Room: 222 – Senate-Rayburn THURSDAY 05/02 10am INTERIOR – FY25 Budget - Room: SD66 - Senate-Dirksen 1030am THE VA – FY23 Budget Estimates - Room: 124 – Senate-Dirksen WEDNESDAY 05/15 10am SBA – Review Key Programs - Room: 2360 – House-Rayburn THURSDAY 05/16 930am NAVY – FY25 Defense Authorized Request - Room: 216 – Senate-Hart US SENATE – & - HOUSE OF REPRESENTATIVES Scheduled Hearings

9. TUESDAY, MAY 21 st 9-11am “GSA Schedules: The What, Why, How To - And Fine Print!” REGISTER: https://events.teams.microsoft.com/event/01d60a75-d77d-44d0-a501-9f74ff47c4ef@253e7787-672d-4071-9290-fc3db5246db7 TUESDAY, JUNE 4 th 9-11am “Federal Contractors Basic Marketing Guide” REGISTER: https://events.teams.microsoft.com/event/70f1a706-f1b3-46e1-9f88-d769e16075f3@253e7787-672d-4071-9290-fc3db5246db7 LIVE WEB BASED TRAINING

10. VA APEX ACCELERATOR - 2024 TRAINING EVENTS THURSDAY, JUNE 13 th 11.30am-1.30pm GSA Schedules: Requirements, Proposal Prep and – What’s Next REGISTER: https://virginiaptac.ecenterdirect.com/events/4448 TUESDAY, AUGUST 6 th 1pm-3pm Marketing 101 For Federal Contractors: Attract The Primes, Attract The Government REGISTER: https://virginiaptac.ecenterdirect.com/events/4452 TUESDAY, NOVEMBER 12 th 9.30am-11.30am GSA Schedules: Requirements, Proposal Prep and – What’s Next REGISTER: https://virginiaptac.ecenterdirect.com/events/4456

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12. 2024 Webinar Series - THE FAR THANK YOU TO OUR WEBINAR SPONSORS J Schaus & Associates, WASHINGTON DC – [email protected]

13. The FAR – Federal Acquisition Regulations - WEBINAR SERIES 2024 JSchaus & Associates – Washington DC – [email protected]

14. Full training calendar: virginiaptac.org & useful links Register for free counseling: https://virginiaptac.org/services/counseling/ Your “one stop” shop for Government Contracting assistance Reach us at [email protected] or 703-277-7750 This APEX Accelerator is funded in part through a cooperative agreement with the Department of Defense. Next Steps?

15. NOVA B2G Matchmaking Conference 12TH ANNUAL NORTHERN VIRGINIA B2G MATCHMAKING CONFERENCE & SMALL BUSINESS EXPO May 2, 2024 | 8:00 AM - 1:00 PM | Sheraton Reston Hotel nova.restonchamber.org

16. 2024 Webinar Series THE FAR THE FAR – PART 29 J Schaus & Associates, WASHINGTON DC – [email protected]

17. 2024 Webinar Series THE FAR FAR PART #29: Taxes SPEAKER: Meredith Pilaro FIRM: BDO USA EMAIL: [email protected] J Schaus & Associates, WASHINGTON DC – [email protected]

18. 2024 Webinar Series - THE FAR FAR Part 29 Prescribes policies and procedures for: (a) using tax clauses in contracts (including foreign contracts), (b) asserting immunity or exemption from taxes, and (c) obtaining tax refunds. It explains Federal, State, and local taxes on certain supplies and services acquired by executive agencies and the applicability of such taxes to the Federal Government. It is for the general information of Government personnel and does not present the full scope of the tax laws and regulations. J Schaus & Associates, WASHINGTON DC – [email protected]

19. 2024 Webinar Series - THE FAR FAR Part 29 Subpart 29.1 – General Subpart 29.2 – Federal Excise Taxes Subpart 29.3 – State and Local Taxes Subpart 29.4 – Contract Clauses 29.401 – Domestic Contracts 29.402 – Foreign Contracts J Schaus & Associates, WASHINGTON DC – [email protected]

20. 2024 Webinar Series - THE FAR FAR Part 29- Subpart 29.2 – Federal Excise Taxes 29.201(a) Common excise taxes: Manufacturer’s excise taxes imposed on certain motor vehicle articles, tires and inner tubes, gasoline, lubricating oils, coal, fishing equipment, firearms, shells, and cartridges sold by manufacturers, producers, or importers; and Special-fuels excise taxes imposed at the retail level on diesel fuel and special motor fuels. 29.201(b) Sometimes the law exempts the Federal Government from these taxes. Contracting officers should solicit prices on a tax-exclusive basis when it is known that the Government is exempt from these taxes, and on a tax-inclusive basis when no exemption exists. 29.201(c) Executive agencies shall take maximum advantage of available Federal excise tax exemptions J Schaus & Associates, WASHINGTON DC – [email protected]

21. 2024 Webinar Series - THE FAR FAR Part 29- Subpart 29.3 – State and Local Taxes 29.303 Application of State and local taxes to Government contractors and subcontractors (a) Prime contractors and subcontractors shall not normally be designated as agents of the Government for the purpose of claiming immunity from State of local sales or use taxes. (b) When purchases are not made by the Government itself, but by a prime contractor or by a subcontractor under a prime contract, the right to an exemption of the transaction from a sales or use tax may not rest on the Government’s immunity from direct taxation by States and localities. It may rest instead on provisions of the particular State or local law involved, or, in some cases, the transaction may not in fact be expressly exempt from the tax. The Government’s interest shall be protected by using the procedures in 29.101. J Schaus & Associates, WASHINGTON DC – [email protected]

22. 2024 Webinar Series - THE FAR FAR Part 29- Subpart 29.3 – State and Local Taxes 29.303 Application of State and local taxes to Government contractors and subcontractors (c) Frequently, property (including property acquired under the progress payments clause of fixed-price contracts or the Government property clause of cost-reimbursement contracts) owned by the Government is in the possession of a contractor or subcontractor. Situations may arise in which States or localities assert the right to tax Government property directly or to tax the contractor’s or subcontractor’s possession of, interest in, or use of that property. In such cases, the contracting officer shall seek review and advice from the agency-designated counsel on the appropriate course of action. J Schaus & Associates, WASHINGTON DC – [email protected]

23. 2024 Webinar Series - THE FAR FAR Part 29- Subpart 29.3 – State and Local Taxes 29.304 Matters requiring special consideration With coordination of the agency-designated counsel, a contract may (1) state that the contract price includes or excludes a specific tax or (2) require that the contractor take certain actions with regard to payment, nonpayment, refund, protest, or other treatment of a specified tax. Such special treatment may be appropriate when there is doubt as to the applicability or allocability of the tax, or when the applicability of the tax is being litigated. The applicability of State and local taxes to purchases by the Federal Government may depend on the place and terms of delivery. When the contract price will be substantial, alternative places and terms of delivery should be considered in light of possible tax consequences. Indefinite-delivery contracts for equipment rental may require the contractor to furnish equipment in any of the States. Since leased equipment remains the contractor’s property, States and local governments impose a wide variety of property, use, or other taxes on equipment leased to the Government. The amount of these taxes can vary considerably from jurisdiction to jurisdiction. See 29.401-1 for the prescription of the contract clause to be included in contracts when delivery points are not known at the time of contracting. The North Carolina State and local sales and use tax. J Schaus & Associates, WASHINGTON DC – [email protected]

24. 2024 Webinar Series - THE FAR FAR Part 29- Subpart 29.3 – State and Local Taxes 29.305 State and local tax exemptions (b) Furnishing proof of exemption. If a reasonable basis to sustain a claimed exemption exists, the seller will be furnished evidence of exemption, as follows: Under a contract containing the clause 52.229-3 Federal, State, and Local Taxes, or at 52.229-4 Federal, State, and Local Taxes (State and Local Adjustments), in accordance with the terms of those clauses. Under a cost-reimbursement contract, if requested by the contractor and approved by the contracting officer or at the discretion of the contracting officer. Under a contract or purchase order that contains no tax provision, if- (i) Requested by the contractor and approved by the contracting officer at the discretion of the contracting officer; and (ii) Either the contract price does not include the tax, or if the transaction or property is tax exempt, the contractor consents to a reduction in the contract price. J Schaus & Associates, WASHINGTON DC – [email protected]

25. 2024 Webinar Series - THE FAR FAR Part 29- Subpart 29.401 Domestic Contracts Outlines specific clauses to be inserted into solicitations and contracts in various circumstances. 29.401-3 Federal, State and local taxes Except as provided in paragraph (b) of this section, insert the clause 52.229-3… if The contract is to be performed wholly or partly in the United States or its outlying areas; A fixed-price contract is contemplated; and The contract is expected to exceed the simplified acquisition threshold. In a noncompetitive contract that meets all the conditions in paragraph (a) of this section, the contracting officer may insert the clause at 52.229-4,… instead of the clause at 52.229-3, if the price would otherwise include an inappropriate contingency for potential postaward change(s) in State or local taxes. J Schaus & Associates, WASHINGTON DC – [email protected]

26. 2024 Webinar Series - THE FAR FAR Part 29- Subpart 29.401 Domestic Contracts 29.401-4 New Mexico gross receipts and compensating tax b) Contract clause. The contracting officer shall insert the clause at 52.229-10….in solicitations and contracts issued by the agencies defined in paragraph (c) of this subsection when all three of the following conditions exist: The contractor will be performing a cost-reimbursement contract. The contract directs or authorizes the contractor to acquire tangible personal property as a direct cost under a contract and title to such property passes directly to and vests in the United States upon delivery of the property by the vendor. The contract will be for services to be performed in whole or in part within the State of New Mexico. J Schaus & Associates, WASHINGTON DC – [email protected]

27. 2024 Webinar Series - THE FAR FAR Part 29- Subpart 29.401 Domestic Contracts 29.401-4 New Mexico gross receipts and compensating tax c) Participating agencies: The agencies below have entered into an agreement with the State of New Mexico to eliminate double taxation of Government cost-reimbursement contracts when contractors and their subcontractors purchase tangible property to be used in performing services in whole or in part in the State of New Mexico…. Therefore, the clause applies only to solicitations and contracts issued by the: Defense Advanced Research Projects Agency, Defense Threat Reduction Agency, Department of Agriculture, Department of the Air Force, Department of the Army, Department of Energy, Department of Health and Human Services, Department of the Interior, Department of Labor, Department of the Navy, Department of Transportation, General Services Administration, Missile Defense Agency and the National Aeronautics and Space Administration (2) Any other Federal agency which expects to award cost-reimbursement contracts to be performed in New Mexico should contact the New Mexico Taxation and Revenue Department to execute a similar agreement. J Schaus & Associates, WASHINGTON DC – [email protected]

28. 2024 Webinar Series - THE FAR FAR Part 29- Subpart 29.402 Foreign Contracts Outlines specific clauses to be inserted into solicitations and contracts in various circumstances. 29.402-1 Clauses for Foreign fixed-price contracts 29.402-2 Clauses for Foreign cost-reimbursement contracts 29.402-3 Clauses for Tax on certain foreign procurements 29.402-4 Clauses for Foreign Contracts in Afghanistan J Schaus & Associates, WASHINGTON DC – [email protected]

29. 2024 Webinar Series THE FAR THANK YOU FOR ATTENDING! FAR PART #29: Taxes SPEAKER: Meredith Pilaro FIRM: BDO USA EMAIL: [email protected] J Schaus & Associates, WASHINGTON DC – [email protected]

30. 2024 Webinar Series THE FAR Please subscribe to our YouTube Channel for Gov Con Content Uploads including THESE WEBINARS! https://www.youtube.com/@jenniferschaus/videos J Schaus & Associates, WASHINGTON DC – [email protected]

31. 2024 Webinar Series The FAR: Federal Acquisition Regulations THANK YOU FOR JOINING US! J Schaus & Associates, WASHINGTON DC – [email protected]