36C25523R0095 0005.pdf

5. PROJECT NUMBER (if applicable)

CODE 7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER 3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO. 1. CONTRACT ID CODE

FACILITY CODE CODE

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:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(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 is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office. is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES

SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

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.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

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 16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30 PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243

(Type or print) (Type or print)

(Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code)

(If other than Item 6)

(Specify type of modification and authority)

(such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer)

1 22

0005 08-09-2023

657-18-115JC

36C255

Department of Veterans Affairs

Network Contracting Office (NCO) 15

3450 S 4th Street Trafficway

Leavenworth KS 66048-5055

36C255

Department of Veterans Affairs

Network Contracting Office (NCO) 15

3450 S 4th Street Trafficway

Leavenworth KS 66048-5055

To all Offerors/Bidders

36C25523R0095

06-21-2023

X

X X

8/14/2023 2:00 PM CST.

(1) One

Solicitation 36C25523R0095 Project Number: 657-18-115JC Replace Various AHU and VAV Units.

1. The purpose of this amendment is to add question and answers, add FAR Clause 52-204-27 Probition on a ByteDance

Covered Application and to update wage determination.

2. The proposal due date changed from 7/28/2023 2:00 PM CST to 8/14/2023 2:00 PM CST.

3. All other terms and conditions for this solicitation remain unchanged.

Paul Dixon Jr.

Contracting Officer

CONTINUATION PAGE

Pre-Bid RFI Questions and Answers for Project

657-18-115JC – FCA Replace Various Air Handling Units and Variable

Air Volume Units

• HVAC Equipment over 15,000cfm Fire Alarm requirements, we do not see new or existing fire/smoke damper in supply or return, duct sensor, or call for fire alarm interlock?

• Fire Alarm duct detectors to be replaced to facilitate mechanical replacement of units or associated ducts. Each unit being replaced (1-AC-15; 1-AC-28; 1-AC-36; 1-AC-36TEMP;

1-AC-57) shall have it’s associated supply and return duct detector removed and new ones provided including programing into and out of existing system. Devices must be UL listed for existing fire alarm system.

• There was no fire alarm specification found?

• Match existing fire alarm system to maintain UL listing of system.

• Is the specific fire alarm system brand or company required?

• Yes, must match existing FACP.

• Is the Temp Unit AC-36 required to have fire alarm sensor connected into the building fire alarm system?

• Yes, provide temporary duct detector and program into system. Remove after temp unit is removed.

• Temp Unit AC-36TEMP is scheduled with project equipment & noted install on new roofed in curb, does VA require purchase of the scheduled temp unit or can this be a Rental HVAC AHU & installed on temp roof support?

• A rental unit installed on temporary supports is acceptable, provided it meets wind loading requirements. This is pending VA approval.

• Temp Unit AC-36TEMP is the only temporary unit specified, other AHUs do not indicate they require temp units to replace, is this correct?

• Other air-handlers do not require temporary units but do require phasing to be coordinated with the VA to minimize downtime. See the drawings for more information.

A.1 52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION

(JUN 2023)

(a) Definitions. As used in this clause—

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance

Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L.

117–328), the No TikTok on Government Devices Act, and its implementing guidance under

Office of Management and Budget (OMB) Memorandum M–23–13, dated February 27, 2023, ‘‘No TikTok on Government Devices’’ Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the

Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M–23–13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of Clause)

"General Decision Number: MO20230056 06/30/2023

Superseded General Decision Number: MO20220056

State: Missouri

Construction Type: Building

Counties: Crawford, Jefferson, Lincoln, St Louis and

Washington Counties in Missouri.

BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories).

Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order

13658.

Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60).

|If the contract is entered |. Executive Order 14026

|into on or after January 30, | generally applies to the

|2022, or the contract is | contract.

|renewed or extended (e.g., an |. The contractor must pay

|option is exercised) on or | all covered workers at

|after January 30, 2022: | least $16.20 per hour (or

| | the applicable wage rate

| | listed on this wage

| | determination, if it is

| | higher) for all hours

| | spent performing on the

| | contract in 2023.

|If the contract was awarded on|. Executive Order 13658

|or between January 1, 2015 and| generally applies to the

|January 29, 2022, and the | contract.

|contract is not renewed or |. The contractor must pay all|

|extended on or after January | covered workers at least

|30, 2022: | $12.15 per hour (or the

| | applicable wage rate listed|

| | on this wage determination,|

| | if it is higher) for all

| | hours spent performing on

| | that contract in 2023.

The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the

Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request.

Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts.

Modification Number Publication Date

0 01/06/2023

1 01/13/2023

2 01/20/2023

3 03/03/2023

4 03/24/2023

5 04/14/2023

6 06/30/2023

ASBE0001-005 10/03/2022

Rates Fringes

ASBESTOS WORKER/HEAT & FROST

INSULATOR........................$ 43.73 26.29

BOIL0027-001 01/01/2021

BOILERMAKER......................$ 38.37 33.66

BRMO0001-005 06/01/2022

JEFFERSON, LINCOLN & ST. LOUIS COUNTIES

BRICKLAYER.......................$ 39.00 23.14

BRMO0001-008 06/01/2022

CRAWFORD COUNTY

BRICKLAYER.......................$ 39.00 23.14

BRMO0011-005 06/01/2022

WASHINGTON COUNTY

BRICKLAYER.......................$ 31.21 15.09

TILE SETTER......................$ 31.21 15.09

BRMO0018-007 07/01/2022

CRAWFORD, JEFFERSON, LINCOLN & ST. LOUIS COUNTIES

TILE FINISHER....................$ 29.43 17.06

TILE SETTER......................$ 33.62 18.30

CARP0002-001 05/01/2022

ST LOUIS COUNTY

CARPENTER (Including Drywall

Hnaging & Form Work).............$ 41.62 19.50

CARP0002-006 05/01/2022

JEFFERSON & LINCOLN COUNTIES

Hanging & Form Work)

Projects $1 million and over........................$ 41.62 19.50

Projects under $1 million...$ 36.53 19.50

CARP0012-001 05/01/2022

Hanging & Form Work).............$ 40.84 19.50

CARP0013-001 05/01/2022

Hanging & Form Work)

Projects $1 million and over........................$ 41.62 19.50

Projects under $1 million...$ 36.53 19.50

CARP1310-001 05/01/2022

CARPENTER (Floor

Laying-Carpet and Vinyl Only)....$ 36.33 19.50

ELEC0001-006 07/17/2022

JEFFERSON, LINCOLN, ST LOUIS & WASHINGTON COUNTIES

ELECTRICIAN (Including Low

Voltage Wiring Installer;

Alarm, Computer & Telephone

Installation)....................$ 43.56 29.10

ELEC0257-002 03/01/2023

ELECTRICIAN (Including Low

Voltage Wiring Installer;

Alarm, Computer & Telephone

Installation)....................$ 37.00 20.88

ELEV0003-001 01/01/2023

ELEVATOR MECHANIC................$ 57.69 37.335+a+b

a. VACATION: Employer contributes 8% of basic hourly rate as vacation pay credit for more than 5 years of service; and

6% for 6 months to 5 years of service.

b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence

Day, Labor Day, Veterans' Day, Thanksgiving Day,the

Friday after Thanksgiving Day and Christmas Day.

* ENGI0513-005 05/01/2023

CRAWFORD & WASHINGTON COUNTIES

Power equipment operators:

Backhoe/Excavator...........$ 34.61 29.50

Bobcat/Skid Loader..........$ 34.61 29.50

Crane.......................$ 34.61 29.50

Forklift....................$ 34.61 29.50

Grader/Blade................$ 34.61 29.50

Loader......................$ 34.61 29.50

Paver.......................$ 34.61 29.50

Roller......................$ 34.61 29.50

* ENGI0513-008 05/07/2023

JEFFERSON, LINCOLN & ST LOUIS COUNTIES

POWER EQUIPMENT OPERATOR:

Backhoe/Excavator...........$ 41.01 29.63

Bobcat/Skid Loader..........$ 41.01 29.63

Crane.......................$ 41.01 29.63

Forklift....................$ 41.01 29.63

Grader/Blade................$ 41.01 29.63

Loader......................$ 41.01 29.63

Paver.......................$ 41.01 29.63

Roller......................$ 41.01 29.63

IRON0396-002 08/04/2021

JEFFERSON, LINCOLN, ST. LOUIS, and WASHINGTON COUNTIES

IRONWORKER, ORNAMENTAL,

REINFORCING AND STRUCTURAL.......$ 36.71 28.96

IRON0396-007 08/04/2021

IRONWORKER, ORNAMENTAL,

REINFORCING AND STRUCTURAL.......$ 32.24 28.96

LABO0042-002 03/02/2023

ST LOUIS COUNTY

LABORER

Brick & Cement/Concrete

Mason Tender................$ 36.21 17.12

Common or General; Asphalt

Shoveler; Brick &

Cement/Concrete Mason

Tender; Pipelayer...........$ 36.65 17.12

LABO0110-001 03/01/2023

JEFFERSON COUNTY

PROJECTS $1 MILLION AND

OVER:

Brick & Cement/Concrete

Mason Tender...............$ 27.36 13.12

Common or General;

Asphalt Shoveler;

Pipelayer..................$ 32.46 15.12

PROJECTS UNDER $1 MILLION:

Brick & Cement/Concrete

Mason Tender...............$ 25.21 13.12

Common or General;

Asphalt Shoveler;

Pipelayer..................$ 30.31 15.12

LABO0110-003 03/01/2023

PROJECTS $20 AND OVER:

Brick & Cement/Concrete

Mason Tender...............$ 27.36 13.12

Common or General;

Asphalt Shoveler;

Pipelayer..................$ 32.46 15.12

PROJECTS BETWEEN $1

MILLION & $20 MILLION:

Brick & Cement/Concrete

Mason Tender...............$ 25.86 13.12

Common or General;

Asphalt Shoveler;

Pipelayer..................$ 30.96 15.12

PROJECTS UNDER $1 MILLION

Brick & Cement/Concrete

Mason Tender...............$ 23.86 13.12

Common or General;

Asphalt Shoveler;

Pipelayer..................$ 28.96 15.12

LABO0660-002 03/02/2023

LINCOLN COUNTY

Common or General; Asphalt

Shoveler, Brick &

Cement/Concrete Mason

Tender; Pipelayer...........$ 36.91 15.62

LABO0840-006 03/01/2023

Brick & Cement/Concrete

Mason Tender................$ 30.40 14.84

Common or General; Asphalt

Shoveler; Pipelayer.........$ 28.50 14.84

PAIN0002-007 09/01/2022

PAINTER

Brush & Roller..............$ 37.45 16.41

Drywall Finishing/Taping....$ 37.45 16.41

PAIN0513-001 11/01/2020

GLAZIER..........................$ 40.00 24.25

PAIN0513-007 11/01/2020

JEFFERSON, LINCOLN, ST. LOUIS & WASHINGTON COUNTIES

GLAZIER..........................$ 40.00 24.25

PAIN1185-009 07/01/2022

Brush and Roller............$ 31.28 14.58

Drywall Finishing/Taping....$ 32.28 14.58

PAIN1292-004 09/01/2022

Brush & Roller..............$ 28.58 15.36

Drywall Finishing/Taping....$ 29.58 15.36

PLAS0527-007 04/01/2021

JEFFERSON & ST LOUIS COUNTIES

CEMENT MASON/CONCRETE FINISHER...$ 35.96 19.58

PLAS0527-008 04/01/2021

LINCOLN & WASHINGTON COUNTIES

CEMENT MASON/CONCRETE FINISHER

Projects $10 million and over........................$ 34.79 19.58

Projects less than $10 million.....................$ 34.09 19.58

PLAS0527-009 04/01/2021

CEMENT MASON/CONCRETE FINISHER...$ 34.89 19.58

PLUM0562-006 07/01/2022

PIPEFITTER, Includes HVAC

Pipe Installation................$ 46.60 28.08

PLUMBER, Excludes HVAC Pipe

Installation.....................$ 46.60 28.08

PLUM0562-008 07/01/2022

CRAWFORD, LINCOLN & WASHINGTON COUNTIES

PIPEFITTER, Includes HVAC

Pipe Installation

Mechanical Contracts including all piping and temperature control work

$7.0 million & under........$ 44.66 21.49

Mechanical Contracts including all piping and temperature control work over $7.0 million...........$ 44.66 21.49

PLUMBER, Excludes HVAC Pipe

Installation

Mechanical Contracts including all piping and temperature control work

$7.0 million & under........$ 43.16 21.49

Mechanical Contracts including all piping and temperature control work over $7.0 million...........$ 45.10 27.85

ROOF0002-001 03/01/2023

ROOFER...........................$ 37.00 20.52

SFMO0268-003 01/01/2023

SPRINKLER FITTER (Fire

Sprinklers)......................$ 48.38 27.50

SFMO0669-004 04/01/2023

CRAWFORD, LINCOLN & WASHINGTON COUNTIES

SPRINKLER FITTER (Fire

Sprinklers)......................$ 41.00 26.35

SHEE0036-001 08/01/2022

SHEET METAL WORKER, Includes

HVAC Duct and Unit

Installation.....................$ 47.43 24.65

TEAM0682-004 04/01/2023

TRUCK DRIVER, Includes Dump

Truck............................$ 24.00 a+b a.PAID HOLIDAYS: Christmas, Fourth of July, Labor Day, Memorial Day, New Years Day and Thanksgiving Day.

b.PAID VACATION: 1 week paid vacation after 2 years continuous service; 2 weeks paid vacation after 5 years continuous service; 3 weeks paid vacation after 10 years continuous service.

SUMO2010-055 06/14/2010

OPERATOR: Hoist.................$ 26.02 13.01

PAINTER: Spray..................$ 17.78 0.00

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick

Leave for Federal Contractors applies to all contracts subject to the

Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the

EO

is available at https://www.dol.gov/agencies/whd/government-contracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses

(29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate

(weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or

""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers.

indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July

1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010

08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour

National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the

Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations

Wage and Hour Division

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour

Administrator

(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator

U.S. Department of Labor

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative

Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board

U.S. Department of Labor

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION"

A.2 52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION

(JUN 2023)

(a) Definitions. As used in this clause—

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance

Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L.

117–328), the No TikTok on Government Devices Act, and its implementing guidance under

Office of Management and Budget (OMB) Memorandum M–23–13, dated February 27, 2023, ‘‘No TikTok on Government Devices’’ Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the

Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M–23–13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of Clause)