W50S8524C0002.pdf
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- VGLZ 172042 Repair Runway
- Solicitation number
- W50S8524C0002
About this file
This document is an awarded federal contract (W50S8524C0002) for the VGLZ 172042 Repair Runway project. The contract was awarded to Cadillac Asphalt LLC on April 11, 2024 for $9,799,786.00.
The project involves the repair of a runway and includes the following key details:
- The work is set-aside as unrestricted, with a small business size standard of $45,000,000. The NAICS code is 237310 for Highway, Street, and Bridge Construction.
- The project magnitude is between $10,000,000 and $25,000,000.
- Proposals were due by January 16, 2024. A pre-bid conference and site visit were required.
- The period of performance is 270 calendar days from the notice to proceed.
- The contract includes fixed-price line items for runway repair, crack repair, and asphalt repair, with unit prices provided by the contractor.
- There are liquidated damages assessed for late completion, ranging from $29,773.86 per day during the 84-day runway shutdown to $1,276.50 per day after the shutdown.
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F8Y36P4089A001
Project Title and number VGLZ 172042 Repair Runw ay Period of Performance: 270 ccalendar days
1) Set-aside: This project is being solicited as unrestricted.
2) Small Business Size Standard: $45,000,000.00
3) NAICS Code: 237310: Highw ay, Street, and Bridge Construction
4) Project Magnitude: betw een $10,000,000.00 and $25,000,000.00
5) Submit Proposals no later than: See Box 13 and any amendments for Proposal Due Date
6) Prospective bidders are highly encouraged to attend a pre-bid conference and site visit: See Clause 52.236-27 for time and date. (See Instructions for Access Requirements)
7) An Original Bid Bond is required, and due w ith Bid.
8) Solicitation and all information notices, amendments for this solicitation w ill be posted at https://sam.gov/
Funds are not presently available for this contract. Currently, the Government anticipates funds w ill become available prior to but no later than 30 September 2024. This action has been identif ied on the National Guard priority list for aw ard if funds become available and the prices received are w ithin an aw ardable range.
X
STEVEN A. STOCKING 586-239-4881
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS
NEGOTIATED
11-Apr-2024
(RFP)
(IFB)
CALL:
Repair Runw ay
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
See Item 7
2. TYPE OF SOLICITATION
SEALED BID
3. DATE ISSUED
9. FOR INFORMATION A. NAME
SOLICITATION
NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA
FAR (48 CFR) 53.236-1(e)
11. The Contractor shall begin performance w ithin _______30 calendar days and complete it w ithin ________270 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
X YES NO
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________16 Jan 2024 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.
shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
B. An offer guarantee X is, is not required.
C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NO.
W50S8524C0002
7. ISSUED BY CODE
127 MSC
KATHERINE SUTTON
(586) 239-2866
43200 MAPLE ST
SELFRIDGE ANGB MI 48045-5213
W50S85
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
11:00 AM (hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
VGLZ 172042
8. ADDRESS OFFER TO (If Other Than Item 7)
FAX:TEL: 586-239-2866 TEL: FAX:
W50S8524B00010005 85
127 MSC
STEVEN STOCKING
(586) 239-4881
43200 MAPLE ST.
SELFRIDGE ANGB MI 48045
20B. SIGNATURE
(REV. 4-85)STANDARD FORM 1442 BACK
TO SIGN
NSN 7540-01-155-3212
SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)
CODE
99CB5
FACILITY CODE
17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.
the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)
AMOUNTS SEE SCHEDULE OF PRICES
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE
20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN
OFFER (Type or print)
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
SEE SCHEDULE
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
$9,799,786.00 See Schedule
24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
(4 copies unless otherwise specified)
CODE W50S85
(Insert any number equal to or greater than
20C. OFFER DATE
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c) 41 U.S.C. 253(c)
CODE F8770027. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY
DFAS DEAMS - F87700
ACCTG DISB STA NR 387700
DFAS DEAMS
27 ARKANSAS RD
LIMESTONE ME 04751-6216
(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR
CADILLAC ASPHALT LLC
PHILIP HAMLIN
2575 S HAGGERTY RD STE 100
CANTON MI 48188-2674
15. TELEPHONE NO. (Include area code)
734) 740-4382
See Item 14
(Include only if different than Item 14)16. REMITTANCE ADDRESS
30B. SIGNATURE
X 29. AWARD (Contractor is not required to sign this document.)
document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .
gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract. REF: Your sealed bid of f er
30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)
30C. DATE
(Type or print) JEREMY STARRETT / CONTRACTING OFFICER
TEL: 586-239-4731 EMAIL: jeremy.starrett.1@us.af.mil
31B. UNITED STATES OF AMERICA 31C. AWARD DATE
BY 11-Apr-2024
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this28. NEGOTIATED AGREEMENT
(M ust be fully completed by offeror)OFFER
W50S8524C0002
Section SF 30 - Block 14 Continuation Page (SF 30)
ADDENDUM 1
This addendum applies to the following documents:
(X ) Specifications (X ) Contracting Document W50S8524B0001 (X ) Statement of Work (SOW) dated 28 September 2023 (X ) Drawings Description of Addendum 001 Due to clarifications from solicitation requests for information (RFI) for the Repair Runway project, the Specifications requires a modification:
A. Add to Section 01 51 00 – General Requirements, 2.2, A
a. The Contractor is responsible for supplying and installing the meter and associated equipment. The Contractor will be responsible to provide the drop, meter and all associated material, equipment, and licensed electrician for the electrical connection B. Remove Section 01 51 00 – General Requirements, 2.2, B
a. The cost of electricity consumed during construction, up until beneficial occupancy by SANG shall be paid by the Government.
C. Add to Section 01 51 00 – General Requirements, 2.2, B
a. The Contractor will pay $0.118 per Kilowatt Hour to the Government for electrical power usage reimbursement. Will be billed monthly.
D. Add Section 01 51 00 – General Requirements, 5.11
a. There are no utilities (water, electricity, sanitary, natural gas) available in the designated staging area.
There is an area available across from Bldg 825 (Medical Facility) on Jefferson Rd. to place a temporary office trailer, to be provided by the Contractor.
E. Use Section 03 30 00 – Cast-In-Place Concrete, 2.6.1.1
a. Epoxy-coated reinforcement bars
Due to clarifications from solicitation requests for information (RFI) for the Repair Runway project, the Contracting Document W50S8524B0001 requires a modification:
A. Remove Section 3.1
a. If the Contractor desires to work during periods other than above, he must notify the Contracting Officer’s Representative (COR) five (5) working days in advance of his intention to work during other periods to allow assignment of additional inspection forces. When the COR determines that they are reasonably available, he may authorize the Contractor to perform work during periods other than normal duty hours/days. However, if inspectors are required to perform in excess of their normal duty hours/days solely for the benefit of the Contractor, the actual cost of the inspection, at overtime rates, will be charged to the Contractor and will be deducted from the final payment of the Contract amount.
Due to clarifications from solicitation requests for information (RFI) for the Repair Runway project, the Statement of Work (SOW) dated 28 September 2023 requires a modification:
A. Remove Section 4.c
a. Currently, the base is open from Monday thru Friday 0700-1700. Any work outside these hours and on Federal Holidays must be requested, in a written request to the Contracting Officer or appointed representative, at least 72 business hours in advance and then approved by the Contracting Officer. Requested approval for weekend and holiday work will not be eligible for equitable adjustments unless the work was at the request of the Government.
Due to clarifications from solicitation requests for information (RFI) for the Repair Runway project, the Drawings requires a modification:
A. Remove from Figure C401, C402, C403, C404, C405, and C406
a. Fifth note: Base will allow flexible work schedule (e.g., 12-hour workdays, weekend work, etc.) to meet 6-week construction schedule.
B. Remove to Figure C601, Repair Area 1 Detail
a. Deformed Steel Reinforcing Bar C. Add to Figure C601, Repair Area 1 Detail
a. Epoxy-coated Steel Reinforcing Bar D. Remove from Figure G203, Construction Activities: Phase 3, Note 4
a. and install new Taxiway B lights on Taxiway B
ADD: Prior to the shutdown of the runway a separate notice to proceed shall be issued so as to codify the 84 calandar day shut down period of performance END OF Addendum . 001
Section 00 10 00 - Solicitation
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job $4,655,650.00 $4,655,650.00 VGLZ172042 - Repair Runway Keel
FFP
VGLZ172042 - Non personal services: Provide all plant, labour, new and current material, transportation, tools, equipment, appliances, supplies, services, permits, insurance, and supervision necessary to Repair Runway Keel in accordance with drawings, plans, specifications, and all applicable terms and conditions. The price on this line item excludes Crack repair and Asphalt Repair. Bidders shall price crack repairs and asphalt repairs as per the bid schedule.
FOB: Destination
PURCHASE REQUEST NUMBER: F8Y36P4089A001
PSC CD: Z2BD
NET AMT $4,655,650.00
ACRN AA
CIN: 00000000000009982872
$4,655,650.00
0002 $0.00 Crack Repair
FFP
Non personal services: Provide all plant, labour, new and current material, transportation, tools, equipment, appliances, supplies, services, permits, insurance and supervision necessary in support of crack repair in support of VGLZ172042 - Repair Runway Keel Repair Runway Keel in accordance with drawings, plans, specifications, and all applicable terms and conditions. DO NOT INVOICE THIS
LINE ITEM--IT IS INFORMATIONAL ONLY. INVOICE OFF OF SUB LINE
ITEMS 0002AA,0002AB, AND 0002AC
NET AMT $0.00
0002AA 4,000 Linear
Foot $2.93 $11,720.00
1/4-1" Crack Repair
FFP
1. Bidders are required to submit a unit price for 1/4-1" crack repair listed above.
Failure to provide a unit price for this line item will result in the rejection of the bid as non-responsive. Further, bids determined to be unbalanced as to individual unit prices will be rejected as non-responsive.
2. Contractor is to pro-rate mobilization costs to the respective unit priced and lump sum bid items.
3. Quantities listed in this line item are estimated only. No claims for anticipated profits, loss of profits, or damage of any sort due to differences between the estimated quantities of any item included in the original work will be allowed.
Reference FAR 52.211-18, "Variation in Estimated Quantity". UNDER NO
CIRCUMSTANCES SHALL THE CONTRACTOR PERFORM WORK IN
EXCESS OF THE ESTIMATED QUANTITIES WITHOUT THE EXPRESS
WRITTEN PERMISSION OF THE CONTRACTING OFFICER.
FOB: Destination
NET AMT $11,720.00
CIN: 00000000000009982873
$11,720.00
0002AB 4,000 Linear
Foot $2.93 $11,720.00
1"-2" Crack Repair
FFP
1. Bidders are required to submit a unit price for 1"-2" crack repair listed above.
Failure to provide a unit price for this line item will result in the rejection of the bid as non-responsive. Further, bids determined to be unbalanced as to individual unit prices will be rejected as non-responsive.
2. Contractor is to pro-rate mobilization costs to the respective unit priced and lump sum bid items.
3. Quantities listed in ths line item are estimated only. No claims for anticipated profits, loss of profits, or damage of any sort due to differences between the estimated quantities of any item included in the original work will be allowed.
Reference FAR 52.211-18, "Variation in Estimated Quantity". UNDER NO
CIRCUMSTANCES SHALL THE CONTRACTOR PERFORM WORK IN
EXCESS OF THE ESTIMATED QUANTITIES WITHOUT THE EXPRESS
WRITTEN PERMISSION OF THE CONTRACTING OFFICER.
FOB: Destination
NET AMT $11,720.00
CIN: 00000000000009982874
$11,720.00
0002AC 1,500 Linear
Foot $4.25 $6,375.00
2" and greater Crack Repair
FFP
1. Bidders are required to submit a unit price for2" and greater crack repair listed above. Failure to provide a unit price for this line item will result in the rejection of the bid as non-responsive. Further, bids determined to be unbalanced as to individual unit prices will be rejected as non-responsive.
2. Contractor is to pro-rate mobilization costs to the respective unit priced and lump sum bid items.
3. Quantities listed in this line item are estimated only. No claims for anticipated profits, loss of profits, or damage of any sort due to differences between the estimated quantities of any item included in the original work will be allowed.
Reference FAR 52.211-18, "Variation in Estimated Quantity". UNDER NO
CIRCUMSTANCES SHALL THE CONTRACTOR PERFORM WORK IN
EXCESS OF THE ESTIMATED QUANTITIES WITHOUT THE EXPRESS
WRITTEN PERMISSION OF THE CONTRACTING OFFICER.
FOB: Destination
NET AMT $6,375.00
CIN: 00000000000009982875
$6,375.00
0003 $0.00 Asphalt Repair
FFP
Non personal services: Provide all plant, labor, new and current material, transportation, tools, equipment, appliances, supplies, services, permits, insurance and supervision necessary in support of Asphalt repair in supprt of VGLZ172042 - Repair Runway Keel Repair Runway Keel in accordancewith drawings, plans, specifications, and all applicable terms and conditions.
DO NOT INVOICE THIS LINE ITEM--IT IS INFORMATIONAL ONLY.
INVOICE OFF OF BELOW SUB LINE ITEMS 0003AA,0003AB, AND 0003AC
NET AMT $0.00
0003AA 11,028 Net Ton
(2,000
LB).
$135.00 $1,488,780.00
2" wearing course
FFP
1. Bidders are required to submit a unit price for 2" of wearing asphalt course as listed above. Failure to provide a unit price for this line item will result in the rejection of the bid as non-responsive. Further, bids determined to be unbalanced as to individual unit prices will be rejected as non-responsive.
2. Contractor is to pro-rate mobilization costs to the respective unit priced and lump sum bid items.
3. Quantities listed in this line item are estimated only. No claims for anticipated profits, loss of profits, or damage of any sort due to differences between the estimated quantities of any item included in the original work will be allowed.
Reference FAR 52.211-18, "Variation in Estimated Quantity". UNDER NO
CIRCUMSTANCES SHALL THE CONTRACTOR PERFORM WORK IN
EXCESS OF THE ESTIMATED QUANTITIES WITHOUT THE EXPRESS
WRITTEN PERMISSION OF THE CONTRACTING OFFICER.
FOB: Destination
NET AMT $1,488,780.00
CIN: 00000000000009982876
$1,488,780.00
0003AB 11,028 Net Ton
(2,000
LB).
$137.00 $1,510,836.00
2" base course
FFP
1. Bidders are required to submit a unit price for 2" of base asphalt course as listed above. Failure to provide a unit price for this line item will result in the rejection of the bid as non-responsive. Further, bids determined to be unbalanced as to individual unit prices will be rejected as non-responsive.
2. Contractor is to pro-rate mobilization costs to the respective unit priced and lump sum bid items.
3. Quantities listed in this line item are estimated only. No claims for anticipated profits, loss of profits, or damage of any sort due to differences between the estimated quantities of any item included in the original work will be allowed.
Reference FAR 52.211-18, "Variation in Estimated Quantity". UNDER NO
CIRCUMSTANCES SHALL THE CONTRACTOR PERFORM WORK IN
EXCESS OF THE ESTIMATED QUANTITIES WITHOUT THE EXPRESS
WRITTEN PERMISSION OF THE CONTRACTING OFFICER.
FOB: Destination
NET AMT $1,510,836.00
CIN: 00000000000009982877
$1,510,836.00
0003AC 14,887 Net Ton
(2,000
LB).
$137.00 $2,039,519.00
2.25" Base course
FFP
1. Bidders are required to submit a unit price for 2.25" course as listed above.
Failure to provide a unit price for this line item will result in the rejection of the bid as non-responsive. Further, bids determined to be unbalanced as to individual unit prices will be rejected as non-responsive.
2. Contractor is to pro-rate mobilization costs to the respective unit priced and lump sum bid items.
3. Quantities listed in this line item are estimated only. No claims for anticipated profits, loss of profits, or damage of any sort due to differences between the estimated quantities of any item included in the original work will be allowed.
Reference FAR 52.211-18, "Variation in Estimated Quantity". UNDER NO
CIRCUMSTANCES SHALL THE CONTRACTOR PERFORM WORK IN
EXCESS OF THE ESTIMATED QUANTITIES WITHOUT THE EXPRESS
WRITTEN PERMISSION OF THE CONTRACTING OFFICER.
FOB: Destination
NET AMT $2,039,519.00
CIN: 00000000000009982878
$2,039,519.00
0004 1 Job $75,186.00 $75,186.00 VGLZ172042 - Repair Runway Keel
FFP
VGLZ172042 - Non personal services: Provide all plant, labour, new and current material, transportation, tools, equipment, appliances, supplies, services, permits, insurance, and supervision necessary to Repair Runway Keel in accordance with drawings, plans, specifications, and all applicable terms and conditions. The price on this line item excludes Crack repair and Asphalt Repair. Line Item 0008 is not unit priced and is soley and directly tied to the work on Line Item 0001 FOB: Destination
NET AMT $75,186.00
ACRN AB
CIN: 00000000000009982879
$75,186.00
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 270 dys. ANP 1 127 CES/CC
28700 SELFRIDGE AVENUE
SELFRIDGE ANG BASE MI 48045
586-239-4670 FOB: Destination
F8Y36P
0002 N/A N/A N/A N/A
0002AA 84 dys. ANP 4,000 127 CES/CC
28700 SELFRIDGE AVENUE
SELFRIDGE ANG BASE MI 48045
586-239-4670
0002AB 84 dys. ANP 4,000 (SAME AS PREVIOUS LOCATION)
0002AC 84 dys. ANP 1,500 (SAME AS PREVIOUS LOCATION)
0003 N/A N/A N/A N/A
0003AA 84 dys. ANP 11,028 127 CES/CC
28700 SELFRIDGE AVENUE
SELFRIDGE ANG BASE MI 48045
586-239-4670
0003AB 84 dys. ANP 11,028 (SAME AS PREVIOUS LOCATION)
0003AC 84 dys. ANP 14,887 (SAME AS PREVIOUS LOCATION)
0004 270 dys. ANP 1 (SAME AS PREVIOUS LOCATION)
AWARD SF 1442 and SF 1442 BACK
SECTION 00 10 00 - BID SCHEDULE, NOTES
SECTION 00 70 00 - CONTRACT CLAUSES
SECTION 00 73 00 - SPECIAL CONTRACT REQUIREMENTS
SECTION 01 00 00 - GENERAL REQUIREMENTS
ATTACHMENTS
Attachment 1: Repair Runway Specifications and Contract Documents dated December 2021. Prepared by AECOM Architects Engineers Planners.
Attachment 2: Repair Runway 100% Design Plans dated August 11, 2023 prepared by AECOM Architects Engineers Planners. Sheets C601 and C602 are dated 12/14/2023.
Attachment 3: Repair Runway AF 66 prepared by AECOM Architects Engineers Planners.
Attachment 4: . ADDENDUM 1as incorporated in Amendment 0004 of W50S8524B0001
Attachment 5: Cadillac Asphalt LLC Small Business Plan- VGLZ172042 - Repair Runway Keel dated 1/18 /2024 for Selfridge ANG Base as reviewed and/or approved by the Contracting Officer, Small Business Administration Procurement Center Representative, and the National Guard Bureau Director of Small Business Programs
Section 00 70 00 - Conditions of the Contract
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 N/A N/A N/A N/A 0002AA Destination Government Destination Government 0002AB Destination Government Destination Government 0002AC Destination Government Destination Government 0003 N/A N/A N/A N/A 0003AA Destination Government Destination Government 0003AB Destination Government Destination Government 0003AC Destination Government Destination Government 0004 Destination Government Destination Government
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
JUN 2020
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
JAN 2017
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
JUN 2020
52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities
DEC 2023
52.208-7 Tagging of Leased Vehicles MAY 1986 52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for Debarment
NOV 2021
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
OCT 2018
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.210-1 Market Research NOV 2021 52.211-13 Time Extensions SEP 2000 52.214-26 Audit and Records--Sealed Bidding JUN 2020 52.214-27 (Dev) Price Reduction for Defective Certified Cost or Pricing Data -
Modifications - Sealed Bidding (DEVIATION 2022-O0001)
OCT 2021
52.214-28 (Dev) Subcontractor Certified Cost Or Pricing Data--Modifications- -Sealed Bidding (DEVIATION 2022-O0001)
OCT 2021
52.219-8 Utilization of Small Business Concerns FEB 2024 52.219-9 Alt I Small Business Subcontracting Plan (SEP 2023) Alternate I NOV 2016 52.219-16 Liquidated Damages-Subcontracting Plan SEP 2021 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards - Overtime
Compensation
MAY 2018
52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records JUL 2021 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and
Related Regulations
MAY 2014
52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for
Construction
APR 2015
52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-50 Combating Trafficking in Persons NOV 2021 52.222-54 Employment Eligibility Verification MAY 2022 52.222-55 Minimum Wages for Contractor Workers Under Executive
Order 14026
JAN 2022
52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
SEP 2013
52.223-5 Alt I Pollution Prevention and Right-to-Know Information (May 2011) Alternate I
MAY 2011
52.223-6 Drug-Free Workplace MAY 2001 52.223-11 Ozone-Depleting Substances and High Global Warming
Potential Hydrofluorocarbons.
JUN 2016
52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners.
JUN 2016
52.223-15 Energy Efficiency in Energy-Consuming Products MAY 2020 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts
AUG 2018
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
JUN 2020
52.223-20 Aerosols JUN 2016
52.223-21 Foams JUN 2016 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice And Assistance Regarding Patent And Copyright
Infringement
JUN 2020
52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-11 (Dev) Individual Surety--Pledge of Assets (DEVIATION 2020-
O0016)
FEB 2021
52.228-12 Prospective Subcontractor Requests for Bonds DEC 2022 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
MAR 2023
52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements
APR 1984
52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) -
Alternate I
APR 1984
52.236-26 Preconstruction Conference FEB 1995 52.242-5 Payments to Small Business Subcontractors JAN 2017 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.243-6 Change Order Accounting APR 1984 52.244-6 Subcontracts for Commercial Products and Commercial
Services
FEB 2024
52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.246-23 Limitation Of Liability FEB 1997 52.248-3 Value Engineering-Construction OCT 2020 52.249-2 Alt I Termination for Convenience of the Government (Fixed-
Price) (Apr 2012) - Alternate I
SEP 1996
52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies
JAN 2023
252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7004 Display of Hotline Posters JAN 2023 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7006 Billing Instructions--Cost Vouchers MAY 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
JAN 2023
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
JAN 2023
252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.205-7000 Provision Of Information To Cooperative Agreement Holders JUN 2023 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of Terrorism
MAY 2019
252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements JAN 2023 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7060 Prohibition on Certain Procurements from the Xinjiang
Uyghur Autonomous Region
JUN 2023
252.227-7025 Limitations on the Use or Disclosure of Government- Furnished Information Marked with Restrictive Legends
JAN 2023
252.227-7033 Rights in Shop Drawings APR 1966 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7005 Airfield Safety Precautions DEC 1991 252.236-7013 Requirement for Competition Opportunity for American Steel
Producers, Fabricators, and Manufacturers
JAN 2023
252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial
Services
NOV 2023
252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations
OCT 2010
252.247-7023 Transportation of Supplies by Sea JAN 2023
CLAUSES INCORPORATED BY FULL TEXT
52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (NOV 2021)
(a) Definitions. As used in this clause--
Agent means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization.
Full cooperation—
(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors' and investigators' request for documents and access to employees with information;
(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require-
(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or
(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and
(3) Does not restrict a Contractor from--
(i) Conducting an internal investigation; or
(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.
Subcontractor means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor.
United States means the 50 States, the District of Columbia, and outlying areas.
(b) Code of business ethics and conduct. (1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall--
(i) Have a written code of business ethics and conduct;
(ii) Make a copy of the code available to each employee engaged in performance of the contract.
(2) The Contractor shall--
(i) Exercise due diligence to prevent and detect criminal conduct; and
(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law.
(3)(i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed--
(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; or
(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).
(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Contractor's disclosure as confidential where the information has been marked “confidential” or “proprietary” by the company. To the extent permitted by law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization's jurisdiction.
(iii) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract.
(c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if this contract is for the acquisition of a commercial product or commercial service as defined at FAR 2.101. The Contractor shall establish the following within 90 days after contract award, unless the Contracting Officer establishes a longer time period:
(1) An ongoing business ethics awareness and compliance program.
(i) This program shall include reasonable steps to communicate periodically and in a practical manner the Contractor's standards and procedures and other aspects of the Contractor's business ethics awareness and compliance program and internal control system, by conducting effective training programs and otherwise disseminating information appropriate to an individual's respective roles and responsibilities.
(ii) The training conducted under this program shall be provided to the Contractor's principals and employees, and as appropriate, the Contractor's agents and subcontractors.
(2) An internal control system.
(i) The Contractor's internal control system shall--
(A) Establish standards and procedures to facilitate timely discovery of improper conduct in connection with Government contracts; and
(B) Ensure corrective measures are promptly instituted and carried out.
(ii) At a minimum, the Contractor's internal control system shall provide for the following:
(A) Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the business ethics awareness and compliance program and internal control system.
(B) Reasonable efforts not to include an individual as a principal, whom due diligence would have exposed as having engaged in conduct that is in conflict with the Contractor's code of business ethics and conduct.
(C) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with the Contractor's code of business ethics and conduct and the special requirements of Government contracting, including--
(1) Monitoring and auditing to detect criminal conduct;
(2) Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and internal control system, especially if criminal conduct has been detected; and
(3) Periodic assessment of the risk of criminal conduct, with appropriate steps to design, implement, or modify the business ethics awareness and compliance program and the internal control system as necessary to reduce the risk of criminal conduct identified through this process.
(D) An internal reporting mechanism, such as a hotline, which allows for anonymity or confidentiality, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.
(E) Disciplinary action for improper conduct or for failing to take reasonable steps to prevent or detect improper conduct.
(F) Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of any Government contract performed by the Contractor or a subcontractor thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 U.S.C. or a violation of the civil False Claims Act (31 U.S.C. 3729-3733).
(1) If a violation relates to more than one Government contract, the Contractor may make the disclosure to the agency OIG and Contracting Officer responsible for the largest dollar value contract impacted by the violation.
(2) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract, and the respective agencies' contracting officers.
(3) The disclosure requirement for an individual contract continues until at least 3 years after final payment on the contract.
(4) The Government will safeguard such disclosures in accordance with paragraph (b)(3)(ii) of this clause.
(G) Full cooperation with any Government agencies responsible for audits, investigations, or corrective actions.
(d) Subcontracts.
(1) The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts that exceed the threshold specified in FAR 3.1004(a) on the date of subcontract award and a performance period of more than 120 days.
(2) In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.
(End of clause)
52.204-1 APPROVAL OF CONTRACT (DEC 1989)
This contract is subject to the written approval of the National Guard Bureau Directorate of Acquisitions and shall not be binding until so approved.
52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
(a) Definitions. As used in this clause--
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered foreign country means The People's Republic of China.
Covered telecommunications equipment or services means--
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means--
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.
(c) Exceptions. This clause does not prohibit contractors from providing--
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.
52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)
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…
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