Resurface of Uniform Tire Quality Grading Standards Traction Asphalt Test Surface
*** Amendment 1, Extension of Solicitation *** *Provide Responses to Questions and Supporting Documents concerning this project prior to close of solicitation this evening! This Solicitation is hereby... *** Amendment 1, Extension of Solicitation *** *Provide Responses to Questions and Supporting Documents concerning this project prior to close of solicitation this evening! This Solicitation is hereby extended to provide responses to technical questions received for which the Gov't response will be provided by c.o.b. (tomorrow) January 14, 2025; proposals will then be due by 4:00p.m. EST on Tuesday, January 21st, 2025. **PLEASE READ THIS NOTICE CAREFULLY AS IT CONSTITUTES THE ONLY NOTICE THAT WILL BE ISSUED** A. FAR 12.603 STREAMLINED SOLICITATION FOR COMMERCIAL PRODUCTS OR COMMERCIAL SERVICES This is a COMBINED SYNOPSIS/SOLICITATION for commercial products or commercial services prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The Request for Proposal (RFP) number for this project is 693JJ925R000012. The resultant contract award will be performed at the Office of Vehicle Safety Compliance’s (OVSC’s) San Angelo Test Facility (SATF) located on the grounds of Goodfellow Air Force Base (GAFB) in San Angelo, TX. The contract type will be Firm Fixed-Price. The solicitation document and incorporated provisions and clauses are those in effect through FAC Number 2025-01 with the effective date of 11/12/2024. The North American Industrial Classification System (NAICS) Code for this procurement is 237310 “Highway, Street, and Bridge Construction” -, with a small business size standard of $45,000,000.00. The Product Service Code for this procurement is Y1LB “Construction of Highways, Roads, Streets, Bridges, and Railways”. This solicitation is NOT set-aside for small businesses. Contract Price. B. PRICE SCHEDULE B.1 BASE PERIOD OF PERFORMANCE: Total price shall cover the performance period from the effective date of award through twenty-four (24) months thereafter. From: 01/XX/2025 To: 01/XX/2026 BASE PERIOD, CONTRACT PRICE: $TBD Line Item Number Item Description Qty Unit Unit Price Total Extended Price 0001 Resurface UTQG Standards Traction Asphalt Test Surface 1 Lot - $TBD Total Contract Firm Fixed-Price $TBD Statement of Work (SOW) C. DESCRIPTION/SPECIFICATIONS/ STATEMENT OF WORK C.1 BACKGROUND The National Highway Traffic Safety Administration (NHTSA) has a need to resurface the asphalt test surface portion of the Traction Grading Test Track used to perform testing in accordance with the Uniform Tire Quality Grading System (UTQGS) at the Office of Vehicle Safety Compliance’s (OVSC’s) San Angelo Test Facility (SATF) located on the grounds of Goodfellow Air Force Base (GAFB) in San Angelo, Texas (TX). The asphalt test surface was last resurfaced in September 2013. The test surface is used by OVSC to perform traction testing for enforcement of the UTQG consumer information program. The test surface is also used by outside entities to perform traction testing. The UTQG traction test measures the slide friction coefficient of tires using a tire traction skid trailer at a test speed of 40 miles per hour (MPH). The allowable surface coefficient range per 49 C.F.R. § 575.104 is 0.50 ± 0.10. This value is measured using the American Society for Testing and Materials (ASTM) E 501 tire with a test load of 1,085lbs and an onboard watering system with an output of approximately 4.0 GPM per wetted inch of nozzle width. C.2 CONTRACT OBJECTIVES The objective of this contract is to replace the asphalt UTQG traction test surface located at the SATF located on GAFB in San Angelo, TX with a durable surface that meets the tire test surfaces specified in 49 C.F.R. § 575.104. This may include, but is not limited to, identifying a suitable replacement asphalt mix with test strips, removing the existing surface, placing a new asphalt surface, and re-painting the required lines. The purpose of the new test surface is to satisfy the government’s need to have a NHTSA Traction Asphalt Test Surface located at its San Angelo Test Facility (SATF) located on the grounds of Goodfellow Air Force Base (GAFB) in San Angelo, Texas (TX). The intended use of the test surface that is to be provided to the government is to conduct compliance testing for tire traction ratings, which require a surface that is within the Uniform Tire Quality Grading System (UTQGS) allowable surface friction range and possesses the quality, durability, and smoothness needed for traction testing. All work completed must be in compliance with all applicable rules and regulations of GAFB. C.3 GENERAL REQUIREMENTS Phase One (1) Test Stripe Surface Application The Contractor shall schedule all work under this Contract with the Contracting Officer’s Representative (COR). The Contractor shall identify a suitable asphalt mix design through the placement and evaluation of a test strip, removing the existing test surface (if required), replacing the test surface, and ensuring smooth transitions to and from the test surface, to include painting of the completed test surface. The Contractor shall meet all work requirements for GAFB including certain requirements and approvals that must be met and/or obtained prior to the start of work by the contractor. The Contractor shall be responsible for the following: C.3.1 The Contractor, inclusive of Contractor personnel and subcontractors supporting this project on-site at the SATF, must meet all Air Force Base (AFB) security requirements. This will include background and verification checks required prior to base access. The general requirements may be found at: https://www.goodfellow.af.mil/Home/Visitor-Control-Center-Gate-Information/ The contractor must provide a list of all personnel who will be accessing the base and all required information to include the following: (Full Name, Date of Birth, Driver’s License No. w/State of Issuance, and Last Four (4) of SSN) to the COR for the contractor personnel to gain approval to access the base. This process can take between 2-4 weeks to complete from the time the list is submitted. This list must be provided to the COR via email within 1 month of the completion of the Kick-Off Meeting. C.3.2 The Contractor must meet all other AFB requirements that are in effect at and during time of project, including but not limited to, obtaining environmental approval for all materials required to complete the project. C.3.3 The Contractor shall ensure that its equipment and operations does not interfere with AFB operations at any time during project. C.3.4 Parking on turf or base roads is not permitted without prior approval from the COR. C.3.5 All equipment, (e.g., vehicles) shall pass through an inspection station when accessing the AFB or whenever entering the AFB located at: 4368 S Chadbourne St. San Angelo, TX 76905 Note: The inspection station is located at the south gate, near the visitor’s center entrance to the base. C.3.6 Upon completion of the project the Contractor shall perform cleanup of debris from all work areas. The Contractor shall collect all trash, debris, refuse, garbage, etc., that is generated, and place it in appropriate containers or vehicles as directed by the COR. The Contractor shall haul materials from the site by appropriate means as needed. The Contractor shall ensure proper disposal of materials outside the limits of Government property. The Contractor shall ensure that disposal by recycling, sanitary landfill or other approved methods conforms to all local, state, and federal guidelines, criteria, and regulations. Upon completion of the work, the Contractor shall leave the work site and any storage area(s) in a clean, neat, and orderly condition as determined by the COR. The COR will inspect the work site, prior to the Contractor’s final departure from the site, to confirm that the work site is in a satisfactory condition. C.3.7 The Contractor shall comply with all Occupational Safety and Health Administration (OSHA) regulations while executing Contract activities. C.3.8 The Contractor shall comply and ensure that all subcontractors, if any, comply with all applicable federal, state, and local laws, regulations, ordinances, and standards related to any environmental matters. The Contractor shall also comply and ensure that all subcontractors, if any, comply with all specific instructions or directions provided to the Contractor by Goodfellow AFB regarding any environmental or safety matters. C.3.9 The Contractor shall execute the work for this project in the best and most competent manner, by qualified and efficient Contractor personnel, skilled in their respective trades. The Contractor shall coordinate and perform all operations in a manner that will result in a professional and expeditiously completed project. The Contractor shall conduct the work in strict accordance with prevailing industry standards and manufacturer’s instructions. The Contractor shall ensure that the work and materials comply with industry best practices for quality and technical/performance requirements for this project as described herein and (the resultant Contract award) for all applicable criteria, regulations, guidelines, and codes, all of which are made a part thereof. C.3.10 Normal working hours for SATF personnel are Monday through Friday between the hours of 7:00 a.m. and 4:00 p.m. excluding Saturdays, Sundays, and Federal holidays. If noncontractor personnel (e.g. federal or NHTSA contractor personnel) are reasonably available, the Contracting Officer may authorize the Contractor to perform work during periods other than the normal tour of duty for work hours/days. C.4 TEST SURFACE SPECIFIC REQUIREMENTS C.4.1 KICK-OFF MEETING Within two (2) weeks of the effective date of the contract, the Contractor shall participate in a Kick-Off meeting with the Contracting Officer’s Representative (COR), Contracting Officer (CO), and other NHTSA staff. The Kickoff meeting will take place via teleconference and will be approximately two hours in length. The Contractor shall make a brief presentation of their understanding of the contract requirements. After the presentation, the parties shall discuss basic contract requirements, including the schedule for evaluations and operational procedures. Washington, DC, based NHTSA staff may join via teleconference for these discussions. C.4.2 The Contractor shall clean and remove all grass, weeds, debris, and soil from cracks in the asphalt test surface prior to beginning paving. C.4.3 The Contractor shall remove the existing surface; or subject to COR approval repair the existing asphalt test surface with a suitable crack sealant. C.4.4 The Contractor shall design an asphalt mix that they believe is capable of meeting the required performance characteristics detailed in Section C.4.6 prior to applying the test strip. The Contractor shall prepare and install an initial test strip before installing the full asphalt test surface. The Contractor shall place a test strip that is 10 feet wide and 150 feet long in the shoulder area adjacent to the asphalt test surface. The purpose of the test strip is to demonstrate the wet traction coefficient of friction and durability of the asphalt mix design. Alternatively, the contractor may place a test strip of the proposed asphalt mix design at SATF or another location (upon approval by the government and within a 150-mile radius of SATF), so that SATF personnel can access and evaluate the test strip in a manner consistent with the location at SATF. The government will burnish and test the surface for wet traction coefficient of friction and durability. 2) The government will discuss the results of the testing with the contractor. If an additional test strip is required; the following procedure will be followed: The Contractor shall then adjust the asphalt mix design as required to meet the friction coefficient and durability requirements and install another complete asphalt test strip in the same general area as the previous one; as described in paragraph (C.4.4.a, above). The contract will require successful paving of at least one test strip that meets the required wet traction coefficient of friction and desired durability prior to receipt of approval by the CO in order to move onto Phase 2 for paving of the full asphalt test surface. Once the government determines that the test strip meets durability and skid coefficient requirements, the contractor will be notified by the CO that it may proceed to the task detailed at C.4.5 below. Phase Two (2) Full Asphalt Test Surface Application C.4.5 The Contractor shall provide a surface within the target range for the wet slide coefficient of friction of 0.55µ to 0.62µ after curing and the government has burnished the surface. The coefficient of friction will be measure by the government using the UTQG traction test procedure and an ASTM E 501 tire. C.4.6 Additional Construction Requirements a. The Contractor shall prepare and install an asphalt and aggregate seal coat overlay on the entire test surface and shoulders, 1000 feet long and 104 feet wide, that will serve in part as a moisture barrier. b. The test procedure requires a traction testing apparatus consisting of a pickup truck and instrumented trailer to travel at a steady speed of 40 MPH. The Contractor shall construct the new asphalt test surface in a way that allows for a very smooth transition from the oval track road to the test surface with no perceptible impact to the driver and enough distance for the vertical loads to settle out of the suspension prior to reaching the first test location. The Contractor shall ensure the exit ramp of the test surface meets the same requirements. The Contractor shall ensure that the surface transition is smooth from both directions in the event that traffic flow is reversed. c. The Contractor shall ensure that the final test surface is smooth and free of bumps, divots, or any other surface disturbances. These things will cause transient disturbances in traction testing data which will increase test variability and produce bad data. d. The Contractor shall ensure that there are no foreign objects purposefully or accidentally left in the test surface. The Contractor shall ensure that the surface is a smooth, finished, homogenous, asphalt surface. e. The Contractor shall ensure that there are no longitudinal or horizontal cracks in the final test surface. The Contractor shall ensure that the construction seams between asphalt lays are minimal with no vertical difference between lays. f. The Contractor shall ensure that the final density is such that the surface can support the static and dynamic loads of the trailer traction testing apparatus for the extent of the test surface life without rutting. C.4.7 At transition areas between the test surface and the non-test surface, the Contractor must provide: a. Butt joints to transition to and from asphalt test areas to ensure structural integrity and smooth transition to the asphalt roadway surface. b. Provide a smooth transition between the test surface and the non-test surface, such that, the driver of an instrumented skid trailer driving over the transition area will not feel a bump and the data acquisition system will not be affected as the various axles pass over the transition area. c. Two full-width, ramp-like surface grades of 100 feet length each. The Contractor shall ensure that each grading has a gradual height transition from the original non-test asphalt surface with overlay to the existing concrete test surface. C.4.8 The Contractor shall paint new lane stripes on the new test surface that duplicate the color, width and length of the old lane stripes, i.e., alternating yellow and white stripes, 10 feet long, beginning 10 feet prior to entering skid pad test surface from both directions and a lateral midpoint stripe. C.4.9 The government will evaluate the completed test surface and provide final acceptance to the contractor. The government will provide final acceptance within two (2) months of the completion of the lane stripes being completed. C.4.10 The Contractor shall provide all quality assurance or quality control data and documentation for any of the materials and test surface along with the final mix design to the COR. These documents must be provided within 3 weeks of the government’s final acceptance of the completed test surface. C.5 PROPRIETARY OR CONFIDENTIAL INFORMATION Consistent with the data rights clause in Section (viii) below of this agreement, the Contractor may identify any proprietary or any confidential data or information needed in the performance of the contract. The Contractor must comply with the data rights clause in this agreement to notify and identify the data or information with limited rights. The Government can assist the Contractor to identify limited rights data consistent with the data rights clause. Delivery date, acceptance (f.o.b. destination) Date of Delivery The period of performance for this Contract shall be twelve (12) months from date of award. (dates TBD) Place of Delivery Department of Transportation National Highway Traffic Safety Administration Office of Vehicle Safety (NEF-220) 131 Comanche Trail Building 3527 Goodfellow AFB, Texas 76908 Contracting Officer’s Representative (COR) – TBD Alternate Contracting Officer’s Representative (ACOR) – TBD Inspection: INSPECTION AND ACCEPTANCE FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/far NOTE: Those clauses marked with an “X” are hereby incorporated by reference. Applicable “X” FAR Clause Number FAR Clause Title (Thru FAC 2005-99) X 52.246-4 Inspection of Services—Fixed-Price (AUG 1996) INSPECTION AND/OR ACCEPTANCE The COR as designated in this effort shall be responsible for performing the inspection of all services rendered under this award and for recommending acceptance of replacement/correction of services or materials that fail to meet the requirements to the Contracting Officer. The COR will also be responsible to the Contracting Officer for recommending acceptance or replacement/correction of nonconforming supplies or services that fail to meet the requirements. Rejection of a final report will delay final payment of costs due under the effort. The most common causes for rejecting final reports are: Incomplete description of the work objective and its relationship to other work performed in the area. Inadequate description of methodology Insufficient or inconsistent technical information to support the findings or conclusions. Poorly conceived graphs, charts, and displays. Incorrect spelling and grammar AGENCY PERSONNEL RESPONSIBLE FOR INSPECTION The Contracting Officer’s Representative (COR) as designated in this effort, will be responsible for performing the inspection of all services rendered under this award and for recommending acceptance or replacement/correction of services or materials that fail to meet the requirements to the Contracting Officer. Milestones and Deliverables: DELIVERABLES/MILESTONES The following milestones and deliverables apply to this contract and are considered critical to the successful completion of the project. Item No. Section Deliverable (D) /Milestone (M) Estimated Timeline 1 C.4.1 (Phase 1) Kickoff Meeting (M) Within Two (2) weeks After Contract Award (ACA) 2 C.3.1 Contractor submits personnel list with required information for base security checks (D) Within one (1) month of Item 1 3 C.3.1 Personnel List is approved (M) Typically 2-4 Weeks from Item 2 Completion 4 C.4.4 Contractor and COR determine test strip start date (M) TBD 5 C.4.4 Contractor Places Test Strip (D) TBD 6 C.4.4.a.1 SATF Completes Evaluation of Test Strip (M) Within 2 months of Item 5 Completion 7 C.4.4.a.2 SATF Discusses Test Strip Results with Contractor (M) Within 1 week of Item 6 Completion 8 C.4.4.b.1 (Retest; if required) Contractor Places Additional Test Strip (D) If Applicable 9 C.4.4.a.1 (Retest; if required) SATF Completes Evaluation of Additional Test Strip (M) Within 2 months of Item 8 Completion 10 C.4.4.b.2 SATF Approves Mix Design (M) Within One (1) week of identifying a test strip that meets the performance criteria 11 C.4.5 (Phase 2 Begins) Upon Approval Contractor Places Full Test Surface (D) TBD 12 C.4.8 Contractor Paints Test Surface (D) TBD 13 C.4.9 SATF Accepts Final Test Surface (M) Within two (2) months of Item 12 Completion 14 C.4.10 Contractor provides SATF with all QA/QC data and final mix design (D) Within three (3) weeks of Item 13 Completion Payment Schedule: CONTRACT PAYMENT SCHEDULE The following payment schedule is hereby incorporated and applicable to all payments to be made under this Contract. Payment Schedule Task # Task Order Payment Schedule Milestones Percentage of Total Price C.4.1 Kickoff Meeting 1% C.4.4.b.2 Test strip meets skid coefficient requirements 20% C.4.7 Full Asphalt Test Surface 45% C.4.7 & C.4.8 Non-Test Surface & Painting 24% C.4.10 QA/QC data and final mix design 10% 100% Total Firm Fixed-Price Amount $TBD FAR 52.212-1 -- Instructions to Offerors-Commercial Products and Commercial Services (SEP 2023) is applicable to this Solicitation. ADDITIONAL CLAUSES INCORPORATED BY REFERENCE (Feb 1998) FAR Clauses incorporated by reference This solicitation and any resulting contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: www.acquisition.gov/far FAC Number: 2025-01 Effective Date: 11-12-2024 52.202-1 Definitions (Jun 2020) 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant Against Contingent Fees (May 2014) 52.203-6 Restrictions of Subcontractor Sales to the Government (Jun 2020) 52.203-7 Anti-Kickback Procedures (Jun 2020) 52.203-8 Cancellation, Recission, 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) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 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) 52.213-1 Fast Payment Procedure (May 2006) 52.215-2 Audit and Records-Negotiation (Jun 2020) 52.215-8 Order of Precedence-Uniform Contract Format (Oct 1997) 52.215-11 Price Reductions for Defective Certified Cost or Pricing Data-Modifications (Jun 2020) 52.215-13 Subcontractor Certified Cost or Pricing Data-Modifications (Jun 2020) 52.215-14 Integrity of Unit Prices (Nov 2021) 52.215-23 Limitations on Pass-Through Charges (Jun 2020) 52.216-7 Allowable Cost and Payment (Aug 2018) 52.222-2 Payment for Overtime Premiums (July 1990) 52.222-3 Convict Labor (Jun 2003) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (Sept 2016) 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) 52.222-38 Compliance with Veterans’ Employment Reporting Requirements (Feb 2016) 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) 52.223-6 Drug-Free Workplace (May 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) 52.225-1 Buy American-Supplies (Oct 2022) 52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2023) 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) 52.227-3 Patent Indemnity (Apr 1984) 52.227-14 Rights In Data-General (May 2014), (Alternate I) (Dec 2007), and (Alternate II) (Dec 2007) 52.227-16 Additional Data Requirements (June 1987) 52.227-17 Rights in Date-Special Works (Dec 2007) 52.228-7 Insurance-Liability to Third Persons (Mar 1996) 52.230-2 Cost Accounting Standards (Jun 2020) 52.230-3 Disclosure and Consistency of Cost Accounting Practices (Jun 2020) 52.230-6 Administration of Cost Accounting Standards (June 2010) 52.232-17 Interest (May 2014) 52.232-20 Limitation of Cost (Apr 1984) 52.232-22 Limitation of Funds (Apr 1984) 52.232-23 Assignment of Claims (May 2014) 52.232-25 Prompt Payment (Jan 2017) Alternate I (Feb 2002) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) 52.232-34 Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) 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) Alternate I (Dec 1991) 52.233-3 Protest After Award (Aug 1996) Alternate I (Jun 1985) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.237-3 Continuity of Services (Jan 1991) 52.242-1 Notice of Intent to Disallow Costs (Apr 1984) 52.242-3 Penalties for Unallowable Costs (Dec 2022) 52.242-4 Certification of Final Indirect Costs (Jan 1997) 52.242-13 Bankruptcy (July 1995) 52.243-2 Changes-Cost-Reimbursement (Aug 1987) Alternate II (Apr 1984) 52.244-2 Subcontracts (Jun 2020) Alternate I (Jun 2020) 52.244-5 Competition in Subcontracting (Aug 2024) 52.245-1 Government Property (Sep 2021) Alternate I (Apr 2012) 52.245-2 Government Property Installation Operation Services (Apr 2012) 52.245-9 Use and Charges (Apr 2012) 52.246-1 Contractor Inspection Requirements (Apr 1984) 52.246-25 Limitation of Liability-Services (Feb 1997) 52.247-29 F.o.b. Origin (Feb 2006) 52.247-34 F.o.b. Destination (Jan 1991) 52.249-6 Termination (Cost-Reimbursement) (May 2004) 52.249-14 Excusable Delays (Apr 1984) 52.251-1 Government Supply Sources (Apr 2012) 52.253-1 Computer Generated Forms (Jan 1991) Federal Acquisition Regulation (FAR) Clauses Provided in Full Text This contract incorporates the following Federal Acquisition Regulation Clauses provided in full text: FAR 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) FAR 52.223-99 – Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Oct 2021) (Deviation 2022-01) (a) Definition. As used in this clause - United States or its outlying areas means— (1) The fifty States; (2) The District of Columbia; (3) The commonwealths of Puerto Rico and the Northern Mariana Islands; (4) The territories of American Samoa, Guam, and the United States Virgin Islands; and (5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll. (b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985). (c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/. (d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas. (End of clause) The Government will take no action to enforce the clause implementing requirements of Executive Order 14042, absent further written notice from the agency, where the place of performance identified in the contract is in a U.S. state or outlying area subject to a court order prohibiting the application of requirements pursuant to the Executive Order (hereinafter, “Excluded State or Outlying Area”). In all other circumstances, the Government will enforce the clause, except for contractor employees who perform substantial work on or in connection with a covered contract in an Excluded State or Outlying Area, or in a covered contractor workplace located in an Excluded State or Outlying Area. A current list of such Excluded States and Outlying Areas is maintained at https://www.saferfederalworkforce.gov/contractors/. Department of Transportation Acquisition Regulation (TAR) Clauses incorporated by Reference This contract incorporates the f...
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