L. 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023).pdf
FAR Clause Jun 2023 PDF 104 KB Posted
- Attached to
- General Services Administration (GSA) seeks to lease the following space: Solicitation No. 0SC2094
- Solicitation number
- 0SC2094-1
About this file
This document is a copy of the Federal Acquisition Regulation (FAR) clause 52.204-27, "Prohibition on a ByteDance Covered Application." It prohibits the use of the TikTok social media application on any information technology (IT) owned, managed, or used by the federal government or its contractors under this contract. The clause defines "covered application" and "information technology," and requires contractors to flow down this prohibition to their subcontractors. The prohibition does not apply if the contracting officer provides written notification that an exception has been granted in accordance with Office of Management and Budget (OMB) guidance.
The related federal contract opportunity is for the General Services Administration (GSA) to lease 5,300 ABOA SF of office space along with 6 parking spaces. The solicitation number is 0SC2094.
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Prohibition on a ByteDance Covered Application (Jun 2023)
Prohibition on a ByteDance Covered Application
See instructions within the representation regarding whether or not completion of this form is required If required, complete appropriate boxes, sign the form, and return form, along with any other required disclosure information, to LCO or his/her designee.
NOTE: The "Offeror," as used on this form, is the owner of the property offered, not an individual or agent representing the owner.
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.
Prohibition on a ByteDance Covered Application (Jun 2023)
(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.
OFFEROR OR
LEGALLY
AUTHORIZED
REPRESENTATIVE
NAME, ADDRESS (INCLUDING ZIP CODE)
TELEPHONE NUMBER
Signature
Date
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