52_204_27_Jun_2023_0005.pdf
PDF 107 KB Posted
- Attached to
- Purchase of small dredge Federal contract opportunity
- Solicitation number
- 140R3023Q0006
About this file
This document contains a federal contract clause prohibiting the use of TikTok on government information technology and a related federal contract opportunity. The contract clause bars the presence or use of the social media application TikTok, as well as any successor application developed by ByteDance Limited, on any equipment owned, managed, or used by federal contractors under the contract. It requires inclusion of this prohibition in any subcontracts.
The related federal contract opportunity is a solicitation issued by the Bureau of Reclamation to purchase one small hydraulic dredge for maintenance of conservation areas at the Havasu National Wildlife Refuge in Arizona. The dredge is to be delivered by December 2023. Offerors must be registered in the System for Award Management and have completed online representations and certifications by the time the offer is submitted.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Sol_140R3023Q0006_Amd_0005.pdf | ||
| Sol_140R3023Q0006_Amd_0004.pdf | ||
| Sol_140R3023Q0006_Amd_0003.pdf | ||
| Sol_140R3023Q0006_Amd_0002.pdf | ||
| Sol_140R3023Q0006_Amd_0001.pdf | ||
| Revised_Attachment_1_-_Statement_of_Work_-_Dredge_0001.pdf | ||
| Sol_140R3023Q0006.pdf | ||
| 140R3023Q0006.pdf | ||
| Attachment_1_-_Statement_of_Work_-_Dredge.pdf |
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Text version
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)
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