52.204-27 Prohibition on a ByteDance Covered App - June 2023.pdf
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- Solicitation number
- 36C77623B0034
About this file
This document contains a federal contract solicitation and related contract clause. The solicitation is for general construction services to upgrade telecommunications infrastructure at the St. Louis John Cochran VA Medical Center. Work includes electrical upgrades, expanding and renovating space for new telecom rooms, constructing an exterior telecom tower, installing new data outlets and fiber infrastructure, physical security upgrades, and hazardous material abatement. The solicitation was issued by the Department of Veterans Affairs Technology Acquisition Center located in Austin, Texas. The included clause prohibits federal contractors from using the social media application TikTok or any successor application developed by ByteDance on government information technology or contractor-provided equipment under the contract, in compliance with recent legislation and OMB guidance, with potential exceptions granted by the Contracting Officer.
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52.204-27 PROHIBITION on a Byte DANCE COVERED APPLICATION (JUNE 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)
52.204-27 PROHIBITION on a Byte DANCE COVERED APPLICATION (JUNE 2023)
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