52.204-27 Prohibition on a ByteDance Covered Application.pdf

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AASHTO ACCREDITATION AND INSPECTION SERVICES
Solicitation number
693C7324Q000001
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About this file

This document provides a clause prohibiting the use of ByteDance's TikTok application on federal government information technology. The clause specifies that section 102 of Division R of the Consolidated Appropriations Act, 2023 and OMB Memorandum M-23-13 collectively prohibit the presence or use of TikTok or any successor application developed by ByteDance Limited on executive agency IT, including certain contractor-managed equipment. The contractor is barred from having or using TikTok on any government-owned or -managed IT or any IT used under the contract, including employee devices. However, the contracting officer may grant an exception. The contractor must flow this clause down to any subcontracts.

The related federal contract opportunity is a solicitation from the Department of Transportation Federal Highway Administration for accreditation and inspection services under solicitation number 693C7324Q000001.

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RFQ NO. 693C7324Q000001.pdf PDF
PROVISION 52.204-26.pdf PDF
JUSTIFICATION.pdf PDF
Scope of Work 2024.pdf PDF
PROVISION 52.204-24.pdf PDF
Sec 889 Offeror Representation Form.pdf PDF

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Text version

52.204-27 Prohibition on a ByteDance Covered Application.

As prescribed in 4.2203(c), insert the following clause:

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) https://www.acquisition.gov/far/4.2203#FAR_4_2203

52.204-27 Prohibition on a ByteDance Covered Application.

File details come from the government source that posted it. Updated .