52.204-27 Prohibition on a ByteDance Covered Application.pdf
PDF 107 KB Posted
- Attached to
- SURVEY DRONE AND LIDAR EQUIPMENT
- Solicitation number
- 693C7325Q000014
About this file
This is FAR clause 52.204-27 "Prohibition on a ByteDance Covered Application" dated June 2023, which prohibits the use of TikTok and any successor applications developed by ByteDance Limited on government information technology systems and contractor equipment used for federal contracts.
The clause defines covered applications and information technology scope, implementing Section 102 of the Consolidated Appropriations Act 2023 (No TikTok on Government Devices Act) and OMB Memorandum M-23-13. It prohibits contractors from having or using TikTok on any government-owned/managed IT systems or contractor-provided equipment used under the contract, including employees' devices. Exceptions require written notification from the Contracting Officer. The clause must be flowed down to all subcontracts, including those for commercial products and services. The clause appears to be included in solicitation 693C7325Q000014 for Department of Transportation Federal Highway Administration's procurement of survey drone and LIDAR equipment.
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Other files
| File | Type | Posted |
|---|---|---|
| Lidar and Camera Package Lists.pdf | ||
| PROVISION 52.204-24.pdf | ||
| PROVISION 52.204-26.pdf | ||
| Sec 889 Offeror Representation Form.pdf | ||
| RFQ NO. 693C7325Q000014.pdf | ||
| JUSTIFICATION.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 .