52.204-27 Prohibition on a ByteDance Covered Application.pdf
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- Solicitation number
- 693C7235Q000023
About this file
This document is a federal procurement clause (52.204-27) prohibiting the use of ByteDance's TikTok application on government information technology. The clause, issued in June 2023, implements Section 102 of the Consolidated Appropriations Act and OMB Memorandum M-23-13, which ban TikTok and any ByteDance-developed successor applications from executive agency information technology systems and equipment used by federal contractors. Contractors are explicitly prohibited from having or using such applications on any government-owned or government-contract-related information technology, with potential exceptions only granted through written notification from the Contracting Officer. The clause must also be inserted into all subcontracts, including those for commercial products or services.
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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 .