52.204-27 Prohibition on a ByteDance Covered Application.pdf
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- Attached to
- STORAGE DEVICE MAINTENANCE-DELL UNITY 480XT Federal contract opportunity
- Solicitation number
- 693C7325Q000027
About this file
This document is a federal acquisition regulation (FAR) clause that prohibits the use of TikTok and ByteDance-developed applications on government information technology. The clause, numbered 52.204-27 and dated June 2023, implements the No TikTok on Government Devices Act from the Consolidated Appropriations Act of 2023. It broadly defines "covered application" as TikTok or any successor application developed by ByteDance Limited, and establishes a comprehensive prohibition on these applications across executive agency information technology, including equipment used by federal contractors.
The clause requires contractors to prevent the presence or use of the covered application on any government-owned or government-managed information technology, or on any technology used to perform a federal contract. Contractors must also insert the substance of this clause in all subcontracts, including those for commercial products or services. The prohibition can only be waived if the Contracting Officer provides written notification of an exception in accordance with OMB Memorandum M-23-13. This regulation represents a significant cybersecurity measure targeting potential risks associated with ByteDance's social media applications.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| PROVISION 52.204-26.pdf | ||
| JUSTIFICATION.pdf | ||
| PROVISION 52.204-24.pdf | ||
| RFQ NO. 693C7325Q000027.pdf | ||
| Sec 889 Offeror Representation Form.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 .