6913G623Q300054 52.204-27 Prohibition on a ByteDance Covered Application.pdf
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- Attached to
- Cambridge School Volunteers - Reading Buddies Program Federal contract opportunity
- Solicitation number
- 6913G623Q300054
About this file
This document contains a federal contract clause prohibiting the use of the social media application TikTok on government information technology systems or under federal contracts. Specifically, the clause bars the presence or use of TikTok, as well as any successor application developed by its parent company ByteDance Limited, on executive agency IT equipment, including devices used by federal contractors in the performance of government contracts. Contractors are prohibited from having TikTok on any technology owned, managed, or used by the government under a contract. However, the contracting officer may grant an exception to this prohibition in writing. The clause also requires inclusion of its substance in any subcontracts to ensure flow down of the TikTok ban throughout the supply chain. The related federal contract opportunity is a solicitation from the Department of Transportation for a reading program with Cambridge School Volunteers, though no additional details are provided.
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| 6913G623Q300054 52.212-3 Reps and Certs.pdf |
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Text version
FAR 52.204-27 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)
6913G623Q300054
File details come from the government source that posted it. Updated .