9UT2188 RLP Amendment 112.20.docx

AMENDMENT NUMBER 1

GSA REQUEST FOR LEASE PROPOSALS NO. 9UT2188

PROVO, UT

DECEMBER 15, 2023 Comment by RobertWSchlattman: Is this correct?

Please refer to Request for Lease Proposals (RLP) No. 9UT218 that solicits lease proposals for space in Provo, UT.

1. RLP No. 9UT2188 is hereby amended to extend the offer and revised offer response due date to January 18, 2024.

2. RLP No. 9UT2188 is further amended to replace Exhibit E (3517B General Clauses) with attached 3517 B (Oct. 2023)

3. RLP No. 9UT2188 is further amended to include the following as a part of RLP No. 9UT2188:

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.

4. RLP No. 9UT2188 is further amended to substitute the following paragraph (c)(2)(i) for paragraph (c)(2)(i) of GSAM 552.270-1 in Exhibit D of RLP No. 9UT2188:

Any offer received at the office designated in the solicitation after the exact time specified for receipt of final proposal revisions will not be considered unless it is received before award is made and it meets one of the following conditions—.

RLP Amendment No 1 is authorized by: John Ben Tiner, Lease Contracting Officer.

All other terms and conditions remain the same.