EXHIBIT AC - LA-23-04 FAR Clause 52.204-27.pdf
FAR Clause PDF 141 KB Posted
- Attached to
- X1DZ--Berks Community Base Outpatient Clinic
- Solicitation number
- 36C24425R0038
About this file
This is a FAR clause (52.204-27) titled "Prohibition on a ByteDance Covered Application" from June 2023, included as Exhibit AC in lease number 36C24425L0008 for a Berk CBOC (Community Based Outpatient Clinic). The clause prohibits contractors from having or using TikTok or any successor applications developed by ByteDance Limited on any government-owned or managed information technology, including equipment provided by contractor employees. This implements Section 102 of the Consolidated Appropriations Act 2023's "No TikTok on Government Devices Act" and OMB Memorandum M-23-13.
The clause defines covered applications and information technology in detail, with exceptions for equipment acquired incidental to federal contracts. It requires contractors to include this prohibition in all subcontracts, including those for commercial products and services. The only exception is if the Contracting Officer provides written notification that an exception has been granted under OMB Memorandum M-23-13.
View the file
Other versions and copies of FAR 52.204-27
Show all 20
Who attaches FAR 52.204-27
Other files
Show all 25
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
EXHIBIT AC
LEASE NO. 36C24425L0008, PAGE 1
Berk, CBOC
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.
LEASE NO. 36C24424L0003, PAGE 2
Berk, CBOC
(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)
File details come from the government source that posted it. Updated .