EXHIBIT K-FAR Clause 52.204-27.pdf
FAR Clause PDF 172 KB Posted
- Solicitation number
- 0NE2044
About this file
This document contains a Federal Acquisition Regulation (FAR) clause prohibiting the use of certain covered applications on federal information technology systems and by federal contractors.
The clause implements recent legislation and guidance barring the use of the social media application TikTok, or any successor application developed by ByteDance Limited, on executive agency IT systems. Federal contractors are also prohibited from using such covered applications on any IT systems owned, managed, or provided under contract to the federal government for performance, including on contractor employee-owned devices. The clause must be flowed down to subcontracts as well. Exceptions to the prohibition may be granted by contracting officers in writing.
The related federal contract opportunity is a solicitation by the General Services Administration to lease office space in Omaha, Nebraska. No other details on required space, response dates, or terms are provided in the excerpt.
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(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) MemorandumM-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of acoveredapplicationonexecutiveagencyinformationtechnology, including certain equipmentused by Federal contractors. The Contractor is prohibited from having or using acoveredapplicationon anyinformationtechnologyowned or managed by theGovernment, or on anyinformationtechnologyused or provided by the Contractorunder this contract, including equipment provided by the Contractor’s employees;however, this prohibition does not apply if theContractingOfficerprovides writtennotification to the Contractor that an exception has been granted in accordance withOMB Memorandum M-23-13.
(c)Subcontracts. The Contractorshallinsert the substance of this clause, includingthis paragraph (c), in all subcontracts, including subcontracts for theacquisitionofcommercialproductsorcommercialservices.
(End of clause) Page 1 of 1
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—
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