Exhibit M - Prohibition Covered Application - Portland Oregon - 36C24W22R0062.pdf
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- Attached to
- OREGON - PORTLAND - CRRC - NEW REPLACING
- Solicitation number
- 36C24W22R0062
About this file
This document contains a federal contract clause prohibiting the use of covered applications on government information technology. The clause defines covered application as the social networking service TikTok or any successor application developed by ByteDance Limited. It prohibits contractors from having or using covered applications on any government-owned or managed IT, or any IT used by contractors under the contract. Contractors must include this clause in any subcontracts. The related federal contract opportunity is for a new community resource and referral center in Portland, Oregon being solicited by the Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 20 under solicitation number 36C24W22R0062.
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Initials: _____ (Lessor) ; ______ (Gov’t)
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
Exhibit M - 36C24W22R0062 - Portland CRRC, Oregon
Initials: _____ (Lessor) ; ______ (Gov’t)
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)
File details come from the government source that posted it. Updated .