Exhibit N - Prohibition on a ByteDance Covered Application.pdf
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- Attached to
- U. S. Department of Agriculture Seeks to Lease Office and Related Space in Gatesville, NC.
- Solicitation number
- 57-37073-23-FA
About this file
This document provides a contract clause prohibiting the use of ByteDance's TikTok or any successor application on executive agency information technology. The clause requires contractors to prohibit the presence or use of covered applications like TikTok on any information technology owned or managed by the government, or used by the contractor under the contract. Contractors must also flow this requirement down to any subcontractors. Non-compliance could result in termination of the contract for default or cause. The related federal contract opportunity solicits offers to lease approximately 7,500 square feet of office and related space in Gatesville, North Carolina for use by the United States Department of Agriculture under the Under Secretary for Farm Production and Conservation. Offers are due by July 15, 2023, with occupancy required no later than September 30, 2023.
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Lease Exhibit
Lessor________ Gov’t__________
52.204-27 Prohibition on a ByteDance Covered Application.
As prescribed in 4.2203(c), insert the following clause:
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 https://www.acquisition.gov/far/part-4#FAR_4_2203
52.204-27 Prohibition on a ByteDance Covered Application.
Text1:
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