Atch 4 Prohibition on a ByteDance Covered Application (Jun 2023).pdf
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- Solicitation number
- FA8650-21-S-9307
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This document contains an Advanced Research Announcement and two Calls for Proposals from the Department of the Air Force Materiel Command Research Laboratory. The REGAL program will explore using commercially-advertised rocket launch systems for rapid point-to-point space transportation of Department of Defense cargo anywhere in the world in under one hour, through potential service contracts. Call 001 seeks proposals for point-to-point transportation capability and operational demonstrations, while Call 002 focuses on point-to-point rocket demonstrations. No funding will support rocket system development. The ARA does not solicit proposals but future Calls may be issued before the closing date of 1 July 2027.
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Prohibition on a ByteDance Covered Application (Jun 2023)
(a) Definitions. As used in this article—
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 an awardee under an award 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 awardee incidental to a Federal award.
(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 awardee(s). The Awardee 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 Awardee under this award, including equipment provided by the Awardee’s employees; however, this prohibition does not apply if the Grants Office/Agreements Officer provides written notification to the Awardee that an exception has been granted in accordance with OMB Memorandum M-23-13.
(c) Subcontracts/Subrecipients. The Awardee shall insert the substance of this article, including this paragraph (c), in all subawards, including subawards for the acquisition of commercial products or commercial services.
(End of article)
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