Amendment 0005.pdf

DEFENSE LOGISTICS AGENCY

DLA DISTRIBUTION

5430 MIFFLIN AVENUE

NEW CUMBERLAND, PENNSYLVANIA 17070-5008

JUNE 22, 2023

AMENDMENT 0005

The purpose of this amendment is to incorporate, in full text, FAR Clause 52.204-27 Prohibition on a ByteDance Covered Application.

1. The Federal Acquisition Regulation (FAR) now includes a prohibition on the use of the social networking service TikTok or any successor application or service developed by ByteDance Ltd. or an entity by ByteDance Ltd. This prohibition applies to any information technology used in the performance of the contract, regardless of whether the device is owned by the Government, the contractor, or the contractor’s employees. Please note, this clause also flows down to subcontractors and subcontractor employees.

2. The Closing Response Date/Time remains Monday, June 26, 2023 at 3:30 PM EDT.

3. A copy of this Amendment 0005 must be included with the quote package acknowledging receipt and understanding of the FAR Clause 52.204-27.

FAR 52.204-27, Prohibition on a Bytedance Covered Application (June 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 https://www.govinfo.gov/link/uscode/40/11101 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.

(End of clause)