Rule2023-11755
Federal Acquisition Regulation; Federal Acquisition Circular 2023-04; Introduction
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 2, 2023
Issuing agencies
Defense DepartmentGeneral Services AdministrationNational Aeronautics and Space Administration
Abstract
This document summarizes the Federal Acquisition Regulation (FAR) rule agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) in this Federal Acquisition Circular (FAC) 2023-04. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC.
Full Text
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[Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Rules and Regulations]
[Page 36430]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11755]
[[Page 36429]]
Vol. 88
Friday,
No. 106
June 2, 2023
Part IV
Department of Defense
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General Services Administration
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National Aeronautics and Space Administration
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48 CFR Chapter 1
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Federal Acquisition Regulations; Interim and Final Rules
Federal Register / Vol. 88, No. 106 / Friday, June 2, 2023 / Rules
and Regulations
[[Page 36430]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR-2023-0051, Sequence No. 3]
Federal Acquisition Regulation; Federal Acquisition Circular
2023-04; Introduction
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of an interim rule.
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SUMMARY: This document summarizes the Federal Acquisition Regulation
(FAR) rule agreed to by the Civilian Agency Acquisition Council and the
Defense Acquisition Regulations Council (Councils) in this Federal
Acquisition Circular (FAC) 2023-04. A companion document, the Small
Entity Compliance Guide (SECG), follows this FAC.
DATES: For effective dates see the separate documents, which follow.
FOR FURTHER INFORMATION CONTACT: <a href="/cdn-cgi/l/email-protection#b6f0d7c4c6d9dadfd5cff6d1c5d798d1d9c0"><span class="__cf_email__" data-cfemail="e5a38497958a898c869ca5829684cb828a93">[email protected]</span></a> or call 202-969-4075
for clarification of content. For information pertaining to status or
publication schedules, contact the Regulatory Secretariat Division at
202-501-4755 or <a href="/cdn-cgi/l/email-protection#01465240536466526462416672602f666e77"><span class="__cf_email__" data-cfemail="d790849685b2b084b2b497b0a4b6f9b0b8a1">[email protected]</span></a>. Please cite FAC 2023-04, FAR Case
2023-010.
Rule Listed in FAC 2023-04
Subject: Prohibition on a ByteDance Covered Application.
Far Case: 2023-010.
ADDRESSES: The FAC, including the SECG, is available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
SUPPLEMENTARY INFORMATION: A summary for the FAR rule follows. For the
actual revisions and/or amendments made by this FAR rule, refer to the
specific subject set forth in the document following this summary. FAC
2023-04 amends the FAR as follows:
Prohibition on a ByteDance Covered Application (FAR Case 2023-010)
This interim rule amends the Federal Acquisition Regulation to
implement the prohibition on having or using the social networking
service TikTok or any successor application or service developed or
provided by ByteDance Limited or an entity owned by ByteDance Limited
(``covered application''). The rule prohibits the presence or use of a
covered application on information technology, including certain
equipment used by Federal contractors. This prohibition applies to
devices regardless of whether the device is owned by the Government,
the contractor, or the contractor's employees (e.g., employee-owned
devices that are used as part of an employer bring your own device
(BYOD) program). A personally-owned cell phone that is not used in the
performance of the contract is not subject to the prohibition.
This rule implements 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 Memorandum M-23-13, ``No TikTok on Government Devices''
Implementation Guidance. This rule applies to all contracts, including
contracts at or below the simplified acquisition threshold, contracts
for commercial products (including commercially available off-the-shelf
items), and for commercial services. The change is not expected to have
a significant economic impact on a substantial number of small
entities. This interim rule is being implemented as a national security
measure to protect Government information and information and
communication technology systems.
Janet Fry,
Deputy Director, Office of Government-wide Acquisition Policy, Office
of Acquisition Policy, Office of Government-wide Policy, General
Services Administration.
Federal Acquisition Circular (FAC) 2023-04 is issued under the
authority of the Secretary of Defense, the Administrator of General
Services, and the Administrator of the National Aeronautics and
Space Administration.
Unless otherwise specified, all Federal Acquisition Regulation
(FAR) and other directive material contained in FAC 2023-04 is
effective June 2, 2023.
John M. Tenaglia,
Principal Director, Defense Pricing and Contracting, Department of
Defense.
Jeffrey A. Koses,
Senior Procurement Executive/Deputy CAO, Office of Acquisition
Policy, U.S. General Services Administration.
Marvin L. Home,
Deputy Assistant Administrator for Procurement, Agency Procurement
Ombudsman/Competition Advocate, National Aeronautics and Space
Administration.
[FR Doc. 2023-11755 Filed 6-1-23; 8:45 am]
BILLING CODE 6820-EP-P
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