Rule2023-11756
Federal Acquisition Regulation: Prohibition on a ByteDance Covered Application
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
Effective
June 2, 2023
Issuing agencies
Defense DepartmentGeneral Services AdministrationNational Aeronautics and Space Administration
Abstract
DoD, GSA, and NASA are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to implement a section of the Consolidated Appropriations Act, 2023, and its implementing guidance.
Full Text
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<title>Federal Register, Volume 88 Issue 106 (Friday, June 2, 2023)</title>
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[Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Rules and Regulations]
[Pages 36430-36434]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11756]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 4, 13, 39 and 52
[FAC 2023-04; FAR Case 2023-010; Docket No. 2023-0010, Sequence No. 1]
RIN 9000-AO58
Federal Acquisition Regulation: Prohibition on a ByteDance
Covered Application
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Interim rule.
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SUMMARY: DoD, GSA, and NASA are issuing an interim rule amending the
Federal Acquisition Regulation (FAR) to implement a section of the
Consolidated Appropriations Act, 2023, and its implementing guidance.
DATES: Effective June 2, 2023.
Applicability:
<bullet> Contracting officers shall include the clause at FAR
52.204-27, Prohibition on a ByteDance Covered Application--
[cir] In solicitations issued on or after June 2, 2023; and
[cir] In solicitations issued before the effective date, provided
award of the resulting contract(s) occurs on or after the effective
date. The amendment of the solicitation must be accomplished by July 3,
2023.
<bullet> For existing indefinite-delivery contracts only,
contracting officers shall modify them, in accordance with FAR
1.108(d)(3), to include the FAR clause at 52.204-27, Prohibition on a
ByteDance Covered Application, by July 3, 2023, to apply to future
orders.
<bullet> If exercising an option or modifying an existing contract
or task or delivery order to extend the period of performance,
contracting officers shall include the clause. When exercising an
option, agencies should consider modifying the existing contract to add
the clause in a sufficient amount of time before exercising the option
and to provide contractors with adequate time to comply with the
clause.
Agencies whose mission or operational posture prevents
[[Page 36431]]
compliance with the timelines above must notify the Federal Chief
Information Officer by sending a message to <a href="/cdn-cgi/l/email-protection#b0dfd6d3d9dff0dfddd29ed5dfc09ed7dfc6"><span class="__cf_email__" data-cfemail="dfb0b9bcb6b09fb0b2bdf1bab0aff1b8b0a9">[email protected]</span></a> prior to
July 3, 2023.
Comment Date: Interested parties should submit written comments to
the Regulatory Secretariat Division at the address shown below on or
before August 1, 2023 to be considered in the formation of the final
rule.
ADDRESSES: Submit comments in response to FAC 2023-04, FAR Case 2023-
010 to the Federal eRulemaking portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for ``FAR Case 2023-010''. Select the link ``Comment Now''
that corresponds with ``FAR Case 2023-010''. Follow the instructions
provided on the ``Comment Now'' screen. Please include your name,
company name (if any), and ``FAR Case 2023-010'' on your attached
document. If your comment cannot be submitted using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the points of contact in the FOR
FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
Instructions: Please submit comments only and cite ``FAR Case 2023-
010'' in all correspondence related to this case. Comments received
generally will be posted without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>,
including any personal and/or business confidential information
provided. Public comments may be submitted as an individual, as an
organization, or anonymously (see frequently asked questions at <a href="https://www.regulations.gov/faq">https://www.regulations.gov/faq</a>). To confirm receipt of your comment(s),
please check <a href="https://www.regulations.gov">https://www.regulations.gov</a>, approximately two to three
days after submission to verify posting.
FOR FURTHER INFORMATION CONTACT: <a href="/cdn-cgi/l/email-protection#1a5c7b686a75767379635a7d697b347d756c"><span class="__cf_email__" data-cfemail="52143320223d3e3b312b123521337c353d24">[email protected]</span></a> or call 202-969-
4075. Please cite FAR Case 2023-010. For information pertaining to
status, publication schedules, or alternate instructions for submitting
comments if <a href="https://www.regulations.gov">https://www.regulations.gov</a> cannot be used, contact the
Regulatory Secretariat Division at 202-501-4755 or <a href="/cdn-cgi/l/email-protection#edaabeacbf888abe888ead8a9e8cc38a829b"><span class="__cf_email__" data-cfemail="a6e1f5e7f4c3c1f5c3c5e6c1d5c788c1c9d0">[email protected]</span></a>.
Please cite FAC 2023-04, FAR Case 2023-010.
SUPPLEMENTARY INFORMATION:
I. Background
This interim 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 OMB
Memorandum M-23-13, dated February 27, 2023, ``No TikTok on Government
Devices'' Implementation Guidance. The rule revises the FAR 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''). This prohibition applies to the presence or
use of any covered application on any information technology owned or
managed by the Government, or on any information technology used or
provided by the contractor under a contract, including equipment
provided by the contractor's employees, unless an exception is granted
in accordance with Office of Management and Budget (OMB) Memorandum M-
23-13.
TikTok is a software application owned and operated by ByteDance
Limited, a privately held company headquartered in Beijing, China. The
Consolidated Appropriations Act, 2023, enacted the No TikTok on
Government Devices Act, which instructs the Director of OMB, in
consultation with the Administrator of General Services, the Director
of the Cybersecurity and Infrastructure Security Agency, the Director
of National Intelligence, and the Secretary of Defense, to develop
standards and guidelines for agencies requiring the removal of TikTok
from Federal information technology.
OMB Memorandum M-23-13 fulfills the requirement of section 102 of
Division R of Public Law 117-328 by directing agencies to remove any
covered application (``TikTok'') from Federal devices and providing
instructions and deadlines for that removal.
II. Discussion and Analysis
This rule amends FAR part 4, adding a new subpart 4.22, Prohibition
on a ByteDance Covered Application, with a corresponding new contract
clause at 52.204-27, Prohibition on a ByteDance Covered Application.
This rule uses the statutory definition of ``information
technology'' because Public Law 117-328 does so. This is different from
the FAR definition of ``information technology'' at 2.101, which
excludes imbedded information technology.
This rule adds text in subpart 13.2, Actions at or Below the Micro-
Purchase Threshold, to address the prohibition with regard to micro-
purchases.
This rule adds a cross-reference in part 39, Acquisition of
Information Technology, to call the attention of contracting officers
to the new prohibition.
The FAR clause at 52.204-27 prohibits contractors 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 a contract, including equipment
provided by the contractor's employees.
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.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold (SAT) and for Commercial Products (Including Commercially
Available Off-the-Shelf (COTS) Items), or for Commercial Services
This rule adds a new clause at FAR 52.204-27, Prohibition on a
ByteDance Covered Application, to implement the requirements of section
102 of Division R of Public Law 117-328, and its implementing guidance
under OMB Memorandum M-23-13. The clause is prescribed at FAR 4.2203
for use in solicitations and contracts unless an exception is granted
in accordance with OMB Memorandum M-23-13.
A. Applicability to Contracts at or Below the Simplified Acquisition
Threshold
41 U.S.C. 1905 governs the applicability of laws to acquisitions at
or below the SAT. Section 1905 generally limits the applicability of
new laws when agencies are making acquisitions at or below the SAT, but
provides that such acquisitions will not be exempt from a provision of
law under certain circumstances, including when the Federal Acquisition
Regulatory Council (FAR Council) makes a written determination and
finding that it would not be in the best interest of the Federal
Government to exempt contracts and subcontracts in amounts not greater
than the SAT from the provision of law. The FAR Council has made a
determination to apply this statute to acquisitions at or below the
SAT.
B. Applicability to Contracts for the Acquisition of Commercial
Products and Commercial Services, Including Commercially Available Off-
the-Shelf (COTS) Items
41 U.S.C. 1906 governs the applicability of laws to contracts for
the acquisition of commercial products and commercial services and is
intended to limit the applicability of laws to
[[Page 36432]]
contracts for the acquisition of commercial products and commercial
services. Section 1906 provides that if the FAR Council makes a written
determination that it is not in the best interest of the Federal
Government to exempt commercial contracts, the provision of law will
apply to contracts for the acquisition of commercial products and
commercial services.
41 U.S.C. 1907 states that acquisitions of COTS items will be
exempt from certain provisions of law unless the Administrator for
Federal Procurement Policy makes a written determination and finds that
it would not be in the best interest of the Federal Government to
exempt contracts for the procurement of COTS items.
The FAR Council has made a determination to apply this statute to
acquisitions for commercial products and commercial services. The
Administrator for Federal Procurement Policy has made a determination
to apply this statute to acquisitions for COTS items.
C. Determinations
The FAR Council has determined that it is in the best interest of
the Government to apply the rule to contracts at or below the SAT and
for the acquisition of commercial products and commercial services. The
Administrator for Federal Procurement Policy has determined that it is
in the best interest of the Government to apply this rule to contracts
for the acquisition of COTS items.
While the law does not specifically address acquisitions of
commercial products and commercial services, including COTS items,
there is an unacceptable level of risk for the Government in allowing
the presence or use of a covered application on information technology,
including certain equipment used by Federal contractors. This level of
risk is not alleviated by the fact that the service or product being
acquired has been sold or offered for sale to the general public,
either in the same form or a modified form as sold to the Government
(i.e., that it is a commercial product or COTS item), nor by the small
size of the purchase (i.e., at or below the SAT). As a result, agencies
may face increased risk of exposure if the presence or use of a covered
application is allowed on a contract for commercial services or
commercial products (including COTS items). The prohibition on having
or using a covered application on information technology, including
certain equipment used by Federal contractors, is a national security
measure to protect Government information and information and
communication technology systems.
IV. Expected Impact of the Rule
This rule is not expected to have a significant economic impact on
businesses. The changes made in this rule are less complex than other
prohibitions that have been incorporated into the FAR, such as the
prohibition on contracting for certain telecommunications and video
surveillance services or equipment, which requires reviewing a
contractor's supply chain to uncover any prohibited equipment or
services. See FAR clause 52.204-25, Prohibition on Contracting for
Certain Telecommunications and Video Surveillance Services or
Equipment. The changes made by this rule do not require a contractor to
review its supply chain. Additionally, there is no reporting
requirement by a contractor such as those required by 52.204-25, and by
FAR clause 52.204-23, Prohibition on Contracting for Hardware,
Software, and Services Developed or Provided by Kaspersky Lab and Other
Covered Entities. The changes made by this rule do require contractors
to leverage existing technology, policies, and procedures already in
place and update those to prohibit the presence or use of a covered
application or the URLs associated with a covered application on
devices used by a contractor under a contract with the Government. It
is expected that contractors already have technology in place to block
access to unwanted or nefarious websites, prevent the download of
prohibited applications (apps) to devices, and remove a downloaded app.
Additionally, it is expected that contractors already have policies in
place for employees to follow for workplace technology. It is
recognized that these policies will need to be updated to include the
prohibition on having or using a covered application, and that
implementation of the prohibition may also require employee
communications or training on this new requirement. It will be
particularly important for contractors to clearly explain to their
employees when a covered application is prohibited on a personal device
used in performance of a Federal contract.
The efforts required by a contractor to update its technology and
policies to implement the prohibition on having or using TikTok will be
limited to an initial review of technology and policies for TikTok or
any successor application or service and will only require review of
policies periodically thereafter. This is also quite different from
prohibitions that require frequent reviews of the supply chain.
V. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is a significant regulatory action and, therefore, was subject to
review under Section 6(b) of E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993.
VI. Congressional Review Act
The Congressional Review Act (5 U.S.C. 801-808) requires interim
and final rules to be submitted to Congress before the rule takes
effect. DoD, GSA, and NASA will send this rule to each House of the
Congress and to the Comptroller General of the United States. The
Office of Information and Regulatory Affairs (OIRA) in the Office of
Management and Budget has determined that this is not a major rule
under 5 U.S.C. 804.
VII. Regulatory Flexibility Act
DoD, GSA, and NASA do not expect this rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601-612, because of
the reasons discussed in section IV of this preamble. However, an
Initial Regulatory Flexibility Analysis (IRFA) has been performed and
is summarized as follows:
DoD, GSA, and NASA are amending the FAR 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 agency information technology, including certain
equipment used by Federal contractors.
This interim rule is being implemented as a national security
measure to protect Government information and information and
communication technology systems. The legal basis for the rule is
section 102 of Division R of the Consolidated Appropriations Act,
2023 (Pub. L. 117-328), and its implementing guidance under OMB
Memorandum M-23-13, which collectively prohibit the presence or use
of a covered application on information technology, including
certain equipment used by Federal
[[Page 36433]]
contractors. Promulgation of the FAR is authorized by 40 U.S.C.
121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy
provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113.
This rule applies to small and other than small businesses.
Based on data obtained from the Federal Procurement Data System,
116,133 unique entities (including 76,206 small businesses) were
awarded contracts in FY 2022. DoD, GSA, and NASA do not have data as
to how many subcontracts are awarded to small businesses.
The proposed rule does not include any reporting or record
keeping requirements.
The rule does not duplicate, overlap, or conflict with any other
Federal rules.
There are no available alternatives to the interim rule to
accomplish the desired objective of the statute. Because of the
nature of the prohibition enacted by section 102 of Division R of
Public Law 117-328, it is not possible to exempt small entities from
coverage of the rule.
The Regulatory Secretariat Division has submitted a copy of the
IRFA to the Chief Counsel for Advocacy of the Small Business
Administration. A copy of the IRFA may be obtained from the Regulatory
Secretariat Division. DoD, GSA, and NASA invite comments from small
business concerns and other interested parties on the expected impact
of this rule on small entities.
DoD, GSA, and NASA will also consider comments from small entities
concerning the existing regulations in subparts affected by the rule in
accordance with 5 U.S.C. 610. Interested parties must submit such
comments separately and should cite 5 U.S.C. 610 (FAR Case 2023-010),
in correspondence.
VIII. Paperwork Reduction Act
This rule does not contain any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. 3501-3521).
IX. Determination To Issue an Immediately Effective Interim Rule
A determination has been made under the authority of the Secretary
of Defense, the Administrator of General Services, and the
Administrator of the National Aeronautics and Space Administration that
urgent and compelling reasons exist to promulgate this interim rule
effective immediately without prior opportunity for public comment.
This action is necessary because section 102 of Division R of Public
Law 117-328 and its implementing guidance under OMB Memorandum M-23-13
require agencies to comply with the prohibition on a covered
application in contracts no later than 120 days after the effective
date of the Memorandum. This interim rule is being implemented as a
national security measure to protect Government information and
information and communication technology systems. Issuing an interim
rule facilitates uniformity and consistency across Government, allows
agencies to prepare for the implementation of the requirements of OMB
Memorandum M-23-13, limits the chance of incorrect implementation,
prevents the need for contracting officers to have to relearn or change
procedures if agency-specific guidance differs from the FAR
implementation, and aids industry with compliance. However, pursuant to
41 U.S.C. 1707 and FAR 1.501-3(b), the Department of Defense, General
Services Administration, and National Aeronautics and Space
Administration will consider public comments received in response to
this interim rule in the formation of the final rule.
List of Subjects in 48 CFR Parts 4, 13, 39, and 52
Government procurement.
Janet Fry,
Deputy Director, Office of Government-wide Acquisition Policy, Office
of Acquisition Policy, Office of Government-wide Policy, General
Services Administration.
Therefore, DoD, GSA, and NASA amend 48 CFR parts 4, 13, 39, and 52
as set forth below:
0
1. The authority citation for 48 CFR parts 4, 13, 39, and 52 continues
to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C.
chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C.
20113.
PART 4--ADMINISTRATIVE AND INFORMATION MATTERS
0
2. Add subpart 4.22 to read as follows:
Subpart 4.22--Prohibition on a ByteDance Covered Application
Sec.
4.2201 Definitions.
4.2202 Prohibition.
4.2203 Contract clause.
Subpart 4.22--Prohibition on a ByteDance Covered Application
4.2201 Definitions.
As used in this subpart--
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.
4.2202 Prohibition.
(a) 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 information technology,
including certain equipment used by Federal contractors.
(b) This prohibition applies to the presence or use of 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 a contract, including equipment provided by the
contractor's employees, unless an exception is granted in accordance
with OMB Memorandum M-23-13.
4.2203 Contract clause.
The contracting officer shall insert the clause at 52.204-27,
Prohibition on a ByteDance Covered Application, in all solicitations
and contracts, unless an exception is granted in accordance with OMB
Memorandum M-23-13.
PART 13--SIMPLIFIED ACQUISITION PROCEDURES
0
3. Amend section 13.201 by adding paragraph (k) to read as follows:
[[Page 36434]]
13.201 General.
* * * * *
(k) The prohibition in subpart 4.22 on use of a covered application
(``TikTok'') applies to purchases at or below the micro-purchase
threshold where the performance of the contract may require the
presence or use of a covered application, (e.g., where social media
advertising services might be part of the procurement), unless an
exception is granted in accordance with Office of Management and Budget
Memorandum M-23-13 (see 4.2202).
PART 39--ACQUISITION OF INFORMATION TECHNOLOGY
0
4. Amend section 39.101 by adding paragraph (g) to read as follows:
39.101 Policy.
* * * * *
(g) See the prohibition in 4.2202 on the presence or use of a
covered application (``TikTok'').
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
5. Add section 52.204-27 to read as follows:
52.204-27 Prohibition on a ByteDance Covered Application.
As prescribed in 4.2203, insert the following clause:
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 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)
0
6. Amend section 52.212-5 by--
0
a. Revising the date of the clause;
0
b. Redesignating paragraphs (b)(8) through (63) as paragraphs (b)(9)
through (64);
0
c. Adding a new paragraph (b)(8);
0
d. Redesignating paragraphs (e)(1)(v) through (xxiii) as paragraphs
(e)(1)(vi) through (xxiv);
0
e. Adding a new paragraph (e)(1)(v);
0
f. In Alternate II:
0
i. Revising the date of the Alternate;
0
ii. Redesignating paragraphs (e)(1)(ii)(E) through (V) as paragraphs
(e)(1)(ii)(F) through (W); and
0
iii. Adding a new paragraph (e)(1)(ii)(E).
The revisions and additions read as follows:
52.212-5 Contract Terms and Conditions Required To Implement Statutes
or Executive Orders--Commercial Products and Commercial Services.
* * * * *
Contract Terms and Conditions Required To Implement Statutes or
Executive Orders--Commercial Products and Commercial Services (June
2023)
* * * * *
(b) * * *
(8) 52.204-27, Prohibition on a ByteDance Covered Application
(June 2023) (Section 102 of Division R of Pub. L. 117-328).
* * * * *
(e)(1) * * *
(v) 52.204-27, Prohibition on a ByteDance Covered Application
(June 2023) (Section 102 of Division R of Pub. L. 117-328).
* * * * *
Alternate II (June 2023). * * *
* * * * *
(e)(1) * * *
(ii) * * *
(E) 52.204-27, Prohibition on a ByteDance Covered Application
(June 2023) (Section 102 of Division R of Pub. L. 117-328).
* * * * *
0
7. Amend section 52.213-4 by--
0
a. Revising the date of the clause;
0
b. Redesignating paragraphs (a)(1)(iv) through (x) as paragraphs
(a)(1)(v) through (xi);
0
c. Adding a new paragraph (a)(1)(iv); and
0
d. Removing from paragraph (a)(2)(vii) ``(MAR 2023)'' and adding
``([June 2023])'' in its place.
The revision and addition read as follows:
52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than
Commercial Products and Commercial Services).
* * * * *
Terms and Conditions--Simplified Acquisitions (Other Than Commercial
Products and Commercial Services) (June 2023)
(a) * * *
(1) * * *
(iv) 52.204-27, Prohibition on a ByteDance Covered Application
(June 2023) (Section 102 of Division R of Pub. L. 117-328), unless the
agency grants an exception--see paragraph (b) of 52.204-27.
* * * * *
0
8. Amend section 52.244-6 by--
0
a. Revising the date of the clause;
0
b. Redesignating paragraphs (c)(1)(vii) through (xx) as paragraphs
(c)(1)(viii) through (xxi); and
0
c. Adding a new paragraph (c)(1)(vii).
The revision and addition read as follows:
52.244-6 Subcontracts for Commercial Products and Commercial Services.
* * * * *
Subcontracts for Commercial Products and Commercial Services (June
2023)
* * * * *
(c)(1) * * *
(vii) 52.204-27, Prohibition on a ByteDance Covered Application
(June 2023) (Section 102 of Division R of Pub. L. 117-328).
* * * * *
[FR Doc. 2023-11756 Filed 6-1-23; 8:45 am]
BILLING CODE 6820-EP-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on June 2, 2023.
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