Rule2023-11757
Federal Acquisition Regulation; Federal Acquisition Circular 2023-04; Small Entity Compliance Guide
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 is issued under the joint authority of DoD, GSA, and NASA. This Small Entity Compliance Guide has been prepared in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of the rule appearing in Federal Acquisition Circular (FAC) 2023-04, which amends the Federal Acquisition Regulation (FAR). Interested parties may obtain further information regarding this rule by referring to FAC 2023-04, which precedes this document.
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]
[Page 36435]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11757]
[[Page 36435]]
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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; Small Entity Compliance Guide
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Small Entity Compliance Guide (SECG).
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SUMMARY: This document is issued under the joint authority of DoD, GSA,
and NASA. This Small Entity Compliance Guide has been prepared in
accordance with section 212 of the Small Business Regulatory
Enforcement Fairness Act of 1996. It consists of a summary of the rule
appearing in Federal Acquisition Circular (FAC) 2023-04, which amends
the Federal Acquisition Regulation (FAR). Interested parties may obtain
further information regarding this rule by referring to FAC 2023-04,
which precedes this document.
DATES: June 2, 2023.
ADDRESSES: The FAC, including the SECG, is available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: <a href="/cdn-cgi/l/email-protection#591f382b293635303a20193e2a38773e362f"><span class="__cf_email__" data-cfemail="692f081b190605000a10290e1a08470e061f">[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#4b0c180a192e2c182e280b2c382a652c243d"><span class="__cf_email__" data-cfemail="084f5b495a6d6f5b6d6b486f7b69266f677e">[email protected]</span></a>. Please cite FAC 2023-04, FAR Case
2023-010. An asterisk (*) next to a rule indicates that a regulatory
flexibility analysis has been prepared.
Rule Listed in FAC 2023-04
Subject: *Prohibition on a ByteDance Covered Application.
FAR Case: 2023-010.
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 preceding 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.
[FR Doc. 2023-11757 Filed 6-1-23; 8:45 am]
BILLING CODE 6820-EP-P
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</html>Indexed from Federal Register on June 2, 2023.
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