Federal Acquisition Regulation; Federal Acquisition Circular 2023-04; Introduction, 36430 [2023-11755]
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36430
Federal Register / Vol. 88, No. 106 / Friday, June 2, 2023 / Rules and Regulations
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
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Summary presentation of an
interim rule.
AGENCY:
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:
Farpolicy@gsa.gov 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 GSARegSec@gsa.gov.
Please cite FAC 2023–04, FAR Case
2023–010.
SUMMARY:
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 https://
www.regulations.gov.
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:
lotter on DSK11XQN23PROD with RULES4
SUPPLEMENTARY INFORMATION:
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
VerDate Sep<11>2014
18:25 Jun 01, 2023
Jkt 259001
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,
PO 00000
Frm 00002
Fmt 4701
Sfmt 4700
National Aeronautics and Space
Administration.
[FR Doc. 2023–11755 Filed 6–1–23; 8:45 am]
BILLING CODE 6820–EP–P
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
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Interim rule.
AGENCY:
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:
• Contracting officers shall include
the clause at FAR 52.204–27,
Prohibition on a ByteDance Covered
Application—
Æ In solicitations issued on or after
June 2, 2023; and
Æ 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.
• 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.
• 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
SUMMARY:
E:\FR\FM\02JNR4.SGM
02JNR4
]]>Agencies
[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 [www.gpo.gov]
[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.
-----------------------------------------------------------------------
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: [email protected] 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 [email protected]. 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 https://www.regulations.gov.
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
