Federal Acquisition Regulation; Federal Acquisition Circular 2023-04; Small Entity Compliance Guide, 36435 [2023-11757]
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Federal Register / Vol. 88, No. 106 / Friday, June 2, 2023 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
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
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Small Entity Compliance Guide
(SECG).
AGENCY:
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 https://
www.regulations.gov.
lotter on DSK11XQN23PROD with RULES4
SUMMARY:
VerDate Sep<11>2014
18:25 Jun 01, 2023
Jkt 259001
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. 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
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36435
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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]]>Agencies
[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 [www.gpo.gov]
[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).
-----------------------------------------------------------------------
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 https://www.regulations.gov.
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. 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
