[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  

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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: [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]
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