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Acquisition Policy Flash! 23-14

What's New?

Publication of Federal Acquisition Circular (FAC) 2023-04

Purpose: FAC 2023-04 was published in the Federal Register on June 2, 2023. It included one interim rule, summarized below.

FAR parts impacted: FAR 4, 52.

Effective Date: June 2, 2023.

Background: The following applicable FAR interim rule is summarized:

  • FAR Case 2023-010, Prohibition on a ByteDance Covered Application. This interim rule amends 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 (“covered application”). The rule prohibits the presence or use of a covered application on information technology, including certain equipment used by Federal contractors, and issues new and revised FAR clauses. See 88 FR 36430 (PDF, 5 pages) for complete summary of changes.
  • Impact to VA Acquisition Workforce/Action required/Applicability: Note that clause updates will be made to eCMS/AAMS and iFAMS, however, contracting officers shall ensure inclusion of the applicable clause. There are no changes to the VAAR. 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.

Additional Information: Direct any questions to the Office of Acquisition and Logistics (003A), Procurement Policy and Warrant Management Service (003A2A) at va.procurement.policy@va.gov.