As used in this subpart—
Kaspersky Lab covered article means any hardware, software, or service that—
(1) Is developed or provided by a Kaspersky Lab covered entity;
(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab covered entity; or
(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab covered entity.
Kaspersky Lab covered entity means—
(1) Kaspersky Lab;
(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;
(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or
(4) Any entity of which Kaspersky Lab has a majority ownership.
[88 FR 69510, Oct. 5, 2023]
Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use on or after October 1, 2018, of any hardware, software, or services developed or provided, in whole or in part, by a covered entity. Contractors are prohibited from—
(a) Providing any Kaspersky Lab covered article that the Government will use on or after October 1, 2018; and
(b) Using any Kaspersky Lab covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.
[83 FR 28143, June 15, 2018, as amended at 88 FR 69510, Oct. 5, 2023]
When a contractor provides notification pursuant to 52.204-23, follow agency procedures.
The contracting officer shall insert the clause at 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities, in all solicitations and contracts.
[83 FR 28143, June 15, 2018, as amended at 88 FR 69510, Oct. 5, 2023]