As used in this subpart—

Covered article means any hardware, software, or service that–

           (1) Is developed or provided by a covered entity;

           (2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

           (3) Contains components using any hardware or software developed in whole or in part by a covered entity.

Covered entity means–

           (1) Kaspersky Lab;

           (2) Any successor entity to Kaspersky Lab;

           (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.

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 covered article that the Government will use on or after October 1, 2018; and

      (b) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

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 and Other Covered Entities, in all solicitations and contracts.