Attached for your information and appropriate action is OMB memorandum M-13-10, Antideficiency Act Implications of Certain Online Terms of Service Agreements. The concerns raised by the memo relate primarily to use of online social media platforms, but...
April 6, 2016
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Attached for your information and appropriate action is OMB memorandum M-13-10, Antideficiency Act Implications of Certain Online Terms of Service Agreements. The concerns raised by the memo relate primarily to use of online social media platforms, but can also apply to newer total solution offerings such as cloud computing. DOE Program offices should be aware of the issues related to Terms of Service Agreements and ensure that all agreements are consistent with federal law and regulations. DOE Contracting Officers should ensure that their local General Counsel reviews terms of service for all software contracts and online applications. A rulemaking is being developed to formally implement this policy in the Federal Acquisition Regulation.