FAR 52.204-27, Prohibition on a ByteDance Covered Application
On June 2, 2023, the FAR Council issued an interim rule with immediate effect that implements guidance under OMB Memorandum M-23-13, “No TikTok on Government Devices.” The rule revises the FAR to implement the prohibition on having or using TikTok or any successor application or service developed or provided by ByteDance Limited or any entity owned by ByteDance Limited. The interim rule, including the new contract clause, can be read in full here. The rule states that downloading, accessing, or using the TikTok app (owned by ByteDance) is prohibited on “information technology owned or managed by the US Government, or any information technology used or provided by the Contractor under this contract, including equipment provided by the contractor’s employees.”
Therefore, implementers should require that TikTok not be downloaded, accessed, or used on any phone or other technological device (e.g., tablets, computers) that are used directly or indirectly for the performance of any government contract, including implementers’ subcontractors.
In order to comply with the FAR regulation:
o Employees are not permitted to access BOTH work applications AND TikTok (either via the application or the internet) on their personal devices. Should employees choose to retain work applications on their personal devices, or wish to access work applications via the internet, employees must delete TikTok immediately if present and are prohibited from downloading the app or accessing the site from those personal devices in the future.
o Alternatively, should employees wish to retain the TikTok application or access on their personal device, they must delete work applications immediately and are prohibited from downloading those applications or accessing via the internet so long as TikTok remains present on the device.