Subpart 4.22
Prohibition on a ByteDance Covered Application
Contractors are strictly prohibited from using or having ByteDance applications, like TikTok, on any IT used in federal contract performance, and must ensure compliance through contract clauses and device monitoring.
Overview
FAR Subpart 4.22 establishes a government-wide prohibition on the use of ByteDance covered applications, such as TikTok, on any information technology (IT) used in the performance of a federal contract. This subpart defines key terms, outlines the prohibition, and prescribes the required contract clause to ensure compliance. The regulation is designed to mitigate cybersecurity and national security risks associated with certain foreign-owned applications by preventing their presence on devices used for federal contract work.
Key Rules
- Definitions (4.2201)
- Provides definitions for terms such as "ByteDance covered application" and clarifies what constitutes covered IT and use.
- Prohibition (4.2202)
- Prohibits contractors from having or using ByteDance covered applications on any device used in the performance of a federal contract, regardless of ownership or location.
- Contract Clause (4.2203)
- Requires inclusion of a specific clause in solicitations and contracts to enforce the prohibition and ensure contractor compliance.
Responsibilities
- Contracting Officers: Must include the prescribed clause in all solicitations and contracts and ensure contractor compliance.
- Contractors: Must ensure that no ByteDance covered applications are present or used on any IT used for contract performance.
- Agencies: Oversee compliance and address violations as necessary.
Practical Implications
- This subpart exists to protect federal information and systems from potential threats posed by foreign-owned applications.
- Contractors must review and monitor all devices used for contract work to ensure prohibited applications are not installed or used.
- Noncompliance can result in contract actions, including termination or other remedies.