4.2201
Definitions
FAR 4.2201 defines key terms—especially "covered application" and "information technology"—that determine the scope of the ByteDance application prohibition in federal contracts.
Overview
FAR 4.2201 provides definitions for key terms used in Subpart 4.22, which addresses the prohibition on the use of ByteDance covered applications, such as TikTok, in federal contracting. The section clarifies what constitutes a "covered application" and provides a detailed definition of "information technology" as it applies to government contracts. These definitions are foundational for understanding the scope and applicability of the prohibition and related compliance requirements in this subpart.
Key Rules
- Covered Application
- Refers specifically to TikTok or any successor application or service developed or provided by ByteDance Limited or its subsidiaries.
- Information Technology
- Encompasses a broad range of equipment and systems used for data processing and communication, including computers, software, and related services, but excludes equipment acquired incidentally by contractors.
Responsibilities
- Contracting Officers: Must ensure that solicitations and contracts comply with the prohibition on covered applications and understand the scope of "information technology" as defined.
- Contractors: Must be aware of and comply with restrictions on the use of covered applications and understand what equipment and services are included under "information technology."
- Agencies: Responsible for oversight and ensuring compliance with the prohibition in all applicable contracts.
Practical Implications
- This section exists to provide clarity on what is prohibited and what is covered under the regulation, reducing ambiguity for compliance.
- It impacts daily contracting by requiring careful review of technology use and procurement to avoid prohibited applications.
- Common pitfalls include misunderstanding what constitutes a covered application or failing to recognize the breadth of the "information technology" definition.