4.2201 Definitions
Source: FAR 4.2201 on acquisition.gov
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.
As used in this subpart—
Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.
Information technology, as defined in http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section11101(6)&num=0&edition=prelim" target="_blank">40 U.S.C. 11101(6)—
(1)Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—
(i)Of that equipment; or
(ii)Of that equipment to a significant extent in the performance of a service or the furnishing of a product;
(2)Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but
(3)Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.