4.2202 Prohibition
Source: FAR 4.2202 on acquisition.gov
Federal contractors are strictly prohibited from using or allowing covered applications like TikTok on any IT used in contract performance, unless an official exception is granted.
Overview
FAR 4.2202 establishes a government-wide prohibition on the presence or use of certain applications, specifically those covered by the No TikTok on Government Devices Act, on information technology (IT) used in federal contracts. This includes IT owned or managed by the government, as well as IT used or provided by contractors, including devices supplied by contractor employees. The prohibition is implemented through the Consolidated Appropriations Act, 2023, and OMB Memorandum M-23-13, and applies unless a specific exception is granted under the OMB guidance.
Key Rules
- Prohibition on Covered Applications
- Contractors and their employees are prohibited from having or using covered applications (such as TikTok or similar ByteDance applications) on any IT used in the performance of a federal contract, unless an exception is granted.
- Scope of Prohibition
- The rule applies to all information technology owned or managed by the government, as well as any IT used or provided by the contractor under a contract, including employee devices.
Responsibilities
- Contracting Officers: Must ensure contract compliance with the prohibition and verify that contractors are aware of and adhere to these requirements.
- Contractors: Must prevent the installation or use of covered applications on any IT used for contract performance, including employee devices, unless an exception is granted.
- Agencies: Must oversee compliance and process any exception requests in accordance with OMB guidance.
Practical Implications
- This regulation is designed to mitigate security risks associated with certain foreign-owned applications, particularly TikTok, on government-related IT systems.
- Contractors must review and update IT policies, conduct device audits, and train employees to ensure compliance.
- Non-compliance can result in contract violations, increased scrutiny, or loss of contract opportunities.
(a) Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on information technology, including certain equipment used by Federal contractors.
(b) This prohibition applies to the presence or use of a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the contractor under a contract, including equipment provided by the contractor’s employees, unless an exception is granted in accordance with OMB Memorandum M-23-13.