4.2203
Contract clause
All federal contracts must include a clause prohibiting ByteDance applications (like TikTok) on IT used for contract performance, unless a specific exception is granted.
Overview
FAR 4.2203 requires contracting officers to include the clause at 52.204-27, "Prohibition on a ByteDance Covered Application," in all solicitations and contracts unless an exception is specifically granted under OMB Memorandum M-23-13. This clause prohibits the presence or use of ByteDance covered applications (such as TikTok) on information technology used in the performance of a federal contract. The regulation is part of broader efforts to mitigate cybersecurity and national security risks associated with certain foreign-owned applications.
Key Rules
- Mandatory Clause Inclusion
- Contracting officers must insert FAR 52.204-27 in all solicitations and contracts.
- Exception Process
- Exceptions are only allowed if granted in accordance with OMB Memorandum M-23-13.
Responsibilities
- Contracting Officers: Ensure the clause is included in every solicitation and contract unless a documented exception applies.
- Contractors: Must comply with the prohibition on ByteDance covered applications as specified in the clause.
- Agencies: Oversee compliance and manage exception requests per OMB guidance.
Practical Implications
- This rule exists to address security concerns related to ByteDance applications on government IT systems.
- Contractors must ensure their devices and systems used for contract performance do not have prohibited applications installed.
- Failure to comply can result in contractual remedies or penalties, making awareness and enforcement critical for both contracting officers and contractors.