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FAR issues TikTok ban for federal contractors

August 2023 federal employment law insider
Authors: 

H. Juanita Beecher, FortneyScott

On June 2, 2023, the Federal Acquisition Regulation (FAR) Council published an interim rule in the Federal Register implementing the No TikTok on Government Devices Act addressed in the Office of Management and Budget (OMB) Memo N-23-13. The interim rule prohibits the use of TikTok or other applications by ByteDance on contractors’ information technology, including employee-used devices that are part of a contractor’s bring-your-own-device (BYOD) program used in the performance of government contracts.

To ensure compliance with TikTok ban, contractors should:

  • Review contracts, bids, solicitations, and modifications to determine where the ban is already in effect;
  • Determine whether any policies and procedures on contractors’ information technology—especially BYOD programs—need to be revised based on the ban;
  • Block TikTok on all company-issued devices including those issued to employees; and
  • Notify all employees who use their own devices for work of whether the ban applies to them.

The interim rule was effective immediately, and contracting officers are required to include the new clause at FAR 52.204-27 in new solicitations, awards, modifications, and extensions even though public comments are still being solicited through August 2, 2023.

OFCCP publishes statement on technical issues with contractor portal

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