Federal contractors beware: the recent rule banning the TikTok app from government devices applies to all government contracts — and includes personal devices used for federal contract work. The government issued an interim rule on June 2 implementing the No TikTok on Government Devices Act, which applies to all government contracts, including those below the simplified acquisition threshold and contracts for items that are commercially available. You'll want to check right away to see if you're covered by the rule: It applies to any contract solicitations federal agencies issued on or after June 2, as well as contracts awarded before that date if performance begins after June 2. It also applies to existing federal contracts that are amended or modified after that date. Notably, this sweeping ban has several key implications for federal contractors.
What Federal Contractors Need to Know about the TikTok Ban for Government Devices: Your 5-Step Compliance Plan
Fisher Phillips | Aug 2023
Effective date: 6/2/23
Implementation date: 7/3/23
Interim rule: Prohibition on a ByteDance Covered Application
OMB Memorandum: "No TikTok on Government Devices" Implementation Guidance
Additional Law Firm Articles
Prime contractors must flow down the clause in subcontracts, but there is no current mechanism requiring prime contractors monitor compliance by subcontractors. There is no self-certification or non-compliance reporting obligation.
Navigating the Federal Contractor TikTok Ban
Jackson Lewis | Jul 2023
The ban is labeled a national security measure to safeguard government systems, reflecting Congress's ongoing initiative to restrict China's access to federal contractor supply chains. The security concerns around using TikTok, which initiated this act, emerged around 2020.
Government Bans TikTok on Contractor's Devices
Dunlap | Jul 2023
There are very limited exceptions to this clause available for law enforcement activities, national security interests and activities, and security research, as outlined in Office of Management and Budget Memorandum M-23-13.
TikTok Ban on Government Contractors' Devices
Patterson Belknap | Jul 2023
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White House Threatens Nationwide TikTok Ban
SHRM | Mar 2023
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