The “No TikTok on Government Devices Act”—which Congress passed in December as part of the omnibus spending bill—has compliance implications for federal contractors. A few weeks ago, the Federal Acquisition Regulatory (FAR) Council published an Interim Rule to implement the new law. The interim rule requires federal contracting agencies to insert into new contracts a clause prohibiting the contractor from having or using TikTok on any covered information technology used under the contract. This includes equipment provided by the contractor and by the contractor’s employees and could include a company-owned smart phone or even an employee’s personal device if it is used to perform work under the contract. The government has provided little guidance so far on the Act’s scope or contractors’ compliance obligations, but this memorandum summarizes the compliance guidance already issued and poses questions for contractors to consider as they design their compliance plans.
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