FAR 4.2202—Prohibition.
Plain-English Summary
FAR 4.2202 states the basic prohibition on TikTok and other covered applications in the federal contracting context. It ties together the statutory ban in section 102 of Division R of the Consolidated Appropriations Act, 2023, the No TikTok on Government Devices Act, and OMB Memorandum M-23-13, and explains that the ban is not limited to government-owned devices. The section covers the presence or use of a covered application on information technology owned or managed by the Government, as well as on information technology used or provided by a contractor under a contract, including contractor-furnished equipment and employee-owned equipment used for contract performance. It also recognizes that an exception may be granted under OMB’s implementing guidance, so the rule is a prohibition unless a valid exception applies. In practice, this section matters because contractors must control what apps are installed or used on devices that touch federal work, and contracting officers and agencies must understand that the restriction can reach contractor devices when they are used for contract performance.
Key Rules
Covered apps are prohibited
The section prohibits the presence or use of a covered application, which includes TikTok and any other app covered by the statute and OMB guidance. The ban applies regardless of whether the app is actively used or merely installed on the relevant device or system.
Applies to government IT
The prohibition applies to information technology owned or managed by the Government. Federal agencies must ensure covered applications are not present or used on government-controlled devices, systems, or equipment.
Reaches contractor IT used for performance
The prohibition also applies to information technology used or provided by the contractor under a contract. This includes contractor-furnished equipment and equipment provided by the contractor’s employees when that equipment is used to perform the contract.
Employee-owned devices can be covered
If a contractor’s employee provides or uses personal equipment in connection with contract performance, that equipment is included within the prohibition. Contractors cannot avoid the rule by relying on bring-your-own-device arrangements if the device is used for the contract.
Exceptions may be granted
The prohibition is not absolute if an exception is granted under OMB Memorandum M-23-13. Any exception must follow the implementing guidance, so contractors and agencies should not assume an informal waiver or local approval is sufficient.
Responsibilities
Agency
Ensure covered applications are not present or used on government-owned or government-managed information technology, and apply the prohibition consistently to contractor-related IT used in support of federal work. Agencies must also follow OMB guidance when considering or documenting any exception.
Contracting Officer
Understand that the prohibition can extend to contractor-provided and employee-provided equipment used under the contract, and communicate or enforce the restriction as needed in contract administration. The contracting officer should coordinate with program and IT officials when an exception is requested or when compliance issues arise.
Contractor
Prevent covered applications from being present or used on any information technology used or provided under the contract, including contractor-furnished devices and employee-owned devices used for performance. The contractor must also ensure compliance with any applicable exception process before allowing a covered application on such equipment.
Contractor Employees
Do not install, access, or use a covered application on devices or systems used to perform the contract unless an authorized exception applies. Employees must follow company and government restrictions for both government-furnished and personal devices used for federal work.
Practical Implications
Contractors should treat device controls as a compliance issue, not just an IT preference, because the rule can reach personal phones, tablets, and laptops used for contract work.
A common pitfall is assuming the ban only applies to government-furnished equipment; FAR 4.2202 expressly extends it to contractor-used or contractor-provided IT.
Another risk is allowing a covered app to remain installed even if it is not actively used; the section prohibits both presence and use.
Contractors should review remote work, BYOD, and subcontractor arrangements to make sure covered applications are not present on devices used for federal performance.
If an exception is needed, parties should follow OMB M-23-13 carefully and document the approval; informal permission is not enough.
Official Regulatory Text
(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.