FAR 4.2203—Contract clause.
Plain-English Summary
FAR 4.2203 is a simple but mandatory contract-clause prescription tied to the federal government’s restrictions on ByteDance covered applications, including TikTok and related applications identified by the government. This section tells contracting officers when they must insert FAR clause 52.204-27, Prohibition on a ByteDance Covered Application, into solicitations and contracts, and it also points to the only stated relief from that requirement: an exception granted under OMB Memorandum M-23-13. In practice, the rule is about ensuring the government’s cybersecurity, data protection, and supply-chain risk policies are reflected in procurement documents from the outset. It matters because the clause creates enforceable contractual obligations and notice to offerors and contractors that use of covered applications may be restricted or prohibited in connection with federal work. For contractors, this means they must review solicitation and contract terms carefully and ensure their internal IT, communications, and device-use practices do not conflict with the clause or any approved exception. For contracting officers, it means the clause is not optional unless a valid exception exists, and the exception must be grounded in the OMB memorandum rather than informal judgment.
Key Rules
Insert the clause
The contracting officer must include FAR 52.204-27 in all solicitations and contracts. This is a mandatory prescription, not a discretionary one, whenever the rule applies.
Exception only by OMB
The only stated basis for omitting the clause is an exception granted under OMB Memorandum M-23-13. A contracting officer cannot waive the clause on their own authority.
Applies broadly
The requirement covers both solicitations and contracts, so the clause must be present at the solicitation stage and carried into the resulting contract as applicable.
Contractual enforceability
By inserting the clause, the government makes the prohibition part of the contract terms. Contractors are then on notice that compliance is a contractual obligation, not just a policy preference.
Policy implementation
This section implements federal restrictions on ByteDance covered applications in procurement documents. Its practical purpose is to align contracting actions with government-wide cybersecurity and data-risk controls.
Responsibilities
Contracting Officer
Insert FAR 52.204-27 in all solicitations and contracts unless an exception has been granted under OMB Memorandum M-23-13. Verify whether an approved exception exists before omitting the clause.
Contractor/Offeror
Review the solicitation and contract for the clause and ensure proposed and actual performance practices comply with the prohibition. If an exception is relevant, understand its scope and any conditions that apply.
Agency
Maintain procurement policies and internal controls that support consistent use of the clause and proper handling of any OMB-approved exceptions.
OMB
Issue and administer the memorandum-based exception framework referenced by the FAR, including any conditions or approvals that permit deviation from the default clause requirement.
Practical Implications
Contracting officers should treat the clause as a standard inclusion item and confirm it is in the solicitation package before release.
A common pitfall is assuming the clause can be omitted based on local preference or mission need; the FAR text allows omission only when an OMB M-23-13 exception exists.
Contractors should check whether their devices, apps, or communications tools used for contract performance could implicate the ByteDance prohibition.
Because the rule applies to both solicitations and contracts, missing the clause early can create downstream compliance and award-documentation problems.
If an exception is claimed, the file should clearly document the basis and scope of that exception to avoid audit or protest issues.
Official Regulatory Text
The contracting officer shall insert the clause at 52.204-27 , Prohibition on a ByteDance Covered Application, in all solicitations and contracts, unless an exception is granted in accordance with OMB Memorandum M-23-13.