As part of the Consolidated Appropriations Act, 2023, President Biden signed the No TikTok on Government Devices Act, prohibiting the use of TikTok on devices owned by the federal government. Following this ban, on June 2, 2023, the Federal Acquisition Regulations (FAR) was amended to implement the prohibition and expanded the prohibition to “contractors” and their employees. To meet the requirements of this interim contract clause, OVPR, working with various stakeholders, developed the guidance document “FAR: Prohibition on a ByteDance Covered Applications”, and the accompanying Attestation Form required for compliance. Compliance is only required if the clause is included in the contract.

SPA will be responsible for confirming the presence of the clause in an incoming contract and, if inclusion of the clause is confirmed, SPA will alert project personnel of the steps needed for compliance. In March 2024, the United States House of Representatives passed H.R. 7521, which, if passed by the U.S. Senate, would effectively ban TikTok unless ByteDance divests itself from TikTok. With the heightened focus on TikTok by the Federal Government, OVPR will be issuing additional guidance regarding collaborations with TikTok in near future.