CYBERSECURITY & DEFENSEFAR Part 4 (Administrative and Information Matters)

FAR 52.204-27: Prohibition on a ByteDance Covered Application (TikTok Federal Ban)

Official federal procurement regulation analysis, contractor performance obligations, and risk mitigation strategies for small businesses.

REGULATORY CONTEXT

What It Means in Plain English

Official Acquisition.gov Text ↗

Strictly bans the presence or use of TikTok or any application developed or provided by ByteDance Limited on any information technology used by contractors in the performance of federal contracts, including personal devices used under BYOD policies.

Where This Clause Appears in Federal RFPs:

Included in all federal executive branch solicitations and contracts issued on or after June 2, 2023.

Mandatory Statutory Requirements

  • Universal Ban: Prohibits downloading or using TikTok/ByteDance apps on any device used to perform government work.
  • Includes BYOD Devices: Applies to employee-owned phones, laptops, and tablets if they are used to access contract emails, portals, or files.
  • Mandatory Flowdown: Must be inserted in all subcontracts at all tiers, including subcontracts for commercial products and commercial services.

Contractor Compliance Obligations

  • Implement Mobile Device Management (MDM) or Mobile Application Management (MAM) software blocking ByteDance applications on corporate and BYOD endpoints.
  • Draft and enforce an official corporate policy signed by all personnel working on government contracts forbidding TikTok.
⚠️ Audit Trap & High-Risk Pitfall

Allowing employees to check federal project emails or Slack channels on personal smartphones that have TikTok installed creates non-compliance and security audit findings.

Frequently Asked Questions About FAR 52.204-27

Does FAR 52.204-27 apply if employees use their own phones for work?

Yes. The prohibition applies to any device used in the performance of the contract, regardless of whether the device is owned by the contractor or an employee.

Related Procurement Clauses

FAR 52.219-14

Limitations on Subcontracting (The 50% Rule)

When a small business wins a set-aside contract, it cannot simply broker the deal to a large business or non-qualified subcontractor. The prime contractor (and its similarly situated small business teammates) must perform at least a specified minimum percentage of the contract value or labor cost.

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DFARS 252.204-7012

Safeguarding Covered Defense Information & Cyber Incident Reporting (CMMC / NIST 800-171)

Requires all Department of Defense contractors and subcontractors handling Covered Defense Information (CDI) or Controlled Unclassified Information (CUI) to provide 'adequate security' by implementing the 110 security controls of NIST SP 800-171, record a score in SPRS, and report cyber incidents within 72 hours.

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FAR 52.212-3

Offeror Representations and Certifications — Commercial Products and Services

Consolidates all statutory representations and certifications that contractors must make when submitting offers for commercial products or services. Offerors typically complete this annually in their SAM.gov profile.

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