“No TikTok on Government Devices” OMB Implementation Guidance

Published on March 10, 2023.

On February 27, 2023, the Office of Management and Budget published M-23-13 - “No TikTok on Government Devices” Implementation Guidance. For federal contractors, M-23-13 applies to information technology (as defined in 40 U.S.C. § 11101(6)) and “reaches not only IT owned or operated by agencies, but also IT “used by a contractor under a contract with the executive agency that requires the use” of that IT, whether expressly or “to a significant extent in the performance of a service or the furnishing of a product.” Click here to access that memo.

No later than 90 days following the issuance of this memorandum, agencies shall:
-Ensure that any new contracts issued do not contain requirements that may include the use of a covered application in the performance of the contract, except in cases of approved exceptions.
-Cease use of contracts that contain requirements that may include use of a covered application in performance of the contract or modify those contracts to conform with the prohibition on covered applications, except in cases of approved exceptions.

No later than 120 days following the issuance of this memorandum, agencies shall:
-For contracts whose performance may involve use of IT by the contractor, ensure that any modification that extends the period of performance, including through exercise of an option, includes a requirement to conform with the prohibition on covered applications.
-Ensure that each agency solicitation requires conformance with the prohibition on covered applications if the solicitation meets both of the following criteria: 
  -(1) The solicitation is issued on or after the date that is 120 days after the date of this memorandum.
  -(2) A contract issued based on the solicitation may involve use of information technology by a contractor.