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TikTok and ByteDance Prohibition Guidance

This guidance is intended to ensure that the University of Rochester community is aware of the restrictions imposed by the Federal Acquisition Regulation (FAR) clause 52.240-91 as it relates to the use of TikTok or ByteDance Limited applications. This guidance applies only to requirements under the University’s federal contracts, and does not apply to the University’s federal grants.

General compliance responsibilities for the University of Rochester community

  • Individuals are prohibited from having or using TikTok or any successor application or service by ByteDance Limited on any information technology equipment or system used under a federal contract that contains FAR clause 52.240-91, whether the information technology equipment is issued by the University or is personally owned.
  • Principal investigators who are responsible for federal contracts that contain FAR clause 52.240-91 will be required to sign a certification addressing compliance with the clause.
  • Individuals who have the TikTok application on a personally owned device (such as a computer or cell phone), and who use or intend to use such device in the performance of a federal contract that contains FAR clause 52.240-91, must immediately remove the TikTok application.
  • Individuals who perform work under a federal contract and who use a mobile device that is fully managed by the University must contact the University IT Helpdesk or (585) 275-2000) or ISD Helpdesk or (585) 275-3200), who will assist you in removing and blocking covered applications from your mobile device.
  • The University must flow down FAR clause 52.240-91to its subcontractors under an applicable federal contract.
  • Contact Joe Doyle, Research Security Officer if you have general compliance questions regarding this FAR clause, and Mark Baker, Information Security Officer – Research & Education if you have IT compliance questions.

 

Background

The U.S. Government originally issued an interim rule on June 2, 2023, titled Federal Acquisition Regulation: Prohibition on a ByteDance Covered Application” (the Interim Rule).  The prohibitions included in the Interim Rule are now included in FAR clause 52.240-91.

A “covered application” under this FAR clause “…means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.”

Frequently asked questions

Does this prohibition apply to employee owned devices that are used in performance of a federal contract?

Yes, the prohibition on covered applications on any information technology used or provided by the University under a contract includes equipment owned by University employees used in the performance of the contract.

If I have a personal device that has a covered application on it, may I continue to use it?

A personally owned device (such as a computer or cell phone) that is not used in the performance of the contract is not subject to the prohibition.

What should I do if I have a personally owned device with a covered application (such as TikTok) on it, and I use or intend to use such device in connection with a federal contract subject to this prohibition?

You are required to remove the covered application from your personal device if you will use or intend to use the device in connection with performing under a contract.  Use of the device for performance under a federal contract includes (i) the direct performance of work required under the contract (such as research activity), or (ii) performing other work in support of the federal contract, such as accessing or sending email, messaging (including on Microsoft Teams, Slack or a similar service), voice calling, or text messaging.

How do I remove the TikTok application from my personally owned device?

Instructions on how to remove the TikTok application from devices can be found here: https://tech.rochester.edu/news-item/tiktok-ban-for-any-federally-impacting-research/

Does this prohibition also apply to my federal grant(s)?

As stated above, the prohibition does not apply to federal grants at this time.

How do I know if my federal award is a contract or grant?

The majority of federal awards to the University are grants (i.e. assistance awards).  Federal contracts and subcontracts are considered procurement awards and are governed by fairly onerous requirements and numerous FAR clauses.  If you are unsure whether your federal award is a contract or a grant, contact your ORPA Research Administrator.

The University may update this guidance as additional information becomes available.

For additional compliance questions, please contact Joe Doyle and Mark Baker.