Overview
This section defines the scope of the prohibition on certain social media applications by clarifying what constitutes a "covered application" (specifically TikTok and ByteDance-related services) and detailing the specific types of "information technology" (IT) subject to these restrictions.
Key Rules
- Covered Application: Specifically identifies the social networking service TikTok, or any successor application or service developed or provided by ByteDance Limited (or any entity owned by ByteDance).
- Information Technology (IT) Scope: Follows the definition in 40 U.S.C. 11101(6), covering systems used for the acquisition, storage, analysis, and transmission of data by an executive agency or by a contractor under a specific government contract.
- Contractor Inclusion: IT includes contractor-owned equipment if the contract requires the use of that equipment, or if the equipment is used to a "significant extent" in the performance of a service or the furnishing of a product.
- Broad Equipment Categories: The definition encompasses computers, ancillary equipment, peripherals (imaging, storage, input/output), software, firmware, and related support services.
- Incidental Exclusion: Equipment that is acquired by a Federal contractor merely incidental to a Federal contract is explicitly excluded from this definition.
Practical Implications
- Contractors must distinguish between "incidental" devices and those used to a "significant extent" for contract performance; only the latter are subject to the TikTok ban.
- The definition places a compliance burden on contractors to ensure that any devices used to deliver contract requirements—including those used by subcontractors—are audited for covered applications.