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Update incorrect quote marks on sb37. (#622)
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john-labbate authored Jul 8, 2024
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## Introduction

This Smart Bulletin is effective upon issuance and provides operational guidance primarily focused on micro-purchasing in relation to the requirements of [Public Law 117-328](https://www.congress.gov/bill/117th-congress/house-bill/2617/text) Division R, the “No TikTok on Government Devices Act” of the Consolidated Appropriations Act of 2023, [OMB Memo M-23-13[PDF, 4 pages]](https://www.whitehouse.gov/wp-content/uploads/2023/02/M-23-13-No-TikTok-on-Government-Devices-Implementation-Guidance_final.pdf), No TikTok on Government Devices Implementation Guidance,” and Federal Acquisition Circular (FAC) 2023-04, Federal Acquisition Regulation (FAR) Case 2023-010, subject: “Prohibition on a ByteDance Covered Application.”
This Smart Bulletin is effective upon issuance and provides operational guidance primarily focused on micro-purchasing in relation to the requirements of [Public Law 117-328](https://www.congress.gov/bill/117th-congress/house-bill/2617/text) Division R, the “No TikTok on Government Devices Act” of the Consolidated Appropriations Act of 2023, [OMB Memo M-23-13[PDF, 4 pages]](https://www.whitehouse.gov/wp-content/uploads/2023/02/M-23-13-No-TikTok-on-Government-Devices-Implementation-Guidance_final.pdf), No TikTok on Government Devices Implementation Guidance,” and Federal Acquisition Circular (FAC) 2023-04, Federal Acquisition Regulation (FAR) Case 2023-010, subject: “Prohibition on a ByteDance Covered Application.”

Public Law 117-328 at Division R (“the Act”) requires the Director of the Office of Management and Budget in consultation with the Administrator of General Services, the Director of the Cybersecurity and Infrastructure Security Agency, the Director of National Intelligence, and the Secretary of Defense to develop standards and guidelines for agencies which require the removal of TikTok software installed on Federal Information Technology (IT). TikTok is owned and operated by ByteDance Limited, a Chinese company.

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However, agencies which routinely purchase social media and advertising services within the micro-purchase threshold using a purchase card may want to consider issuing a policy placing limits on buying these services on the open market to help manage this risk. As a best practice, agencies may also consider issuing policy emphasizing the security benefits of using existing government online shopping sites as the first source of supply for high-risk products and services, such as GSA Advantage!, Fed Mall, GSA Global Supply, category-managed solutions, agency-specific vehicles, etc. The expectation is that the cognizant contracting office will ensure the required TikTok prohibition is incorporated into the contracts underlying these offerings.

Note that this ban is different from the Section 889 covered technology” prohibition, as follows:
Note that this ban is different from the Section 889 covered technology” prohibition, as follows:
- No contractor representations are required;
- The prohibition is narrowly focused on the use of a single “app” (TikTok) in the performance of government work and
- The prohibition applies to devices used in the performance of government work, regardless of ownership. But it does not apply to personally-owned cell phones not used in the performance of a government contract or work or to technology incidental to the performance of such work.
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