Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) introduced an interim rule via the Federal Acquisition Regulation (FAR) 52.204-27 clause on June 2, 2023. This directive “implements the prohibition on having or using the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited” on any device utilized in federal contract operations. Michigan State University recognizes the importance of this interim rule and is informing our research community about its details.
This federal directive encompasses all devices used in the execution of federal contracts and subcontracts. This not only includes devices under federal government ownership but also devices owned by contractors (the University), and crucially, personal equipment used by our faculty, staff, and students for related contract activities.
Federal contracts awarded or modified on or after June 2, 2023, are affected by this directive.
Principal Investigator(s) will be notified by the office processing the contract (e.g. Office of Sponsored Programs, MSUT, etc...) if this Prohibition is included in their new or modified contract.
It's important to note that in addition to federal regulations, TikTok bans may also be enforced through contracts governed by the Office of Management and Budget (OMB), specific state contract provisions, or other contractual requirements where such prohibitions are explicitly stated. The term 'TikTok Prohibition' will be used to denote all instances where contractual obligations necessitate adherence to TikTok/ByteDance usage restrictions.
Every member of the MSU community involved in contract work should be acutely aware: Once any TikTok Prohibition is integrated into a contract, strict adherence to the prohibition is mandatory.
Frequently Asked Questions
Who does this apply to?
This applies to anyone performing work on any new or modified contracts (and associated subcontracts) that include a TikTok Prohibition.
- This includes ALL personnel working on the project that is subject to this Prohibition.
- Principal Investigator(s) will be notified by the office processing the contract (e.g. Office of Sponsored Programs, MSUT, etc...) if this Prohibition is included in their new or modified contract.
- It will be the Principal Investigator’s responsibility to notify all project personnel that they must adhere to this prohibition.
How is "performing work on a contract" defined?
Though the specifics are not clearly defined in the new regulation, activities such as handling data or communicating about the project through emails might be interpreted as working on the contract using a device.
What devices are prohibited from having or using TikTok?
This applies to any devices used in the performance of a contract that includes any TikTok Prohibition. These devices include:
- Any personal or MSU owned phone or tablet used to access university email as email is usually used to communicate and coordinate project work.
- Any personal or MSU owned phone or tablet used to access cloud services that may store project information. These cloud services include, but are not limited to, Office 365 (Email, Teams, OneDrive, etc.) and Google Apps (Docs, Drive, etc.).
- Any personal or MSU owned phone or tablet used to store, process or transmit project information.
- Any personal or MSU owned computers (laptops, desktops, servers, etc.) used to store, process, or transmit project information.
I have the TikTok app on my device. What should I do?
If you use your device for any contract work that includes a TikTok Prohibition, delete the TikTok app. (see How is "performing work on a contract" defined? and What devices may not have or use TikTok?)
Multifactor Authentication (MFA) Use
Currently, MSU believes that devices used solely for Okta multifactor authentication in their work are not affected by the TikTok Prohibition.
Additional Questions
For general questions, please reach out to ORI.Security@msu.edu. If you have questions related to the overlap with your sponsored project proposal or an upcoming award, please contact the Office of Sponsored Programs using the appropriate contact in OSP Contacts by College. For questions related to existing awards, please contact the CGA Awards Group.