govt2310 Posted March 15 Author Report Share Posted March 15 I just noticed something. I went back and re-read the Public Law and the OMB Memo. The Public Law directs OMB to issue "standards and guidelines . . . requiring the removal" of TikTok from "information technology." The OMB Memo says that the OMB Memo applies to "information technology" as that term is defined in 40 USC 11101(6). The OMB Memo further states that "That definition [of IT] reaches not only IT owned or operated by agencies," but it also reaches 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.'" Hmm, the more I look at this, it sounds to me like OMB is saying that the Contract between the Agency and the Contractor has to "require" the "use" of TikTok. I can't imagine any agency having a contract like that, except the military and intelligence agencies. If an agency has no contracts with contractors that require the use of TikTok, then the 90 days to cease use of contracts "that contain requirements that may include use of TikTok in performance of the Contract" (or you can modify the contract) doesn't apply, right? All the agency has to do is identify the use or presence of Tiktok on "information technology," and as far as contractors go, the agency just has to notify its contractors to confirm that they don't have TikTok on their "information technology" used in performance of the Contract, right? Quote Link to comment Share on other sites More sharing options...
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