
An inspector general audit has found that some contracts issued by the IRS after enactment of the No TikTok on Government Devices Act did not include language to ensure that software application would not be used.
The audit represented the second time the IG’s office found shortcomings with the agency’s compliance with that law and OMB guidance issued early last year setting a series of compliance requirements within 30, 90 and 120 calendar days. A report last December found that IRS policies had not been updated to inform employees that the prohibition also relates to personally owned devices that they use at work.
The latest review found that a Federal Acquisition Regulation clause effective last June—stating that contractors are prohibited from using TikTok or a subsidiary of TikTok’s parent company during the performance of a contract—had not been included in 68 of 163 contract solicitations and 50 of 53 contract modifications issued afterward.
Officials told the IG that the omission “was either a timing issue of when the guidance became effective and when the contract was awarded, or it was more than likely due to an omission by the contracting officer.” However, the IG noted that some of the contracts were above a threshold requiring higher-level review and that the omission was not caught at either level.
Auditors also identified three contracts for social media services and four recruiting contracts that could be interpreted as allowing use of TikTok.
Management agreed with recommendations to make sure that clause is added to the contracts at issue and to stress the requirement to procurement officials.
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