FAR 39.001—Applicability.
Plain-English Summary
FAR 39.001 explains when FAR Part 39 applies and, just as importantly, when it does not. It covers two main subject areas: acquisition of information technology (IT) by or for agencies, and acquisition of information and communication technology (ICT) by or for agencies or for public use. The section also carves out a special rule for national security systems, which are excluded from the general IT coverage in this part and instead must follow the statutory requirements in 40 U.S.C. 11302 and the related policy framework in OMB Circular No. A-130. In practice, this section tells contracting officers and program officials whether Part 39’s acquisition planning, management, and accessibility-related requirements are triggered for a given buy. It also points readers to the exceptions in 39.204 and exemptions in 39.205, and to 36 CFR 1194.1 for the accessibility-related scope of ICT coverage. The practical significance is that agencies must correctly identify the type of technology being acquired and the applicable carve-outs before applying Part 39 requirements, because misclassification can lead to noncompliance, poor acquisition planning, or missed accessibility obligations.
Key Rules
Part 39 covers agency IT buys
FAR Part 39 applies to acquisitions of information technology by or for the use of agencies. If the purchase is IT and it is not a national security system, Part 39’s requirements are in play.
National security systems are excluded
Acquisitions of information technology for national security systems are not covered by the general Part 39 IT rule. Instead, they must follow 40 U.S.C. 11302 for performance and results-based management, the CIO’s role, and accountability, as implemented through OMB Circular No. A-130.
ICT has broader coverage
The part also applies to acquisitions of information and communication technology by or for agencies or for use by the public. This makes the scope broader than internal agency IT alone and can reach products or services intended for public-facing use.
Exceptions and exemptions may remove coverage
Even when an acquisition involves ICT, Part 39 may not apply if an exception under 39.204 or an exemption under 39.205 applies. Those provisions must be checked before assuming the full requirements of Part 39 apply.
Accessibility scope is tied to 36 CFR 1194.1
The reference to 36 CFR 1194.1 signals that accessibility-related coverage for ICT is governed by the applicable rehabilitation/accessibility standards. Contracting personnel should use that cross-reference to determine the precise scope of covered ICT requirements.
Responsibilities
Contracting Officer
Determine whether the acquisition is IT or ICT, whether it is for agency use or public use, and whether any national security, exception, or exemption provision removes it from Part 39 coverage. The contracting officer must ensure the correct regulatory framework is applied before solicitation and award.
Agency Program Officials
Identify the technology requirement accurately and provide enough information to support the coverage determination, including whether the requirement involves a national security system or public-facing ICT. They must coordinate early so the acquisition is planned under the correct rules.
Agency Chief Information Officer
For national security system IT acquisitions, participate in the role contemplated by 40 U.S.C. 11302 and OMB Circular No. A-130 regarding performance, results-based management, and accountability. The CIO’s involvement is part of the governance structure for those acquisitions.
Contractor
Understand whether the solicitation is subject to Part 39 and comply with any applicable IT or ICT requirements, including accessibility-related requirements where applicable. Contractors should not assume an acquisition is outside Part 39 without confirming the agency’s stated applicability and any cited exceptions or exemptions.
Agency
Apply the correct statutory and regulatory framework based on the type of technology and intended use, and ensure acquisitions of ICT or IT are screened for exceptions, exemptions, and special national security rules. The agency must also align its acquisition process with the referenced accessibility and management requirements.
Practical Implications
The first day-to-day task is classification: teams must decide whether the buy is IT, ICT, both, or a national security system, because that determines which rules apply.
A common pitfall is assuming all technology purchases are treated the same; national security systems are handled differently, and ICT can be covered even when the end use is public-facing rather than internal.
Another frequent mistake is skipping the exception/exemption check. Even if a product is ICT, 39.204 or 39.205 may change the compliance path, so those provisions should be reviewed early.
Contracting officers should coordinate with the CIO, program office, and accessibility staff early in planning to avoid solicitation revisions, delays, or post-award compliance issues.
For contractors, the practical takeaway is to read the solicitation carefully for Part 39 applicability and accessibility references, because compliance obligations may be embedded in the statement of work, evaluation factors, or contract clauses.
Official Regulatory Text
This part applies to the acquisition of— (a) Information technology by or for the use of agencies except for acquisitions of information technology for national security systems. However, acquisitions of information technology for national security systems shall be conducted in accordance with 40 U.S.C. 11302 with regard to requirements for performance and results-based management; the role of the agency Chief Information Officer in acquisitions; and accountability. These requirements are addressed in OMB Circular No. A-130; and (b) Information and communication technology by or for the use of agencies or for the use of the public, unless an exception (see 39.204 ) or an exemption (see 39.205 ) applies. See 36 CFR 1194.1 .