FAR 39.104—Information technology services.
Plain-English Summary
FAR 39.104 addresses a narrow but important rule for acquiring information technology services: solicitations generally may not impose minimum experience or educational requirements on proposed contractor personnel. The section also identifies the limited circumstances in which such requirements are allowed—when the contracting officer determines the agency’s needs cannot be met without them, or when the acquisition must be conducted using something other than a performance-based acquisition under FAR subpart 37.6. In practice, this provision is meant to keep IT service procurements focused on outcomes and performance rather than unnecessary staffing credentials, which can restrict competition and drive up costs. It also forces the contracting officer to justify any personnel qualification requirements up front, rather than using them by default. For contractors, the rule matters because it can prevent solicitations from over-specifying labor qualifications and can affect how proposals are staffed and priced. For agencies, it reinforces the policy preference for performance-based acquisition and careful acquisition planning.
Key Rules
No default personnel minimums
Solicitations for information technology services must not set minimum experience or education requirements for proposed contractor personnel as a routine matter. The default approach is to avoid credential-based restrictions unless a specific exception applies.
Exception for agency necessity
The contracting officer may include such requirements only if the agency’s needs cannot be met without them. This requires an affirmative determination tied to the actual requirement, not a general preference for more qualified personnel.
Exception for non-performance-based buys
Minimum experience or education requirements may also be used when the acquisition must be conducted using something other than a performance-based acquisition under FAR subpart 37.6. In that case, the solicitation may need to reflect a more prescriptive staffing approach.
Contracting officer determination required
The rule places the decision squarely on the contracting officer. Any exception should be documented and supported by the acquisition’s facts, because the regulation does not permit automatic or boilerplate qualification standards.
Applies to IT services solicitations
This section applies when acquiring information technology services, so the restriction is aimed at service procurements involving contractor personnel rather than at all IT-related acquisitions generally. The focus is on how the solicitation describes the qualifications of the people proposed to perform the work.
Responsibilities
Contracting Officer
Ensure IT services solicitations do not include minimum experience or education requirements for contractor personnel unless one of the two regulatory exceptions applies. Make and document the required determination that the agency’s needs cannot be met without the requirement, or that the acquisition must be other than performance-based.
Agency
Define requirements in a way that supports performance-based acquisition whenever possible and avoid unnecessary credential-based restrictions. Provide the contracting officer with the mission need, technical rationale, and acquisition strategy information needed to justify any exception.
Acquisition/Technical Staff
Help identify the actual outcomes, performance standards, and mission constraints that drive the requirement. Support the contracting officer by explaining why any proposed education or experience threshold is truly necessary, if one is being considered.
Contractor/Offeror
Review solicitations for improper minimum qualification requirements and structure proposals around performance, staffing approach, and relevant experience where allowed. If a solicitation includes restrictive personnel standards, assess whether they appear justified under the regulation.
Practical Implications
This rule pushes IT service procurements toward performance-based statements of work and away from rigid labor-credential screening. Contractors should expect solicitations to emphasize deliverables, service levels, and outcomes rather than degree or years-of-experience thresholds.
A common pitfall is inserting boilerplate education or experience requirements copied from prior solicitations without a fresh justification. That can create a compliance issue and unnecessarily limit competition.
Contracting officers should be prepared to explain why a personnel qualification requirement is essential if challenged by industry or reviewers. A vague statement that the agency wants “highly qualified staff” is usually not enough.
For contractors, the absence of minimum education or experience requirements can broaden the competitive field, but it also means proposals may be evaluated more heavily on demonstrated performance, staffing plan quality, and relevant corporate capability.
If an acquisition is not performance-based, the solicitation may legitimately be more prescriptive, but the contracting officer should still ensure the staffing requirements are tied to the actual need and not broader than necessary.
Official Regulatory Text
When acquiring information technology services, solicitations must not describe any minimum experience or educational requirement for proposed contractor personnel unless the contracting officer determines that the needs of the agency- (a) Cannot be met without that requirement; or (b) Require the use of other than a performance-based acquisition (see subpart 37.6 ).