FAR 39—Acquisition of Information Technology

Scope of part.

FAR 39.000 is the scope statement for FAR Part 39, and it tells contracting personnel what kinds of acquisitions this part governs. Specifically, it covers acquisition policies and procedures for information technology, including financial management systems, and for information and communication technology, as defined in FAR 2.101. It also makes clear that Part 39 must be read consistently with the rest of the FAR and with the applicable Office of Management and Budget guidance, including OMB Circular No. A-127 on financial management systems and OMB Circular No. A-130 on managing federal information resources. In practice, this section is important because it signals that IT buys are not handled as ordinary procurements; they must account for governmentwide policy on system planning, management, security, and lifecycle considerations. It helps contracting officers and program offices identify when Part 39 applies and reminds them that other FAR parts and OMB requirements may control or supplement the acquisition strategy.

Applicability.

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.

Subpart 39.1

Definitions.

FAR 39.002 provides the core definitions used in FAR Part 39, which governs the acquisition of information technology. This section defines two key terms: "modular contracting" and "national security system." The modular contracting definition explains the acquisition strategy of buying IT systems in successive, interoperable increments through one or more contracts, rather than as a single large buy. The national security system definition identifies the kinds of telecommunications and information systems that fall within a special category because of their connection to intelligence, cryptologic, military command and control, weapons systems, or mission-critical defense and intelligence functions. It also expressly excludes routine administrative and business systems such as payroll, finance, logistics, and personnel management. In practice, these definitions matter because they shape how agencies plan, structure, and justify IT acquisitions, and they determine when special security, mission, and acquisition considerations apply.

Subpart 39.2