39.001
Applicability
FAR 39.001 defines when Part 39 applies to IT and ICT acquisitions, excluding national security systems and referencing key exceptions and exemptions.
Overview
FAR 39.001 outlines the applicability of Part 39, which governs the acquisition of information technology (IT) and information and communication technology (ICT) by or for federal agencies. It clarifies that Part 39 applies to most IT acquisitions, except those for national security systems, which are subject to different statutory and policy requirements. For national security systems, agencies must follow 40 U.S.C. 11302 and OMB Circular A-130, focusing on performance, results-based management, CIO involvement, and accountability. Additionally, Part 39 covers ICT acquisitions for agency or public use, unless specific exceptions or exemptions apply, as referenced in sections 39.204 and 39.205, and 36 CFR 1194.1.
Key Rules
- General Applicability
- Part 39 applies to all IT acquisitions by or for federal agencies, with specific exclusions for national security systems.
- National Security Systems
- Acquisitions for national security systems must comply with 40 U.S.C. 11302 and OMB Circular A-130, not Part 39.
- Information and Communication Technology (ICT)
- ICT acquisitions for agency or public use are covered unless an exception or exemption applies (see 39.204 and 39.205).
Responsibilities
- Contracting Officers: Determine if the acquisition falls under Part 39 or is excluded due to national security or other exceptions/exemptions; ensure compliance with referenced statutes and policies.
- Contractors: Understand whether their products/services are subject to Part 39 and comply with relevant requirements.
- Agencies: Ensure oversight and proper application of CIO roles, performance management, and accountability for IT and ICT acquisitions.
Practical Implications
- This section helps agencies and contractors determine when Part 39 requirements apply to IT and ICT acquisitions, ensuring proper compliance and oversight.
- Misclassification (e.g., failing to recognize a national security system) can lead to compliance failures.
- Awareness of exceptions and exemptions is critical for proper application of the rules.