39.002
Definitions
Understanding the definitions of "modular contracting" and "national security system" is crucial for proper compliance with IT acquisition requirements under FAR Part 39.
Overview
FAR 39.002 provides definitions for key terms used throughout Part 39, which governs the acquisition of information technology (IT) by federal agencies. Understanding these definitions is essential for correctly interpreting requirements and ensuring compliance with IT procurement regulations. The section specifically defines "modular contracting" and "national security system," both of which have significant implications for how IT contracts are structured and what systems are subject to special rules or exemptions.
Key Rules
- Modular Contracting
- Refers to acquiring IT systems through one or more contracts in successive, interoperable increments, allowing for phased development and implementation.
- National Security System
- Encompasses any government-operated telecommunications or information system involved in intelligence, cryptologic activities, military command and control, weapons systems, or critical military/intelligence missions, but excludes routine administrative and business applications.
Responsibilities
- Contracting Officers: Must apply these definitions when planning, soliciting, and awarding IT contracts, especially when determining if modular contracting is appropriate or if a system qualifies as a national security system.
- Contractors: Should understand these terms to ensure proposals and solutions align with government expectations and regulatory requirements.
- Agencies: Need to ensure IT acquisitions are categorized correctly to comply with applicable FAR provisions and any special handling for national security systems.
Practical Implications
- These definitions clarify the scope of Part 39 and help prevent misclassification of IT systems, which could lead to compliance issues or improper contract structuring. Misunderstanding these terms can result in delays, non-compliance, or security risks, especially for contracts involving sensitive or mission-critical systems.