Subpart 39.1
General
FAR Subpart 39.1 provides the essential framework for compliant, risk-managed, and privacy-conscious federal IT acquisitions.
Overview
FAR Subpart 39.1 – General establishes the foundational policies and requirements for the acquisition of information technology (IT) by federal agencies. It outlines the government’s approach to IT procurement, emphasizing risk management, modular contracting, privacy considerations, and the use of specific contract clauses. This subpart serves as the organizational framework for more detailed requirements found in its subsections, guiding contracting professionals in planning, soliciting, and managing IT acquisitions to ensure compliance with federal law and best practices.
Key Rules
- Policy (39.101)
- Sets the overarching principles for IT acquisitions, including promoting competition and leveraging commercial practices.
- Management of Risk (39.102)
- Requires agencies to identify, assess, and mitigate risks associated with IT procurements.
- Modular Contracting (39.103)
- Encourages breaking large IT projects into smaller, manageable modules to reduce risk and improve outcomes.
- Information Technology Services (39.104)
- Addresses requirements specific to acquiring IT services, including performance and security considerations.
- Privacy (39.105)
- Mandates the protection of personal and sensitive information in IT contracts.
- Contract Clause (39.106)
- Identifies required clauses that must be included in IT contracts to ensure compliance and protect government interests.
Responsibilities
- Contracting Officers: Must ensure IT acquisitions comply with policy, risk management, modular contracting, privacy, and clause requirements.
- Contractors: Must adhere to contract terms, especially regarding risk, privacy, and performance.
- Agencies: Oversee IT procurement processes, risk assessments, and compliance with federal IT acquisition policies.
Practical Implications
- This subpart exists to ensure IT acquisitions are efficient, secure, and compliant with federal standards.
- It impacts daily contracting by requiring careful planning, risk assessment, and the use of specific contract clauses.
- Common pitfalls include inadequate risk management, failure to address privacy, and not using modular contracting for large projects.