39.104
Information technology services
Do not include minimum experience or education requirements for IT service personnel in solicitations unless specifically justified by agency needs or non-performance-based acquisition.
Overview
FAR 39.104 addresses the requirements for acquiring information technology (IT) services, specifically regarding the qualifications of contractor personnel. The regulation prohibits agencies from including minimum experience or educational requirements for contractor staff in solicitations unless the contracting officer determines such requirements are essential to meet agency needs or if the acquisition is not performance-based. This approach is intended to promote flexibility, competition, and performance-based contracting in IT service acquisitions.
Key Rules
- No Unnecessary Personnel Requirements
- Solicitations for IT services must not specify minimum experience or education for contractor personnel unless justified.
- Exceptions for Agency Needs or Non-Performance-Based Acquisitions
- Contracting officers may include such requirements only if they determine that agency needs cannot be met otherwise, or if the acquisition is not performance-based (referencing FAR Subpart 37.6).
Responsibilities
- Contracting Officers: Must justify and document any inclusion of minimum experience or education requirements for IT service personnel; ensure compliance with performance-based acquisition principles.
- Contractors: Should be prepared to demonstrate compliance only if such requirements are explicitly justified and included in the solicitation.
- Agencies: Should encourage performance-based acquisitions and avoid unnecessary restrictions that limit competition.
Practical Implications
- This section exists to prevent unnecessary barriers to competition and to encourage innovative, performance-focused solutions in IT service contracts.
- It impacts daily contracting by requiring careful justification for any personnel qualifications, reducing the risk of protests or non-compliance.
- Common pitfalls include unjustified personnel requirements that can lead to solicitation challenges or reduced competition.