39.204 Exceptions
Source: FAR 39.204 on acquisition.gov
FAR 39.204 allows specific exceptions to ICT accessibility requirements, but requires written confirmation and documentation for each exception claimed.
Overview
FAR 39.204 outlines specific exceptions to the accessibility requirements for Information and Communication Technology (ICT) acquisitions described in FAR 39.203. The section identifies three categories where these requirements do not apply: (1) ICT used as part of national security systems, (2) ICT acquired by contractors for incidental in-house use, and (3) certain hardware controls or indicators located in spaces only accessed by service personnel. Contracting officers must obtain and retain written confirmation from the requiring activity when an exception is claimed, ensuring proper documentation in the contract file. This process ensures that exceptions are justified and traceable, maintaining compliance and audit readiness.
Key Rules
- National Security Systems Exception
- ICT used as part of a national security system is exempt from accessibility requirements.
- Incidental Contract Items Exception
- ICT acquired by a contractor for incidental, in-house use to perform the contract is exempt.
- Maintenance or Monitoring Spaces Exception
- Operable parts or status indicators of ICT located in spaces only accessed by service personnel are exempt.
- Documentation Requirement
- Contracting officers must receive and file written confirmation from the requiring activity when an exception is applied.
Responsibilities
- Contracting Officers: Obtain and retain written confirmation of exceptions; maintain documentation in the contract file.
- Contractors: Identify and communicate when ICT acquisitions may qualify for an exception.
- Agencies: Provide written confirmation when an exception applies.
Practical Implications
- This section clarifies when accessibility requirements do not apply, reducing unnecessary compliance burdens in specific scenarios.
- Proper documentation is critical to justify exceptions and avoid audit issues.
- Failure to document exceptions can result in noncompliance findings or contract delays.
(a) The requirements in 39.203 do not apply to acquisitions for—
(1) National security systems. ICT operated by agencies as part of a national security system, as defined by http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section11103&num=0&edition=prelim" target="_blank">40 U.S.C 11103(a);
(2)Incidental contract items. ICT acquired by a contractor incidental to a contract, i.e., for in-house use by the contractor to perform the contract; or
(3) Maintenance or monitoring spaces. The portions of ICT that are operable parts (i.e., hardware-based user controls for activating, deactivating, or adjusting ICT) or status indicators, and that are located in spaces frequented only by service personnel for maintenance, repair, or occasional monitoring of equipment.
(b) The contracting officer shall receive, as a part of the requirements documentation, written confirmation from the requiring activity that an exception, in accordance with paragraph (a)(1), (2), or (3) of this section, applies to the ICT supply or service (see 7.105(b)(5)(iv)). This documentation shall be maintained in the contract file.