What FAR Part 39 - Acquisition of Information Technology (Modular Contracting, Section 508 ICT Accessibility, IT Security, Privacy) requires
Federal Acquisition Regulation (FAR) Part 39 governs federal acquisition of information technology and information and communication technology (ICT), excluding national security systems under 40 USC 11302. Subpart 39.1 (General) requires agencies to identify IT requirements considering security, privacy, accessibility, energy efficiency, NIST common security configurations, and IPv6 compliance under 11.002(g); incorporates supply chain prohibitions on Kaspersky Lab products (4.2002), covered telecommunications equipment under subpart 4.21 (Section 889 NDAA FY2019), covered applications including TikTok (4.2202), and FASCSA-covered articles (4.2303). Section 39.103 requires modular contracting under 41 USC 2308 for major IT systems to the maximum extent practicable, with each increment independently manageable; award is required within 180 days of solicitation issuance and deliveries within 18 months. Section 39.105 requires contracts for system-of-records design and development to include agency rules of conduct, threat and hazard descriptions, required safeguards, and Government inspection program requirements under the Privacy Act 5 USC 552a. Section 39.106 mandates inclusion of clause 52.239-1 (Privacy or Security Safeguards) in solicitations and contracts requiring IT security or system-of-records operations. Subpart 39.2 (ICT) implements Section 508 of the Rehabilitation Act under 29 USC 794d and 36 CFR 1194.1, requiring ICT supplies and services to meet ICT accessibility standards unless an exception (39.204 - national security systems, incidental contract items, maintenance spaces) or exemption (39.205 - undue burden, fundamental alteration, commercial nonavailability) applies. Exemptions require written justification and alternative means of access for individuals with disabilities. Indefinite-quantity contracts identify compliant items and exemption documentation at the contract level; task and delivery orders document exceptions and exemptions at issuance.
Pillar: Public Sector & Government Procurement · Authority: Federal Acquisition Regulatory Council (DOD, GSA, NASA) issuing the Federal Acquisition Regulation under 41 USC 1303 and 48 CFR Chapter 1; United States Access Board issuing ICT accessibility standards under 29 USC 794d (Section 508 of the Rehabilitation Act) and 36 CFR 1194.1; Office of Management and Budget Circular A-130 (Managing Information as a Strategic Resource) · Version: 1.0.0 · Last updated:
Primary source: https://www.acquisition.gov/far/part-39
SHA-256 integrity: 6aeeba83250f04b55e0ea70151dd91603ce208fccb0075e4e1af49c50dd9799f
Primary Citations — 7 traced to source
- FAR Part 39 Section 39.001 (Applicability): 'This part applies to the acquisition of information technology by or for the use of agencies except for acquisitions of information technology for national security systems pursuant to 40 U.S.C. 11302. However, acquisitions of information technology for national security systems shall be conducted in accordance with the requirements of subpart 39.2.' Subpart 39.2 (ICT accessibility) thus applies even to national security system IT acquisitions.
- FAR Part 39 Section 39.101(a) (Policy): 'In acquiring information technology, agencies shall identify their requirements pursuant to (1) OMB Circular A-130, including consideration of security of resources, protection of privacy, national security and emergency preparedness, accessibility for persons with disabilities, and energy efficiency; (2) Electronic Product Environmental Assessment Tool (EPEAT(R)) standards (see 23.704); (3) Policies to enable power management, double-sided printing, and other energy-efficient or environmentally preferable features on all agency electronic products; and (4) Best management practices for energy-efficient management of servers and Federal data centers.'
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