Why Part 39 Matters

IT acquisitions are among the highest-profile and highest-risk federal procurements, with significant rates of cost overruns and schedule delays. Modular contracting breaks large IT programs into smaller, manageable increments. Section 508 accessibility requirements (cross-referenced from Subpart 39.2) mandate that all electronic and information technology be accessible to people with disabilities. Cloud computing procurement (FedRAMP authorization) has become a dominant IT acquisition model.

Key Topics in Part 39

FAR Part 39 addresses several critical areas of the federal acquisition process. Understanding these topics is essential for both contracting officers and contractors working within this regulatory framework.

• Clinger-Cohen Act IT investment management
• Modular contracting for IT (Subpart 39.1)
• Section 508 accessibility requirements
• Cloud computing and FedRAMP
• IT capital planning and investment control
• Commercial IT product preference
• Cybersecurity requirements in IT acquisitions
• Enterprise software licensing and agreements

How FAR Part 39 Applies

The Federal Acquisition Regulation is organized into 53 parts, each covering a distinct area of the procurement process. Part 39 (Acquisition of Information Technology) is part of this framework and works in conjunction with other FAR parts to create a comprehensive regulatory structure. Contracting officers must comply with all applicable parts when executing procurement actions, and contractors must understand the requirements that flow from these regulations into their contracts.

The requirements in Part 39 may be implemented through specific contract clauses prescribed in FAR Part 52. When a clause references Part 39, the substantive requirements originate here, while Part 52 provides the actual clause language incorporated into contracts and solicitations.

Subparts

FAR Part 39 is divided into 2 subparts, each addressing a specific aspect of acquisition of information technology.

• 39.1 — General
• 39.2 — Information and Communication Technology

Reading FAR Part 39

The full text of FAR Part 39 is available on the Electronic Code of Federal Regulations (eCFR). The eCFR provides the most current version of the regulation, including any recent amendments published through Federal Acquisition Circulars (FACs). For historical versions, use the eCFR's point-in-time search feature.

• What does FAR Part 39 cover?

  FAR Part 39 covers acquisition of information technology within the federal acquisition process. FAR Part 39 addresses the acquisition of information technology (IT), implementing the Clinger-Cohen Act requirements for IT investment management and capital planning. It covers the acquisition of IT supplies and services including cloud computing, software, hardware, and telecommunications. The part emphasizes modular contracting approaches (Subpart 39.1) to reduce risk in IT acquisitions and promotes the use of commercial IT products and services.

• Who must comply with FAR Part 39?

  FAR Part 39 applies to all executive branch agencies conducting acquisitions, unless a specific exemption exists. Contractors must comply with the requirements that are incorporated into their contracts through prescribed clauses from FAR Part 52. Agency-specific supplements (DFARS, GSAM, etc.) may add additional requirements beyond the base FAR.

• Where can I read the full text of FAR Part 39?

  The full text is available on the Electronic Code of Federal Regulations (eCFR). You can also access it through acquisition.gov, which is maintained by the General Services Administration. Both sources reflect the most current version of the regulation.

• How does FAR Part 39 relate to contract clauses?

  FAR Part 39 establishes the substantive policies and procedures. The actual clause language that gets incorporated into contracts is found in FAR Part 52. Each clause in Part 52 includes a "prescription" that references the relevant policy part, creating a direct link between the requirement and its implementation in the contract.