Regulations last checked for updates: Sep 29, 2023

Title 48 - Federal Acquisition Regulations System last revised: Sep 26, 2023
39.000 - 39.000 Scope of part.

This part prescribes acquisition policies and procedures for use in acquiring—

(a) Information technology, including financial management systems, consistent with other parts of this regulation, OMB Circular No. A–127, Financial Management Systems, and OMB Circular No. A–130, Management of Federal Information Resources; and

(b) Information and communication technology (see 2.101(b)).

[66 FR 20897, Apr. 25, 2001, as amended at 86 FR 44232, Aug. 11, 2021]
39.001 - 39.001 Applicability.

This part applies to the acquisition of—

(a) Information technology by or for the use of agencies except for acquisitions of information technology for national security systems. However, acquisitions of information technology for national security systems shall be conducted in accordance with 40 U.S.C. 11302 with regard to requirements for performance and results-based management; the role of the agency Chief Information Officer in acquisitions; and accountability. These requirements are addressed in OMB Circular No. A–130; and

(b) Information and communication technology by or for the use of agencies or for the use of the public, unless an exception (see 39.204) or an exemption (see 39.205) applies. See 36 CFR 1194.1.

[86 FR 44232, Aug. 11, 2021]
39.002 - 39.002 Definitions.

As used in this part—

Modular contracting means use of one or more contracts to acquire information technology systems in successive, interoperable increments.

National security system means any telecommunications or information system operated by the United States Government, the function, operation, or use of which—

(1) Involves intelligence activities;

(2) Involves cryptologic activities related to national security;

(3) Involves command and control of military forces;

(4) Involves equipment that is an integral part of a weapon or weapons system; or

(5) Is critical to the direct fulfillment of military or intelligence missions. This does not include a system that is to be used for routine administrative and business applications, such as payroll, finance, logistics, and personnel management applications.

[61 FR 41470, Aug. 8, 1996, as amended at 62 FR 274, Jan. 2, 1997; 62 FR 44830, Aug. 22, 1997; 63 FR 9068, Feb. 23, 1998; 66 FR 2133, Jan. 10, 2001; 79 FR 70344, Nov. 25, 2014]
Subpart 39.1 [39.101 - 39.106] - Subpart 39.1—General
Subpart 39.2 [39.201 - 39.205] - Subpart 39.2—Information and Communication Technology
authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113.
source: 61 FR 41470, Aug. 8, 1996, unless otherwise noted.
cite as: 48 CFR 39.000