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FAR and DFARS › FAR Part 39: Acquisition of Information Technology › Subpart 39.1

FAR 39.104 Information technology services.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section says that when an agency buys information technology services, the solicitation generally cannot include minimum experience or education requirements for contractor personnel. The contracting officer can only include such requirements if the agency's needs cannot be met without them or if a performance-based acquisition approach is not appropriate. This matters because it limits how agencies can specify personnel qualifications in IT services contracts.

Applies to: Acquisitions of information technology services

What it requires

  • Do not include minimum experience or educational requirements for proposed contractor personnel in solicitations unless the contracting officer makes a required determination.

Key terms: information technology services · solicitations · minimum experience · educational requirement · performance-based acquisition

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

When acquiring information technology services, solicitations must not describe any minimum experience or educational requirement for proposed contractor personnel unless the contracting officer determines that the needs of the agency—

(a) Cannot be met without that requirement; or

(b) Require the use of other than a performance-based acquisition (see subpart 37.6).

← 39.103 Modular contracting. · 39.105 Privacy. →

Rule changes for FAR Part 39

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 39.104 Information technology services · SpendQuery