FAR and DFARS › FAR Part 39: Acquisition of Information Technology › Subpart 39.2
FAR 39.204 Exceptions.
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 lists three situations where the accessibility requirements in FAR 39.203 do not apply to information and communication technology (ICT) acquisitions. When an exception applies, the contracting officer must obtain written confirmation from the requiring activity and keep it in the contract file.
Applies to: Acquisitions of information and communication technology (ICT) that fall under one of the listed exceptions
What it requires
- The contracting officer shall receive written confirmation from the requiring activity that an exception applies to the ICT supply or service.
- This documentation shall be maintained in the contract file.
Key terms: ICT · national security system · incidental contract items · maintenance or monitoring spaces · contracting officer
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
(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 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.
← 39.203 Applicability. · 39.205 Exemptions. →
Rule changes for FAR Part 39
- Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 1, 2, 4, 33, 39, 40, and 53 ↗ · proposed 2026-06-23 · comments due 2026-07-23
- Federal Acquisition Regulation: Prohibition on Certain Semiconductor Products and Services ↗ · proposed 2026-02-17 · comments due 2026-04-20
- Federal Acquisition Regulation: Strengthening America's Cybersecurity Workforce ↗ · proposed 2025-01-03 · comments due 2025-03-04
- Federal Acquisition Regulation: Prohibition on Unmanned Aircraft Systems From Covered Foreign Entities ↗ · final rule 2024-12-30
- Federal Acquisition Regulation: Prohibition on Unmanned Aircraft Systems From Covered Foreign Entities ↗ · final rule 2024-11-12 · effective 2024-11-12
- Federal Acquisition Regulation; Technical Amendments ↗ · final rule 2024-04-22 · effective 2024-05-22
- Federal Acquisition Regulation: Sustainable Procurement ↗ · final rule 2024-04-22 · effective 2024-05-22
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.