FAR Part 39 has been renamed from “Acquisition of Information Technology” to “Acquisition of Information and Communication Technology (ICT).” The Practitioner Album explains that the change reflects a broader scope that includes ICT and “new and emerging technologies,” such as “Internet of Things” (IoT)devices.
FAR Part 39 is restructured into three phases of the acquisition process: Pre-solicitation, Evaluation and Award, and Post-Award.
Subpart 39.1 – Pre-solicitation Phase
- Focuses on risk management (rather than risk avoidance), modular contracting, restrictions on minimum experience/education requirements for contractor personnel unless certain elements are present, and consideration of statutory accessibility standards.
Subpart 39.2 – Evaluation and Award Phase
- Clarifies that confirmation of an exception (39.104-4) or determination of an exemption (39.104-5) to ICT accessibility standards is not required before awarding indefinite-quantity contracts.
Subpart 39.3 – Post-Award Phase
- Explains that when issuing a task order or delivery order under an indefinite-quantity contract, the requiring activity and ordering activity must ensure compliance with the ICT accessibility standards.
For contractors, it is critical to explain how the offered ICT services will meet accessibility requirements, as exceptions or exemptions may not apply.