FAR 39.204 Exceptions

Section Federal Acquisition Regulation

Facts

Citation
FAR 39.204
Type
Section
Last amended
86 FR 44229 Effective Sep 10, 2021
Text as of
FAC 2026-01
Official text
acquisition.gov

Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this section.

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.

Federal Register history

Final rule Published Effective
Federal Acquisition Regulation: Section 508-Based Standards in Information and Communication Technology 86 FR 44229 · FAC 2021-07
Federal Acquisition Regulations; Section 508 Micropurchase Exemption 69 FR 59702 · FAC 2001-25
Federal Acquisition Regulation; Section 508 Micro-Purchase Exception Sunset Provision 67 FR 80321 · FAC 2001-11
Federal Acquisition Regulations; Electronic and Information Technology Accessibility 66 FR 20894 · FAC 97-27

Sections cited

Quick answers

What is FAR 39.204?

FAR 39.204 is a section of the Federal Acquisition Regulation, titled "Exceptions".

When was FAR 39.204 last changed?

The most recent final rule on record is "Federal Acquisition Regulation: Section 508-Based Standards in Information and Communication Technology" (86 FR 44229), published Aug 11, 2021 and effective Sep 10, 2021.

Are changes to FAR 39.204 proposed?

No proposed rule from the last 3 years is waiting on a final rule.

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