[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR39.101]

[Page 744-745]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 39_ACQUISITION OF INFORMATION TECHNOLOGY--Table of Contents
 
                          Subpart 39.1_General
 
Sec.  39.101  Policy.


    (a) Division A, Section 101(h), Title VI, Section 622 of the Omnibus 
Appropriations and Authorization Act for Fiscal Year 1999 (Pub. L. 105-
277) requires that agencies may not use appropriated funds to acquire 
information technology that does not comply with 39.106, unless the 
agency's Chief Information Officer determines that noncompliance with 
39.106 is necessary

[[Page 745]]

to the function and operation of the agency or the acquisition is 
required by a contract in effect before October 21, 1998. The Chief 
Information Officer must send to the Office of Management and Budget a 
copy of all waivers for forwarding to Congress.
    (b) In acquiring information technology, agencies shall identify 
their requirements pursuant to OMB Circular A-130, including 
consideration of security of resources, protection of privacy, national 
security and emergency preparedness, accommodations for individuals with 
disabilities, and energy efficiency. When developing an acquisition 
strategy, contracting officers should consider the rapidly changing 
nature of information technology through market research (see part 10) 
and the application of technology refreshment techniques.
    (c) Agencies must follow OMB Circular A-127, Financial Management 
Systems, when acquiring financial management systems. Agencies may 
acquire only core financial management software certified by the Joint 
Financial Management Improvement Program.

[61 FR 41470, Aug. 8, 1996, as amended at 64 FR 32748, June 17, 1999; 64 
FR 72446, Dec. 27, 1999]