[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR39.101]



[Page 769]

 

            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 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.

    (d) In acquiring information technology, agencies shall include the 

appropriate information technology security policies and requirements.



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

FR 72446, Dec. 27, 1999; 70 FR 57452, Sept. 30, 2005]