DFARS 239.7402 Policy

Section Defense Federal Acquisition Regulation Supplement

Facts

Citation
DFARS 239.7402
Type
Section
Supplements
FAR Part 39 Acquisition of Information Technology
Last amended
81 FR 28732 Effective May 10, 2016
Text as of
DFARS Change May 7, 2026
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) Acquisition. DoD policy is to acquire telecommunications services from common and noncommon telecommunications carriers—

(1) On a competitive basis, except when acquisition using other than full and open competition is justified;

(2) Recognizing the regulations, practices, and decisions of the Federal Communications Commission (FCC) and other governmental regulatory bodies on rates, cost principles, and accounting practices; and

(3) Making provision in telecommunications services contracts for adoption of—

(i) FCC approved practices; or

(ii) The generally accepted practices of the industry on those issues concerning common carrier services where—

(A) The governmental regulatory body has not expressed itself;

(B) The governmental regulatory body has declined jurisdiction; or

(C) There is no governmental regulatory body to decide.

(b) Security.

(1) The contracting officer shall ensure, in accordance with agency procedures, that purchase requests identify—

(i) The nature and extent of information requiring security during telecommunications;

(ii) The requirement for the contractor to secure telecommunications systems;

(iii) The telecommunications security equipment, devices, techniques, or services with which the contractor's telecommunications security equipment, devices, techniques, or services must be interoperable; and

(iv) The approved telecommunications security equipment, devices, techniques, or services, such as found in the National Security Agency's Information Systems Security Products and Services Catalogue.

(2) Contractors and subcontractors shall provide all telecommunications security techniques or services required for performance of Government contracts.

(3) Except as provided in paragraph (b)(4) of this section, contractors and subcontractors shall normally provide all required property, to include telecommunications security equipment or related devices, in accordance with FAR 45.102. In some cases, such as for communications security (COMSEC) equipment designated as controlled cryptographic item (CCI), contractors or subcontractors must also meet ownership eligibility conditions.

(4) The head of the agency may authorize provision of the necessary property as Government-furnished property or acquisition as contractor-acquired property, as long as conditions of FAR 45.102(b) are met.

(c) Foreign carriers. For information on contracting with foreign carriers, see PGI 239.7402 (c).

(d) Long-haul telecommunications services. When there is a requirement for procurement of long-haul telecommunications services, follow PGI 239.7402 (d).

Federal Register history

Final rule Published Effective
Defense Federal Acquisition Regulation Supplement: Long-Haul Telecommunications (DFARS Case 2015-D023) 81 FR 28732 · Docket DARS-2015-0046
Acquisition of Information Technology 80 FR 56930 Not on record
Defense Federal Acquisition Regulation Supplement; Government Property (DFARS Case 2007-D020) 74 FR 37645 · 0750-AF92
Defense Federal Acquisition Regulation Supplement; Acquisition of Information Technology 71 FR 39010 · DFARS Case 2003-D068 Not on record

Sections cited

Quick answers

What is DFARS 239.7402?

DFARS 239.7402 is a section of the Defense Federal Acquisition Regulation Supplement, titled "Policy".

When was DFARS 239.7402 last changed?

The most recent final rule on record is "Defense Federal Acquisition Regulation Supplement: Long-Haul Telecommunications (DFARS Case 2015-D023)" (81 FR 28732), published May 10, 2016 and effective May 10, 2016.

Are changes to DFARS 239.7402 proposed?

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

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