FAR and DFARS › DFARS Part 239: Acquisition of Information Technology › Subpart 239.74
DFARS 239.7402 Policy.
The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.
In plain English
This section states DoD policy for buying telecommunications services, generally requiring competition and recognition of FCC and other regulators' rules on rates and accounting. It also requires contracting officers to make sure purchase requests spell out telecommunications security needs, and it places security obligations on contractors and subcontractors. It matters because it tells contractors how DoD buys these services and what security duties come with the work.
Applies to: DoD acquisitions of telecommunications services and contractors/subcontractors performing them
What it requires
- Contractors and subcontractors must provide all telecommunications security techniques or services required for performance of Government contracts.
- Contractors and subcontractors normally must provide all required property, including telecommunications security equipment or related devices, in accordance with FAR 45.102.
- For some items such as COMSEC equipment designated as CCI, contractors or subcontractors must also meet ownership eligibility conditions.
Key terms: telecommunications services · common and noncommon telecommunications carriers · full and open competition · telecommunications security · Government-furnished property
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The 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).
Sections it refers to
- 45.102 Policy.
← 239.7401 Definitions. · 239.7403-239.7404 [Reserved] →
Rule changes for DFARS Part 239
- Defense Federal Acquisition Regulation Supplement: Disclosure of Information Regarding Foreign Obligations (DFARS Case 2018-D064) ↗ · proposed 2024-11-15 · comments due 2025-01-14
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.