FAR and DFARS › DFARS Part 239: Acquisition of Information Technology › Subpart 239.74
DFARS 239.7406 Certified cost or pricing data and data other than certified cost or pricing data.
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 DFARS section addresses when certified cost or pricing data is required for telecommunications contracts. It says common carriers do not need to submit certified cost or pricing data before award for tariffed services, because those rates are treated as prices set by regulation. For nontariffed services or noncommon carriers, those rates are not treated as set by law or regulation, and contracting officers must obtain enough data to determine the prices are reasonable.
Applies to: Contracts for telecommunications services awarded by DoD contracting officers
What it requires
- Contracting officers must obtain sufficient data to determine that prices are reasonable in accordance with FAR 15.403-3 or 15.403-4.
Key terms: certified cost or pricing data · common carrier · tariffed services · nontariffed telecommunications services · prices set by regulation
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
(a) Common carriers are not required to submit certified cost or pricing data before award of contracts for tariffed services. Rates or preliminary estimates quoted by a common carrier for tariffed telecommunications services are considered to be prices set by regulation within the provisions of 10 U.S.C. 3703. This is true even if the tariff is set after execution of the contract.
(b) Rates or preliminary estimates quoted by a common carrier for nontariffed telecommunications services or by a noncommon carrier for any telecommunications service are not considered prices set by law or regulation.
(c) Contracting officers shall obtain sufficient data to determine that the prices are reasonable in accordance with FAR 15.403-3 or 15.403-4. See PGI 239.7406 for examples of instances where additional data may be necessary to determine price reasonableness.
← 239.7405 Delegated authority for telecommunications resources. · 239.7407 Type of contract. →
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.