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FAR and DFARS › DFARS Part 239: Acquisition of Information Technology › Subpart 239.74

DFARS 239.7408-1 General.

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 explains special construction in telecommunications acquisitions, which involves common carriers providing special services or facilities beyond basic service. It directs contracting officers to use this subpart instead of FAR part 36 and to require detailed proposals for special construction. Contractors should understand that special construction costs may include various charges and that the contracting officer must approve these charges before final payment.

Applies to: Acquisitions of telecommunications services involving special construction by common carriers

What it requires

  • When a common carrier submits a proposal or quotation with special construction requirements, the contracting officer shall require a detailed special construction proposal.
  • Analyze all special construction proposals to determine adequacy, disclose excessive or duplicative construction, and provide for the most advantageous form of charge.
  • When possible, analyze and approve special construction charges before receiving the service.
  • Impose a ceiling on special construction costs before authorizing the contractor to proceed if prior approval is not possible.

Key terms: special construction · common carrier · contingent liability · termination liability · tariff

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) Special construction normally involves a common carrier giving a special service or facility related to the performance of the basic telecommunications service requirements.

This may include—

(1) Moving or relocating equipment;

(2) Providing temporary facilities;

(3) Expediting provision of facilities; or

(4) Providing specially constructed channel facilities to meet Government requirements.

(b) Use this subpart instead of FAR part 36 for acquisition of “special construction.”

(c) Special construction costs may be—

(1) A contingent liability for using telecommunications services for a shorter time than the minimum to reimburse the contractor for unamortized nonrecoverable costs. These costs are usually expressed in terms of a termination liability, as provided in the contract or by tariff;

(2) A onetime special construction charge;

(3) Recurring charges for constructed facilities;

(4) A minimum service charge;

(5) An expediting charge; or

(6) A move or relocation charge.

(d) When a common carrier submits a proposal or quotation which has special construction requirements, the contracting officer shall require a detailed special construction proposal. Analyze all special construction proposals to—

(1) Determine the adequacy of the proposed construction;

(2) Disclose excessive or duplicative construction; and

(3) When different forms of charge are possible, provide for the form of charge most advantageous to the Government.

(e) When possible, analyze and approve special construction charges before receiving the service. Impose a ceiling on the special construction costs before authorizing the contractor to proceed, if prior approval is not possible. The contracting officer must approve special construction charges before final payment.

← 239.7408 Special construction. · 239.7408-2 Applicability of construction labor standards for special construction. →

Rule changes for DFARS Part 239

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

DFARS 239.7408-1 General · SpendQuery