DFARS Part 39

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Defense Federal Acquisition Regulation Supplement

TABLE OF CONTENTS

SUBPART 239.70--EXCHANGE OR SALE OF INFORMATION TECHNOLOGY (IT)
239.7000 Scope of subpart.
239.7001 Policy.
239.7002 Conditions for using exchange/sale.
239.7003 Procedures.

SUBPART 239.71--SECURITY AND PRIVACY FOR COMPUTER SYSTEMS
239.7100 Scope of subpart.
239.7101 General.
239.7102 Security against compromising emanations.
239.7102-1 General.
239.7102-2 Validation of TEMPEST compliance.
239.7102-3 Contract clause.

SUBPART 239.72--STANDARDS
239.7200 Scope of subpart.
239.7201 Reserved.
239.7202 Waivers.

SUBPART 239.73--ACQUISITION OF AUTOMATIC DATA PROCESSING EQUIPMENT BY DOD CONTRACTORS
239.7300 Scope of subpart.
239.7301 Applicability.
239.7302 Approvals and screening.
239.7303 Contractor documentation.

SUBPART 239.74--TELECOMMUNICATIONS SERVICES
239.7400 Scope.
239.7401 Definitions.
239.7402 Policy.
239.7403 Regulatory bodies.
239.7404 Foreign carriers.
239.7405 Multiyear contracting authority for telecommunications resources.
239.7406 Cost or pricing data and information other than cost or pricing data.
239.7407 Type of contract.
239.7407-1 General.
239.7407-2 Communication service authorizations (CSAs).
239.7408 Special construction.
239.7408-1 General.
239.7408-2 Applicability of construction labor standards for special construction.

239.7409 Special assembly.
239.7410 Cancellation and termination.
239.7411 Contract clauses.

SUBPART 239.75--APPROPRIATIONS ACT RESTRICTIONS
239.7500 Scope of subpart
239.7501 Major automated information systems restriction.

PART 239 ACQUISITION OF INFORMATION TECHNOLOGY

SUBPART 239.70--EXCHANGE OR SALE OF INFORMATION
TECHNOLOGY (IT)

239.7000 Scope of subpart.
This subpart contains unique DoD procedures for the exchange or sale of information technology using the exchange authority of the General Services Administration (GSA). This subpart only applies to items with an original acquisition cost of $1,000,000 or more.

239.7001 Policy.
Agencies should consider exchange/sale when replacing Government-owned information technology. Exchange/sale is a method of--

239.7002 Conditions for using exchange/sale.

239.7003 Procedures.

Exchange/"Sale" Property
A written administrative determination has been (will
be) made to apply the exchange allowance or proceeds of
"sale" to the acquisition of similar items.

SUBPART 239.71--SECURITY AND PRIVACY FOR COMPUTER SYSTEMS

239.7100 Scope of subpart.
This subpart applies to all acquisitions for computer systems. It covers both security and Privacy Act considerations.

239.7101 General.
Security requirements are in addition to provisions concerning protection of privacy of individuals (see FAR Subpart 24.1).

239.7102 Security against compromising emanations.

239.7102-1 General.

239.7102-2 Validation of TEMPEST compliance.
Include requirements for validation of TEMPEST compliance in Section E (Inspection and Acceptance) of the contract.

.239.7102-3 Contract Clause.
When contracting for computer equipment or systems that are to be used to process classified information, use the clause at 252.239-7000, Protection Against Compromising Emanations.

SUBPART 239.72--STANDARDS

239.7200 Scope of subpart.
This subpart contains guidance for implementing--

239.7201 Reserved.

239.7202 Waivers.

SUBPART 239.73--ACQUISITION OF AUTOMATIC DATA PROCESSING
EQUIPMENT BY DOD CONTRACTORS

239.7300 Scope of subpart.
This subpart prescribes approval requirements for automatic data processing equipment (ADPE) purchased by contractors for use in performing DoD contracts.

239.7301 Applicability.

239.7302 Approvals and screening.

239.7303 Contractor documentation.
Contracting officers may tailor the documentation requirements in paragraphs (a) through (d) of this section.

(iii) Provide an explanation if the selected offer is not the lowest evaluated offer.

SUBPART 239.74--TELECOMMUNICATIONS SERVICES

239.7400 Scope.
This subpart prescribes policy and procedures for acquisition of telecommunications services and maintenance of telecommunications security. Telecommunications services may also meet the definition of information technology.

239.7401 Definitions.
As used in this subpart--

239.7402 Policy.

239.7403 Regulatory bodies.
The FCC and other governmental regulatory bodies publish rules and regulations on the operations of common carriers and prescribe accounting principles to use to establish rates.

239.7404 Foreign carriers.

239.7405 Multiyear contracting authority for telecommunications resources.

Federal Property Management Regulations (FPMR) 101-35.6).
(b) In accordance with FPMR 101-35.6, executive agencies may enter into multiyear contracts for telecommunications resources if--
(1) The agency notifies GSA prior to using GSA's multiyear contracting authority;
(2) The contract life, including options, does not exceed 10 years; and
(3) The agency complies with OMB budget and accounting procedures

239.7406 Cost or pricing data and information other than cost or pricing data.

(a) Common carriers are not required to submit 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. 2306a. 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 information to determine that the prices are reasonable. For example, cost or pricing data, if required in accordance with FAR 15.403-4, or information other than cost or pricing data, if required in accordance with FAR 15.403-3, may be necessary to support the reasonableness of--
(1) Nontariffed services;
(2) Special rates and charges not included in a tariff, whether filed or to be filed;
(3) Special assembly rates and charges;
(4) Special construction and equipment charges;
(5) Contingent liabilities that are fixed at the outset of the service;
(6) Proposed cancellation and termination charges under the clause at 252.239-7007, Cancellation or Termination of Orders--Common Carriers, and reuse arrangements under the clause at 252.239-7008, Reuse Arrangements;
(7) Rates contained in voluntary tariffs filed by nondominant common carriers; or
(8) A tariff, whether filed or to be filed, for new services installed or developed primarily for Governm

239.7407 Type of contract.

239.7407-1 General.
In addition to acquisition methods described in the FAR, the method described in this section may be used to acquire telecommunications services.

239.7407-2 Communication service authorizations (CSAs).
Basic agreements (see FAR 16.702) are used widely in conjunction with communication service authorizations to facilitate award of telecommunications services.

239.7408 Special construction.

239.7408-1 General.

239.7408-2 Applicability of construction labor standards for special construction.

239.7409 Special assembly.

239.7410 Cancellation and termination.

239.7411 Contract clauses.

SUBPART 239.75--APPROPRIATIONS ACT RESTRICTIONS

239.7500 Scope of subpart.
This subpart contains restrictions on the acquisition of information technology, imposed by Defense appropriations acts.

239.7501 Major automated information systems restriction.
Section 8028 of the FY 1992 Defense Appropriations Act (Pub. L. 102-172) and similar sections of the FY 1993, FY 1994, and FY1995 Defense appropriations acts prohibit use of DoD appropriations for acquisition of major automated information systems, unless the systems have successfully completed oversight reviews required by DoD regulations.

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