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DARS PART 39—ACQUISITION OF INFORMATION TECHNOLOGY



PART 39—ACQUISITION OF INFORMATION TECHNOLOGY

TABLE OF CONTENTS

SUBPART 39.1—GENERAL*

39.101 Policy.

SUBPART 39.2—ELECTRONIC AND INFORMATION TECHNOLOGY

39.201 Scope of subpart.

SUBPART 239.74—TELECOMMUNICATIONS SERVICES

239.7401 Definitions.

239.7407 Type of contract.

239.7411 Contract clauses.

PART 39—ACQUISITION OF INFORMATION TECHNOLOGY

SUBPART 39.1—GENERAL

39.101 Policy.

(S-90) Contracting Officers shall ensure that the Federal Data Procurement System-Next Generation (FPDS-NG) accurately reports Clinger-Cohen Act (CCA) applicability for contract actions as indicated on the Requirements Package Checklist/Certifications & Section 508 Determination located at https://www.ditco.disa.mil/contracts/instruct_docs/Encl1_Rqmnts_ChecklistSection_508.pdf. (See DISAI 610-225-2* dated 8 June 17 and DoDI 5000.02 dated 7 Jan 15)

(S-91) Contracting Officers shall ensure that the Requiring Office obtains appropriate DISA CIO approvals or waivers for contract actions obligating funds for data servers and centers as indicated on the Requirements Package Checklist/Certifications & Section 508 Determination located at https://www.ditco.disa.mil/contracts/instruct_docs/Encl1_Rqmnts_ChecklistSection_508.pdf

(See DISAI 610-225-2* dated 8 June 17 and DoDI 5000.02 dated 7 Jan 15)

SUBPART 39.2—ELECTRONIC AND INFORMATION TECHNOLOGY

39.201 Scope of subpart.

(S-90) Section 508 Compliance. The DoD Section 508 policies are located at http://dodcio.defense.gov/DoDSection508.aspx.

SUBPART 239.74—TELECOMMUNICATIONS SERVICES

239.7401 Definitions.

(S-90) Leasing/provisioning telecommunications circuits means the transmission, emission, or reception of signals, signs, writing, images, sounds, or intelligence of any nature, by wire, cable, satellite, fiber optics, laser, radio, or any other electronic, electric, electromagnetic, or acoustically coupled means (DFARS 239.7401). DITCO has made the determination that leasing/provisioning of telecommunications circuits (commoditized bandwidth) is covered under paragraph (1) of the FAR definition of commercial item in that it is a utility customarily used by the general public or by non-governmental entities for purposes other than governmental purposes, and has been sold, leased, or licensed to the general public; or, has been offered for sale, lease, or license to the general public. Thus, the FAR definition of a commercially available off-the-shelf (COTS) item would also cover leasing telecommunications circuits (commoditized bandwidth).

239.7407 Type of contract.

(S-90) When acquiring telecommunications services using the Inquiry/Quote/Order (IQO) process or communication service authorizations (CSAs), refer to the IQO Acquisition Deskbook located at https://www.ditco.disa.mil/hq/deskbooks.asp.

(S-91) When acquiring telecommunications services, the contracting officer may also use an Indefinite Delivery/Indefinite Quantity (IDIQ) contract in conjunction with communication service authorizations (CSA). PGI 239.7407 (1) and (2) apply when using an IDIQ contract in conjunction with a CSA. Additionally, a CSA change order or discontinue modification may be issued unilaterally if an equitable adjustment in contract/order price or delivery terms has been agreed upon and documented in advance (i.e. completion notice/report, bilateral modification to IDIQ contract). If an equitable adjustment in contract/order price or delivery terms has been agreed upon and documented in advance, only the unilateral CSA change order or discontinue modification is required. The Contractor shall acknowledge the change order or discontinue modification as required by the contract.

239.7411 Contract clauses.

(S-90) Use the clause at DARS 52.239-9000, Outage Credits, in solicitations, contracts and basic agreements for telecommunications services, unless the acquisition requires a more comprehensive outage credit requirement, which is included as a "special contract requirement" (Section H of the solicitation and contract).

(S-91) Use the clause at DARS 52.239-9002, Billing Dates, in all solicitations, contracts, and basic agreements for telecommunications services acquired based on Telecommunication Service Requests (TSRs) or Telecommunication Service Orders (TSOs).

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