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  • Question

    Does DOD have a special approval process for this type of equipment (satelite/IT)?


    Answer

    The following response is based solely on the question and background information provided.  As we do not have all the facts particular to your contract, program, and situation, we highly recommend, as applicable, you consult your leadership, contracting officer and/or Legal Office for guidance.

     

    No "special approval" process was identified based on the information provided in your question, however, in considering your requirements for processing this contract action, it is important to determine what terms of reference are appropriate.  For example, the FAR 2.101 definition for "information technology" is stated as the following:

     

    " . any equipment, or interconnected system(s) or subsystem(s) of equipment, that is used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the agency.

     

    (1) For purposes of this definition, equipment is used by an agency if the equipment is used by the agency directly or is used by a contractor under a contract with the agency that requires --

     

    (i) Its use; or

     

    (ii) To a significant extent, its use in the performance of a service or the furnishing of a product.

     

    (2) The term "information technology" includes  computers , ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources.

     

    (3) The term "information technology" does not include any equipment that--

     

    (i) Is acquired by a contractor incidental to a contract; or

     

    (ii) Contains imbedded information technology that is used as an integral part of the product, but the principal function of which is not the acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. For example, HVAC (heating, ventilation, and air conditioning) equipment such as thermostats or temperature control devices, and medical equipment where information technology is integral to its operation, is not information technology."

     

    FAR Part 39 and DFARS Part 239 may be appropriate to your circumstances with respect to the definition of "telecommunications " which is defined at DFARS 239.74 as "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."  A thorough review of FAR Part 39 and DFARS is critical to ensure you have addressed any procedures applicable to your circumstances.

     

    With those definitions in mind, "telecommunications services" has its own definition which may also be appropriate for your requirement.  If so, the policies and procedures at DFARS 239.74 should be followed in conjunction with your own agency level supplements or internal review and approval procedures.

     

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