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This PGI section supplements: DFARS 239.7406 · FAR 39.7406
The corresponding FAR Part 39 and DFARS Part 239 have been overhauled under the RFO. PGI replacement text is provided in the RFO deviation attachment. View FAR Part 39

Current Content

Examples of instances where certified cost or pricing data, if required in accordance with FAR 15.403-4, or data other than certified cost or pricing data, if required in accordance with FAR 15.403-3, may be necessary to support price reasonableness include—

(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, 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 Government use.

Change History

Detected Type Summary
detected 2026-04-17 [PGI] PGI_MODIFIED PGI 239.7406 updated: 9 lines added, 3 lines removed
View diff
--- previous
+++ current
@@ -1,3 +1,9 @@
-(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.+Examples of instances where certified cost or pricing data, if required in accordance with FAR 15.403-4, or data other than certified cost or pricing data, if required in accordance with FAR 15.403-3, may be necessary to support price reasonableness include--
+(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, 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 Government use.
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