This text is not in eCFR or DITA. It is extracted from the Revolutionary FAR Overhaul deviation guide for FAR Part 40. The parsed text is a convenience layer; the Source PDF tab is authoritative. Always verify against the official deviation PDF.
As prescribed in 240.373-3(d). See the Prescription tab for the prescribing policy text.
PROTECTION AGAINST COMPROMISING EMANATIONS (OCT 2019)
- (a) The Contractor shall provide or use only information technology, as specified by the Government, that has been accredited to meet the appropriate information assurance requirements of—
- (1) The National Security Agency National TEMPEST Standards (NSTISSAM TEMPEST 1-92, Compromising Emanations Laboratory Test Requirements, Electromagnetics (U)); or
- (2) Other standards specified by this contract, including the date through which the required accreditation is current or valid for the contract.
- (b) Upon request of the Contracting Officer, the Contractor shall provide documentation supporting the accreditation.
- (c) The Government may, as part of its inspection and acceptance, conduct additional tests to ensure that information technology delivered under this contract satisfies the information assurance standards specified. The Government may conduct additional tests—
- (1) At the installation site or contractor's facility; and
- (2) Notwithstanding the existence of valid accreditations of information technology prior to the award of this contract.
- (d) Unless otherwise provided in this contract under the Warranty of Supplies or Warranty of Systems and Equipment clause, the Contractor shall correct or replace accepted information technology found to be deficient within 1 year after proper installations.
- (1) The correction or replacement shall be at no cost to the Government.
- (2) Should a modification to the delivered information technology be made by the Contractor, the 1-year period applies to the modification upon its proper installation.
- (3) This paragraph (d) applies regardless of f.o.b. point or the point of acceptance of the deficient information technology.
Prescription: 240.373-3 Policy and responsibilities
As prescribed in 240.373-3(d). Scope applicability here before applying the clause.
- (d) Contract clause. Insert the clause at 252.239-7000, Protection Against Compromising Emanations, in solicitations and contracts involving information technology that requires protection against compromising emanations. Part 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES
Version history
One version on record, first captured 2026-06-11 15:53:18, effective February 1, 2026.
Prescription: 240.373-3
Prescribing text cropped from the same deviation PDF.
Clause text (pages 55–56)
Rendered from the deviation PDF. Open the full PDF.
