252.239-7000 Protection Against Compromising Emanations.
252.239-7001 Information Assurance Contractor Training and
Certification.
252.239-7002 Access.
252.239-7003 Reserved.
252.239-7004 Orders for Facilities and Services.
252.239-7005 Rates, Charges, and Services.
252.239-7006 Tariff Information.
252.239-7007 Cancellation or Termination of Orders.
252.239-7008 Reuse Arrangements.
252.239-7009 Reserved.
252.239-7010 Reserved.
252.239-7011 Special Construction and Equipment Charges.
252.239-7012 Title to Telecommunication Facilities and Equipment.
252.239-7013 Obligation of the Government.
252.239-7014 Term of Agreement.
252.239-7015 Continuation of Communication Service Authorizations.
252.239-7016 Telecommunications Security Equipment, Devices, Techniques, and
Services.
252.239-7000 Protection Against Compromising Emanations.
As
prescribed in 239.7103(a), use the following clause:
PROTECTION AGAINST
COMPROMISING EMANATIONS (JUN 2004)
(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 (NACSEM No. 5100 or NACSEM No. 5100A, Compromising Emanations
Laboratory Test Standard, 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.
(End of clause)
252.239-7001 Information Assurance Contractor Training and
Certification.
As prescribed in 239.7103(b), use the
following clause:
INFORMATION ASSURANCE CONTRACTOR TRAINING
AND CERTIFICATION
(JAN 2008)
(a) The Contractor shall ensure that personnel
accessing information systems have the proper and current information assurance
certification to perform information assurance functions in accordance with DoD
8570.01-M, Information Assurance Workforce Improvement Program. The Contractor shall meet the applicable
information assurance certification requirements, including—
(1) DoD-approved information assurance workforce
certifications appropriate for each category and level as listed in the current
version of DoD 8570.01-M; and
(2) Appropriate operating system certification
for information assurance technical positions as required by DoD 8570.01-M.
(b) Upon request by the Government, the
Contractor shall provide documentation supporting the information assurance
certification status of personnel performing information assurance functions.
(c) Contractor personnel who do not have proper
and current certifications shall be denied access to DoD information systems
for the purpose of performing information assurance functions.
(End of clause)
252.239-7002
Access.
As prescribed in 239.7411(a), use the following clause:
ACCESS (DEC 1991)
(a) Subject to military security regulations, the
Government shall permit the Contractor access at all reasonable times to
Contractor furnished facilities.
However, if the Government is unable to permit access, the Government at
its own risk and expense shall maintain these facilities and the Contractor
shall not be responsible for the service involving any of these facilities
during the period of nonaccess, unless the service failure results from the
Contractor's fault or negligence.
(b) During periods when the Government does not
permit Contractor access, the Government will reimburse the Contractor at
mutually acceptable rates for the loss of or damage to the equipment due to the
fault or negligence of the Government.
Failure to agree shall be a dispute concerning a question of fact within
the meaning of the Disputes clause of this contract.
(End of clause)
252.239-7003 Reserved.
252.239-7004
Orders for Facilities and Services.
As prescribed in 239.7411(a), use the following clause:
ORDERS FOR FACILITIES AND
SERVICES (NOV 2005)
The Contractor shall acknowledge a communication service authorization
or other type order for supplies and facilities by—
(a) Commencing performance; or
(b) Written acceptance by a duly authorized
representative.
(End of clause)
252.239-7005
Rates, Charges, and Services.
As prescribed in 239.7411(a), use the following clause:
RATES, CHARGES, AND SERVICES
(NOV 2005)
(a) Definition. “Governmental regulatory body” means the
Federal Communications Commission, any statewide regulatory body, or any body
with less than statewide jurisdiction when operating under the state
authority. Regulatory bodies whose
decisions are not subject to judicial appeal and regulatory bodies which
regulate a company owned by the same entity which creates the regulatory body
are not “governmental regulatory bodies.”
(b) The Contractor shall furnish the services and
facilities under this agreement/
contract in accordance with—
(1) All applicable tariffs, rates, charges,
rules, regulations, or requirements;
(i) Lawfully established by a governmental
regulatory body; and
(ii) Applicable to service and facilities
furnished or offered by the Contractor to the general public or the
Contractor's subscribers;
(2) Rates, terms, and conditions of service and
facilities furnished or offered by the Contractor to the general public or the
Contractor's subscribers; or
(3) Rates, terms, and conditions of service as
may be agreed upon, subject, when appropriate, to jurisdiction of a
governmental regulatory body.
(c) The Government shall not prepay for services.
(d) For nontariffed services, the Contractor
shall charge the Government at the lowest rate and under the most favorable
terms and conditions for similar service and facilities offered to any other
customer.
(e) Recurring charges for services and facilities
shall, in each case, start with the satisfactory beginning of service or
provision of facilities or equipment and are payable monthly in arrears.
(f) Subject to the Cancellation or Termination of
Orders clause, of this agreement/contract, the Government may stop the use of
any service or facilities furnished under this agreement/contract at any
time. The Government shall pay the
contractor all charges for services and facilities adjusted to the effective
date of discontinuance.
(g) Expediting charges are costs necessary to get
services earlier than normal. Examples
are overtime pay or special shipment.
When authorized, expediting charges shall be the additional costs
incurred by the Contractor and the subcontractor. The Government shall pay expediting charges
only when—
(1) They are provided for in the tariff
established by a governmental regulatory body; or
(2) They are authorized in a communication
service authorization or other contractual document.
(h) When services normally provided are
technically unacceptable and the development, fabrication, or manufacture of
special equipment is required, the Government may—
(1) Provide the equipment; or
(2) Direct the Contractor to acquire the
equipment or facilities. If the
Contractor acquires the equipment or facilities, the acquisition shall be
competitive, if practicable.
(i) If at any time the Government defers or
changes its orders for any of the services but does not cancel or terminate
them, the amount paid or payable to the Contractor for the services deferred or
modified shall be equitably adjusted under applicable tariffs filed by the
Contractor with the regulatory commission in effect at the time of deferral or
change. If no tariffs are in effect, the
Government and the Contractor shall equitably adjust the rates by mutual
agreement. Failure to agree on any
adjustment shall be a dispute concerning a question of fact within the meaning
of the Disputes clause of this contract.
(End of clause)
252.239-7006
Tariff Information.
As prescribed in 239.7411(a), use the following clause:
TARIFF INFORMATION (JUL 1997)
(a) The Contractor shall provide to the
Contracting Officer—
(1) Upon request, a copy of the Contractor's
current existing tariffs (including changes);
(2) Before filing, any application to a Federal,
State, or any other regulatory agency for new or changes to, rates, charges,
services, or regulations relating to any tariff or any of the facilities or
services to be furnished solely or primarily to the Government; and
(3) Upon request, a copy of all information,
material, and data developed or prepared in support of or in connection with an
application under paragraph (a)(2) of this clause.
(b) The Contractor shall notify the Contracting
Officer of any application that anyone other than the Contractor files with a
governmental regulatory body which affects or will affect the rate or
conditions of services under this agreement/contract. These requirements also apply to applications
pending on the effective date of this agreement/contract.
(End of clause)
252.239-7007
Cancellation or Termination of Orders.
As prescribed in 239.7411(a), use the following clause:
CANCELLATION OR TERMINATION
OF ORDERS (NOV 2005)
(a) If the Government cancels any of the services
ordered under this agreement/
contract, before the services are made available to the Government, or
terminates any of these services after they are made available to the
Government, the Government shall reimburse the Contractor for the actual
nonrecoverable costs the Contractor has reasonably incurred in providing
facilities and equipment for which the Contractor has no foreseeable reuse.
(b) The amount of the Government's liability upon
cancellation or termination of any of the services ordered under this
agreement/contract will be determined under applicable tariffs governing
cancellation and termination charges which—
(1) Are filed by the Contractor with a
governmental regulatory body, as defined in the Rates, Charges, and Services
clause of this agreement/contract;
(2) Are in effect on the date of termination; and
(3) Provide specific cancellation or termination
charges for the facilities and equipment involved or show how to determine the
charges.
(c) The amount of the Government's liability upon
cancellation or termination of any of the services ordered under this
agreement/contract, which are not subject to a governmental regulatory body,
will be determined under a mutually agreed schedule in the communication
services authorization (CSA) or other contractual document.
(d) If no applicable tariffs are in effect on the
date of cancellation or termination or set forth in the applicable CSA or other
contractual document, the Government's liability will be determined under the
following settlement procedures—
(1) The Contractor agrees to provide the
Contracting Officer, in such reasonable detail as the Contracting Officer may require,
inventory schedules covering all items of property or facilities in the
Contractor's possession, the cost of which is included in the Basic
Cancellation or Termination Liability for which the Contractor has no
foreseeable reuse.
(2) The Contractor shall use its best efforts to
sell property or facilities when the Contractor has no foreseeable reuse or
when the Government has not exercised its option to take title under the Title
to Telecommunications Facilities and Equipment clause of this agreement/contract. The Contractor shall apply any proceeds of
the sale to reduce any payments by the Government to the Contractor under a
cancellation or termination settlement.
(3) The Contractor shall record actual
nonrecoverable costs under established accounting procedures prescribed by the
cognizant governmental regulatory authority or, if no such procedures have been
prescribed, under generally accepted accounting procedures applicable to the
provision of telecommunication services for public use. (4) The
actual nonrecoverable costs are the installed costs of the facilities and
equipment, less cost of reusable materials, and less net salvage value. Installed costs shall include the actual cost
of equipment and materials specifically provided or used, plus the actual cost
of installing (including engineering, labor, supervision, transportation,
rights-of-way, and any other items which are chargeable to the capital accounts
of the Contractor) less any costs the Government may have directly reimbursed
the Contractor under the Special Construction and Equipment Charges clause of
this agreement/contract. Deduct from the
Contractor's installed cost, the net salvage value (salvage value less cost of
removal). In determining net salvage
value, give consideration to foreseeable reuse of the facilities and equipment
by the Contractor. Make allowance for
the cost of dismantling, removal, reconditioning, and disposal of the
facilities and equipment when necessary either to the sale of facilities or
their reuse by the Contractor in another location.
(5) The Basic Cancellation Liability is defined
as the actual nonrecoverable cost which the Government shall reimburse the
Contractor at the time services are cancelled.
The Basic Termination Liability is defined as the nonrecoverable cost
amortized in equal monthly increments throughout the liability period. Upon termination of services, the Government
shall reimburse the Contractor for the nonrecoverable cost less such costs
amortized to the date services are terminated.
Establish the liability period as mutually agreed to but not to exceed
ten years.
(6) When the Basic Cancellation or Termination
Liability established by the CSA or other contractual document is based on
estimated costs, the Contractor agrees to settle on the basis of actual cost at
the time of termination or cancellation.
(7) The Contractor agrees that, if after
settlement but within the termination liability period of the services, should
the Contractor make reuse of equipment or facilities which were treated as
nonreusable or nonsalvable in the settlement, the Contractor shall reimburse
the Government for the value of the equipment or facilities.
(8) The Contractor agrees to exclude—
(i) Any costs which are not included in determining
cancellation and termination charges under the Contractor's standard practices
or procedures; and
(ii) Charges not ordinarily made by the Contractor
for similar facilities or equipment, furnished under similar circumstances.
(e) The Government may, under such terms and
conditions as it may prescribe, make partial payments and payments on account
against costs incurred by the Contractor in connection with the cancelled or
terminated portion of this agreement/
contract. The Government may make these
payments if in the opinion of the Contracting Officer the total of the payments
is within the amount the Contractor is entitled. If the total of the payments is in excess of
the amount finally agreed or determined to be due under this clause, the
Contractor shall pay the excess to the Government upon demand.
(f) Failure to agree shall be a dispute concerning a question of fact
within the meaning of the Disputes clause.
(End of clause)
252.239-7008 Reuse Arrangements.
As prescribed in 239.7411(a), use the following clause:
REUSE ARRANGEMENTS (DEC 1991)
(a) When feasible, the Contractor shall reuse
cancelled or terminated facilities or equipment to minimize the charges to the
Government.
(b) If at any time the Government requires that telecommunications
facilities or equipment be relocated within the Contractor's service area, the
Government shall have the option of paying the costs of relocating the
facilities or equipment in lieu of paying any termination or cancellation
charge under the Cancellation or Termination of Orders¾Common
Carriers clause of this agreement/contract.
The Basic Termination Liability applicable to the facilities or
equipment in their former location shall continue to apply to the facilities
and equipment in their new location.
Monthly rental charges shall continue to be paid during the period.
(c) When there is another requirement or
foreseeable reuse in place of cancelled or terminated facilities or equipment,
no charge shall apply and the Basic Cancellation or Termination Liability shall
be appropriately reduced. When feasible,
the Contractor shall promptly reuse discontinued channels or facilities,
including equipment for which the Government is obligated to pay a minimum
service charge.
(End of clause)
252.239-7009 Reserved.
252.239-7010 Reserved.
252.239-7011
Special Construction and Equipment Charges.
As prescribed in 239.7411(b), use the following clause:
SPECIAL CONSTRUCTION AND
EQUIPMENT CHARGES (DEC 1991)
(a) The Government will not directly reimburse
the Contractor for the cost of constructing any facilities or providing any
equipment, unless the Contracting Officer authorizes direct reimbursement.
(b) If the Contractor stops using facilities or
equipment which the Government has, in whole or part, directly reimbursed, the
Contractor shall allow the Government credit for the value of the facilities or
equipment attributable to the Government's contribution. Determine the value of the facilities and
equipment on the basis of their foreseeable reuse by the Contractor at the time
their use is discontinued or on the basis of the net salvage value, whichever
is greater. The Contractor shall
promptly pay the Government the amount of any credit.
(c) The amount of the direct special construction
charge shall not exceed—
(1) The actual costs to the Contractor; and
(2) An amount properly allocable to the services
to be provided to the Government.
(d) The amount of the direct special construction
charge shall not include costs incurred by the Contractor which are covered by—
(1) A cancellation or termination liability; or
(2) The Contractor's recurring or other
nonrecurring charges.
(e) The Contractor represents that—
(1) Recurring charges for the services,
facilities, and equipment do not include in the rate base any costs that have
been reimbursed by the Government to the Contractor; and
(2) Depreciation charges are based only on the
cost of facilities and equipment paid by the Contractor and not reimbursed by
the Government.
(f) If it becomes necessary for the Contractor to
incur costs to replace any facilities or equipment, the Government shall assume
those costs or reimburse the Contractor for replacement costs at mutually
acceptable rates under the following circumstances—
(1) The Government paid direct special
construction charges; or
(2) The Government reimbursed the Contractor for
those facilities or equipment as a part of the recurring charges; and
(3) The need for replacement was due to circumstances
beyond the control and without the fault of the Contractor.
(g) Before incurring any costs under paragraph
(f) of this clause, the Government shall have the right to terminate the
service under the Cancellation or Termination of Orders clause of this
contract.
(End of clause)
252.239-7012
Title to Telecommunication Facilities and Equipment.
As prescribed in 239.7411(b), use the following clause:
TITLE TO TELECOMMUNICATION
FACILITIES AND EQUIPMENT (DEC 1991)
(a) Title to all Contractor furnished facilities
and equipment used under this agreement/contract shall remain with the
Contractor even if the Government paid the costs of constructing the facilities
or equipment. A mutually accepted
communications service authorization may provide for exceptions.
(b) The Contractor shall operate and maintain all
telecommunication facilities and equipment used under this agreement/contract
whether the Government or the Contractor has title.
(End of clause)
252.239-7013
Obligation of the Government.
As prescribed in 239.7411(c), use the following clause:
OBLIGATION OF THE GOVERNMENT
(JUL 2006)
(a) This basic agreement is not a contract. The Government incurs no monetary liability
under this agreement.
(b) The Government incurs liability only upon
issuance of a communication service authorization, which is the contract and
incorporates the terms of this agreement.
(End of clause)
252.239-7014
Term of Agreement.
As prescribed in 239.7411(c), use the following clause:
TERM OF AGREEMENT (DEC 1991)
(a) This agreement shall continue in force from
year to year, unless terminated by either party by 60 days written notice.
(b) Termination of this agreement does not cancel
any communication service authorizations previously issued.
(End of clause)
252.239-7015
Continuation of Communication Service Authorizations.
As prescribed in 239.7411(c), use the following clause:
CONTINUATION OF COMMUNICATION
SERVICE AUTHORIZATIONS
(JUL 2006)
(a) All communication service authorizations
issued by ___________________ incorporating Basic Agreement Number __________,
dated __________________, are modified to incorporate this basic
agreement.
(b) Communication service authorizations
currently in effect which were issued by the activity in paragraph (a) of this
clause incorporating other agreements with the Contractor may also be modified
to incorporate this agreement.
(c) This basic agreement is not a contract.
(End of clause)
252.239-7016
Telecommunications Security Equipment, Devices, Techniques, and
Services.
As prescribed in 239.7411(d), use the following clause:
TELECOMMUNICATIONS SECURITY
EQUIPMENT, DEVICES, TECHNIQUES, AND SERVICES (DEC 1991)
(a) Definitions. As used in this clause—
(1) “Securing” means the application of Government-approved
telecommunications security equipment, devices, techniques, or services to
contractor telecommunications systems.
(2) “Sensitive information” means any information
the loss, misuse, or modification of which, or unauthorized access to, could adversely
affect the national interest or the conduct of Federal programs, or the privacy
to which individuals are entitled under 5 U.S.C. 552a (the Privacy Act), but
which has not been specifically authorized under criteria established by an
Executive Order or Act of Congress to be kept secret in the interest of
national defense or foreign policy.
(3) “Telecommunications systems” means voice,
record, and data communications, including management information systems and
local data networks that connect to external transmission media, when employed
by Government agencies, contractors, and subcontractors to transmit—
(i) Classified or sensitive information;
(ii) Matters involving intelligence activities,
cryptologic activities related to national security, the command and control of
military forces, or equipment that is an integral part of a weapon or weapons
system; or
(iii) Matters critical to the direct fulfillment of
military or intelligence missions.
(b) This solicitation/contract identifies
classified or sensitive information that requires securing during
telecommunications and requires the Contractor to secure telecommunications
systems. The Contractor agrees to secure
information and systems at the following location: (Identify the location.)
(c) To provide the security, the Contractor shall
use Government-approved telecommunications equipment, devices, techniques, or
services. A list of the approved
equipment, etc. may be obtained from (identify where list can be
obtained). Equipment, devices,
techniques, or services used by the Contractor must be compatible or
interoperable with (list and identify the location of any telecommunications
security equipment, device, technique, or service currently being used by the
technical or requirements organization or other offices with which the
Contractor must communicate).
(d) Except as may be provided elsewhere in this
contract, the Contractor shall furnish all telecommunications security
equipment, devices, techniques, or services necessary to perform this
contract. The Contractor must meet
ownership eligibility conditions for communications security equipment
designated as controlled cryptographic items.
(e) The Contractor agrees to include this clause,
including this paragraph (e), in all subcontracts which require securing
telecommunications.
(End of clause)