252.239-7000 Protection Against Compromising Emanations.
252.239-7001 Reserved.
252.239-7002 Access.
252.239-7003 Facilities and Services to be Furnished--Common
Carriers.
252.239-7004 Orders for Facilities and Services--Common
Carriers.
252.239-7005 Rates, Charges, and Services--Common Carriers.
252.239-7006 Tariff Information.
252.239-7007 Cancellation or Termination of Orders--Common
Carriers.
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
239.7102-3(a), use the following clause:
PROTECTION AGAINST COMPROMISING EMANATIONS (DEC 1991)
(a) The Contractor
shall provide or use only computer equipment, as specified by the Government,
that has been accredited to meet the appropriate security 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 standard specified by this 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 equipment or systems delivered under this contract satisfy the security
standards specified. The Government may
conduct additional tests—
(1) At the installation site or contractor's
facility.
(2) Notwithstanding the existence of valid
accreditations of equipment 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 clauses, the Contractor shall correct or replace accepted
equipment or systems found to be deficient within one year after proper
installations.
(1) The correction or replacement shall be at no
cost to the Government.
(2) Should a modification to the delivered
equipment be made by the Contractor, the one 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 equipment/systems.
(End of clause)
252.239-7001 Reserved.
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 Facilities and Services to be Furnished--Common
Carriers.
As prescribed in 239.7411(a), use
the following clause:
FACILITIES AND SERVICES TO BE FURNISHED--COMMON CARRIERS
(DEC 1991)
(a) The Contractor
shall furnish any classes of services or facilities that the Contractor offers
or furnishes under published tariffs.
(b) When it is mutually
agreed that the Contractor shall furnish nontariffed services, the Government
shall order them under the Ordering of Facilities and Services clause of this
agreement/contract. These nontariffed
services may include the engineering, installation, alteration, or maintenance
of facilities owned either by the Contractor or the Government, wherever
located.
(c) Upon request of the
Contracting Officer, the Contractor agrees to interconnect its facilities with
any Government-owned or furnished telecommunications equipment, facilities, or
transmission media. The Contractor
shall use established technical criteria for ensuring continuity of service and
traffic without damage to or degradation of commercial facilities.
(End of clause)
252.239-7004 Orders for Facilities and Services--Common
Carriers.
As prescribed in 239.7411(a), use
the following clause:
ORDERS FOR FACILITIES AND SERVICES--COMMON CARRIERS (DEC 1991)
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--Common Carriers.
As prescribed in 239.7411(a), use
the following clause:
RATES, CHARGES, AND SERVICES--COMMON CARRIERS (DEC 1991)
(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--Common Carriers 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--Common
Carriers.
As prescribed in 239.7411(a), use
the following clause:
CANCELLATION OR TERMINATION OF ORDERS--COMMON CARRIERS
(JAN 1997)
(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--Common
Carriers 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 (DEC 1991)
(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 communications service authorization
under 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
(DEC 1991)
(a) All communication
service authorizations (CSAs) issued by ___________________ under Basic
Agreement Number __________, dated __________________, are transferred to this
basic agreement. The CSAs shall
continue in full force and effect as though placed under this agreement.
(b) Communication
service authorizations currently in effect which were issued by the activity in
paragraph (a) of this clause under other agreements with the Contractor may
also be transferred to this agreement.
(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)