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(Revised November 18, 2013)

 

 



 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.
 252.239-7017 Notice of Supply Chain Risk.
 252.239-7018 Supply Chain Risk.


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)

 

252.239-7017  Notice of Supply Chain Risk.

As prescribed in 239.7306(a), use the following provision:

 

NOTICE OF SUPPLY CHAIN RISK (NOV 2013)

 

      (a)  Definitions.  “Supply chain risk,” as used in this provision, means the risk that an adversary may sabotage, maliciously introduce unwanted function, or otherwise subvert the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of a national security system (as that term is defined at 44 U.S.C. 3542(b)) so as to surveil, deny, disrupt, or otherwise degrade the function, use, or operation of such system.

 

      (b)  In order to manage supply chain risk, the Government may use the authorities provided by section 806 of Pub. L. 111-383. In exercising these authorities, the Government may consider information, public and non-public, including all-source intelligence, relating to an offeror and its supply chain.

 

      (c)  If the Government exercises the authority provided in section 806 of Pub. L. 111-383 to limit disclosure of information, no action undertaken by the Government under such authority shall be subject to review in a bid protest before the Government Accountability Office or in any Federal court.

 

(End of provision)

 

252.239-7018  Supply Chain Risk.

As prescribed in 239.7306(b), use the following clause:

 

SUPPLY CHAIN RISK (NOV 2013)

 

      (a)  Definitions.  As used in this clause–

 

“Information technology” (see 40 U.S.C 11101(6)) means, in lieu of the definition at FAR 2.1, 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 acquired by a contractor incidental to a contract.

 

“Supply chain risk,” means the risk that an adversary may sabotage, maliciously introduce unwanted function, or otherwise subvert the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of a national security system (as that term is defined at 44 U.S.C. 3542(b)) so as to surveil, deny, disrupt, or otherwise degrade the function, use, or operation of such system.

 

      (b)  The Contractor shall maintain controls in the provision of supplies and services to the Government to minimize supply chain risk.

 

      (c)  In order to manage supply chain risk, the Government may use the authorities provided by section 806 of Pub. L. 111-383. In exercising these authorities, the Government may consider information, public and non-public, including all-source intelligence, relating to a Contractor’s supply chain.

 

      (d)  If the Government exercises the authority provided in section 806 of Pub. L. 111-383 to limit disclosure of information, no action undertaken by the Government under such authority shall be subject to review in a bid protest before the Government Accountability Office or in any Federal court.

 

      (e)  The Contractor shall include the substance of this clause, including this paragraph (e), in all subcontracts involving the development or delivery of any information technology, whether acquired as a service or as a supply.

 

(End of clause)

 

 

 

 


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