(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 (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 (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.
(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 (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 (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.
252239.docx