52.239-9000 Outage Credits.

As prescribed in DARS 239.7411(e), use the following clause:

OUTAGE CREDITS (FEBRUARY 2006)

(a) Credits for outage (interruption) of service will be provided to the Government by the contractor in accordance with its tariff provisions. In the event such tariff provisions do not exist, the following schedule shall be used to determine the credit (one day equals 1/30th of the Monthly Recurring Charge (MRC)) due the Government during each monthly billing period:

INTERRUPTIONS OF 24 HOURS OR LESS

Less than 30 Minutes None

30 Minutes but less than 3 Hours 1/8 Day

3 Hours but less than 6 Hours 1/4 Day

6 Hours but less than 9 Hours 1/3 Day

9 Hours but less than 12 Hours 1/2 Day

12 Hours but less than 24 Hours One Day

INTERRUPTIONS OVER 24 HOURS

Credit of 1/30th of the MRC (or the foreign dollar equivalent) for each day of outage until service is restored.

(b)  Outage credits do not apply for:

1)  Interruptions caused by the negligence of the Government or others authorized by the Government to use the Government's service.

2)  Interruptions due to the failure of power, equipment, systems or connections not provided by Contractor or subcontractors.

3)  Interruptions during any period when the Government or User has released a private line service for maintenance or rearrangement purposes, or for the implementation of a Government order.

4)  Interruptions that continue because of the Government's failure to authorize replacement of any element of special construction. The period for which credit is not allowed begins on the seventh day after the Government receives the contractor's written notification of the need for such replacement. It ends on the day after receipt of the Government's written authorization for such replacement.

5)  Interruptions during periods when the Government elects not to release the private line service for testing and/or repair.

6)  An interruption, or group of interruptions, resulting from a common cause, for amounts less than $1.00 (or the foreign dollar equivalent).

(c)  Outage credits will be due no later than the next Billing Cycle/Month following the outage. Each credit will identify the Communication Service Authorization (CSA) and Commercial Circuit Number (CCN) as well as the time, date and duration of the outage/outages.

(End of clause)