AFSOC ACTS CONTRACT CLAUSES

This PO is in support of a U.S. Government contract.

Unless otherwise stated, references to “Government” shall be deemed to mean “Delaware Resource Group of Oklahoma, LLC”; references to “Contracting Officer”, “Administrative Contracting Officer” and “ACO” shall be deemed to mean “Delaware Resource Group of Oklahoma, LLC’s Procurement Representative”; references to “Contractor” shall be deemed to mean “Vendor”.

The clauses referenced below are incorporated herein by reference, with the same force and effect as if they were given in full text, and are applicable, including any notes following the clause citation, to this PO. If the date or substance of any of the clauses listed below is different from the date or substance of the clause actually incorporated in the Prime Contract FA8621-18-F-6251 the date or substance of the clause incorporated by said Prime Contract shall apply instead.

The Contracts Disputes Act shall have no application to this PO, and nothing in this PO grants Vendor a direct claim or cause of action against the U.S. Government. Any reference to a "Disputes" clause shall mean the disputes clause of the Purchasing Terms Document.

Vendor shall include in each lower-tier subcontract the appropriate flow down clauses as required by the clauses included in this PO. Additional contract clauses and other terms and conditions may be unilaterally inputted when required.

The following clauses apply to this PO:

FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010)

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

52.204-2 SECURITY REQUIREMENTS (AUG 1996)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (OCT 2016)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT 2015)

52.211-5 MATERIAL REQUIREMENTS (AUG 2000)

52.215-2 AUDIT AND RECORDS-NEGOTIATION (OCT 2010)

52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA (AUG 2011)

52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA - MODIFICATIONS (AUG 2011)

52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA (OCT 2010)

52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA - MODIFICATIONS (OCT 2010)

52.215-14 INTEGRITY OF UNIT PRICES (OCT 2010)

52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS (OCT 2010) Communication/notification required under this clause from/to Vendor to/from the Contracting Officer shall be through DRG.

52.215-17 WAIVER OF FACILITIES CAPITAL COST OF MONEY (OCT 1997)

52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POST-RETIREMENT BENEFITS (PRB) OTHER THAN PENSIONS (JUL 2005)

52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA (OCT 2010)

52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA - MODIFICATIONS (OCT 2010)

52.215-23 LIMITATION ON PASS-THROUGH CHARGES (OCT 2009)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

52.222-26 EQUAL OPPORTUNITY (SEP 2016) (Note 8 applies.)

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUL 2014)

52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)

52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015)

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)

52.223-7 NOTICE OF RADIOACTIVE MATERIALS (JAN 1997)

52.223-11 OZONE-DEPLETING SUBSTANCES (JUN 2016)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011)

52.225-1 BUY AMERICAN ACT -- SUPPLIES (MAY 2014)

52.225-5 TRADE AGREEMENTS (OCT 2016)

52.225-8 DUTY FREE ENTRY (OCT 2010)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (DEC 2007)

52.227-10 FILING OF PATENT APPLICATIONS-CLASSIFIED SUBJECT MATTER (DEC 2007)

52.227-11 PATENT RIGHTS-OWNERSHIP BY THE CONTRACTOR (MAY 2014)

52.228-5 INSURANCE -- WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.230-2 COST ACCOUNTING STANDARDS (OCT 2015)

52.230-3 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES (OCT 2015)

52.230-6 ADMINISTRATION OF COST ACCOUNTING STANDARDS (JUN 2010)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)
Applies if Vendor is a small business concern. This clause does not apply if DRG does not receive accelerated payments under the prime contract.

52.234-1 INDUSTRIAL RESOURCES DEVELOPED UNDER DEFENSE PRODUCTION ACT TITLE III (SEP 2016)

52.242-13 BANKRUPTCY (JUL 1995)

52.242-15 STOP-WORK ORDER (AUG 1989)

52.243-1 CHANGES - FIXED PRICE (AUG 1987) ALT. II a

52.243-6 CHANGE ORDER ACCOUNTING (APR 1984)

52.244-5 COMPETITION IN SUBCONTRACTING (DEC 1996)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (NOV 2017)

52.245-1 GOVERNMENT PROPERTY (JAN 2017) (ALT I) (APR 2012) "Contracting Officer" means "DRG" except in the definition of Property Administrator and in paragraphs (h)(1)(iii) where it is unchanged, and in paragraphs (c) and (h)(4) where it includes DRG. "Government" is unchanged in the phrases "Government property" and "Government furnished property" and where elsewhere used except in paragraph (d)(1) where it means "DRG" and except in paragraphs (d)(2) and (g) where the term includes DRG. The following is added as paragraph (n) "Vendor shall provide to DRG immediate notice if the Government or other customers (i) revokes its assumption of loss under any direct contracts with Vendor, or (ii) makes a determination that Vendor’s property management practices are inadequate, and/or present an undue risk, or that Vendor has failed to take corrective action when required."

52.246-2 INSPECTION OF SUPPLIES - FIXED PRICE (AUG 1996)

52.247-63 PREFERENCE FOR U.S.-FLAG AIR CARRIERS (JUN 2003)

52.247-64 PREFERENCE FOR PRIVATELY OWNED U.S. FLAG COMMERCIAL VESSELS (FEB 2006)

52.248-1 VALUE ENGINEERING (OCT 2010) Government shall be unchanged in (c)(5) and insert “and DRG” after Government in paragraphs (c)(5). In paragraph (m) "Government is unchanged." Also, "Government" does not mean "DRG" in the phrase "Government costs."

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012) Insert Government or DRG the first time "Government" appears in paragraphs (b)(4) and (b)(6), it applies to all of paragraph (b)(8) and it applies to the second time "Government" appears in paragraph (d). In paragraph (n) “Government" means "DRG and the Government". In paragraph (c) "120 days" is changed to "45 days." In paragraph (d) "15 days" is changed to "40 days," and "45 days" is changed to "65 days. "In paragraph (e) "1 year" is changed to "4 months." Paragraph (j) is deleted. In paragraph (l) "90 days" is changed to "30 days." Settlements and payments under this clause may be subject to the approval of the Contracting Officer.

52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984) Government shall remain Government in paragraph (c). Insert “or DRG” after Government the second and third time "Government" appears in paragraph (e). Timely performance is a material element of this Contract.

DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES

252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE CONTRACT-RELATED FELONIES (DEC 2008) The terms "contract," "contractor," and "subcontract" shall not change in meaning in paragraphs (a) and (d). Delete paragraph (g). In paragraph (e), the remedies described in subparagraphs (2) and (3) are available to DRG not the Government. In paragraph (f), Communication/notification required under this clause from/to Vendor to/from the Contracting Officer shall be through DRG.

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013)

252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012)

252.203-7004 DISPLAY OF FRAUD HOTLINE POSTER(S) (OCT 2016)

252.204-7009 LIMITATIONS ON THE USE AND DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT INFORMATION (OCT 2016)

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (OCT 2016)

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT (MAY 2016)

252.211-7000 ACQUISITION STREAMLINING (OCT 2010)

252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016) All reports required to be submitted under this clause shall be submitted to DRG. "Government" means DRG" except in the definition of "issuing agency" in paragraph (a).

252.215-7000 PRICING ADJUSTMENTS (DEC 2012)

252.222-7006 RESTRICTION ON THE USE OF MANDATORY ARBITRATION AGREEMENTS (DEC 2010) The certification in paragraph (b)(2) applies to both Vendor in its own capacity and to Vendor’s covered subcontractors.

252.223-7001 HAZARD WARNING LABELS (DEC 1991)

252.223-7002 SAFETY PRECAUTIONS FOR AMMUNITION AND EXPLOSIVES Delete "prime" in (g)(1)(ii) and add "and DRG Procurement Representative." Delete in (g)(1)(ii) "substituting its name for references to the Government."

252.223-7003 CHANGE IN PLACE OF PERFORMANCE - AMMUNITION AND EXPLOSIVES (DEC 1991) Insert "or DRG" after "Government" throughout this clause.

252.223-7007 SAFEGUARDING SENSITIVE CONVENTIONAL ARMS, AMMUNITION, AND EXPLOSIVES (SEP 1999)

252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JUN 2013)

252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM (DEC 2017)

252.225-7007 PROHIBITION ON ACQUISITION OF UNITED STATES MUNITIONS LIST ITEMS FROM COMMUNIST CHINESE MILITARY COMPANIES (SEP 2006)

252.225-7009 RESTRICTION ON ACQUISITION OF CERTAIN ARTICLES CONTAINING SPECIALTY METALS (OCT 2014)
Paragraph (d) is deleted.

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2017)

252.225-7013 DUTY-FREE ENTRY (MAY 2016)

252.225-7016 RESTRICTION ON ACQUISITION OF BALL AND ROLLER BEARINGS (JUN 2011)

252.225-7021 TRADE AGREEMENTS (DEC 2017)

252.225-7033 WAIVER OF UNITED KINGDOM LEVIES (APR 2003)

252.225-7043 ANTI-TERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES (JUN 2015)

252.225-7048 EXPORT-CONTROLLED ITEMS (JUN 2013)

252.227-7013 RIGHTS IN TECHNICAL DATA -- NONCOMMERCIAL ITEMS (FEB 2014)

252.227-7014 RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL COMPUTER SOFTWARE DOCUMENTATION (FEB 2014)

252.227-7015 TECHNICAL DATA -- COMMERCIAL ITEMS (FEB 2014)

252.227-7019 VALIDATION OF ASSERTED RESTRICTIONS - COMPUTER
SOFTWARE (SEP 2016)

252.227-7025 LIMITATIONS ON THE USE OR DISCLOSURE OF GOVERNMENT-FURNISHED INFORMATION MARKED WITH RESTRICTIVE LEGENDS (MAY 2013) For paragraph (c)(1), insert "and DRG" after "Government".

252.227-7026 DEFERRED DELIVERY OF TECHNICAL DATA OR COMPUTER SOFTWARE (APR 1988)

252.227-7027 DEFERRED ORDERING OF TECHNICAL DATA OR COMPUTER SOFTWARE (APR 1988)

252.227-7028 TECHNICAL DATA OR COMPUTER SOFTWARE PREVIOUSLY DELIVERED TO THE GOVERNMENT (JUN 1995)
The definitions for "contract" and "subcontract" shall not apply herein, except for the first reference to contract. Insert "or DRG" after "Government" throughout this clause.

252.227-7030 TECHNICAL DATA - WITHHOLDING OF PAYMENT (MAR 2000) Insert "or DRG" after "Government" throughout (b).

252.227-7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA (SEP 2016)

252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991)

252.235-7003 FREQUENCY AUTHORIZATION - BASIC (MAY 2014) (Applies if this

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013)

252.246-7003 NOTIFICATION OF POTENTIAL SAFETY ISSUES (JUN 2013)

252.246-7007 CONTRACTOR COUNTERFEIT ELECTRONIC PART DETECTION AND AVOIDANCE SYSTEM (AUG 2016) Paragraphs (a) through (e) apply. In paragraph (c)(2) insert "and DRG" after "Government". In paragraph (c)(6) insert "and DRG" after "Contracting Officer".

252.246-7008 SOURCES OF ELECTRONIC PARTS (DEC 2017)

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA - BASIC (APR 2014)

252.247-7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (MAR 2000)

252.249-7002 NOTIFICATION OF ANTICIPATED CONTRACT TERMINATION OR REDUCTION (OCT 2015)
Delete paragraph (d) (1) and the first five words of paragraph (d) (2).

Purchasing AFSOC ACTS Flow Downs Rev. 0 – 11/5/2020