This PO is in support of a U.S. Government contract. If this Contract contains a DPAS rating, this Contract is a “rated order” certified for national defense, emergency preparedness, and energy program use, and all the requirements of the Defense Priorities and Allocation System Regulation shall be followed (15 C.F.R. Part 700).

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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”.

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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 FA8621-21-F-6253 the date or substance of the clause incorporated by said Prime Contract shall apply instead.

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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.

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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.

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The following clauses apply to this PO:

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DPAS Rating: DO-A1

 

A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

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52.245-02, Government Property Installation Operation Services (APR 2012)

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Para (e), List of Government Property. See Section J Attachment 7

 

8. DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES

252.211-7003, Item Unique Identification and Valuation (MAR 2016)

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Par (c)(l )(ii) Items for which the Government's unit acquisition cost is lesss then $5,000 that are identified in the Schedule or the following table:

Contract Line, Subline, or

Exhibit Line Item Number Item Dexcription:

• Critical Parts

• Special tools, test, and support equipment

• Warranty items

• Serially-Managed items

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252.222-7000, RESTRICTIONS ON EMPLOYMENT OF PERSONNEL (MAR 2000)

 

1. The Contractor shall employ, for the purposes of performing that portion of the contract work in Hawaii and Alaska, individuals who are residents thereof and who, in the case of any craft or trade, possess or would be able to acquire promptly the necessary skills to perform the contract.

2. The Contractor shall insert the substance of this clause, including this paragraph (b), in each subcontract awarded under this contract.

 

252.225-7976 Contractor Personnel Performing in Japan (DEVIATION 2018-00019) (AUG 2018)

 

252.251-7000, Ordering from Government Supply Services (APR 2012)

Para (f), Contractors address is CAE USA INC.

SIMULATION PRODUCTS DIVISION 4908 TAMPA W BLVD

TAMPA, FL. 33634

 

Para (f), Government remittance address is DFAS Columbus

P.O. Box 182317

Columbus, OH 43218:

 

C. AIR FORCE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES

 

5352.204-9000 NOTIFICATION OF GOVERNMENT SECURITY ACTIVITY AND VISITOR GROUP SECURITY AGREEMENTS (OCT 2017)

This contract contains a DD Form 254, DOD Contract Security Classification Specification, and requires performance at a government location in the U.S. or overseas. Prior to beginning operations involving classified information on an installation identified on the DD Form 254, the contractor shall take the following actions:

 

1. At least thirty days prior to beginning operations, notify the Information Protection Office shown in the distribution block of the DD Form 254 as to:

 

1. The name, address, and telephone number of this contract company's representative and designated alternate in the U.S. or overseas area, as appropriate;

(2) The contract number and military contracting command;

 

(3) The highest classification category of defense information to which contractor employees will have access;

 

(4) The Air Force installations in the U.S. (in overseas areas, identify only the APO number(s)) where the contract work will be performed;

 

(5) The date contractor operations will begin on base in the U.S. or in the overseas area;

 

1. The estimated completion date of operations on base in the U.S. or in the overseas area;and,

 

1. Any changes to information previously provided under this clause.

This requirement is in addition to visit request procedures contained in DoDM 5220.22, National Industrial Security Program: Procedures for Government Activities Relating lo Foreign Ownership,Control, or Influence (FOCI).

 

Task Order: FA8621-21-F-6253

Attachment 03 - Contract Clauses

10 December 2020

 

1. Prior to beginning operations involving classified information on an installation identified on theDD Form 254, the contractor shall enter into a Visitor Group Security Agreement (or understanding) with the installation commander to ensure that the contractor's security procedures are properly integrated with those of the installation. As a minimum, the agreement shall identify the security actions that will be performed:

   1. By the installation for the contractor, such as providing storage and classified reproduction facilities, guard services, security forn1s, security inspections, classified mail services, security badges, visitor control, and investigating security incidents; and

(2) Jointly by the contractor and the installation, such as packaging and addressing classified transmittals; security checks, internal security controls, and implementing emergency procedures to protect classified material.

(End of Clause)

 

 

 

5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV

2012)

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1. The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or

 

prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

 

1. The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver's license, curren tvehicle registration, valid vehicle insurance certificate, and obtain a vehicle pass.

 

1. During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

 

1. When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AF! 31-IOIAFI 31-501, Integrated Defense, and Personne/Securily Program Management.

 

1. Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

 

1. Failure to comply with these requirements may result in withholding of final payment.

(End of clause)

 

 

TSA Ill H-CLAUSE FILL-IN CLAUSE

 

TSA 111-H00l ASSOCIATE CONTRACTOR AGREEMENT (NOV 2011)

 

1. The Contractor, Contractor's subcontractors and lower tier subcontractors shall enter into Associate Contractor Agreements (ACA) for any portion of the contract requiring joint participation in the accomplishment of the Government's requirement. The agreements shall include the basis for sharing information, data, technical knowledge, expertise, and/or resources essential to the integration of the TBD task order which shall ensure the greatest degree of cooperation for the success of the program to meet the terms of the contract. Associate Contractors are listed in (h) below.

2. ACAs shall include the following general information:

 

1. Identify the associate contractors and their relationships.

 

1. Identify the program involved and the relevant Government contracts of the associate contractors.

 

1. Describe the associate contractor interfaces by general subject matter.

 

1. Specify the categories of information to be exchanged or support to be

provided.

 

1. Include the expiration date (or event) of the ACA.

 

1. Identify potential conflicts between relevant Government contracts and the ACA; include agreements on protection of proprietary data and restrictions on employees.

 

1. A copy of such agreement shall be provided to the Contracting Officer for review before execution of the document by the cooperating contractors.

 

1. Nothing in the foregoing shall affect compliance with the requirements of the clause at TSA III-H0l 9, Organizational Conflict of Interest and/or TSA lll-H020, Organizational Conflict of Interest - Public-Private Partnering.

 

1. The Contractor is not relieved of any contract requirements or entitled to any adjustments to the contract terms because of a failure to resolve a disagreement with an associate contractor.

 

1. Liability for the improper disclosure of any proprietary data contained in or referenced by any agreement shall rest with the parties to the agreement, and not the Government.

2. All costs associated with the agreements are included in the negotiated cost of this contract. Agreements may be amended as required by the Government during the performance of this contract.

 

1. The following contractors are associate contractors with whom agreements are required:

 

 

CONTRACTOR II ADDRESS II PROGRAM CONTRACT

CAE II 4908 Tampa W Blvd, Tampa, FL II Aircrew Training System DRG, LLC II 3220 Quail Springs Pkwy, Oklahoma City, OK II BOSS Northrup Grumman II 2721 Discovery Drive, Orlando, FL II MAF DMO Rockwell Collins 11400 Collins Road NE, Cedar-Rapids, IA II Block 45

(End of Clause)

 

 

 

*TSA III-H002 BASE SUPPORT (NOV 2011)

 

Base support shall be provided by the Government to the Contractor in accordance with this clause. Failure by the Contractor to comply with the requirements of this clause shall release the Government, without prejudice, from its obligation to provide base support by the date(s) required. [f warranted, and if the Contractor has complied with the requirements of this clause, an equitable adjustment shall be made if the Government fails to provide base support by the date(s) required.

 

1. Base support includes Government-controlled working space, material, equipment, services (including automatic data processing), or other support (excluding use of the Defense Switched Network [DSN]) which the Government determines can be made available at, or through. any Air Force installation where this contract shall be performed. All Government property in the possession of the Contractor, provided through the base support clause, shall be used and managed in accordance with the Government Property clauses.

 

1. The Air Force installations providing the support shall be listed in subparagraph (e), and the Government support to be furnished by each installation under this contract shall be listed in subparagraph (f)

 

1. Unless otherwise stipulated in the contract, support shall be provided on a no-charge-for-use basis and the value shall be a part of the Government's contract consideration.

 

1. The Contractor agrees to immediately report (with a copy to the cognizant CAO) inadequacies, defective Government-Furnished Property (GFP), or nonavailability of support stipulated by the contract, together with a recommended plan for obtaining the required support. The Government agrees to determine (within 10 workdays) the validity and extent of the involved requirement and the method by which it shall be fulfilled (e.g., purchase, rental, lease, GFP, etc.). Facilities shall not be purchased under this clause. Additionally, the Contractor (or authorized representative) shall not purchase, or otherwise furnish any base support requirement provided by the clause (or authorize others to do so), without prior written approval of the Contracting Officer regarding the price, terms, and conditions of the proposed purchase, or approval of other arrangements.

 

1. Following are installations where base support will be provided:

 

Base

Location

Key Field ANGB

Meridian, MS

JB McGhee Tyson ANGB

Louisville, TN

Rolan R. Wright ANGB

Salt Lake City, UT

Birmingham ANGB

Birmingham, AL

Lincoln ANGB

Lincoln, NE

Bangor ANGB

Bangor, ME

Pittsburgh ANGB

Coraopolis, PA

JB McGuire-Dix-Lakehurst

Wrightstown, NJ

Gen Mitchell ANGB

Milwaukee, WI

Col Bud Day Field ANGB

Sioux City, IA

JB Pearl Harbor-Hickam ANGB

Honolulu, HI

Sky Harbor ANGB

Phoenix, AZ

Eielson AFB

Fairbanks, AK

Selfridge ANGB

Harrison, MI

Rickenbacker ANGB

Columbus, OH

Forbes Field ANGB

Topeka, KS

Fairchild AFB

Spokane, WA

Scott AFB

Scott AFB, IL

Pease ANGB

Portsmouth, NH

Kirtland AFB

Albuquerque, NM

Randolph AFB

San Antonio, TX

RAF Mildenhall

Bury Saint Edmunds, United Kingdom

Hickam AFB

Honolulu, Hawaii

Altus AFB

Altus, Oklahoma

KadenaAFB

Okinawa, Japan

Grissom AFB

Kokomo, Indiana

March ARB

Riverside Co, California

MacDill AFB

Tampa, Florida

 

1. The Government support to be furnished under this contract is set forth in the baseline Host Base Support Agreement (see Section J, Attachment 6). Because of the nature and location(s) of the work performed, the value of such equipment is undeterminable. The Contractor shall not

 

incur any cost resulting from nonsupport prior to Contracting Officer concurrence in accordance with this clause.

(End of Clause)

 

TSA III-H008 USE OF NON-GOVERNMENT ADVISORS (NOV 2011)

 

This clause is applicable to the TSA III ID/IQ as well as task orders issued under TSA III, as required.

Contractors are advised that technical and cost/price data submitted to the Government in response to this RFP may be released to non-Government advisors for review and analysis. These non-Government advisors will be required to sign non-disclosure statements prior to source selection activities. The non-Government advisor support will be provided by:

Oasis Systems, 4141 Colonel Glenn Hwy #159, Beavercreek, OH 45431

PE Systems, 5100 Springfield St. #400, Beavercreek, OH 45431

Contractors shall complete paragraph (b) below or provide written objection to disclosure as indicated in paragraph (a). If the contractor objects to disclosure of a portion of the proposal, the consent in (b) should be provided for the remainder of the proposal.

(a) Any objection to disclosure shall be provided in writing to the contracting officer within 10 days of issuance of RFP; and shall include a detailed statement of the basis for the objection. The detailed statement shall identify the specific portions of the proposal the contractor objects to disclosure to non-Government advisors. If no objections are received within the 10 day period, the Government will assume there are no objections.

(b) I understand technical and cost/price data submitted to the Government in response to this RFP may be released to non-Government advisors. I consent to release of any (unless objection is provided above) proprietary, confidential, or privileged commercial or financial data provided

by the firm(s) named below in response to this RFP, to non-Government advisors for review and analysis:

 

Firm:

Name (individual authorized to commit firm):

Title:

Date of Execution:

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TSA III-H009 VOLUNTARY PROTECTION PROGRAM (VPP) REQUIREMENTS (NOV 2011)

 

The requirements of this clause are applicable to contractors whose employees work more than 1,000 hours per quarter on a government installation ("applicable contractor"). The Air Force bases listed below are in the process of pursuing VPP recognition or have already been recognized under OSHA Voluntary Protection Program (VPP). VPP impacts all "applicable contractors". The contractor shall ensure its employees and managers have a comprehensive understanding of VPP and full compliance with OSHHA requirements. Detailed information on VPP is available on the OSHA website at <http://www.osha.gov/dcsp/vpp/index.html>. The contractor shall submit Days Away, Restricted and/or Transfer Case incident Rate (DART) and Total Case Incidence Rate (TCIR) and OSHA Form 300A annually to the contracting officer for consolidation and submission as part of the installation's annual VPP Safety and Health management report. TC[R and DART rates shall be submitted by the 15th of January of each year. The contractor's Quality Control Plan shall identify the processes and procedures the contractor will use to track compliance with the Safety and Health Plan and the process and procedures that will be used to correct any violations.

The contractor shall submit a Safety and Health Plan and corresponding site safety checklist to the contracting officer l O days after contract award. This plan shall include appropriate measures to ensure the contractor reacts promptly to investigate, correct, and track alleged safety and health violations and uncontrolled hazards in contractor work areas. The plan shall ( l) demonstrate a management commitment to employee safety and health; (2) identify the application of the safety and health plan to subcontractors; (3) identify the roles and responsibilities of management, supervisors, employees, and safety coordinator; (4) identify applicable safety rules and regulations; (5) include a work site hazard analysis to include baseline hazard reporting procedures; (6) identify first aid and injury procedures; (7) identify procedures for accident investigation and reporting; (8) identify emergency response procedures; and (9) identify the process for tracking controlled hazards in contractor work areas. The contractor shall apply the requirements of the SCR to subcontractors who qualify as "applicable contractors" as defined above.

 

Bases affected are as follows:

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Base Location

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Key Field ANGB

Meridian, MS

JB McGhee Tyson

Louisville, TN

Rolan R. Wright ANGB

Salt Lake City, UT

MacDill AFB

Tampa, FL

Birmingham ANGB

Birmingham, AL

Lincoln ANGB

Lincoln, NE

Bangor ANGB

Bangor, ME

March ARB

Riverside Co, CA

Pittsburgh ANGB

Coraopolis, PA

JB McGuire-Dix-Lakehurst

Wrightstown, NJ

Gen Mitchell ANGB

Milwaukee, WI

Col Bud Day Field ANGB

Sioux City, IA

Mildenhall RAFB

Bury Saint Edmunds, UK

JB Pearl Harbor-Hickam

Honolulu, HI

Sky Harbor ANGB

Phoenix, AZ

Eielson AFB

Fairbanks, AK

Grissom JARB

Kokomo, IN

Selfridge ANGB

Harrison, Ml

Altus AFB

Altus, OK

Rickenbacker ANGB

Columbus, OH

Forbes Field ANGB

Topeka, KS

Fairchild AFB

Spokane, WA

Scott AFB

Scott AFB, IL

Pease ANGB

Portsmouth, NH

Kadena AB

Okinawa, JP

Kirtland AFB

Albuquerque, NM

Randolph AFB

San Antonio, TX

JB McGhee Tyson

Louisville, TN

 

(End of Clause)

 

TSA III-H016 GUARANTEE FOR ON-SITE TRAINING SYSTEM AVAILABILITY RATE (JAN 2012)

 

Guarantee. The contractor hereby guarantees that the on-site aircrew training devices and related systems at Key Field ANGB, JB McGhee Tyson, Rolan R. Wright ANGB, MacDill AFB, Birmingham ANGB, Lincoln ANGB, Bangor ANGB, March ARB, Pittsburgh ANGB, JB McGuire-Dix-Lakehurst, Gen Mitchell ANGB, Col Bud Day Field ANGB, Mildenhall RAFB, JB Perl Harbor-Hickam, Sky Harbor ANGB, Eielson AFB, Grissom JARB, Selfridge ANGB, Altus AFB, Rickenbacker ANGB, Forbes Field ANGB, Fairchild AFB, Scott AFB, Pease ANGB, Kadena AB, Kirtland AFB, Randolph AFB, and JB McGhee Tyson shall provide satisfactory availability. This availability guarantee shall become effective at the end of the initial transition period. The on-site devices shall be maintained and supported in a manner that provides an availability of the percentage indicated per task order for required training. The equipment shall be maintained in a fully mission capable (FMC) condition with repairs made in accordance with the applicable technical documentation. Availability rate determination shall be based on device FMC time and successfully completed scheduled and alternate missions as defined in the availability rate equation in the task order PWS. The instructor or operations personnel scheduled for aircrew training shall determine the capability of the training device to meet the scheduled mission (NOTE: Scheduled mission hours include successfully completed demo hours).

 

Availability Disagreements. [n case of a dispute between the contractor and the instructor/trainee regarding credit for a mission, the site CLS Project Officer (PO) will determine whether or not the contractor will be given credit for the mission. If the disagreement cannot be resolved, complete details of the dispute, including any factors that affect the lost mission, shall be documented by the contractor and the instructor trainee, certified by the site CLS PO and provided to the ACO who shall make the final determination.

Monthly Payment. The contractor shall be paid the firm-fixed line item price for meeting the required availability rate per task order and above availability of the training devices, as defined in the task order PWS and within this clause. Failure to achieve the specified percentage of availability shall result in a reduction of the monthly payment using the following criteria and example provided:

 

1. The monthly invoice for any given site shall be paid at l 00% of the monthly FFP amount for each month that the Availability Rate (for BOSS, OFT, and BOWSTS only) is at or above 95% as required by individual task orders. The monthly invoice for any site shall be decremented when the availability rate is 94.9999% or lower, as specified in individual task orders. Each invoice may be reduced by the same percentage that the contractor is below the required availability rate. All payments will be rounded up to the nearest dollar. Such adjustments shall be made in all months when the required operational availability rate is not met.

 

1. Each site stands on its own and each month is calculated on its own. A given site with an Availability Rate (for BOSS, OFT, and BOWSTS only) which falls below 95% cannot be offset by the fact that another site has a monthly Availability Rate at or above 95% or by the fact that

 

prior month Availability Rates for the same site were at or above 95%. Reductions for not maintaining required availability rates will not exceed the monthly FFP amount.

 

(End of Clause)

 

 

TSA III-H025 SURGE SUPPORT (JAN 2019)

 

Task orders may include one or more options for "surge support". Surge support is defined as additional Contractor Logistics Support (CLS), Training System Support Center (TSSC), and/or Instruction support within task order scope which may be required in order to provide support to programs that have been accelerated. The Government will determine the need for surge under each task order and may execute surge capability unilaterally in accordance with the task order's terms and conditions.

 

(End of Clause)

 

Notice: All other applicable ID/IQ clauses are hereby incorporated into this Task Order