KDAM ATARS 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 FA8621-16-C-6331 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
52.203-06 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

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

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010)

52.204-02 SECURITY REQUIREMENTS (AUG 1996)

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

52.209-06 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (AUG 2013)

52.211-05 MATERIAL REQUIREMENTS (AUG 2000)

52.212-04 CONTRACT TERMS AND CONDITIONS COMMERCIAL ITEMS (May 2015)

52.215-02 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)
Less paragraph (b)

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.

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

52.215-22 LIMITATIONS ON PASS THROUGH CHARGES – IDENTIFICATION OF SUBCONTRACT EFFORTS (OCT 2009)

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

52.222-20 CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND EQUIPMENT EXCEEDING $15,000 (MAY 2014)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

52.222-26 EQUAL OPPORTUNITY (SEPT 2016)

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUL 2014)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (AUG 2013)

52.223-03 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)

52.223-06 DRUG-FREE WORKPLACE (MAY 2001)

52.223-11 OZONE-DEPLETING SUBSTANCES (JAN 2016)

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

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

52.227-01 AUTHORIZATION AND CONSENT (DEC 2007)

52.227-02 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (DEC 2007)

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

52.227-13 PATENT RIGHTS-OWNERSHIP BY THE GOVERNMENT (DEV, 2007)

52.227-14 RIGHTS IN DATA – GENERAL (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)

52.242-13 BANKRUPTCY (JUL 1995)

52.243-01 CHANGES -- FIXED-PRICE (AUG 1987)

52.244-06 SUBCONTRACTS FOR COMMERCIAL ITEMS (AUG 2020)

52.245-01 GOVERNMENT PROPERTY (JAN 2017)
"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."

52.245-01 GOVERNMENT PROPERTY (JAN 2017) - ALTERNATE I (APR 2012)

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

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

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.

252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016)

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

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (OCT 2015)

252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (DEC 2013) 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).

252.225-7009 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)

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

252.227-7014 RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL COMPUTER SOFTWARE DOCUMENTATION (FEB 2014) - ALTERNATE I (JUN 1995)

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

252.227-7016 RIGHTS IN BID OR PROPOSAL INFORMATION (JAN 2011)

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

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.

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

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (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".

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

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).

CLAUSES INCORPORATED IN FULL TEXT

FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES IN FULL TEXT
52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008)
This is a rated order certified for national defense, emergency preparedness, and energy program use, and the Contractor shall follow all the requirements of the Defense Priorities and Allocations System regulation (15 CFR 700).

Purchasing KDAM ATARS Flow Downs Rev. 0 – 11/5/2020