T-38 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 FA8621-22-F-6280 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:
DPAS Rating: DO-A1
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)
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNATIONAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017).
52.204-02 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)
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE OR EQUIPMENT (NOV 2021)
52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)
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)
52.215-02 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)
52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA--MODIFICATIONS (OCT 2010)
52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA--MODIFICATIONS (OCT 2010) -ALTERNATE IV (OCT 2010)
52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES (OCT 2009)
52.222-19 CHILD LABOR--COOPERATION WITH AUTHORITIES AND REMEDIES (OCT 2016)
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)
52.222-40 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 (AUG 2013)
52.223-03 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)
52.223-05 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)
52.223-06 DRUG-FREE WORKPLACE (MAY 2001)
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)
52.227-19 COMMERCIAL COMPUTER SOFTWARE LICENSE (DEC 2007)
Para (c) Government contract number ' FA8621-22-F-6280 '
52.228-05 INSURANCE -- WORK ON A GOVERNMENT INSTALLATION (JAN 1997)
52.228-07 INSURANCE -- LIABILITY TO THIRD PERSONS (MAR 1996)
Applicable only with cost reimbursable line items
52.229-03 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)
52.229-06 TAXES -- FOREIGN FIXED-PRICE CONTRACTS (FEB 2013)
52.230-02 COST ACCOUNTING STANDARDS (MAY 2014)
52.230-06 ADMINISTRATION OF COST ACCOUNTING STANDARDS (JUN 2010)
52.232-01 PAYMENTS (APR 1984)
52.232-11 EXTRAS (APR 1984)
52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)
52.233-01 DISPUTES (MAY 2014) - ALTERNATE I (DEC 1991)
52.233-03 PROTEST AFTER AWARD (AUG 1996) - ALTERNATE I (JUN 1985)
52.233-04 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
52.234-01 INDUSTRIAL RESOURCES DEVELOPED UNDER TITLE III, DEFENSE PRODUCTION ACT (Sep 2016)
52.242-01 NOTICE OF INTENT TO DISALLOW COSTS (APR 1984)
52.242-03 PENALTIES FOR UNALLOWABLE COSTS (MAY 2014)
52.242-04 CERTIFICATION OF FINAL INDIRECT COSTS (JAN 1997)
52.242-13 BANKRUPTCY (JUL 1995)
52.243-01 CHANGES -- FIXED-PRICE (AUG 1987)
52.243-01 CHANGES -- FIXED-PRICE (AUG 1987) - ALTERNATE II (APR 1984)
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)
52.247-01 COMMERCIAL BILL OF LADING NOTATIONS (FEB 2006)
52.247-63 PREFERENCE FOR U.S.-FLAG AIR CARRIERS (JUN 2003)
52.248-01 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."
52.249-02 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012)
Insert “or DRG” the first time "Government" appears in paragraphs (b)(4) and (b)(6), and all of paragraph (b)(8) and 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.
52.249-08 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)
252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016)
252.204-7002 PAYMENT FOR SUBLINE ITEMS NOT SEPARATELY PRICED (Dec 1991)
252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT INFORMATION (Oct 2016)
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (Oct 2016)
252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (OCT 2015)
252.211-7000 ACQUISITION STREAMLINING (OCT 2010)
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).
252.215-7002 COST ESTIMATING SYSTEM REQUIREMENTS (DEC 2012)
252.216-7004 AWARD FEE REDUCTION OR DENIAL FOR JEOPARDIZING THE HEALTH OR SAFETY OF GOVERNMENT PERSONNEL (SEP 2011)
252.217-7015 SAFETY AND HEALTH (DEC 1991)
252.223-7001 HAZARD WARNING LABELS (DEC 1991)
252.223-7006 PROHIBITION ON STORAGE, TREATMENT, AND DISPOSAL OF TOXIC OR HAZARDOUS MATERIALS - BASIC (SEP 2014)
252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JUN 2013)
252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM - BASIC (DEC 2017)
252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM - ALTERNATE I (DEC 2017)
252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (DEC 2017)
252.225-7005 IDENTIFICATION OF EXPENDITURES IN THE UNITED STATES (JUN 2005)
252.225-7008 RESTRICTION ON ACQUISITION OF SPECIALTY METALS (MAR 2013)
252.225-7009 RESTRICTION ON ACQUISITION OF CERTAIN ARTICLES CONTAINING SPECIALTY METALS (JUN 2013)
Paragraph (d) is deleted.
252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2017)
252.225-7016 RESTRICTION ON ACQUISITION OF BALL AND ROLLER BEARINGS (JUN 2011)
252.225-7041 CORRESPONDENCE IN ENGLISH (JUN 1997)
252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES (MAR 2006)
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)
252.227-7025 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)
252.227-7030 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)
252.227-7038 PATENT RIGHTS--OWNERSHIP BY THE CONTRACTOR (LARGE BUSINESS) (JUN 2012)
252.227-7038 PATENT RIGHTS--OWNERSHIP BY THE CONTRACTOR (LARGE BUSINESS) (JUN 2012) - ALTERNATE I (DEC 2007)
252.227-7038 PATENT RIGHTS--OWNERSHIP BY THE CONTRACTOR (LARGE BUSINESS) (JUN 2012) - ALTERNATE II (DEC 2007)
252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991)
252.234-7004 COST AND SOFTWARE DATA REPORTING SYSTEM - BASIC (NOV 2014)
252.246-7003 NOTIFICATION OF POTENTIAL SAFETY ISSUES (JUN 2013)
252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA - BASIC (APR 2014)
AIR FORCE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES
5352.223-9000 ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODS) (NOV 2012)
5352.223-9001 HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (NOV 2012)
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 T-38 ATD Flow Downs Rev. 0 – 07/01/2022