Attachment 1: Terms and Conditions

Attachment 1 - Terms and Conditions
70Z03827QJ0000026
3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items
(HSAR DEVIATION 25-09) (effective November 28, 2025)

(Jul 2023)

The clauses and provisions contained herein are applicable to any order awarded as a result of this solicitation. The terms and conditions set forth herein supersede all other terms and conditions. Acceptance of the order in accordance with (IAW) FAR 12.201 constitutes acceptance of all terms and conditions contained herein.
(a) Provisions
52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (DEVIATION 25-21) (effective November 28, 2025)

(Aug 2025)

52.212-2 Evaluation—Commercial Products and Commercial Services (DEVIATION 25-21) (effective November 28, 2025)

(Aug 2025)

(a) Evaluation Factors. The provision at FAR 52.212-2 Evaluation – Commercial Products and Commercial Services is applicable to this requirement. The Government will award a purchase order resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government utilizing the tradeoff process with the factors listed below. The following factors will be used to evaluate offers and are listed in descending order of importance. Non-price factors, when combined, are more important than price.
Factor 1: Technical Acceptability
Factor 2: Delivery
Factor 3: Price
Factor 1: Technical Acceptability
The Government will assess the information submitted with the offeror’s quotation to determine their ability to provide the items in the solicitation. If the offeror does not provide the items below, they will not be considered for award.
The offeror shall provide the following with their offer: 1. The manufacturer CAGE code for the items being quoted MUST be provided. 2. All parts shall be NEW approved parts. “New Surplus” will be considered with traceability to the OEM and approval from Medium Range Recovery (MRR) Engineering. If quoting new surplus items, photos of packaging and/or items MUST be included with the quotation for Engineering review.
3. Confirmation that a Certificate of Conformance will be provided in accordance with FAR 52.24615. 4. The FOB Shipping Point (Destination or Origin) and estimated shipping cost if FOB Origin. All quotes will be considered FOB Destination unless FOB Origin is clearly stated, and shipping costs are included.

Attachment 1 - Terms and Conditions