Attachment 1: Terms and Conditions

Attachment 1 - Terms and Conditions
70Z03826QJ0000373
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 of Commercial Items is not applicable to this solicitation. In lieu of this provision, quotes will be evaluated in accordance with FAR 12.203 based on the criteria listed below. Award will be made to the lowest priced, technically acceptable offeror representing the best value to the Government.
Technical Acceptability: Technical Acceptability will be evaluated to determine an overall rating of “acceptable” or “unacceptable”. Technical Acceptability will be evaluated on the ability of the offeror to provide new manufactured commercial items. The United States Coast Guard (USCG) requires the following items on a competitive basis.
Item

Nomenclature
Frame ASSY, MR Pylon

National Stock Number
1560-01-HS2-2319

Part Numbers
PMT-70201-24006-042
PMT70201-24006-042
70201-24006-042

Price: The contractor shall provide pricing as requested. Any quantity price discounts and discounts for prompt payment should be included in this section. The offeror’s quotation will be evaluated using one or more of the techniques defined in FAR 12.204, in order to determine if it is fair and reasonable. Evaluation Method:
Only the lowest priced offer will be evaluated for Technical Acceptability. Should the lowest priced offer not receive an acceptable technical or past performance rating, the process will continue in order of lowest priced offer until the lowest priced, technically acceptable offer is identified. (b) Acceptance of FAR 52.217-6: The contractor shall indicate whether they will accept the inclusion of FAR clause 52.217-6 in any order awarded as a result of this solicitation. If yes, the contractor should