Attachment 1: Terms and Conditions

Attachment 1 - Terms and Conditions
70Z03827QJ0000017
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 (Aug 2025) (DEVIATION 25-21) (effective November 28, 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. Due to the sole source nature of this acquisition, the basis for award rests with the determination of fair and reasonable pricing. Should the government receive responsive offers from responsible sources that can provide new manufactured Seal Window, Man (70209-82818-102) with documentation that they are authorized/licensed by the Original Equipment Manufacturer (OEM), Seal Dynamics, LLC (Cage Code 5N582), the solicitation will be amended accordingly to consider any offers received.
(b) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
Full Text Provisions
52.252-5 Authorized Deviations in Provisions.

(Nov 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision. (End of provision)
52.225-2 Buy American Certificate

(Oct 2022)

(a)(1) The Offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c) of this provision contains a