Attachment 2: Terms and Conditions

ATTACHMENT 2 - TERMS AND CONDITIONS

70Z03827QH0000002
3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items. (JULY 2023) (HSAR DEVIATION 25-09) (Effective November 3, 2025)
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. 52.212-1 Instructions to Offerors - Commercial Products and Commercial Services (Aug 2025) (DEVIATION 25-21) (Effective November 28, 2025)
This Provision applies to this acquisition and paragraph (c) is tailored with the following addendum: (c) Period for Acceptance of Offers - The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. 52.212-2 Evaluation - Commercial Products and Commercial Services (Aug 2025) (DEVIATION 25-21) (Effective November 28, 2025)
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 on a competitive basis to the lowest priced, technically acceptable offeror representing the best value to the Government. Price: The offeror shall provide pricing as requested in the attached spreadsheet titled "Attachment 3 - Schedule70Z03827QH0000002 ". 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 12.203, in order to determine if it is fair and reasonable.
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. A firm-fixed price quote for overhaul shall be submitted at a fully burdened rate. Additionally, the offeror must provide the items below if they do not the quote will not be considered for award. The evaluation criteria are below:
1. The Contractor must have access to the applicable technical directives cited in Statement of Work (SOW) Section Applicable Documents (1.5.1).
a. In order to be found technically acceptable, the contractor must demonstrate availability of required