Attachment 2: Terms and Conditions

Attachment #2 - Terms and Conditions
70Z03827QJ0000008
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 the Various Lights with documentation that they are authorized/licensed by the Original Equipment Manufacturer (OEM), Clayton International Inc (Cage Code 08EX5), the solicitation will be amended accordingly to consider any offers received. (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 indicate whether they will honor the clause through one year after date of award or provide the last date they will honor pricing for additional orders. For reference, the full text of this clause is included on page 25 of these Terms and Conditions.
(c) 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