Attachment 3: Terms and Conditions

Attachment 3 - Terms and Conditions
70Z03826QJ0000367
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 (August 2025 – FAR Deviation 25-21) 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 4: Past Performance
Factor 1: Technical Acceptability
Technical Acceptability will be evaluated to determine an overall rating of “acceptable” or “unacceptable”. This will be determined by evaluating the ability of the offeror to provide a sound, compliant approach that meets all requirements listed in Attachment 2 - Statement of Work (SOW) – 70Z03826QJ0000367 and demonstrates a thorough knowledge and understanding of the requirements. It is the contractor’s responsibility to ensure that their quotation clearly demonstrates their ability to perform these requirements. All offerors must provide the following documentation with their quotations in order for it to be evaluated for technical acceptability:
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Turnaround time to include the Test and Evaluation (TTE), Overhaul, and Beyond Economic Repair (BER)/Scrap Fee of the unit on “Attachment 1 – Schedule – 70Z03826QJ0000367”. Detailed explanation of any requirement listed in the SOW that cannot be successfully