2.2.1-Attachment 1-Terms and Conditions.pdf
PDF 132 KB Posted
- Attached to
- DetectaChem Apex R7 Raman Spectrometer
- Solicitation number
- 192126VSP00000004
- Issued by
-
Immigration and Customs Enforcement
About this file
This is a Terms and Conditions attachment for Request for Quote (RFQ) RFQ-192126VSP00000004 that incorporates Federal Acquisition Regulation (FAR) and Homeland Security Acquisition Regulation (HSAR) clauses by reference. The document does not contain specific product or service requirements, pricing terms, response dates, or award dates, as it serves solely as a legal framework establishing contractual obligations. The RFQ is for the acquisition of commercial items and incorporates 76 FAR clauses and 2 HSAR clauses that are applicable to Department of Homeland Security (DHS) procurements. Key incorporated clauses address small business subcontracting requirements, employment standards, labor compliance, security prohibitions, anti-trafficking measures, sustainable products and services, payment procedures, and contractor responsibility matters. The solicitation applies various deviations from standard FAR clauses, indicating DHS-specific policy implementations. Several clauses are marked with an "X" to denote that they are explicitly included, while unmarked clauses and their alternates are available as referenced but require determination of applicability based on contract circumstances.
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Text version
RFQ-192126VSP00000004
Attachment 1-Terms and Conditions
Attachment 1- Clauses
FAR Clauses incorporated by Reference:
Clauses are incorporated by reference. The full text of the clause is available at:
https://www.acquisition.gov/FAR/. Deviation Clauses are available at: DHS FAR Class Dev
X 52.212-4 Contract Terms and Conditions - Commercial Items. (Nov 2023) X 52.203-6 Restrictions on Subcontractor Sales to the Government (June 2020)
Alternate I (Nov 2021) X 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Jun 2020) 52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021) 52.203-17 Contractor Employee Whistleblower Rights. (Nov 2023) X 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract (AUG 2025) (DEVIATION 25-19) X 52.204-13 System for Award Management Maintenance (AUG 2025) (DEVIATION 25-19) 52.204-14 Service Contract Reporting Requirements (AUG 2025)(DEVIATION 25-19) 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts (AUG
2025)(DEVIATION 25-19)
X 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-91 Contractor Identification (AUG 2025) (DEVIATION 25-19) X 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (NOV 2025) (DEVIATION 25-27) X 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (NOV 2025)
(DEVIATION 25-27)
X 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2025)
(DEVIATION 25-27)
52.219-3 Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2025) (DEVIATION 26-03) X 52.219-6 Notice of Total Small Business Aside (OCT 2025)(DEVIATION 26-03)
Alternate I 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
Alternate I (Mar 2020) of 52.219-7.
X 52.219-8 Utilization of Small Business Concerns (OCT 2025) (DEVIATION 26-03) 52.219-9 Small Business Subcontracting Plan (OCT 2025) (DEVIATION 26-03)
Alternate I Alternate II Alternate III
X 52.219-13 Notice of Set-Aside of Orders (Mar 2020) X 52.219-14 Limitations on Subcontracting (OCT 2025) (DEVIATION 26-03) 52.219-16 Liquidated Damages—Subcontracting Plan (OCT 2025) (DEVIATION 26-03) X 52.219-33 Nonmanufacturer Rule (OCT 2025) (DEVIATION 26-03) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496).
X 52.222-3 Convict Labor https://www.acquisition.gov/FAR/ https://www.dhs.gov/sites/default/files/2025-12/25_1128_cpo_rfo-far-class-deviations-far-part-52.pdf
X 52.222-19 Child Labor—Cooperation with Authorities and Remedies (OCT 2025) (DEVIATION 26- 10) X 52.222-35 Equal Opportunity for Veterans (OCT 2025) (DEVIATION 26-10) X 52.222-36 Equal Opportunity for Workers with Disabilities (OCT 2025) (DEVIATION 26-10) X 52.222-37 Employment Reports on Veterans (OCT 2025) (DEVIATION 26-10) X 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496).
52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).
52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).
52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
X 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).
Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (OCT 2025) (DEVIATION 26-10) 52.222-54 Employment Eligibility Verification (OCT 2025) (DEVIATION 26-10) 52.222-55, Minimum Wages Under Executive Order 14026 (Jan 2022).
52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)
Alternate I 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (OCT
2025) (DEVIATION 26-12)
52.223-12, Maintenance (Nov 2025) X 52.223-23, Sustainable Products and Services (Nov 2025) 52.224-3, Privacy Training (Jan 2017) 52.225-2, Buy American Certificate (Oct 2022) 52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act (OCT 2025) (DEVIATION 26-09)
Alternate II Alternate III Alternate IV
52.225-5, Trade Agreements (Nov 2023) 52.225-19, Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission outside the United States (May 2020) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) 52.226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) 52.226-6 Promoting Excess Food Donation to Nonprofit Organizations (AUG 2025) (DEVIATION 25- 18) X 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021) 52.232-29 Terms for Financing of Commercial Products and Commercial Services (Nov 2021) 52.232-30, Installment Payments of Commercial Products and Commercial Services (Nov 2021)
X 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) 52.232-36 Payment by Third Party (OCT 2025) (DEVIATION 26-13) X 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.232-90 Fast Payment Procedure (OCT 2025) (DEVIATION 26-13) 52.233-3 Protest After Award (AUG 2025) (DEVIATION 25-25) X 52.233-4 Applicable Law for Breach of Contract Claim (AUG 2025) (DEVIATION 25-25) X 52.240-91 Security Prohibitions and Exclusions (AUG 2025) (DEVIATION 25-23)
X Alternate I (AUG 2025) (DEVIATION 25-23) 52.240-92 Security Requirements (AUG 2025) (DEVIATION 25-23) 52.240-93 Basic Safeguarding of Covered Contractor Information Systems (AUG 2025) (DEVIATION 25-23) 52.242-5 Payments to Small Business Subcontractors (Jan 2017) X 52.244-6 Subcontracts for Commercial Products and Commercial Services (SEP 2025) (DEVIATION 25-34) 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels
Alternate I Alternate II
52.247-69 Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025)
HSAR Clauses incorporated by Full Text:
3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION
OF COMMERCIAL ITEMS (JULY 2023)
The Contractor agrees to comply with any clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following clauses are incorporated by reference:
X 3052.205-70 Advertisement, Publicizing Awards, and Releases. (Sep 2012)
(End of clause)
Attachment 1- Clauses
File details come from the government source that posted it. Updated .