Attachment 5 - Terms and Conditions - 70Z03826QJ0000224.pdf

This document is Attachment 5 - Terms and Conditions for DHS Acquisition of Commercial Items (70Z03826QJ0000224), establishing contract terms applicable to orders resulting from this solicitation, effective November 28, 2025.

The terms and conditions establish evaluation criteria requiring technical acceptability and lowest price as award factors. Technical acceptability is determined by the offeror's ability to manufacture items listed in the associated schedules and maintain active Defense Logistics Agency (DLA) Joint Certification Program (JCP) registration, with proof required in the Statement of Work Section 3.2 prior to document access. Pricing must be provided per the specified attachments, with prompt payment discounts evaluated for fairness and reasonableness. Only the lowest-priced offer receives technical acceptability evaluation; if it fails, evaluation continues with the next lowest-priced offer until a technically acceptable option is identified. Notice of award creates a binding contract without further action. The document incorporates extensive FAR and HSAR clauses addressing security prohibitions, export controls (including Iran, Sudan, covered telecommunications equipment, and FASCSA compliance), sustainable products requirements, DEI (Diversity, Equity, and Inclusion) compliance, whistleblower protections, contractor employee rights, and security-related representations and certifications. Specific operational requirements include first article approval testing within 60 days, delivery F.O.B. destination to USCG Aviation Logistics Center in Elizabeth City, North Carolina, Certificate of Conformance per FAR 52.246-15, and comprehensive packaging and shipping instructions preventing damage during warehouse storage up to one year. Payment processing is electronic via SAM, with invoices submitted to the designated billing office, and all contractual requirements flow down to subcontractors and suppliers unless otherwise specified.