Attachment 2 Provisions Clauses and Terms and Conditions 70Z03826RB0000008.pdf

PROVISIONS, CLAUSES, AND TERMS AND CONDITIONS

70Z03826RB0000008

Attachment 2

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.

Provisions

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.

Addendum

Quotations Submission Requirements

Quotations are required to provide the “Attachment 1 – Schedule of Supplies

70Z03826RB0000008” document (Attachment 1) with the unit price column completed.

52.212-2 Evaluation—Commercial Products and Commercial Services (Aug 2025)

(DEVIATION 25-21) (effective November 28, 2025)

Is not applicable to this acquisition. In lieu of this provision, proposals will be evaluated in accordance with 15.002(b, based on the evaluation factors listed below. Proposals will be evaluated utilizing the Lowest Price Technically Acceptable (LPTA) process to achieve best value to the Government. Only the lowest Priced offer will be evaluated for Technical

Acceptability. Should the lowest priced offer not receive an acceptable technical rating, the process will continue in order of lowest priced offer until the lowest priced, technically acceptable offer is identified.

• Factor 1 – Technical Acceptability

• Factor 2 – Past Performance

• Factor 3 - Price:

1. Factor 1: Technical Acceptability

a. Submission Requirements: Technical Acceptability will be evaluated to determine an overall rating of “acceptable” or “unacceptable”. Technical Acceptability will be evaluated on the ability of the offeror to provide new manufactured commercial items approved by an Original Equipment Manufacturer(s) (OEMs) or an OEM authorized distributor.

b. Newly manufactured commercial items will only be procured from sources able to provide a Certificate of Conformance (CoC) per FAR 52.246-15 and traceability to the

OEM. 14 CFR Part 21 outlines certification procedures. Traceability means a clear, complete, documented, and auditable paper trail, which traces each step from an OEM to its current location. Alternate parts will be authorized if they are an approved alternate under the North Atlantic Treaty Organization (NATO) catalog system, which improves interoperability between NATO and commercial cataloging systems. Alternate parts must satisfy all form, fit, and function requirement of the parts and conform to the approved configuration of the United States Coast Guard MH-65E aircraft.

c. Performance required: The parts must operate effectively with various components, eliminating safety of flight risks. If parts are listed as flight critical, they must meet OEM standards.

d. Essential Physical Characteristics: The parts must be manufactured to the OEM specifications for form, fit, and function. There are multiple OEMs for this requirement.

Some parts may have multiple manufacturers with acceptable part numbers.

Evaluation criteria are below:

Technical Acceptability Ratings Descriptions

Acceptable Based on the offeror’s quotation, the Government has a high expectation that the offeror will meet the requirements identified.

Unacceptable Based on the offeror’s quotation, the Government has low or no expectation that the offeror will be able to meet the requirements identified.

2. Factor 2: Past Performance

a. Submission Requirement: Past Performance will be evaluated to assess the confidence in the offeror’s ability to fulfill the solicitation requirements. The evaluation will consider the offeror’s demonstrated record of relevant performance in performing the required services and will consider areas of quality, meeting delivery schedules, compliance with contractual requirements, and customer satisfaction. Relevant is defined as the ability to provide the spare parts as identified in the solicitation. If an offeror has no relevant past performance history, the offeror must affirmatively state that it possesses no relevant past performance history. If an offeror doesn’t have a record of relevant past performance or past performance information is either unavailable or so sparce that no meaningful rating can be reasonably assigned, the offeror will receive a Neutral rating.

b. The Government intends to use information available from past contracts/purchase orders with the USCG, delivery information found in the USCG’s Asset Maintenance

Management System (AMMIS), and any information found using sources such as Federal

Government sources, Contractor Performance Assessment Reporting System (CPARS)

Evaluation criteria are below:

Past Performance Ratings Descriptions

Acceptable Based on the offeror’s past performance record, the

Government has a high expectation that the offeror will successfully perform the requirements identified.

Unacceptable Based on the offeror’s past performance record, the

Government has a low or no expectation that the offeror will successfully perform the requirements identified.

Neutral Offeror does not have a past performance record.

Factor 3: Price

a. Submission Requirements: It is requested that the offeror provides Attachment 1 titled

Schedule – 70Z03826RB0000008 with their proposal. The preferred FOB point for shipments under this requirement is FOB Destination. Proposals submitting FOB Origin terms should include all applicable customs, duties, taxes, and shipping charges. Any proposal providing FOB Origin terms that does not provide this information may be removed from consideration for award.

Prices will be evaluated to determine fair and reasonableness. The Government will evaluate prices for each contract period of performance including escalation rates between contract periods. The Government may determine that a proposal is unacceptable if the option period prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option.

It is DHS policy that pricing for competitive acquisitions should be based on adequate price competition. However, in the event only one responsible Offeror is obtained as a result of this solicitation, the Offeror may be required to submit Data Other than Certified

Cost or Pricing Data (FAR 15.403-1) to support price negotiations.

b. Offerors will be required to submit a completed Schedule attached to the solicitation as an Excel spreadsheet. Failure to submit the price proposal using the Excel spreadsheet may result in the proposal being removed from award consideration.

(End of provision)

Full Text Provisions

52.209-5 Certification Regarding Responsibility Matters (NOV 2025) (DEVIATION 25-27)

(effective November 28, 2025)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals—

(A) Are □ are not □ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have □ have not □, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are □ are not □ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph

(a)(1)(i)(B) of this provision; and

(D) Have □, have not □, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied. Federal taxes are considered delinquent if both of the following criteria apply:

(1) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if a pending administrative or judicial challenge remains. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(2) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) The Offeror has □ has not □, within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity

(e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the Government will consider the certification in connection with a determination of the Offeror's responsibility.

Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) This provision does not require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a). The knowledge and information of an

Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If the Government later determines that the

Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.209-7 Information Regarding Responsibility Matters (NOV 2025) (DEVIATION 25-27)

(effective November 28, 2025)

(a) Definitions. As used in this provision—

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission

Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed

Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means—

(1) The total value of all current, active contracts and grants, including all priced options;

and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of

$100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs

(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for

Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony

Conviction under any Federal Law (NOV 2025) (DEVIATION 25-27) (effective November

28, 2025)

(a) The Government will not enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the

Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that– (1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a

Federal law within the preceding 24 months.

52.216-1 Type of Contract (OCT 2025) (DEVIATION 26-04) (effective November 28, 2025)

The Government contemplates award of multiple Indefinite Delivery Requirements-Type contracts resulting from this solicitation.

(End of provision)

52.233-2 Service of Protest (AUG 2025) (DEVIATION 25-25) (effective November 3, 2025)

(a) Protests, (as defined in FAR 33.102), that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), must be served on the

Contracting Officer identified in the solicitation by obtaining written and dated acknowledgment of receipt from them. (b) The copy of any protest must be received in the office designated above within one day of filing a protest with the GAO.

52.240-90 Security Prohibitions and Exclusions Representations and Certifications.

(DEVIATION 20-05) (NOV 2025)

(a) Definitions. As used in this provision - Backhaul, covered article, covered telecommunications equipment or services, critical technology, FASCSA order, Intelligence community, interconnection arrangements, national security system, roaming, sensitive compartmented information, sensitive compartmented information system, source, and substantial or essential component have the meanings provided in the clause 52.240- 91, Security

Prohibitions and Exclusions. Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce. Marginalized populations of Sudan means— (1)

Adversely affected groups in regions authorized to receive assistance under section 8(c) of the

Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and (2)

Marginalized areas in Northern Sudan described in section 4(9) of such Act. Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate— (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted under specific authorization from the

Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; Attachment 1 FAR Class Deviation 2020-05, Revision 4 FAR Deviation 20-05, Rev

4 Page 2 of 17 (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. Sensitive technology— (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically— (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic

Powers Act (50 U.S.C. 1702(b)(3)). (b) Procedures. (1) Covered telecommunications and video surveillance. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) at https://www.sam.gov for entities excluded from receiving federal awards for “covered telecommunications equipment or services.” (2) FASCSA Orders. (i) The Offeror shall search in SAM for the phrase “FASCSA order” for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (e) of FAR 52.240-91, Security Prohibitions and Exclusions. (ii) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM but are effective and apply to the solicitation and resultant contract (see FAR 40.204-1(c)(2)). (iii) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation. (c)

Covered telecommunications equipment or services representations. By submission of its offer, the Offeror represents that, after conducting a reasonable inquiry (that looks at any information in the Offeror’s possession but does not need to include an internal or third-party audit)— (1) It will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument Attachment 1 FAR

Class Deviation 2020-05, Revision 4 FAR Deviation 20-05, Rev 4 Page 3 of 17 resulting from this solicitation, except as waived by the solicitation, or as disclosed in paragraph (g); and (2) It does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services, except as waived by the solicitation, or as disclosed in paragraph (g). (d) FASCSA Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (g). A reasonable inquiry will look at any information in the offeror’s possession but does not need to include an internal or third-party audit. (e) Sudan certification. By submission of its offer, the offeror certifies, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), that the offeror does not conduct any restricted business operations in Sudan. (f) Iran Representation and Certifications. (1) Except as provided in paragraph (f)(2) of this provision or if a waiver has been granted in accordance with FAR

40.203-3, the offeror, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), by submission of its offer— (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person (as defined at section 15 of the Iran Sanctions Act of 1996, Pub. L.

104-172, 50 U.S.C. 1701 note) owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran’s ability to acquire or develop certain weapons or technologies; and (iii)

Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $10,000 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see

OFAC’s Specially Attachment 1 FAR Class Deviation 2020-05, Revision 4 FAR Deviation 20-

05, Rev 4 Page 4 of 17 Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx) (2) Exception for trade agreements. The representation and certification requirements of paragraph (f)(1) of this provision do not apply if— (i) This solicitation includes a trade agreements notice or certification

(e.g., 52.225- 6, Trade Agreements Certificate); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material. (iii) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (g) Disclosure. (1) If the Offeror is not able to represent compliance with the prohibitions in paragraphs (c) or (d), then the Offeror shall disclose to the contracting office identified in paragraph (g)(2) the following information for each product or service not compliant: (i) Contract number and order number, if applicable; (ii)

Identification of whether this disclosure relates to paragraph (c) on covered telecommunication equipment or services, or to paragraph (d) on FASCSA orders; (iii) A description of the products or services that the Contractor identifies or has reason to suspect is prohibited (include brand;

model number, such as the original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable); (iv) The entity that produced the product or service (include entity name, unique entity identifier, Contractor and Government

Entity (CAGE) code, facilities responsible for design, fabrication, assembly, packaging, and test of the product, and whether the entity was the OEM or a distributor (provide manufacturer codes and distributor codes used for the product)); (v) Description of the functionality of the product or service and how that functionality impacts the risk to the product or service; (vi) An explanation of any factors relevant to determining if the product or service should be permitted by an applicable exception, exemption, or waiver (if the offeror would like the Government to consider a waiver); (vii) Whether alternative products or services are available that would be compliant with the prohibition; Attachment 1 FAR Class Deviation 2020-05, Revision 4 FAR Deviation 20-

05, Rev 4 Page 5 of 17 (viii) If the product or service is related to item maintenance, include the following information on the item being maintained: (A) Brand; (B) Model number, OEM number, manufacturer part number, or wholesaler number; and (C) Item description, as applicable. (ix) Any readily available information about mitigation actions undertaken or recommended. (2) If a disclosure is required to be submitted to a contracting office, the offeror shall submit the disclosure as follows: (i) In the event the Contractor identifies covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report, in writing, via email, to the Contracting Officer, Contracting Officer's Representative, and the Enterprise

Security Operations Center (SOC) at NDAA_Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the

Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil. (ii) For all other contracting offices, the Offeror shall submit the disclosure to the Contracting Officer. (3) If the disclosure provided does not contain any of the information required by paragraph (1), and the Offeror later discovers new information that is required by paragraph (1), then the Offeror shall submit a subsequent disclosure within 72 hours of discovering the new information. (h) Executive agency review of disclosures. The Contracting Officer will review disclosures provided in paragraph (g) to determine if any applicable waiver may be sought. The Contracting Officer may choose not to pursue a waiver and may instead make an award to an Offeror that does not require a waiver.

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 authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

52.252-1 Solicitation Provisions Incorporated by Reference Feb 1998

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

https://www.acquisition.gov

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) provision in this paragraph (a) that the Contracting Officer has indicated by an (X) as being incorporated in this solicitation by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

___X__ 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain

Federal Transactions SEP 2024

___X__ 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements-Representation JAN 2017

___X__ 52.204-7 System for Award Management—Registration AUG 2025 (DEVIATION 25-

19) (effective November 28, 2025).

___X__ 52.207-6 Solicitation of Offers from Small Business Concerns and Small Business

Teaming Arrangements or Joint Ventures (Multiple-Award Contracts) AUG 2024

___X__ 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters.

NOV 2025 (DEVIATION 25-27) (effective November 28, 2025).

___X__52.217-5 Evaluation of Options (SEPT 2025) (DEVIATION 25-36)

(effective November 28, 2025).

_____ 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns

OCT 2025 (FAR DEVIATION 26-03)

___X__52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products

FEB 2021

_____ 52.222-48 Exemption from Application of the Service Contract Labor Standards for

Maintenance, Calibration, or Repair of Certain Equipment–Certification OCT 2025 (FAR

DEVIATION 26-10)

_____ 52.222-52 Exemption from Application of the Service Contract Labor Standards for

Certain Services-Certification OCT 2025 (FAR DEVIATION 26-10)

__X_ 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan OCT 2020

_____ 52.223-4 Recovered Material Certification MAY 2008 (EPA Designated items)

_____ 52.225-2 Buy American Certificate OCT 2022

__X__ 52.225-4 Buy American-Free Trade Agreements-Israeli Trade Act Certificate OCT 2025

(FAR DEVIATION 26-09)

__X 52.225-6 Trade Agreements-Certificate FEB 2021

_____ 52.225-20 Reserved (OCT 2025) (DEVIATION 26-09)] (effective November 28, 2025)

_____ 52.225-25 Reserved (OCT 2025) (DEVIATION 26-09)] (effective November 28, 2025)

__X__ 52.229-11 Tax on Certain Foreign Procurements—Notice and Representation JUN 2020

HOMELAND SECURITY ACQUISITION REGULATIONS (HSAR) PROVISIONS

____ 3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé

Program.

____ 3052.247-72 F.O.B. Destination Only.

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services

Aug 2025 (DEVIATION 25-21) (effective November 28, 2025)

Addendum

Quality Assurance:

This section is applicable to all orders for products that will ultimately touch USCG aircraft.

1. The Contractor shall, immediately upon discovery, notify and disclose conditions to the

Contracting Officer of any event, supply change, material change, supply malfunction, counterfeit/suspect parts or material, defect or non-airworthy condition of any product or component (to include components used in repairs) found to potentially cause a non-conformity to the original specifications of this contract.

The Government reserves the right to inspect any non-conforming product or component.

Therefore, the Contractor shall obtain approval from the Contracting Officer prior to the disposition of any non-conforming product or component.

2. The contractor’s quality control manual shall address in detail the contractor’s risk management, test, inspection, non-conforming product and counterfeit/suspect parts processes.

3. The Contractor shall immediately notify the Contracting Officer of any changes that potentially have an impact on the product. Changes may include but are not limited to products, processes, materiel, supplier sources, manufacturing facility location and personnel qualifications.

4. Upon notification of the change, the USCG will approve or deny the change. Facility location changes may require the Government to perform a facility inspection. The contractor shall allow the Government access to all applicable areas of the contractor’s facilities to ensure compliance with contractual requirements. In the event that the change is not approved by the

USCG, the contract, delivery order or task order may be cancelled or terminated in accordance with FAR.

5. The contractor shall retain all records in accordance with FAR 4.7 Contractor Records

Retention. The contractor shall be required to permit Government access to applicable records retained at any level of the supply chain.

6. Unless otherwise specified, the Contractor shall flow down all requirements in this contract to their supply chain, to include all subcontractors and suppliers.

Packaging Instructions:

1. The USCG Aviation Logistics Center (ALC) is a supply depot; therefore, material will be stored and transshipped to various users. The container shall be packed and labeled suitable for shipment via land, air, or sea. Packaging material shall NOT consist of the following: popcorn, shredded paper, Styrofoam of any type, or peanut packaging.

2. Each part shall be individually packed in a separate envelope, box, carton or crate. For bulk packages, packaging of material up to 100 each per package is acceptable. Each individual container shall be labeled on the inside with National Stock Number, Part Number, Serial

Number, Quantity, Nomenclature, Delivery Order Number, and Delivery Order Line Item

Number. Packing List and Certification/Documentation shall be placed on the outside of individual containers.

3. The internal packing material shall be sufficient to prevent damage during shipment, handling and storage. Preservation and protection shall be provided to prevent corrosion, deterioration or decay during warehouse storage for a period of one year.

Marking Instructions:

All shipping containers/packages shall be marked for task IAW the contract or task. All parts and assemblies, which require special care during packing, handling or shipping shall be identified and marked appropriately. A copy of the packing slip shall be affixed to the exterior of the package or shipping container and shall contain the following information:

NSN

Part Number

Nomenclature

S/N

Contract Number: (To be determined at time of award)

Delivery order/Item Number

Contractor’s Name and Address

***Remainder of Page Left Intentionally Blank***

Shipping Instructions:

Contractor Shipments. Unless otherwise specified on individual delivery orders issued hereunder, deliverable items shall be shipped to the following address:

USCG Aviation Logistics Center

Receiving Section, Bldg. 63

1664 Weeksville Road

Elizabeth City, NC 27909-5001

Delivery Order Number: (to be determined at time of issuance)

Inspection and Acceptance:

1. The following inspection and receiving instructions apply to the following CLINS and respective option periods.

CLINS 0001-0134 – A Certificate of Conformance will be required with each delivery.

Instructions: Receiving: REC Inspection: REC

2. A COC shall be required for all items provided on this contract. The certificate must be signed by an authorized official of the approved source and must specify the nomenclature, manufacturer's part number and date of manufacture. For Production Approval Holder, a COC and a copy of the FAA Parts

Manufacturer Approval (PMA) or other manufacturing authority shall be provided.

3. Contractors shall also provide a COC signed by the contractor's authorized representative in accordance with FAR 52.246-15 and documentation reflecting the complete unbroken history of ownership of the parts from purchase from the approved manufacturing source until delivery to the

USCG.

4. Full and clear traceability must be provided with delivery of each part. If full and clear traceability is not provided, ALC will not accept delivery of the part and invoicing may not be approved for payment.

5. Contractor must provide the following documentation if selected:

Certificate of Airworthiness in accordance with FAA procedures (FAA Form 8130-3/8130-4 or

EASA 1 Form).

Certificate of Conformance in accordance with FAR 52.246-15 is required.

PMA documentation required.

Other documentation (fill in blank as necessary): _____________________________________

Deliveries or Performance:

F.O.B. Destination is requested as the delivery term for all deliverables. All offers will be considered F.O.B. Destination unless F.O.B. origin is specified AND estimated shipping costs are included.

Invoicing Instructions:

1. The Contractor’s invoice shall be submitted IAW FAR 52.212-4 to the designated billing office for payment as noted below. The Contractor is HIGHLY encouraged to submit invoices electronically to ALC-Fiscal@uscg.mil.

Chief, Fiscal Branch; USCG ALC

Fiscal Branch, Bldg. 63

1664 Weeksville Road

Elizabeth City, NC 27909

Delivery Order Number: (to be determined at time of issuance)

2. All payments will be made electronically IAW FAR 52.232-33. The Contractor may submit the invoice five (5) days after shipment of items. The invoice will not be approved until all items have been receipted.

Contract Administration Data:

Only warranted KOs are authorized to issue and modify any contract, approve changes in any of the requirements, and obligate funds. Notwithstanding any term or condition contained elsewhere in the contract, the authority to modify the contract remains solely with the KO. If the

Contractor makes any contract changes at the direction of any person other than the KO, the change will be considered to have been made without authority, and no adjustment will be made in the contract to cover any increase in charges that may result. The KO has the sole authority to perform any and all post-award functions in administering and enforcing a contract in accordance with its terms and conditions.

Delivery Schedule:

The schedule of supplies/services will contain up to three-hundred-eighty-three (383) Contract

Line Item Numbers (CLINs) which will have varying delivery schedules. Offerors shall propose delivery lead times for each CLIN contained in the Schedule of supplies/services. The USCG requires 360-day maximum delivery time for any item unless otherwise agreed upon prior to contract award. Actual delivery dates will be shown in delivery orders based on the delivery schedules established in the contract. Early deliveries are acceptable providing there is no additional charge to the Government.

Period of Performance:

The period of performance includes one (1) one-year base period and, if exercised, four (4) one-year option periods.

mailto:ALC-Fiscal@uscg.mil

Full Text Clauses

52.203-17 Contractor Employee Whistleblower Rights (April 2024) (DHS-USCG

DEVIATION 14-01, Revision 1)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies established at 10 U.S.C. 4701 and Homeland Security Acquisition

Regulation (HSAR) 3.900 (DEVIATION) through 3.905 (DEVIATION).

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 10 U.S.C. 4701, as described in HSAR 3.900 (DEVIATION) through 3.905 (DEVIATION).

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts.

(End of clause)

52.216-18 Ordering Aug 2020

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders by the individuals or activities designated in the Schedule. . Such orders may be issued from contract award through one-year from date of contract award for the base period and for options, effective date of option exercise through one-year from effective date of option exercise.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the

Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

52.216-19 Order Limitations Oct 1995

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of one each for any line item, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of the total estimated contract line item quantity;

(2) Any order for a combination of items in excess of 50% of the current contract quantity; or

(3) A series of orders from the same ordering office within thirty (30) days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-

21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within fifteen (15) days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-21 Requirements (OCT 2025) (DEVIATION 26-04) (effective November 28, 2025)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as

"estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The

Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the

Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after six (6) months after expiration date or ordering period.

https://acquisition.gov/far/current/html/52_216.html#wp1115057 https://acquisition.gov/far/current/html/52_216.html#wp1115057

52.217-9 Option to Extend the Term of the Contract Mar 2000

(a) The Government may extend the term of this contract by written notice to the Contractor within thirty (30) calendar days prior to contract expiring; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty (60) days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years and six (6) months.

(End of Clause)

52.223-23 Sustainable Products and Services (FAR DEVIATION 26-12 Revision 1) (May

2024)

(a) Definitions. As used in this clause –

Biobased product means a product determined by the U.S. Department of Agriculture

(USDA) to be a commercial product or industrial product (other than food or feed) that is composed, in whole or significant part, of biological products, including renewable domestic agricultural materials or forestry materials, or that is an intermediate ingredient or feedstock. The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for products is new or emerging. (7 U.S.C.

8101) (7 CFR 3201.2)

Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. (42.U.SC. 6903).

Sustainable products and services means products and services that are subject to and meet the following applicable statutory mandates and directives for purchasing:

(1) Statutory purchasing programs.

(i) Products containing recovered material designated by the U.S. Environmental

Protection Agency (EPA) under the Comprehensive Procurement Guidelines (42

U.S.C. 6962) (40 CFR part 247) (https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products).

(ii) Energy- and water-efficient products that are ENERGY STAR® certified or

Federal Energy Management Program (FEMP)-designated products (42 U.S.C.

8259b) (10 CFR part 436, subpart C) (https://www.energy.gov/eere/femp/search-energy-efficient-products and https://www.energystar.gov/products?s=mega).

(iii) Biobased products meeting the content requirement of the USDA under the

BioPreferred® program (7 U.S.C. 8102) (7 CFR part 3201) https://www.biopreferred.gov).

(iv) Acceptable chemicals, products, and manufacturing processes listed under

EPA's Significant New Alternatives Policy (SNAP) program, which ensures a safe and smooth transition away from substances that contribute to the depletion of stratospheric ozone (42 U.S.C. 7671l) (40 CFR part 82, subpart G)

(https://www.epa.gov/snap).

(2) Required EPA purchasing programs.

(i) WaterSense® labeled (water efficient) products and services

(https://www.epa.gov/watersense/watersense-products).

(ii) Safer Choice-certified products (products that contain safer chemical ingredients) (https://www.epa.gov/saferchoice/products).

(iii) Product and services that meet EPA Recommendations of Specifications, Standards, and Ecolabels in effect as of October 2023 (https://www.epa.gov/…