Attachment 2 - Terms and Conditions - 70Z03826QH0000083.pdf
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- Attached to
- Overhaul of Actuator, Electro-Mech
- Solicitation number
- 70Z03826QH0000083
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Summary: Terms and Conditions for DHS Aviation Logistics Center Contract
This document contains the terms and conditions applicable to orders awarded under USCG solicitation 70Z03826QH0000083 for aircraft component overhaul services. The contract is for commercial items, with acceptance of orders constituting acceptance of all stated terms. Offers must remain firm for 120 calendar days from the receipt deadline.
Evaluation and Award Criteria: The government will evaluate proposals using a tradeoff process with three factors in descending order of importance: Technical Acceptability (most important), Delivery, and Price. Technical acceptability requires contractors to: (1) demonstrate access to applicable technical directives through cover sheets and proof of ability to update technical data via DD-2345 form or TODO account; (2) provide airworthiness certification (FAA Form 8130-3/8130-4, EASA 1 Form, or equivalent approved by USCG); (3) maintain FAA, OEM, DoD, or USCG certification as an overhaul facility with supporting documentation; and (4) submit a subcontractor list with certification details. Delivery is evaluated on capability to deliver within 100 days (high confidence), 101-120 days (satisfactory confidence), or beyond 121 days (low confidence) after receipt of component. Price evaluation determines fair and reasonableness using FAR 12.203 techniques.
Performance Requirements and Delivery Terms: Items must be shipped F.O.B. Destination to USCG Aviation Logistics Center in Elizabeth City, North Carolina, with all customs, duties, taxes, and shipping included in pricing. Contractors must provide full traceability with each delivery, complete DD Form 250 Material Inspection and Receiving Reports, comply with ASTM-D3951-15 packaging standards, and maintain quality assurance systems addressing risk management, testing, inspection, and counterfeit parts detection. Contractors must immediately notify the contracting officer of any product defects, supply changes, material changes, or non-airworthy conditions. A Certificate of Conformance per FAR 52.246-15 is required for all items, along with airworthiness certification. Payment is made electronically after receipt and acceptance of all items, with invoices submitted to the USCG ALC Fiscal Branch. The contract incorporates numerous FAR and HSAR clauses addressing security prohibitions, Buy American requirements, whistleblower protections, trafficking in persons compliance, and sustainable products standards.
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Other files
| File | Type | Posted |
|---|---|---|
| Attachment 3 - Schedule - 70Z03826QH0000083.xlsx | XLSX spreadsheet | |
| Attachment 1 - Statement of Work - 70Z03826QH0000083.pdf |
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ATTACHMENT 2 - TERMS AND CONDITIONS
70Z03826QH0000083
(Effective April 27, 2026)
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.
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.
52.212-2 Evaluation - Commercial Products and Commercial Services (Aug 2025) (DEVIATION 25-21) (Effective November 28, 2025) FAR part 52.212-2 Evaluation – Commercial Items 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 1: Technical Acceptability.
The Government will assess the information submitted with the offeror’s quotation to determine their ability to provide the items in the solicitation. A firm-fixed price quote for overhaul shall be submitted at a fully burdened rate.
Additionally, the offeror must provide the items below if they do not the quote will not be considered for award.
The evaluation criteria are below:
The offeror shall provide the following with their offer:
If the offeror does not provide the information below, it may result in the quotation being eliminated from consideration.
1. The Contractor must have access to the applicable technical directives cited in Statement of Work (SOW) Section Applicable Documents (1.5.1).
a. In order to be found technically acceptable, the contractor must demonstrate availability of required technical data by providing the cover sheet of the documents listed above.
b. Additionally, the contractor must submit proof of an ability to update the technical data as revisions are made. Such as a signed DD-2345 form or Technical Order Distribution Office (TODO) account code.
2. Airworthiness Certification is required for all items that are overhauled. The contractor may use the FAA 8130 Certification; however, use of this form is not required. The contractor may choose to use an "equivalent" Airworthiness Certificate to certify the airworthiness of the overhauled component. An equivalent Airworthiness Certification can be the same as used for other Government agencies such as Air Force Airworthiness Certificate or a contractor developed Airworthiness Certificate that is equivalent to the FAA 8130 form. If an FAA 8130 "equivalent" is used, the Contractor shall provide written evidence with the Airworthiness Certificate that the Certification was performed by a qualified individual and include the individual's' name and title. At the request of the Contracting Officer, the contractor shall provide proof of his/her qualification. A Certificate of Conformance with the verbiage of FAR 52.246-15(d) is not acceptable for use to certify the overhauled component's airworthiness.
a. If an Airworthiness Certificate cannot be provided, the alternate document shall be submitted with the Contractor's proposal/quote and approved by USCG ALC Engineering Officer for each component. If the component is overhauled IAW an AFTO, a USAF certificate is acceptable. The certificate must be signed and dated by an authorized official representing the approved Contractor.
3. The Contractor shall be either a FAA Overhaul Facility or OEM Certified Overhaul Facility or DoD Certified
Overhaul Facility to perform overhaul services on the components listed in the Schedule.
a. FAA Certified Facility: To demonstrate that the Contractor is properly certified by the FAA, the
Contractor must submit their repair station certificate. If the Contractor holds a limited rating, the Contractor must also submit: 1) a capabilities list identifying the relevant part numbers specified on the schedule of services IAW 14 CFR 145.215, and 2) a self-evaluation affirming that the repair station has all of the housing, facilities, equipment, material, technical data, processes, and trained personnel in place to perform the work on the articles identified in the schedule of services IAW 14 CFR 145.215. At the request of the Contracting Officer, the Contractor may be required to submit a copy of the repair station manual and quality control manual.
b. OEM Certified Facility: To demonstrate that the Contractor is certified by the OEM, the Contractor must submit documentation from the OEM stating that the Contractor is certified to perform the services required herein. This documentation must specifically identify the part numbers identified in the Schedule. Otherwise, the Contractor must provide an OEM point of contact that will allow the USCG to independently verify the Contractor is, in fact, certified by the OEM to repair the components listed on the Schedule.
c. DoD or USCG Certified Facility: To demonstrate that the Contractor is certified by a DoD service or the USCG to perform overhaul services on the components listed on the Schedule, the Contractor must provide a signed repair source approval memo indicating the Contractor is approved to repair the components listed on the Schedule.
d. Changes Affecting Contractor Certification: If during the period of performance of the contract, the Contractor’s certification status change (e.g. the FAA suspends the repair station’s certificate), the Contractor shall immediately notify the USCG, and this may be grounds for contract termination. The USCG will review the circumstances affecting the certification status and make a final determination. The USCG retains the authority to allow work to continue despite a certification change if it is determined that the Contractor is able to meet all other requirements of the SOW.
e. Sub-contractors: All potential Sub-contractors shall meet one of the requirements listed in Statement of Work Sections 1.4.1 through 1.4.3 in the applicable category for the items listed in the Schedule. To be found technical acceptance, the Contract shall submit a list of all Sub-contractors that may perform work on USCG articles. If no Sub-contractors will be used, a statement to this effect is still required. The Sub-contractor list must outline each Sub-contractor’s name, location, certification source (e.g., FAA, OEM, DoD, USCG), rating type (if applicable) (e.g. NDI, Specialized Services, etc.), and the nature of the services provided by the Sub-contractor. The Sub-contractor must document the services provided to the Contractor either using an FAA 8130 certification or an equivalent Airworthiness Certificate clearly indicating that the work was performed in accordance with the relevant technical data (e.g., MIL-STD, ASTM, CMM, AFTO, etc.). The USCG shall be informed of any changes to the Sub-contractor list during the period of performance. Failure to properly notify the USCG of Sub-contractors performing work on USCG articles may be grounds for contract termination.
f. Quality Assurance System: The Contractor and all sub-contractors shall maintain a Quality Assurance System, including test component calibration system requirements, and documentation of said requirements, sufficient to ensure that overhaul services conform to Technical Orders or OEM specifications and requirements of this purchase order.
4. To be found technically acceptable, the Contractor shall submit a list of all Sub-contractors that may perform work on USCG articles Confirmation that a Certificate of Conformance in accordance with the clause at FAR 52.246-15 will be provided.
The offeror will be evaluated with the following description:
Acceptable Meets Technical Acceptability Requirements
Unacceptable Does not meet Technical Acceptability Requirements
Factor 2: Delivery.
The offeror must meet the delivery requirements in the requested solicitation. The offeror shall state the delivery for the item requested. The offeror will be evaluated with the following description:
High Confidence The offeror is capable of delivery within one hundred
(100) days after receipt of component (ARC).
Satisfactory Confidence The offeror is capable of delivery within one hundred and one (101) to one hundred and twenty (120) days
ARC.
Low Confidence The offeror is capable of delivery past one hundred and twenty one (121) days ARC.
Factor 3: Price.
The offeror shall provide pricing as requested in the synopsis description. Any quantity price discounts and discounts for prompt payment should be included. The offeror’s quotation will be evaluated using one or more of the techniques defined in FAR 12.203, in order to determine if it is fair and reasonable.
Full Text Provisions 52.225-2 Buy American Certificate Oct 2022 (a)(1) The Offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c) of this provision contains a critical component.
(2) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.
(3) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see
FAR 25.105).
(4) The terms “commercially available off-the-shelf (COTS) item,” “critical component,” “domestic end product,” “end product,” and “foreign end product” are defined in the clause of this solicitation entitled “Buy American-Supplies.”
(b) Foreign End Products:
Line Item No. Country of Origin Exceeds 55% domestic content (yes/no)
(b) [List as necessary]
(c) Domestic end products containing a critical component:
Line Item No. ___ [List as necessary]
(d) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation.
(End of provision)
52.240-90 Security Prohibitions and Exclusions Representations and Certifications Nov 2025
(DEVIATION 20-05)
(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;
(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 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 $15,000 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 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 within 72 hours 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;
(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) If a Department of Defense contracting office, the offeror shall submit the disclosure to the website 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.
(End of provision)
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.
(End of 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: http://acquisition.gov.
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses in this paragraph (b) that the Contracting Officer has indicated by an (X) as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
☐ 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions SEP 2024 ☒ 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation JAN 2017 ☒ 52.204-7 System for Award Management – Registration AUG 2025 (FAR DEVIATION 25-19) ☐ Alt 1 of 52.204-7 AUG 2025 (FAR DEVIATION 25-19)
☐ 52.207-6 Solicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts) AUG 2024 ☒ 52.212-1 Instructions to Offerors - Commercial Products and Commercial Services AUG 2025 (DEVIATION 25-21) ☐ 52.217-5 Evaluation of Options SEPT 2025 (DEVIATION 25-36) ☒ 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns OCT 2025 (FAR
DEVIATION 26-03)
☐ 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)
☐ 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan OCT 2020 ☐ 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) ☐ 52.229-11 Tax on Certain Foreign Procurements—Notice and Representation JUN 2020
52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services Aug 2025 (DEVIATION 25-21) (Effective November 28, 2025)
Addendum
Purchase Order Requirements:
1. Items shall be shipped to the following address:
USCG Aviation Logistics Center Receiving Section, Bldg 63 1664 Weeksville Road Elizabeth City, NC 27909 Work/Receiving Hours 6:00 AM – 3:30 PM
2. F.O.B. Destination - Prices in the schedule include all applicable customs, duties, taxes and shipping charges;
therefore, no additional charges for shipping will be allowed unless a bilateral modification is completed.
3. Inspection and acceptance of material under this order shall be performed at destination by local USCG personnel to ensure that items are IAW manufacturer's specifications and will consist of count and condition only. NOTE:
All serial number tracked items will be inspected and accepted by local USCG Quality Assurance personnel.
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.
Material Inspection and Receiving Report (MRR):
At the time of each delivery, the contractor shall prepare and furnish a properly completed DD Form 250, MRR or commercial shipping document. The shipping document shall include the National Stock Number (NSN), Part Number (P/N), Serial Number (S/N), Quantity, Contract/Order Number, and Line Item Number. One copy of the shipping document shall be firmly affixed to the outside of the shipping container and one copy packed with the item.
Packing, Marking and Preservation:
The contractor shall comply with ASTM-D3951-15 (December 1, 2015), Standard Practice for Commercial Packaging.
Packaging, packing and preservation shall be in accordance with best commercial practices to enable shipment to destination and transshipment to USCG Air Stations without repackaging or damage during shipment and/or handling.
Unless otherwise specified, all items shall be individually packaged and labeled. Packaging material shall not consist of popcorn, shredded paper, Styrofoam of any kind or peanut style packaging. The internal packaging material shall be sufficient to prevent damage during shipment, handling, and storage. The internal protection must be sufficient to prevent corrosion, deterioration or decay during warehouse storage.
Noncompliance of Packaging, Marking and Preservation:
The Contracting Officer shall notify the contractor when packaging, marking, and preservation discrepancies require corrective action. Potential actions include:
i. Return items to the contractor for repackaging at the contractor’s expense (round trip)
ii. USCG correction of discrepancies at the contractor’s expense. The Contracting Officer shall execute a unilateral contract/order modification to recoup costs borne by the USCG.
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 materiel, 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 origin al 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 (QCM) shall address in detail the contractor’s risk management, test, inspection, non-conforming product and counterfeit/suspect parts processes. The contractor shall provide a copy of the QCM upon the Government’s request.
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 to 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 supplies.
Warranty:
The contractor’s standard commercial warranty will suffice for this requirement.
Contractor must provide the following documentation if selected:
Certificate of Airworthiness or Equivalent 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 shall be required for all items provided on this order. The COC must include the National Stock Number, Part Number, Serial Number, and Purchase Order Number and must be signed by the Contractor’s authorized representative.
PMA documentation required.
Other documentation (fill in blank as necessary): _______________________________
Payment 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 Purchase Order Number:
2. All payments will be made electronically IAW FAR 52.232-33. The Contractor may submit invoice five (5) days after shipment of items. The invoice will not be approved until all items have been receipted.
FAR Full Text Clauses 52.252-6 Authorized Deviations in Clauses Nov 2020
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.
(b) The use in this solicitation or contract of any Homeland Security Acquisition Regulation (48 CFR Chapter 30) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.
(End of clause)
52.203-17 Contractor Employee Whistleblower Rights (DEVIATION 14-01, REV 1) Apr 2024
(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.
52.222-90 Addressing DEI Discrimination by Federal Contractors Apr 2026 (DEVIATION 26-10, Revision 2) (effective April 27, 2026)
(a) Definitions. As used in this clause- Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.
Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.
(b) In connection with the performance of work under this contract, the Contractor agrees as follows:
(1) The Contractor will not engage in any racially discriminatory DEI activities;
(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;
(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;
(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and
(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.
(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).
(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.
(End of clause)
52.223-23 Sustainable Products (DEVIATION 26-12, REV 1) Oct 2025
(a) Definitions. As used in this clause— Sustainable product means—
(1) A product that contains recovered material designated by the 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).
(2) An energy-efficient product or low standby power device (42 U.S.C. 8259b) (10 CFR part 436, subpart C) ( https://www.energy.gov/eere/femp/search-energy-efficient-products, https://www.energystar.gov/products?s=mega, and https://www.energy.gov/femp/low-standby-power-product-list).
(3) A biobased product that meets the content requirements of the USDA under the BioPreferred® program (7 U.S.C.
8102) (7 CFR Part 4270) ( https://www.biopreferred.gov/).
(4) A substance identified in the EPA’s Significant New Alternatives Policy (SNAP) program as a safe alternative to an ozone-depleting substance (42 U.S.C. 7671l) (40 CFR part 82, subpart G) ( https://www.epa.gov/snap/unacceptable-and-acceptable-substitutes-tables).
(b) Requirements. The Government has identified in the statement of work or elsewhere in the contract the sustainable products that are required during the performance of this contract. The Contractor shall ensure that it provides sustainable products as required by this contract, when the products are—
(1) Delivered to the Government;
(2) Furnished for use by the Government;
(3) Incorporated into the construction of a public building or public work; or
(c) Furnished for use in performing services under this contract, where the cost of the products is a direct cost to this contract.
52.225-1 Buy American - Supplies (DEVIATION 26-09) Oct 2025 (effective November 28, 2025)
(a) Definitions. As used in this clause— Commercially available off-the-shelf (COTS) item—
(1) Means any item of supply (including construction material) that is–
(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal
Acquisition Regulation (FAR) 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
Component means an article, material, or supply incorporated directly into an end product.
Cost of components means—
(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product.
Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105 .
Domestic end product means—
(1) For an end product that does not consist wholly or predominantly of iron or steel or a combination of both-
(i) An unmanufactured end product mined or produced in the United States;
(ii) An end product manufactured in the United States, if-
(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Components of unknown origin are treated as foreign. Scrap generated, collected, and prepared for processing in the United States is considered domestic; or
(B) The end product is a COTS item; or
(2) For an end product that consists wholly or predominantly of iron or steel or a combination of both, an end product manufactured in the United States, if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all the components used in the end product. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the end product and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the end product contains multiple components, the cost of all the materials used in such end product is calculated in accordance with the definition of “cost of components”.
End product means those articles, materials, and supplies to be acquired under the contract for public use.
Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.
Foreign end product means an end product other than a domestic end product. Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.
Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.
Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.
United States means the 50 States, the District of Columbia, and outlying areas.
(b) 41 U.S.C. chapter 83, Buy American, provides a preference for domestic end products for supplies acquired for use in the United States. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for an end product that is a COTS item (see (a)(1)), except that for an end product that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the end product, excluding COTS fasteners.
(c) Offerors may obtain from the Contracting Officer a list of foreign articles that the Contracting Officer will treat as domestic for this contract.
(d) The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the solicitation entitled "Buy American Certificate."
(End of clause)
52.240-91 Security Prohibitions and Exclusions (DEVIATION 20-05) Nov 2025
(a) Definitions. As used in this clause— American Security Drone Act-covered foreign entity means an entity included on a list that the Federal Acquisition Security Council (FASC) develops and maintains and publishes in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118- 31, 41 U.S.C. 3901 note prec.).
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.
Covered article, as defined in 41 U.S.C. 4713(k), means:
(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;
(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the
Communications Act of 1934 (47 U.S.C. 153);
(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the
Controlled Unclassified Information program (see 32 CFR part 2002); or
(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.
Covered foreign country means The People’s Republic of China.
Covered telecommunications equipment or services means—
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); Attachment 1 FAR Class Deviation 2020-05, Revision 4 FAR Deviation 20-05, Rev 4 Page 7 of 17
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the
Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means—
(1) Defense articles or defense services included on the United States Munitions List set forth in the International
Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export
Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act—covered foreign entity. Attachment 1 FAR Class Deviation 2020-05, Revision 4 FAR Deviation 20-05, Rev 4 Page 8 of 17 FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201- 1.303(d) and (e):
(1) The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.
(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.
(3) The Director of National Intelligence (DNI) may issue FASCSA orders that apply to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition.
This type of FASCSA order may be referred to as a DNI FASCSA order.
Information technology, as defined in 40 U.S.C. 11101(6)—
(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—
(i) Of that equipment; or
(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;
(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but
(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.
Intelligence community, as defined by 50 U.S.C. 3003(4), means the following— Attachment 1 FAR Class Deviation 2020-05, Revision 4 FAR Deviation 20-05, Rev 4 Page 9 of 17
(1) The Office of the Director of National Intelligence;
(2) The Central Intelligence Agency;
(3) The National Security Agency;
(4) The Defense Intelligence Agency;
(5) The National Geospatial-Intelligence Agency;
(6) The National Reconnaissance Office;
(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;
(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal
Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;
(9) The Bureau of Intelligence and Research of the Department of State;
(10) The Office of Intelligence and Analysis of the Department of the Treasury;
(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or
(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National…
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