Attachment 4 - Terms and Conditions - 70Z03826QJ0000296.pdf
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- Relay Switch Box, AN Federal contract opportunity
- Solicitation number
- 70Z03826QJ0000296
About this file
This document is Attachment 4 - Terms and Conditions for a Department of Homeland Security (DHS) commercial items acquisition (solicitation number 70Z03826QJ0000296). The terms and conditions supersede all other contract terms and apply to any order awarded under this solicitation, with acceptance of the order constituting acceptance of all contained terms.
The evaluation methodology awards the contract to the lowest priced, technically acceptable offeror representing the best value to the Government. Technical Acceptability is evaluated as either "acceptable" or "unacceptable" based on the offeror's ability to manufacture items listed in either Attachment 1 (Schedule with First Article) or Attachment 2 (Schedule). All contractors must be registered in the Defense Logistics Agency's Joint Certification Program (JCP) and must provide proof of active JCP Certification per Section 3.2 of the Statement of Work prior to requesting document access. Pricing evaluation includes quantity discounts and prompt payment discounts, with fair and reasonableness determined using techniques defined in FAR 12.204. The evaluation process begins with the lowest priced offer; if it does not receive an acceptable technical or past performance rating, evaluation continues in order of ascending price until a technically acceptable offer is identified. Award is made by written notice, which creates a binding contract without further action by either party. The Government may accept an offer or part thereof before the offer's expiration time unless a written withdrawal notice is received before award.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Attachment 4 - Terms and Conditions - 70Z03826QJ0000296.pdf | ||
| Attachment 5 - Non-Disclosure Agreement - 70Z03826QJ0000296.pdf | ||
| Attachment 3 - Statement of Work - 70Z03826QJ0000296.pdf | ||
| Attachment 1 - Schedule with First Article - 70Z03826QJ0000296.xlsx | XLSX spreadsheet | |
| Attachment 2 - Schedule - 70Z03826QJ0000296.xlsx | XLSX spreadsheet |
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Attachment 4 - Terms and Conditions
70Z03826QJ0000296
3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of (Jul 2023) Commercial Items (HSAR DEVIATION 25-09) (effective November 28, 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.
(a) Provisions
52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (Aug 2025) (DEVIATION 25-21) (effective November 28, 2025)
52.212-2 Evaluation—Commercial Products and Commercial Services (Aug 2025) (DEVIATION 25-21) (effective November 28, 2025)
(a) Evaluation Factors. The provision at FAR 52.212-2 Evaluation of Commercial Items is not applicable to this solicitation. In lieu of this provision, quotes will be evaluated in accordance with FAR 12.203 based on the criteria listed below. Award will be made to the lowest priced, technically acceptable offeror representing the best value to the Government.
Technical Acceptability: 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 manufacture the items listed in “Attachment 1 – Schedule with First Article - 70Z03826QJ0000296” or “Attachment 2 – Schedule – 70Z03826QJ0000296”. Contractors shall be registered in the Defense Logistics Agency's (DLA) Joint Certification Program (JCP). Offerors shall provide proof of active JCP Certification in accordance with (IAW) Section 3.2 of the Statement of Work (SOW), prior to requesting access to documents.
Price: The contractor shall provide pricing as requested in accordance with “Attachment 1 - List of Items – 70Z03826QJ0000296” or “Attachment 2 – Schedule – 70Z03826QJ0000296”. Any quantity price discounts and discounts for prompt payment should be included in this section. The offeror’s quotation will be evaluated using one or more of the techniques defined in FAR 12.204, in order to determine if it is fair and reasonable.
Evaluation Method: Only the lowest priced offer will be evaluated for Technical Acceptability. Should the lowest priced offer not receive an acceptable technical or past performance rating, the process will continue in order of lowest priced offer until the lowest priced, technically acceptable offer is identified.
(b) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
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