FAR Clauses.docx
DOCX document 19 KB Posted
- Attached to
- USCGC Midgett - Rotella T3 15W40
- Solicitation number
- 11708PR260022242
About this file
This is a Federal Acquisition Regulation (FAR) clauses incorporation document that outlines the contractual terms and conditions applicable to the USCGC Midgett commercial supply procurement. The document incorporates FAR and Homeland Security Acquisition Regulation (HSAR) clauses by reference, including FAR 52.212-4 and 52.212-5 for commercial products and services, along with HSAR 3052.212-70 specific to Department of Homeland Security acquisitions. Selected clauses address convict labor prohibitions, segregated facilities, equal opportunity, trafficking in persons prevention, Buy American requirements for supplies, restrictions on foreign purchases, electronic funds transfer payment methods, and accident and fire reporting for contractor activities on government property. The document specifies that F.O.B. Destination Only applies under HSAR 3052.247-72, and excludes certain child labor and commercial services clauses as not applicable to this commercial supply acquisition.
The underlying solicitation (11708PR260022242) is for 1,090 gallons of Shell Rotella T3 15W40 bulk lubricating oil to be delivered to Honolulu, Hawaii with pumping capability. This is a firm-fixed-price commercial purchase order using simplified acquisition procedures under FAR Parts 12 and 13, with award based on lowest total evaluated price from responsible quoters meeting technical requirements and delivery schedules. Quoters must provide itemized pricing for unit cost per gallon, delivery to Hawaii, pumping services, freight, fuel surcharge, handling, environmental and state/local fees. The North American Industry Classification System code is 424720 (Petroleum and Petroleum Products Merchant Wholesalers), with a small business size standard of 500 employees, and award is anticipated one business day after solicitation closure.
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| File | Type | Posted |
|---|---|---|
| SOW - Shell Rotella T3 15W40.docx | DOCX document |
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======= 52.252-2 CLAUSES INCORPORATED BY REFERENCE (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were full text. Upon request, the Contracting Officer will make their full text available. Full text of the clauses may be accessed electronically at Websites listed:
https://www.acquisition.gov/far/
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) and Homeland Security Acquisition Regulation (HSAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to this acquisition of commercial products:
1. FAR 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services (NOV 2023).
2. FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (MAR 2026).
3. HSAR 3052.212-70, Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items (JUL 2023).
4. HSAR 3052.223-90, Accident and Fire Reporting (USCG), if contractor delivery or pumping activities will be performed on Government-owned or leased property.
(a) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
FAR 52.212-5
CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES(MAR2026) ==================================================================
FAR 52.212-5 SELECTIONS
The following FAR 52.212-5 paragraph (a) clauses apply automatically:
FAR 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.
FAR 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities.
FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
FAR 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations.
FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors.
FAR 52.233-3, Protest After Award.
FAR 52.233-4, Applicable Law for Breach of Contract Claim.
The following FAR 52.212-5 paragraph (b) clauses are selected:
[X] FAR 52.222-3, Convict Labor.
[ ] FAR 52.222-19, Child Labor—Cooperation with Authorities and Remedies.
[X] FAR 52.222-21, Prohibition of Segregated Facilities.
[X] FAR 52.222-26, Equal Opportunity.
[X] FAR 52.222-50, Combating Trafficking in Persons.
[X] FAR 52.225-1, Buy American—Supplies.
[ ] Alternate I to FAR 52.225-1, Buy American—Supplies.
[X] FAR 52.225-13, Restrictions on Certain Foreign Purchases.
[X] FAR 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving.
[X] FAR 52.232-33, Payment by Electronic Funds Transfer—System for Award Management.
[ ] FAR 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management.
[X] FAR 52.232-36, Payment by Third Party.
No FAR 52.212-5 paragraph (c) commercial-services clauses are selected because this is a commercial supply acquisition.
FAR 52.212-5 paragraph (d), Comptroller General Examination of Record, does not apply because the contemplated award value is below the simplified acquisition threshold.
HSAR 3052.212-70 SELECTION
The following provision is selected under HSAR 3052.212-70:
[X] HSAR 3052.247-72, F.O.B. Destination Only.
No other HSAR 3052.212-70 provisions or clauses are selected unless determined applicable by the contracting officer under the current DHS/USCG clause matrix.
END OF CLAUSE PAGE
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