As prescribed in (HSAR) 48 CFR 3012.301, insert (HSAR) 48 CFR 3052.212-70, Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items, in any solicitation or contract for commercial items when any of the provisions or clauses listed therein applies and where incorporation by reference of each selected provision or clause is, to the maximum extent practicable, consistent with customary commercial practice. If necessary, tailor this clause.
CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF COMMERCIAL ITEMS (SEP 2012)
The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:
[The Contracting Officer should either check the provisions and clauses that apply or delete the provisions and clauses that do not apply from the list. The Contracting Officer may add the date of the provision or clause if desired for clarity.]
____3052.209-72 Organizational Conflicts of Interest.
____3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause.
____3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program.
____3052.203-70 Instructions for Contractor Disclosure of Violations.
____3052.204-70 Security Requirements for Unclassified Information Technology Resources.
____3052.204-71 Contractor Employee Access.
____3052.205-70 Advertisement, Publicizing Awards, and Releases.
____3052.209-73 Limitation on Future Contracting.
____3052.215-70 Key Personnel or Facilities.
____3052.216-71 Determination of Award Fee.
____3052.216-72 Performance Evaluation Plan.
____3052.216-73 Distribution of Award Fee.
____3052.217-91 Performance. (USCG)
____3052.217-92 Inspection and Manner of Doing Work. (USCG)
____3052.217-93 Subcontracts. (USCG)
____3052.217-94 Lay Days. (USCG)
____3052.217-95 Liability and Insurance. (USCG)
____3052.217-96 Title. (USCG)
____3052.217-97 Discharge of Liens. (USCG)
____3052.217-98 Delays. (USCG)
____3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair. (USCG)
____3052.217-100 Guarantee. (USCG)
____3052.219-70 Small Business Subcontracting Plan Reporting.
____3052.219-71 DHS Mentor Protégé Program.
____3052.228-90 Notification of Miller Act Payment Bond Protection. (USCG)
____3052.228-91 Loss of or Damage to Leased Aircraft. (USCG)
____3052.228-92 Fair Market Value of Aircraft. (USCG)
____3052.228-93 Risk and Indemnities. (USCG)
____3052.236-70 Special Provisions for Work at Operating Airports.
____3052.242-72 Contracting Officer’s Technical Representative.
____3052.247-70 F.o.B. Origin Information.
____3052.247-71 F.o.B. Origin Only.
____3052.247-72 F.o.B. Destination Only.
(End of clause)