36C24526Q0637.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

36C24526Q0637 08-07-2026

CHARLES WILLIS; charles.willis@va.gov EMAIL ONLY 08-26-2026

3PM EDT

36C245

Department of Veterans Affairs

VAMC(688)

50 Irving Street NW

Washington DC 20422

X 100

X

238330

$19 MILLION

N/A

X

36C245

Department of Veterans Affairs

VAMHCS

VA MEDICAL CENTER

10 N GREENE ST

BALTIMORE, MD 21201

36C245

VAMC(688)

50 Irving Street NW

Washington DC 20422

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment

Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp

Invoice Setup Information 1-877-489-6135

See CONTINUATION Page

This is a Request for Quotations (RFQ) for Flooring

Installations, Single Award Firm Fixed Price Blanket

Purchase Agreement (BPA).

See B.10 Price/Quote Schedule for Period of Performance.

See Section E for Instructions to Offerors.

Contractor shall be responsible for the correct title classification of workers and compliance with all applicable wage and hour laws.

See CONTINUATION Page

X X

X ONE

CHARLES WILLIS

NCO516L2-2280

36C24526Q0637

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 INTRODUCTION

B.3 ADMINISTRATIVE DATA

B.4 AUTHORIZED REPRESENTATIVES

B.5 OPTION TO EXTEND THE TERM OF THE BPA

B.6 GENERAL SERVICES ORDERS

B.7 FEDERAL HOLIDAYS

B.8 NONPERSONAL SERVICES

B.9 AUTHORIZED LIMITS

B.10 PRICE/COST SCHEDULE

ITEM INFORMATION

B.11 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.5 52.219-13 NOTICE OF SET-ASIDE OF ORDERS (MAR 2020)

C.6 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION APR

2026)

C.7 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

C.8 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.9 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION)

C.10 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED

VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

C.11 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF

COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION - ATTACHMENT

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (OCT 2025) (DEVIATION)

E.2 FAR DEVIATION FEB 2025

E.3 SUPPLEMENTAL INSTRUCTIONS TO OFFERORS

E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

E.5 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS—

REPRESENTATION (NOV 2015)

E.6 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.7 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR

A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

E.8 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025)

(DEVIATION)

E.9 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.10 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.11 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND

CERTIFICATIONS (NOV 2025) (DEVIATION)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer, Charles Willis

VAMC (512)

849 International Drive

Linthicum, MD 21090

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly in Arears

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment

Requests.

5. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.2 INTRODUCTION

In the spirit of the Federal Acquisition Streamlining Act, the Department of Veterans Affairs (DVA) and ____________TBD_______________ hereby enter into a cooperative agreement, otherwise referred to as a Blanket Purchase Agreement (BPA), to further reduce the administrative costs of acquiring supplies/services. The agreement details all Services with accompanying prices and descriptions, which may be ordered under this BPA. This BPA expires on ___TBD___ or such later ending date as determined by the exercise of any option. All orders placed against this BPA are subject to the terms and conditions of all the clauses and provisions in full text or incorporated by reference in this document.

ORDERING PROCEDURE

1. Task orders may be placed against this BPA when the need for the service arises and funding is made available by the Program Office. Orders must be placed by a warranted contracting officer within Network Contracting Office 5; Contracting Officer shall verify funding is available and comply with all appropriation laws and financial policies. Each task order shall specify the type of audit(s) to be conducted, the period of performance, the deliverable schedule and the associated deliverables.

2. The ordering contracting officer should establish firm-fixed priced orders to the maximum extent practicable. For labor-hour orders, the contracting officer shall follow the procedures at FAR 8.404(h). The ordering contracting officer is responsible for considering the level of effort and the mix of labor proposed to perform the specific task(s) being ordered, and for determining that the total price is reasonable through appropriate analysis techniques and documenting the file accordingly.

B.3 ADMINISTRATIVE DATA

Contractor Program Manager:

Name:

Title:

Email:

Phone:

B.4 AUTHORIZED REPRESENTATIVES

The primary Contracting Officer (CO) for this Agreement is:

Charles Willis or any other warranted CO in NCO 5.

Department of Veterans Affairs Network Contracting Office 5 849 International Drive Linthicum, MD 21090 Charles.Willis@va.gov mailto:Charles.Willis@va.gov

The Primary Contracting Officer's Representative (COR) for projects under this Agreement is:

Lakeisha Page

The Primary and/or Secondary COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR and the Contractor's Representative shall work together to ensure that all contractual requirements are being met. The COR will interpret specifications or technical portions of the work. The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government. Only a warranted

Contracting Officer is authorized to obligate funds on this or any other contract action.

The contractor shall immediately notify the Contracting Officer in writing if the COR has taken an action (or fails to take action) or issues directions (written or oral) that the contractor considers to exceed the above limitations.

B.5 OPTION TO EXTEND THE TERM OF THE BPA

a. The Government may extend the term of this BPA by written notice to the Contractor at any time prior to the expiration of the BPA, provided that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 60 days before the BPA expires. The preliminary notice does not commit the Government to an extension.

b. If the Government exercises this option, the extended BPA shall be considered to include this option provision.

c. Task Orders issued under this BPA will identify their own specific period of performance.

B.6 GENERAL SERVICES ORDERS

a. The BPA holder shall furnish all the necessary qualified personnel, materials, facilities and management resources to furnish the services set forth in the Statement of Objectives (SOO) or the Performance Work Statement (PWS) within the terms specified and at the price(s) stated.

b. It is understood and agreed that the BPA holder shall provide Fixed-Price proposals when requested by the Contracting Officer (CO). The contractor's proposal shall be priced using labor rates and labor categories here in provided. The CO will issue Fixed Priced Orders upon completion of negotiations of contractor proposals.

B.7 FEDERAL HOLIDAYS

Unless specifically authorized in writing by the Contracting Officer, no services will be provided and no charges will be incurred and/or billed to any order on this contract on any of the Federal

Holidays listed below.

New Year’s Day Labor Day Birthday of Martin Luther King, Jr. Columbus Day Washington’s Birthday Veterans' Day Memorial Day Thanksgiving Day Juneteenth Christmas Day Independence Day

B.8 NONPERSONAL SERVICES

a. In performance of this contract, the BPA holder will provide services as required by program offices to support management of their overall mission. This will be based upon the order's performance work statement for the specific effort. Orders will be formally issued to the BPA holder as opposed to individual BPA holder employees.

b. The services required under the Agreement constitute professional and management services within the definition provided by FAR 37.201. Under this Agreement the Government will obtain professional services, which are essential to the Department of Veterans Affairs mission but not otherwise available within Department of Veterans Affairs.

c. The Government will neither supervise BPA holder employees nor control the method by which the BPA holder performs the required tasks. Under no circumstances shall the

Government assign tasks to, or prepare work schedules for, individual BPA holder employees.

It shall be the responsibility of the BPA holder to manage their employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the BPA holder feels that any actions constitute, or are perceived to constitute personal services, it shall be the BPA holder's further responsibility to notify the Contracting

Officer immediately.

d. These services shall not be used to perform work of a policy/ decision making or management nature. All decisions relative to programs supported by BPA holders will be the sole responsibility of the Government. Support services will not be ordered to circumvent personnel ceilings, pay limitations, or competitive employment procedures.

B.9 AUTHORIZED LIMITS

The Government estimates, but does not guarantee, that individual BPA Orders placed against this Agreement may reach /per Order. This Order Limit may be increased by mutual agreement of the parties as necessary, in whole or part. The authorized Ceiling Limit of the Agreement is set at over the period covered by the Agreement; this ceiling is also not a guarantee. The

Ceiling Limit may also be raised in association with Order Limit increases or other conditions which, by mutual agreement of the parties, maybe considered necessary. Authorization for individual orders above the stated order and/or Ceiling Limits must be coordinated through the

Contracting Officer before larger valued orders can be issued and prior to commencement of work. All unauthorized work, regardless of amount, will be processed through the ratification process.

B.10 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2,000.00 SY __________________ __________________

Tarkett Adapt, Woodlot Holly Oak, color TBD

Contract Period: Base POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: N055 - Installation of Equipment - Lumber, Millwork, Plywood, and Veneer

18.00 CO __________________ __________________

Tarkett C-EX Pressure Sensitive Adhesive [4-gal pail]

Contract Period: Base POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

3,000.00 SY __________________ __________________

Tarkett Sheet Vinyl; Style and Color TBD

Contract Period: Base POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

195.00 CO __________________ __________________

Tarkett Roll Smart Adhesive [4-gal pail]

Contract Period: Base POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

15.00 EA __________________ __________________

Tarkett Weld Rod; Color TBD

Contract Period: Base POP Begin: 09-01-2026 POP End: 08-31-2027

PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

250,000.00 SF __________________ __________________

Tarkett Contour Series 6"x48" LVT; Color TBD

Contract Period: Base POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

15,000.00 SF __________________ __________________

Epoxy Flooring; Color TBD

Contract Period: Base POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Installation of Carpet Tile (excludes furniture lift)

Contract Period: Base POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

30,778.00 SY __________________ __________________

General Demolition, Floor Leveling and Smoothing

Contract Period: Base POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

76,080.00 LF __________________ __________________

Furnish and Install Cove Base; Style and Color TBD

Contract Period: Base POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Installation of VCT/LVT

Contract Period: Base POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Furniture Lift (occupied spaces)

Contract Period: Base POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

9,000.00 SF __________________ __________________

Installation of Sheet Vinyl

Contract Period: Base POP Begin: 09-01-2026 POP End: 08-16-2027 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

1,600.00 FT __________________ __________________

Heat Welding

Contract Period: Base POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

50.00 FT __________________ __________________

Flash Cove and Corners

Contract Period: Base POP Begin: 09-01-2026 POP End: 08-31-2027

Contract Period: Option 1 POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 1 POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 1 POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 1 POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Base POP Begin: 09-01-2027 POP End: 08-31-2028

Contract Period: Base POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Base POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Base POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Base POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Base POP Begin: 09-01-2027 POP End: 08-31-2028

Contract Period: Base POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Base POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Base POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 1 POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Base POP Begin: 09-01-2027 POP End: 08-16-2028

Contract Period: Option 2 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 2 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 2 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 2 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 2 POP Begin: 09-01-2028 POP End: 08-31-2029

Contract Period: Option 2 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 2 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 2 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 2 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 2 POP Begin: 09-01-2028 POP End: 08-31-2029

Contract Period: Option 2 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 2 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 2 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 2 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 2 POP Begin: 08-17-2028 POP End: 08-16-2029

Contract Period: Option 3 POP Begin: 09-01-2029 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 3 POP Begin: 09-01-2029 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 3 POP Begin: 09-01-2029 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 3 POP Begin: 09-01-2029 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 3 POP Begin: 09-01-2029 POP End: 08-31-2030

Contract Period: Option 3 POP Begin: 09-01-2029 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 3 POP Begin: 09-01-2029 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 3 POP Begin: 09-01-2029 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 3 POP Begin: 09-01-2029 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 3 POP Begin: 09-01-2029 POP End: 08-31-2030

Contract Period: Option 3 POP Begin: 09-01-2029 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 3 POP Begin: 09-01-2029 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 3 POP Begin: 09-01-2029 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 3 POP Begin: 09-01-2029 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 3 POP Begin: 09-01-2029 POP End: 08-31-2030

Contract Period: Option 4 POP Begin: 09-01-2030 POP End: 08-31-2031 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 4 POP Begin: 09-01-2030 POP End: 08-31-2031 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 4 POP Begin: 09-01-2030 POP End: 08-31-2031 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 4 POP Begin: 09-01-2030 POP End: 08-31-2031 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 4 POP Begin: 09-01-2030 POP End: 08-31-2031

Contract Period: Option 4 POP Begin: 09-01-2030 POP End: 08-31-2031 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 4 POP Begin: 09-01-2030 POP End: 08-31-2031 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 4 POP Begin: 09-01-2030 POP End: 08-31-2031 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 4 POP Begin: 09-01-2030 POP End: 08-31-2031 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 4 POP Begin: 09-01-2030 POP End: 08-31-2031

Contract Period: Option 4 POP Begin: 09-01-2030 POP End: 08-31-2031 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 4 POP Begin: 09-01-2030 POP End: 08-31-2031 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 4 POP Begin: 09-01-2030 POP End: 08-31-2031 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 4 POP Begin: 09-01-2030 POP End: 08-31-2031 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Contract Period: Option 4 POP Begin: 09-01-2030 POP End: 08-31-2031

GRAND TOTAL __________________

B.11 STATEMENT OF WORK

1. Objective. The Baltimore VA Medical Center needs new flooring throughout the entire campus facility, along with Perry Point and Loch Raven. At present, the flooring in the facility is in a state of systemic failure, allowing penetration of waste-water, infestation of pests, growth of bacteria and mold and creating potential trip and fall hazards.

2. With our Veterans, their families/guests and our staff in mind, we will renovate multiple areas requiring new flooring for the Baltimore VAMC. The requirement of this contract is to replace aged, worn, damaged and unsightly flooring and carpeting throughout the facility. This will improve safety, cleanliness and infection control processes, improve employee and patient satisfaction scores while increase patient-centered care practices by adding clean and suitable flooring with trim, transition strips, and cove base

3. Baltimore VA Medical Center, Healthcare System, is seeking a Blanket Purchase

Agreement to acquire, from a single source, “turn-key” solutions for flooring over a base + four-year period with a yearly option until the five-year period is completed. This agreement is specifically intended to supply flooring to areas in the in-patient and VA facilities that are presently built and occupied, or for smaller projects performed in-house. This is not intended to be used for larger, externally contracted projects. This scope of work will largely be performed in different areas throughout the entire Baltimore VAMHCS facility.

There are multiple flooring requests/deficiencies in the leaf system- the breakdown is as follows:

Baltimore 62

Loch Raven 5

Perry Point 24

There are a total of seven (7) EOC (Environment of Care) deficiencies at the

Baltimore VA Hospital. These deficiencies pose a safety risk, tripping hazards, or infection control concerns.

4. The execution of this requirement will depend upon the flooring needs in various areas of the facility. A programmed approach, addressing the most egregious areas first, will be implemented, however the flooring system is so fragile that there must be https://www.va.gov/maryland-health-care/locations/baltimore-va-medical-center flexibility to address the continuing emergent failures and needs that occur throughout the building.

5. Scope. The Contractor shall provide staffing, equipment, transportation, storage and other necessary materials to perform services including air handlers or negative air machine. The Contractor shall perform services as requested by COR or designated representative.

This is a flooring materials and installation requirement. It is essential that the flooring required be designed, delivered, staged/moved, and installed in order to coordinate the timely delivery, installation and integration essential for government operations. Pricing shall include the demolition, removal and disposal of existing flooring or carpet and minor floor preparation for new flooring materials including skim coat. The contractor shall provide all installation requirements including labor, equipment, tools, accessories, and materials to properly remove, dispose of and install all flooring materials.

The determination of the flooring need has been conducted as follows:

• The estimated square footage in Baltimore VA Medical Center, unimproved flooring is calculated at 800,000 sq ft.

• It is anticipated that two thirds (66%) of the remaining flooring will be replaced by this BPA, for a total of 480,600 sq ft. of new flooring.

• The requirement is for a one-year BPA with a four-year option with the expectation that 120,150 sq ft. of flooring will be replaced each year.

The contractor shall be responsible for the removal, replacement and installation of approximately (per year) in accordance with price/cost schedule and item information.

PERIOD OF PERFORMANCE:

The Period of Performance: Base year plus four (4) option renewal years.

Upon award, the VA will require that the bill of materials is tagged by room for ease of installation. A project manager or project designer and installation foreman must be onsite.

• The services will be provided mainly in the VA Baltimore Healthcare System, located at: 10 North Greene Street, but will also include servicing in the following facility locations:

Loch Raven VA Medical Center

3901 The Alameda

Baltimore, MD 21218-2100

Perry Point VA Medical Center

361 Boiler House Road, Building 361

Perry Point, MD 21902-1103

Ordering Procedures. Request for services will be coordinated by the COR or designated representative. The number of requests will vary from month to month and small to large orders. Contractors shall generate an estimate to be approved by the COR.

CONTRACTOR RESPONSIBILITIES

The Contractor shall take necessary precautions to avoid damaging walls, floors, elevators and lobbies and window when performing activities. The Contractor shall be responsible for all costs associated with damages related to installation activities

a) The Government shall not be charged for the arrival of Contractor’s personnel and/or delivery of contractor-provided supplies or materials. VA Medical Centers for VAHMCS shall not pay for travel time to and from the work site but shall pay for transportation between different VA locations during the workday.

b) Work starts and end times shall be performed by full staffing and have materials and supplies available. In the event, operations must stop due to a shortfall in materials, staff or supplies, hours shall not be charged to the Government. Contractor staff shall report for duty at the Interior design office. Contractor shall review workday assignments and scheduling with Interior Design prior to the start of each workday. The normal workday shall be 7:30am thru 3:30pm, and on occasion, evenings and weekends.

c) The Government shall not pay for the Contractor employee wait times or equipment failure. The Contractor’s shall have a quality assurance plan to address these circumstances.

• Debris. All debris shall be removed and disposed of by the Contractor in the VA provided with trash dumpsters and scrap cage. Cardboard shall be delivered to the waste management building for recycling. No debris shall be thrown from the windows or doors on any VA property. Contractors are required to keep the area floor and work area free of debris and clean.

• Unpacking/ Uncrating and Placement of Property: Any Government furnished property that requires the contractor to wrap or take additional precautions, while in transport or temporary storage, shall be returned assembled upon arrival at the new location with debris removed.

https://www.va.gov/maryland-health-care/locations/loch-raven-va-medical-center https://www.va.gov/maryland-health-care/locations/perry-point-va-medical-center

• Equipment and Tools: The Contractor shall provide the necessary tools and equipment to complete the task. Assuring security of tools is the responsibility of the contractor. Any equipment or tools left unattended or in an unsecured area shall be at risk for the contractor and/or his employees. The Government accepts no liability for loss/damaged/stolen contractor’s tools and equipment.

• Work Areas: Contractor-owned equipment or tools may not block exits, corridors, or impede access to entrances/exits or rooms and shall always be under the control of the contractor. If contractor leaves the work site, all tools shall be removed as well.

• Safety and Security Precautions: Contractor shall provide his/her employees with the safety equipment which is required for the performance of the contract. The contractor shall take precautions regarding fire and safety policies/procedures within VA Medical Centers for VMHCS. The Contractor is responsible for immediately notifying the COR/designated rep of any existing or potentially unsafe conditions, i.e., frayed electrical cord, dripping or seeping of fluids, etc. Contractor shall comply with all Occupational Safety and Health Act (OSHA) and applicable laws/regulations for the protection of his/heremployees. The Government shall assume no liability or responsibility for the Contractor’s compliance or noncompliance with such requirements.

• Personnel Qualifications/Policy: All work shall be performed by “Fully Qualified” personnel to perform the tasks for installation services. Contractor’s employees shall have:

1. The ability to meet and deal with the public.

2. The ability to read English, understand detailed orders, instructions and flooring drawings and layouts.

3. Familiarity with a variety of window treatments and window covering products, parts and components.

The Government reserves the right to accept or reject Contractor’s staff for the rendering of services. Complaints concerning Contract Personnel’s performance or conduct shall be dealt with by the Contractor and COR with the final decision being made by the Contracting Officer.

• Contractor Personnel Security Requirements: The Office of Security and Law

Enforcement provide Department-wide policy on the assignment of appropriate position sensitivity designations associated with Department of Veterans Affairs (VA) positions involving national security and public trust responsibilities, and on the level of background investigations required for applicants for, and incumbents of, those positions.

• Personal Hygiene and Clothing: In performance of this contract, Contractor personnel shall be neat, clean, well-groomed and shall otherwise exercise good personal hygiene. Appropriate and professional attire shall always be worn. Athletic and athletic-style garments (i.e., jogging suits, sweat suits, running shorts, tee shirts) shall not be worn by Contractor’s employees.

• Service Calls: Contractor shall provide in the space provided below, the name, location, and telephone number of the office where services calls are to be placed.

• Ordering Activities and Officers: The Contractor shall not accept any instructions issued by any other person(s) other than the Contracting Officer, the

COR, or his/her delegated representative acting within the limits of his/her authority.

• Changes: Only those services specified herein are authorized. Before performing any service of a non-contract nature, the Contractor shall advise the Contracting Officer, COR and Interior Designers of the reasons for the Additional work. Changes to the resulting contract are not authorized, unless in writing by the Contracting Officer.

Performance Monitoring. The Contracting Officer Representative (COR) will monitor contractor performance and certify the work was done in accordance with the SOW.

Delivery. Delivery is to take place between the hours of 8:00 am to 12:00 pm, during normal working hours.

Installation. Installations hours are from 7:00 am to 3:30 pm and on occasion weekends and evenings. All installation is done properly to manufacturer’s specification. Incorrect assembly or an improper installation that damages or alters the product, voids the product warranty. This includes any product damage incurred while transporting, assembling or installing the product on-site.

Contractor shall install flooring from shipments and warehouse stock scheduled by Interior

Design.

Overtime: Any overtime shall be approved by the service Chief (Interior’s Supervisor or

Environmental Management Services Chief) before services are rendered.

National Holidays:

New Year’s Day

Martin Luther King’s Birthday

President’s Day

Memorial Day

Juneteenth Day

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving Day

Christmas Day

If the holiday falls on a Sunday, the following Monday will be observed as a national holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a

National holiday by U.S. Government Agencies, and any day specifically declared by the

President of the United States of America.

Overtime & Holiday Pay: Overtime pay is at the rate of one and one-half times the employee's regular rate of pay for all hours worked in excess of eight up to and including 12 hours in any workday, and for the first eight hours of work on the seventh consecutive day of work in a workweek. Overtime pay also includes Federal Holidays.

4. Contractor Employees

a. The Contractor shall not employ persons for work on this contract if such employee is identified to the Contractor as a potential threat to the health, safety, security, general well-being or operational mission of the installation and its population.

Contract Personnel shall be subject to the same quality assurance standards or exceed current recognized national standards as established by the Joint

Commission (JC).

b. Badge. Contractor shall obtain a “Contractor I.D Badge” from the VA Police. All Contractor personnel are required to wear I.D Badge during the entire time on VA facility.

The I.D Badge MUST have an identification picture and shall state the name of the individual and the company represented.

c. PARKING: It is the responsibility of the contract personnel to park in the appropriate designated parking areas. Parking information is available from

VA Police & Security Service Office. The Contractor assumes full responsibility for any parking violations.

d. Smoking is strictly prohibited on the grounds of any VHA facility. Per VHA Directive

1085 dated March 5, 2019, it is VHA policy that all VHA health care facilities, including hospitals, community clinics, administrative offices, and Vet Centers, will be smoke-free for patients, visitors, contractors, volunteers, and vendors effective

October 1, 2019. There will no longer be designated smoking areas.

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The

Government must exercise its post acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31

U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the

Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31

U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the

Contractor is reasonably notified of such claims and proceedings.

(i) Payment—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the Contracting

Officer.

(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the

Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part

33 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon—

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the

Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the

Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C.

chapter 21 relating to procurement integrity.

(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract,

(5) Solicitation provisions incorporated in the solicitation.

(6) Other paragraphs of this clause.

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service

(TOS), or similar legal instrument or agreement, that includes any clause requiring the

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (s)(1) of…