36C26126Q1034 Brand Name VAPIHCS Flooring Materials IDIQ RFQ.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

36C26126Q1034 08-18-2026

Victoria Torres 7027919000 08-31-2026

1500 PDT

00261

Department of Veterans Affairs

Network Contracting Office 21

6900 N. Pecos Road, Building 6

North Las Vegas

NV 89086

X 100

X

238330

$19 Million

N/A

See Delivery Schedule

00261

Department of Veterans Affairs

Network Contracting Office 21

6900 N. Pecos Road, Building 6

North Las Vegas

NV 89086

Financial Services Center

P.O. Box 149971

Austin TX 78714-9971

See CONTINUATION Page

VAPIHCS Flooring Materials IDIQ

* THIS IS A BRAND NAME ONLY REQUIREMENT*

Submission of your response shall be received no later than

August 31, 2026 at 1500 PDT at victoria.torres@va.gov.

Any question or concerns regarding this solicitation should be forwarded in writing via email to the Point of

Contact listed at Victoria Torres, Contract Specialist, victoria.torres@va.gov by August 24, 2026 at 1500 PDT.

See CONTINUATION Page

36C26126Q1034

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 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

C.5 52.216-18 ORDERING (AUG 2020)

C.6 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.7 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.8 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION)

C.9 52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2025) (DEVIATION)

C.10 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(NOV 2025) (DEVIATION)

C.11 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

C.12 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.13 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023) ...56

C.14 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.15 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

E.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.3 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.4 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2025)

(DEVIATION)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)(DEVIATION NOV 2025)

E.7 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.9 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

E.10 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)(DEVIATION OCT 2025)

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 36C261

Network Contracting Office 21

6900 N. Pecos Road, Building 6

North Las Vegas

NV 89086

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, or

[X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon Delivery and Government Acceptance

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. Invoicing shall be in accordance with the requirements of The Department of

Veterans Affairs Financial Services Center (VAFSC). The latest information shall be used for invoicing and payments and may change during the period of performance of this acquisition.

Current invoicing information is located at http://www.fsc.va.gov/einvoice.asp

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

AMENDMENT NO DATE

STATEMENT OF WORK

459 VAPIHCS Flooring Materials

1.PURPOSE:

The purpose of this Indefinite Delivery Indefinite Quantity (IDIQ) Flooring Materials Contract is to establish a source for the supply and delivery of commercial-grade/ healthcare-grade flooring materials for facilities supported by the Veterans Affairs Pacific Islands Health Care System (VAPIHCS). This IDIQ Flooring Materials Contract covers materials only and does not include installation, removal, site preparation, or labor services.

2. SCOPE

The Contractor is required to provide brand name flooring materials. The contractor must be able to provide any base materials necessary to replace existing flooring. Installation will not be required.

Luxury Vinyl Plank (LVP)/Luxury Vinyl Tile (LVT) -MetroFlor Deja New San Marcos Oak Pumice Wash DN1445105 Must be Luxury Vinyl Plank (LVP) commercial-grade strength and waterproof properties for high traffic areas.

Must be a standard ASTM F1700 specification with Class III, Type B classification Must be 9 x 60 in. Plank (228.6 x 1,524 mm) tile size to properly fit area dimensions.

Must have a wear layer thickness of 0.5mm 20 mil and overall thickness of 2.5 mm (0.098 in.)

Must have a Micro-Bevel Edge profile Must meet ASTM E648 Critical Radiant Flux (Radiant Panel) Class I > 0.45 W/Sq. cm. rating in accordance with the fire-test-response standard Must meet ASTM F970 static load > 0.5 with static load of 0.005 in., 1,400 psi Must meet ASTM D2047 Coefficient of Friction / Slip Resistance > 0.6 (Dry) Must meet ASTM D4060 Abrasion Resistance Average > 20,000 cycles Must pass ASTM tests for chemical resistance, residential indentation, and flexibility.

Must be complaint with Heat (ASTM F 1514) and Light (ASTM F 1515) color stability by color change < 8.

Must have finish design options including wood, abstract, and stone looks.

Must have an FX3 antimicrobial and floor protection finish.

Must meet the Manufacturer’s compatibility guidelines (to preserve warranties)

Cove Base- Flexco 6” Wallflowers TS Rubber Base Cove 4’ Gray 036 Base Must meet ASTM F1861 – Resilient Wall Base Type TS, Group 1, Styles A & B Must meet ASTM E648 (NFPA 253) – Critical Radiant Flux Class I, ≥ 0.45 W/cm2

Must meet ASTM E84 – Flammability Class A Must meet ASTM F925 – Chemical Resistance Excellent Must meet ASTM F137 and ASTM F1515 – Flexibility Excellent/ Light Stability ∆E ≤ 8 Achieved NSF/ANSI 332 Level 1 Certification

Hard Set Adhesive-Prevail 3500 Hard-set Adhesive Must be solvent free, acrylic adhesive Must be compatible with homogeneous and heterogeneous sheet flooring, LVT, LVP Must meet ATSM F2170: 80%<, ATSM F1869:6lbs< (moisture vapor emissions) Must have 1 year unopened shelf life Must meet ATSM F710 pH between 7.0-10.0, per ASTM F2170 or ASTM F1869 test standards Must be maintained at 65° to85°F

Sheet Vinyl Flooring (Healthcare grade)-Mannington Resillient Sheet including BioSpec

MD

Must be Homogenous and meet ASTM F1913 Sheet Vinyl Floor Covering without backing Must pass Static Load (ASTM F970) Must pass ASTM F925 tests for chemical resistance, residential indentation, and flexibility.

Must meet ASTM E648 Flooring Radiant Panel Must be< 0.007 Must pass Resistance to Mold/Mildew (ASTM G21/E2180)- PASSES Must be compatible with Mannington Commercial Weld Rods/MCS-42 Chemical Seam Sealer/Mannington Seam Coater for high traffic areas Must pass Resistance to Heat (ASTM Fl514) passes < 8 Delta E Color Change Must pass Smoke Density (ASTM E662) passes Class 1; 2: 0.45 watts/cm2 Must meet Flexibility (ASTM Fl37) standards passes 1 1/2' Mandrel - No Crack/Break Must be compatible with all BioSpec Accessories 1500 series. (weld rod, ideal base, wall base)

Carpet Tile (Commercial/Healthcare grade) -Mohawk -Must meet modular carpet tile format 24”x24” and 12”x36” (if applicable)

- Must meet solution dyed nylon

- Must be high density tufted for dimensional stability

- Must be PVC free thermoplastic backing or equivalent

- Must meet ASTM E648 (class 1 or better) and ASTM E662 (smoke density) -CRI Green Label Plus certification , low VOC emissions

Rubber Flooring or Rubber Tile -Mannington -Must be commercial thermoset vulcanized rubber flooring -Must be 18”x18”, 24”x24” or 4’x50’ sheet -Must be slip resistant surface suitable for high traffic commercial and healthcare spaces -Must be certified LOW VOC per LEED or FloorScore -Must meet ASTM F1344, ASTM f1859

- Must meet ASTM E648 Critical Radiant Flux

- Must pass Smoke Density (ASTM E662)

- Must meet ASTM D2047 SCOF

Epoxy Floor Coatings -Two-component, 100% solids epoxy coating for interior concrete floors.

-Minimum adhesion strength of 250 psi per ASTM D4541.

-Compressive strength ≥ 10,000 psi per ASTM D695.

-Abrasion resistance per ASTM D4060.

-Chemical resistance per ASTM D1308.

-Slip resistance meeting ANSI A326.3 where required.

-Compatible with concrete moisture testing per ASTM F1869 and ASTM F2170.

-Low VOC formulation compliant with applicable regulations.

-Available in standard colors with optional aggregate or flake system.

Vinyl Composition Tile (VCT):

-12” × 12”, 1/8” thick vinyl composition tile conforming to ASTM F1066, Class 2.

-Commercial-grade homogeneous construction.

-Meets ASTM E648 Class I critical radiant flux requirements.

-Dimensional stability per ASTM F2199 and indentation resistance per ASTM F970.

-FloorScore certified for low VOC emissions.

-Glue-down installation with moisture testing per ASTM F1869 or ASTM F2170.

-Available in manufacturer’s standard commercial color selections.

Specific manufacturer brand names or product models will be identified in individual delivery orders when required to match existing installations, ensure compatibility, maintain warranties, and meet facility operational requirements.

3. Contract Line Items

Luxury Vinyl Plank (LVP) /Luxury Vinyl Tile (LVT)

• Unit: SF

• Includes: LVP and/or LVT flooring, cove base, underlayment, adhesive, trims, reducers, (if required) and all materials required for installation. CLIN is for materials only.

Vinyl Flooring

• Unit: SF

• Includes: Sheet vinyl, adhesive, cove base, weld rods, underlayment edge trim, reducers, (if required), and all materials required for installation. CLIN is for materials only.

Carpet Tile

• Unit: SF

• Includes: Carpet tile, cove base, adhesive, transition strips, moisture barriers (if required), edge trims, and all materials required for installation. CLIN is for materials only.

Rubber Flooring

• Unit: SF

• Includes: Rubber flooring, cove base, adhesive, trims, reducers, (if required) and all materials required for installation. CLIN is for materials only.

Epoxy Floor Coatings

• Unit: SF

• Includes: Epoxy Floor Coatings, underlayment, adhesive, trims, reducers, and all materials required for installation. CLIN is for materials only.

Vinyl Composition Tile (VCT)

• Unit: SF

• Includes: flooring, underlayment, cove base, adhesive, trims, reducers, (if required) and all materials required for installation. CLIN is for materials only.

Freight / Delivery

• Unit: Job

• Includes: All shipping, handling, and delivery of materials to the delivery order location (if required).

4.2 IDIQ CEILING:

The IDIQ Ceiling for this contract is $1,500,000.00.

This amount represents the maximum cumulative value of all orders placed under this IDIQ contract.

4.3 Obligation of Funds

The IDIQ contract itself does not obligate funds. Funds will be obligated only upon issuance of individual delivery orders referring to this contract. Each delivery order will include its own accounting classification, funding citation, and total dollar amount.

5. ORDERING PROCEDURES

5.1 Delivery Orders

Authorized VA personnel will issue BPA calls specifying the contract line item.

Material type and description Period of performance Quantity required Delivery location (see 7.2 geographic locations) Required delivery date

5.2 Funding

Delivery Orders below the micro purchase threshold of $15,000 will be paid by GPC. Orders above $15,000 can only be issued by a Contracting Officer through a funded delivery order.

6. PERIOD OF PERFORMANCE

Ordering Period 1: September 14, 2026, through September 13, 2027 Ordering Period 2: September 14, 2027, through September 13, 2028 Ordering Period 3:: September 14, 2028, through September 13, 2029 Ordering Period 4:: September 14, 2029, through September 13, 2030 Ordering Period 5:: September 14, 2030, through September 13, 2031

7. DELIVERY AND ACCEPTANCE

7.1 Delivery Schedule

Delivery locations will be specified in each delivery order. Deliveries for any Hawaiian Island locations will take place between 8:00am-4:00pm HST (see 7.2).

Special instructions will be included in each call for Guam and American Samoa locations.

Materials are subject to inspection and acceptance at destination by the Government. The Contractor shall replace any rejected materials at no additional cost.

7.2 Geographic locations will include the following:

VAPIHCS 459 Patterson Rd. Honolulu, HI 96819

• Bldg. 30, Ambulatory Care Clinic (ACC)

• Bldg. 32, Parking Structure (PRKG

• Bldg. 110, Community Living Center (CLC)

• Bldg. T1, E-Wing (EW)

• VA Warehouse 3375 Koapaka St Honolulu, HI 96819

• VA Community Based Outpatient Clinics (CBOC) including:

Windward VA Clinic- 46-001 Kamehameha Hwy Ste 301 Kaneohe, HI 96744 Hilo VA Clinic- 45 Mohouli St. Hilo, HI 96720 Kona VA Clinic - 73-5618 Maiau St. Ste 200 Kailua-Kona,HI 96740 Maui VA Clinic - 203 Ho’ohana Street Kahului, HI 96732 Kauai VA Clinic - 4485 Pahe’e Street Ste 150 Lihue, HI 96766

Molokai VA Clinic - 604 Mauna Loa Hwy Kaunakakai, HI 96748

• Guam VA Clinic- 498 Chalan Palasyo Agana Heights GU 96910-6427

• Faleomaveaga Eni Fa’aua’a Hunkin VA Clinic- Fiatele Teo Army Reserve Building Pago Pago, AS 96799

8. INVOICING

Invoices shall reference:

Contract Number Delivery Order Number Contract Line Item Description of flooring materials Delivery date and location

Invoices shall be submitted through the VA Invoice Processing Platform (IPP) unless otherwise directed.

9. RECORDS MANAGEMENT REQUIREMENTS:

NARA Records Management Language for Contracts (May 2017):

https://www.archives.gov/records-mgmt/handbook/records-mgmt-language.html

RECORDS MANAGEMENT OBLIGATIONS

A. Applicability

This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions “Federal Record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that https://www.archives.gov/records-mgmt/handbook/records-mgmt-language.html agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes Department of Veteran’s Affairs records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their VAPIHCS contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

The following standard Items relate to records generated in executing this contract and should be included in a typical contract where records could possibly be created, maintained or dispositioned:

1. Contractor(s) shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law.

Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. [FACILITY] and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of VAPIHCS or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.

In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to VAPIHCS The agency must report promptly to NARA in accordance with

36 CFR 1230.

5. The Contractor(s) shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the SOW. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to VAPIHCS control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor(s) is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and [FACILITY] guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor(s) shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with [FACILITY] policy.

8. The Contractor(s) shall not create or maintain any records containing any non-public [FACILITY] information that are not specifically tied to or authorized by the contract.

9. The Contractor(s) shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The [FACILITY] owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which [FACILITY] shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

28,750.00 SF ________________

Luxury Vinyl Plank (LVP)/Luxury Vinyl Tile (LVT); Deja New San Marcos Oak Pumice Wash; DN1445105; Metroflor;

Includes Hard Set Adhesive-Prevail 3500 Contract Period: Base POP Begin: 09-14-2026 POP End: 09-13-2027 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

MANUFACTURER PART NUMBER (MPN): METROFLOR

LOCAL STOCK NUMBER: METROFLOR

Cove Base; 6” Wallflowers TS Rubber Base Cove 4’ Gray 036 Base; Flexco Contract Period: Base POP Begin: 09-14-2026 POP End: 09-13-2027 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

MANUFACTURER PART NUMBER (MPN): FLEXCO

LOCAL STOCK NUMBER: FLEXCO

5,750.00 SF ________________

Sheet Vinyl Flooring (Healthcare grade); Resillient Sheet including BioSpec MD; Mannington Contract Period: Base POP Begin: 09-14-2026 POP End: 09-13-2027 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

MANUFACTURER PART NUMBER (MPN): MANNINGTON

LOCAL STOCK NUMBER: MANNINGTON

1.00 SF ________________

Carpet Tile (Commercial/Healthcare grade); Mohawk Contract Period: Base

POP Begin: 09-14-2026 POP End: 09-13-2027 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

MANUFACTURER PART NUMBER (MPN): MOHAWK

LOCAL STOCK NUMBER: MOHAWK

Rubber Flooring or Rubber Tile; Mannington Contract Period: Base POP Begin: 09-14-2026 POP End: 09-13-2027 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Epoxy Floor Coatings; Uzin Contract Period: Base POP Begin: 09-14-2026 POP End: 09-13-2027 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

MANUFACTURER PART NUMBER (MPN): UZIN

LOCAL STOCK NUMBER: UZIN

Vinyl Composition Tile (VCT); Armstrong Contract Period: Base POP Begin: 09-14-2026 POP End: 09-13-2027 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

MANUFACTURER PART NUMBER (MPN): ARMSTRONG

LOCAL STOCK NUMBER: ARMSTRONG

1.00 JB ________________

Freight / Delivery; All shipping, handling, and delivery of materials to the delivery order location (if required). CLIN will be priced at delivery order level.

Contract Period: Base POP Begin: 09-14-2026

POP End: 09-13-2027 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

MANUFACTURER PART NUMBER (MPN): N/A

LOCAL STOCK NUMBER: N/A

Luxury Vinyl Plank (LVP)/Luxury Vinyl Tile (LVT); Deja New San Marcos Oak Pumice Wash; DN1445105; Metroflor;

Includes Hard Set Adhesive-Prevail 3500 Contract Period: Option 1 POP Begin: 09-14-2027 POP End: 09-13-2028 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Cove Base; 6” Wallflowers TS Rubber Base Cove 4’ Gray 036 Base; Flexco Contract Period: Option 1 POP Begin: 09-14-2027 POP End: 09-13-2028 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Sheet Vinyl Flooring (Healthcare grade); Resillient Sheet including BioSpec MD; Mannington Contract Period: Option 1 POP Begin: 09-14-2027 POP End: 09-13-2028 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Contract Period: Option 1

POP Begin: 09-14-2027 POP End: 09-13-2028 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Rubber Flooring or Rubber Tile; Mannington Contract Period: Option 1 POP Begin: 09-14-2027 POP End: 09-13-2028 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Epoxy Floor Coatings; Uzin Contract Period: Option 1 POP Begin: 09-14-2027 POP End: 09-13-2028 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Vinyl Composition Tile (VCT); Armstrong Contract Period: Option 1 POP Begin: 09-14-2027 POP End: 09-13-2028 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Freight / Delivery; All shipping, handling, and delivery of materials to the delivery order location (if required). CLIN will be priced at delivery order level.

Contract Period: Option 1 POP Begin: 09-14-2027

POP End: 09-13-2028 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Luxury Vinyl Plank (LVP)/Luxury Vinyl Tile (LVT); Deja New San Marcos Oak Pumice Wash; DN1445105; Metroflor;

Includes Hard Set Adhesive-Prevail 3500 Contract Period: Option 2 POP Begin: 09-14-2028 POP End: 09-13-2029 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Cove Base; 6” Wallflowers TS Rubber Base Cove 4’ Gray 036 Base; Flexco Contract Period: Option 2 POP Begin: 09-14-2028 POP End: 09-13-2029 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Sheet Vinyl Flooring (Healthcare grade); Resillient Sheet including BioSpec MD; Mannington Contract Period: Option 2 POP Begin: 09-14-2028 POP End: 09-13-2029 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Contract Period: Option 2

POP Begin: 09-14-2028 POP End: 09-13-2029 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Rubber Flooring or Rubber Tile; Mannington Contract Period: Option 2 POP Begin: 09-14-2028 POP End: 09-13-2029 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Epoxy Floor Coatings; Uzin Contract Period: Option 2 POP Begin: 09-14-2028 POP End: 09-13-2029 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Vinyl Composition Tile (VCT); Armstrong Contract Period: Option 2 POP Begin: 09-14-2028 POP End: 09-13-2029 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Freight / Delivery; All shipping, handling, and delivery of materials to the delivery order location (if required). CLIN will be priced at delivery order level.

Contract Period: Option 2 POP Begin: 09-14-2028

POP End: 09-13-2029 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Luxury Vinyl Plank (LVP)/Luxury Vinyl Tile (LVT); Deja New San Marcos Oak Pumice Wash; DN1445105; Metroflor;

Includes Hard Set Adhesive-Prevail 3500 Contract Period: Option 3 POP Begin: 09-14-2029 POP End: 09-13-2030 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Cove Base; 6” Wallflowers TS Rubber Base Cove 4’ Gray 036 Base; Flexco Contract Period: Option 3 POP Begin: 09-14-2029 POP End: 09-13-2030 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Sheet Vinyl Flooring (Healthcare grade); Resillient Sheet including BioSpec MD; Mannington Contract Period: Option 3 POP Begin: 09-14-2029 POP End: 09-13-2030 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Contract Period: Option 3

POP Begin: 09-14-2029 POP End: 09-13-2030 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Rubber Flooring or Rubber Tile; Mannington Contract Period: Option 3 POP Begin: 09-14-2029 POP End: 09-13-2030 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Epoxy Floor Coatings; Uzin Contract Period: Option 3 POP Begin: 09-14-2029 POP End: 09-13-2030 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Vinyl Composition Tile (VCT); Armstrong Contract Period: Option 3 POP Begin: 09-14-2029 POP End: 09-13-2030 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Freight / Delivery; All shipping, handling, and delivery of materials to the delivery order location (if required). CLIN will be priced at delivery order level.

Contract Period: Option 3 POP Begin: 09-14-2029

POP End: 09-13-2030 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Luxury Vinyl Plank (LVP)/Luxury Vinyl Tile (LVT); Deja New San Marcos Oak Pumice Wash; DN1445105; Metroflor;

Includes Hard Set Adhesive-Prevail 3500 Contract Period: Option 4 POP Begin: 09-14-2030 POP End: 09-13-2031 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Cove Base; 6” Wallflowers TS Rubber Base Cove 4’ Gray 036 Base; Flexco Contract Period: Option 4 POP Begin: 09-14-2030 POP End: 09-13-2031 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Sheet Vinyl Flooring (Healthcare grade); Resillient Sheet including BioSpec MD; Mannington Contract Period: Option 4 POP Begin: 09-14-2030 POP End: 09-13-2031 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Contract Period: Option 4

POP Begin: 09-14-2030 POP End: 09-13-2031 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Rubber Flooring or Rubber Tile; Mannington Contract Period: Option 4 POP Begin: 09-14-2030 POP End: 09-13-2031 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Epoxy Floor Coatings; Uzin Contract Period: Option 4 POP Begin: 09-14-2030 POP End: 09-13-2031 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Vinyl Composition Tile (VCT); Armstrong Contract Period: Option 4 POP Begin: 09-14-2030 POP End: 09-13-2031 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Freight / Delivery; All shipping, handling, and delivery of materials to the delivery order location (if required). CLIN will be priced at delivery order level.

Contract Period: Option 4 POP Begin: 09-14-2030

POP End: 09-13-2031 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: 7220 - Floor Coverings

GRAND TOTAL ________________

The guaranteed minimum award amount for this contract is $100.00. The maximum aggregate value of orders that can be placed under this contract is $1,500,000. The

Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum award amount.

B.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001 SHIP TO: VA Pacific Islands Health Care System See Delivery Order for Delivery Address

28,750.00

INSTRUCTIONS: Please indicate delivery timeline in quotation.

FOB: DESTINATION

0002 SHIP TO: VA Pacific Islands Health Care System

0003 SHIP TO: VA Pacific Islands Health

5,750.00

0004 SHIP TO: VA Pacific Islands Health

1.00

0005 SHIP TO: VA Pacific Islands Health

0006 SHIP TO: VA Pacific Islands Health

0007 SHIP TO: VA Pacific Islands Health

0008 SHIP TO: VA Pacific Islands Health

1001 SHIP TO: VA Pacific Islands Health

1002 SHIP TO: VA Pacific Islands Health

1003 SHIP TO: VA Pacific Islands Health

1004 SHIP TO: VA Pacific Islands Health

1005 SHIP TO: VA Pacific Islands Health

1006 SHIP TO: VA Pacific Islands Health Care System

1007 SHIP TO: VA Pacific Islands Health

1008 SHIP TO: VA Pacific Islands Health

2001 SHIP TO: VA Pacific Islands Health

2002 SHIP TO: VA Pacific Islands Health

2003 SHIP TO: VA Pacific Islands Health

2004 SHIP TO: VA Pacific Islands Health

2005 SHIP TO: VA Pacific Islands Health

2006 SHIP TO: VA Pacific Islands Health

2007 SHIP TO: VA Pacific Islands Health

2008 SHIP TO: VA Pacific Islands Health

See Delivery Order for

3001 SHIP TO: VA Pacific Islands Health

3002 SHIP TO: VA Pacific Islands Health

3003 SHIP TO: VA Pacific Islands Health

3004 SHIP TO: VA Pacific Islands Health

3005 SHIP TO: VA Pacific Islands Health

3006 SHIP TO: VA Pacific Islands Health

3007 SHIP TO: VA Pacific Islands Health

3008 SHIP TO: VA Pacific Islands Health

4001 SHIP TO: VA Pacific Islands Health

4002 SHIP TO: VA Pacific Islands Health

4003 SHIP TO: VA Pacific Islands Health

4004 SHIP TO: VA Pacific Islands Health

4005 SHIP TO: VA Pacific Islands Health

4006 SHIP TO: VA Pacific Islands Health

4007 SHIP TO: VA Pacific Islands Health

4008 SHIP TO: VA Pacific Islands Health Care System

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 this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data,…