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PIIBA- Sc-2474 = GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES Approved 8-22-73 Revised 3-18-08 DEPARTMENT OF PROPERTY AND PROCUREMENT Comm. of Prop. Proc PROCUREMENT DIVISION CONTRACT NO. INVITATION BID & AWARD SUPPLY CONTRACT ORDER NO. (Ifany) IISSUED BY ADDRESS a a a a egg gel INVITATION FOR BIDS pate issueo. September 25, 2015 linvitaTionNo. |FBO18IRBT16(S) Sealed bids in QUARDRIPLUATE, subject to (1) the Terms and Conditions of the Invitation for Bids, (2) General Provisions which are incorporated herein by reference, and (3) such other contract provisions and specifications as are at-tached or incorporated by reference will be received at the above office until 10:00 o'clock a.m., Atlantic Standard Time, not later than (date) Wednesday, October 14, 2015, and at that time publicly opened 10:15 o'clock a.m., for furnishing the supplies or services for delivery f.o.b. General information and instructions to Bidders are contained in the terms and conditions on the reverse hereof. $C ITEM NO. SUPPLIES OR SERVICES QUANTITY Janitorial Services for the Virgin Islands Bureau of Interna! Revenue in the district of St. Thomas/St. John, Virgin Islands during the period of November 1, 2015 to October 31, 2016. es ee | BID — DATE OF BID IN COMPLIANCE WITH THE ABOVE THE UNDERSIGNED OFFERS AND AGREES, IF THIS BID BE ACCEPTED WITHIN DAYS (30 calendar days unless a different period is inserted by the Bidder} FROM THE DATE OF OPENING TO FURNISH ANY OR ALL OF THE ITEMS UPON WHICH PRICES ARE QUOTED, AT THE PRICE SET OPPOSITE EACH ITEM, DELIVERED AT THE DESIGNATED POINTS WITHIN THE TIME SPECIFIED IN THE INVITATION. DISCOUNTS WILL BE ALLOWED FOR PROMPT PAYMENT AS FOLLOWS: PERCENT, 20 CALENDAR DAYS; PERCENT, 30 CALENDAR DAYS BIDDER REPRESENTS (Check appropriate boxes) (1) THAT HE IS ____, IS NOT___, ASMALL BUSINESS CONCERN. IF BIDDER IS A SMALL BUSINESS CONCERN AND IS NOT THE MANUFACTURER OF THE SUPPLIES BID UPON, HE ALSO REPRESENTS THAT ALL SUPPLIES TO BE FURNISHED HEREUNDER WILL —— WILL NOT ___, BE MANUFACTURED OR PRODUCED BY A SMALL BUSINESS CONCERN IN THE UNITED STATES, ITS TERRITORIES, ITS POSSESSIONS, OR THE COMMONWEALTH OF PUERTO RICO. (2) THAT HE IS A REGULAR DEALER IN __, MANUFACTURER OF ___, THE SUPPLIES BID UPON. (3) (A) THAT HE HAS ___. HAS NOT __, EMPLOYED OR RETAINED ANY COMPANY OR PERSON (OTHER THAN A FULL-TIME BONA FIDE EMPLOYEE WORKING SOLELY FOR THE BIDDER) TO SOLICIT OR SECURE THIS CONTRACT, AND (B) THAT HE HAS —_.. HAS NOT ____, PAID OR AGREED TO PAY ANY COMPANY OR PERSON (OTHER THAN A FULL-TIME BONA FIDE EMPLOYEE WORKING SOLELY FOR THE BIDDER) ANY FEE, PERCENTAGE, COMMISSION, OR BROKERAGE FEE, CONTINGENT UPON OR RESULTING FROM THE AWARD OF THE CONTRACT; AND AGREES TO FURNISH INFORMATION RELATING TO (A) AND (B) ABOVE AS REQUESTED BY THE CONTRACTING OFFICER. (4) HE OPERATES AS AN INDIVIDUAL ___, PARTNERSHIP __, CORPORATION ___, INCORPORATED IN THE TERRITORY OF THE VIRGIN ISLANDS (5) PREFERRED BIDDER: ___A BONA FIDE CONTINUOUS RESIDENT OF THE VIRGIN ISLANDS FOR AT LEAST EIGHT (8) YEARS OR ___WAS BORN IN THE VIRGIN ISLANDS; __A FIRM, PARTNERSHIP, OR CORPORATION IN WHICH AT LEAST FIFTY-ONE PERCENT (51%) OF THE LEGAL OR EQUITABLE OWNERSHIP IS HELD BY A PERSON OR PERSONS WHO HAVE BEEN BONA FIDE CONTINUOUS RESIDENTS OF THE VIRGIN ISLANDS FOR AT LEAST EIGHT (8) YEARS OR ___WHO WERE BORN IN THE VIRGIN ISLANDS; ___ SAID PERSON, FIRM , PARTNERSHIP, OR CORPORATION IS LICENSED IN AND MAINTAINS HIS OR ITS PRINCIPAL PLACE OF BUSINESS IN THE VIRGIN ISLANDS AND OWNS, OPERATES, OR MAINTAINS A STORE, WAREHOUSE, OR OTHER PLACE OF BUSINESS IN THE VIRGIN ISLANDS OR ___ THE DULY AUTHORIZED AGENT, DEALER, DISTRIBUTOR OR REPRESENTATIVE IN THE VIRGIN ISLANDS FOR THE MATERIALS, SUPPLIES, ARTICLES, OR EQUIPMENT OF THE GENERAL CHARACTER DESCRIBED BY THE SPECIFICATIONS AND REQUIRED UNDER THIS CONTRACT. NAME & ADDRESS OF BIDDER (Street, City, State and Zip Code) SIGNATURE OF PERSON AUTHORIZED TO SIGN BID (Type or Print) —> Aer oF wars UNIT UNIT PRICE AMOUNT TYPE OR PRINT SIGNER'S NAME & TITLE AWARD DATE OF AWARD ACCEPTED AS TO ITEMS NUMBERED AMOUNT GOVERNMENT OF THE VIRGIN ISLANDS $ | SUBMIT INVOICE FOR PAYMENT TO: Virgin Islands Bureau of Internal Revenue BY 115 Estate Smith Bay - Suite 230 Sonsraniing OGier St. Thomas, VI_00802 TERMS AND CONDITIONS OF THE INVITATION FOR BIDS 1. PREPARATION OF BIDS: - (a) Bidders are expected fo examine the drawings, specificati invitations, and all instructions. Failure to do so will be at the bidder's tisk. (b) Bids must be in ink or submitted in pencil will be rejected. Bids containing alterations or erasures will be rejected, unless the alteration or erasure is crossed’ out and correction thereof printed in ink or typewrftten adjacent thereto and initialed by the person signing the bid. tn addition, a statement must be furnished with ‘Mie bid, aheration or erasure. (c) Wf the bidder is 2 parinership, a letter of authorization shall be fumished and signed by all of the general partners. If the bidder is a proprietor, and the person signing the bid is other than the owner, 2 letter of authorization signed by the owner shall be furnished. The Contracting Officer will retain al! such proof on file for acceptance of future bids, if requested to do sa. (d) The bidder must sign his proposal correctly and in ink. If the proposal is offered by an individual or partnership, his name, office and post office addresses must be shown. if offered by a corporation, the person signing the proposal must signing a proposal as agent must file legal evidence of his authority to do so, and that the signature is binding upon the firm or corporation. {e) Altemate bids will not be. considered unless authorized by the invaation. Altemate bids are those offered which do net meet the specification and are not considered approved equal to the item specified. () When not otherwise specified, the bidder must state a definite time of proposed delivery. (g) Time, if stated as a number of days will include Suitdays and holidays. 2 SUBMISSION OF BIDS:’ (a) Bids and modifications thereof shail be enclosed in séaled envelopes addressed to the issuing office, with the name and address of the bidder, the date and hour of opening, and the invitation’ number on the face of the envelope. Bids shall be submitted so as to be received in the Office of the Contracting Officer not later than the exact fime set for opening of bids. To be considered for award, 2 bid Taust comply in all material respects with the invitation for bids so that, both as to the method and fimeliness of submission, and as to the substance of any resulting contract, aif bidders may stand on an equal footing and the integrity of the formal advertising system may be maintamed. {b) Telegraphic bids shall not be considered unless permitted by the Invitation for Bids. Where telegraphic bids are authorized, a telegraphic bid received by telephone from the Teceiving telegraph office not later than the time set for opening of bids, shal be considered if such bid is coitfirrned in wriing by the telegraph company and by sending a copy of the telegram which forms the basis for the telephone call, {c) Bids may be modified by ‘elegraphic nofice provided such notice is received "Prior fo the fime set for the openirig of the bids. {d) ~ avis the kesitag Ole say te (SUPPLY CONTRACTS) Sample of tems, when required, must be submitted”. specified by thé Govemment if not destroyed by testing, Samples will be refumed at bidders” request - and -expense unless otherwise specified by the nvitation. (e) In the event no bid is to. be submitted, Bidders are advised hot to return the invitation unless “othenwise specified. However, @ letter or post card’ Shall be sent to the Issuing Office adiiSing whether future Invitations for the type of supplies or services: the bidder. 3. WITHDRAWAL OF BIDS: Bids may be withdrawn only by Written“or telegraphic notice provided that such notice is received prior to the fme set for opening of the bid. 4. LATE Bios: {a) Bids received at the Office of the Contracting Officer after the precise time set in the Invitation for Bids are late bids. -{(b) A tats bid shalt be considered for award only if it is received before award; “and either, (7) it was sent by mail including registered or certified for which &n official dated-pest office stamp on the envelope has been obtained; or by telegraph if. authorized, and it is determined that the lateness was due solely to a delay in the mails or to a delay by the telegraph company for which the bidder was not responsible; or. (i) #.submitied by mait- or by telegram where duthorizedit was received at the Office of the Contracting Officer in sufficient fime to be ‘opened as required in the Invitation but except for delay due to mishandling on the part of the Government. The anly evidence acceptable to. establish fimely receipt at the Office of the ° Contracting Officer is that which can be established upon examination of an appfopriate fime stamp or a written statement from an official of the U. S. Postal Service. .{¢) Hand-Carried Bids:. A late hand-caried bid, or any other late bid not submitied by ‘mail or Registered Mail: The time of mailing of a late bid, mailed by registered thail, may be determined by the date of the postmark on the registered mai receipt or deemed fo be the last minute of the date shown in from the post office sistion of mailing which establishes en earlier time. If the postmark dees not show a date; the bid shall be deemed fo have been mailed too fate unless the bidder fumishes evidence timely mailing. (e) Certified Mail’- The time of mailing 2 late bid; mailed by Certified Mail for which a posimarked Receipt for Certified Mail was obtained, shall be deemed fo be the last minute of the date shown on the postmark on such receipt where: ra) _ the Receipt for Cerfified Mail identifies the post office ‘station of maiting and the bidder furnishes evidence from such station that the business day of that station ended at an earlier time, in which case the time of mailing shell be deemed to be last minute of the business day of that station; or (8) an entry in ink on 4 the Receipt of Certified Mail, showing the time of mailing and the inflials of the postal emplayee receiving the item and making the entry, is i i the , the day indicated by the metered stamo unless in Such event a bidder is able fo submit clear and _ convincing proof as to the actual or approximate time of .maifing. 5. IDENTIFICATION OF OFFER: Bidders shall show brand name, catalog number, model and so forth as applicable on bid form covering the product they are bidding on and propose tc fumish. not shown, it wil be considered and understood fo be that the make and model, shown ir the Schedule, as a reference, will be supplied. 6. CASH DISCOUNT PROVISIONS: (a) Discounts Offered for @ period of less than 20 days will not be considered in making award. Bids Offering discounts for payment within pesiods in excess of twenty (20) Cays will be evaluated for the purpose of award. (b} Ss with discounts offered, time will be date of acceptance of the supplies Governmentis not unreasonably nor unduly negligent in accepting shipment. 7, AWARD OF CONTRACT: (2) Uniess .all bids are rejected, award will be made by written nofice, within the time specified for acceptance, to- that responsible bidder whose bid, conforming to the Invitation for Bids, offers the most advantageous service to the Government, quality Offered, delivery terms and service reputation taken into consideration. (b) The Government may avrard items separately or by grouping items in ‘ota! lots. (c) The Govemmerit may; during the tern of any contract entered into, increase or decrease the "quantities but no such increase or decrease wil exceed twenty-five (25%) per cent of the quantity bid may, after opening but prior to award and within the Sme specified for acceptance, reject any or. all bids, or the bid for any one or more commodities of contracted services included in the proposed contact, when the public interest wit be served thereby. 8. PRICES: {a} All prices bid shall be firm and not Subject to increase if accepted during the acceptance be considered unless specifically authorized by the Government in the Invitation for Bids. (0) For each item bid, a unit price and a fotal for the quantity must be stated, The unit price shalf always prices shall be F.0.B. (Free On Board} destination, The seller hereunder must at his own expense and risk, transport the goods fo the named place and there tender defivery. [Standard Form 86 CONTINUATION SHEET Contract, Order, or Invitation No. November 1949 Edition (As Applicable) General Services Administration (Supply Contract) Fed. Proc, Reg. (41 OFR) 1-16.107 Page No. 36-104. Rev. 3-18-08 IFB018IRBT16(S) Virgin Islands Bureau of Internal Revenue St. Thomas, VI 00802 The contractor shall provide labor and materials necessary to perform the services for the following Office and/or Trailer: 1. 21,800 sq. ft, three (3) story office complex - East End Plaza, Red Hook, St. Thomas, VI 2. 2,300 sq. ft., street level floor office - Excise Tax Division, Nisky Center, St. Thomas, VI 3. 200 sq. ft., small trailer, Cruz Bay, St. John, VI The contractor must perform the following work from 5:00 p.m. to completion: Tasks to be done DAILY: Empty all trash containers SWEEP and/or MOP floors and/or VACUUM a) Lobbies b) Hallways c) Office Areas d) Mailroom e) Lounges/Cafeterias (3) f) Restrooms (14) Dust all areas, including the TOP of cabinets a) Offices, windows, ledges b) Cubicles WASHROOM SERVICES - Clean & Sanitize and/or Polish a) Sinks b) Toilets c) Urinals d) Doors e) Mirrors f) Accessories Remove from ALL areas, incl. PARTITIONS a) Smudges__b) ~Spots/Marks c) Pens/Pencils Lines MONTHLY: STEAM/WET VACUUM a) Carpets WASH and SANITIZE a) Waste baskets QUARTERLY (Every 3 months) and/or WEEKEND: MACHINE SCRUB and FINISH, where applicable a) Floors b) Hallways c) Lobbies d) Lounges e) Office Areas $ Monthly $ Quarterly Daily Name of Bidder: [Standara ren = CONTINUATION SHEET Contract, Order, or Invitation No. Page No. ion (As Applicable) {General Services Administration (Supply Contract) Fed. Proc. Reg. (41 OFR) 1-16.107 3 36-104 IFB018IRBT16(S) CONTRACT PERIOD: The period of any contract entered into under this Invitation for Bid shall before a period of one (1) year. OPTION TO RENEW: The services of this contract may be extended for an additional term subject to the availability of funds. SUPPLEMENTARY PROVISIONS: The application of ali materials will be in such a manner so as not to cause harm to humans, foodstuff or equipment within the building and/or property. The Contractor shall maintain on his own, Workmen's Compensation Insurance, Comprehensive General Liability Insurance against bodily injury with limits of $100,000.00 and against property damage with limits of $100,000.00, the cost of which shall be borne by the Contractor and maintained fully during the term of the Contract. A copy of the Insurance listed herein shall be filed with the Department of Property and Procurement, 8201 Sub Base - Suite 4, St. Thomas, U. S. Virgin Islands 00802. The Contractor shall be liable for loss or damages to property or persons, however, in no case shall such negligence be presumed or inferred. The Contractor agrees not to refuse to hire or employ or to bar or discharge from employment any individual because of race, religion, color, or ancestry. The Contractor hereby agrees to pay the existing minimum wages, Federal and/or Local taxes as may be applicable. PROMPT PAYMENT DISCOUNT: Prompt payment discounts shall NOT be considered in the evaluation of bids. Prompt jpayment discounts are removed as evaluation factors. Although prompt payment discounts are not evaluated, any discount offered will form part of the award, and will be taken by the |User Agency and the Department of Finance if payment is made within the discount period specified by the bidder. es discount offered for payments within less than thirty (30) calendar days will be considered. Paragraph 6a on Page 1 of the Bid Form is hereby deleted. EXPLANATION TO BIDDERS: Any explanation desired by a bidder regarding the meaning or interpretation of this Invitation for Bids, specifications, etc., must be requested in writing and with sufficient time allowed for a reply to reach said bidder before the submission of their bids. Any interpretation made will be furnished to all prospective bidders. The General Provisions (SUPPLY CONTRACT), STANDARD FORM approved by the Commissioner of Property and Procurement, 7-14-71, is an integral part of this Invitation for Bids. Bidders must familiarize themselves with these provisions. PREFERRED BIDDERS: In addition to placing a check (¥) in the appropriate box on Page 1, Section 5 of this Bid, any Person, Firm, Partnership, or Corporation meeting the requirement of Preferred Bidder's Status must request that his or its name be added to a Preferred Bidders’ List to be maintained by the Commissioner of Property and Procurement. If the bidder has not previously filed a notarized copy of the Preferred Bidders’ Certificate with the Commissioner of Property and Procurement, Division of Procurement, 8201 Sub Base - Suite 4, St. Thomas, Virgin Islands, notarized, and submitted to the Division of Procurement not later than the date and hour of bid opening as specified on Page 1 of this Bid. All bidders not complying with procedures set forth herein and in accordance with Title 31 V.1.C. § 236a, will not be considered eligible as a Preferred Bidder for this Invitation for Bids. Name of Bidder: fStandara Form 86 CONTINUATION SHEET |Contract, Order, or Invitation No. Page No. | November 1949 Edition (As Applicable} pape erm Pep oe 4 pe-104 ii IFB018IRB116(S) NOTICE TO BIDDERS ALL INDIVIDUALS, FIRMS, PARTNERSHIPS, CORPORATIONS AND/OR JOINT VENTURES DOING BUSINESS WITH THE GOVERNMENT OF THE VIRGIN ISLANDS SHALL SUBMIT INFORMATION IN WRITING, OF THE PHYSICAL LOCATION OF THEIR PRINCIPAL PLACE OF BUSINESS. A POST OFFICE BOX MIALING ADDRESS ONLY WILL NOT SUFFICE. BIDDERS MUST INSERT THEIR E.I.N.-EMPLOYER’S IDENTIFICATION NUMBER ON PAGE 1 IN THE SECTION WHERE THE COMPANY'S NAME AND ADDRESS IS REQUIRED, PROSPECTIVE BIDDERS WILL BE REQUIRED TO FURNISH THE FOLLOWING DOCUMENTS WITH THEIR SUBMITTAL: MANDATORY A. ARTICLES OF INCORPORATION, IF APPLICABLE |B. CURRENT VALID BUSINESS LICENSE C. CERTIFICATE OF GOOD STANDING D. CORPORATE RESOLUTION EVIDENCING THE DIRECTORS/OFFICERS OF THE COMPANY E. CURRENT CERTIFICATE OF GOVERNMENT INSURANCE COVERAGE “IT SHALL BE THE BIDDERS' RESPONSIBILITY TO DELIVER HIS OR HER BID TO THE DESIGNATED LOCATION PRIOR TO THE BID TIME SPECIFIED ON PAGE 1 OF THIS BID.” Name of Bidder: [Standard Form 86 November 1949 Edition CONTINUATION SHEET }Contract, Order, or Invitation No. General Services Administration (As Applicable) Page No. Fed. Proc, Reg. (41 OFR) 1-16.107 (Supply Contract) 36-104 5 iFB018IRBT16(S) Pursuant to Act. No. 3072, approved July 29, 1971 amending Section 245 of Chapte r 23 Title 31 of the Virgin Islands Code, each person who submits a bid in relation to any purchase in excess of $1,000.00, under this Chapter, will disclose the Name and Address of each individual having a beneficial interest of more than five (5%) per Centum in the bidding enterprise, and if the bidder is a Corporation, the Names and Addresses of all its Officers and Directors. ADDRESS NAME TITLE Name of Bidder: DPP-NCA-52-75 REVISED; 3-18-08 GOVERNMENT OF THE VIRGIN ISLANDS DEPARTMENT OF PROPERTY AND PROCUREMENT NON-COLLUSION AFFIDAVIT RIB AAG RAEN RO UR Sata SES ul CET gi US Wig PUGS GRAS Scan nah being duly sworn, deposes and says that — (1) He is [owner, partner, officer, representative, or agent] of ............c0cc.s000e siete ow uikea Wa pL Te RT UN WING TRIE SUNOS VSS BOSS ERR EES we na ene nee the bidder that has submitted that attached bid; (2) He is duly informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; (3) Such bid is genuine and is not a collusive or sham bid; (4) Neither the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the contract for which the attached bid has been submitted or to refrain from bidding in connection with such contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against The Government of the Virgin Islands or any person interested in the proposed contract; and (5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature of Affidavit SUBSCRIBED AND SWORN to before me this............... 5 OEY OE cscvescwsniuge Notary Public STANDARD FORM Approved by Comm. of Prop. & Proc, 7-14-71 , GENERAL PROVISIONS (SUPPLY CONTRACT) 1. DEFINITIONS As Used throughout this contract, the following terms shall have the meaning set forth below: The term “Contracting Officer” means the Commissioner of the Department of Property & Procurement; and the term includes, except as otherwise provided in the contract, the authorized representative of the Contracting Officer acting within the limits of his authority. 2. CHANGES The Contracting Officer may at any time, by a written order, and without notice to the sureties, make changes, within the general scope of this contract, in anyone or more of the following: (i) Drawings, designs, or specifications where the supplies to be furnished are to be specially manufactured for the Government in accordance therewith; (ii) method of shipment or packing; and (iii) place of delivery. If any such change causes an increase or decrease in the cost of, or the time required for, the performance of any part of the work under this contract, whether changed or not changed by any such order, an equitable adjustment shall be made in the contract price or delivery schedule, or both, and the contract shall be modified in writing accordingly. Any claim by the contractor for adjustment under this clause must be asserted within 30 days from the date of receipt by the Contractor of the notification of change: Provided, however, That the Contracting Officer, if he decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this contract. Where the cost of property made obsolete or excess as a result of a change is included in the Contractor's claim for adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of such property. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes." However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed. 3. EXTRAS Except as otherwise provided in this contract, no payment for extras shall be made unless such extras and the price thereof have been authorized in writing by the Contracting Officer. 4, VARIATION IN QUALITY No variation in the quantity of any item called for by this contract will be accepted unless such variation has been caused by conditions of loading, shipping, packing or allowances in manufacturing processes, and then only to the extent, if any, specify elsewhere in this contract. 5. INSPECTION (a) All supplies (which term throughout this clause includes without limitation raw materials, components, intermediate assemblies, and end products) shall be subject to inspection and test by the Government, to the extent practicable at all times and places including the period of manufacture and in any event prior to acceptance. (b) In case any supplies or lots of supplies are defective in material or workmanship or otherwise not in conformity with the requirements of this contract, the Government shall have the right either to reject them (with or without instructions as to their disposition) or to require their correction. Supplies or lots of supplies which have been rejected or required to be corrected shall be removed or, if permitted or required by the Contracting Officer, corrected in place by and at the expense of the Contractor promptly after notice, shall not thereafter be tendered for acceptance unless the former rejection or requirement of correction is disclosed. If the Contractor fails promptly to remove such supplies or lots of supplies which are required to be removed, or promptly to replace or correct such supplies or lots of supplies, the Government either (i) may by contract or otherwise replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby, or (ii) may terminate this contract for default as pro- vided in the clause of this contract entitled "Default." Unless the Contractor corrects or replaces such supplies within the delivery schedule, the Contracting Officer may require the delivery of such supplies at a reduction in price which is equitable under the circumstances. Failure to agree to such reduction of price shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes." (c) If any change inspection or test is made by the Government on the premises of the Contractor or a subcontractor, the Contractor without additional charge shall provide reasonable facilities and assistance for the safety and convenience of the Government inspectors in the performance of their duties. If Government inspection or test is made at a point other than the premises of the Contractor or a subcontractor, it shall be at the expense of the Government except as otherwise provided in this contract: Provided, That in case of rejection the Government shall not be liable for any reduction in value of samples used in connection with such inspection or test. Al] inspections and tests by the Government shall be performed in such a manner as not to unduly delay the work. The Government reserves the right to charge to the Contractor any additional cost of Government inspection and test when supplies are not ready at the time such inspection and test is requested by the Contractor or when reinspection or retest is necessitated by prior rejection. Acceptance or rejection of the supplies shall be made as promptly as practicable after delivery, except as otherwise provided in this contract; but failure to inspect and accept or reject supplies shall neither relieve the Contractor from responsibility for such supplies as are not in accordance with the contract requirements nor impose liability on the Government therefor. STANDARD FORM Approved by Comm, of Prop. & Proc. 7-14-71 Revised: 3-18-08 (d) The inspection and test by the Government of any supplies or lots thereof does not relieve the Contractor from any responsibility regarding defects or other failures to meet the contract requirements which may be discovered prior to acceptance. Except as otherwise provided in this contract, acceptance shall be conclusive except as regards latent defects, fraud, or such gross mistakes as amount to fraud. (e) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the supplies hereunder. Records of all inspection work by the Contractor shall be kept complete and available to the Government during the performance of this contract and for such longer period as may be specified elsewhere in this contract. 6. RESPONSIBILITY FOR SUPPLIES Except as otherwise provided in the contract, (i) the Contractor shall be responsible for the supplies covered by this contract until they are delivered at the designated delivery point, regardless of the point of inspection; (ii) after delivery to the Government at the designated point and prior to acceptance by the Government or rejection and giving notice thereof by the Government, the Government shall be responsible for the loss or destruction of or damage to the supplies only if such loss, destruction or damage results from the negligence of officers, agents, or employees of the Government acting within the scope of their employment; and (iii) the Contractor shall bear all risks as to rejected supplies after notice of rejection, except that the Government shall be responsible for the loss, or destruction of, or damage to the supplies only if such loss, destruction or damage results from the gross negligence of officers, agents, or employees of the Government acting within the scope of their employment. 7. PAYMENTS The Contractor shall be paid, upon the submission of proper invoices or vouchers, the prices stipulated herein for supplies delivered and accepted or services rendered and accepted, less deductions, if any, as herein provided. Unless otherwise specified, payment will be made on partial deliveries accepted by the Government when the amount due on such deliveries so warrants; or when requested by the Contractor, payment for accepted partial deliveries shall be made whenever such payment would equal or exceed either $1,000 or 50 percent of the total amount of this contract. 8. ASSIGNMENT OF CLAIMS (a) Pursuant to the provisions of the Assignment of Claims Act (5 VIC 1201 et. seq.) if this contract provides for payments aggregating $1,000 or more, claims for moneys due or to become due to the Contractor from the Government under this contract may be assigned to a bank, trust company, or other financial institution, including any Federal lending agency, and may thereafter be further assigned and reassigned to any such institution. Any such assignment or reassignment shall cover all amounts payable under this contract and not already paid, and shall not be made to more than one party, except that any such assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in such financing. Unless otherwise provided in this contract, payments to an assignee of any moneys due or to become due under this contract shall not, to the extent provided in said Act, as amended, be subject to reduction or set off. 9. ADDITIONAL BOND SECURITY If any surety upon any bond furnished in connection with this contract becomes unacceptable to the Government of if any such surety fails to furnish reports as to his financial condition from time to time as requested by the Government, the Contractor shall promptly furnish such additional security as may be required from time to time to protect the interests of the Government and of persons supplying labor or materials in the prosecution of the work contemplated by this contract. 10. EXAMINATION OF RECORDS (The following clause is applicable if the amount of this contract exceeds $1,000.00 and was entered into by means of negotiation, but is not applicable if this contract was entered into by means of formal advertising.) (a) The Contractor agrees that the Government Comptroller of the U. S. Virgin Islands or any of his duly authorized representatives shall, until the expiration of three years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this contract. (b) The Contractor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the Government Comptroller of the Virgin Islands or any of his duly authorized representatives shall, until the expiration of three years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers, and records of such subcontractor, involving transactions related to the subcontract. The term "subcontract" as used in this clause excludes (i) purchase orders not exceeding $1,000 and (ii) subcontractors or purchase orders for public utility services at rates established for uniform applicability to the general public. 11. DEFAULT (a) The Government may, subject to the provisions of paragraph (c) below, by written notice of default to the Con- tractor, terminate the whole or any part of this contract in any one of the following circumstances: (i) if the Contractor fails to make delivery of the sup- plies or to perform the services within the time specified herein or any extension thereof; or (ii) if the Contractor fails to perform any of the other provisions of this contract, or so fails to make progress as to endanger performance of this contract in accordance with its terms, and in either of these two circumstances does not cure STANDARD FORM Approved by Comm. of Prop. & Proc. 7-14-7] Revised: 3-18-08 such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure. (b) In the event the Government terminates this contract in whole or in part as provided in paragraph (a) of this clause, the Government may procure, upon such terms and in such manner as the Contracting Officer may deem appropriate, sup-plies or services similar to those so terminated, and the Con-tractor shall be liable to the Government for any excess costs for such similar supplies or services: Provided, That the Contractor shall continue the performance of this contract to the extent not terminated under the provisions of this clause. (c) Except with respect to defaults of subcontractors, the Contractor shall not be liable for any excess costs if the failure to perform the contract arises out of causes beyond the control and without the fault or negligence of the Contractor. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the Government in either its sovereign or contractural capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case the failure to perform must be beyond the control and without fault or negligence of the Contractor. If the failure to perform is caused by the default of a subcontractor, and if such default arises out of causes beyond the control of both the Contractor and subcontractor, and with- out the fault or negligence of either of them, the Contractor shall not be liable for any excess costs for failure to perform, unless the supplies or service fees to be furnished by the sub- contractor was obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery schedule. (d) If this contract is terminated as provided in paragraph (a) of this clause, the Government, in addition to any other rights provided in this clause, may require the Contractor to transfer title and deliver to the Government, in the manner and to the extent directed by the Contracting Officer, (i) any completed supplies, and (ii) such partially completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights (hereinafter called "manufacturing materials") as the Contractor has specifically produced or specifically acquired for the performance of such part of this contract as has been terminated; and the Contractor shall, upon direction of the Contracting Officer, protect and preserve property in possession of the Contractor in which the Government has an interest. Payment for completed supplies delivered to and accepted by the Government shall be at the contract price. Payment for manufacturing materials delivered to and accepted by the Government and for the protection and preservation of property shall be in an amount agreed upon by the Contractor and Contracting Officer; failure to agree to such amount shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes." The Government may withhold from amounts otherwise due the Contractor for such completed supplies or manufacturing materials such sum as the Contracting Officer determines to be =: Re necessary to protect the Government against loss because of outstanding liens or claims of former lien holders. (e) If, after notice of termination of this contract under the provisions of this clause, it is determined for any reason that the Contractor was not in default under the provisions of this clause, or that the default was excusable under the provisions of this clause, the rights and obligations of the parties shall, if the contract contains a clause providing for termination for convenience of the Government, be the same as if the notice of termination had been issued pursuant to such clause. If, after notice of termination of this contract under the provisions of this clause, it is determined for any reason that the Contractor was not in default under the provisions of this clause, and if this contract does not contain a clause providing for termination for convenience of the Government, the contract shall be equitably adjusted to compensate for such termination and the contract modified accordingly; failure to agree to any such adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes." (f) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. 12. DISPUTES (a) Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Contracting Officer, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Contracting Officer shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the Contracting Officer a written appeal addressed to the Attorney General. The decision of the Attorney General or his duly authorized representative shall he final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of his appeal. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the contract and in accordance with the Contracting Officer's decision. (b) This "Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph (a) above:- Provided, That nothing in this contract shall be construed a£ making final the decision of any administrative official, representative, or board on a question of law. 13. NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT The provisions of this clause shall be applicable only if the amount of this contract exceeds $10,000. STANDARD FORM Approved by Comm, of Prop. & Proc, 7-14-71 Revised: 3-18-08 (a) The Contractor shall report to the Contracting Officer, promptly and in reasonable written detail, each notice or claim of patent or copyright infringement based on the performance of this contract of which the Contractor has knowledge, (b) In the event of any claim or suit against the Government on account of any alleged patent or copyright infringement arising out of the performance of this contract or out of the use of any supplies furnished or work or services performed here- under, the Contractor shall furnish to the Government when requested by the Contracting Officer, all evidence and in- formation in possession of the Contractor pertaining to such suit or claim. Such evidence and information shall be furnished at the expense of the Government except where the Contractor has agreed to indemnify the Government. 14. BUY AMERICAN ACT (a) In acquiring end products, the Buy American Act (41 US. Code 10aQd) provides that the Government give preference to domestic source end products. For the purpose of this clause: (i) "components" means those articles, materials, and sup- plies, which are directly incorporated in the end products; (ii) "end products" means those articles, materials, and supplies, which are to be acquired under this contract for public use; and (iii) "a domestic source end product" means (A) an un- manufactured end product which has been mined or produced in the United States and (B) an end product manufactured in the United States if the cost of the components thereof which are mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. For the purposes of this (a) (iii) (B), components of foreign origin of the same type or kind as the products referred to in (b) (ii) or (iii) of this clause shall be treated as components mined, produced, or manufactured in the United States. (b) The Contractor agrees that there will be delivered under this contract only domestic source end products, except end products; (i) which are for use outside the United States; (ii) which the Government determines are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality; (iii) as to which the Secretary determines the domestic preference to be inconsistent with the public interest; or (iv) as to which the Secretary determines the cost to the Government to be unreasonable. (The foregoing requirements are administered in accordance with Executive Order No. 10582, dated December 17, 1954.) 15. CONVICT LABOR In connection with the performance of work under this contract, the Contractor agrees not to employ any person undergoing sentence of imprisonment at hard labor. 16. OFFICIALS NOT TO BENEFIT No member of the Legislature, or Delegate to the United States Congress, or official or employee of the Executive Branch of the Government of the Virgin Islands, shall be admitted to any share or part of this contract, or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. 17. COVENANT AGAINST CONTIGENT FEES The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. STANDARD FORM NO. DPP - TC-54-75 APPROVED 10-2-74 COMMISSIONER OF DPP REVISED 3-18-08 GENERAL PROVISIONS (SUPPLY CONTRACT) TERMINATION OF CONTRACTS 0 18. CONVENIENCE OF THE GOVERNMENT (a) The performance of work under this contract may be terminated by the Government in accordance with this clause in whole, or from time to time in part, whenever the Contracting Officer shall determine that such termination is in the best interest of the Government. Any such termination shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent to which performance by delivery to the Contractor of a Notice of Termination specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective. (b) After receipt of a Notice of Termination, and except as otherwise directed by the Contracting Officer, the Contractor shall: (i) (ii) (iii) (iv) (v) (vi) stop work under the contract on the date and to the extent specified in the Notice of Termination; place no further orders or subcontracts for materials, services or facilities, except as may be necessary for completion of such portion of the work under the contract as is not terminated; terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination; assign to the Government, in the manner, at the times, and to the extent directed by the Contracting Officer, all of the right, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the Government shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Contracting Officer, to the extent, he may require, which approval or ratification shall be final for all the purposes of this clause; transfer title ad deliver to the Government in the manner, at the times, and to the extent, if any, directed by the Contracting Officer (A) the fabricated or unfabricated parts, work in progress, completed work, supplies, and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the Notice of Termination, and (B) the completed or partially ihn