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GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES esr eeat an DEPARTMENT OF PROPERTY AND PROCUREMENT Comm. of Prop. Proc PROCUREMENT DIVISION Rev._-3-18-08. INVITATION BID & AWARD CORTRACT RG: SUPPLY CONTRACT SRBERTS ISSUED BY ADDRESS Department of Property & Procurement 3274 Estate:‘Richmond, Chiistiansted INVITATION FOR BIDS September 18, 2018 i TATIONNO. IFBOS8VIANGC18(S) DATE ISSUED” Sealed bids in quintuplicate (5 Sets 1 Original and 4 Copies), subject.to (1) the Terms:and Conditions of the trivitatioi for Bids, (2) General Provisions which are incorporated herein by reference, and (3) such other contract: provisions and ‘Specifications as are attached or incorporated by reférce.will be received at the above office until 9:30 o'clock AM, Atlantic Standard Time, not later than (date) October 16, 2048, and ‘at that time. publicly opened. for furnishing thé supplies. or services for delivery f.0.b. ST. CROIX, V! Genéral information.and instructions to Bidders are contained in the terms.and conditions on the reverse hereof. SCHEDULE QUANTITY HO GE Urey TTEMNO. ‘SUPPLIES OR SERVICES UNIT UNIT PRICE AMOUNT Ground Maintenance Services for the Virgin Islands Air National Guard. ____—_—__ cn ary agate tr a A BID. ——> |oaTeor ep IN.COMPLIANCE WITH THE ABOVE THE UNDERSIGNED OFFERS: AND AGREES, IF THIS BID BE ACCEPTED WITHIN DAYS {30 catendar 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; ss PERCENT, 30 CALENDAR DAYS BIDDER REPRESENTS (Check appropriate boxes) (1) THAT HE IS___, IS NOT__.,, A SMALL BUSINESS CONCERN. IF BIDDER ‘IS A SMALL: BUSINESS GONGERN 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, (TSP POSSESSIONS, OR THE. ‘COMMONWEALTH OF PUERTO RICO, (2) THAT HE1S'A REGULAR. DEALER. IN , MANUFACTURER OF . THE SUPPLIES BID UPON. (3) (A) THAT HE-HAS ___, HAS:NOT JEMPLOYED OR RETAINED Ah ANY COMPANY OR PERSON {OTHER THAN A FULL-TIME BONA FIDE EMPLOYEE WORKING S! 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 F 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 FID FIDE CONTINUOUS. RESIDENT OF THE VIRGIN JSLANDS 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 THELEGALOR | ‘EQUITABLE OWNERSHIP: iS# HELD 8Y 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 {SLANDS; __SAID PERSON, FIRM, PARTNERSHIP, OR CORPORATION ‘IS LICENSED IN AND. MAINTAINS HIS: ‘OR(TS PRINCIPAL PLACE OF BUSINESS IN THE VIRGIN ISLANDS AND. OWNS, OPERATES, “OR: MAINTAINS & -STORE, WAREHOUSE, OR OTHER: PLACE OF BUSINESS JN 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, Stale and Zip Code) SIGNATURE-OF PERSON AUTHORIZED TO.SIGN. BID {Type or Print} —» TYPE.OR PRINT SIGNER’S NAME & TITLE AWARD DATE OF AWARD ACCEPTED AS TO ITEMS NUMBERED AMOUNT GOVERNMENT OF THE VIRGIN ISLANDS JSUBMIT INVOICE FOR PAYMENT TO; . Government of the United States Virgin Islands BY ‘TERMS AND CONDITIONS OF THE INVITATION FOR BIDS 4. PREPARATION. OF BIDS: (a) Sidders are expected to examine the drawings, specifications; ‘invitations, and alt instructions, Failure to do so-will ‘be at the: bidder's tisk. (b)-Bids must be in ink or ‘printed on the. bid forms. fumished herewilh. Bids -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 typewritten adjacent thereto and initialed by the person signing the bid. In vaddition, a Statement must be furnished with the bid, signed by the bidder explaining the corréction of the alteration or erasure. (c) {f the bidder is a partnership, a letter of authorization shall be. furnished 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, a letter of authorization signed -by the owner shall be furnished. The Contracting Officer will retain’ all such proof‘on fi file for acceptance of future bids, if requested to do-so. (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. ff offered by a corporation, the person signing the. proposal must give his name, title, and business address, Anyone ‘signing a proposal as agent must file legal evidence of his authority to de so; and ‘that the signature: is binding upon the firm-or corporation. {e) Alternate bids will not be considered’ unless authorized by the invitation. -Altemate bids are those offered which do not meet the specification and are not considered, ‘approved equal to the itém specified. (f) 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 Sundays.and holidays. 2. SUBMISSION OF BIDS: {a}. Bids arid modifications ‘thereof shall. be enclosed in sealed envelopes ‘addressed to ihe. 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 6nvelope. Bids.‘shall be submitted so as to: be received in the Office of the Contracting Officer not later than the exact time set for opening of bids. To be considered for award, a bid must comply in ail Material respects with the: invitation for bids so- that, both as to the method and timeliness ‘of submission, and as te-the substance of any resulting contract, all: bidders may stand on an equat footing and the integrity of the formal advertising system may ‘be maintained, (b) Telegraphic bids shall not be ‘considered unless permitted by the Invitation for Bids. Where telegraphic-bids. are authorized, a telegraphic. bid received by’ telephorie from the receiving. ‘felegraph. office not laterthan the time'set for opening of bids, shall be-considered if such bid is. confirmed in writing by the: telegraph company-and by sending a ‘copy of fhe telegram which forms the basis.for the ‘telephone’ call. {(c} Bids may be modified by telegraphic nolice provided such notice is received -prior to the time set for the opening of thie bids. (d) (SUPPLY CONTRACTS) Sample of items, when required, must be submitted within the time specified, and unless. otherwise specified by the Goverment. if not destroyed by testing, samples will be returned. at bidders: request and expense unless. otherwise specified by the invitation. (e} In the: event no bid is to be. submitted, Bidders.are advised-not fo retiirn the Invitation unless ‘otherwise specified, -However, a letter or post card shall be sent.to the issuing Office advisirig. whether future invitations for the type. of ‘supplies or services ‘covered by the Invitation is desired. Failureto so advise the Issuing Office may be interpreted against thie bidder. ‘3. WITHDRAWAL OF BIDS: Bids may -bé. withdrawn only by written ‘or telegraphic notice provided that such notice is received prior to the time -set for opening of the bid, 4. LATE’BIDS: (a} Bids teceived at the Office of the Contracting Officer after the precise.time set inthe Invitation for Bids are late bids. (b) A late bid shall be considered for award ‘only if it is received before award; and’either; {i} it was sent by mail including registered or certified for which an official’‘dated post office-stamp (Postmark) on the. envelope has been obtained, or by telegraph if authorized, and itis 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 (ii) if ‘submitted by mail- or. by ‘telegram where authorized-it was received at .the Office. of the Contractirig Officer in sufficient: time to -be.opened as. required in the Invitation but except for ‘delay due fo. mishandling on the part. of the Government. The -only evidence acceptable to establish timely receipt at the Office of the Contracting Officer is that which can be established upon examination of afi appropriate time stamp or a written statement from an official of the U..S: Postal Service. (c} Hand-Garried Bids: A late hand-carried bid, or any other late-bid not’ submitted by mail or telegram, shali not be considered for award, (d) Registered Mail: The:time:of mailing of a late bid, mailed by: tegistered mail; may bé-determined by the date of ihe postmark ‘onthe registered mail réceipt or registered.mail wrapper. The time of mailing shall be. deemed to be.ihe last minute of the date shown in ‘such postmark unless the. bidder furnishes evidence from the post. office station of mailing which establishes-an earlier time. If the postmark does not show a.date; the bid:shall be deemed to have been ‘mailed too late unless the bidder furnishes evidence from the post office of mailing’ which establishes timely mailing. (e) Certified Mall: The time. of mailing a fate-bid; mailed by:Certified Mail for which a postmarked Receipt for Certified Mail was obtained, shall be deemed fo be the last minute of the date shown: on: the postmark on suchi réceipt where: (i) the Receipt for Certified. Mail.identifies the post off ice station of mailing and the bidder furnishes evidence from such station thatthe business: day of that station ended at an earlier. time, in-which case the. time of mailing shall be deemed. te -be-last minute of the ‘business day of that station;. or (ii) an-entry in ink on the Receipt of Certified Mail, showing the time of mailing and the initials of the postal employee receiving the item: and making the entry, is appropriately venified in .writing Sy the post office station :of mailing in which case the.fime-of mailing shalt be the lime shown in the-entry. Ifthe postmark does not show a date, the. bid shall be. deemed to have been mailed foo late. (f} Metered Mail Bids-or modifications thereof transmitted in a metered envelope feceived after the titne-set for opening. wil be. deemed to have been mailed on the jast minute of ihe day indicated by the méteréd stamp unless in such event a bidder is. able to submit clear: and convincing proof as to-the.actual or approximate time of mailing, 5. IDENTIFICATION OF OFFER: Bidders shall show brand namie, catalog number, model and.so forth.as applicable oft bid'form covering “thé product ‘they are bidding on and propose to furnish. If riot shown, ‘it will be ‘considered and understood to be that the make.and fiddel, shown in ‘the Schedule, as 4 reference, will be-supplied. 6. ‘CASH DISCOUNT PROVISIONS: (a) Discounts offered for a period of less than 20 days will .not.bé considered in making award, Bids offering discounts. for payment within periods in-excess of twenty {20} days will be evaluated for the purpose of award. {b} In connection with: discounts offered, time wil be -completed from date of-acceptance of the supplies by the Government. Provided; however, that the Government is:not unreasonably nor unduly negligent in accepting shipment. 7. AWARD OF CONTRACT: {a) Unless all bids are rejected, award will be made by written notice, within the tine - specified for -accepiance, 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 award items separately or-by grouping items. in total lots. {c) The Goverment may; during the term of -any contract entered. into, increase. or decrease. the quantitiés but no such increase. or decrease will exceed twenty-five (25%)} per cent of the: quantify bid upon, 8 REJECTION: OF BIDS: The Government May, after opening ‘but prior to award and within the. time: specified for. acceptance, reject any or all bids, or the bid for any one or more’ commodities or contracted services included in the proposed contact, when ‘the public interest will be served thereby. 9. PRICES: {a).All prices bid shall be fim and not subject to increase. if accepted during the acceptance period. Bids containing an “escalation clause" will not be: considered unless specifically authorized by the Government in the Invitation for Bids. (b) For.each item bid,.a unit price and a total for the. quantity must: be stated. The unit price shall always contro! (¢) All prices. shall be F.O:B. (Free On Board} destination. The-seller hereunder must at his own expense and tisk, transport the goods to the: named place and there’ tender delivery. Standard Form 86 CONTINUATION SHEET Contract, Order, or Invitation No: Page No November.1949 Edition ‘. *. (As Applicable} — - eneral Services Administration : Fed, Proc: Reg. (41 OFR} 1-16.107° (Supply Contract) 36-104, Rey. 318-08 ITEM NO. SUPPLIES OR. SERVICES AMOUNT 1. Virgin Islands. National Guard Month RR1 Box 9201, Kingshill, VI The Contractor shall provide all labor, materials, and equipment necessary to perform: Ground Maintenance Services for the Virgin Islands Air National Guard. on St. Croix. Joint Force Headquarters VI National Guard RR1 Box 9207 Kingshill, VI 00850-9731 SCOPE OF WORK See Attach Scope Name of Bidder: IFBO68VIANGC18(S) STATEMENT OF WORK GROUNDS MAINTENANCE SERVICES. FOR ‘VIRGIN ISLANDS AIR NATIONAL GUARD STATION 285!" CES 1. SCOPE: Contractor shall provide all iabor, material, supplies, tools, equipment and professional supervision required to fully and completely accomplish monthly grounds maintenance setvices required by this Statement.of Work. 2. LOCATION OF WORK: Work to be accomplished is located at the 285" Civil Engineer Squadron, Virgin islands Air National Guard Station, Industrial Park, 100 Estate Manning Hill, Kingshill, St. Croix USVI. NOTE: VENDORS MUST. BE REGISTERED AND CURRENT IN THE CENTRAL CONTRACTOR’S REGISTRY TO BE CONSIDERED. NOTE: THISJS A U.S. MILITARY INSTALLATION, ALL ENTERING AND EXITING VEHICLES ARE SUBJECT TO'SEARCH. 3. SCOPE OF WORK: a. The contractor shall mow and trim all ground areas within fifty (50) feet of all pavement edges and all grassy areas located west of the ANG: poured concrete area up.to the public road. These areas.shall be: mowed and pruned as required to keep a well-trimmed appearance and a grass height not to exceed three (3) inches.. 'b, All excess debris.and vegetation will be removed from the property being maintained. This includes cuttings performed by contractor and anything that has fallen from the existing trees or shrubs. c, All other grassy areas-inside the fence shall be mowed at least twelve (12) times during the term of this contract with a mulching-type mower. The Contractor shall mow a stretch fifteen (15) feet wide along the outside of the perimeter fence, at least twelve (12) times during the term of this contract, All growth/vines shall be removed from the fence each time the area is mowed. d. The Contractor shall weed, trim and provide weed control to all shrubbery, trim plantings and-trees twelye (12):times during the term of this contract in. the following areas: (1) All areas within twelve (12) feet around buildings on the-installation. (2) All areas within twenty (20) fect of the Security Guard Building. (3) All areas within (30) feet of the main entrance:chain link gate. (4) The shtubbery along the steep banks to the rear of the main-building, (5) Fence lines:are to be cleared of all vegetation and kept clear of vegetation throughout the contract period. . The contractor'shall remove all growth from -gabion rock walls and carefully spray walls with an herbicide to:the rock wal] area only, being:careful not to damage other. grass-or shrubbery. Contractor shall also remove weeds and maintain weed-free areas in rock planters: around buildings. f.: The Contractor shall spray all grassy areas, as needed with the proper herbicide to eliminate objectionable grasses (Johnson grass) or weeds, between gravel alongside the main building, side-walk, poured concrete and cracks within the asphalt. The Contractor must provide Material Safety Data Sheets (MSDS):on all chemicals used on the installation to the Hazardous Material Monitor. The-Contractor shall usé care. in using weed killers to insure no damage is. done to trees, shrubbery, or other ground cover. All-chemicals used by. the contractor shall meet the requirements set forth by the Environmental Protection Agency (EPA). Additionally, contractor must supply license for use of herbicide chemicals on installation. g. The-contractor shall completely sweep and clean all poured concrete areas.and walkways after each cleaning. All dirt, trash and trimmings will be removed from the premises upon completion of grass cutting each time. 4. GOVERNMENT’S FURNISHED MATERIALS: There wiil be no government furnished materials or equipment: 5. CONTRACTOR’S_ FURNISHED EQUIPMENT: a. The Contractor is required to provide adequate lawn mowers and weéd trimming devices required to perform the job. b. All hand tools, shrubbery- -trimming devices, sprayers, brooms etc., required to properly perform the fob, will be provided by the contractor. 6. WORK SCHEDULE: a. The Government shall submit a proposed work schedule to the contractor, which shall be approved in writing by the Contract Monitor or representative: b. The government reserves the right to adjust the standard schedule as‘needed for special events, such as an open house, major inspections, visiting dignitaries, etc.. These special] requests will be-negotiated separate from this contract on a case-by-case basis. 7. SITE VISIT: This job site can be inspected Monday through Friday, 8:30 AM to 4:00PM by contacting the Facility Manager at 340-773-8413 X 285-0231. 8 PERFORMANCE: Submission ofa quotation by a contractor shall be accepted as prima facie evidence that the contractor examined the job site ahd this Statement of Work and is satisfied as to the nature and ‘location of the work and all other matters which can in any way.affect the work or cost thereof under the contract. The Contractor is responsible for field verification of all dimerisions and conditions.in which the work will be accomplished, Any failure.on the part of the Contractor to become fully acquainted with all available information, including physical survey of the existing. area. and site.of the proposed work will not relieve the Contractor from successfully performing. all of the work required fora complete job. 9. SECURITY: The contractor and its employees shall be subject to, and shall at.all times conform. with, any.and all rules, regulations, policies and procedures pertaining to the security at the’above listed facilities. Any violations or disregard for the rules, regulations and policies may be cause for immediate termination of the contractor. The contractor and its‘employees shall at all times produce and display picture identification identifying the individual as an employee of the ‘contractor. 10. SAFETY: Safety requirement shall be in accordarice with all Federal and Territorial Jaws and regulations. The current Department of Labor safety regulations will govern the overall job safety program. 11. ENVIRONMENTAL: a. The Virgin Islands National Guard (VING) has instituted an environmental Management System (eMS) Policy. Its-aim isto implement and communicate long-term goals, for ‘envitonmental protection, improvement and stewardship. This will be achieved thtough continuous monitoring, assessing; reviewing and approving our environmental objectives and targets. b. All personnel — Military, civilian workers, contractors and visitors doing business with “VING must conform to the eMS protocols in and around VING facilities. Embodied in the Adjutant General’s eMS Policy is the requirement to adhere to and comply with all Environmental, Federal, Territorial, Depart of Defense and VING laws, rules, regulations aid policies. END OF SECTION Standard Form 86 CONTINUATION SHEET Contract, Order, or Invitation No. Page: No. Noverhber 1949 Edition {As Applicabiaj General Services Administration (Supply Contract) Fad, Proc. Reg. (41 OFR) 1-16. 107° . : 36-104; Rey.’3-18-08 ITEM NO. { SUPPLIES OR SERVICES: AMOUNT 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.1.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. CURRENT VALID BUSINESS LICENSE B. CURRENT CERTIFICATE OF GOVERNMENT INSURANCE COVERAGE C. CERTIFICATE OF GOOD STANDING D, CORPORATE RESOLUTION EVIDENCING THE DIRECTORS/OFFICERS OF THE COMPANY E. ARTICLES OF INCORPORATION, IF APPLICABLE “IT SHALL BE THE BIDDERS' RESPONSIBILITY TO DELIVER HIS BID TO THE DESIGNATED LOCATION PRIOR TO THE BID TIME SPECIFIED ON PAGE 1 OF THIS BID.” Name of Bidder: IFBO68VIANGC18(8) |Standard Form 86 CONTINUATION SHEET Contract, Order, or Invitation No. | Page No. |November 1949 Edilion , {As Applicable) General: Sarvices Administration ‘(Supply Contract} Fed, Pros, Reg. {41 OFRY 1- 46.107" : , 36-104. Rev,.2-18-08 ITEM NO. | SUPPLIES:OR SERVICES AMOUNT CONTRACT PERIOD: The period of:any contract entered into under this Invitation for Bid shall be for.a period of one (1) year. OPTION TO RENEW: The service of this contract may be extended for an additional term subject to ‘the availability of funds. SUPPLEMENTARY. PROVISIONS: The application of ail 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 $400,000.00, the cast 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 & Procurement, 3274 Estate Richmond, St: Croix, U. S. Virgin Islands 00820-4241. The: Contractor shail be liable for. toss or damages to property or persons, however, in no case shail 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, Teligion, 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 bids. Prompt payment 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 No discount offered for payments within less than thirty (30) calendar days will be considered. Paragraph 6a on Page 4 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 réquesied 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 in the form of an amendment to. the Invitation for Bids, specifications, etc., and will be furnished to all. prospective bidders. PREFERRED BIDDERS: In addition to placing a check (¥) in the appropriate box on Page.1, Section 5 of this Bid, any Person, Firm, Partnership of Corporation name be added to a Preferred Bidders’ List to be maintained by the Commissioner of Property & Procurement. If bidder has not previously filed a notarized copy of the Preferred Bidders’ Certificate with the Commissioner of Property & Procurement, Division of Procurement, Building #1, Third Floor Sub base, St. Thomas, U. S. Virgin Islands, or 3274 Estate Richmond, Christiansted, St. Croix, U.S. 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 the procedures set forth herein and in accordance with Title’31 V. [.-C. § 236 a, will not be considered eligible as Preferred Name of Bidder: IFBO68VIANGC18(S) Standard Form 66 b CONTINUATION SHEET Contract, Order, or Invitation No. Page No. November 1949 Edition , : ‘ {As Applicable} — Goneral Services Administration (Supply Contract) Fed. Proc. Reg. (41 OFR} 4-16:107 Tact) 36-104. Rev. 3-18-08 ITEM NO. } SUPPLIES OR SERVICES AMOUNT NAME ADDRESS Pursuant to Act No. 3072, approved July 29, 1971, amending Section 245 of Chapter 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. TITLE Name. of Bidder: IFBO68VIANGC18(S) STANDARD FORM Approved by Comm. of Prop. & Proc, 7214-71 Revised: 3-18-08, GENERAL PROVISIONS (SUPPLY CONTRACT) 1 DEFINITIONS As Used throughout this contract, the following terms ‘shal] 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: (1) 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.modifiéd in writing accordingly. Any claim by the.contractor for adjustment under this clause must’be asserted within 30 days ftom the. date. of receipt by the Contractor of the notification of chiange: Provided, however, That the Contracting Officer, ifthe decides that the facts justify such action, may receive and act upon any such claim.asserted at any time prior to final payimerit undet this contract. Where the-cost-of property made obsolete or exceéss: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 i 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 béen causéd 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 termi throughout this clause includes without imitation raw materials, coriponents, intermediate assemblies, and end products) shall-bé 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 witly 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 changé irispection or test is made by the Government -on the premises. of the Contractor or a subcontractor, the Contractor without -additionat charge shal} provide reasonable facilities and. assistance for the. safety and convenience of the: Government: inspectors in the perfor mance 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 shail not be liable for any reduction in value of samples: used in connection. with, such inspection or test, All inspections:and tests by the Government shall be performed in such a manner as not. to unduly delay the wotk, The Goyernment 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 niistakes as amount to fraud. (e) The Contractor shall provide and maintain an inspection system acceptable to the Governmént 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 ‘nay 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, regardléss 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 desttuction 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 thé supplies only if ‘such loss, destruction or damage resilts from the gross negligence of officers, agerits, or employees of the Governinent ‘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 lierein 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 pattial deliveries .shali bé.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 conitract 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 aid 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 int the. prosecution of the work:contemplated by this contract. 10. EXAMINATION OF RECORDS (The foitowing 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 Governinent Comptroller of the U. ‘S. Virgin Istands 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 tight 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- purchasé¢ 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) 1f 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. 7-14-71 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 arid in stich manrier as the Contracting Officer may deem appropriate, sup-plies ot 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 i 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 ofa 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 shali 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 1 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, profect 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. "Dispuites." The Government may withhold from amounts otherwise:due the Contractor for such completed supplies or manufacturirig: inaterials such sui as.the Contracting Officer determines to be 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 feason 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 ifthe 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 adjustnient 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 Goyernment 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. wr iting and-mail or otherwise furnish a copy thereof to the Contractor, The decision of the Contracting Officer shall be final and conclusive unless, withit 30 days from the date of receipt :of such copy, the Contractor mails or otherwise furnishes to the Coniracting Officer a written appeal addressed to the Attorney General. The decision of the Attorney General or his duly authorized representative shall Ke final: and conclusive unless determined by a court of competent jurisdiction to have: been fraudulent, or capricious, or atbitrary, or so grossly errotieous 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 -3- final degision 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 préeclude’consideration -of law. questions. in connection. with decisions provided for in paragraph (a) aboye:+ Provided, ‘That nothing in this contract shail be construed a€£. making final the decision of any administrative official, representative, ot board ona 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 claini of patent or copyright infringement based on the performance of this contract.of which the Contractor has knowledge. (b) In the event-of any. clair or'suit against the Government ‘on accourit of any alleged patent or copytight 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 shail 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 indeninify the Government. 14. BUY AMERICAN ACT (a) In acquiring end products, the Buy. American Act (41 U.S. Code 1Oa%id) 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 arti¢les; materials, and supplies, which are to be-acquired under this. contract for public use; and {iti)."a domestic source end product" means (A) an un- taanufactured 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 samie type or:kind as the products referred to in (b) (ii) or Gii) ‘of this clause shall be treated as components mined, produced, or mianufactured 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 ave 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 (ivy As to which the Secretary determines the cost ‘to the Government to be. unreasonable, (The foregoing fequirements are administered in accordance with Executive Order No. 10582, dated December 17, 1954.) 45.. CONVICT LABOR 7 a 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-mernber 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 shal] rot 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 of secure this contract upon an agreement. or understanding for a commission, percentage, brokerage, ot 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 warratty the Governnient 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- /5- APPROVED 10-2-74 COMMISSIONEER 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 Governiment 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, ditected 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 Teimination, and (B) the completed or partially 5. STANDARD FORM NO. DPP ~ TC-54-75 APPROVED.10-2-74 COMMISSIONEER OF DPP REVISED 3-18-08 (c) completed plans, drawings, information, .and other property which, if the contract had been completed, would have been required to be furnished to the Government. (vii) use his best efforts to sell, in the manner, at the times, to the extent, and-at the price . or prices directed or authorized by the Commissioner of Property: and Procurement, any property of the types referred to in (vi) above; provided, however, that the Contractor (A) shall not.be required to.extend credit to any purchaser, and (B) may acquire any such property under the conditions prescribed by and at the price. or prices. approved by the Commissioner of Property and Procurement and provided further that the proceeds of any such transfer or disposition -shall be applied in. reduction of any payments to be made by the Governmeit to the Contractor under: this contract or shall otherwise be credited to the priceor cost of the work covered by this contract .or paid in such. other manner as the Commissioner of Property and. Procurement may direct; (viii) complete performance of such part of the work as.shall not have been terminated by the Notice of Termination; and (ix) take such action as may be necessary, or as. the Commissioner of Property and Procurement may direct, for the protection and preservation of the property | related to this contract which is in the possession of the Contractor and in which the Government has or may acquire.an interest. After receipt of the Notice of Termination, the Contractor shall submit to the Commissioner of Property and Procurement his termination claim, in the form and with certification prescribed by. the Cominissioner of Property and Procurement, Such claim shall be submitted promptly but in no-event later than one-year from the effective date of terimination, unless one or more extensions in writing are granted by the Commissioner of Property and Procurement, upon request of the Contractor made ‘in writing within such one. year period or authorized extension thereof. However, if the Commissioner of Property and Procurement determines that the facts justify such action, he may receive and act upon failure of the Contractor to submit-his termination claim within the. time allowed, the Commissioner of Property and Procurement may. determine, on the basis. of information available to him, the amount, if any, due to the Contractor by. any reason of the termination and shall thereupon pay to the Contractor the amount so determined. Subject ‘to the provisions of paragraph: (c), the Contractor and. the Commissioner of Property and Procurement may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or pattial termination of work pursuant to this clause, which amount or amounts may include a reasonable allowance for profit on work done; provided, that such agreed amount or amounts, exclusive of settlement costs, shal] not exceed the total contract price as reduced by the amount of payments. otherwise made and as further reduced by the contract price of work -not terminated. The contract shall be amended accordingly, and the Contractor shall be paid: the agreed amount. Nothing in paragraph (¢) of this clause, prescribing the amount.to be paid to the Contractor in the event of failure of the Contractor and the Commissioner of ~6- we STANDARD-FORM NO. DPP - TC-54. «5 APPROVED 16-2-74 COMMISSIGNEER OF DPP. -REVISED 3-18-08 (e) Property and. Procurement to agree upon the. whole amount’ to be paid to the Contractor by reason of the. termination of work: pursuant to this clause, shall be deemed to. limit, restrict or otherwise determine or affect the amount or amounts which may be agreed to be paid to the Contractor pursuant to this. par agraph (d): In the event of the failure of the Contractor and the. Commissioner of Property and. Procurement to agree as provided in paragraph (d) upon the whole amount to be paid to the Contractor by reason of the termination of work pursuant to this. clause, the Commissioner of Property and Procurement shall pay to the Contractor the amounts determined by him as follows, but without duplication’of any amounts agreed upon in accordance with paragraph (d): (i) for completed supplies, materials. and equipment. or services accepted by the ~ Government (or sold or acquired as provided in paragraph (b) (vii) above) and not theretofore paid for; a sum equivalent to the aggregate price for such supplies or services computed in accordance with the-price or prices specified in the. contract, appropriately adjusted for any saving for freight or other charges;. (ii) the total of — (A) the costs incurred in the performance of the work terminated, including initial. (B) (C) costs and preparatory expense allocable: thereto, but exclusive of any costs attributable to supplies or services paid or to be paid for under paragraph (e) (i) hereof; the cost settling and paying claims arising out of the termination. of work under subcontracts or orders, as provided in paragraph (b) (v) above, which are properly chargeable to.the terminated portion of the contract (exclusive of amounts paid or payable on account of supplies or materials delivered or services furnished by subcontractors or vendors prior to the éffective date-of the Notice of Termination, which amounts shall be included in -the. costs payable under (A) above; and. a sum, as profit on (A) above, determined by the Contracting Officer to be fair and reasonable; provided, however, that if it appears that the Contractor would have sustained a loss on the entire contract. had it been completed, no profit shall be included or allowed. under this subdivision (C) and -an appropriate adjustment shall be made reducing the amount of the settlement to reflect the indicated rate of loss; and (iii) the reasonable costs of settlement, including accounting, legal, clerical and other expenses reasonably. necessary for the preparation of settlement claims and supporting data with respect to the terminated portion of the contract and for the termination and settlement of subcontract thereunder, together with reasonable storage, transportation and other costs incurred in connection with the protection or disposition of property allocable to this.contract. DPP-NCA-52-75 REVISED: 3-18-08 GOVERNMENT OF THE VIRGIN ISLANDS DEPARTMENT OF PROPERTY AND PROCUREMENT. NON-COLLUSION AFFIDAVIT 0 vooseeee BEING duly sworn, deposes and says that — (1) ‘He is [owner, partner, officer, representative, or agent] Of ...2...c0...0ccccecceeceelenseucccsrersusesaperatases (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 ptice 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 aid proper afd 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..............., ay OF 00... cecceseeeeieee ee vessesnessecsesneeaseenees, Notary Public