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GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES hoproved 622-78 DEPARTMENT OF PROPERTY AND PROCUREMENT: Comm. of Prop. Proc PROCUREMENT DIVISION Rey. 3.18.08 ee INVITATION BID & AWARD “ue PAGENO, “NO.OF PAGES SUPPLY CONTRACT 1 [ISSUED BY ADDRESS Department of Property & Procurement 3274 Estate Richmond, Christiansted: INVITATION FOR BIDS Pats ISSYED: September 18, 2018 [PATATONNO.IFBOBSVIANGC18(S) Sealed bids in quintuplicate (5 Sets 1 Original and 4 Copies), 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 attached or incorporated by referce will be received: at the above-office until 10:00. o'clock AM, Atlantic. Standard Time, not later than (date). October’ 416. 2018, and at that time publicly opened. for furnishing t the supplies or. services for delivery f.o. b. ST. CROIX; VI General information and instructions to Bidders are-contained in the -terms and conditions on the reverse @ hereof SCHEDULE ITEM NO. SUPPLIES OR SERVICES ‘QUANTITY: UNIT UNIT PRICE AMOUNT ‘Trash Management Services for the Virgin Islands Air National Guard. BID ——> |pATEOF BID IN COMPLIANCE WITH THE ABOVE THE UNDERSIGNED:OFFERS AND-AGREES, iF THIS BID BE ACCEPTED WITHIN DAYS:(30 cafendar.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 PRIGES.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) THATHEIS__, ISNOT__, 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 TOBE FURNISHED HEREUNDER WILL___, WILLNOT___, 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 HEIS A REGULAR DEALER IN. __. MANUFACTURER OF , THE SUPPLIES BID-URON, (3)(A) THAT HE HAS __, HAS NOT __, EMPLOYED OR RETAINED ANY COMPANY OR PERSON (OTHER THAN A FULL-TIME BONA FIDE EMPLOYEE WORKING GSOLELY FORTH 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 (8) 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 1S LICENSED JN AND MAINTAINS HIS OR {TS: 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, Cily, Stale-and Zip Coda) 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 [SUBMIT INVOICE FOR PAYMENT TO: Government of the United States Virgin Islands 8Y. SSG Oey St. Croix, U.S.V.1. ™ 9 TERMS. AND CONDITIONS OF THE INVITATION FOR BIDS 1.. PREPARATION OF BIDS: a) Bidders ate expected to examine the drawings, specifications, invitations, and_all'instructions, Failure to do so will be at the bidder's risk. (b} Bids must be in ink or printed on the bid forms fumished herewith.. 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 addition, a statement must be furnished with the bid; signed by the. bidder explaining the correction of the alteration or erasure: (c) If 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 propriétor, and the person signing. the bid is other than: the owner, a letter of authotization Signed by’ the owner shall be: furnished. The Contracting. Officer will retain all such proof on 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 parnership, his name, office and. post office addresses must be shown. If offered by a corporation, the person-signing the proposal must give his name, title; and-business address. Anyone Signing: 2 proposal as: agent must file legal: evidence of his authority fo do so; and that the. signature is binding upon the firm or corporation. (e) Altemate bids will not be considered unless authorized by the invitation... Allemate bids are those offered which do not meet the specification and are -not considered approved equal-to the item specified. (f) When not olherwise: specified, the bidder must state a definite time of. proposed delivery.. (g) Time; if stated as a number of days wilt include Sundays and holidays. 2: SUBMISSION OF BIDS; (a) Bids and modifications thereof: shall be enclosed .in sealed 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 submilled 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 all material respects with the invitation for bids so that; bath as to the method and timeliness of.submission, “aiid as to the substance of any resulting contract, ail bidders may stand on. an equal footing and the integrity of the formal advertising system ‘may be maintained. (b) Telegraphic. bids shall not be considered unless permitted by the (nvitation for Bids: Where-telegraphic bids are authorized, a telegraphic bid received by telephone from the receiving telegraph office not later:than the time set for opening of bids, shall be considered if'suich bid-is confirmed in writing by the-telegraph campany and. by sénding a copy of the- telegram which forms the basis for the telephone call. {c): Bids may be modified by telegraphic notice provided such notice is received prior to the. time. set for the-cpening of the bids, (d) (SUPPLY CONTRACTS) Sample of itenis, when required, must be’ submitted within. the time: specified, and unless otherwise Specified by the Government. If nof destroyed by testing, samples will be retumed.at bidders’ request ‘and expense unless otherwise specified by the Invitation... (@).In the event no bid is fo be submitted, Bidders are advised ‘not to-return the-Invitation uriless olherwise specified. However, a letter or post card -Shall be: sent to the Issuing Office ‘advising whether future Invitations. for the ‘type. ‘of supplies: or services covered by the invitation is desited. Faillre-to so ‘advise the Issuing Office may be interpreted against. lhe bidder, 3,. WITHDRAWAL OF BIDS: Bids may be 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 received at'the Office of the Contracting. Officer after the precise time set in the Invitation for Bids are fate bids. (b} A late bid shall be considered for award only if it is received before award; and either: (i) It was sent by mait 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 orto a. delay by the telegraph company for. which the bidder was not responsible; or {ii} If submitted by mail- or by ‘telegram where authorizedit was received at ‘the Office of the Contracting Officer in: sufficient’ time te be opened as required in the. Invitation but except for delay due to 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 an appropriate time stamp or a written-statément:from an official of the U.S. Postal ‘Service, (c}) Hand-Cartied Bids: A late hand-caried bid, or any -other late -bid not submitted’ by- mail ‘or ‘telegram, shall not be considered for award. (d} Registered Mail: The time of mailing of a late-bid, mailed by registered mail, may be defermined by the date. of the.postmark on the registered mail receipt or registered mail wrapper. The.time of malling:shall be deemed to. be. the last minute-cf 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 riot show. a. date, the bid shall be deemed to have been mailed {oo late unless. the bidder fumishes evidence from the post-office of mailing which establishes timely mailing. (e) Certified Mail: The time. of mailing a laté bid; ‘mailed by Certified Mail for. which a postmarked Receipt for Certified Mail was obtained, shall be deemed to be the last minute of the date shown-on ‘the postmark on such receipt'where: (i) the Receipt for Certified Mail identifies the post office station of nailing and the bidder furnishes ‘evidence from such sfation-that-the business day of that. station ended at an earlier time,.in which case the time’ of -Mailing shall be deemed to be- fast: minute of the business day of that station; or (ii) an entry in.ink on lhe Receipt of Certified Mail, showing the timé of “mailing and the initials of “the. postal employee receiving the item ‘and making the: entry, is appropriately verific ed. in writing by the post office Station of mailing in which case the timé-of mailing shall be the fime:shown in fhe entry.. If the postmark does not show a date, the bid shall be deemed. to have been maited too late. (f) Metered Mail: Bids-or modifications thereof jransmitted in a metered envelope received after the timeset for opening wil be:deemed to have’been mailed on the last minute of thé day indicated by the metered .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 name, catalog number, model and so forth as applicable on bid form covering the product ‘they are bidding on and propose to fumish. If not shown, it will be considered and understood to be that the make and model; shown in {he Schedule, as a reference, will be’ supplied. 6: -CASH DISCOUNT PROVISIONS: (a) Discounts offered for a period of less than 20 days. will not be 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 will 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 time. specified for acceptance, to that responsible. bidder whoée bid, conforming to the Invitation for Bids, offers. the most advantageous service to the Governnient, ‘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 Government may, during the tem of: any contract ‘entered into, increase or decrease the -quantities but ‘no. such inctedse: or decrease will exceed twenty-five (25%) per cent of the quantity 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 contractéd services included in the proposed contact, when the. public "interest will be served thereby. 9. PRICES: (a) All prices bid shall be firm 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 control. {c).All prices shall be.F,0.B: (Free On Board) destination. The seller hereunder must at his. own expense and ‘WSK, franspori the goods: fo the named place and there tender delivery. Standard Form 86° Contract, Order, or Invitation No. November 1949 Edition CONTINUATION SHEET (As Applicable) Page No. General Services Administration (Supply Contract) 36-104. ‘Rev. 3-18-08, Fed. Pros, Reg, (41:OFR) 1-46. 107. ITEM NO. SUPPLIES OR SERVICES AMOUNT 4 Virgin Islands National Guard $ Menth RR1 Box 9201, Kingshill, VI The Contractor shali provide all labor, materials, and equipment necessary to.perform Trash Management Services for the Virgin Islands Air National Guard on St. Croix. Joint Force Headquarters VI National Guard RR1 Box 9204 Kingshill, Vi 00850-9731 SCOPE OF WORK See Attach Scope Name of Bidder: IFBO69VIANGC18(S) STATEMENT OF WORK TRASH MANAGEMENT SERVICES FOR VIRGIN ISLANDS AIR NATIONAL GUARD STATION 285TH CES 1, SCOPE: Contractor shall provide all Jabor, supplies, tools, equipment and professional supervision required to fully and completely accomplish all trash management services required by this Statement of Work (SOW). 2. LOCATION OF WORK: Work to be accomplished is located at thie 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: THIS IS A U.S. MILITARY INSTALLATION, ALL ENTERING AND EXITING VEHICLES ARE SUBJECT TO SEARCH. 3. SCOPE OF WORK: a. The Contractor shall provide a refuse bin capable of holding a minimum of six (6) yards of trash from the installation. b. Pick up shall be done during the duty hours 7:30 AM to 4:30.PM, at least once per week, on Wednesday preferably. Once a day of the week is established as.a pick up day there will be no deviation other than noted in item “6” below. Any trash that has fallen from the refiise bin will be picked up from around the container. c. The job site can be inspected Monday through Friday between’ 7:30 AM and 4:30 PM. by contacting the Facility Manager at 340-778-1280 ext. 285-0231. 4. GOVERNMENT’S FURNISHED MATERIALS: There will be no government furnished materials and/or equipment. 5. CONTRACTOR’S FURNISHED EQUIPMENT: The Contractor is required to provide adequate refuse bin. Should refuse bin become unusable, the contractor.is required to supply-a suitable bin by the next schedule pickup. 6. WORK SCHEDULE: a. Any deviation from the previously stated schedule, due to holidays or for other reasons, shall be submitted in writing for approval to the Contract Monitor and/or representative. prior to changes being made. 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... Government shall provide writteri advance notification to said contractor. These special requests. will be negotiated ‘separate from this contract on a case-by-case basis. 7. PERFORMANCE: Submission of a quotation by a contractor shall be accepted as prima facie evidence that the contractor examined the job site and 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 dimensions.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 for a complete job. 8. 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. 9, SAFETY: Safety requirement shall be in accordance with all Federal and Territorial laws.and regulations. The current Department of Labor safety regulations will govern the overall job saféty program. 10. ENVIRONMENTAL: a. The Virgin Islands National Guard. (VING) has instituted an environmental Management System (eMS) Policy. Its aim is to implement and. communicate long-term goals for environmental protection, improvement and stewardship. This will beachieved: through continuous monitoring, assessing, reviewing and approving our environmental objectives and targets, b. All personnel — Military, civilian workers, contractors anid 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 ail Environmental, Federal, Territorial, Depart of Defense and VING laws, rules, regulations and policies, END OF SECTION Standard Form 86 CONTINUATION Ss HEET Contract, Order, or Invitation No: Page No. November 1949 Edition (As Applicable). General. Services Administration (Supply Contta ct} Feil, Proc: Reg. (41 OFR) 1-16.107 7 36-104. Rev. 3-18-06 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 JSLANDS 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.].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: IFBO69VIANGC18(S) Standard Form 66 CONTINUATION SHEET Contract, Order, or Invitation No. Page No. November 1949 Edition fae oe {As Applicable} General Services Administration {S upply Contract) Fed. Pic. Reg, (41 OFR) 1 216407 os : “ . 36-104, Rev. 3-18-08 ‘ (TEM 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 all materials will bein 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 & Procurement, 3274 Estate Richmond, St. Croix, U. S. Virgin Islands 00820-4241. The Contractor shall be liable for loss or damages to property or pérsons, 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 trace, religion, cotor,. or ancesiry. 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 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 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 (v) in the appropriate box on Page 1, Section 5 of this Bid, any Person, Firm, Partnership or 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. I. C. §.236 a, will not be considered eligible as Preferred Name of Bidder: IFBO69VIANGC 18S) Standard Form 68 CONTINUATION SHEET Contract, Order, or Invitation No. Page No. November 1949 Edition oo ; (As Applicable) General Services Administration (Supply. Contract) Fed. -Proc, Reg. (41 OFR) 1-16:107- - 36-104. Rev, 3-18-08" ITEM NO. j SUPPLIES OR SERVICES AMOUNT NAME 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 interést of more than five (5%) per Centum in the bidding enterprise, and if the bidder is a Corporation, the Names.and Addresses ofall its Officers and Directors, ADDRESS TITLE Name of Bidder: IFBOS9VIANGC18(S) ‘STANDARD FORM Approved by Comm. of F Prop, ‘& Prac, 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 terrn “Contracting Officer” means the Commissioner of the Department of Property & Procuremerit; 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 foliowing: (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 (ii) place of delivery. If airy 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 of-not changed by any. such order, an equitable adjustment shall be made in the contract price. or delivery schedule, of both, and the contract shall be.modified in writing accordingly. Atly: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 ie decides that the facts justify such action, may receive and. act upon any such claim asserted at any time prior fo final payment under this contract, Where the. cost of: property made obsolete or excess ds 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 pr operty. 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 cany item called for by this contract will be accepted untess‘such variation has been caused by conditions of loading, shipping, packing: or allowanceés in manufacturing: processes, and then only to the extent, if atiy, specify elsewhere in this contract. ‘5, INSPECTION (a) All supplies (which term throughout this clause includes without limitation raw materials, components, intermediate assemblies,-and erid products) shail be subj ject 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 materia] or workmanship or otherwise not in conformity with ‘the requirements of this contract, the Government shall have the tight either to reject them (with or without instructions as to their disposition) or to require their correction. Supplies or Jots of supplies which have been rejected or required to be corrected shalt 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 Governmeitt inspectors in the performance of their duties. If Governinent inspection ot 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.shali 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 shalt 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 reti¢ve the Contractor from responsibility for such supplies ‘as aré not. in accordance with the contract requirements nor impose liability on the Government therefor. STANDARD FORM Approved by ; ; Comm: of Prop. &- Prog, 7-14-71 Revised: 3-18-08 (d) The inspection and test by the Government of any supplies: or lots thereof does not. reliéve 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 afl inspection work by the Coritractor 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 atthe 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 stich. 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 Joss, 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 hérein for supplies. delivered ‘and accepted or services rendered and accepted, less deductions, if any, as herein provided. Uiiléss otherwise. specified, payment will- be‘ made on partial deliveries accepted by the Government whei ‘the amount due on such deliveries so warrants; or when réquested by the Contractor, payment for accepted partial deliveries shall be made whenever such payment would equal or excced 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. toa bank, trust compaiy; or other financial: institution, including any Federal lending. agency, and inay thereafter be further assigned atid reassigned to any such institution, Any. such assignment. or-reassignment'shall cover-ail ‘amounts. payable under this contract and not already paid, and shall not be made'to more than‘one party, except thatany 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 vpon any bond furnished in-comnection with this-contract becomes unacceptable tothe 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. §. 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 relatéd 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 Govertiment Comptroller of the Virgin Islands of any of his duly. authorized representatives Shall, until the expiration of three years: after final payment under the subcotitract, haye access to’and the right to examine any directly pertinent’books, documents, papers, and records of such ‘subcontractor,. involving transactions rélated 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 ore of the following circumstances: (i) 1f the Contractor fails to make: delivery of the sup- plies or to perform the services within the time specified herein ox 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 Comin, .of Prop. & Proc: WNT 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. {by 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 shali be liable to the Government for any excess costs for such similar supplies or services: Provided, That the Contractor shalt 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- ‘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 thatthe 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, itis 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 providéd im ‘this clause shalt not be exclusive and are in addition to any other 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, arid. (ii) such partially completed supplies and materials, parts, too!s, dies, jigs, fixtures, plans, drawings, information, and contract rights (hereinafter called “manufacturing materials") as the Contractor has specifically produced or specifically acquired for the performarice..of ‘such part of this contract as has been terminated; and the Contractor’ shall, upon ‘direction of the Contracting Offi icer, 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 Governinent 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 shail be a dispute concerning a question of fact within. the meaning of the clause of this contract. entitled "Dispiites." 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 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 agreenient shail 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 thé 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, thé 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 patagraph (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 Coma. 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 copyr ight 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 Governnient 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 10afid) 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 (iti) "a domestic source end product" means (A) an un- manufactured end product which has been mined or produced i 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 (iit) of this clause. shall be treated as components mined, produced, or: manufactured in-the United States: (b) The ‘Contractor agrees that there wil! 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 ofa satisfactory quality; (iit) 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. OFFICFALS NOT TO BENEFIT No member of the Legislature, or Delegate to thé United States Congress, or official or employee of the -Executive. Branch of the Government of the Virgin Islands, shal] 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 éstablished commercial or selling agencies maintained by the Contractor for thé. 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 consideration, ..or otherwise recover, the full amount of such to deduct from the cottract price or comrission, 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 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) (y) (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 subcontr acts;. 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, workin 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 5. STANDARD FORM NO. DPP — TC-54-78 APPROVED 10-2-74 ‘COMMISSIONEER-OF DPP REVISED 3-18-08 (c) (d) 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 Government to the Contractor under this contract or shall. otherwise be credited to the price or 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. Commissioner of Property and Procurement. Such claim shall be submitted promptly but in no event later than one year. from the effective date of ‘termination, 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 partial 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,, shall 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 (e) of this clause, prescribing the amount to be paid to the Contractor in the event of failure of the Contactor and the Commissioner of -6- STANDARD FORM NO, DPP ~ TC-5a-. 5 APPROVED 10-2-74. COMMISSIONEER OF DPP REVISED 3-18-08 ) Property and. Procurement to agree lipon 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 paragraph (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 io 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 othér 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 tetmination of work under subconttacts 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 effective 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 ot 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- sree DCING duly.sworn, deposes and says that — (1) He is fowner, partner, officer, representative, OF AgeNt] Of oo... cee seceee eee eek cab ee ene er eeeanseanenteteceee: bekbaeeieeee eas eeeeeetaneeaaes a eeneeeeee enon Lene ee rene peewee entenentes . the bidder that has submitted that attached bid; (2) He is duly informed respecting the préparation 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 16 submit-a collusive or sham bid’in connection with the conittact 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......... cetceey GAY OF cescccsccccccsessecessesscsssessusnsasenesseseee Notary Public