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GOVERNMENT OF THE. VIRGIN ISLANDS OF THE UNITED STATES poptoved 8-22-73 DEPARTMENT OF PROPERTY. AND PROCUREMENT Comm. of Prop. Proc PROCUREMENT DIVISION Rev. 3-19-08" __ = = INVITATI ON B | D & AWAR D CONTRACT NO, PAGE NO. NO. OF PAGES ‘SUPPLY CONTRACT ORDER NO. 1 JISSUED BY. ADDRESS Department of Property & Procurement 3274 Estate Richmond, Christiansted INVITATION FOR BIDS PATETSSUED January 18 2019 eer N°: IFBO13VINGC19(S} Sealed bids in quintutlicate (5 Sets}, subject. to (1) ‘the Terms and Conditions of thé Invitation for Bids, (2) General Provisions which are incorporated herein‘by reference, and (3) such other contract provisions. and spécifications as. are attached or incorporated by reference will be received.at the above office until:10:000'clock:AM, Atfantic Standard Time, not later than (date) February 5, 2019,and at that time publicly opened, for furnishing the supplies or services for delivery:f.c.b, ST. CROIX, VI General information and instructions'to. Bidders are contained in. the terms and -conditions‘on the reverse. heréof. . SCHEDULE ITEM NO. SUPPLIES OR SERVICES Quant UNIT UNIT PRICE AMOUNT Pest Control Services for the St. Croix Military Facilities. BIDy ————» [DATE OF BID ‘IN COMPLIANCE WITH THE ABOVE THE.UNDERSIGNED OFFERS AND AGREES, IF THIS:BID BE ACCEPTED WITHIN __ DAYS ' (30 calendar days’ “unless a diferent period is insérted by.tie 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 SPEGIFIED IN THE INVITATION: DISCOUNTS WILL BE: ALLOWED FOR PROMPT PAYMENT AS FOLLOWS: PERCENT, 20 CALENDAR DAYS; PERCENT; 30 CALENDAR DAYS BIODER REPRESENTS’ (Check ‘appropriate. boxes) (1) THAT HE IS: _, {S NOT__, ASMALL BUSINESS GONCERN. JF.BIDDER.|S A SMALL BUSINESS CONCERN AND IS:NOT THE MANUFACTURER OF THE. SUPPLIES BID UPON. | HE ALSO REPRESENTS THAT.ALL ‘SUPPLIES. TO BE FURNISHED. HEREUNDER WILL ___. , WILL NOT . BE. MANUFACTURED.OR PRODUCED BY A.SMALL BUSINESS CONCERN IN THE UNITED STATES; ITS TERRITORIES, ITSP POSSESSIONS, “OR THE COMMONWEALTH. OF PUERTO: RICO. (2) THAT HE'1S:A REGULAR DEALER. IN , MANUFACTURER GF __, THE SUPPLIES BID UPON. (3) (A) THAT HE HAS » HAS.NOT TEMPLOYED OR:RETAINED Ah ANY COMPANY. OR PERSON (OTHER THAN A FULL-TIME BONA FIDE EMPLOYEE WORKING. G SOLELY FORTH THE BIODER) 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 (SLANDS {5) PREFERRED BIDDER: A BONA FID FIDE ‘CONTINUOUS RE! RESIDENT OF THE VIRGIN ISLANDS. FOR AT-LEAST EIGHT (8) YEARS-OR__ WAS BORN IN THE VIRGIN ISLANDS; __A FIRM, PARTNERSHIP, OR CORPORATION.IN WHIGH AT LEAST FIFTY-ONE.PERCENT (81%) OF THE LEGAL OR EQUITABLE. OWNERSHIP IS HELD. BY A PERSON OR PERSONS WHO HAVE BEEN BONA FIDE CONTINUGUS RESIDENTS OF THE VIRGIN ISLANDS FOR AT LEAST EIGHT (8) YEARS OR ___WHO WERE BORN IN THE VIRGIN ISLANDS; ___SAIB PERSON; FIRM., PARTNERSHIP, OR CORPORATION: IS LICENSED IN-AND MAINTAINS HIS OR:ITS PRINCIPAL PLACE OF BUSINESS IN THE “VIRGIN ISLANDS AND OWNS, OPERATES, OR MAINTAINS A . STORE, WAREHOUSE, OR OTHER PLACE OF BUSINESS IN THE. VIRGIN ISLANDS OR ___THE DULY AUTHORIZED AGENT, DEALER, DISTRIBUTOR OR REPRESENTATIVE IN THE VIRGIN ISLANDS FOR THE MATERIALS, SUPPLIES, ARTICLES, ‘OR- EQUIPMENT OF THE.GENERAL CHARACTER DESCRIBED BY THE SPECIFICATIONS -AND REQUIRED UNDER. THIS CONTRACT. . NAME & ADDRESS OF BIDDER: (Street, City,. Slate and Zip Codey SIGNATURE OF PERSON-AUTHORIZED TO SIGN BID {Typé or Paint) —> TYPE OR PRINT SIGNER'S NAME @ TITLE AWARD DATE OF AWARD ACCEPTED AS TO NEMS NUMBERED AMOUNT GOVERNMENT OF THE VIRGIN ISLANDS [SUBMIT INVOICE FOR PAYMENT TO: Government of the United States Virgin Isiands BY St. Croix, U.S.ViI. Contracting Officer TERMS AND CONDITIONS OF THE INVITATION FOR BIDS 1, PREPARATION OF BIDS:. 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 furnished 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’ theteof printed in ink or typewritten adjacent thereto and initialed by’ the person -signing the bid; In addition, a statement must'be fumished with the-bid, signed by the. bidder explaining ‘the correction of the alteration. or erasure. {c) if the bidder is a partnership, a ietler of attthorization shall be fumished and signed by all-of the general partners. If the bidder is a proprietor, and-the person signing the bid is other than the owner, a letter of authorization 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: (4) 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 musi be shown. If offered by a corporation, . the person signing the proposal must give his name, title, and: business: address,. Anyone signing. a proposal as agent must fife. legal evidence of his. authority to do so, and that the-signature is binding. upon the: firm. or corporation. {e) Alternate bids will not be considered unless authorized by the ‘invitation. Alternate bids are those-offered which do not meet the specification and are not considered ‘approved equal. to'the item 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 and: modifications ‘thereof shall be--enclosed in séaled ‘envelopes ‘addressed to the issuing office, with the name and -address. of the.bidder; the date-arid hour.of opening, and the. invitation. number on the face of the envelope, Bids ‘shall be submitted so as to be received in the Office of the Contracting Officer-not later than the exact 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, both as to.the method and timeliness of submission, and as fo the'substance of any resulting contract, all bidders may’ stand on an equal footing and the integrity of the fortnal 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 telephone from fhe receiving telegraph office not jater than 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 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 opening of the bids. (d) (a) Bidders - are. (SUPPLY CONTRACTS) Sample of items, when. required, must. be submitled within the time specified, and unless otherwise specified by the Government. If not destroyed by testing, samples: will be.retumed at. bidders‘ request and expense unless otherwise: specified by the linwitation. (2) In the event no bid is to be submitted, Bidders are-advised notto-return the Invitation unless otherwise 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 desired. Failtire to.so advise the-Issuing Office may be interpreted against the: bidder. 3. WITHDRAWAL OF BIDS:. Bids. may be withdrawn only by written or telegraphic notice provided that such notice is received. prior fo the time set for opening of the bid. 4. LATE BIDS: (a) Bids received at the. Olfice. of the Contracting Officer after the precise time set inthe. invitation for Bids-are late. bids, {b) A iate ‘bid. shall be considered for. award only: if it is recéived before-award: and either: {i} It was sent by mail including registered or certified for -which an. official dated post‘office stamp {Postmark} oh the envelope has been obtained, or by telegraph if: authorized, and it is determined that the lateness was _ due solely to-a delay in the mails or ta 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 Contracting Officer in ‘suff icient-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 -fimely: receipt -at the Office of the Contracting Officer'is that which ‘can be established upon examination of an appropriate time starip or a written’statement from.an official of the U. S. Postal Service. (c)Hand-Carried Bids: A late. hand-carried bid; of any other iate 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 determined by the ‘date-of the postmark on-the registered. mail teceipt or registered mail wrapper, The time of mailing shail be deemed to be the last minute of.the:date shown in Such posiniark unless the bidder fumishes evidence from the. post office: station of mailing which establishes an eatiier time. ‘If the: ‘postmark does not show 2 date, the. bid shal! be-deemed to have been mailed too late. untess the bidder furriishes evidence from the post-office of. mailing. which establishes timely mailing. (e} Certified Mail: The: time of mailing a late bid; ‘mailed: by Cettified 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 mailing and the. bidder furnishes: evidence. froni Such station that the business day of that station ended at.an earlier time, in. which case. the ‘time.of mailing shal! be deemed t6 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 empiyee receiving the item and making the éntry, appropriately verified’ in writing. by ihe. post ofice Station of mailing in which case’ the time of. mailing shall'be-the time shown in the entry. {f the postmark does not show’ a date, the bid shall: be: deemed to. have been mailed too late. (f) Metered Mail: Bids or modifications ‘thereof transmitted in a metered envelope received after the time set for opening will be deemed ta have tieen mailed on .the last minute-of the day indicated by the metered stamp unless in such évent a. bidder is able to submit clear and convincing proof-as fo the-actual or approximate. time of mailing, 5. IDENTIFICATION OF OFFER: Bidders shall show: brand name, catalog number,. model and so forth ds applicable on-bid form covering the product they are bidding on and propose to: furnish. If not shown, it will be considered and understood to be that the make and.model, shown in the. Schedule, as a reference, will be- ‘supplied, 6. CASH DISCOUNT PROVISIONS: (a} Discounts offered for a. period of tess than 20 days will not-be considered i 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 Govemment. Provided, however, . that -the Government is not unreasonably. nor unduly negligent: in accepting'shipment. 7; AWARD OF CONTRAGT: {a) Untess all bids are rejected, award will be made by written notice, within the time. spécified for acceptance, to that responsible bidder: whose bid; conforming to the Invitation for Bids, offers the. most advantageous service to the Government, “quality offered, ‘delivery terms’ and service reputation taken ‘into. consideration, (b) The Government may award items separately or by groupirig items in‘total lots. {c} The Government may, during the term of any ‘contract..entered into; increase or decrease the quantities. but no such: increase or decrease: will exceed twenty-five (25%) per cent of the quantity bid upon: 8, REJEGTION OF BIDS: The Government may; after opening but prior.to award. and within the time’ specified for accepiatice, reject any or alll bids, or the bid: for any one- or more commodities or contracted services included in the proposed contact, when the public interest wil! be ‘served thereby, 9. PRIGES: (a) All prices bid ‘shall be firm. and not Subject to increase if accepted during the acceptance period. Bids containing an “escalation clause” will riot ‘be considered, unless specifically authorized: by the Government in the Invitation for Bids. {b} For each ‘item bid, 2 unit price and:a total for the. quantity must be stated,. Thé unit price shall-always controf. (c) All prices shall be: F.0.B, (Free On Board)-destination. The-seller hereunder must-at his own expense and: risk; transport the goods to the naméd place. and there tender delivery. {Standard Form 86 CONTINUATION SHEET Contract, Order; or Invitation No, Page No. November 1949 Edition (As Applicatile) - General Services Administration (Supply Contract) Fed. Proc, Reg. (41 OFR) 1-16.107 aia , 36-104, Rav.3-18-08 IFBO13VINGC13.(S) ITEM NO. SUPPLIES OR SERVICES ‘AMOUNT Virgin Islands National guard Kingshill, Virgin islands 00850-9731 Pest Control Services at the Virgin Islands National Guards Scope of Work See Continuation Sheet Name of Bidder: IFBO13VINGC19 {S) Standard Form 86 CONTINUATION SHEET Contract, Order, or invitation No. Page:No November 1949 Edition {As Applicable) — General Services Administration, (Supply. Contract) Fed. Proc: Reg. (41-OFR) 1-16.107 a . ——. 36-104. Rev: 3-48-08 [IFBO13VINGC19 (S) 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 MAILING ADDRESS ONLY WILL NOT SUFFICE. BIDDERS MUST INSERT THEIR E.].N:-EMPLOYER’S IDENTIFICATION NUMBER ON PAGE 171 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: A. ORGANIZATION AND PERSONNEL B. REFERENCES (2 minimum) C. CURRENT BUSINESS LICENSE D. CURRENT CERTIFICATE.OF GOVERNMENT INSURANCE COVERAGE E. CERTIFICATE OF GOOD STANDING F. CORPORATE RESOLUTION EVIDENCING THE DIRECTORS/OFFICERS OF THE COMPANY G. ARTICLES OF INCORPORATION, IF APPLICABLE ‘IT SHALL BE THE BIDDERS' RESPONSIBILITY TO DELIVER BID TO THE DESIGNATED LOCATION PRIOR TO THE BID TIME SPECIFIED ON PAGE 4 OF THIS BID:” “AWARD WILL BE MADE TO THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER. UNDERBIDDING CAN DEEM YOUR BID NON-RESPONSIBLE.” Name of Bidder: IFBO13VINGC19 (S) ‘Standard Form 86 CONTINUATION SHEET Contract, Order, or Invitation No. Page No. November 194 Edition : (As Applicable). General Services Administration ‘(Su poly Contract) , Fed: Proc. Reg, (41 OFR) 1-16.407 . - . “ : _ —— 36-104. Rev. 3-18-08 IFBO13VINGC79 (S} ITEM NO. | SUPPLIES OR SERVICES “AMOUNT. CONTRACT PERIOD: The period of any contract entered into under this Invitation for Bid shail 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 be in such a manner so as not to cause harm to humans, foodstuff or equipment within the building and/or property. The Contractor shall maintain on his: own, Workmen's Compensation Insurance, Comprehensive General Liability Insurance against bodily injury with limits of $100,000.00 and against property damage with limits of $100,000:00, the cost of which shail 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, 8201 Sub Base, 3rd Floor, St. Thomas, U. S. Virgin Islands 00802, The Contractor shall be liable for loss or damages to property or persons; however, in no case-shall.such negligence be presumed or inferred. The Contractor agrees not to refuse to hire or employ or to bar or discharge from employment.any individual because of race, religion, color, or ancestry.. The Contractor hereby agrees to pay the existing minimum wages, Federal and/or Local taxes as may be applicable. PROMPT PAYMENT DISCOUNT: Prompt payment discounts shall NOT be considered in the evaluation 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 miade 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 ai amendment to the Invitation for Bids, specifi cations, ete., and will be furnished to-all prospective bidders. PREFERRED BIDDERS: In addition to placing a ctieck (v) in the appropriate box. on Page 1, Section 5 of this Bid, any Person, Firm, Partnérship 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 specifted 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 Bidders for this Invitation for Bids. Name of Bidder: iFBO13VINGC19 (S) Standard Form 86__ CONTINUATION SHEET Gontract, Order, or Invitation No; Page No. {November 1949-Edition oo {AsApplicable) . General Services Administration (Su pply Contract} ; “ Fed, Proc, Rég..(41 OFR) 1-16.107 ° ; — ; 36-104. Rev. 3-1B-08. IFB013ViINGC19 {S} ‘ITEM NO. | SUPPLIES OR SERVICES AMOUNT NAME. ADDRESS / PHONE / EMAIL 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 benefi icial interest of more than fi ve (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 Nama nf Riddar- IFBO13VINGC19 (S). ‘Standard Form 86 CONTINUATION SHEET Contract, Order, or-Invitation No. etal sl November 1249 Edition . (As Applicable} : ; Page No.. Ganeral Services Administration (Su pply Contract} So Fed. Proc: Rag. (41 OFRY 116.107 _ - 36-104. Rev. 3-18-08 IFBO13VINGC19 (S) iTEM NO. | 7 SUPPLIES OR SERVICES AMOUNT IFBO13VINGC19 (S) Scope of Work. for Pest Control at the. Virgin Islands National Guard’s Estate Bethlehem Military Compound, Army Aviation Operations Facility (AAOF), Sprat Hall Military Compound, and Ham’s Bluff Military Compound St. Croix, United States Virgin Islands SW 1-01 SCOPE: Furnish all materials, tools, supplies; equipment, labor and professional supervision to complete all of the required tasks necessary fora pest contro] program at the Virgin Islands National Guard’s (VING) facilities on the island of St. Croix, United States Virgin Islands (USVJ). SW _1-02 LOCATION: Sites of work are the Estate Bethlehem Military Compound, Army Aviation Operations Facility (AAOF), Sprat Hall Military Compound, and the Ham’s Bluff Military Compound, St. Croix, USVI. SW 1-03 WORK TO BE ACCOMPLISHED: Work to be accomplished includes, but is not limited ta, the following: I. Begin with a property-wide inspection and monitoring, using both monitoring devices and visual inspection. 2: Use the monitoring results to design an Integrated Pest Management (IPM) plan for the property. This plan will be updated. at least annually. along with monitoring results. The following components should be included iii the IPM plan: A. Management Objectives: Identify key pests to be controfled, level of control desired (thresholds), and areas of the facility requiring special attention. Include a clear understanding. ‘ofall guarantees, exclusions, and limitations, including the definitions of high-, medium-, and low-infestation, . Communication and Accountability System: Designate contact people and alternates at the contractor's company. Set up a procedure for the contractor to report maintenance or pest prevention needs to the VING Construction and Facilities Management Office (CFMO). Schedule of Service: Describe the expected schedule and duration of service visits required to meet VING’s objectives. Except as.otherwise agreed upon, all work at the VING properties under this contract will be performed between 8:00:a.m. and-4:00 p.m. Monday to Friday, except Federal and Territorial holidays observed by the VING, and should not interfere with daily VING operations. Arrangements to.work at different times or days must be coordinated through the CFMO in order to. gain access to-the facility. . Monitoring Program: The contractor shall describe methods and procedures to. be used for a) identifying sites of pest harborage and access; and b) assessing pest populations throughout the term.of the contract. This information must include general locations of common area monitoring traps and responsibilities for routinely. checking the traps. Differences in pest levels associated with seasons‘and preventive action should be-addressed. As a general nile, pesticides should not be applied unless monitoring indicates the presence of pests in that specific area. Virgin Islands National Guard Scope of Work Pest Control E. Description of IPM Methods and Products: Summarize non-chemical IPM methods proposed and cheose pest management strategies that are: Least disruptive of natural controls; Least hazardous to human health; Least toxic to. non-target organisms; Least daniaging to the environment; Most likely to produce a permanent reduction of the pest population; Easiest to carry out effectively; and Most cost-effective over the. short:and long term. - Do not apply pesticides inside or outside unless visual inspection or a monitoring device indicates the. presence of pests in that specific area. - Control rodents inside buildings only with trapping devices. All such devices shall be concealed from view, where possible, being placed in protected areas unaffected by routine cleaning and other. operations. . Check trapping devices on a schedule approved by the CFMO. The contractor is responsible for disposing of all trapped rodents and all rodent carcasses in an appropriate manner. - Use portable vacuums rather than pesticide sprays for initial ¢leanouts of cockroach infestations, for swarming (winged) ants. and termites, and for control of spiders in webs, - Bait formulation shall be the standard pesticide technology for cockroach and ant control, with alternate formulations restricted to unique situations where baits are not practical. ~ The contractor shall apply all insecticides as “crack and crevice” treatments only; defi ned in this contract as. treatments in which the formulated insecticide is not visible to a bystander during or after the application process. - List EPA-approved pesticide products proposed for use in the program together with the rationale, proposed methods of use, and methods planned to minimize exposure. For each pesticide, list the product name,.EPA registration number, pest(s) targeted, and: where pesticide will be applied (¢.g. indoors, in wall voids, or outside), F. Desirable Structural or Operational Changes: Identify pest-proofing activities or modification of staff operational methods or timing that would improve pest management efforts (e.g. caulking around pipes), G. Record Keeping System: Describe data to be. collected and provide a sample. monitoring form designated to track data on pest location, populations, harborage; trends in populations, status of previously suggested pest exclusion and prevention measures for which facility staff are responsible, and other relevant information. Department of Defense (DD) Form 1532-1 or a similar form should be used for record keeping. SW 1-04 COMMITMENTS: The Contractor must commit to providing qualified, professional pest management personne] (PMP) who: 1. Will not distribute or sell pesticide products to staff and/or employees; Virgin Islands National Guard: Scope of Work Pest Control 2. Will not store any pesticide product in the buildings specified in this contract; 3. Understand-current practices in this field and have experience providing pest control services in: residential and office environments; 4. Conduct themselves in a professional manner, with minimal noise-and disruption:. 5. Cooperate with building occupants to assure the. progress of this work;. 6. Have good communication skills and wil] speak with staff that are present during a visit. It is expected that. PMPs will make an effort to obtain pest si ighting information from staff and educate them on IPM techniques; 4 7. Maintain certification as a Commercial Pesticide Applicator in the category of residential and institutional pest control services; 8, Wear 4 distinctive uniform that has the contractor’s name easily identifiable, affixed in a permanent or semi-permanent manner while working at VING-owned or leased properties: 9. Use additional personal protective equipment required for safe performance of work as determined and provided by the contractor that, at a minimum, conforms to Occupational Safety and Health Administration (OSHA) standards. for products being used; 10. Use only contractor vehicles identified in accordance with local regulations; 11. Observe all safety. precautions throughout the performance of this contract. Certain areas within some buildings. may require special thstructions for persons entering those areas; 12. Will comply. with alt VING regulations as are-applicable during the time spent on VING property; ]3. Obtain building passes, if needed; and 14. Take all necessary precautions to ensure staff safety and all necessary steps to ensure the containment of the pesticide to the site of application. SW _1-05 TERM: A. This-contract will be in effect for an initial period of twelve (12) months. Upon agreement of the parties, the contract may be extended for additional optional 12-month periods. B. 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. security at the VING facilities. Any violations or disregard for the rules, regulations and policies may be cause for immediate termination of the Contractor. The Contractor arid its employees shal] at af] times produce and display picture identification identifying the individual as an employee of the contractor, €. The contractor shall obtain the signature of the facility representative upon completion of the service. The receipt shall be submitied with each invoice, D. The contractor shall submit an invoice at the end of each month. Invoices and supporting documents shall be submitted to otag-info@otag.vi. Boy. E, ‘The invoices shall be itemized with the names and amounts for each facility, F. The contractor shall provide-a monthly rate for each facility - Army Aviation, Sprat Hall, Hams Bluff, and Bethlehem Compound. The Bethlehem. Compound will be further-broken down as RT), USPFO, CSMS, FMS #1, JFHQ and 104" TC. Virgin Islands National Guard Scope of Work Pest Control SW 1-06 SUSPENSION OF PERFORMANCE IN CASE OF EMERGENCY: A. In the event ofa natural disaster or other emergency affécting operations at any facility covered by this statement of work, the VING, upon its sole discretion, may notify the contractor that performance of work at that facility is wholly or partially suspended until further notice. B. The VING shall compensate the contractor for any services. provided up to the date of suspension of performance. C. The VING shall notify the contractor when services are to be reinstated and allow.a reasonable mobilization period prior to resumption of performance. SW 1-07 SAFETY: Safety requirements shall be in accordance with all Federal and Territorial taws and.codes, The current Department of Labor safety and health regulations will govern the overall job safety program. SW_1-08 ENVIRONMENTAL: A. The Virgin Islands National Guard (VING) has instituted an environmental Management System (eMS) Policy: Its aim ts to implement and communicate long-term goals for environmental protection, improvement and stewardship. This will be achieved through 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 and training areas, Embodied in the Adjutant General’s eMS Policy is the requirement to adhere to, and comply with, all Environmental, Federal, Territorial, Department of Defense and VIARNG laws, rules, regulations ‘and policies. Page 4.0f 4 STANDARD FORM Approved by Comin. of Prop, & Proc. 7-14-71 Revised: 3-18-08 GENERAL PROVISIONS (SUPPLY CONTRACT) 1. DEFINITIONS As Used throughout this contract, the following terms shall have the meaning set forth below: The term “Contracting Officer” means the Commissioner of the Department of Property & Procurement; and the term includes, except as otherwise provided in the contract; the authorized representative of the Contracting Officer acting within the limits. of hiis authority. 2. CHANGES The. Contracting Officer may at any time, by a written order, and without notice to the sureties, make changes, within the general scope of this contract, in anyone or more of ‘the: following: (i) Drawings, designs, or spécifications where the supplies to be furnished are to be specially manufactured for the. Government. in accordance therewith; (ii) method of shipment or Packing; and (iii) place of. delivery. If any such change causes an increase or decrease in the cost of, or the time required for, the performance of any part of the work under this. contract, whether changed or not changed by‘any such order, an: equitable adjustment shall be made in the contract price or delivery schedule, or both, and the contract shall be modified in weiting accordingly. Any claim by the contractor for adjustment under this clause must be asserted within 30 days from the date: of receipt by. the Contractor of the. notification of changer Provided, however, That the Contracting: Officer, if he decides. that the facts justify such action, Tay receive and act upon any “Such claim asserted.at.any time prior to final payment, under this contract.. Where the cost of property made obsolete or excess as. a result of a change is included in the Contractor's claim for adjustment, the Contracting Officer shall have the Tight to prescribe the manner of disposition of such property. Failure:to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this.contract entitled “Disputes.” However, nothing in this clause shall excuse. the Contractor from proceeding with the contract as changed. 3. EXTRAS Except as otherwise provided in this contract,-no payment for extras. shall be made unless such extras and the price thereof have been authorized in writing by the Contracting. Officer. 4. VARIATION IN QUALITY No variation in the quantity of any item.called. for by ihis contract will be accepted'unless such variation has been. causéd by conditions of loading, shipping, packing or allowances. in manufacturing. processes, and then only to the extent, if any, specify elséwhere in this contract, 5. INSPECTION (a) All supplies. (which term throughout this clause includes without’ limitation raw ‘materials,, components, intermediate assemblies, and end products} shall be subject to inspection and test by the Government, to. the extent. practicable at all times and places including the period of manufacture and in any event prior to- ‘acceptance. (b) In. case any supplies or lots.of supplies are defective it material or’ workmanship ‘or otherwise not in conformity with the requirements of this contract, the Government shall have the right either to. reject-them (with or without instructions as to their disposition). or to require their correction. Supplies or lots of supplies which have been rejected or required to be corrected Shall be removed or, if permiited or required by the Contracting Officer, corrected in place by and at the expense of the Contractor prompily 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 tots 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 prot 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 convénience of the Government inspectors | in the pert formance of their duties. If Government. inspection or-test is made at a point other than the premises of the Contractor or a subcontractor, it ‘shall be at the expense of the Government except as otherwise provided in this contract: Provided, That in case of rejection the Government shall not be: liable for any reduction in value of samples used in connection with such inspection of test. All inspections and tests by the Government shall be performed in such a.manner as not to unduly delay the work. The Government reserves the right to charge to the Contractor any additional cost of Government inspection and test when supplies are ‘not ready at the time such inspection and test is requested by the Contractor or when reinspection or retest is necessitated by prior rejection. Acceptance or réjection 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 Appraved by Comm. of Prop. & Pros. 7-14-75 Revised: 3-13-08 (d) The inspection and test by the Government of any supplies or lots thereof does not. relieve the Contractor from any responsibility regarding defects.or other failures to. meet. the contract. requirements which may be discovered prior to acceptance. Except as otherwise provided in. this contract, acceptance shall be conclusive except as regards latent defects, fraud, or such gross mistakes as amount to fraud. (e). The Contractor'shall provide and maintain an inspection system acceptable to. the Government. covering the supplies hereunder..Reécords of all inspection work ‘by the Contractor shall be kept complete and available to the Government during the performance of this contract and for such longer period .as may be specified elsewhere in this contract. 6. RESPONSIBILITY FOR SUPPLIES Except as otherwise provided in the contract, (i) the Contractor shall be responsible for the supplies covered by this contract until they are delivered at the designated delivery point,. regardless. of the point of inspection; (ii) after delivery to the Government at the designated: point and prior to acceptance. by the Government or rejection and giving notice thereof by the Government, the Goverriment shall be-respousible for the loss or destruction of or damage:to.the supplies only if such Ioss, destruction or damagé results from the negligence of officers, agents, or employees of the Government acting within the scope of their employment; and (iii) the Contractor shall bear all risks’ as to rejected supplies after notice of rejection, except that the Government shall be responsible for the loss, or destruction.of, or damage to the: supplies only if such loss, destitiction or damage results: from the gross negligence of officers, agents,. or employees of the: Government acting within the scope of their. employment. 7. PAYMENTS The Contractor shall be. paid, upon the submission of proper invoices or vouchers, the prices stipulated herein ‘for supplies. delivered and accepted or. servicés rendered and accepted, Jess deductions, if any, as herein provided. Unless otherwise specified, payment will be made on partial déliveries- accepted by the Government when the amount. due on such deliveries so warrants; or when requested by the. Contractor, payment for accepted partial deliveries shall be made. whenever such payment would equal or exceed either $1,000 or 50 percent of the total amount of this. contract. 8. ASSIGNMENT OF CLAIMS (a) Pursuant to the provisions of the Assignment, of Claims: Act (5. VIC 1201 et. seq.) if this contract provides for payments aggregating $1,000 or more, claims for moneys due or to’ become due to the Contractor’ from the Government under this contract may be assigned to a bank, trust company, or other financial institution, including any Federal lending agency, and may thereafter be further assigned and reassigned to: any such jastitution. Any such assignment or reassignment shall cover all amounts payable under this contract and not-already. paid, and ‘shall not-bé. made to more. than one. party, except that any such assignmenit or reassignment may be made to one party as.agent or trustee: for two or more parties participating in such financing. Unless otherwise provided in this contract, payments. to an assignee of any moneys due or to become due under this contract shall not; to the extent provided in ‘said Act, as amended, be subject to reduction or set off. 9. ADDITIONAL BOND SECURITY If any surety upon any bond furnished in connection with this contract becomes unacceptable to the Government of if any such surety fails to furnish reports as.to his financial condition from time to time .as requested ‘by the Government, the Contractor shall ‘promptly furnish such additional. security as. may be required from time to time to protect.the interests of the Government and of persons supplying labor or materials in.the prosecution of the work contemplated ‘by this contract. 10. EXAMINATION OF RECORDS (The following clause is applicable if the amount of this contract exceeds $1,000.00 and was entered into by means of negotiation, but is not applicable. if this contract was entered into by means of forma! advertising.) (a) The Contractor agrees that the Government, Comptroller of the U. S: Virgin Islands or any of his duly authorized representatives shall, until the: expiration of three years after final ; payment under this.contract, have-access to and the right to examine: any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this contract. (b) The Contractor further agrees to include: in all his subcontracts hereunder a provision to the effect that ihe subcontractor agrees that the. Goverment Comptroller of the Virgin Islands: or any of his duly authorized’ representatives: shall, until the expiration of three years after final payment ‘under: thie subcontract, have. access to and the right. to examine any directly pertinent books, documents, papers, and records of such subcontractor, involving transactions related to fhe subcontract. The term “subcontract” as used in ‘this: clause excludes (i) purchase orders not exceeding $1,000 and (ii) subcontractors: or purchase. orders ‘for public utility. services. at rates established for uniform applicability to the general public. 11. DEFAULT . ; . . (a) The Government may, subject:to the provisions of paragraph (c)..below, by written notice of default to. the Con- tractor, terminate the whole or any part of this contract. in any one of the following circumstances: (i) if the Contractor fails to make delivery of the sup- plies or to perform the services within the time specified herein or any extension thereof; or (ii). if the Contractor fails to perform any of the other provisions of this contract, or so fails to make progress as to endanger performance of this contract in accordance with. its terms, and in either of these two circumstances does not cure “STANDARD FORM Approved by Comin. of Prop. &- Proc, 7-14-71 Revised: 3-38-08" such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure. (b) In the event the Government terminates this contract in whole or in part.as provided in paragraph (a) of this clause, the Government may procure, upon such terms and in. such maniier as the Contracting Officer may deem: appropriate, sup-plies or services siniilar to those so terminated; and the Con-tractor shall be liablé.16 the Government for any excess costs for such siinilar supplies.or services: Provided, That the Contractor shall continue the performance of this coritract 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 arisés 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 embargoés, 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 subcoritractor, and if such default arises out of causes beyond the contro} 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 failute to perform, unless the supplies or service fees to be furnished by the sub- contractor was-obtainable from other sources in. sufficient time to permit the Contractor to meet the required delivery schedule. (d) If this contract is terminated as provided in paragraph {a) of this clause; the Government, in. addition to. any other rights provided in this clause, may require the Contractor to transfer title and deliver to the Government, in the manner and to the extent directed by the Contracting Officer; (i) any completed supplies, and (ii) such partially completed: supplies and materials, parts, tools, dies, Jigs, fixtures, plans; drawings, information, and contract rights (hereinafter called “manufacturing materials") as the Contractor has specifically produced. or specifically acquired for the performance: of such part of this contract as has been terminated; and the Contractor shall, upon direction . of the Contracting Officer, protect. and preserve property in possession of the Contractor in which the Government has an interest. Payment for completed supplies delivered to and accepted by the Government. shall be at the. contract. price. Payment for manufacturing materials: delivered to and accepted. by the Government and for the protection and preservation. of property shall be in an. amount-agreed upon by the Contractor and Contracting. Officer; failure to agree,to such ‘amount shall be a dispute concerning a question of fact within the meaning of the clause. of this contract entitled "Disputes." The Government may. withhold. from amounts otherwise due the Contractor for sich completed supplies or manufacturing materials such stim. as the Contracting Officer determines to be = Ju necessary to protect the Government against loss because of outstanding liens or claims-of former lien holders. (e) If; after notice. of termiriation of this contract under the provisions of this: clause, it is determined for any reason that the Contractor was not in default under the provisions of this Clause, or that the default was'excusable under the provisions of this clause, the rights and obligations of the parties shall, if the contract contains a clause providing. for termination for convenience. of the Governnient, be-the same as if the notice of termination had been issued pursuant to such clause. If, after notice of termination of this: coritract under the provisions of this clause, it is determined for any reasoti 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 Governinent: provided in this clause shall not-be exclusive and are in addition to any other rights and remedies provided by law or under this contract. 12, DISPUTES: _ (a) Except as otherwise provided in this contract; any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Contracting Officer, who shall reduce his decision to. writing, and mail or otherwise furnish.a copy thereof io. the Contractor. The decision of the Contracting Officer: shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the Contracting Officer'a written appeal addréssed.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 etroneous as. necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under. this: clause, the Contractor shall be afforded an opportunity to be. heard and.to offer evidence in support of his appeal. Pending final decision of a dispute hereunder, the Contractor shall. proceed diligently with the performance of the contract:and in accordance. with the Contracting Officer's decision, (b) This "Disputes" clatise. does not preclude consideration of law questions in connection with, decisions provided for in paragraph (a) above:- Provided, That ‘nothing. in this contract. ‘shall be construed a£ making final the decision of. any administrative official, representative, or board on a question of law. 13. NOTICE. AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT The provisions of this clause shall be applicable-only if the amount of this-contract exceeds $10,000. STANDARD FORM ‘Approved by Comm, of Prop. & Proc, 714-71 Revised: 3-38-08. (a) The Contractor shall report to the Contracting Officer, promptly and-in reasonable written detail, each notice or claim ‘of patent or copyright infringement based on the performance of this contract of which the Contractor has knowledge. (b).In the event of any claim or suit.against the Government on account of any alleged patent or copyright infringement arising: out-of the performance of this contract or. out-of the use of any supplies furnished or work or services performed here- under; the Contractor shall furnish to the. Government when requested by the Contracting Officer, all. evidence and: in- formation in possession of the Contractor pertaining to.such suit or claim. Such evidence and information shalk be furnished at the expense of the Government except wherethe Contractor has agreed to indemnify the Government. 14. BUY AMERICAN ACT (a) In acquiring. end. products, the Buy American. Act (41 U.S. Code I0alld) provides that. the Government give prefererice 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 producis;. Gi) “end products" means those articles, materials, and supplies, which are to be acquired under this. contract for public use; and (iii) "a domestic source end product" means (A) an un- manufactured énd 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) Gi): or Gii) of this clause shall be treated as components mined, produced, or manufactured in the United Statés. (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; ‘Gi) which the Government determines are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality; (iii), as to. Which the Secretary determines the domestic preference to be inconsistent with the public interest; or (iv).as to which the Secretary determines the cost to the Government to be unreasonable. (The foregoing requirements are administered in accordance with Executive Order No. 10582, dated December 17, 1954.) 15. CONVICT LABOR In connection with the performance of work under this contract, the Contractor agrees not to employ any person undergoing sentence of imprisonment at hard labor. 16. OFFICIALS NOT TO BENEFIT No member of the Legislature, or Delegate to the United States. Congress, or official or “employee of the Executive Branch of the Government of the Virgin Islands, ‘shall be admitted.to any sharé 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 agreeinent or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained’ by the Contractor for the ‘purpose of securing. business. For breach or violation of this: warranty the Government shall have. the right to annul this contract without liability. or in its discretion to deduct from the contract price or consideration,. or otherwise recover, the full amount of such: commission, percentage, brokerage, or contingerit fee. STANDARD FORM NO. DPP - TC $4-75 APPROVED 10-2-74 COMMISSIONER 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) Gi (iv) (¥) (vi) stop work under the contract-on the date and to the extent specified in the Notice of Termination;, place no further orders or subcontracts for materials, services or facilities, except as. may be:necessary for completion of such portion of the work under the contract as is not terminated; terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination; assign to the Government, in the manner, at the times, and to the extent: directed by: the. Contracting Officer, all of the-right, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the Government shall have the right, in its discretion, to settle or pay any or-all claims arising out of the termination of:such orders and. subcontracts; settle-all outstanding liabilities and all claims arismg out of such termination of orders and subcontracts, with ihe approval or ratification of the Contracting Officer, to the extent, he may require, which approval or ratification shall be final for all the purposes of this clause; transfer title ad deliver to the Government in the manner, at the times; and to the extent, if any, directed by the Contracting Officer (A) the fabricated or unfabricated parts, work in progress, completed work, supplies, and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the Notice of Termination, and (B) the completed or partially -5- STANDARD FORM NO, DPP — TC-54-75. APPROVED 10-2-74 COMMISSIONER 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: (vill): 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 Commissionet 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. Afier 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 dorie; 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. bythe 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 Contractor and the Commissioner of -6- STANDARD FORM NO. DPP— TC-54-75 APPROVED 10-2-74 | COMMISSIONER 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 io 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 to the Contractor the amounts determined by him as follows, but. without: duplication of any amounts agreed upon in accordance. with paragtaph (d): (i) for completed supplies, materials and. equipment. or services accepted by the Government (or'sold or acquited 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 allocablé 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 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. 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 ii) 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. REPRESENTATION BY BIDDERS PURSUANT TO THE “BUY AMERICAN” ACT (See: Clause 14 of the General Provisions, Standard Form — Approved 7-14-71) If the bidder represents that the articles, materials, and supplies he proposes.to furnish are domestic source end products as: defined in Clause 14 of the General Provisions, he shall check the box:at the end of this paragraph........... Seeeceeeietentsneeseace pee enannee end eatee eee ered If the bidder represents the articles, materials, and supplies he proposes to furnish are NOT domestic source end products as:defined in Clause 14 of thé General Provisions, he shall check the box at the end’of this paragraph...... bevenes cet enh ee eenuaeceneeees neeeeeenenee we eeeeeeeeees ALL BIDDERS MUST CHECK THE BOX AT THE END OF EITHER PARAGRAPH. 1 OR 2 ABOVE A bidder who.checks paragraph 1 above,.but who proposes to furnish domestic source end products containing components of foreign origin, the cost of which exceeds 5% of the bid price, shaft furnish in the spaces below a complete list of components of foreign origin in sufficient detail to clearly identify each — COMPONENTS OF FOREIGN ORIGIN ‘Component Point of Origin The bidder represents that the total cost of the above: components of foreign origin, including applicable duty and transportation costs, constitutes % of the cost of all components to be incorporated in the end products being furnished: The bidder agrees to furnish, for the exclusive use. of the Government, such additional information as the contracting officer may request in order to verify the foregoing ‘in evaluating the bid. The bidder agrees that no components of foreign origin, other than those listed above, will ‘be incorporated in the end products being furnished without written approval of the Contracting Officer. DPP-NCA-52-75. REVISED: 3-18-08 GOVERNMENT OF THE VIRGIN ISLANDS DEPARTMENT OF PROPERTY AND PROCUREMENT NON-COLLUSION AFFIDAVIT 0 wives. being duly sworn, deposes: and says that — (1) He is [owner, partner, officer, represeritative, or agent] Of oo... eee eecdecaecterse ve cassesesavsnsnsseres beste Wirriteeiteccrsaesessserseetenrptarcacsssisssscreisenesarseee the bidder that has submitted that attached bid; (2) He is duly informed respecting the preparation and contents of the:attached bid and of all pertinent circumstances respecting such bid;. (3} Such bid is genuine and is‘not.a collusive or sham: bid ; (4) Neither the said bidder.nox 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 contiection 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............... , day of ........... Notary Public