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Executed letter May 13, 2021 Mr. Franklin Marte Franklin Marte d/b/a Real Tech Exterminating P.O. BOX 73688 Christiansted, VI 00823 RE: S027GVIC21 (RTE) Exterminating Services for Various Departments in the St. Croix District Dear Franklin Marte: Transmitted herewith is the fully executed Supply Contract for the Exterminating Services for Various Departments in the St. Croix District during the period of May 20, 2021, through September 30, 2021. Franklin Marte d/b/a Real Tech Exterminating will perform under this Contract in accordance with Addendum I (Scope of Work), Addendum II (General Provisions), and Addendum III (Termination of Contracts). Franklin Marte d/b/a Real Tech Exterminating fails to comply with the terms of the enclosed Contract, the Government of the Virgin Islands will exercise all rights and remedies available to it in law and equity all documents via email to the Department of Property and Procurement for further processing. If you have any questions, please contact Dynell R. Williams, Deputy Commissioner of Procurement, at 340-773-1561 ext. 5244 or email dynell.williams@dpp.vi.gov. Respectfully, Dynell R. Williams Deputy Commissioner of Procurement DRW/mth Department of Property&Procurement Govemment of the United States Virgin Islands 3274 EsTATE RICHMOND, CHRISTIANSTED, U. S. VIRGIN ISLANDS 00820 8201 Sus Base, 3RD FLOOR, ST. THomas, U.S. VIRGIN ISLANDS 00802 ST. CROIX MAIN OFFICE: 340.773.1561 | ST. THOMAS MAIN OFFICE: 340.774.0828 ST. CROIX FAX: 340.773.0986 | ST. THOMAS FAX: 340.774.9587 HTTP://DPP.VI.GOV May 5, 2021 Mr. Franklin Mare Franklin Marte d/b/a Real Tech Exterminating P.O, BOX 73688 Christiansted, VI 00823 RE: — Supply Contract—S027GVIC21 (RTE) Dear Mr. Marte: Transmitted herewith is a Supply Contract for the Exterminating Services for Various Department in the St. Croix District. Services provided will be made in accordance with the terms and conditions of the contract. We invite your attention to the General Provisions of said contract particularly to Addendum H concerning default. Enclosed herewith for your review and signature is one (1) original Supply Contract. Additionally, please be sure to initial all pages of the Contract. In addition, please provide the following documents to complete your packet: 1. Execute and Initial Supply Contract: Initial all documents in the bottom right hand corner (BLUE INK ONLY). 2. Sign the original contract in the presence of one (1) witness (BLUE INK ONLY). Upon receipt of the requested information. please return all documents via email to the Department of Property and Procurement for further processing. If you have any questions, please contract Dynell R. Williams, Deputy Commissioner of Procurement at 340-773-1561 ext. 5244 or email dynell.williams@dpp.vi.zov. Respectfully, x) AnthonyT¥ Thomas Commissioner 7““ ADT/drw/mth GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES ---- () ---- DEPARTMENT OF PROPERTY AND PROCUREMENT SUPPLY CONTRACT No.S027GVIC21 (RTE) This AGREEMENT, made this 13th day of May 2021 for the Exterminating Services for Various Departments in the St. Croix District by and Ween th yernment of the Virgin Islands, hereinafter called the “GOVERNMENT”, and Franklin Marte d//b/a Real Tech Exterminating. whose address is P.O. Box 7368, Christiansted, St. Croix, USVI 00823 hereinafter called the “C ONTRACTOR”™, WITNESSETH: For, and in consideration of the acceptance of the Contractor’s proposal, under Invitation for Bids No.031GVIC21 (S) opened on March 12, 2021 and the award of this contract to the Contractor, notification hereof having been made to the Contractor on April 30, 2021. and, in further consideration of the covenants and agreements of the Parties herein contained. to be well and truly observed and faithfully kept by them, and each of them. it is mutually agreed between the Parties as follows: SECTION 1. That for and in consideration of the price or prices and agreement in this bid hereto attached and made a part of this Contract. the said Contractor agrees to furnish and deliver all of the services described in the said Invitation for Bids No. 031GVIC21 (S) and the Scope of Work (Addendum 1) at the price or prices stated therein and in strict accordance with the conditions of said accepted proposal. The Advertisement. Invitation for Bids. Scope of Work (Addendum I), Compensation (Addendum II), General Provisions (Addendum III), Termination of Contracts (Addendum IV), Provisions from 2 CFR 200 - Appendix II (Addendum V), any Supplemental Provisions and Specifications and the Purchase Order, including any change thereof, are all part and parcel of this Contract and are by this reference, incorporated in this Contract as fully and effectively as if set forth in detail herein. SECTION 2. The Government, for and in consideration of the full and true performance of the work by the Contractor, agrees to pay the price or prices set forth in the attached Invitation for Bids and the line items as indicated in Addendum I (Scope of Work) and Addendum II (Compensation), in lawful money of the United States. and the payment shall be made at the time and in the manner set forth in the Invitation for Bids. and Addendum II (Compensation). Contract No. S027GVIC21 (RTE) 1 tnitiat_ FY, SECTION 3. This Contract shall commence on May 20, 2021 and shall terminate on September 30, 2021. unless mutually extended or terminated by the parties. The services under this contract shall be for a period of four (4) months with no renewal option. No alterations or variations of the terms of the proposal shall be valid or binding upon the Government unless made in writing and approved by the Government. SECTION 4. This Contract will remain in force for the full period specified and until all services ordered before the date of termination shall be satisfactorily performed and accepted and/or until all te'ms and conditions have been met. unless: (a) terminated prior to expiration by satisfactory delivery against orders of entire quantities contracted for: or (b) extended upon written authorization of the Government and accepted by the Contractor, to permit ordering of unordered balances or additional quantities at contract price or prices and in accordance with the contract terms. SECTION 5. Failure of the Contractor to deliver within the time specified, or within a reasonable time as interpreted by the Government. or failure to make replacement of rejected commodities when so requested. immediately or as directed by the Government, will constitute authority for the Government to purchase in the open market to replace the commodities rejected or not delivered. The Government reserves the right to authorize immediate purchases in the open market against rejections on this contract when necessary. On all such purchases, the Contractor agrees promptly to reimburse the Government for excess costs occasioned by such purchases. Such purchases will be deducted from contract quantities. However, should public necessity demand it, the Government reserves the right to use or consume commodities delivered which are substandard in quality, subject to an adjustment in price to be determined by the Government. SECTION 6. By execution of this contract, the Contractor certifies that it is eligible to receive contracts awarded using federally appropriated funds and that it has not been suspended or debarred from entering into contracts with any federal agency. The Contractor shall include this provision in each of its subcontracts hereunder and shall furnish its subcontractors with the current “LIST OF PARTIES EXCLUDED FROM FEDERAL PROCUREMENT OR NON- PROCUREMENT.” In the event the Contractor or any subcontractor misrepresents its eligibility to receive contract awards using federal funds, the Contractor or subcontractor agrees that it shall not be entitled to payment for any work performed under this contract or any subcontract and that the Contractor or subcontractor shall promptly reimburse the Government of the Virgin Islands for any progress payments heretofore made. SECTION 7. Contractor warrants that it shall not, with respect to this Contract, make or present any claim upon or against the Government of the Virgin Islands, or any officer. department, board, commission, or other agency thereof, knowing such claim to be false, fictitious, or fraudulent. Contractor acknowledges that making such a false, fictitious, or fraudulent claim is an offense under Virgin Islands law. Contract No. S027GVIC21 (RTE) 2 Initial f Wy . SECTION 8. Contractor acknowledges that this Contract is funded, in whole or in part. by federal funds. Contractor warrants that it shall not, with respect to this Contract, make or present any claim knowing such claim to be false, fictitious, or fraudulent. Contractor acknowledges that making such a false, fictitious. or fraudulent claim is a federal offense. SECTION 9. The Contractor shall only perform services in accordance with the schedule outlined in Addendum I (Scope of Work) attached hereto and made a part hereof. SECTION 10. This Contract is subject to the appropriation and availability of funds and to the approval of the Commissioner of the Department of Property and Procurement. SECTION 11. The following insurance coverages are required by Contract and Contractor shall maintain these insurance coverages during the term of this Contract. (a) COMMERCIAL GENERAL LIABILITY: Commercial general _ liability insurance, in a form acceptable to the Government. on a “per occurrence” basis with a minimum limit of not less than one hundred thousand dollars ($100,000.00) for any one person per occurrence for death or personal injury and one hundred thousand dollars ($100,000.00) for any one occurrence for property damage. Insurance policy(ies) shall name the Government of the Virgin Islands as the certificate holder and additional insured via an endorsement. (b) WORKERS’* COMPENSATION: Contractor shall supply current coverage under the Government Insurance Fund or other form of coverage SECTION 12. Either Party may terminate this Contract for cause by providing ten (10) days written notice to the other party specifying the date of termination. The Government may also terminate this Contract for convenience on ten (10) days written notice in accordance with the Provisions of Addendum IV (Termination of Contracts). SECTION 13. A facsimile, electronic or digital signature on this Contract shall be deemed an original and binding upon the Parties hereto. SECTION 14. This Contract shall become effective immediately upon and as of the day of signature by the Commissioner of the Department of Property and Procurement. SECTION 15. NOTICE OF FEDERAL FUNDING. Contractor acknowledges that this Contract may be funded, in whole or in part. by federal funds. Contractor warrants that it shall not, with respect to this Contract, make or present any claim knowing such claim to be false. fictitious, or fraudulent. Contractor acknowledges that making such a false, fictitious, or fraudulent claim is a federal offence. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands on the day and year first above written. Contract No. S0O27GVIC21 (RTE) 3 Initial FP: 4 Witnesses: GOVERNMENT OF THE VIRGIN ISLANDS / Milny D- Cora 5 /13/2021 SOK eMeeeeerersscvoveccve receive \ hes Khe . a) By: Anth@vy D. Thomas Date Commissioner Department of Property and Procurement Witnesses: CONTRACTOR q).Uale,. By Franklin Marte sllzo21 Date Owner Franklin Marte d/b/a Real Tech Exterminating (Corporate seal, if Contractor is a corporation) Contract No. S027GVIC21 (RTE) Initial (7u/ ADDENDUM I SCOPE OF WORK The Contractor shall provide Exterminating Services for Various Departments in the St. Croix District at the locations listed below at the prices quoted in Contractor’s bid in response to IFB No. 031GVIC21 (S), which is attached ‘hereto and incorporated by this reference. Contract No. S027GVIC21 (RTE) 5 Initial uf . UVERNMEN |! UF |HE VIRGIN ISLANDS OF IHE UNITED SIAIES DEPARTMENT OF PROPERTY AND PROCUREMENT P1IBA-SC-24-74 Approved 8-22-73 Comm. of Prop. Proc PROCUREMENT DIVISION _Rev. 3-18-08 INVITATION BID & AWARD CONTRACT NO PAGE NO NO OF ne SUPPLY CONTRACT ORDER NO, 1 ISSUED BY ADDRESS 3274 Estate Richmond Department of Property & Procurement Christiansted, Virgin Islands 00820 NVI AT v Tt NFOR-BIDS. INVITATIONNO _(FB031GVIC21 (S) Sealed bids:(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 reference will be received on or before+6-66-o'cteck-anr Atlantic Standard Time, not later than’ Eridav-Marctr 12-262 and publicly open thereafter for furnishing the supplies or services for delivery f.0.b. ST. CROI VIRGIN ISLANDS. Electronic Submission: ebids_proposals@dpp.vi.gov General information and instructions to Bidders are contained in the terms and conditions on the reverse hereof. DATE ISSUED Fet 24,2024 SCHEDULE —eMNo SUPPLIES OR SERVICES ee unit __ UNIT PRICE aMQUNT A fla | 130.9 so Exterminating Services to Various MTKS AK [560. AA Departments, St. Croix, U.S. Virgin Islands BID : IN COMPLIANCE WITH THE ABOVE THE UNDERSIGNED OFFERS AND AGREES, IF THIS BID BE ACCEPTED WITHIN DAYS (30 calendar days unless a different period is inserted by the Bidder) FROM THE DATE OF OPENING TO FURNISH ANY OR ALL OF THE ITEMS UPON WHICH PRICES ARE QUOTED, AT THE PRICE SET OPPOSITE EACH ITEM, DELIVERED AT THE DESIGNATED POINTS WITHIN THE TIME SPECIFIED IN THE INVITATION. DISCOUNTS WILL BE ALLOWED FOR PROMPT PAYMENT AS FOLLOWS, PERCENT, 20 CALENDAR DAYS; ___ PERCENT, 30 CALENDAR DAYS BIDDER REPRESENTS (Check appropriate boxes) (1) THAT HE IS __, IS NOT__, ASMALL BUSINESS CONCERN. IF BIDDER IS A SMALL BUSINESS CONCERN AND IS NOT THE MANUFACTURER OF THE SUPPLIES BID UPON, HE ALSO REPRESENTS THAT ALL SUPPLIES TO BE FURNISHED HEREUNDER WILL ___, 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 HE IS A REGULAR DEALER IN __, MANUFACTURER OF ___, THE SUPPLIES BID UPON. (3) (A) THAT HE HAS __., HAS NOT __, EMPLOYED OR RETAINED ANY COMPANY OR PERSON (OTHER THAN A FULL-TIME BONA FIDE EMPLOYEE WORKING SOLELY FOR THE BIDDER) TO SOLICIT OR SECURE THIS CONTRACT, AND (8) THAT HE HAS ___, HAS NOT __,, PAID OR AGREED TO PAY ANY COMPANY OR PERSON (OTHER THAN A FULL-TIME BONA FIDE EMPLOYEE WORKING SOLELY FOR THE BIDDER) ANY FEE. PERCENTAGE, COMMISSION, OR BROKERAGE FEE, CONTINGENT UPON OR RESULTING FROM THE AWARD OF THE CONTRACT: AND AGREES TO FURNISH INFORMATION RELATING TO (A) AND (B) ABOVE AS REQUESTED BY THE CONTRACTING OFFICER. (4) HE OPERATES AS AN INDIVIDUAL __. PARTNERSHIP ___, CORPORATION ___, INCORPORATED IN THE TERRITORY OF THE VIRGIN ISLANDS (5) PREFERRED BIDDER: __A BONA FIDE CONTINUOUS RESIDENT OF THE VIRGIN ISLANDS FOR AT LEAST EIGHT (8) YEARS OR ___WAS BORN H AT LEAST FIFTY-ONE PERCENT (51%) OF THE LEGAL OR « IN THE VIRGIN ISLANDS; __A FIRM, PARTNERSHIP, OR CORPORATION IN WHIC EQUITABLE OWNERSHIP IS HELD BY A PERSON OR PERSONS WHO HAVE BEEN IS LICENSED IN AND MAINTAINS HIS OR ITS PRINCIPAL PLAC STORE, WAREHOUSE, OR OTHER PLACE OF BUSINESS IN THE OR REPRESENTATIVE IN THE VIRGIN ISLANDS FOR THE MATERIALS, SUPPLIE DESCRIBED BY THE SPECIFICATIONS AND REQUIRED UNDER THIS CONTRACT. FOR AT LEAST EIGHT (8) YEARS OR ___WHO WERE BORN IN THE VIRGIN ISLANDS; OF BUSINESS IN TH VIRGIN ISLANDS OR BONA FIDE CONTINUOUS RESIDENTS OF THE VIRGIN ISLANDS ___ SAID PERSON, FIRM , PARTNERSHIP, OR CORPORATION VIRGIN ISLANDS AND OWNS, OPERATES, OR MAINTAINS A ___THE DULY AUTHORIZED AGENT, DEALER, DISTRIBUTOR S, ARTICLES, OR EQUIPMENT OF THE GENERAL CHARACTER NAME & ADDRESS OF BIDDER (Street, City, State and Zip Code) nee) 66-06 145 | —- SIGNATURE OR agRgcuceT SA FO SIGN BID —— REAC Tecit EXTERMAWATING ?.0 Box 1368 TYPE_OR P' AWARD. FRankun MARTE DATE OF AWARD RINT SIGNER’S NAME ETTTLE ACCEPTED AS TO ITEMS NUMBERED JAMOUNT T SUBMIT INVOICE FOR PAYMENT TO: GOVERNMENT OF THE VIRGIN ISLANDS Contract No. S027GVIC21 (RTE) tnitiaa_ FY. Anna's Hope #6179 For Site Visit Contact: Lovine Johnson (340)773-5303; (340)643-1010 Scope of Work See Below: A. Number of Floors to be Services: Single Story Building B. Number of Rooms to be Serviced: Twenty-One (21) Two (2) Bathrooms Two (2) Storage Rooms One (1) Kitchen One (1) Conference Room One (1) Family/Play Room One (1) Reception Area Thriteen (13) Offices C. Frequency of Service: Once a month (1st Friday per month, at the end of the work day) D. Additional Notes: All spaces require extermination for rodents, rats, ants, roaches and other flying insects in addition to basic services. Standard Form 86 CONTINUATION SHEET Contract, Order, or Invitation No. Page No. November 1949 Edition (As Applicable) General Services Administration Fed Proc, Reg. (41 OFR) em 107 (Supply Contract) 1 36-104. Rev. 3-18-08 IFB031GVIC21 (S) ITEM NO. SUPPLIES OR SERVICES AMOUNT Agencies to be Serviced: 4 Virgin Islands National Guard, Office of the Adjutant General $75.00 RR1 Box 9201 Kingshill, Virgin Islands 00860-9731 Month! For Site Visit Contact: y Facility Manager 414-21 8-4305 Scope of Work Attached 2 Department of Human Services $55.00 Children & Family Services (CFS) Monthly Name of Bidder: Contract No. S027GVIC21 (RTE) 8 IFB o- a= itial Fug. Standard Form 86 Contract, Order, or Invitation No iseemceingeoe CONTINUATION SHEET aaa Page No. General Services Administration (Su pply Contract) Fed. Proc. Reg. (41 OFR) 1-16.107 1 36-104. Rev. 3-18-08 IFB031GVIC21 (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.I.N.-EMPLOYER'S IDENTIFICATION NUMBER ON PAGE 1 IN THE SECTION WHERE THE COMPANY’S NAME AND ADDRESS IS REQUIRED. PROSPECTIVE BIDDERS WILL BE REQUIRED TO FURNISH THE FOLLOWING DOCUMENTS WITH THEIR SUBMITTAL. FAILURE TO COMPLY WITH ALL THE REQUIREMENTS AS OUTLINED, WILL DISQUALIFY THE BIDDER. A. ORGANIZATION AND PERSONNEL B. LISTING OF PROJECT EXPERIENCE WITHIN THE LAST 2 YEARS. REFERENCES (2 minimum) oO CURRENT VIRGIN ISLANDS BUSINESS LICENSE FOR THE TYPE OF SERVICE BEING REQUESTED E. CURRENT CERTIFICATE OF GOVERNMENT INSURANCE COVERAGE F. CERTIFICATE OF GOOD STANDING G. CORPORATE RESOLUTION EVIDENCING THE DIRECTORS/OFFICERS OF THE COMPANY H. ARTICLES OF INCORPORATION/ ORGANIZATION/ PARTNERSHIP FORMATION, IF APPLICABLE |. TRADE NAME CERTIFICATE “IT SHALL BE THE BIDDERS' RESPONSIBILITY TO DELIVER BID TO THE DESIGNATED LOCATION PRIOR TO THE BID TIME SPECIFIED ON PAGE 1 OF THIS BID.” AWARD WILL BE MADE TO THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER. UNDERBIDDING CAN DEEM YOUR BID NON-RESPONSIBLE.” Name of Bidder: CONTRACT PERIOD: The period of any contract entered into under this Invitation for Bids shall be for a period of one (1) year. Contract No. S027GVIC21 (RTE) 9 iepanit (Fu. (S) esi — oe CONTINUATION SHEET Contract, Order, or Invitation No Page No. VOY KUO (As Applicable) General Services Administration (Supply Contract) Fed. Proc. Reg. (41 OFR) 1-16.107 1 36-104. Rev. 3-18-08 IFB031GVIC21 (S) ITEM NO. | SUPPLIES OR SERVICES AMOUNT OPTION TO RENEW: The service of this contract may be extended for an additional one (7) year period 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 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 & Government must be an additional insured after award. A copy of the Insurance listed herein shall be filed with the Department of Property & Procurement, 3274 Estate Richmond , Christiasted, U. S. Virgin Islands 00820. |he Contractor shall be liable tor loss or damages to property or persons, Nowever, 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 made within the discount period specified by 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, 8201 Subbase, 3rd Floor Subbase, St. Thomas, U. S. Virgin Islands, or 3274 Estate Richmond, Christiansted, St. Croix, U.S. Virgin Islands, notarized, and submitted to the Division of Procurement not later than the date and hour of bid opening as specified on Page 1 of this bid. All bidders not complying with the procedures set forth herein and in accordance with Title 31 V. |. C. § 236 a, will not be considered eligible as Preferred Bidders for this Invitation for Bids. ACCEPTANCE OF CONTRACT TEMPLATE AND OTHER TERMS AND CONDITIONS By submitting a bid in response to this IFB, the bidder agrees to accept the boilerplate terms and conditions of the Government's standard Supply Contract, a copy of which is attached to this IFB, if the bidder is selected for award. Name of Bidder: Pursuant to Act No. 3072, approved July 29, 1971, amending Section 245 of Chapter 23, Title 31 of the Virgin Islands Code, each person who submits a bid in relation to any purchase in excess of $1,000.00, under this Chapter, will disclose the Name and Address of each individual having a beneficial interest of more than five (5%) per a7) in the Contract No. S027GVIC21 (RTE) 10 epduiti! = Standard Form 86 Contract, Order, or Invitation No November 1949 Edition CONTINUATION SHEET (As Applicable) Page No. General Services Administration (Supply Contract) Fed. Proc. Reg. (41 OFR) 1-16.107 1 36-104. Rev. 3-18-08 IFB031GVIC21 (S) ITEM NO. | SUPPLIES OR SERVICES AMOUNT bidding enterprise, and if the bidder is a Corporation, the Names and Addresses of all its Officers and Directors. NAME ADDRESS / PHONE TITLE QUANTITIES: All quantities listed in this Invitation for Bids are estimates only. The Government will purchase items based on its actual needs, which may or may not amount to the total estimated quantities. The successful Contractor shall only fulfil orders in accordance with approved purchase orders issued by the Government. CONDITION PRECEDENT: Any Contract awarded pursuant to this Invitation for Bids shall be subject to the appropriation and availability of funds and to the approval of the Commissioner of the Department of Property and Name of Bidder: Contract No. S0O27GV1IC21 (RTE) 11 iFBontial is) ADDENDUM II COMPENSATION The Government in consideration of the satisfactory performance of the services described in Addendum I (Scope of Work) agrees to make progress payments based on the invoices submitted by the Contractor. The Parties further agree that payments will be made in accordance with the actual work performed. Contract No. S027GVIC21 (RTE) 6 tnitiar_ (ZL STANDARD FORM NO P & P-GP-15-73 APPROVED 3-26-75 COMM OF PROP & PROC REVISED +-1808 ADDENDUM ITI GENERAL PROVISIONS (SUPPLY CONTRACT) 1, DEFINITIONS As Used throughout this contract. the following terms shall have the meaning set forth below: Ihe term “Contracting Olficer? méans the Commissioner of the Department of Property & Procurement: and the term includes. except as otherwise provided in the contract. the authorized representative of the Contracting Officer acting within the limits of his authority. 2. CHANGES The Contracting Officer may at any time. by a written order, and without notice to the sureties, make changes. within the general scope of this contract, in anyone or more of the following: (i) Drawings. designs. or specitications where the supplies to be furnished are to be specially manufactured lor the Government in accordance therewith: (ii) method of shipment or packing: and (iii) place of delivery. If any such change causes an increase or decrease in the cost of or the time required for. the performance of any part of the work under this contract. whether changed or not changed by any such order. an equitable adjustment shall be made in the contract price or delivery schedule. or both, and the contract shall be modified in writing accordingly. Any claim by the contractor for adjustment under this clause must be asserted within 30 days trom the date of receipt by the Contractor of the notification of change: Provided. however, That the Contracting Olficer. if he decides that the facts justify such action. may receive and act upon any such claim asserted at any time prior to final payment under this contract. Where the cost of property made obsolete or excess as a result of a change is included in the Contractor's claim for adjustment. the Contracting Officer shall have the right tw prescribe the manner of disposition of such property. Failure to agree lo 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 lor extras shall be made unless such extras and the price thereat have been authorized in writing by the Contracting Officer. 4. VARIATION IN QUALITY No variation in the quantity of any item called for by this contract will be accepted unless such variation has been caused by conditions of loading. shipping. packing or allowances in manufacturing processes. and then only to the extent. i! any. specily elsewhere in this contract. Contract No. S027GVIC21 (RTE) m §. INSPECTION (a) All supplies (which term throughout this clause includes without limitation raw materials. components. intermediate assemblies. and end products) shall be subject to inspection and test by the Government. to the extent practicable at all times and places including the period of manufacture and in any event prior to acceptance. (b) In case any supplies or lots of supplies are defective in material or workmanship or otherwise not in conformity with the requirements of this contract. the Government shall have the right either to reject them (with or without instructions as to their disposition) or to require their correction. Supplies or lots of supplies which have been rejected or required to be corrected shall be removed or, if permitted or required by the Contracting Olficer. corrected in place by and at the expense of the Contractor promptly alter notice. shall not thereafter be tendered tor acceptance unless the fonner rejection or requirement of correction is disclosed. If the Contractor fails promptly to remove such supplies or lots of supplies which are required to be removed. or promptly to replace or correct such supplies or lots of supplies. the Government either (i) may by contract or otherwise replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby. or (ii) may terminate this contract for default as_pro- vided in the clause of this contract entitled "Default." Unless the Contractor corrects or replaces such supplies within the delivery schedule. the Contracting Officer may require the delivery of such supplies at a reduction in price which is equitable under the circumstances, Failure to agree to such reduction of price shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes." (c) If any change inspection or test is made by the Government on the premises of the Contractor or a subcontractor. the Contractor without additional charge shall provide reasonable facilities and assistance for the safety and convenience of the Government inspectors in the performance of their duties. If Government inspection or test is made at a point other than the premises of the Contractor or a subcontractor. it shall be at the expense of the Government except as otherwise provided in this contract: Provided. Vhat in case of rejection the Government shall not be liable for any reduction in value of samples used in connection with such inspection or test. 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 Initial FY = STANDARD FORM NO P & P-GP-1 5-73 APPROVED 3-26-73 COMM OF PROP & PROC is necessitated by prior rejection. Acceptance or rejection of the supplies shall be made as promptly as practicable aller 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 therelor. (d) The inspection and test by the Government of any supplies or lots thereo! does not relieve the Contractor from any responsibility regarding delects or other failures to meet the contract requirements which may be discovered prior to acceplance. Except as otherwise provided in this contract. acceptance shall be conclusive except as regards latent detects. Iraud, or such gross mistakes as amount to fraud. (e) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the supplies hereunder. Records of all inspection work by the Contractor shall be kept complete and available to the Government during the performance of this contract and for such longer period as may be specified elsewhere in this contract. 6. RESPONSIBILITY FOR SUPPLIES Except as otherwise provided in the contract. (i) the Contractor shall be responsible for the supplies covered by this contract until they are delivered at the designated delivery point. regardless of the point of inspection: (ii) after delivery to the Government at the designated point and prior to acceptance by the Government or rejection and giving notice thereol! by the Government. the Government shall be responsible for the loss or destruction of or damage to the supplies only if such loss. destruction or damage results [rom 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 lo rejected supplies after notice of rejection. except that the Government shall be responsible for the loss. or destruction off 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 Che Contractor shall be paid. upon the submission of proper invoices or vouchers. the prices stipulated herein for supplies delivered and accepted or services rendered and accepted. less deductions. if any. as herein provided. Unless otherwise specified. payment will be made on partial deliveries accepted by the Government when the amount due on such deliveries so warrants: or when requested by the Contractor, payment lor 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. seg.) if this contract provides for payments aggregating $1.000 or more. claims for moneys due or to become due to the Contractor [rom the Government under this Contract No. S0O27GVIC21 (RTE) 13 contract may be assigned to a bank. trust company. or other financial institution. including any Federal lending agency. and ma) thereatier be further assigned and reassigned to any such institution, Any such assignment or reassignment shall cover all amounts payable under this contract and not already paid. and shall not be made to more than one party. except that any such ussignment or reassignment may be made to one party us ugent or trustee for two or more parties participating in such financing. Unless otherwise provided in this contract. payments lo 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 aff, 9. ADDITIONAL BOND SECURITY Ifany 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 lime to protect the interests of the Government and of persons supplying labor or materials in the prosecution of the work contemplated by this contract. 10. EXAMINATION OF RECORDS (The following clause is applicable if the amount of this contract exceeds $1.000.00 and was entered into by means of negotiation, but is not applicable if this contract: was entered into by means of formal advertising.) (a) The Contractor agrees that the Government Comptroller of the U. S. Virgin Islands or any of his duly authorized representatives shall. until the expiration of three years after final payment under this contract. have access to and the right to examine uny directly pertinent books, documents. papers. and records of the Contractor involving transactions related to this contract. (b) The Contractor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the Government Comptroller of the Virgin Islands or any of his duly authorized representatives shall. until the expiration of three years alter final payment under the subcontract. have access to and the right to examine any directly pertinent books. documents. papers. and records of such subcontractor. involving transactions related to the subcontract. The term "subcontract" as used in this clause excludes (i) purchase orders not exceeding $1.000 and (ii) subcontractors or purchase orders for public utility services at rates established lor uniform applicability to the general public. il. 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: Initial FY — STANDARD | ORM NO P & P-GP-1 5.73 APPROVI D 3-26-73 COMM O! PROP & PROC (i) if the Contractor fails to make delivery of the sup- plic Sor to perform the érvice Swithin the time specified herein or any exten fon thereof! or (ii) if the Contractor fails to perform any of the other provi fons of this contract. or so fail Sto make progress as to endanger performance of thi Scontract in accordance with its term Sand in either of the & two circum fances does not cure ch failure within a period of 10 day Yor och longer period as the Contracting Officer may authorize in writing) alter receipt of notice from the Contracting Ollicer pecifying ch failure. (b) In the event the Government terminates this contract in Whole or in part a Sprovided in paragraph (a) of this clause. the Government may procure. upon fch-ternis and in such manner a Mhe Contracting Ollicer may deem appropriate. sup-plies or service. ‘similar to tho @ 6 terminated. and the Con-tractor shall be liable to the Government for any excess co & for such similar applies or. ervices: Provided. Vhat the Contractor hall continue the performance of thi contract to the extent not terminated under the provi fon Sorthi vlau e. (c) Except with respect to default Sof subcontractor > the Contractor Rall not be liable for any exce § co fs if the failure lo perform the contract arises out of cau és beyond the control and without the fault or negligence of the Contractor. . Xch cuu @s may include. but are not re tricted to. acts of God or of the public enemy. act ‘of the Government in either its sovereign or contractural capacity. fires. Noods. epidemic > quarantine re frictions. trikes. freight embargoes. und unu gully severe Weather: but in every ca @ the failure to perform mu ? be beyond the control and without fault or negligence of the Contractor. Ifthe failure to perform is cau ed by the default ofa subcontractor, and if fich default ari & Sout of causes beyond the control of both the Contractor and fbcontractor. and with- out the fault or negligence of either of them, the Contractor hall not be liable for any exce SScost Sfor failure to perform. unless the supplies or @rvice fees to be fumished by the sub- contractor wa. obtainable from other source Sin’ Allicient time to permit the Contractor to meet the required delivery schedule. (d) If this contract is terminated us provided in paragraph (a) of this clau & the Government. in addition to any other right Sprovided 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 fpplies. and (ii) fich partially completed supplies and materials. parts. tool > die > jigs. fixtures. plans. druwings. information, and contracts right.S (hereinafter — called "manulacturing materials") a ‘the Contractor ha > pecilicully produced or pecifically acquired for the performance of such part of this contract a. Shas been terminated: and the Contractor hall. upon direction of the Contracting Officer. protect and pre @rve property in pos. éssion of the Contractor in which the Goverment ha San interest. Payment for completed supplies delivered to and accepted by the Government shull be at the contract price. Payment for manufacturing materials delivered to and accepted by the Government and for the protection and pre ervation of property hall be in an amount agreed upon by the Contractor and Contracting Ollicer: failure to agree to such Contract No. S027GVIC21 (RTE) 14 amount shall be a dispute concerning a que fon of fact within the meaning of the clau @ of thi Scontract entitled "Disputes." Ihe Government may withhold trom amounts otherwi @ due the Contractor for such completed applies or manufacturing materials such sum us the Contracting Officer determines to be necessary to protect the Government again ? loss because of outstanding lien. Sor claim ‘Sof former lien holders. (e) IL alter notice of termination of thi Scontract under the provi bons of this clau & it is determined for any rea 6n that the Contractor was not in default: under the provi fons of thi. clause. or that the default was excu able under the provision ‘of this clau @. the rights and obligations of the’ partie Shall. if the contract. contains a clause providing lor termination — for convenience of the Government. be the same a Sf the notice of termination had been i Sued pursuant to fch clau @. If after notice of termination of this contract under the previ fons of this clause. it is determined for any reason that the Contractor was not in default under the provisions of this clau &. 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." (1) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. 12. DISP TELS (a) Except as otherwise provided in thi contract. any dispute conceming # question of fact arising under thi ‘vontract Which is not disposed of by agreement shall be decided by the Contracting Officer. who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Contractor. Ihe decision of the Contracting Officer chall be final and conclusive unle & within 30 day Strom the date of receipt of such copy. the Contractor mails or otherwi & fumi he Sto the Contracting Officer a written appeal addre. 8d to the Attomey General. The decision of the Attorney General or his duly authorized representative shall he final and conclu fe unle § determined by a court of competent jurisdiction to have been fraudulent. or capricious. or arbitrary. or so gros by erroneous a $ necessarily to imply bad faith. or not supported by abstantial evidence. In connection with any appeal proceeding under thi $ 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 "Dispute § clause doe ‘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 af making final the decision of any administrative official. representative. or board on a que fon of law. initia FY, — STANDARD FORM NO P & P-GP-1 4-73 APPROVED 3-26-73 COMM OF PROP & PROT 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. (a) The Contractor shall report to the Contracting Officer. promptly and in reasonable written detail. each notice or claim of patent or copyright intringement 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 intringement 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 fumished at the expense of the Government except where the Contractor hus agreed to indemnily the Government. 14. BUY AMERICAN ACT (a) In acquiring end products. the Buy American Act (41 U.S. Code 10a d) 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: (i) "end products" means those articles. materials. and supplies. which are to be acquired under this contract for public use: and (iii) "a domestic source end product" means (A) an un- manufactured end product which has been mined or produced in the United States and (B) an end product manufactured in the United States if the cost of the components thereof! which are mined. produced, or manufactured in the United States exceeds 450 percent of the cost of all its components. For the purposes of this (a) (ii) (B). components of foreign origin of the same type or kind as the products referred to in (b) (ii) or (iii) of this clause shall be treated as components mined. produced. or manufactured in the United States. (b) The Contractor agrees that there will be delivered under this contract only domestic source end products. except end products: Contract No. S027GVIC21 (RTE) 15 (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 an reasonably available commercial quantities and of a satisfuctor quality: (iii) us to which the Secretary determines the domesti prelerence to be inconsistent with the public interest: or (iv) as to which the Secretary determines the cost to th Govemument to be unreasonable. (Ihe + foregoing requirements are administered ii accordance with Executive Order No. 10582. dated Decembe 17. 1954.) 15. CONVICT LABOR In connection with the perfomance of work under thi contract. the Contractor agrees not to employ any perso undergoing sentence ofi mprisonment at hard labor. 16. OFFICIALS NOT TO BENEFIT No member of the Legislature. or Delegate to the Unite States Congress. or official or employee of the Executiv Branch of the Government of the Virgin Islands. shall b admitted to any share or part of this contract. or to any benef) that may arise therefrom. but this provision shall not b construed to extend to this contract if made with a corporatio for its general benelit. 17. COVENANT AGAINST CONTIGENT FEES Vhe Contractor warrants that no person or selling agency hi been employed or retained to solicit or secure this contract upo an agreement or understanding for a commission, percentage brokerage. or contingent fee. excepting bona lide employees ¢ bona fide established commercial or selling agencies maintaine by the Contractor for the purpose of securing business. Fe breach or violation of this warranty the Government sha have the right to annul this contract without liability or in it discretion to deduct from the contract price ¢ consideration. or otherwise recover. the full amount of suc commission. percentage. brokerage. or contingent fee. tnitias TY, STANDARD FORM NO. DPP - TC-54-75 APPROVED 10-2-74 COMME . f(ONEER OF DPP REVSIED 3-18-08 (a) (b) ADDENDUM IV TERMINATION OF CONTRACTS CONVENIENCE OF THE GOVERNMENT go. 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 otice of Termination specifying the extent to which performance by delivery to the Contractor of a_ otice of Termination specifying the extent to which performance of work under the contract is terminated. and the date upon which such termination becomes effective. After receipt of a otice of Termination. and except as otherwise directed by the Contracting Officer. the Contractor shall: (i) stop work under the contract on the date and to the extent specified in the otice of Termination: (ii) 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: (iii) | terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the _ otice of Termination: (iv) 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: (v) 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: (vi) 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. \ ork in progress. completed work. supplies. and other material produced as a part of. or acquired in connection with the Contract No. S0O27GVIC21 (RTE) 16 Initial RY. STANDARD FORM NO. DPP — 10-54-75 APPROVED 10-2-74 COMMISSIONEER OF DPP REVSIED 3-18-08 performance of. the work terminated by the Notice of Termination. and (B) the completed or partially 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 crédit 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. (c) 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. (d) 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 stich 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 Contract No. S027GVIC21 (RTE) 17 Initial” PY, STANDARD FORM NO. DPP - TC-54-75 APPROVED 10-2-74 COMMELSIONEER OF DPP REV SED 3-18-08 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 Property and Procurement to agree upon the whole amount to be paid to the Contractor by reason of the termination of work pursuant to this clause. shall be deemed to limit. restrict or otherwise determine or affect the amount or amounts which may be agreed to be paid to the Contractor pursuant to this paragraph (d): (i) (ii) (iil) Contract No. S027GVIC21 (RTE) for completed supplies. materials and equipment or services accepted by the Government (or sold or acquired as provided in paragraph (b) (vii) above) and not theretofore paid for. a sum equivalent to the aggregate price for such supplies or services computed in accordance with the price or prices specified in the contract. appropriately adjusted for any saving for freight or other charges: the total of — (A) the costs incurred in the performance of the work terminated. including initial 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: (B) 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 (C) 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 subdi vision (C) and an appropriate adjustment shall be made reducing the amount of the settlement to reflect the indicated rate of loss: and 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. " Initial I u/ ~ 1. PREPARATION OF BIDS: (a) Bidders are expected to examine the drawings, specifications, invitations, and allinstructions. Failure to do so will be at the bidder's risk. (b) Bids must be inink 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 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 allofthe general partners if the bidder is aproprietor, 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 willretain allsuch proofon file for acceptance of future bids, ifrequested todoso (d) The bidder must sign his proposal correctly and in ink. If the proposal is offered by an individual or partnership, his name, office and post office addresses must be shown. If offered by a Corporation. the person signing the proposal must give his name, title, and business address. Anyone signing a proposal as agent must filelegal evidence of his authority to do so, and that the signature is binding upon the firm or corporation. (e) Alternate bids will notbe considered unless authorized by the invitation. Alternate bids are those offered whichdo not meet the specification and are not considered approved equal to the item specified (1) When not otherwise specified, the bidder must state adefinite time of proposed delivery. (g) Time. ifstatedasa number of days will indude 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 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 beconsidered for award, a bid must comply in all material respects with the invitation forbids so that, bothas tothe method and timeliness of submission and as to the substance of any resulting contract, all bidders may stand on an equal footing and the integrity of the formal advertising system may be maintained. Contract No. S027GVIC21 (RTE) ADDENDUM V TERMS AND CONDITIONS O! (SUPPLY CONTRAC IS) (b) Sample of items, when required. must be submitted within the time specified. and unless otherwise specified by the Government /f not destroyed by testing samples will be returned at oidders request and expense unless otherwise specified by the Invitation. (c) Inthe eventnobidis tobe submitted. Bidders are advised not toreturn the Invitaton 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. Failure to so advise the Issuing Office may be interpreted against the bidder K § WITHDRAWAL OF BIDS: Bids may be withdrawn only by written notice provided that such notice is received pnor to the time setfor opening of the bid 4. LATEBIDS (a) Bids received at the Office of the Contracting Officer after the precise time setin the Invitation for Bids are late bids. (b) A late bid shall be considered for award only if it is received before award, andeither; (i) It was sent by mail including registered or certified for which an official dated post office stamp (Postmark) on the envelope has been obtained, and it is determined that the lateness was due solely to a delay in the mails for which the bidder was not responsible, or (ii) If submitted by mail it was received at the Office of the Contracting Officer in sufficient time to 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 ofan appropriate time stamp ora written statement from an officialofthe U S Postal Service (c) Hand-Carried Bids: Alate hand-carned bid, or any other late bid not submitted by mail (d) Registered Mail: The time of mailing of alate bid, mailed by registered mail. may be determined by the date of the postmark on the registered mail receipt or registered mail wrapper The time of mailing shall be deemedtobethelastminute of thedateshown in such postmark unless the bidder furnishes evidence from the post office station of mailing which establishes an earlier time. If the postmark does not show a date, the bid shall be deemed to have been mailed too late unless the bidder furnishes evidence from the post office of mailing which establishes timely mailing. (e) Certified Mail: The time of mailing alate bid, mailed by Certified Mail for which a postmarked Receipt for CertifiedMailwas obtained. shall be deemed to be the last minute of the date shown on the postmark on such receiptwhere (i) the Receipt for Certified Mail identifies the post office station of mailing and the bidder furnishes evidence from such station that the business day of that station endedatan earlier time, inwhich case the time of mailing shall be deemed to be last minute of the business day of that Station; or (ii) an entry inink on 19 THE INVITATION FOR BIDS the Receipt of Certified Mail. showing the time of mailing and the initials of the postal employee receiving the item and making the entry, is appropriately verified in writing by the post office station of mailing in which case the time of mailing shall be the time shown in the entry. Ifthe postmark does not show a date, the bid shall be deemed to have been mailed too late. (1) Metered Mail: Bids or modifications thereof transmitted in a metered envelope received after the time set for opening will be deemed tohave been mailed onthelast minute of the 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. 6. IDENTIFICATION OF OFFER: Bidders shall show brand name, catalognumber, model and so forth as applicable on bid form covering the product they are bidding on and propose to furnish. If not shown, it will be considered and understood tobe that the make and model, shownin the 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 Bidsoffering 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 snipment 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 whose bid, conforming to the Invitation for Bids, offers the most advantageous service to the Government, quality Offered. delivery terms and service reputation taken into consideration, (b) The Government may award items separately or by grouping items in total lots (c) Bidder acknowledges that all quantities listed on the bid sheet or any awarded contract are estates and the Government will only purchase items based on Its actual needs which may or may not amount to the total estimated quantities 8. REJECTION OF BIDS: The Government may. after opening but prior to award and within the time specified for acceptance, reject any orall bids, or the bid for any one or more commodities or contracted services included inthe proposed contact, when the public interest will be served thereby. 9. PRICES. (a) All prices bid shall be firm and not subjecttoincrease ifaccepted during theacceptance period Bidscontaining 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 bestated The unitprice shall always contro! (c) All prices shall be F O B. (Free On Board) destination. The seller hereunder must at his own expense and risk, transport the goods to the named place and there. tenderdelivery tnition_ VY. _ ADDENDUM VI Provisions from 2 CFR 200 - Appendix II |. EQUAL EMPLOYMENT OPPORTU ITY During the performance of this contract. the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race. color, religion. sex. or national origin. The Contractor will take affirmative action to ensure that applicants are employed. and that during employment. employees are treated without regard to their race. color. religion. sex. or national origin. uch action shall include. but not be limited to the following: Employment. upgrading. demotion. or transfer: recruitment or recruitment advertising: layoff or termination: rates of pay or other forms of compensation: and selection for training. including apprenticeship. The contractor agrees to post in conspicuous places. available to employees and applicants for employment. notice to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will. in all solicitations or ad ertisements for employees placed by or on behalf of the Contractor. state that all qualified applicants will receive considerations for employment without regard to race. color. religion. sex. or national origin. (3) The Contractor will send to each labor union or representative of workers with \ hich he has a collecti e bargaining agreement or other contract or understanding. a notice to be pro ided advising the said labor union or workers’ representatives of the contractor's commitments under this section. and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all pro isions of Executi e Order 11246 of eptember 24. 1965. and of the rules. regulations. and relevant orders of the ecretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order | 1246 of September 24. 1965. and by rules. regulations. and orders of the ecretary of Labor. or pursuant thereto. and will permit access to his books. records. and accounts by the administering agency and the ecretary of Labor for purposes of investigation to ascertain compliance with such rules. regulations. and orders. (6) In the e ent of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules. regulations. or orders. this contract may be canceled. terminated. or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of eptember 24. 1965. and such other sanctions as may be imposed and remedies in\ oked as provided in Executive Order 11246 of eptember 24. 1965. or by rule. regulation. or order of the ecretary of Labor. or as otherwise provided by law. (7) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the pro isions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules. regulations. or orders of the Secretary of Labor issued pursuant to section 204 Contract No. S027GVIC21 (RTE) 20 Initial FY. of Executive Order 11246 of September 24. 1965. so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions. including sanctions for noncompliance: Provided. hov e er. that in the event a contractor becomes involved in. or is threatened with. litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. i) COMPLIANCE WITH THE CO TRACT WORK HOURS A D SAFETY STANDARDS ACT (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation: liability for unpaid wages: liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition. such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory. to such District or to such territory). for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic. including watchmen and guards. employed in violation of the clause set forth in paragraph (1) of this section. in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required b_ the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The Department of Labor shall upon its OWN action or upon written request of an authorized representati e of the Department of Labor withhold or cause to be withheld. from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor. or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act. \ hich is held by the same prime contractor. such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lov er tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. Contract No. S0O27GVIC21 (RTE) 21 Initial \ iy - 3. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTIO NCONTROL ACT Clean Air Act. (1) The contractor agrees to comply with all applicable standards. orders or regulations issued pursuant to the Clean Air Act. as amended. 42 U.S.C. § 7401 e7 sey. (2) The contractor agrees to report each Volation to the Department of Planning and Natural Resources (DP NX) understands and agrees that the DPNR will. in turn. report each violation as required to assure notification to the Government. Federal Emergency Management Agency. and the appropriate Environmental Protection Agency Regional Office. Co (3) The contractor agrees to include these requirements in each subcontract exceeding $150.000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control! Act. (1) The contractor agrees to comply with all applicable standards. orders or regulations issued pursuant to the Federal Water Pollution Control Act. as amended. 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the DP NR and understands and agrees that the DPNR will. in turn. report each Violation as required to assure notification to the Government. Federal Emergency Management Agency. and the appropriate En Vronmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $150.000 financed in whole or in part with Federal assistance provided by the Federal Emergency Management Agency. 4. SUSPENSION A ND DEBARME NT (1) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the contractor. its principals (defined at 2 C.F.R. § 180.995). or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The Contractor must comply with 2 C.F.R. pt. 180. subpart C and 2 C.F.R. pt. 3000. subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the Government. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180. subpart C and 2 C.F.R. pt. 3000. subpart C. in addition to remedies available to the Government. the Federal Government may pursue available remedies. including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180. subpart C and 2 C.F.R. pt. 3000. subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Ss Contract No. S027GVIC21 (RTE) 22 Initial— f aa = 5. BYRDA TI-LOBBYING Contractors who apply or bid for an award of $100.000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency. a member of Congress. officer or employee of Congress. or an employee of a member of Congress in connection with obtaining any Federal contract. grant. or any other award covered by 31 U. .C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal aw ard. uch disclosures are forwarded from tier to tier up tq the Government. , 6. PROCUREMENT OF RECOVERED MATERIAL (1) In the performance of this contract. the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule: (ii) Meeting contract performance requirements: or (iii) At a reasonable price. (2) Information about this requirement. along with the list of EPA-desiynate items. is available at EPA's Comprehensive Procurement Guidelines web Site. https: Www .epa.vzor smm comprehensiy e-procurement-vuideline-cpy-proviam, 7. ACCESS TO RECORDS The following access to records requirements appl) to this contract: (1) The Contractor agrees to provide the Go ernment. the Federal Emergency Management Agency Administrator. the Comptroller General of the United States. or any of their authorized representatives access to any books. documents. papers. and records of the Contractor which are directly pertinent to this contract for the purposes of making audits. examinations. excerpts. and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means Whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the Federal Emergency Management Agency Administrator or his/her authorized representatives access to construction or other work sites pertaining to the work being completed under the contract Contract No. S027GVIC21 (RTE) 23 initian FY, . 8. INDEMNIFICATION Contractor agrees to indemnify. defend and hold harmless Government from and against any and all loss. damage. liability. claims. demands. detriments. costs. charges and expenses (including attorney's fees) and causes of action of whatsoever character which Government may incur, sustain or be subjected to. arising out of or in any way connected to the services to be performed by Contractor under this Contract and arising from any cause. except the sole negligence of Government. 9. RIGHT TO WITHHOLD If work under this contract is not performed in accordance with the terms hereof. Government Will have the right to withhold out of any payment due to contractor. such sums as Government may deem ample to protect it against loss or to assure payment of claims arising therefrom. and, at its option. Government may apply such sums in such manner as Government may deem proper to secure itself or to satisfy such claims. Government will immediately notify the contractor in writing in the event that it elects to exercise its right to withhold. No such withholding or application shall be made by Government if and while contractor gives satisfactory assurance to Government that such claims will be paid by contractor or its insurance carrier. if applicable in the event that such contest is not successful. Contract No. S027GVIC21 (RTE) 24 initia FU. ; Certification for Contracts, Grants. Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned certifies. to the best of his or her knowledge. that: |. © Federal appropriated funds have been paid or \ ill be paid, by or on behalf of the undersigned. to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress. an officer or employee of Congress. or an employee of a Member of Congress in connection with the awarding of any Federal contract. the making of any Federal grant. the making of any Federal loan. the entering into of any cooperative agreement. and the extension. continuation. renewal. amendment. or modification of any Federal contract. grant. loan. or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency. a Member of Congress. an officer or employee of Congress. or an employee of a Member of Congress in connection with this Federal contract. grant. loan. or cooperative agreement. the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying.” in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts. sub grants. and contracts under grants. loans. and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered. Submission of this certification is a prerequisite for making or entering this transaction imposed by 31. U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100.000 for each such failure. The Contractor. . certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure. if any. In addition. the Contractor understands and agrees that the provisions of 3! .$.C. § 3801 e/ seq.. apply to this certification and disclosure. if any. —_— D Signature of Contractor's Authorized Official Name and Title of C ontractor’s Authorized. Official Alzalzo2, Date Contract No. S027GVIC21 (RTE) 25 initia p>.