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GOVERNMENT: OF THE VIRGIN ISLANDS ‘OF THE UNITED STATES homoved 822-73 DEPARTMENT OF PROPERTY AND PROCUREMENT ‘Comm. of Prop. Pro PROCUREMENT DIVISION Rev, 3-18-08 INVITATION BID & AWARD SUPPLY CONTRACT ORDER NO. ISSUEO BY ADDRESS. Department of Property’& Procurement 3274 Estate Richmond, Christiansted INVITATION FOR BIDS DATE ISSUED January 18 2019: prmaton NO- IFBO14VINGC19(S) Sealed bids in quintistlicate (6 Sets), subject to (1) the Terms.and Conditions of the Invitation for Bids; (2) General Provisions which-are incorporated herein by reference; and (3)-such other contract provisions and specifications as are attached of ‘incorporated by reference will-be received at the above. office-untii 10:300'clock AM, Atlantic Standard Time, not later than (date) February 5, 2019,and at thattime publicly opened, for furnishing the supplies or services. for delivery f.o.b: ST..CROIX, VI General information and instructions to Bidders are contained in the terms and conditions on the reverse hereof. I IEEE el | a a TT eather tatters SCHEDULE ITEM NO. ‘SUPPLIES OR SERVICES: p QUANTHTY “UNIT UNIT PRICE “AMOUNT Trash Management Services for the St. Croix Military Facilities. BiB ——» = [paTE OF BID IN COMPLIANCE WiTH THE ABOVE THE UNDERSIGNED OFFERS AND AGREES, IF THIS BID BE ACCEPTED WITHIN DAYS (30 calendar days unless a.différent petiod 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 EAGH (TEM, 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 RE IS , 1S NOT__, A SMALE 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, ITSP 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 AK ANY COMPANY OR PERSON (OTHER THAN.A FULL- TIME BONA FIDE EMPLOYEE WORKING SI SOLELY FOR THE BIDDER) TO-SOLICIT OR SECURE THIS CONTRACT; AND {B} THAT HE HAS. HAS NOT __, PAID OR AGREED TO PAY ANY COMPANY OR PERSON’ {QTHER’ 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 GONTRACT: AND. AGREES TO FURNISH. INFORMATION RELATING TO tA) AND {B} ABOVE AS REQUESTED BY THE CONTRACTING. OFFICER; (4) HE OPERATES AS AN INDIVIDUAL , PARTNERSHIP ___ . CORPORATION __ . INCORPORATED. IN THE TERRITORY OF THE VIRGIN ISLANDS (5) PREFERRED BIDDER; __A BONA FID FIDE CONTINUOUS 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 WHICH AT LEAST FIFTY-ONE PERCENT (81%). OF THE LEGAL OR EQUITABLE: OWNERSHIP iS HELD BY A PERSON: OR PERSONS WHO HAVE BEEN BONA FIDE CONTINUOUS. RESIDENTS. OF THE VIRGIN ISLANDS FOR.AT LEAST EIGHT (8) YEARS OR ___WHO WERE BORN IN THE VIRGIN ISLANDS; ___SAID PERSON, FIRM , PARTNERSHIP, OR CORPORATION iS LICENSED iN AND MAINTAINS HIS OR ITS PRINCIPAL PLACE OF-BUSINESS IN THE VIRGIN ISLANDS AND OWNS, OPERATES. OR MAINTAINS A STORE, WAREHOUSE, OR OTHER PLACE OF BUSINESS IN THE VIRGIN ISLANDS .OR __THE DULY AUTHORIZED: AGENT, DEALER, DISTRIBUTOR OR REPRESENTATIVE IN THE VIRGIN ISLANDS FOR THE MATERIALS, SUPPLIES, ,ARTICLES, OR EQUIPMENT OF THE: ‘GENERAL CHARACTER DESCRIBED BY THE SPECIFICATIONS. AND REQUIRED: UNDER THIS CONTRACT. ‘NAME & ADDRESS OF BIDDER (Street, City, State and Zip Code) SIGNATURE OF PERSON AUTHORIZED. TO SIGN BID” {Type or Print) ele TYPE OR PRINT SIGNER'S NAME & TITLE AWARD DATE OF AWARD ACCEPTED AS TO NEMS NUMBERED. AMOUNT GOVERNMENT OF THE VIRGIN ISLANDS SUBMIT INVO|CE FOR PAYMENT TO; Government of the United States Virgin Islands BY St. Croix, U.S.V.E Contracting Officer TERMS AND CONDITIONS OF THE INVITATION FOR BIDS 4, PREPARATION OF BIDS: expected to examine the drawings, - specifications,. invitations, and all instructions. Failure to do’ so will be atthe bidder's risk. (b) Bids: must: be in ink or printed on’ the bid forms fumished herewith. Bids. submitted in pencil will be rejected. Bids containing alterations or erasures will be rejected, unless the alteration or erasure is: crossed out. and correction thereof printed in ink of typewritten adjacent thereto- and initialed by. the person signing ihe bid. in addition, @ statement.must be fumished with the bid, signed by the bidder explaining the correction of the alteration or erasure. parinership, a letter. of authorization shall be. furnished and signed by all ‘of the gengral-pariners, if the bidder is a proprietor, and the-person:signing the: bid is. other than the owner, a letter of authorization signed by fhe owner ‘shall be furnished: The Contracting Officer wilf retain all-such préof on-file for acceptance of future bids, if requested to do'so. (d) The bidder ‘rust 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 file legal evidence of his authority to de so, and that the signature is binding upon the firm or corporation. {e) Alternate bids will not be considered unless authorized by the invitation. Altemate bids are: those offered- which do fot meet the specification and are not considered approved equal to fhe 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 arid ‘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 fhe 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 bé considered for award, a bid must comply in all material respects with the invitation for bids so that, both as tothe method and timeliness ‘of submission; and as.to the. substance. of any resulting contract, ali bidders may Stand onan equal footing and ‘the integrity of the formal advertising system may be maintained. (b) Telegraphic: bids. shall not be ‘considered unless permitted by the Invitation for Bids. Where telegraphic bids are authorized; a. telegraphic bid received by telephone. from ‘the receiving telegraph office not iafer 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 thé basis for the telephone call. ‘(c} Bids. may be modified by telegraphic notice provided ‘such notice is received prior to the time set for ihe opening-of the bids; (d) (a) Bidders are. ~ (ce) If the ‘bidder is a. (SUPPLY CONTRACTS). Sample of items, when required, must be submitted within the time specified, and unless otherwise specified by the Government, If not destroyed ‘by’ testing, samples will be returned at-bidders’ request and expense unless otherwise specified by the Invitation; (@) In. the event no bid is.to be submilted, Bidders are advised not to 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 - cavefed by the Invitation is desired. Failure 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 suich:notice is téceived prior to the time: set for opening of the bid. 4. LATE BIDS* (a) Bids: received at-the Office. of the Contracting Officer: after the-precise time sét in the: Invitation for Bids. are. late bids, {b) A late bid shail be considered for award only if itis, received before award; and either; (i) It' ‘was sent by mail including registered or certifi ed for which: an: official datéd post: office stamp ‘(Posimark} on the envelope has-been obtained, or by télegraph if. authorized; and it is determined that the lateness was due solely to a delay 4 in the mails or to-a delay by the. telegraph company for Whicli the bidder was not responsible; or (i) if submitted by. mail- or by telegram where authorized-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 ‘Contractirig Officer is that which can be established upon: examination of:an appropriate time stamp.or-4 ‘written Statement from an official of the U. S. Postal ‘Service. (c) Hand-Carried Bids: A late hand-carried bid, or any other late bid not submitted by mail or telegram, shall pot be considered for aivard. {d) Registered Mail: The time of'mailing of a tate-bid, ‘mailed by registered mail, may bé:determinéd by the date of the postmark on the registered mail receipt or - tegistered mail wrapper:. The time-of mailing shall be ‘deemed. to be. the last minute. of the date’ shown’in -Such postmark unless the bidder furnishes evidence from the post: office station of mailing which establisties an eailier time. If the postinark 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-a (ate bid; mailed -by Certified Mail for which a postmarked Receipt for Certified Mail was obtained, ‘shall be ‘deemed to be the last minute of the’ date shown.on the postmark.on such receipt: where: (i) ‘the Receipt for Certified Mail identifies the post office station of mailing and the bidder furnishes evidence from-such station that the business day cf that-station ended at an-earier time, in which case the time of mailing shall be deemed to ‘be last minute of the business day of that station’: or (ii) an-entry if ink on the. Receipt. of’ Certified Mail, showing the time. .of mailing and ‘the Initials of the postal eniployee- receiving. the item and making the entry, is- appropriately verified in writiig by the post office Station of mailing in. which case the time of mailing shall be the time shown in the entry, If 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 tetered envelope received after the: time. set for opening will be deemed fo-have been mailed:on the last 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. 5. IDENTIFICATION OF OFFER: Bidders shall show brand name, ‘catalog’ number, mode] and so forth as. applicable. on bid form covering the product they are bidding on and propose: to furnish. If fot 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 fora period. of less: than 20 days wil! not be considered in making award. Bids offering discounts for payment within. periods in excess: of twenty (20) days will be evaluated for the purpose’ of award.- (b} In. connection. with discounts :offered; time: will be completed: from date of acceptance of the supplies by the Government. Provided, hoiwever, that -the Government is not unreasonably nor unduly negligent in accepting shipment. 7. AWARD OF CONTRACT: {a) Unless all bids are rejected, award. will be made by written notice, within the time specified for acceptance, ‘to that responsible bidder 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 lois. (c) The Goverment may, during. the term of any contract’ entered into; increase ‘or decrease ‘the quantities but no ‘such increase or decrease will exceed tweity-five (25%) per cent of the quantity bid upon. 8: REJECTION OF BIDS: The Government may, after opening but prior to.award and within the lime:specified for aécéptance, reject any or all bids, or the ‘bid for any one or more: commodities -or contracted services included in-the proposed: contact; when the public. interest will be-served:- thereby. 9. PRICES: (a) All prices bid shall be firm ‘and°not subject to increase if accepted during the acceptance period. Bids containing. an “escalation clause" willnot be considered unless specifically authorized by the Government in the Invitation for Bids. (b} For each item bid,.a-unit price and:a total for the quantity must be stated. The.unit price shail always.control. {c) All prices shall be F.0.B. (Free On Board) destination; The seller heféunder must at his own expense and risk, transport.the. goods to the named place and there tender delivery. See Continuation Sheet Standard Form 86 CONTINUATION SHEET Contract, Order, or Invitation No. Page No. November 1949 Edition {As Applicable} — Gengrat Services Administration (Supply Contract): Fed. Proc. Reg, (41: OFR) 1-16, 107 : . 36-104. Rev.3-18.08 = IFBOT4VINGC19 (S) ITEM NO, SUPPLIES OR SERVICES AMOUNT Virgin Islands National Guard Kingshill, Virgin Islands 00850-9731 Trash Management Services at the Virgin Islands National Guards Scope of Work Name of Bidder: IFBO13VINGC19 (S) Standard Form 86 - ‘CONTINUATION SHEET Contract, Order, or Invitation No. Page No. November 1949 Edition : . ue (As Applicable) . u : Fed, Proc. Reg. {41 OFR} 1-16,107, : oO 36-104. Rav: 3-18-08 IFBO4VINGC19 (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 £.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:: 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 Forn’88 CONTINUATION SHEET Contract, Order, o Invitation No. Page No Navember 1949.Edition ~~ {As Applicable) - General Services Administration (Supply Contract) : , Fed. Proc. Reg: (41 OFR} t-16.107 , : 36-104, Rav.'3-48:08 . IFBOT4VINGC19 (S) ITEM NO. | SUPPLIES OR SERVICES AMOUNT CONTRACT PERIOD: The period of any contract entered: into under this Invitation for Bid shall be for a period of one (1) year. OPTION TO RENEW: The sefvice of this contract may be extended for an additional term subject to the availability of funds. SUPPLEMENTARY PROVISIONS: The application ofall materials will be in-such-a-manner so as not to cause hari to humans, foodstuff or equipment within the building and/or property. The Contractor shall maintain on his own, Workmen's Compensation Insurance, Comprehensive: General Liability Insurance against bodily injury with limits of $100,000.00 and against property damage with limits of $100,000.00, the cost of which shall be borne by the Contractor and maintained fully during the term of the-Contract. A copy of the Insurance listed herein shall be filed with the Department of Property & Procurement, 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 face, 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 Depariment of Finance if payment is made within the discount period specified by the No discount offered for payments within less than thirty (30) calendar days will be considered. Paragraph 6a on Page 1 of the Bid Form is hereby deleted. EXPLANATION TO BIDDERS: Any explanation desired by a bidder. regarding he 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 ptacing 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 Procurernent, Building #1, Third Floor Sub base, St. Thomas, U. S. Virgin Islands, or 3274 Estate Richmond, Christiansted, St. Croix, U.S, Virgin Islands, notarized, and submitted to the Division of Procurement not later than the date and. hour of bid opening as specified on Page 1 of this bid. All bidders not complying with the procedures set forth herein and in accordance with Title 31 V: |..C. § 236 a, will not be considered eligible as Preferred Bidders for this Invitation for Bids. Name of Bidder: IFBO13VINGC18 (S) Standard Form 86 CONTINUATION SHEET Contract, Order,. or [nvitation No. Page No November 1949-Edition: " : (As Applicable) . General Services Administration (Su pply Contract) Fed, Proc, Reg. (41 OFR) 1-18.107 : . . 36-104. Rev. 3-16-08 IFBO14VINGC18 (S) ITEM NO. | SUPPLIES.OR SERVICES: AMOUNT Pursuant to Act No. 3072, approved July 29, 1971, amending Section 245 of Chapter 23, Title 31 of the Virgin Islands Code, each person who submits .a bid in relation to any purchase in excess of $1, 000. 00, under this Chapter, will disclose the Name and Address of each individual having a beneficial interest of more than five (5%): per Centum in the bidding enterprise, and if the bidder is a Corporation, the Names and Addresses ofall its Officers and Directors. NAME ADDRESS / PHONE / EMAIL TITLE Mara af Riddaor: IFBO13VINGC19 (S) Standard:Form 86, CONTINUATION SHEET Contract, Order, or Invitation No. -Page No November:1949.Edition “es me ~~ 7 {As Applicable} - — General Services Administration _ (Su pply Contract) : Fed. Prac, Rag. (41 OFR) 1-16.107 , . ; . ese 36-104. ‘Rev. 3-18-08 IFBO74VINGC13 (S} ITEM NO. | SUPPLIES OR SERVICES AMOUNT iteacscc 18 CATO, IFBO13VINGC19 (S) STATEMENT OF WORK FOR VIRGIN ISLANDS NATIONAL GUARD. TRASH/SOLID WASTE COLLECTION AND DISPOSAL -.ST. CROIX, USVI The Virgin islands. National Guard has a requirement for trash/solid waste collection services for its St. Croix facilities. This Statement of Work (SOW) describes the minimum.acceptable standards for ‘trash/solid waste coliection and disposal services for the following facilities: * Army Aviation Operating Facility, Estate Mannings Bay, Kingshill, VI 00850 e Sprat Hall Facility, Estate Sprat Hall, Frederiksted, VI 00840 . e ‘Estate Bethlehem Military Compound, 10A & 18 Estate Bethichem, Kingshill, Vi 00850 “* Four Collection Stations SECTION i GENERAL; 1.1 SCOPE OF WORK: The contractor shall provide: ail persorinel, equipment; tools, materials, supervision and other items necessary to perform trash/solid waste collection and disposal services as defined in this SOW for all St. Croix facilities as listed above. The contractor shali perform to the standards in this contract. 1.2 QUALITY CONTROL; The contractor shail establish and maintain a complete quality control program for the performance requirements of this contract. SECTION 2 TECHNICAL DEFINITIONS PECULIAR TO THIS SOW: 2.1. Bulk Container. A iarge container that can either be pulled or lifted mechanically into a service vehicte, 2:2 Collection Station. The tocations designated during site visit where refuse: may be assembled and stored in bins for collection. 2.3 Collection Frequency. The number of times collection is provided in a given period. 2.4 Trash Collection Containers. Bins which can be accessed. easily and multiple bins which are handled by mechanical, truck-mounted hoists: 2.5 Trash. Includes ail garbage, debris, rubbish, and other similar waste material intended for disposal. Not included are explosives and incendiary waste, hazardous and universal waste and contaminated waste from medical and radiological processes. 2.6 Trash Collection. A system of transporting trash from collection stations to points of disposal. 2.7 Sanitary Landfill, A site where trash is.disposed using an engineered method in a manner that protects the environment by spreading the waste in thin layers, compacting it to the smallest practical volume, and covering it with soil by the end of each working day. These procedures must meet the conditions of the Virgin Islands Waste Management Authority. SECTION 3 CONTRACTOR FURNISHED ITEMS AND SERVICES: 3.1 GENERAL. The contractor shall furnish all equipment and tabor required to perform this statement of “work, Page.1 of 4 3.2 MINIMUM QUALITY STANDARDS: Ali trash/solid waste collection vehicles shall be specifically designed for that purpose. 3.3 Vehicles, The contractor shall provide ail the vehicles necessary to fulfill the requirements of this contract. 3.3.1 All vehicles must be in operabie.condition and meet focal sequirements, 3.3.2 Vehicles shall present a neat appearance and have the contractor's name affixed thereon for easy identification. 3.3.3 All vehicles shall be operated in accordance with facility traffic regulations. 3.4 Containers. The contractor-shail provide bulk containers that meet the following requirements: 3.4.1 Ail bulk containers shall be leak proof and in good condition. 3.4.2 All bulk containers shall be clearly marked, warning personnel to stay clear of the container when emptying and not to park vehicles within a specified distance. 3.4.3 All bulk containers mounted on wheels: must have a-positive braking/iocking device to prevent inadvertent movement. 3.4.4 Missing or deteriorated containers will be replaced or repaired by the contractor at no additional cost ‘to the. government. 3.4.5 All containers must be covered and have locking mechanism. SECTION 4 SPECIFIC TASKS: 4.1 COLLECTION REQUIREMENTS. The contractor shall provide the services of refuse collection and disposal as described below. 4.2 The contractor shall place.the following sized containers and collect the trash according to the following schedule: e Army Aviation Operating Facility: one (1) 6-yard. container ~ once biweekly every other Tuesday” * Sprat Hall Facility: one (1) 6-yard container - once:-per week every Tuesday* Bethlehem Compound: four (4) 6-yard containers - twice per week on Monday & Thursday* *Special collection requirements will be requested by separate quotation, when needed. * The contractor will be notified when to initially place the bins. Once the initial placement of the bins has taken place, then the regular schedule for pick-up. will commence. 4.3 The contractor shall establish routes so as to gain access to the compound/facility through the main gate and collection operations shall be made between the hours of 6:00 a.m. and 5:00 p.m. Collection Operations outside established hours will require. prior approval of the Construction & Facilities Management Office. 4.4 Points of Collection. 4.4.1 The points of collection for pickup of trash/solid waste by the contractor shall be restricted only to the designated points of collection for each respective facility.. 4.4.2 The government reserves the right to change the capacity requirements at any collection station as long as it does not increase the overall cubic yard capacity requirement of this specification. 4.5 Frequency of Collection. The contractor shall pick up refuse bulk containers according to the schedule listed in Section 4.2 4.6 Position of Containers. 4.6.1 The contractor shall position the containers at collection stations to best aid the user in disposing of refuse, The contractor shall also position to minimize interference with adjacent parking lots, roadways, overhead utilities, and other potential obstructions. 4.6.2 When more than one container is positioned at one collection station, the contractor shall place the containers as close together as feasible for user convenience. 4.6.3 The contractor shall return bins to their proper station in an upright position with the lids securely in place. 4.6.4 The contractor shall furnish replacement containers for all containers removed for cleaning, maintenance, or repair to ensure that collection stations have adequate refuse containers. 4.7 Spillage. The contractor shall pick up all spillage around bulk containers within a 10-foot radius. The contractor shall clean and disinfect the area within that 10-foot radius. 4.8 Special Refuse Collection. In addition to the regular scheduled refuse collections, the contractor shall be required to make special collections within 24 hours of notification by the Construction & Facilities Management Office (CFMO). 4.9 Inclement Weather Schedule. The contractor shall collect refuse during inclement weather except in cases of unduly severe weather and as authorized by the CFMO. Make-up collections shall be performed 24 hours after the severe weather has terminated. If all make-up collections cannot be made in 24 hours, the contractor shall submit a revised schedule to the CFMO for approval. 4.10 Off-Site Disposal. The contractor shall dispose of all refuse at the local landfill. Disposal shall be according to existing local regulations. The contractor shall be responsible for all arrangements associated with the use of the local landfill. SECTION 5 TERMS: 5.1 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 an additional optional 12-month period. 5.2 The contractor shall obtain the signature of the facility representative upon delivery of the bins. The receipt shal! be submitted with each invoice. 5.3 The contractor shall submit an invoice at the end of each month. Invoices and supporting documents shall be submitted to otag-info@otag vi gov. 5.3.1 The invoices shall be itemized with the names and amounts for each facility. 5.4 The contractor shall provide a monthly rate for each facility — Army Aviation, Sprat Hall and Bethlehem Compound. The Bethlehem Compound will be further broken down as RTI, USPFO, JFHQ and 104" TC, SECTION 6. SECURITY 6.1. 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 above listed facilities. Any violations or disregard for the rules, regulations and policies may be cause for immediate termination of the contractor. 6.2 The.contractor's employees shail at all times produce and display picture identification identifying th individual as an employee of the contractor, SECTION 7 SAFETY Safety requirements shall be in accordance with al! federal and territorial laws and codes. The currerit Department of Labor safety and health regulations will govern the overall job safety program. The guidance from current version of the USACE EN 385-1-1 is-also acceptable for the overall job safety program. SECTION 8 ENVIRONMENTAL 8.1 The Virgin Islands National Guard (VING) has instituted an environmenta! Management System (eMS) Policy. Its aim is to impiement and corrimunicate long-term goals for envirenmental protection, improvement and. stewardship. This will be achieved through continuous monitoring, assessing, reviewing and approving our environmental objectives and targets. 8.2.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 VING laws, rules, regulations and policies, END OF SECTION e STANDARD FORM -Approved by Comm. of Prop. & Prog, ‘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 his. authority. ‘2. CHANGES _ The Contracting Officer may at any time, by a written order,. and without notice to the sureties, make changes, within the general scope of this. contract, in anyone or more of the following: (i) Drawings, designs, or specifications where: the supplies to. be furnished are to be specially manufactured for the. Government. i in. accordance therewith; (ii) method of shipment or packing; and (iii) place _of delivery. If any such change. causes an increase or decrease in the cost of, or the time required for, the performance of any part of the work under this contract, whether changed or not changed by any such order, an equitable adjustment shall be made in the contract price or delivery schedule, or both, and the contract shall be modified in writing accordingly. Any claim by the contractor for adjustment under‘this clause must be asserted within 30 days from the date of receipt by the Contractor of the notification. of change: Provided, however; That the Contracting Officer, if he decides that the facts justify such action, may receive and act upon-any such claim asserted at-any time prior to final payment under this contract: Where the cost of property made obsolete or excess as: a result of a change is included in the Contractor's claim for adjustment, the Contracting Officer shall have. the right to prescribe the manner of disposition of such property. Failure’ to agree to any adjustment shall be a dispute concerning a question. of fact within the meaning of the clause of this contract entitled: “Disputés." 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 shal] be made unless:such extras and the price thereof have been authorized in writing by the: Contracting Officer. 4. VARIATION IN QUALITY . No variation in-the quantity of any item called for by. this contract will be accepted unless such variation has been caused by conditions of loading, shipping, packing or: allowances in manufacturing: processes, and then only to: the extent, if any, specify elsewhere in this.contract. 5. INSPECTION (a) All ‘supplies (which term throughout this clause includes without. limitation raw materials, components, intermediate assemblies, and end products) shalf be subject to inspection.and test by the Government, to the extent practicable at all times and places including the period of manufacture: and in-any event prior to acceptance. (b) In case. any supplies.or lots of supplies are defective. in material or workmanship or ‘otherwise: not in conformity. with the. requirements of this contract, the Government shall have the right either to reject. them (with or without instructions as to their disposition). or to require’ their correction. Supplies or lots of supplies: which have been rejected or required to be corrected shall be removed or, if permitted or required by the Contracting, Officer, corrected in place by and at the expénse of the Contractor .promptly after notice, shall not thereafter be- tendered for acceptance unless the former rejection or requirement. of correction is disclosed, If the Contractor fails promptly to remove such supplies or lots of supplies which are required to be removed, or promptly to replace or correct such supplies or lots of supplies, the Government either (i) may: by. contract or otherwise replace or correct. such supplies and: charge to the Contractor the cost.occasioned the Government thereby, or (ii) may terminate this contract for default as pro- vided-in the.clause. of this contract entitled "Default." Unless the Contractor corrects or replaces such: supplies within the delivery schedule, the Contracting. Officer may require the delivery of such supplies at a.reduction in price which is equitable. under the circumstances. Failure to agtee to such reduction of price. shall be a dispute concerning a question of fact within. the- meaning of the, clause of this contract entitled "Disputes:" (c) If any change inspection. or test is made by the. Government on the premises. of the: Contractor or a subcontractor, the Contractor without additional charge shall provide reasonable facilities and assistance for the safety. and convenience of the Government inspectors in the performance ‘of their duties. If Government inspection or test. is made at a point other than the premises of the Contractor or a subcontractor, it shall be at the expense of the Government except .as.otherwise provided in this contract: Provided, That. in case: of rejection the.Government shall not.be liable for any reduction in value of samples used.in connection. with such: inspection or test. 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 rejection of. the supplies-shall be made. as promptly. as practicable after delivery, except as otherwise. provided in this contract; but failure to inspect and accept or reject supplies shall neither relieve the Contractor from responsibility for such supplies as.are not in accordance with the contract requirements nor impose Jiability on the Government therefor. STANDARD FORM Approved by Comm, of. Prop! & Pro, 9-14-71 Revised: 3-18-08 (d) The inspection and test by the.Government-of any supplies or lots thereof does not relieve the Contractor from any responsibility regarditig defects or other failures to..meet the contract requirements which may -bé discovered prior to acceptance. Except as otherwise provided in this’ contract, acceptance shall be conclusive except.as regards latent defects, fraud, or such gross mistakes as amount to:fraud. (e} The Contractor shall provide and maintain an inspection system acceptable. to the Government covering the ‘supplies hereunder. Records of all inspection work by the Contractor shall be kept complete ‘and available to the-Government during ‘the performance of this contract and for such longer period as may be specified.élsewhere in this contract. 6. RESPONSIBILITY FOR SUPPLIES Except as otherwise provided in the contract, (i) the Contractor shall be responsible forthe supplies covered by this contract until they are delivered at the designated delivery. poiit, regardless of the point of inspection; (ii) after delivery to the Government at the designated point and prior to acceptance by the Government or rejection ‘and giving notice. thereof by the Government, the Government:shall be responsible for the toss or destruction. of or damage to the. supplies only if such loss, destruction or damage results from the negligence of officers, agents, or employees of the Government acting within the scope of their employment; and (iii) the Contractor shall béar all risks as to rejected supplies: after notice of ‘ejection, except that the Government shall be responsible for the loss, or destruction of, or damage. to the supplies only if such loss, destruction or damage results from the gross negligence of offi icers, agents, or employees of the Government acting within the scope of their employment. 7. PAYMENTS The Contractor shall be paid, upon the -submission of proper invoices or vouchers, the. prices. stipulated herein for supplies delivered and accepted or services rendered. and accepted, less: dediictions, if any, as herein: provided. Unless otherwise ‘specified, payment will be thade on partial deliveries -accepted by the Government when the amount due on such deliveries so watrants; 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 Claiins Act (5: VIC 1201 et. seq.) if this contract provides for paymenits aggregating $1,000. or more, claims for moneys: due. or to become due to the Contractor from the. Government under this contract may be-assigned to a bank, trust. company, or ‘other financial. institution, including any Federal lending agency, and may thereafter be further. assigned and reassigned. to. any such institution. Any such assignment or reassignment.shall cover all amounts payable under this contract and not already paid, and ‘shall not.be made to more than one party, except that any such assignment or reassignment may be made to: one party as agent or trustee for two or more parties. participating in such financing. Unless otherwise provided in this contract, payments ‘to-an assignee of any moneys due or to become due’ under this contract shall not, to the extent provided in said Act, as amended, be subject:to reduction or-set off. 9. ADDITIONAL BOND SECURITY If any surety upon any bond furnished in connection with this contract. becomes. unacceptable to the Government of if any such surety fails to furnish reports as to his financial condition from time to time as requested by the Government, the Contractor shall promptly. furnish such additiorial security .as may be required from time to time to protect the. interests of the Governinent and. of persons ‘supplying labor or materials i 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 dily 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, ard ‘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 shail, unti] the expiration of three years after -final payment under’ the subcontract, have access to and the right to examine any directly: pertinent books, documents, papers, and records of such subcontractor, involving transactions related to the subcontract. The term “subcontract” as. used in this clause excludes (1) purchase orders not exceeding $1, 000 and (ii) subcontractors or purchase ordérs for public utility services at rates established for uniform applicability to the-general public. Jl, 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, of so fails to. make. progress as to endanger performance of this contract in. accordance with its: terms, and .in either of these. two:circumstances does not cure " STANDARD FORM Approved by: Comm, of Prop! & Proc. 7-14-71 Reviseid:.3-18-08 such failure within a period OF 1.0 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the: Contracting: Officer specifying such failure. (b) In the event the Government terminates this contract in whole or in part as provided. in paragraph (a) of this clause, the Government may procure, upon such.terms and in. such manner as the Contracting Officer may deem. appropriate, sup-plies or services similar to. those so terminated, and the. Con-tractor shall be liable to the Government for any excess costs: for such similar supplies or: services: Provided, That the Contractor shall continue the performance of this: contract to the: extent not terminated under the provisions of this.clause. (c) Except with respect to defaults of subcontractors, the Contractor shall not be liable for any excess costs if the failure to-perform the contract arises out of causes beyond the control and without the fault or negligence of the Contractor, Such causes. may include, but are not restricted to, acts:of God or of the public enemy, acts of the Government in. either its sovereign or contractural capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but. in every case the failure to perform must be beyond the control and without fault or negligence of the Contractor. If the failure to perform is caused by the default. of a subcontractor, and if such default arises out of causes beyond the control of both the Contractor ‘and subcontractor, and with- out the fault or negligence of either of them, the Contractor shall not be tiable for any excess costs for failure to perform, unless the. supplies or service fees to be furnished by the sub- contractor was obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery schedule: (d) If this contract is terminated as. provided in. paragraph. (a) of this clause, the Government, in addition to any other rights provided in this clause, may require the Contractor to transfer title and deliver to the Government, in the manner and to the extent directed by the Contracting Officer, (i) any completed supplies, and (ii) such ‘partially completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights (hereinafter called "manufacturing materials") as the Contractor has specifi cally 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 Offi icer,. protect and preserve property in possession of the Contractor in which the Goveriiment: has an interest. Payment for completed supplies delivered to and accepted by the. Goyernment shall be at the coritract 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 concerming a question of fact within ‘the meaning of the clause of this contract entitled "Disputes." The Government.may. withhold from amounts otherwise due the Contractor for such completed supplies ‘or manufacturing Materials such sum-as the Contracting Officer determines ta be necessary to protect the Government against loss because. of outstanding liens or claims of former lien holders. (é) If, after notice of termination of this contract under the provisions of this clause, it is determined for‘any reason that the Contractor was not in default under the: provisions of ‘this clause, or that the default was excusable under the provisions of this clause; the rights and obligations of the parties shall, if the contract contains .a clause ‘providing for termination for convénience-of the Government, be the same-as if the notice of termination had beén issued pursuant to such clause. If, after notice of termination of this contract under the provisions of this clause, it is determined for any reason that the Contractor was not iri 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 shali be equitably adjusted to‘ compensate for such termination and the contract modified accordingly; failure to agree to any such adjustment shall be a dispute concerning. a question of fact within the meaning of the clause of this contract entitled "Disputes." (f} The rights and remedies of the Government provided in this. clause shall not be exclusive.and are in addition to any other rights.and remedies provided by law or under this contract. 12, DISPUTES (a) Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this conttact which is:not disposed of by agreement shall be decided. by the Contracting Officer, who shall reduce his decision to writing and mail ot‘ otherwise furnish a copy thereof to the Contractor. The decision of the Contracting Officer shalt be final. and conclusive: unless, within’ 30 days from the date of receipt. of such copy, the: Contractor mails or otherwise furnishes to. the Contracting Officer a written appeal addressed to. the. Attorney ‘General. The decision of the Attorney General or his duly authorized representative ‘shall he final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so: grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appéal procéeding under this clause, the Contractor shall be afforded an opportunity to be heard and to offer evideiice’ in support of his appeal. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance. of the contract and iii accordance with the Contracting Officer's decision. {b). This "Disputes" clause does not preclude consideration of law questions in connection with decisions provided for ii 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 shali be-applicable only if the amount of this.contract exceeds $10,000. STANDARD FORM Approved by Conn; of Prop. & Proc; 7-14-71 Revised: 3-18-08, (a) The Contractor shall report to the Contracting Officer, promptly and in reasonable written detail, each notice or claim of patent or copyright infringement based on the performance of this contract of which the Contractor has knowledge. (b) In the event of any claim or suit against the Government on account of any alleged patent or copyright infringement arising out of the performance of this contract or out of the ise of any supplies. furnished or work or.services perfornied here- under, the Contractor shall furnish to the Government. when requested by the Contracting Officer, all evidence and _in- formation in possession.of the Contractor pertaining to.such suit or claim. Such evidence and information shall be furnished at. the expense of the Government except where the Contractor las agreed to indemnify. 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 énd products; (ii). “end products" means those articles, materials, and supplies, which are tobe acquired under this contract for public use; and (iii) “a-domestic source énd product" means (A) an un- manufactured end product which has-been niined or produced in the United States and (B) an end product mariufactured in the. United States if the cost of the components thereof which are. mined, produced, or manufactured-jn the United States exceeds 50-percent of the. cost of all its components. For the purposes of this (a) (iii) (B),: ‘components of foreign origin of the same type. or kind as the products referred to in (b) (ii) or (iii) of this clause. shall be. treated as components mined, produced, or manufactured. in the United States. {b} The Contractor agrees.that there will be delivered under this contract’ only domestic source end products, except end products: discretion: (i) which ate for use outside the United States; (ii) which the Government determines are not mined, produced, or manufactured in the United States in sufficient.and reasonably available commercial quantities and of a satisfactory quality; (iii) as. to: which the Secretary determines the domestic preference to be inconsistent with the public interest; or. (iv) as to which: the Secretary determines the cost. to the Government.to be unreasonable. (The foregoing requirements ‘are administered in ‘accordance with Executive Order No. 10582, dated December 17, 1954.) 15. CONVICT LABOR In connection with the performance of work under this contract, the Contractor agrees not to employ any: person undergoing sentence of imprisonment at hard Jabor. 16. OFFICIALS NOT TO BENEFIT No member. of the Legislature, or Delegate to the United States Congress, or official or. employee. of the Executive Branch of the Government of ‘the Virgin Islands, shall be admitted. to any share or. part of this contract, or to any benefit that may arise therefrom, but this. provision shall not be constried to ‘extend to this contract if made. with a corporation for ‘its general benefit. 17. COVENANT AGAINST CONTIGENT FEES The Contractor warrants that no person or selling agency has been employed or retained to. solicit or: secure this contract upon an agreement or understanding for:a commission, percentage, brokerage, or contingent fee, excepting, bona fide employees or bona fide established commercial or-selling agencies: maintained by the Contractor for the purpose of securing business, For breach or violation of this. warranty the Government shall have the right to annul this contract without liability or in -its to deduct from the contract price or consideration, or otherwise recover, the full amount-of such commission, percentage, brokerage, or contingent fee. STANDARD FORM NO. DPP.~ ¥C-54-75. ‘APPROVED 10-2-74 COMMISSIONER OF DPP REVISED 3-18-08 GENERAL PROVISIONS (SUPPLY CONTRACT) TERMINATION OF CONTRACTS 0: 18. CONVENIENCE OF THE GOVERNMENT (a) The performance of work under this contract may be terminated by the Government in accordance with this clause in whole, or from time to time in part, whenever the Contracting Officer shall determine that such termination is in the best interest of the Government. Any such termination shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent to which performance by delivery to the Contractor of a Notice of Termination. specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective. (b) After receipt of a Notice of Termination, and except as otherwise directed by. the Contracting Officer, the Contractor shall: i) (ii) (iii) (iv) (v) vi) ‘stop work under the contract on the date and to the extent specified in the Notice of Termination; place no further orders or subcontracts for materials, services or facilities, except.as may be necessary for completion of such portion of the work under the contract as 18 not terminated: terminate all orders. and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination; assign to the Government, in the manner, at the times, and to the extent directed by the Contracting Officer, all of the right, title, and interest of the Contractor under the orders and subcontracts so terminated, in. which case. the Government shall have the right, in its discretion, to settle-or pay any or all claims arising out of the termination of such orders and subcontracts; . settle all outstanding liabilities and all claims arising out of such termination of orders and ‘subcontracts, with the approval or ratification of the Contracting Officer, to the extent, he may require; which approval or ratification ‘shall be final for all the purposes of this.clause; transfer title ad deliver to.the Government in the manner, at the times, and to the extent, if any, directed by the Contracting Officer (A) the fabricated or unfabricated parts, workin progress; completed work, supplies, and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the Notice of Termination, and (B) the completed or partially -5- STANDARD FORM NO. DPP — TC-54-75. APPROVED 10-2-74 ‘COMMISSIONER:OF DPP REVISED 3-18-08 (c) (d) conipleted plans, drawings, information, and other property which, if the contract had been completed, would have been required io be furnished to the Government. (vii). use his best efforts to.sell, in the manner, at the times, to the extent, and at the price or prices-directed or authorized by the Commissioner of Property and Procurement, any property of the types referred to in (vi) above; provided, however, that the Contractor (A) shall not be required to extend credit to any purchaser, and .(B) may acquire any such property under the conditions prescribed by and at the price or prices approved by the Commissioner of Property and Procurement and provided further that the proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by the Government to the Contractor under this contract or shall otherwise be credited to the price or cost of the work covered by this contract or paid in such other manner as the Commissioner of Property and Procurement may direct; (viii) complete performance of such pait of the work as shall not have been terminated by the Notice:of Termination; and: (ix) take such action as may be necessary, or as the Commissioner of Property and Procurement may direct, for the protection and preservation of the property related to this contract which is in the possession, of the Contractor and in which the Government has or may acquire an interest. After receipt of the Notice of Termination, the Contractor shall submit to the Commissioner of Property and Procurement. his termination claim, in the form and with certification prescribed by the.Commissioner of Property and Procurement. Such claim shall be submitted promptly but in no event later than one: year from the effective date of termination, unless one or more extensions in writing are granted by the Commissioner of Property and Procurement, upon request of the Contractor made in writing within such one: yeat period or: authorized extension thereof. However, if the Commissioner of Property and Procurement determines that the facts justify such action, he may receive and ‘act upon failure of the Contractor to submit his termination claim within the time allowed, the Commissioner of Property.and Procurement may determine, on the basis of information available to him, the amount, if any, due to the Contractor by any reason of the termination and shall thereupon pay to the Contractor the amount:so determined. Subject to the provisions of paragraph (c), the. Contractor and the Commissioner of Property and Procurement may agree upon the whole or any part of the amount or amounts to be:paid to the Contractor by reason of the total or. partial termination of work pursuant to this clause, which amount or amounts may include.a reasonable allowance for profit on work done; provided, that such agreed amount or amounts, exclusive of settlement. costs, shall not exceed the total contract Price as reducéd by the amount of payments otherwise made and as further reduced by the contract price of work -not. terminated. The-contract shall be amended accordingly, and the Contractor shall be. paid the agreed amount. Nothing in paragraph (e) of this clause, prescribing the amount to be paid to the Contractor in the ¢vent of failure: of the Contractor and the Commissioner of 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 pursuanit to this paragraph (d): In the event of the failure of the Contractor and the Commissioner of Property and Procurement to agree as provided in paragraph (d) upon the whole amount to be paid to the Contractor by reason of the termination of work pursuant to: this clause, the Commissioner. of Property and Procurement shall pay to the Contractor the amounts determined by him.as follows, but without duplication of any amounts agreed upon in accordance with paragraph (d): (i) for completed supplies, materials and equipment or ‘services accepted by the Government (or sold or acquired as provided in paragraph (b) (vii) above) and not theretofore paid for, a sum equivalent to the: aggregate price for such supplies or services computed in accordance with the price or prices specified in the contract, appropriately adjusted for any saving for freight or other charges; (ii) the total of — (A) the costs incurred in the performance of the work terminated, including initial (B) (C) costs and preparatory expense allocable thereto, but exclusive of any costs attributable to supplies or services paid or to be paid for under paragraph (e) (i) hereof; the cost settling and paying claims. arising out of the termination of work. under subcontracts or. orders, as provided in paragraph (b) (v) above, which are properly chargeable to the terminated portion of the contract (exclusive of amounts paid or payable on account of supplies or materials delivered or services furnished by subcontractors. or vendors prior to the 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 (iit) 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 defi ned in Clause 14 of the General Provisions, he-shall check the box at the end of this paragraph................ heen ceeeeneeaees ss ban sbacgenensehsaregessadas If the bidder represents the articles, materials, and supplies: he proposes to furnish are. NOT domestic source. end products as defined in Clause [4 of the General Provisions, he. shall check the box at the end of this paragraph........ ae nshoenesaneccnesacanscnssassseccnasnansontvonsesas “ ALL BIDDERS.MUST CHECK THE BOX AT THE END OF EITHER PARAGRAPH. 1 GR 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, shall 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. istasseseeee DEINE duly sworn, deposes and says that — (1) He is owner, partner, officer, representative, or agent] Of o...2. 0... eee cee cece een eee eae ensnseesseansesteonte the bidder that has. submitted that attached bid; (2) He is.duly informed respecting the preparation and contents of the attached bid and_-of all pertinent’ circumstances respecting such bid; (3) Such bid-is genuine and is not a collusive-or sham bid; (4) Neither the said. bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this:affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or'sham bid in connection with. the. contract for which the attached bid has been'submitied or to refrain from bidding: in connection with such contract, or has in any manner, directly or indirectly, sought by‘agreement or collusion or communication or conference with any other bidder, firm or person to fix the ptice 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... 00.0006, GAY Of b..cccecccceceuececercuesessvstesssvesessnvenssees Notary Public: