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Department of Property & Procurement Government of the United States Virgin Islands i. 3274 ESTATE RICHMOND, CHRISTIANSTED, U. S. VIRGIN ISLANDS G0820 des 6201 SUB BASE, SUITE 4, ST. THOMAS, U. S. VIRGIN ISLANDS 00802 ST. CROIX MAIN OFFICE: 340.773.1561 [ ST. THOMAS MAIN OFFICE: 240.774.0828 ST. GROIX FAX: 340.773.0986 | ST. THOMAS FAX: 340.777.0587 HTTP:/DPPRVLGOV November 5, 2018 Kevin Hensley President Tropic View Estate Ltd. d/b/a H.H. Tire Battery P.O. Box 826 Christiansted, VI 00821 RE: S01IBDPPC19 (HHTB) Delivery of Tires and Batteries for the Department of Property & Procurement, St. Croix during the period of October 18, 2018 and shall terminate immediately when new contract is executed. Dear Mr. Hensley: Transmitted herewith is a fully executed copy of the Supply Contract for the above referenced services for Fiscal Year 2019. The contract begins from October 18, 2018 and shall terminate immediately when new contract is executed. Attached please find your executed contract for your records. Sincerely, Sf Lloyd T. Bough, Jr. Commissioner DRW/ajl lL Enclosures Xc: File GOVERNMENT OF a THE VIRGIN ISLANDS OF THE UNITED STATES -=-- ff --— DEPARTMENT OF PROPERTY AND PROCUREMENT SUPPLY CONTRACT This AGREEMENT, made this. | 23 sem “day Of 2. ctobel 2.2018 for Delivery of Tires & Batteries for the Department of Property & Procurement on St. Croix by and. between the Government of the Virgin Islands, hereinafter called the “GOVERNMENT”, and. (an individual [ ]), (a partnership [ ]), (joint y venture:[ ]), is corporation [ X p, (incorporated in the State of [ ]), (Territory of [X]), doing business.as H.H Tires. & Battery, Ltd. . whose address is P.O. Box, 826-Christiansted,. VI 00821. hereinafter called the “CONTRACTOR”, Witnesseth: For, and in consideration of the acceptance. of the Conttactor’s proposal, under Invitation for Bids No. IFB011DPPC16(S) opened on August 26, 2015 and the. award of this contract to the Contractor, notification hereof having been made’to the Contractor on October 5, 2015, 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 his- proposal. hereto attached and made a part of this Contract, the said Contractor agrees to furnish and deliver any or all of the commodities described in the said Invitation for Bids No. IFBO11DPPC16(S) at the price or prices stated therein and in strict accordance with the conditions of said accepted proposal. The Advertisement, Invitation for Bids, General Provisions, . 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 sét 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 Attached A, which are both incorporated by reference, in lawful money of the United States, ard the-payment shall be made at the: time and in the manner set forth in the Invitation for Bids and the General Provisions.. SECTION 3. This Contract shall commence on __ October 18, 2018 and. shall terminate on Immediate when a. new contract is executed unless. mutually extended. er terminated by the parties. 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 articles. or commodities ordered before date of termination shall have been satisfactorily delivered and accepted and/or until all terms 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 balarices 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:requésted, immediately or as directed by the Government, will constitute authority for the Government to purchasein the open market to replace the commodities rejected or not delivered. The Government resérves 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 adjustinent 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 debatred from entering into contracts with any federal agency. The Contractor shall include this provision in each of its subcontracts hereunder and shall firnish 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 watrants 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. 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. SO1BDPPC19 (HHTB) Page 2 This Contract shall become effective immediately upon and as of the day of signature by the Parties hereto. IN WITNESS WHEREOF, the parties to these presents have executed this CONTRACT in four (4) counterparts, each of which shall be deemed an original, in the year and day mentioned in the first paragraph. Witnesse GOVERNMENT OF THE VIRGIN ISLANDS e_ ee ee ee a eee eee eee ee ee a ee By Pee Lloyd T. Bough Jr., Commissioner Department of Property & Procurement Witnesses: CONTRACTOR By Kevin Hensley, President Co ee eae H.H. Tires & Battery, Ltd. If Contractor is a Corporation, seal of Corporation must be affixed. GOVT, PRTG, OFFICE 5-23-78-3000 SOIBDPPC19 (HHTB)