USVI Public Records

Document text

GOVERNMENT OF THE VIRGIN ISLANDS.OF THE UNITED STATES: Nortel 8 a2ae: DEPARTMENT OF PROPERTY AND PROCUREMENT Comm. of Prop. Proc PROCUREMENT DIVISION Rev. 3-18-08 _.. INVITATION BID & AWARD ORTRACTRG. PRET S OF Pce| SUPPLY CONTRACT 1 Department'of Property & Procurement ‘3274 Estate Richmorid, Christiansted INVITATION FOR BIDS DATE ISSUED November 42, 2018 _ PRORATON No-- |FBOO4DO0EC19(S) Sealed bids. in quintutlicate (5.Sets), subject to (1) the Ternis and Conditions of the Invitation for Bids, (2) General Provisions which are.incofporated herein by reference, and (3} such other contract provisions and specifications as are attached.or iricorporated by reference will be received at the above office until 10:300'clock AM, Atlantic Standard Time, not/later than (date) November 27, 2018,and at that time publicly. opened, ‘for furnishing the supplies or services for delivery 0. b, ST. CROIX, VI “General information and instructions to Bidders are contained in the terms and conditioris.on the reverse hereof. SCHEDULE “(FEM NO. SUPPLIES-OR SERVICES: QUANTITY. UNIT UNIT PRICE AMOUNT $80. OF CATS} a eC Da Price and Delivery of Milk to the Virgin Istands Department of Education in the St. Croix District BID ——~——p [DATE OF BID IN COMPLIANCE WITH THE ABOVE THE UNDERSIGNED. OFFERS AND AGREES, IF THIS BID.BE ACCEPTED WITHIN DAYS (30:catendar days unless & 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.TRE: 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 HEIS ___, IS NOT._. A’SMALL BUSINESS CONCERN. IF BIDDER ISA SMALt: BUSINESS CONCERN.AND 1S NOT THE MANUFACTURER OF THE SUPPLIES: BID UPON, | HE ALSO REPRESENTS THAT ALL SUPPLIES TO BE FURNISHED HEREUNDER WILL___,WILLNOT__.8E MANUFACTURED OR PRODUCED BY A SMALL BUSINESS CONCERN IN THE.UNITED STATES, ITS TERRITORIES; (TSP POSSESSIONS, ‘OR THE COMMONWEALTH OF PUERTO.RICO, (2). THAT: HE IS AREGULAR DEALER IN __.,. MANUFACTURER OF __, THE SUPPLIES BID UPON. (3) (A) THAT HE HAS __, HAS NOT __. EMPLOYED OR RETAINED Ab ANY. COMPANY OR PERSON (OTHER THAN A FULL-TIME BONA FIDE EMPLOYEE WORKING St SOLELY FORTH 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 F FOR THE BIDDER) ANY FEE,. PERCENTAGE, COMMISSION, OR BROKERAGE FEE, CONTINGENT UPON OR RESULTING FROM THE. AWARD OF THE CONTRACT: AND AGREES TO FURNISH INFORMATION RELATING TO (A). AND (B}) ABOVE.AS: REQUESTED:BY THE CONTRACTING OFFICER. (4) HE OPERATES:AS AN INDIVIDUAL __, PARTNERSHIP ___. CORPORATION __, INCORPORATED IN THE TERRITORY OF THE VIRGIN ISLANDS (5) PREFERRED BIDDER: __A BONA FID FIDE CONTINUOUS RE! RESIDENT OF THE. VIRGIN {SLANDS FOR AT LEAST EIGHT (8) YEARS OR __- WAS BORN IN THE VIRGIN ISLANDS; __A FIRM, PARTNERSHIP, OR CORPORATION IN WHICH AT LEAST FIFTY-ONE PERCENT (51%).OF THE LEGAL OR EQUITABLE OWNERSHIP 'S 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'SORN IN THE VIRGIN ISLANDS: __SAID PERSOW, FIRM , PARTNERSHIP, OR. CORPORATION. IS:‘LIGENSED 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. [PR EE A a Etc a at NAME & ADDRESS OF 8IDDER (Street, City, State and Zip Code) SIGNATURE OF PERSON.AUTHORIZED TO SIGN BID (Type or Print)- —>- . TYPE OR-PRINT SIGNER'S.NAME & TITLE AWARD DATE OF AWARD ACCEPTED AS 10 ITEMS NUMBERED AMOUNT GOVERNMENT OF THE VIRGIN ISLANDS SUBMIT. INVOICE FOR PAYMENT TO: Government of the United Statés Virgin Islands BY St. Croix, U.S.V.I. Contracting. Officer TERMS AND CONDITIONS OF THE INVITATION FOR BIDS 1. PREPARATION. OF BIDS: (a) Bidders: are expected to:examine the drawings, specifications, invitations, and all instructions. Failure to do so will be at’ the bidder's. risk. {b) Bids must:be in ink or ‘printed of 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.signiig the bid- {n. addition, a statement must be fumished with the bid, sighed by thé bidder explaining the correction of the alteration or erasure. partnership, 4. teller of authofization stall be furnished and signed by-all of the.general pariners. . If the bidder is:a proprietor, and'the-person signing the ‘bid ts other than the owner, a fetter of-authorization signed by the. owner -shall. be furnished. The Contracting, Officer. will retain all such-proof on’fi fi ie for acceptance of future bids, if requested’to do so. (d) The bidder must -sign’ his proposal’ ‘correctly and in. ink. if the proposal. is offered ‘by an individual or ‘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, titlé,.and business address. Anyone: signing @ proposal as agent must fi i@ legal evidence: of his-authority-to do so;. and. that the signature-is ‘binding upon the fim or corporation.. (e) Alternate bids will not be considered unless authorized by the invitation. Alternate bids are those offered which.do not meet the specification and are not. considered’ approved equat to. the-itém specified.. (fy When not. otherwise specified, the bidder must. stale 4. definite time of proposed delivery. (g) Time, if stated as a. number of days will include Sundays and holidays. 2. SUBMISSION OF BIDS: (a) Bids and modifications thereof shall be enclosed in sealed envelopes. addressed to the issuing office, with the name and address of the bidder, the date’ and hour of. opening, and the invitation ” ‘lumber on ‘the face of the ‘Bids shall be submitted 'so..as to be’ envelope. received in the ‘Office ‘of the Contracting Officer not later than'the éxact time:set for: opening of bids. To be considered for award,.a bid must.comply in alt material respects: with the invitation: for bids so that, both as tothe method andtimeliness of submission, ‘ahd as'to the substance of any resulting contract, all bidders. may stand on an equal footing and the ‘maintained. (b) Telegraphic bids ‘shall not be consideféd unless permitted by thé tiivitation for Bids. Where telegraphic bids are’ authotized,.a ‘telegraphic bid received by telephone: from the receiving telegraph office not later:than the time:set for opening of bids,. shall be considered if such bid is confirmed in writing ‘by the’ telegraph. company and by sending a. copy ofthe telegram which forms the basis for the telephone -call, telegraphic notice provided such notice is received pilor-to the. time.set for the opening, of the: bids. (a) : {(c) If the bidder is a. (c) Bids may be. modified by. (SUPPLY CONTRACTS) Sample’ of items, when required, must be submitted: within the fime 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: (e} In.the event no bid is to. be submitted, Bidders are.advised not fo return the Invitation unless: otherwise specified. However, a letter or post card shall be-sent to the Issuing Office: advising whether future. Invitations for ihe type of suppligs. or services covered 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 writen or telegraphic notice provided that such notice is received prior to the time. set for opening of'the bid. 4; LATE.BIDS; (a) Bids. received at the Office of the Contracting Officer after ihe precise.time set in the: Invitation for Bids are late bids. (b} A fate bid’ shall be considered.for award. only if it is. received before. award, and.either; {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, or by telegraph if authorized, and it is.determined that the’ lateness was due solely to.a.delay.in the mails orto a delay by the telegraph company for which ‘the bidder was. not’ Tesponsible; or (ii) If submitted by mail: or .by telegram where. authorized-it' was recelved at the Office of the Contracting .Officer iri sufficient-time to be opened:as required ‘in the Invitation but except for delay due. to mishandling on the: part of the. The only evidence acceptable: to. Government; establish timely receipt at the Office of the Contracting Officer is. that. which can be established upon examination of an appropriate time-stamp or a written, statenient from an official of the U. S. Postal Service. (c) Hand-Carried Bids: A late hand-carried bid, or any olher late:.bid not submitted by mail or telegram, shall not be considered for award. {d) Régistered Mail: The time of mailing’ of a late bid, mailed by registered mail,.may be determined by the. date ofthe pastmark.on the.registered mail receipt.or registered mail wrapper. The time of mailing. stiall be. deemed to be the last minute of the date shown in. such postmark unless the: bidder furnishes evidence: frorn the post office station of mailing which establishes an-eatlier fime. Ifthe postmark does not. show a date, the bid shall be deemed to have been mailed too late unless: the. bidder furiiishes: evidence: from the post office of mailing which establishes fimely mailing: (@) Certified Mail; The time of mailing a.late bid; mailed by Certified Mail for which a postmarked Receipt for Certified Mail was obtained, shall be deemed tobe the last.minute of the date shown on the postmark Gn-such receipt where: 0) the Receipt for Cerlified Mail identifies the post office station of mailing and the biddet fumishes evidence from such station that the business.day of that-station ended al-an earlier 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 in ink on thie 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. (f} Metered Mail: Bids or modifications thereof transmitted in a metered’ envelope received after the time. set for opening will be deemed to 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. (DENTIFICATION OF: OFFER: Bidders shall show brand name, catalog number, model.and.soforth as applicable on bid farm covering the product they. are bidding on and propose to- fumish. If not shown, it will be considered and understood to-be that-the make and model, shown’in the Schedule, as a reference, will be’supplied. 6. CASH DISCOUNT PROVISIONS: {a) Discounts. offered for a period of less thary 20 days will not be considered i in making award, Bids offering discounts: for paymerit 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's not unreasonably nor unduly negligent in. accepting shipment. 7. AWARD OF CONTRACT: {a) Unless all bids aré 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 Goverriment, quality offered, delivery terms and service reputation taken into consideration. (b) The Government may’ award items separately or by grouping items.in total lots, (c) The Government may, ‘during thé term of any contract. entered into, increase -or decrease the quantities but no such increase or decrease will exceed twenty-five (25%) per cent of the quantity. bid upon. 8.. REJECTION OF BIDS: The- Government. may, after opening but-prior to award-and. within the time specified for acceptance, reject any or all bids, or the: bid for-any one or more commodities: or contracted services included in the proposed contact, wren the public interest will be: served. thereby. 9. PRICES: (a) All prices. bid shall be firm and’ not subject to increase if accepted during lhe-acceptarice period. Bids contaifing an-“escalation clause" will not. be considered unless specifically authorized by the Gavernment in the: Invitation for Bids. (b} For each item bid, a-unit:price and a total for the: quantity must be'stated. The.unit price. shall alwayS contral, (c} All prices’ shall: be F.0.B. (Free. On Board) destination. The seller hereunder must at his.own expense and risk, trarisport the goods to ‘the named place and there tender. delivery. (CONTINUATION SHEET) sistent Contract, Order, or Invitation No. Page November 1949 Edition CONTINUATION SHEET (As Applicable) oe aon tae SUPPLY CONTRACT 2018-2019 36-104. Rev. 3-16-08 Item No. Description of Item QTY UNIT JUNIT PRICE] AMOUNT Nutrient Analysis Content: Please submit the nutrient analysis/nutritional facts for all commodities that your company has been awarded. This information is needed to operate within the Federal guidelines. All food items must meet USDA guidelines for reduction in sodium and saturated fats. Food items must meet caloric intake. MILK - SHELF STABLE - MEALS (BREAKFAST, LUNCH, SNACK)- STX Milk, White, Low Fat, 1%, 80z individual units, Shelf Stable; 27 - 80z units per case Brand Name: \— 90,000 Cs. Milk, Strawberry, Fat Free, Flavored, 80z individual units, Shelf Stable; 27 - 80z units per case Brand Name: Iho 90,000 Cs. Milk, Chocolate, Fat Free, Flavored, 80z individual units, Shelf Stable; 27 - 80z units per case Brand Name: loo 90,000 Cs. Milk, Banana, Fat Free, Flavored, 80z individual units, Shelf Stable; 27 - 80z units per case Brand Name: | 90,000 Cs. SHIPPING AND DELIVERY REQUIREMENTS Shipping/handling costs, fees must be figured into price. Delivery must be door to door. Indicate number of cases per pallet and number of pallets per 40ft container. 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 MIALING ADDRESS ONLY WILL NOT SUFFICE. BIDDERS MUST INSERT THEIR E.!.N.-EMPLOYER'S IDENTIFICATION NUMBER ON PAGE 1 IN THE SECTION} Name of Bidder: 4 (CONTINUATION SHEET} Form 86 ‘Contract, Order, or Invitation No. Page November 1849 Edition CONTINUATION SHEET (As: Applicable) Genera! Servicas Admirigicition SUPPLY CONTRACT 2018-2019 ed: Proc. Reg. {41 GFR) 118,107, 104. Rev. 3-18-08. litem No. Description of Item QTY UNIT |UNIT PRICE] AMOUNT WHERE THE COMPANY'S NAME AND. ADDRESS IS REQUIRED PROSPECTIVE BIDDERS WILL BE REQUIRED TO FURNISH THE FOLLOWING. DOCUMENTS WITH THEIR SUBMITTAL: MANDATORY A. ARTICLES OF INCORPORATION, IF APPLICABLE 1B. CURRENT VALID BUSINESS LICENSE jC. CERTIFICATE OF GOOD STANDING D. CORPORATE RESOLUTION EVIDENCING THE DIRECTORS/OFFICERS OF THE COMPANY “IT SHALL BE THE BIDDERS’ RESPONSIBILITY TO DELIVER HIS BID TO THE DESIGNATED LOCATION. PRIOR TO THE BID TIME SPECIFIED ON PAGE 1 OF THIS BID.” Name of Bidder: STANDARD FORM Approved dy. Comm, of Prop; & Proc. 7-14-71 Revised: 3-18-08 GENERAL. PROVISIONS (SUPPLY CONTRACT) 1. DEFINITIONS. As Used throughout this contract, the following terms. shall have the meaning set forth below: The.term “Contracting. Officer” means the Commissioner of the Department of Property: & Procurement; and the.term. includes, except as. otherwise provided in the ‘contract, the authorized representative of the Contracting Officer acting within the limits of 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 of more of the: following: (i) Drawings, designs, ‘or specifications where the- supplies tobe furnished are to. be specially manufactured for the Government in accordance therewith; (ii) method of shipment or packing; and (iii) place of delivery. If any such change causes an increase’ or decrease’ in the cost of, or the time required for, the performance of any part of the work under this contract, whether changed or not changed by any such order, an equitable adjustment shal] 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 “Disputes.” However, nothing in this clausé shall excuse the Contractor: from proceeding with the contract as‘changed. 3. EXTRAS Except. as otherwise provided in this.contract, no. payment for.extras shall be: made unless such extras and the price thereof’ have been authorized in writing by the Contracting Officer. 4. VARIATION IN. QUALITY No variation inthe 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 processés, 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) :shall be subject to Government on the premises 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 tight 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 expense of ‘the Contractor promptly after notice, shall not thereafter be tendered for acceptance unless the former. rejection or requirement of correction is disclosed. If the Contractor. fails promptly to remove such supplies or lots of supplies which are required to be removed, or promptly to replace or correct such supplies or lots of supplies, the Government either (i) may by contract or otherwise replace or correct such supplies and charge to the Contractor the cost occasioned the. Government thereby, or (ii) may terminate this contract for default as pro- vided in the clause of this contract entitled "Default." Untess the Contractor corrects or-réplaces 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 circumstarices, Failure to agree to. such reduction of price shall be a dispute concerning a question of fact within .the meanirig of the clause of this.contract entitled "Disputes." (c) If aiiy change. inspection or test is made by the of the Contractor of 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 inthis ‘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 Govérnment 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 reiitspection 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 liability on the Government therefor: STANDARD FORM Approved by ; Comm. of Prop; & Prog, 7-14-71 Revised: 3-18-08 (d) The: inspection and test by the Government of any supplies or Jots thereof does not relieve the Contractor from any responsibility regarding defects or. other failures to meet the contract requirements which may. be discovered prior to acceptance. Except as otherwise provided in this contract, acceptance shall be-conclusive except as regards latent defects, fraud, or.such gross mistakes as amount to fraud. (e) The Contractor shali 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. thereof 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. from the negligence of officers, agents, or employees of the Government acting within the scope of their employment; and (iii) the Contractor shall bear all risks as to rejected supplies after notice of rejection, except that the Government shall be responsible ‘for the. loss, or destruction of, or damage to the. supplies only: if such loss, destruction: or damage results from the gross negligence of officers, agents, or employees of the Government acting within the scope of their employment, 7. PAYMENTS The Contractor shall be paid, upon the submission of proper invoices or vouchers, the prices stipulated herein for ‘supplies delivered and accepted or services: rendered and accepted, less deductions, if any, as herein provided.. Untess -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 for: accepted partial deliveries shall be madé whenever such: payment would -equal or exceed either $1,000 or 50 percent of the total amount-of'this contract. 8. ASSIGNMENT OF CLAIMS (a) Pursuant:to the provisions of the Assignment of Claims Act (5-VIC 1201 et. Seq.) if this. contract provides for payments ‘aggregating $1,000 or more, claims for moneys due or fo ‘become due to the Contractor ‘from the Government under this contract may. bé 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.réassignment 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 Subcontract. The: term 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 shaJk 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 shail promptly furnish such additional security as. may be required from time to time to protect the interests of the Government and of persons supplying labor or materials in the prosecution of the work contemplated by this contract. 10. EXAMINATION OF RECORDS (The. following clause is applicable if the amount of ‘this ‘contract exceeds $1,000.00 and was entered into by means of hegotiation, but is not applicable. if this contract was entéréd into by means of formal advertising.) (a) The. Contractor agrees that the Govérnment Comptroller of the U. 'S.. Virgin Islands or any of his duly authorized representatives. shall, until the expiration of thrée years after final payment under this contract, have'access to and the right to: examine any directly pertinent books, ‘documents, papers, and records of the Contractor involving transactions. related to this contract. (b) The Contractor further agrees ‘to include. in all his subcontracts: hereunder a -provision to the effect that the. subcontractor. agrees that: the Government Comptrofler of the Virgin Islands or any of his: duly authorized representatives shall, until the. expiration: of three years :after final payment under the subcontract, have access to. and the right to éxamine any directly pertinent books, documents, papers, and records of such subcontractor, involving transactions related to. the “subcontract” as used: in this clause excludes (i). purchase orders not exceeding $1,000 and (ii) subcontractors or purchase orders for public utility services at rates established for uniform applicability to the general public. 11.. DEFAULT {a) The Government may, subject to ‘the provisions of paragraph (c) below, by written notice of default to the. Con- tractor, terminate the whole or any. part of this’ contract in any oné of the following circumstances: (i) if the Contractor fails ‘to make. delivery of the sup- plies or to perform the services within the time specified herein or any extension thereof; or (ii) if the Contractor fails to perform any. of the other provisions of this contract, or so fails to. make progress as to endanger performance of this contract in accordance with its terms, and in either of these two circumistances.does not cure ‘STANDARD FORM Approved by, Comm: of Prop, &-Proc, 74-71 Revised; 3-18-08 such failure within a period-of 10 days.(or such longer period as the Contracting Officer may. authorize. in writing) after receipt of notice from the Contracting Officer specifying:such failure. (b} In the event the Governiment'terminates this contract in whole of 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 Contiactor 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 ‘mist be. beyond the control and without fault or- negligence .of the Contractor: If the failure'to perform is caused by the default of a subcotitractor, and if such default arises out of causes beyond the control of both the Contractor and subcontractor; and with- out the fault or negligence of either of them, the Contractor shall not be liable for any excéss costs. for failure to petforri, unless the supplies or service fees to be furnished by the sub- contractor was, obtaitiable. 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 Coniractor to transfer title and deliver to the Government, in the. manner and to the: extent directed by the Contfacting Officer, (i) any completed supplies, and (ii) such partially. completed supplies and materials, parts, tools, dies, jigs, fixtures, plans; drawings; information, ‘and = contract’ ~rights (hereinafter called: "manufacturing materials") as‘the Contractor has specifically produced or specifically acquired for the performance of such: part of this. contract as has been terminated; and the Contractor shall, upon direction. of the Contracting Officer, protect and preserve property ‘in possession of the Contractor in which the. Government. has. ah interest. Payment for completed supplies delivered to and accepted by. the Government shall be at the contract ‘price. Payment. for manufacturing materials ‘delivered to and accepted by the Government ‘and for the protection and preservation of property shall be in an amount agreed upon by the Contractor and Contracting-Officer;. failure. to. agree. to ‘such amount shall be a dispute concerning a question of fact within. the meaning of the clause of this contract entitled. "Disputes." The Government may withhold from.amounts otherwise due the. Contractor for such completed. supplies or manufacturing materials such sum as the. Contracting Officer ‘determines to be. necessary to protect the Government against loss because of outstanding liens oi:claims of former lien holders. (e) If, after notice of termination of this contract under the provisions of this clause, it.is determined for.any reason that the Contractor was. not. ii default under the provisions of this clause, or that the default was excusable. under the provisions of this clause, the rights and obligations of thé. parties-shall, if the contract contains a clause providing for termination for convenience of the Government, be tlie same as if'the notice of termination had been issued: pursuant to such clause. If, after notice. of termination of this contract under the provisions of this. clause, it is determined for any-teason that the Contractor was not in-default under the provisions of this clause, and if this contract does not contain a'clauseé providing for termination.for convenience of the Government, the contract shall be equitably adjusted to. compensate for such termination-and the contract modified accordingly; failure to agree to any such adjustment Shall be a dispute concerning a question of fact: within the meaning of the.clause of this contract entitled “Disputes.” (f) The rights and remedies of the Government provided ‘in: this. clause-shall not be exclusive-and are in addition to:aity other rights. and remedies provided by law or under this contract. 12, DISPUTES (a) Except as otherwise provided in this contract, any dispute: concerning a question of fact arising under this contract. ‘which is not disposed of byagréement 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. The decision of the: Contracting. Officer shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the. Contractor mails or otherwise furnishes: to the Contracting Officer a written appeat addressed to the Attorney General. The decision of the Attorney General or: his daly 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 substaritial evidence. In connection with any appeal proceeding under this clause, the: Contractor shall be afforded an opportunity to. be heard. and to offer-evidence:in.support-of his appeal. Pending final decision of a. dispute: hereunder, the Contractor’ shall ‘proceed diligently with. the performance of the contract and in accordance with the Contracting Officer's decision. (b) This “Disputes” clause does not preclude consideration of law questions in connection with decisions provided for in paragraph (a) above:- Provided, That. nothing in this. contract shall be construed a£ making final the decision of any administrative official, representative, or-board on.a question of law. 13. NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT The provisions of this.clause shall be applicable only if the amount of this contract exceeds $10,000. STANDARD FORM Apptoved by Comm. 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 inftingement arising: out of the performance of this contract-or out of the use of any supplies furnished..or work or sefvices performed heye- 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 has agreed to indemnify the Government. 14, BUY AMERICAN ACT (a) In. acquiring end products, the Buy American Act {41 U.S. Code 10aiid) 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;. {it) “end products” means. those .arti¢les, 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 50 percent of the cost of all its components. For the purposes. of this (a) Gii). {B), components of foreign origin of the same type or kind as the products referred to in (b) Gi) or Gii) of this clause shall be treated as components. mined, produced, or manufactured in the United. States. (b) The Contractor agrees that there will be. delivered under this contract only domestic source end products, except ‘end products; (i) which are for use outside:the United States; (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; (ii) 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 requiremetits 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 uridergoing sentence.of i imprisonment at hard labor. 16. OFFICIALS NOT TO BENEFIT No member of the Legislature, or Delegate to the United States Congress, or official or employee of the Executive Branch of the Government. of ‘the Virgin Islands, shall be admiited to any share or part of this: contract, or to any benefit that may arise therefrom, but this provision shall not be: construed to.extend to this.contract if made with a corporation for its general benefit. 17. COVENANT AGAINST CONTIGENT FEES. The Contractor warrants that no- person or selling agency has been-employed or-retained to solicit or secure this contract upon an agreement. or understanding. for a commission, percentage, brokerage, or contingent fee, excepting. bona fide employees or bona. fide-established commercial or selling agencies Maintained by the. Contractor for the purpose. Of securing business. For breach or violation of this warranty the Government shall have the right to annul ‘this contract without liability or in-its discretion to deduct from the contract price: or consideration, or otherwise recover, the full amount of such ‘commission, percentage, brokerage, or contingent:fee, STANDARD FORM NO. DPP—TC-54-75 APPROVED i0-2-74 COMMISSIONER OF DPP- REVISED 3-18-08: GENERAL PROVISIONS (SUPPLY CONTRACT) TERMINATION OF CONTRACTS 18. CONVENIENCE OF THE. GOVERNMENT (a) (b) 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 conitract.is terminated, and the date upon which such termination becomes. effective. After receipt of a Notice of ‘Termination, and excepi 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 Notice 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 undér thé 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 Notice-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, work in progress, completed work, supplies, and other material produced as:a part of, or acquired in connection with the performance of, the work. terminated by the Notice of Termination, and (B) the completed or ‘partially STANDARD FORM NO. DPP - TC-54-75 APPROVED 10-2-74 COMMISSIONER OF DPP REVISED 3-18-08 {c) (d) completed plans, drawings, information, and other property which, if the contract had been completed, would have been required to be furnished to the Government. (vil) 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 pricé 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 io. 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 sliall be-submitted promptly but in no event later than one year from the effective date of termination, unless one or mote extensions in writing are granted by the Commissioner of Property. and Procurement, upon request of the Contractor made in writing within such one year. period or authorized extension thereof. However, if the Commissioner. of Property and Procurement determines that the facts justify such action, he may receive and act upon failure of the Contractor to submit his termination claim within the time allowed, the Commissioner of Property and Procurement may determine, on the basis of information available to him, the amount, if any, due to the Contractor by any reason of the:termination and shall thereupon pay to the Contractor the amount so determined. Subject to the provisions of paragraph (c), the Contractor and the Commissioner of Property and Procurement may. agree upon the whole or any part of the amount or amounts:to be. paid to the Contractor by reason of the total or partial termination of work pursuant to this clause, which amount or amounts may include a reasonable allowance for profit on work done; provided, that such agreed amount or amounts, exclusive of settlement costs, shall not.exceed the total contract price as reduced by the amount of payments: otherwise. made: and as further reduced by the contract price of work not terminated. The contract shall be amended accordingly, and the Contractor shall be paid the agreed-amount. Nothing in paragraph (e) of this clause, prescribing the amount to be. paid to the Contractor in the event of failure of the Contractor and the Cominissioner of -6- STANDARD FORM NO. DPP ~ TC-54-75 APPROVED 10-2-74 COMMISSIONER .OF DPP REVISED 3-18-08 (e) Property and Procurement to agree upon the whole amount.to be paid to the Contractor by reason of the termination of work pursuant to this clause, shall be deemed to limit, restrict or otherwise determine or affect the amount or amounts which may bé agreed to be paid to the Contractor pursuant to this. paragraph (d): In the event. of the failure of the Contractor and the Commissioner of Property and Procurement to. agree. as provided in paragraph (d) upon the whole.amount to be paid to the Contractor by reason of the. termination of work pursuant to this clause, the Commissioner. of Property and Procurement shall pay 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) (B) (C) 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; 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 reducitig the atnount of the settlement to reflect the indicated rate of loss; and Gii) the reasonable costs of settlement, including accounting, legal, clerical and other expenses reasonably necessary for the preparation of settlement claims and supporting data with respect to the terminated portion of the contract and for the termination and settlement of subcontract thereunder, together with reasonable storage, transportation and other costs incurred in connection with the protection or disposition of property allocable:to this contract. DPP-NCA-52-75 REVISED: 3-18-08 GOVERNMENT OF THE VIRGIN ISLANDS DEPARTMENT OF PROPERTY AND PROCUREMENT NON-COLLUSION AFFIDAVIT 0: deseeeeee being duly swom, deposes and says that — (1) He is [owner, partner, officer, representative, or agent] Of ............cccccceesebes cece ressednesnnearentonsee chs isaeeguvewssecuasenes fen aee vec eteenesereetseestrseeeveseeeeteioeseceese thee bidder that has submitted that attached bid; (2) He is duly informed respecting the preparation and contents of thé attached’bid and of all pertinent circumstances respecting such bid:. (3) Such bid is genuine:and is nota collusive or sham bid: (4) Neither the said bidder.nor any of its officers, partners, owners, agents, representatives, employees orparties ini nterest, including: this affiant, has in any way colluded; conspired, connived or agreed, directly or indirectly with any: other bidder, firm or person to submit a collusive or’sham bid in connection with the contract for which the attached bid has been submitted or to refrain from bidding in connection with such contract, or has in any manner, directly or indirectly, sought by: agreement or collusion or communication or conference with any other bidder, firm or person to'fix the price or prices in'the attached bid or of any other bidder, or to. fix any overhead, profit or cost element of the price or the bid price of any other bidder, or to secure through any collusion, conspiracy; connivance or unlawful agreement. any advantage. against The Government of the Virgin Islands or any-person interested in the: proposed contract; and (5) The ‘price or prices quoted: in the attached bid are fair and proper and are. not tainted by any collusion,: conspiracy, connivance or unlawful agreement on the part of the bidder or any of its. agents,. representatives, owners, employees, or parties in interest, including this affiant. Signature of Affidavit SUBSCRIBED AND SWORN to before-me this.......... evces GAY OF oe ce cic cce cece cee vesenssentuasvacvesseedavers Notary Public