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• OPCMR GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED ST A TES --- 0 --- DEPARTMENT OF PROPERTY AND PROCUREMENT SUPPLY CONTRACT No. S071BDPPC21(HH) This AGREEMENT, made this ............25th... day of () c,,. :\-v b.w- , 2ot?-- I for the Purchase and Delivery of Tires and Batteries in the St. Croix District by and between the Government of the Virgin Islands, (hereinafter called the "GOVERNMENT", and Tropic View Estates, LTD dba HH Tire and Battery, whose address is 6004 Estate Pearl Christiansted, VI 00820 hereinafter called the "CONTRACTOR", WITNESSETH: For, and in consideration of the acceptance of the Contractor's proposal, under Invitation for Bids No. IFB086DPPC21{S) opened on September 16, 2021 and the award of this contract to the Contractor, notification hereof having been made to the Contractor on September 28, 2021, and, in further consideration of the covenants and agreements of the Parties herein contained, to be well and truly observed and faithfully kept by them, and each of them, it is mutually agreed between the Parties as follows: SECTION 1. That for and in consideration of the price or prices and agreement in this bid hereto attached and made a part of this Contract, the said Contractor agrees to furnish and deliver any or all of the commodities described in the said Invitation for Bids No. IFB086DPPC21{S) and the Scope of Work (Addendum I) at the price or prices stated therein and in strict accordance with the conditions of said accepted bid. The Advertisement, Invitation for Bids, Scope of Work (Addendum I), General Provisions (Addendum II), Termination of Contracts (Addendum III), Provisions from 2 CFR 200 - Appendix II (Addendum IV), any Supplemental Provisions and Specifications and the Purchase Order, including any change thereof, are all part and parcel of this Contract and are by this reference, incorporated in this Contract as fully and effectively as if set forth in detail herein. SECTION 2. The Government, for and in consideration of the full and true performance of the work by the Contractor, agrees to pay the price or prices set forth in the attached Invitation for Bids and the line items as indicated in Addendum I (Scope of Work), in lawful money of the United States, and the payment shall be made at the time and in the manner set forth in the Invitation for Bids and the General Provisions. S071BDPPC21(HH) IFB086DPPC21(S) lnitial:1/1-- OPCMR SECTION 3. This Contract shall commence on October 1, 2021, and shall terminate on September 30, 2022, unless mutually extended or terminated by the parties. The services under this contract shall be for a period of_one (1) year with a renewal option for a period of one (1) year. 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 the date of termination shall be 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 balances or additional quantities at contract price or prices and in accordance with the contract terms. SECTION 5. Failure of the Contractor to deliver within the time specified, or within a reasonable time as interpreted by the Government, or failure to make replacement of rejected commodities when so requested, immediately or as directed by the Government, will constitute authority for the Government to purchase in the open market to replace the commodities rejected or not delivered. The Government reserves the right to authorize immediate purchases in the open market against rejections on this contract when necessary. On all such purchases, the Contractor agrees promptly to reimburse the Government for excess costs occasioned by such purchases. Such purchases will be deducted from contract quantities. However, should public necessity demand it, the Government reserves the right to use or consume commodities delivered which are substandard in quality, subject to an adjustment in price to be determined by the Government. SECTION 6. By execution of this contract, the Contractor certifies that it is eligible to receive contracts awarded using federally appropriated funds and that it has not been suspended or debarred from entering into contracts with any federal agency. The Contractor shall include this provision in each of its subcontracts hereunder and shall furnish its subcontractors with the current “LIST OF PARTIES EXCLUDED FROM FEDERAL PROCUREMENT OR NON- PROCUREMENT.” In the event the Contractor or any subcontractor misrepresents its eligibility to receive contract awards using federal funds, the Contractor or subcontractor agrees that it shall not be entitled to payment for any work performed under this contract or any subcontract and that the Contractor or subcontractor shall promptly reimburse the Government of the Virgin Islands for any progress payments heretofore made. SECTION 7. Contractor warrants that it shall not, with respect to this Contract, make or present any claim upon or against the Government of the Virgin Islands, or any officer, S071BDPPC21(HH) 2 Initial / ; ‘ IFB086DPPC21(S) OPCMR 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. SECTION 9. All quantities listed in this Contract are estimates only. The Government will purchase items based on its actual needs, which may or may not amount to the total estimated quantities. The Contractor shall only fulfill orders in accordance with approved purchase orders issued by the Government. SECTION 10. Contractor shall submit invoices on a biweekly (every two (2) weeks) basis and addressed to the Department of Property and Procurement. The Government will pay Contractor upon receipt of properly completed invoices that; references the date of the purchase/s, the Department making the purchase, quantities, the line item number of the good/s referenced in Contractor’s contract and shall include the cost of the awarded line item. Monthly consolidated invoice/statement must be sent via email to fiscal@dpp.vi.gov with a cc to transportation@dpp.vi.gov for all completed service and filled orders for all Tires, Batteries, and Oils & Lubricant Supply Contracts with the following details: a. Billing Period b. All Tires, Batteries, and Parts — Tire Size, Brand, Contract Line Item, Cost, Extended Cost, — total # of tires purchased per line item c. Labor/Service Fees x Cost (if applicable by Service Type Alignment, Rotation, etc.) — Extended Cost Disposal Fees — total e. Total Amount all Costs Individual invoice/receipts should be mailed to DPP and should include: a. Dept/Agency serviced b. Date c. Tire/Battery Size & Brand + Contract Line Item# or Product — Contract Line Item# Service (if applicable) Quantity Cost per Item Extended Cost Total Cost GVI employee signature, date, and employee # acknowledging receipt of parts/service S071BDPPC21(HH) 3 Initial a” j IFB086DPPC21(S) mg mo o OPCMR SECTION 11. This Contract is subject to the appropriation and availability of funds and to the approval of the Commissioner of the Department of Property and Procurement. SECTION 12. The following insurance coverages are required by Contract and Contractor shall maintain these insurance coverages during the term of this Contract. (a) COMMERCIAL GENERAL LIABILITY: Commercial general _ liability insurance, in a form acceptable to the Government, on a “per occurrence” basis with a minimum limit of not less than one hundred thousand dollars ($100,000.00) for any one person per occurrence for death or personal injury and one hundred thousand dollars ($100,000.00) for any one occurrence for property damage. Insurance policy(ies) shall name the Government of the Virgin Islands as the certificate holder and additional insured via an endorsement. (b) WORKERS’ COMPENSATION: Contractor shall supply current coverage under the Government Insurance Fund or other form of coverage SECTION 13. Either Party may terminate this Contract for cause by providing ten (10) days written notice to the other party specifying the date of termination. The Government may also terminate this Contract for convenience on ten (10) days written notice in accordance with the Provisions of Addendum III (Termination of Contracts). SECTION 14. A facsimile, electronic or digital signature on this Contract shall be deemed an original and binding upon the Parties hereto. SECTION 15. This Contract shall become effective immediately upon and as of the day of signature by the Commissioner of the Department of Property and Procurement. SECTION 16. NOTICE OF FEDERAL FUNDING. Contractor acknowledges that this Contract may be funded, in whole or in part, by federal funds. Contractor warrants that it shall not, with respect to this Contract, make or present any claim knowing such claim to be false, fictitious, or fraudulent. Contractor acknowledges that making such a false, fictitious, or fraudulent claim is a federal offence. S071BDPPC21(HH) 4 Initial tA IFB086DPPC21(S) OPCMR IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands on the day and year first above written. Witnesses: GOVERNMENT OF THE VIRGIN ISLANDS Mtn Dd. Cobra 1012510021 seme eee eeeeeeeee eee eee eeeee By: Anthary D. Thomas Date Commissioner POSES ES teed Ll OSs Department of Property and Procurement Witnesses: CONTRACTOR Ch- jo/ [4 /\ Demme wee m ewww wee eeene By Kevirt Hensley Date President Nahe Tropic View Estate, LTD dba HH Tire & Battery (Corporate seal, if Contractor is a corporation) S071BDPPC21(HH) Initial Sy IFB086DPPC21(S) OPCMR Addendum I Scope of Work The Contractor shall supply the following line items to the Government in the quantities ordered by the Government at the prices quoted in Contractor’s bid in response to IFB No. IFBO86DPPC21(S), which is attached hereto and incorporated by this reference: Line Items Awarded for Tires: 20*, 33#, 38*, 40*, 50*, 51*, 53*, 54*, 56*, 57*, 58*, 59*, 63*, 66*, 67*, 83#, 844, 85#, 86#, 87#, 88*, 89#, 90#, 92#, 94#, 95*, 97*, 98*, 100#, 1014, 102*, 103*, 105*, 106*, 107*, 108#, 109*, 110*, 111*, 112*, 113*, 115#, 117#, 1184, 120*, 122*, 123*, 125* 126*, 127*, 131*, 132* Line Items Awarded for Batteries: 5*, O#, 13#, 15#, 16*, 18#, 19#, 20#, 214, 22#, 23#, 24#, 27* Meaning of Symbols * Lowest Bidder ii Only Bidder S$071BDPPC21(HH) 6 Initial : ; ‘ IFB086DPPC21(S) OPCMR ADDENDUM II COMPENSATION The Government, in consideration of the satisfactory performance of the services described in the bid’s Scope of Work, agrees to make progress payments based on the invoices submitted by the Contractor, Tropic View Estates, LTD dba HH Tire & Battery. The parties further agree that payments will be made in accordance to actual work performed. S$071BDPPC21(HH) 7 Initial dL, IFB086DPPC21(S) [emererermee BID CONTINUATION SHEET Foenert Services Adrariraion Supply Contract ‘cer llama Tires & Related Services OPCMR Grade of nhtsa. The bidder shall specify the tire cost per unit, tire plug fee, disposal fee (for replacement tires), and other services (where applicable) - completed via in manual print , or printed in ink, er nts Rome ee See ee ee een for p g the typewritten, all tires which can be found at online at: https:// ITEM NO. ‘SUPPLIES OR SERVICES QTY. Le A SE RT Ti 225/70R 19.5LT 10 ply Traction oa _ eee 15 N/A {155 Tires, 235 /75R 17.5 (used for a Flatbed Trallor, Low Boy) LT 8 ply N 33 Yocrrd / Cooper! 1 Cor = i 5 N/ ”) hredton’T perature Grade 20 ls A, * resionTiveedi Grade: 40 Js |5 ,155 ies, 3067010 haan BN) Pla = eciGrTTinenalT aparalins Grads 75 15 bz Me, Goodyeer | Cooper IK = : ea oe IW S Name of Bidder: IFBO86DPPC21(S) Ranta BiD CONTINUATION SHEET Page No ere Sore Aaroueaten Supply Contract Te aaa eleara S 8 PO areadiapemnoee « ca__|srease g fe Is IS L 2 Tires, 256 /70R 225, Highway Rascial, 16 ply MER: 1 Cooper 10 Ye P 54 recion Thread Grade’ 200 Ea___}s244.00__Is. 2O Js, W A 09 a esas 2 5 INO. a ca__|steo.00 ls IS 1,9 Pe ssarimaatenpeate Sie 6 ca__|renso _fs a) Is |5 bed Town 206/708 17 LT 10 py A io 5 | “e 6 15 hos Hraction/Thread/T Grade . te 275 Pe = cd piso ts 45, Js. ee Ee, 16-Ply m — N/ * rostoniTineeaT Grade, 200 Ea LZO Is Is__- A 1159 FR: Goodyesr / Cooper Brkigestone / N / “ recon’ Tirana amparare Grea: 25 ca___ $444.00 LAS is Is“ A 195. Name of Bidder: IFBOB6DPPC21(S) S$071BDPPC21(HH) 8 initial OE IFB086DPPC21(S) OPCMR cco savas Aometarvien Supply Contract 7 Fred Proc Reg (41 OR) 1-16 107] 10-08 Tires & Related Services © emiaienw oem _ | pro 99 DAA Tires, 700 X 15, &-Ply Traction MFR: “ Riniveiinnan Gna 20 Ea $165.00 6 js. Us ee 9 N/s |N INO: MFR: 8 INo action Threadt Grade. 6 Ea 5229.00 Tires, 750 X 18 (Used for a Tractor) GB {TractioThread/Temperature Grade, 10 Ea 165.00 a — 10 ca |soo000 Is 15 “+ WA WA Tees, 980% 16.5, @Ply Hwy N/, Wf, 8 POs riesatepemn Goa » camo 15 ls ls_- A Is A ies, 1000 x 16 F:2 (eed fora Tractor 18 ply N/, * eov ine Grade: 10 Ea Js14000___|s 19 Js. Js A _t Name of Bidder: IFBOB6DPPC21(S) — fom BID CONTINUATION SHEET Page No Supply Contract Fed. Proc Reg 441 OFR) +19 Re +1008 ‘Tires & Related Services ’ — 3 » |e dO “A A i aliehiababaanid a a a % ecianitiveeaT Grade: 20 Ea. }ss6s.00 LAS L Is ls Tires, 10.00/16 18 ply MFR: ee ‘0 ca __leuaoo _|s 20 le W/Z YA Tires, 12.16.5 NHS (used for a Back Hoe) 18 ply R: — job. bel) AZ Tires, 14.9 X 24 (used for a Tractor) 18 ply MFR: _ a | = bee £204 |” ZA; = TV, : rect Tveaa race: 10 Ea. 1$620.00 425 Js eT ae es 3 Tires, 18.4-34 (used for a Tractor) 18 ply ——— ete bee £30, WAY Is Is“ Name of Bidder: IFBO86DPPC21(S) S071BDPPC21(HH) 9 Initial th j IFB086DPPC21(S) Fred Proc Reg (41 OFR) 1-16 107| Rev 318-08 rrearemer BID CONTINUATION SHEET Lenare servons nawrtredon Supply Contract Tires & Related Services OPCMR Page No. Ble74 Tires, 19.5 - L - 24 (used for a Back Hoe) 18 ply MFR: INO. [Tractio/Thread/T Grade: 25 Tires, 31X10, 50R-15M/S 6 ply Traction/Thread/T* Grade: 10 ‘Tires, B-78-13, Boat Trailer MFR: 10 INo [Tractior/T hread/T emperature Grade: 10 ‘Tires, 18 X 8.50-8 Traction (Used on a Golf Cart) MFR: 18 Ino Traction/Thread/T: Grade: Py Tires, 18 X 8.50-8 Turf (Used on a Golf Cart) MFR: 12 |No. Traction Thread/T Grade: 20 Tires, Size 4.10 X 3.50-4 MFR: 188 No. Traction/Thread/T emp. Grade: 2 Tires, Size 13 X 5.00-6 MFR: 108 Ino. Traction/T hread/T emperature Grade: 20 Tires, Size 13 X 6.50-6 (used on Lawn Mowers) 140 |MFR: NO: 20 Name of Bidder: — pe BID CONTINUATION SHEET wee teres, ne Supply Contract Peinw | ‘Tires & Related Services a , Size 16 X 6.50-8 (used on Lawn Mowers) 11 : 20 —— , 24 X 12.00-12 (used an Mowers) im raction/Thread/T emperature Grade: 20 Tires, ST175 / 80 D.13 MFR: 183 Ino Traction/Thread/T Grade: 2 Tires, 255/70R22.5 16-ply z / Ul 1c 25 Sateen [Tractior/Thread/T Grade: 20 Tires, 12/R225 18- ply Traction MFR: 117 no. Traction Thread/T: Grade: 20 Tires, 275/70R22.5 16-ply Hwy MFR: 1 Cooper/ 1c 118 No. TractiorvThread/T: Grade: 20 Tires, 6.50/10 (Fork Lift ) 120 |MFR: INO: 20 Tires, 245/50R 20 (Honda Passport ) : / Ul 1c 12a [MER Grover ones Tractior’Thread/T emperature Grade: 20 Name of Bidder: S$071BDPPC21(HH) 10 Initial i, 7 IFB086DPPC21(S) OPCMR Jetencerd Form 06 BID CONTINUATION SHEET Page No Poverber 1940 Faiton Supply Contract Fev 31 Free Proc Reg (41 OFR) 1-16 107 Tires & Related Services 123 Tires, melee ne bel INO: 1G 195, iTraction/Thread/T emperature Grade: 173.00 p IS Tires, 255 / 65 R 18 ( Explorer ) / IC r Ee 19S Traction/Thread/T Grade: 195.00 16 | 15_|, Tires, 255 / 65 R 17 ( Ford Ranger) MFR: / 1G reckon freed Grade: Ea. $137.00 1S 1155 18. Tires, 205/70 R 16 ( Chevy Trax ) MFR: / 1 ie INO: Traction/Thread/T: Grade: 15, Tires, 255 / 55 R 20 ( Explorer ) Ea 4143.00 r 1S [153 MFR: / Cooper! 1c 15 159 Tires, 255/55R froin’ iveediTamparaiare Grade: MFR: / 20 LT i F-250) 1c 15 159 reo: donv Tinea onpardine Gracie a ae Name of Bidder: IFBO86DPPC21(S) S071BDPPC21(HH) 11 Initial fA IFBO86DPPC21(S) OPCMR REVISED Standard Form 86 BID CONTINUATION SHEET Contract, Order, or Invitation No. Page No. November 1949 Edition (As Applicable) iGeneral Services Administration Supply Contract Fed. Proc. Reg (41 OFR) 1-16 107 7 Rev. 3-18-08 Batteries IFBOS6DPPC21(S) Battery, 12 Volt, Group 85 (Used in a Chevrolet Impala 5 2006-2007, V8 5.3L) = MFR: AC Delco or Deka NO: 100 Ea. $107.00 [S$ Battery, 12 Volt, Group 27, Top Terminal Cranking Performance, 860CCA 2 Imer: NO; 60 Ea. [$150.00 |$ Battery, 12 Volt, Group 4DLT (Used in Heavy 13 Equipment) = MFR: NO: 100 Ea. }$246.00 [$ Battery, 12 Volt, Group N120 (Used in Farm Tractors & Ford New Holland Tractors) 18 Iuer: NO; 100 Ea. [$155.00 {I$ Battery, roup 10 Used in Chevy 46 Silverado 4500 Diesel 6-6) = MFR: AC Delco or Deka NO: ___ 50 Ea. {$155.00 |$ Battery, Group 931 PMF (Used in Generators) 18 MFR: NO: 20 Ea. $153.00 |$ Battery, Group 640 RMF 49 MFR: INO: 20 Ea. _§$138.00 Battery, Group 1131 MF (New Smail VITRAN Buses) 20 MFR: O: 20 Ea. [$153.00 Battery, BTX14-BS (Used in Honda TRX300 ATV's) 21 MFR: NO: a 2 10 Ea. $91.00 [$ Battery, B16B-A1 (Used in Suzuki Boulevard) 22 MFR: NO: 10 Ea. {$98.00 [$ Battery, BT X5L-BS (Used in Kymco People) 23 MFR: INO: 10 Ea. {$110.00 |$ Battery, U1L Battery (Used in Scooters & Lawn ractors) 24 Iwrr: NO: 10 Ea__|s76.00_|s__ Battery, ASM CCA 640 (Top Terminal) 27 Part Number: 85-7YR = MFR: AC Delco or Deka NO: 60 Ea. [$100.00 [S$ Name of Bidder: IFBO86DPPC21(S) S071BDPPC21(HH) 12 Initial Fit IFB086DPPC21(S) STANDARD FORM NO. P & P-GP-15-73 APPROVED: 3-26-73 COMM. OF PROP. & PROC. REVISED: 3-18-08 ADDENDUM Ill 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 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 "Disputes." However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed. 3. EXTRAS Except as otherwise provided in this contract, no payment for extras shall be made unless such extras and the price thereof have been authorized in writing by the Contracting Officer. 4. VARIATION IN QUALITY No variation in the quantity of any item called for by 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. $071BDPPC21(HH) IFB086DPPC21(S) 13 5. INSPECTION (a) All supplies (which term throughout this clause includes without limitation raw materials, components, intermediate assemblies, and end products) shall be subject to inspection and test by the Government, to the extent practicable at all times and places including the period of manufacture and in any event prior to acceptance. (b) In case any supplies or lots of supplies are defective 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 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." Unless the Contractor corrects or replaces such supplies within the delivery schedule, the Contracting Officer may require the delivery of such supplies at a reduction in price which is equitable under the circumstances. Failure to agree to such reduction of price shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes." (c) If any change inspection or test is made by the Government on the premises of the Contractor or a subcontractor, the Contractor without additional charge shall provide reasonable facilities and assistance for the safety and convenience of the Government inspectors in the performance of their duties. If Government inspection or test is made at a point other than the premises of the Contractor or a subcontractor, it shall be at the expense of the Government except as otherwise provided in this contract: Provided, 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 Initial lig STANDARD FORM NO. P & P-GP-15-73 APPROVED: 3-26-73 COMM. OF PROP. & PROC. is necessitated by prior rejection. Acceptance or rejection of the supplies shall be made as promptly as practicable 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. (d) The inspection and test by the Government of any supplies or lots thereof does not relieve the Contractor from any responsibility regarding defects or other failures to meet the contract requirements which may be discovered prior to acceptance. Except as otherwise provided in this contract, acceptance shall be conclusive except as regards latent defects, fraud, or such gross mistakes as amount to fraud. (e) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the supplies hereunder. 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. Unless otherwise specified, payment will be made on partial deliveries accepted by the Government when the amount due on such deliveries so warrants; or when requested by the Contractor, payment for accepted partial deliveries shall be made whenever such payment would equal or exceed either $1,000 or 50 percent of the total amount of this contract. 8. ASSIGNMENT OF CLAIMS (a) Pursuant to the provisions of the Assignment of Claims Act (5 VIC 1201 et. seq.) if this contract provides for payments aggregating $1,000 or more, claims for moneys due or to become due to the Contractor from the Government under this S071BDPPC21(HH) IFB086DPPC21(S) 14 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 additional security as may be required from time to time to protect the interests of the Government and of persons supplying labor or materials in the prosecution of the work contemplated by this contract. 10. EXAMINATION OF RECORDS (The following clause is applicable if the amount of this contract exceeds $1,000.00 and was entered into by means of negotiation, but is not applicable if this contract was entered into by means of formal advertising.) (a) The Contractor agrees that the Government Comptroller of the U. S. Virgin Islands or any of his duly authorized representatives shall, until the expiration of three years after final payment under this contract, have access to and the right to examine 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 Comptroller 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 examine any directly pertinent books, documents, papers, and records of such subcontractor, involving transactions related to the subcontract. The term "subcontract" as used in this clause excludes (i) purchase orders not exceeding $1,000 and (ii) subcontractors or purchase orders for public utility services at rates established for uniform applicability to the general public. 11. DEFAULT (a) The Government may, subject to the provisions of paragraph (c) below, by written notice of default to the Con- tractor, terminate the whole or any part of this contract in any one of the following circumstances: tnitiaa LF STANDARD FORM NO. P & P-GP-15-73 APPROVED: 3-26-73 COMM. OF PROP. & PROC. (i) if the Contractor fails to make delivery of the sup- plies or to perform the services within the time specified herein or any extension thereof; or (ii) if the Contractor fails to perform any of the other provisions of this contract, or so fails to make progress as to endanger performance of this contract in accordance with its terms, and in either of these two circumstances does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure. (b) In the event the Government terminates this contract in whole or in part as provided in paragraph (a) of this clause, the Government may procure, upon such terms and in such 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 liable 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 specifically produced or specifically acquired for the performance of such part of this contract as has been terminated; and the Contractor shall, upon direction of the Contracting Officer, protect and preserve property in possession of the Contractor in which the Government has an interest. Payment for completed supplies delivered to and accepted by the Government shall be at the contract price. Payment for manufacturing materials delivered to and accepted by the Government and for the protection and preservation of property shall be in an amount agreed upon by the Contractor and Contracting Officer; failure to agree to such $071BDPPC21(HH) IFB086DPPC21(S) 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 or 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 in default under the provisions of this clause, or that the default was excusable under the provisions of this clause, the rights and obligations of the parties shall, if the contract contains a clause providing for termination for convenience of the Government, be the 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 reason that the Contractor was not in default under the provisions of this clause, and if this contract does not contain a clause providing for termination for convenience of the Government, the contract shall be equitably adjusted to compensate for such termination and the contract modified accordingly; failure to agree to any such adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes." (f) The rights and remedies of the 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 contract which is not disposed of by agreement shall be decided by the Contracting Officer, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof 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 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 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. tnt PE STANDARD FORM NO. P & P-GP-15-73 APPROVED: 3-26-73 COMM. OF PROP. & PROC. 13. NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT The provisions of this clause shall be applicable only if the amount of this contract exceeds $10,000. (a) The Contractor shall report to the Contracting Officer, promptly and in reasonable written detail, each notice or claim of patent or copyright infringement based on the performance of this contract of which the Contractor has knowledge. (b) In the event of any claim or suit against the Government on account of any alleged patent or copyright infringement arising out of the performance of this contract or out of the use of any supplies furnished or work or services performed here- under, the Contractor shall furnish to the Government when requested by the Contracting Officer, all evidence and in- formation in possession of the Contractor pertaining to such suit or claim. Such evidence and information 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 10aid) 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; (ii) "end products" means those articles, materials, and supplies, which are to be acquired under this contract for public use; and (iii) "a domestic source end product" means (A) an un- manufactured end product which has been mined or produced in the United States and (B) an end product manufactured in the United States if the cost of the components thereof which are mined, produced, or manufactured in the United States exceeds 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; $071BDPPC21(HH) IFB086DPPC21(S) 16 (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; (iii) as to which the Secretary determines the domestic preference to be inconsistent with the public interest; or (iv) as to which the Secretary determines the cost to the Government to be unreasonable. (The foregoing requirements are administered in accordance with Executive Order No. 10582, dated December 17, 1954.) 15. CONVICT LABOR In connection with the performance of work under this contract, the Contractor agrees not to employ any person undergoing sentence of imprisonment at hard labor. 16. OFFICIALS NOT TO BENEFIT No member of the Legislature, or Delegate to the United States Congress, or official or employee of the Executive Branch of the Government of the Virgin Islands, shall be admitted to any 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. Initial CH STANDARD FORM NO. DPP — TC-54-75 APPROVED 10-2-74 COMMISSIONEER OF DPP REVSIED 3-18-08 ADDENDUM IV TERMINATION OF CONTRACTS 0 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) 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 under the contract as is not terminated; (iii) | terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the 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 17 S071BDPPC21(HH) Initial Lt IFB086DPPC21(S) STANDARD FORM NO. DPP — TC-54-75 APPROVED 10-2-74 COMMISSIONEER OF DPP REVSIED 3-18-08 performance of, the work terminated by the Notice of Termination, and (B) the completed or partially completed plans, drawings, information, and other property which, if the contract had been completed, would have been required to be furnished to the Government. (vii) use his best efforts to sell, in the manner, at the times, to the extent, and at the price or prices directed or authorized by the Commissioner of Property and Procurement, any property of the types referred to in (vi) above; provided, however, that the Contractor (A) shall not be required to extend 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 part of the work as shall not have been terminated by the Notice of Termination; and (ix) take such action as may be necessary, or as the Commissioner of Property and Procurement may direct, for the protection and preservation of the property related to this contract which is in the possession of the Contractor and in which the Government has or may acquire an interest. (c) After receipt of the Notice of Termination, the Contractor shall submit to the Commissioner of Property and Procurement his termination claim, in the form and with certification prescribed by the Commissioner of Property and Procurement. Such claim shall be submitted promptly but in no event later than one year from the effective date of termination, unless one or more extensions in writing are granted by the Commissioner of Property and Procurement, upon request of the Contractor made in writing within such one year period or authorized extension thereof. However, if the Commissioner of Property and Procurement determines that the facts justify such action, he may receive and act upon failure of the Contractor to submit his termination claim within the time allowed, the Commissioner of Property and Procurement may determine, on the basis of information available to him, the amount, if any, due to the Contractor by any reason of the termination and shall thereupon pay to the Contractor the amount so determined. (d) Subject to the provisions of paragraph (c), the Contractor and the Commissioner of Property and Procurement may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of work pursuant to this clause, which amount or amounts may include a reasonable allowance for profit on work done; provided, that 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 18 S071BDPPC21(HH) reitas OL IFB086DPPC21(S) STANDARD FORM NO. DPP — TC-54-75 APPROVED 10-2-74 COMMISSIONEER OF DPP REVSIED 3-18-08 terminated. The contract shall be amended accordingly, and the Contractor shall be paid the agreed amount. Nothing in paragraph (e) of this clause, prescribing the amount to be paid to the Contractor in the event of failure of the Contractor and the Commissioner of Property and Procurement to agree upon the whole amount to be paid to the Contractor by reason of the termination of work pursuant to this clause, shall be deemed to limit, restrict or otherwise determine or affect the amount or amounts which may be agreed to be paid to the Contractor pursuant to this paragraph (d): (i) 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 costs and preparatory expense allocable thereto, but exclusive of any costs attributable to supplies or services paid or to be paid for under paragraph (e) (i) hereof; (B) the cost settling and paying claims arising out of the termination of work under subcontracts or orders, as provided in paragraph (b) (v) above, which are properly chargeable to the terminated portion of the contract (exclusive of amounts paid or payable on account of supplies or materials delivered or services furnished by subcontractors or vendors prior to the effective date of the Notice of Termination, which amounts shall be included in the costs payable under (A) above; and (C) a sum, as profit on (A) above, determined by the Contracting Officer to be fair and reasonable; provided, however, that if it appears that the Contractor would have sustained a loss on the entire contract had it been completed, no profit shall be included or allowed under this subdivision (C) and an appropriate adjustment shall be made reducing the amount of the settlement to reflect the indicated rate of loss; and (iii) 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. 19 $071BDPPC21(HH) TAL IFB086DPPC21(S) Initial_ OPCMR ADDENDUM V Provisions from 2 CFR 200 - Appendix IT 1. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that during employment, employees are treated without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September S071BDPPC21(HH) 20 Initial ly IFB086DPPC21(S) OPCMR 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. 2. COMPLIANCE WITH THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The Department of Labor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (f S071BDPPC21(HH) 21 Initial 7 IFB086DPPC21(S) OPCMR (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. 3. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT Clean Air Act. (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 ef seq. (2) The contractor agrees to report each violation to the Department of Planning and Natural Resources (DPNR) understands and agrees that the DPNR will, in turn, report each violation as required to assure notification to the Government, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act. (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the DPNR and understands and agrees that the DPNR will, in turn, report each violation as required to assure notification to the Government, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by the Federal Emergency Management Agency. 4. SUSPENSION AND DEBARMENT (1) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. S071BDPPC21(HH) 22 Initial B H IFB086DPPC21(S) OPCMR (3) This certification is a material representation of fact relied upon by the Government. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Government, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 5. BYRD ANTI-LOBBYING Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the Government. 6. PROCUREMENT OF RECOVERED MATERIALS (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. 7. ACCESS TO RECORDS The following access to records requirements apply to this contract: S071BDPPC21(HH) 23 Initial Fi IFB086DPPC21(S) _ OPCMR (1) The Contractor agrees to provide the Government, the Federal Emergency Management Agency Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the Federal Emergency Management Agency Administrator or his/her authorized representatives access to construction or other work sites pertaining to the work being completed under the contract 8. INDEMNIFICATION Contractor agrees to indemnify, defend and hold harmless Government from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges and expenses (including attorney’s fees) and causes of action of whatsoever character which Government may incur, sustain or be subjected to, arising out of or in any way connected to the services to be performed by Contractor under this Contract and arising from any cause, except the sole negligence of Government. 9. RIGHT TO WITHHOLD If work under this contract is not performed in accordance with the terms hereof, Government will have the right to withhold out of any payment due to contractor, such sums as Government may deem ample to protect it against loss or to assure payment of claims arising therefrom, and, at its option, Government may apply such sums in such manner as Government may deem proper to secure itself or to satisfy such claims. Government will immediately notify the contractor in writing in the event that it elects to exercise its right to withhold. No such withholding or application shall be made by Government if and while contractor gives satisfactory assurance to Government that such claims will be paid by contractor or its insurance carrier, if applicable in the event that such contest is not successful. S$071BDPPC21(HH) 24 Initial f i IFB086DPPC21(S) OPCMR Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned Tropic View Estates, LTD dba HH Tire & Battery certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered. Submission of this certification is a prerequisite for making or entering this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, Kevin Hensley , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Signature of Co& Authorized Official Name and Title of Contractor' 10/11 /,;1 Date 7 7 S071 BDPPC21 (HH) IFB086DPPC2 l (S) 25 Initial