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Executed letter August 5, 2021 Mr. Errol Cromwell President/Owner Brothers Construction, Inc. 30 Estate Cottage Christiantsed, VI 00820 RE: S053DPNRC21(BCI) Cleaning Service at the newly renovated La Reine Fish Market in the St. Croix District Dear Errol Cromwell: Transmitted herewith is the fully executed Supply Contract for the Cleaning Service at the newly renovated La Reine Fish Market in the St. Croix District during the period of May 1, 2021, through April 30, 2022. Brothers Construction Inc. will perform under this Contract in accordance with Addendum I (Scope of Work), Addendum II (General Provisions), and Addendum III (Termination of Contracts). Brothers Construction Inc. fails to comply with the terms of the enclosed Contract, the Government of the Virgin Islands will exercise all rights and remedies available to it in law and equity all documents via email to the Department of Property and Procurement for further processing. If you have any questions, please contact Dynell R. Williams, Deputy Commissioner of Procurement, at 340-773-1561 ext. 5244 or email dynell.williams@dpp.vi.gov. Respectfully, Dynell R. Williams Deputy Commissioner of Procurement DRW/mth July 20, 2021 Mr. Errol Cromwell Brothers Construction, Inc. 9030 Estate Cottage, Christiansted St. Croix, VI 00820 RE: Supply Contract—S053DPNRC21(BCI) Dear Mr. Cromwell: Transmitted herewith is a Supply Contract for the Cleaning Service at the newly renovated La Reine Fish Market in the St. Croix District during the period of May 1, 2021 through April 30, 2022. Services provided will be made in accordance with the terms and conditions of the contract. We invite your attention to the General Provisions of said contract particularly to Addendum II concerning default. Enclosed herewith for your review and signature is one (1) original Supply Contract. Additionally, please be sure to initial all pages of the Contract. In addition, please provide the following documents to complete your packet: 1. Execute and Initial Supply Contract; Initial all documents in the bottom right hand corner (BLUE INK ONLY). 2. Sign the original contract in the presence of one (1) witness (BLUE INK ONLY). 3. Current VI Business License 4. Proof of Commercial General Liability Insurance with the Government of the Virgin Islands as Certificate Holder and Additional Insured as indicated on Endorsement (policy number on endorsement must match policy number on certificate). 5. Proof of Professional Liability Coverage with Government of the Virgin Islands as Certificate Holder 6. Articles of Incorporation (and applicable amendments) 7. Tradename Certificate if company uses a tradename (valid for two years) 8. Certificate of Good Standing (valid from July 1st thru June 30th) 9. Corporate Resolution on company letterhead (signed/ attested & dated by corporate secretary authorizing signatory) Upon receipt of the requested information, please return all documents via email to the Department of Property and Procurement for further processing. If you have any questions, please contract Dynell R. Williams, Deputy Commissioner of Procurement at 340-773-1561 ext. 5244 or email dynell.williams@dpp.vi.gov. Respectfully, Anthony D. Thomas Commissioner ADT/drw/mth GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES a--- 0) ---= DEPARTMENT OF PROPERTY AND PROCUREMENT SUPPLY CONTRACT Pursuant to 31 V.LC § 239%(a)__ 3 This AGREEMENT, made this day of for the Cleaning Service at the newly renovated La Reine Fish Market in the St. Croix District by and between the Government of the Virgin Islands, hereinafter called the “GOVERNMENT”, and Brothers Construction, Inc., whose address is 30 Estate Cottage Christiansted, St. Croix USVI 00820 hereinafter called the “CONTRACTOR”, WITNESSETH: WHEREAS, the Government is in need of a contractor to provide cleaning services at the newly renovated La Reine Fish Market in the St. Croix district; and WHEREAS, the Contractor represents that it is willing and capable of providing the services in an expeditious manner and in accordance with the specifications cited in Addenda I, II, III, 1V and V all attached hereto and made a part hereof; it is mutually agreed between the Parties as follows: SECTION 1. That for and in consideration of the price or prices and agreement in Addendum II (Compensation) hereto attached and made a part of this Contract, the said Contractor agrees to providing cleaning services at the newly renovated La Reine Fish Market in the St. Croix district with the provisions of Addendum I (Scope of Services), Addendum III (General Provisions), Addendum IV (Termination of Contracts), and Addendum V (Provisions from 2 CFR 200 — Appendix II), all attached hereto and made a part hereof. 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 Addendum Ii, in lawful money of the United States, and the payment shall be made at the time and in the manner set forth in Addendum II and the General Provisions. SECTION 3. This Contract shall commence on May 1, 2021 and shall terminate on April 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 Contract No. $053DPNRC21{BCI) { Initial (EZ OPCMR No alterations or variations of the terms of the Contract 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 shall remain in effect until all quantities or services 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, 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 Contract No. SO53DPNRC21(BCl) 2 Initial @. OPCMR present any claim knowing such claim to be false, fictitious, or fraudulent. Contractor acknowledges that making such a false, fictitious, or fraudulent claim is a federal offense. SECTION 9. The Contractor shall only perform services in accordance with the schedule outlined in Addendum | (Scope of Work) attached hereto and made a part hereof. SECTION 10. This Contract is subject to the appropriation and availability of funds and to the approval of the Commissioner of the Department of Property and Procurement. SECTION 11. The following insurance coverages are required by Contract and Contractor shall maintain these insurance coverages during the term of this Contract. (a) COMMERCIAL GENERAL LIABILITY: Commercial general liability insurance, in a form acceptable to the Government, on a “per occurrence” basis with a minimum limit of not less than one hundred thousand dollars ($100,000.00) for any one person per occurrence for death or personal injury and one hundred thousand dollars ($100,000.00) for any one occurrence for property damage. Insurance policy(ies) shall name the Government of the Virgin Islands as the certificate holder and additional insured via an endorsement. (b) WORKERS’ COMPENSATION: Contractor shall supply current coverage under the Government Insurance Fund or other form of coverage SECTION 12. Either Party may terminate this Contract for cause by providing ten (10) days written notice to the other party specifying the date of termination. The Government may also terminate this Contract for convenience on ten (10) days written notice in accordance with the Provisions of Addendum IV (Termination of Contracts). SECTION 13. A facsimile, electronic or digital signature on this Contract shall be deemed an original and binding upon the Parties hereto. SECTION 14. This Contract shall become effective immediately upon and as of the day of signature by the Commissioner of the Department of Property and Procurement. SECTION 15. NOTICE OF FEDERAL FUNDING. Contractor acknowledges that this Contract may be funded, in whole or in part, by federal funds. Contractor warrants that it shall not, with respect to this Contract, make or present any claim knowing such claim to be false, fictitious, or fraudulent. Contractor acknowledges that making such a false, fictitious, or fraudulent claim is a federal offence. IN WITNESS WHEREOPF, the parties to these presents have hereunto set their hands on the day and year first above written. @ Contract No. SO53DPNRC21(BCl) 3 initia rT, ie \d OPCMR Witnesses: GOVERNMENT OF THE VIRGIN ISLANDS een eraeMEcateess reese samen ewasen ae BY: hey 1: Ghorer— 8/4/2021 AV aroha, Delian? Anthony D. Thomas Date Commissioner Department of Property & Procurement ae wafPucssae C/o ee vteene 7/30/21 for Jean-Pierre L. Oriol Date Commissioner Department of Planning & Natural Resources CONTRACTOR Witnesses: ee, x _a lf ——— HA2—4/ J ho7)2021 Te eee eee eee eee ee eee ee ee By: Errol Cromwell Date President/Owner Brothers Construction, Inc. (Corporate seal, if Contractor is a corporation) Contract No. SOS3DPNRC21(BCl) Initial, 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 quote dated March 11, 2021, which is attached hereto and incorporated by this reference: The following is a Scope of Services to ensure that the Fish Market will be maintained and cleaned up to Department of Planning and Natural Resources (DPNR) standards and follow all local rules and regulations related to the cleanliness for the selling and buying of any fish or fishery products. The tasks to be completed include: 1. The contractor shall clean and disinfect all bins and floors three (3) times weekly. 2. The contractor shall power wash all exterior surfaces three (3) times weekly. 3. The contractor shall spot clean all walks. 4, The contractor shall disinfect and sanitizes all table surfaces. 5. The contractor shall remove trash from bins and from exterior surfaces, including parking areas. The contractor shall maintain simple vermin traps in exterior areas. . The contractor shall report any noted problems to DPNR upon identification, including structures or utilities. ao Contract No. SOS3DPNRC21(8Cl) 5 Initial @ lee OPCMR ADDENDUM II (COMPENSATION) The Government in consideration of the satisfactory performance of the services described in Addendum I (Scope of Work) agrees to make progress payments based on the invoices submitted by the Contractor. The Parties further agree that payments wil] be made in accordance with the actual quantities provided. Total Cost per Month : $ 2,100.00 Contract No. SOS3DPNRC21(8Cl) Initial PY ————— STANDARD FORM NO. P & P-GP-1:5-73 APPROVED: 3-26-73 COMM. OF PROP, & PROC. REVISED: 3-18-08 ADDENDUM III GENERAL PROVISIONS (SUPPLY CONTRACT) I, 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. Contract No. SOS3DPNRC21(BCI} 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 inti. 2 STANDARD FORM NO, P & P-GP-18-73 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 Contract No. SOS3DPNRC21 (BCI) 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: Initial a STANDARP 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 shal] 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 Contract No. SOS3DPNRC21(BC1) 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 thts 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. writin CL STANDARD FORM Nit, F & P-GP-15-73 APPROVED: 3-26-73 COMM. OF PROP, & PRIK>. 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 Tequested 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 10a! d) provides that the Government give preference to domestic source end products. For the purpose of this clause: {i) "components" means those articles, materials, and sup- plies, which are directly incorporated in the end products; (ti) "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 (iti) of this clause shall be treated as components mined, produced, or manufactured in the United States. (b) The Contractor agrees that there will be delivered under this contract only domestic source end products, except end products; Contract No. SO63DPNRC21(BCI) 10 (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. CL il te=1) 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 Contract No, SO53DPNRC21(BCl) 11 Initial a STANDARD FORM NO. DPP — TC-54-75 APPROVED 10-2-74 COMMISSIONEER OF DPP REVSIED 3-38-08 (c) (d) 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. 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. 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 Contract No. SO53DPNRC21(BCI) 12 Initial (az STANDARD FORM NO. DPP — TC-54-75 APPROVED 10-2-74 COMMISSEONEER 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) (ii) (iii) for completed supplies, materials and equipment or services accepted by the Government (or sold or acquired as provided in paragraph (b) (vii) above) and not theretofore paid for, a sum equivalent to the aggregate price for such supplies or services computed in accordance with the price or prices specified in the contract, appropriately adjusted for any saving for freight or other charges; the total of — (A) the costs incurred in the performance of the work terminated, including initial costs and preparatory expense allocable thereto, but exclusive of any costs attributable to supplies or services paid or to be paid for under paragraph (e) (i) hereof; (B) the cost settling and paying claims arising out of the termination of work under subcontracts or orders, as provided in paragraph (b) (v) above, which are properly chargeable to the terminated portion of the contract (exclusive of amounts paid or payable on account of supplies or materials delivered or services furnished by subcontractors or vendors prior to the effective date of the Notice of Termination, which amounts shall be included in the costs payable under (A) above; and (C) a sum, as profit on (A) above, determined by the Contracting Officer to be fair and reasonable; provided, however, that if it appears that the Contractor would have sustained a loss on the entire contract had it been completed, no profit shall be included or allowed under this subdivision (C) and an appropriate adjustment shall be made reducing the amount of the settlement to reflect the indicated rate of loss; and the reasonable costs of settlement, including accounting, legal, clerical and other expenses reasonably necessary for the preparation of settlement claims and supporting data with respect to the terminated portion of the contract and for the termination and settlement of subcontract thereunder, together with reasonable storage, transportation and other costs incurred in connection with the protection or disposition of property allocable to this contract. Contract No. SOS3DPNRC21(BCl) 13 Initial (oy ADDENDUM V Provisions from 2 CFR 200 - Appendix I 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 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Contract No. SOS3DPNRC21(BCl) 14 Imitieal @_ (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. (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. Contract No. SOS3DPNRC21{BCl) 16 Initial @ 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. (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. Contract No. SOS3DPNRC21(BCI) 16 Initial a (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/smim/comprehensive-procurement-guideline-cpg-program. 7. ACCESS TO RECORDS The following access to records requirements apply to this contract: (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. Contract No. SOS3DPNRC21(BCl) 7 Initial @) (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. Contract No. SOS3DPNRC21(BCl} 18 Initial VAD Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned ERROL CROMWELL 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, ERROL CROMWELL , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 3] U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. ERROL CROMWELL - President Name and Title of Contractor’s Authorized Official Date Contract No. S053DPNRC21(BCi) 18 Initial @ ADDENDUM VI TERMS AND CONDITIONS OF THE INVITATION FOR BIDS 1. PREPARATION OF BIDS: (a) Bidders are expected to examine the drawings, specifications, invitations, and allinstructions. Failure to doso will be at the bidder's risk. (b) Bids must be in ink or printed on the bid forms furnished herewith. Bids submitted in pencil willbe rejected. Bids containing alterations or erasures will be rejected, unless the alteration or erasure is crossed out and correction thereof printed inink or typewritten adjacent thereto and initialed by the person signing the bid. In addition, a statement must be fumished with the bid, signed by the bidder explaining the correction ofthe alteration or erasure. (c) If the bidder is a partnership, a fetter of authorization shall be furnished and signed by allofthe general partners. If thebidderis a proprietor, and the person signing the bidis other than the owner, a letter of authorization signed by the owner shall be furnished. The Contracting Officer will retain all such proof on file for acceptance of future bids, ifrequested 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, title, and business address. Anyone signing a proposal as agent must fite legal evidence ofhis authority to do so, and that the signature is binding upon the firm 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 equal to the item specified. (f} When not otherwise specified, the bidder must state a definite time of proposed delivery. (g) Time, ifstated as a number of days willinclude Sundays andholidays. 2. SUBMISSION OF BIDS: (a) Bids and modifications thereof shalt be enclosed in sealed envelopes addressed to the issuing office, with the name and address of the bidder, the date ang hour of opening, and the invitation number on the face of the envelope. Bids shall be submitted so as to be received in the Office of the Contracting Officer not later than the exact time set for opening of bids. To be considered for award, a bid must comply in all material respects with the invitation forbids so that, bothas tothe method and timeliness ofsubmission, and as tothe substance of any resulting contract, all bidders may stand on an equal footing and the integrity of the formal advertising system may be maintained, Contract No. SO53DPNRC21(BCI) (SUPPLY CONTRACTS) (b) Sample of items, when required, must be submitted within the time specified, and unless otherwise specified by the Government. If not destroyed by testing, samples will be retumed at bidders’ request and expense unless otherwise specified by the Invitation. (c}Inthe eventno bidis to be submitted, Bidders are advised nottoretum the Invitation unless otherwise specified. However, a letter or post card shall be sent to the Issuing Office advising whether future Invitations for the type of supplies or services covered by the Invitation is desired. Failure toso advise the Issuing Office may be interpreted against the bidder. 3. WITHDRAWAL OF BIDS: Bids may be withdrawn only by written notice provided that such notice is received prior to the time set for opening of the bid. 4, LATEBIDS: (a) Bids received at the Office of the Contracting Officer after the precise time set in the Invitation for Bids arelate bids. (b) Alate 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, and it is determined that the lateness was due solely to a delay in the mails for which the bidder was not responsible; or {ii) If submitted by mait it was received at the Office of the Contracting Officer in sufficient time to be opened as required in the Invitation but except for delay due to mishandling on the part of the Government. The only evidence acceptable to establish timely receipt at the Office of the Contracting Officer is that which can be established upon examination of an appropriate time stamp or a written statement from an official of the U. S. Postal Service. ic}Hand-Carried Bids: Alate hand-camed bid, or any other late bid not submitted by mail. (d) Registered Mail: The time of mailing of a late bid, mailed by registered mail, may be determined by the date of the postmark on the registered mail receipt or registered mail wrapper. The time of mailing shall be deemedtobe thelastminute of the dateshown in such postmark unless the bidder fumishes evidence from the post office station of mailing which establishes an earlier time. if the postmark does not show a date, the bid shall be deemed to have been mailed too late unless the bidder furnishes evidence from the post office of mailing which establishes timely mailing. (e) Certified Mail: The time of mailing alate bid; mailed by Certified Mail for which a postmarked Receipt for Certified Mail was obtained, shalt be deemed to be the last minute of the date shown on the postmark on such receiptwhere: (i) the Receipt for Certified Mail identifies the post office station of mailing and the bidder furnishes evidence from such station that the business day of that station ended atan earliertime, inwhichcasethe time of mailing shall be deemed to be last minute of the business day of that station; or{iij an entry inink on 20 the Receipt of Certified Mail, showing the time of mailing and the initials of the postal employee receiving the item and making the entry, is appropriately verified in writing by the post office station of mailing in which case the time of mailing shall be the time shown in the entry. Ifthe postmark does not show a date, the bid shall be deemed to have been mailedtoolate. (f)Metered Mail: Bids or modifications thereof transmitted in a metered envelope received after the time set for opening will bedeemed tohavebeen mailed onthetastminute of the day indicated by the metered stamp unless in such event a bidder is able to submit clear and convincing proof as to the actual or approximate time of mailing. 5. IDENTIFICATION OF OFFER: Bidders shall show brand name, catalognumber, model and so forth as applicable on bid form covering the product they are bidding on and propose to furnish. If not shown, it will be considered and understood tobe that the make and model, shownin the Schedule, as a reference, will be supplied. 6. CASH DISCOUNT PROVISIONS: (a) Discounts offered for a period ofless than 20 days will not be considered in making award. Bidsoffering discounts for payment within periods in excess of twenty (20) days willbe evaluated for the purpose of award. (b) tn connection with discounts offered, time will be completed from date of acceptance of the supplies by the Government. Provided, however, that the Government is not unreasonably norunduly negligent in accepting shipment. 7. AWARD OF CONTRACT: (a) Unless all bids are rejected, award will be made by written notice, within the time specified for acceptance, to that responsible bidder whose bid, conforming to the Invitation for Bids, offers the most advantageous service to the Government, quality offered, delivery terms and service reputation taken into consideration. (b) The Government may award items separately or by grouping items in totallots. (c) Bidder acknowledges that all quantities listed on the bid sheet or any awarded contract are estimates and the Government will only purchase items based on its actual needs which may or may not amount to the total estimated quantities 8. REJECTION OF BIDS: The Government may, after opening but prior to award and within the time specified foracceptance, reject any orallbids, or the bid for any one or more commodities or contracted services included in the proposed contact, when the public interest will be served thereby. 9. PRICES: (a) All prices bid shall be firm and not subject toincrease ifaccepted during the acceptance period. Bids containing an “escalation cause” will not be considered unless specifically authorized by the Government in the Invitation for Bids. (b) For each item bid, a unit price and a total for the quantity must be stated. The unit price shall always contro}. (c} All prices shall be F.0.B. (Free On Board) destination. The seller hereunder must at his own expense and risk, transport the goods to the named place and there, tender delivery. Initial OQ THE GOVERNMENT OF THE VIRGIN ISLANDS DEPARTMENT OF LICENSING AND CONSUMER AFFAIRS BUSINESS LICENSE o, ae st KNOW ALL BY THIS PRESENT bs vrai That, in accordance with the applicable provisions, of Title 3 Chapter”16 and Title 27 V.LC. relating to the licensing of businesses and occupations, and compliance having been made with the provisions of 10 V.I.C. Sec. 41 relating to the Civil Rights Act of the Virgin Islands, the following license is hereby granted. Licensee: BROTHERS CONSTRUCTION, INC. : Trade Name: BROTHERS CONSTRUCTION, ING. Mailing Address a Physical Address 9030 ESTATE COTTAGE : 30 ESTATE COTTAGE CHRISTIANSTED CHRISTIANSTED ST. CROIX VI 00820 sT. CROIX Vi 00820 Business No: 3152 License No: —-2-3152-1L Types of License(s) Janitorial Service & Supply As provided by law, the authorized licensing authority shall have the power to revoke or suspend any License issued hereunder, upon finding, after notice and adequate hearing,» that such revocation or suspension is in the public interest; provided, that any persons aggrieved by any such decision of this office shall be entitled to a review of the same by the Territorial Court upon appeal made within (30) days from the date of the decision; provided, further, that all decisions of this office hereunder shall be final except upon specific findings by the Court that the same was arrived at by fraud or illegal means. If a renewal is desired, the holder is responsible for making application for same without any notice from this office. It is the responsibility of the Licensee to notify the Department in writing within (30) days, when a license is to be cancelled or placed in inactive status. Failure to do so will result in the assessment of penalties as authorized by law. Valid from 06/29/2021 until 06/30/2022 Printed on 06/29/2021 Issued at St. Croix,V.1. \ dro rangi. Fee 495.00 Commissioner, Department of Licensing and Consumer Affairs THIS LICENSE MUST BE PROMINENTLY DISPLAYED AT PLACE OF BUSINESS ~ - ~ = a at ome *, te <‘ 0) nme >” * amt oo ee PR 5 i ees, | 7 t + ACCORD a CERTIFICATE OF LIABILITY INSURANCE DATE (MMIODIYYYY) 02/16/2021 REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER SONTACT Patricia Duval Santiago, CIC Marshall & Sterling St. Croix PHONE ey: (340) 773-2170 | fare, Noy, (340) 773-9550 $021 Anchor Way ADDRESS: pduval@marshallsteriing. vi Gallows Bay INSURER{S) AFFORDING COVERAGE NAIC # Christiansted Vi 00820 INSURERA: Certain Underwriters at Lloyds LOX INSURED INSURER B : Brothers Construction Co.inc & Errol Cromwell ATIMA INSURER C: P.O. Box 194 INSURER D : INSURER E : Kingshill vi_00851-0194 [insurer F COVERAGES CERTIFICATE NUMBER: —CL2121612406 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN tS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDL|SUBR] POLICYEFF | POLICYEXP tir TYPE OF INSURANCE Inso | WD POLICY NUMBER {MMIDDIYYYY) | (MM/DDIVYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE : | | DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP {Any one person) $ = PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ POLICY FRO. Loc PRODUCTS -COMPIOPAGG | $ OTHER: § COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY pM NED $ ANY AUTO: BODILY INJURY (Per person) $ 25,000 OWNED SCHEDULED ; A AUTOS ONLY AUTOS BAPLOX18354 02/04/2021 | 02/04/2022 | BODILY INJURY {Per accident) | $ 50,000 S<| HIRED. NON-OWNED PROPERTY DAMAGE $ 25,000 | 7S} AUTOS ONLY AUTOS ONLY | (Per accident) : Medical payments $ 1,000 UMBRELLA LIAB OccuR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED | | RETENTION $ $ WORKERS COMPENSATION PER OTH- ANO EMPLOYERS’ LIABILITY STATUTE | ER ANY PROPRIETOR/PARTNERIEXECUTIVE E.L. EACH ACCIDENT $ OFFICERAMEMBER EXCLUDED? NIA {Mandatory In NH) E.L. DISEASE - EA EMPLOYEE | $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT_| $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedut d if more space is required} may be _CERTIFICATE HOLDER CANCELLATION Proof Of Insurance SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED iN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE yet ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ~ GOVERNMENT OF THE UNITED STATES VIRGIN ISLANDS Date MARCH 03, 2021 Office of the Custodian, Government Insurance Fund DEPARTMENT OF FINANCE Certificate of Government Insurance Coverage I certify that the employr BROTHERS CONSTRUCTION INC. Has filed with the Custodian of the Government Insurance Fund, the Employer's Report to the Commissioner of Finance and paid the required premium in accordance with the provision of Title 24 Chapter 11, Section 273, of the Virgin Islands Code, and, accordingly 1s entitled to the rights And benefits of the insurance coverage established by law. The risk of this employer is covered By policy 4063 For The period from JANUARY 01, 2021 TO DECEMBER 31, 2021 NAME & ADDRESS OF EMPLOYER: | BROTHERS CONSTRUCTION INC. | 9030 ESTATE COTTAGE ; | CHRISTIANSTED, VI 00820 nthény Settridge rector Government Insurance Fund a == ARTICLES OF INCORPORATION OF BROTHERS CONSTRUCTION, INC. We, the undersigned, natural .persons of lawful age, acting as incorporators of a corporation under Title 13, Virgin Island: Code, adopt the following Articles of Incorporation for such corporation, PIRST: The name of the corporation is BROTHERS CONSTRUCTION, INC. SECOND: The period of ae duration is perpetual. THIRD: aie le General Purpose. To engage in all phase: of construction, 2. Ancillary Purposes. To do everything necessary, proper, advisable or convenient for the accomplishmer of the purposes hereinabove set forth and to do all other thing: incidental thereto or: connected:therewith, which are not for- bidden by statute or by these Articles. 3. Other Purposes. To engage in any, other Bieiness eeaeats or enterprise not prohibited by law or by the: Articles. © FOURTH: ‘The address of the initial registered office of the corporation is Plot #30 Estate Calquohoun, Christiansted St. Croix, U.S. Virgin Islands and the name and address of its Articles of Incorporation Brothers Construction, Inc. Page Two initial registered agent is ERROL BE. CROMWELL, P.O. Box 194, Kingshill, St. Croix, U.S. Virgin Islands 00850, Plot #30 Estate Calquohoun, Christiansted, St. Croix, USVI 00850. FIFTH: The aggregate number of shares which the corporatic shall have the authority to issue is 1000 shares of common stock of one class with no par value. SIXTH: The minimum amount of capital with which the corporation shall commence business shall not be less than ONE THOUSAND DOLLARS ($1,000.00). SEVENTH: The number of directors constituting the initial Board of Directors is four (4) and the name and address of each Director is; ERROL E. CROMWELL, President Plot No. 30, Estate Calquohoun P.O. Box 194, Kingshill, St. Croix USVI 00850 EDWIN CHRISTOPHER, Vice President Plot No. 205 Estate Strawberry Christiansted, St. Croix, USVI 00820 RYFORD CROMWELL, Treasurer Plot No. 30 Estate Calquohoun P.O, Box 194, Kingshill, St. Croix USVI 00850 BEATRICE YORK, Secretary P.O. Box 6827, Sunny Isle Sts Croix; Sc V o1..-00820 EIGHTH: The name and address of each incorporator is: ERROL E, CROMWELL Plot No. 30 Estate Calquohoun Christiansted, St. Croix USVI 00820 Articles of Incorporation Brothers Construction, Inc. Page Three EDWIN CHRISTOPHER. Plot No. 205 : Estate Strawberry Christiansted, St. Croix RYFORD CROMWELL Plot No. 30 Estate Calquohoi Christiansted, St. Croix USVI 00820 NINTH: 1. ‘The corporation shall exercise all rights and power from time to time granted to a corporation by law; all power necessary to carry out the purposes set forth in Article THIRD and to act as principal, agent, joint venturer, partner or in any. other capacity which may be authorized or approved by the Board of Directors of the Corporation. 2. Subject to any specific written limitations lor restrictions imposed by statute or by these Articles, the Boar: of Directors of the Corporation is hereby authorized to direct by resolution, duly adopted, the purposes set forth herein, and to exercise the powers granted for the performance of such purposes, without previous authorization of subsequent approval by the shar: holders of the corporation; and all parties icalihe with the cor- poration shall have the right to rely upon such action taken by t! corporation pursuant to such authorization by the Board of Direc- tors. IN WITNESS WHEREOF, the incorporators have signed these Articles at Christiansted, St. Croix, U.S. Virgin Islands, this / S day of March, 1985. KH Li Peer of Incorporation Brothers Construction, Inc. Page Four Myf — LON 8h fal Weta sshre CHRISTOP My isd gas — wed (Agyurt ACKNOWLEDGMENT TERRITORY OF THE VIRGIN ISLANDS ) JUDICIAL DISTRICT OF ST. CROIX ) iss On this day of March, 1985, before me personally came and appeared ERROL 5. CROMWELL, EDWIN CHRISTOPHER and RYFORD CROMWELL, to me known and known to me to be the individuals des- cribed in and who executed the foregoing instrument and they acknowledged to me that they executed the same freely and volun- tarily for the uses and purposes therein contained. WITNESS my hand and official seal, | + NOTARY \PUBLIC Business Entity No. 558165 Office of the Lieutenant Governor Division of Corporations & Trademarks CERTIFICATE OF GOOD STANDING To Whom These Presents Shall Come: I, the undersigned Lieutenant Governor the United States Virgin Islands, do hereby certify that BROTHERS CONSTRUCTION, INC. has filed in the Office of the Lieutenant Governor the requisite annual reports and statements as required by the Virgin Islands Code, and the Rules and Regulations of this Office. In addition, the aforementioned entity has paid all applicable taxes and fees to date, and has a legal existence not having been cancelled or dissolved as far as the records of my office show. Wherefore, the aforementioned entity is duly formed under the laws of the Virgin Islands of the United States, is duly authorized to transact business, and, is hereby declared to be in good standing as witnessed by my seal below. This certificate is valid through June 30th, 2021. Entity Type: Domestic Profit Corporation Entity Status: In Good Standing Registration Date: 04/09/1985 Jurisdiction: United States Virgin Islands, United States Witness my hand and the seal of the Government of the United States Virgin Islands, on this ist day of June, 2021. Tregenza A. Roach Lieutenant Governor United States Virgin Islands 060120210666 (Form 1120) Pa = (Rev. December 2011} paced ation'’s no > Attach to Form 1120. P See instructions on page 2. Department of the Treasury Internal Revenue Service Name BROTHERS CONSTRUCTION, INC. 98-0072729 Employer identification number (EIN) Certain Entities Owning the Corporation's Voting Stock. (Form 1120, Schedule K, Question 4a). Complete columns (i) through (v) below for any foreign or domestic corporation, partnership (including any entity treated as a partnership), trust, or tax-exempt organization that owns directly 20% or more, or owns, directly or indirectly, 50% or more of the total voting power of all classes of the corporation's stock entitled to vote (see instructions). (ti) Employer Identification (i) Name of Entity Number (if any) (iii) Type of Entity (iv) Country of Organization (v) Percentage Owned in Voting Stock Certain Individuals and Estates Owning the Corporation's Voting Stock. (Form 1120, Schedule K, Question 4b). Complete columns (i) through (iv) below for any individual or estate that owns directly 20% or more, or owns, directly or indirectly, 50% or more of the total voting power of all classes of the corporation's stock entitled to vote (see instructions). — os . iii) Country of . (i) Name of Individual or Estate prea be Citizenship (s0e (i) Percentage Owned ERROL CROMWELL 580-12-3453 |United States 100.000% 9030 Estate Christiansted, VI, 00820 - 5662 UNITED STATES 451479243 SAPE6 Active DUNS: CAGE: Status: D&B Legal Business Name: Brother's Construction Inc (none) Business Information: Business start date: Fisical year end close date: Company Division Name: Company Division Number: Corporate URL: Congressional District: Registration Date: Activation Date: Expiration Date: Renewal Date: MPIN: 12/31 VI98 saneegrs4 10/31/1985 04/09/2019 03/02/2021 02/26/2022 02/26/2021 Physical Address: Address (Ine 1 City State ZIP? Postal Code Country Mailing Address: Address line 1 City State ZIP/ Postal Code Country 9030 Estate Cottage Christiansted vi 00820 - 5662 UNITED STATES 9030 Estate Cottage Christiansted vi 00820 - 5662 UNITED STATES Sensitive Information: EIN: *99829729 IRS Consent: Tax payer name: Brothers Construction Inc Address Line 1: 9030 Estate Cottage Address Line 2: City: Christiansted State: vi Country: UNITED STATES Zip/Postal Code: 00820 - 5662 Type of Tax: Applicable Federal Tax Tax Year (Most Recent Tax Year): 2019 Name of individual executing consent: Errol Cromwell Title of the individual executing consent: President Signature: Errol Cromwell TIN Consent Date: 02/26/2021 ety CAGE/NCAGE Code: CAGE: SAPE6 Does this entity have an Immediate No Does this entity have any No General Information Country of Incorporation: UNITED STATES State of incorporation: vi Company Security Level: Highest Employee Security Level: Business Types: For more information on an entity's socio-economic status please see SBA’s Dynamic Smail Business Search. Business Types Black American Owned Self Certified Smail Disadvantaged Business Minority Owned Business Entity Structure Corporate Entity (Not Tax Exempt) Entity Type Business or Organization Organization Factors Subchapter S Corporation For Profit Organization Purpose of Registration All Awards Financial Information Do you accept credit cards as a method of payment? No. Department Code: Account Details: UNITED FIDELITY BANK, FSB - Checking CAGE Code: 8APE6 - New AccountElectronic Funds Transfer: Account Type Checking Financial Institution: UNITED FIDELITY BANK, FSB ABA Routing Number: “eee 663 Account Number: “#990930 Lockbox Number: Automated Clearing House (ACH): ACH U.S. Phone: (340)713-8500 ACH Non-U.S. Phone: ACH Fax: ACH Email: Remittance Address: Remittance Name. Brother's Construction, Inc Address Line 1: 9030 Estate Cottage Address Line 2: City: Christiansted State: vi Country: UNITEO STATES ZIP/Postal Code: 00820 - Executive Compensation Questions i In your business or organization's preceding completed fiscal year, did yourbusiness or organization (the legal entity to which this specific SAM record,represented by a DUNS number, belongs) receive both of the following: 1. 80 percent or more of your annual gross revenues in U.S. federal contracts, subcontracts, loans,grants, subgrants, and/or cooperative agreements and 2. $25,000,000 or more in annualgross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants,and/or cooperative agreements? No Dos the public have access to information about the compensation of the senior executives in your business or organization (the legal entity to which this specific SAM record, represented by a DUNS number, belongs) through periodic reports filed under section 13{s) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 780(d)) or section 6104 of the Intemal Revenue Code of 19867 No 's your business or organization, as represented by the OUNS Number on this entity registration, responding to a Federal procurement opportunity that contains the provision at FAR 52.209-7, subject to the clause in FAR 52.209-9 in a current Federal contract, or applying for a Federal grant opportunity which contains the award term and condition described in 2 C.F.R. 200 Appendix XII? N Does your business or organization, as represented by the OUNS number on this specific SAM record, have current active Federal contracts and/or grants with total value (including any exercised/unexercised options) greater than $10,000,000? Within the last five years, had the business or organization (represented by the DUNS number on this specific SAM record) and/or any of its principals, in connection with the award to or performance by the business or organization of a Federal contract or grant, been the subject of a Federal or State (1) crimina! proceeding resulting in a conviction or other acknowledgment of fault; {2) civil proceeding resulting In a finding of fault with a monetary fine, penalty, reimbursement, restitution, and/or damages greater than $5,000, or other acknowledgment of fault; and/or {3) administrative proceeding resulting in afinding of fault with either a monetary fine or penalty greater than $5,000 or reimbursement, restitution, or damages greater than $100,000, or other acknowledgment of fauit? NAICS Codes Selected NAICS Code Primary Description 236220 Yes Commercial and Institutional Building Construction Product & Service Codes Selected PSC Description Size metrics Worldwide: Annual Receipts (in accordance with 13 CFR 121):30000 Average Number of Employees (12 Month Average):6 Location (Optional) Annual Receipts (in accordance with 13 CFR 121)30000 Annual Receipts (in accordance with 13 CFR 121):30000 — = -—— DI Information for your non-govemment entity?:No <= Disaster Response Information: ani Do you wish to enter Disaster Relief Data for your entity?:Yes Does your company require bonding to bid on Contracts?:No Geographic Area Served: State: VI County: Metropolitan Statistical Area: County2; Metropolitan Statistical Area2: County3: 2 ropolitan Statistical Area3: > int of Contacts: 3 “= + -—— == = ———— _ = oat Mandatory Point of Contact: Sel thal A ecu . ints Receivable POC Title: First Name: Erro! Middle Name: Last Name: Cromwell Email: cromwell.errol@gmail.com US Phone Extension: (340)690-2959 NON US Phone Notes. Electronic Business POC itle: First Name: Errol Middle Name Last Name: Cromwell Email: cromwell.errok@gmail.com US Phone (340}690-2959 Extension. NON US Phone: Notes: Address Line 1 9030 Estate Cottage Address Line 2 City Givistiansted Coun UNITED STATES ZIP/Postal Code: 00820 Government Business POC Title: First Name: Errol Middle Name: Last Name: Cromwell mail cromwell.errol@gmail.com US Phone: (340)690-2959 NON US Phone jotes Address Line 1 $030 Estate Cottage Address Line 2 City: Christiansted State/Province vi Cou UNITED STATES ZIP/Postal Code 00820 om W-9 (Rev. October 2018) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification » Go to www.irs.gov/FormW3 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. BROTHERS CONSTRUCTION, INC 1 Name (as shown on your income tax return). Name is required on this line; do not leave this fine blank. 2 Business name/disregarded antity name, if different from above following seven boxes. C1 individualsole proprietor or C Corporation single-member LLC [] Other (see instructions) » Os Corporation im Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership} » Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check | Exemption from FATCA reporting LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded trom the owner should check the appropriate box for the tax classification of its owner. 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the | 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Oo Partnership 0 Trust/estate Exempt payee code (if any) code {if any) (Applies to accounts maintained outside the U.S.) § Address (number, street, and apt. or suite no.} See instructions. 9030 Estate Cottage Print or type See Specific Instructions on page 3. Requester’s name and address (optional) 6 City, state, and ZIP code Christiansted, VI 00820 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding, For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part |, later. For other - - entities, it is your employer identification number (EIN). If you do not have a number, see Haw to get a TIN, later. Note: if the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Social security number | or | Employer identification number | 918) -| 0] 0/7/2)/7)2)9 Part Il Certification Under penalties of perjury, | certify that: 1. The number shown on this form is my correct taxpayer identification number (or | am waiting for a number to be issued to me); and 2. lam not subject to backup withholding because: (a) | am exempt from backup withholding, or (6) | have not been notified by the Internal Revenue Service (IRS) that | am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that | am no tonger subject to backup withholding; and 3.1ama U.S. citizen or other U.S. person {defined below); and 4. The FATCA code(s) entered on this form {if any) indicating that t am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part Il, tater. . on 87/27 [231 General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments, For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.govi'FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return, Examples of information returns include, but are not limited to, the following. * Form 1099-INT (interest earned or paid} * Form 1099-DIV (dividends, including those from stocks or mutual funds) ¢ Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) ¢ Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) ¢ Form 1099-S (proceeds from rea! estate transactions) ¢ Form 1099-K (merchant card and third party network transactions) © Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) © Form 1099-C (canceled debt) ¢ Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien}, to provide your correct TIN. if you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) CERTIFICATE OF CORPORATION RESOLUTION BROTHERS CONSTRUCTION, INC. A Virgin Islands Corporation The undersigned, Trevor Cromwell, Secretary of Brothers Construction, Inc. A Virgin Islands Corporation (the Corporation), does hereby certify to the Government of the Virgin Islands (the ‘Government’) that the Corporation is and at all times herein relevant was duly qualified and in good standing under the laws of the Territory of the Virgin Islands and that the following resolution was duly adopted by the Board od Directors of the Corporation on April 1, 2021 and that said actions therein described are permitted by the Articles and By-laws of the Corporation, true and correct copies of which are attached hereto: RESOLVED, that the Corporation be authorized to execute and deliver a contract agreement between the Corporation and the Government under the terms of which the Corporation shall provide cleaning services at the newly Renovated La Rein Fish Market in the St. Croix District (herein the ‘Contract’) RESOLVED FURTHER, that the President of the Corporation, acting singly, is hereby authorized and directed on behalf of the Corporation to execute and deliver to the authorized agent of the Contract and any other related document which may be required or requested by the Government. IN WITHNESS WHEREOF, | have hereunto affixed my signature and the seal of the Corporation on this 20th day of April, 2021. (SEAL) bv Conk Trevor Cromwell - Secretary ATTEST: Errol Cromwell - President