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OPCMR GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES -0- DEPARTMENT OF PROPERTY AND PROCUREMENT SUPPLY CONTRACT SOIBDPPT22(PSS) This AGREEMENT, made this for thePurchaseand Deliveryof OfficeandSchoolSuppliesin theSt.Thomas/St.JohnDistrict byand betwccn the Govcrmment of the Virgin Islands,Department of Property and Procurement (Central Stores), hereinafter called the GOVERNMENT", and Proven Group, LLC dba Proven Sales & Services whose address is 6652 Est. Harmony, St. Thomas, VI 00802 hereinafter called the "CONTRACTOR", day of 2021 WITNESSETH: For, and in consideration of the acceptance of the Contractor's proposal, under Invitation for Bids No. IFB035DPPT21 (S) opencd on July 2, 2021 and the award of this contract to the Contractor, notification hereof having been made to the Contractor on September 20, 2021, and, in further consideration of the covenants and agreements of the Parties herein contained, to be well and truly observed and faithfully kept by them, and each of them, it is mutually agreed between the Parties as follows: SECTION 1. That for and in consideration of the price or prices and agreement in this proposal hereto attached and made a part of this Contract, the said Contractor agrees to furnish and deliver any or all of the commodities described in the said lnvitation for Bids No. IFB035DPPT21 (S) and the Scope of Work (Addendum I) at the price or prices stated therein and in strict accordance with the conditions of said accepted proposal. The Advertisement, Invitation for Bids, General Provisions (Addendum II), Termination of Contracts (Addendum III), any Supplemental Provisions and Spccifications and the Purchase Order, including any change thereof, are all part and parcel of this Contract and are by this reference, incorporated in this Contract as fully and effectively as if set forth in detail herein. SECTION 2. The Government, for and in consideration of the full and true performance of the work by the Contractor, agrees to pay the price or prices set forth in the attached Invitation for Bids and the line items as indicated in Addendum I, in lawful mnoney of the United States, and the payment shall be made at the time and in the manner set forth in the Invitation for Bids and the General Provisions. shall commence 1, 2021, SECTION 3. This Contract September 30, 2022, unless mutually extended or terminated by the parties. The services under this contract shall be for a period of one (1) year with a renewal option for a period of one (1) year. No alterations or variations of the terms of the proposal shall be valid or binding upon the Government unless made in writing and approved by the Government. on October and shall terminate On SO1BDPPT22 (PSS) -1- 5th October TME OPCMR SECTION4. This Contract will remain in force for the full period specified and servicesof termination shall be satisfactorily delivercd and accepted and/or until all terms and conditions have bcen met, unless: (a) terminated prior to expiration by satisfactory delivery against orders of entire quantities contracted for; or extended upon written authorization of the Government and accepted by the Contractor, to permit ordering of unordered balances or additional quantitics at contract price or prices and in accordance with the contract terms. (b) 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 dirccted by the Government, will constitute authority for the Government to purchase in the open market to replace the commodities rejected or not delivered. authorize immediate purchases in the open market against rejections on this contract when necessary. such purchases, the Contractor agrees promptly to reimburse the Govermment 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. The Government reserves the right to all On 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" 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. In the event the Contractor or any 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 present any claim knowing such claim to be false, fictitious, or fraudulent. Contractor acknowledges that making such a false, fictitious, or fraudulent claim is a federal offense. SECTION 9. All quantities listed in this Contract are estimates only. The Government will purchase items based on its actual needs, which may or may not amount to the total estimated quantities. The Contractor shall only fulfill orders in accordance with approved purchase orders issued by the Government. SECTION 10. Contractor shall submit invoices on a biweekly (every two (2) weeks) basis and addressed to the Department of Property and Procurement, Division of Central Stores. The Government will pay Contractor upon receipt of properly completed invoices that; references the date of the purchase/s, the SO1BDPPT22 (PSS) Iaitiay/7 OPCMR Department making the purchase, quantities, the line item number of the good/s referenced in Contractor's SECTION 11. This Contract is subject to the appropriation and availability of funds and to the approval SECTION 12. The following insurance coverages are required by Contract and Contractor shal contract, and shall incude the cost of the awarded line item. of the Commissioner of the Department of Property andProcurement. 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 ofcoverage SECTION 13. Either Party may terminate this Contract for cause by providing ten (10) days written notice to the other party specifying the date of termination. The Government may also terminate this Contract for convenienceon ten (10) days written notice inaccordancewith theProvisions ofAddendum II (Termination of Contracts). SECTION 14. A facsimile, electronic or digital signature on this Contract shall be deemed an original and binding upon the Parties hereto. SECTION 15. This Contract shall become effective immediately upon and as of the day of signature by the Commissioner of the Department of Property andProcurement. INTENTIONALLY LEFT BLANK SO1BDPPT22 (PSS) Iaitia/ -3- OPCMR IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands on the day and year first above written. Witness: GOVERNMENT OF THE VIRGIN ISLANDS By: Anthony D. Thomas Commissioner Department of Property and Procurement Date CONTRACTOR Witness: era.ear.. By: aenreyHenry President Proven Group, LLC dba Proven Sales & Services (Corporateseal, if Contractor is a corporation) S01BDPPT22 (PSS) -4- Initial 10/5/2021