Department of Property&Procurement

Govemment of the United States Virgin Islands



3274 Estate RICHMOND, CHRISTIANSTED, U.S. VIRGIN ISLANDS 00820

8201 Sus BASE, 3RD FLOOR, ST. THOMAS, U.S. VIRGIN ISLANDS 00802

ST. CROIX MAIN OFFICE: 340.773.1561 | ST. THOMAS MAIN OFFICE: 340.774.0828

ST. CROIX FAX: 340.773.0986 | ST. THOMAS FAX: 340.774.9587

HTTP://DPP.VI.GOV



Executed Letter



March 26, 2021



Mr. Carl Charleswell

Managing Member

Westbay Wholesale, LLC

70 Lindberg Bay 1 & 2

St. Thomas, VI 00804



RE: S022DOEC21 (WWL) Purchase and Delivery of Milk for the Department of

Education in the St. Croix District during the period of March 22, 2021 through

September 30, 2021.



Dear Mr. Charleswell:



Transmitted herewith is the attached fully executed Renewal Supply Contract (Supply

Contract) to provide Purchase and Delivery of Milk for the Department of Education in

the St. Croix District during the period of March 22, 2021 through September 30, 2021.

Westbay Wholesale, LLC will perform under this Contract in accordance with

Addendum I (Scope of Work), Addendum II (General Provisions), and Addendum III

(Termination of Contracts). Westbay Wholesale, LLC 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.



Respectfully,



Dynell R. Williams

Deputy Commissioner of Procurement



DRW/ajl



xe: Government of the Virgin Islands

File

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GOVERNMENT OF

THE VIRGIN ISLANDS OF THE UNITED STATES

=

DEPARTMENT OF PROPERTY AND PROCUREMENT

SUPPLY CONTRACT

No. $022D0EC21(WWL)

This AGREEMENT, made this 24th day of March 20 21



for the Purchase and Delivery of Milk for the Department of Education in the St. Croix _



District by and between the Government_o! the Virgin Islands, hereinafter called the

“GOVERNMENT”, and Westbay Wholesales LLC. whose address is 70 Lindberg Bay 1 & 2

St. Thomas, V1 00804 hereinafter called the “CONTRACTOR”.



WITNESSETH:



For, and in consideration of the acceptance of the Contractor’s proposal, under Invitation

for Bids No [FBQ46DQOEC2M(S) opened on August 12, 2020 and the award of this contract to

ihe Contractor, notification hereof having been made to the Contractor on February 24, 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 cach of them, it is mutually agreed

between the Parties as follows:



SECTION |. That for and in consideration of the price or prices and agreement in this

bid hereto attached and made a part of this Contract, the said Contractor agrees to furnish and

deliver any or all of the commodities described in the said Invitation for Bids No.

IFB046DOEC2(S) and the Scope of Work (Addendum 1) at the price or prices stated therein

and in strict accordance with the conditions of said accepted bid. The Advertisement, Invitation

for Bids, Scope of Work (Addendum I), General Provisions (Addendum II), Termination of

Contracts (Addendum III), Provisions from 2 CFR 200 - Appendix Ii (Addendum !V), any

Supplemental Provisions and Specifications and the Purchase Order, including any change

thereof, are al] part and parcel of this Contract and are by this reference, incorporated in this

Contract as fully and effectively as if set forth in detail herein.



SECTION 2. The Government, for and in consideration of the full and true performance

of the work by the Contractor, agrees to pay the price or prices set forth in the attached Invitation

for Bids and the line items as indicated in Addendum I[ (Scope of Work), in lawful money of the

United States, and the payment shall be made at the time and in the manner set forth in the

Invitation for Bids and the General Provisions.



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SECTION 3. This Contract shall commence on March 22, 2021 and shall terminate on



September 30, 2 unless mutually extended or terminated by the parties. The services under



this contract shall be for a period of one hundred & ninety-three days with a renewal option



for a period of one (1) year No alterations or variations of the terms of the proposal shall be

valid or binding upon the Government unless made in writing and approved by the Government.



SECTION 4. This Contract will remain in force for the full period specified and until all

articles or commodities ordered before the date of termination shall be satisfactorily delivered

and accepted and/or until all terms and conditions have been met, unless:



(a) terminated prior to expiration by satisfactory delivery against orders of entire

quantities contracted for; or



(b) extended upon written authorization of the Government and accepted by the

Contractor, to permit ordering of unordered balances or additional quantities at

contract price or prices and in accordance with the contract terms.



SECTION 5. Failure of the Contractor to deliver within the time specified, or within a

reasonable time as interpreted by the Government, or failure to make replacement of rejected

commodities when so requested, immediately or as directed by the Government, will constitute

authority for the Government to purchase in the open market to replace the commodities rejected

or not delivered. The Government reserves the right to authorize immediate purchases in the

open market against rejections on this contract when necessary. On all such purchases, the

Contractor agrees promptly to reimburse the Government for excess costs occasioned by such

purchases. Such purchases will be deducted from contract quantities. However, should public

necessity demand it, the Government reserves the right to use or consume commodities delivered

which are substandard in quality, subject to an adjustment in price to be determined by the

Government.



SECTION 6. By execution of this contract. the Contractor certifies that it is cligible 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 shal! 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.



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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. 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 mjury 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 II] (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.



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IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands on



the day and year first above written



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