Form No. DPP-IFB-55-75

APPROVED Com. DPP

October 30, 1974

REVISED; 3-18-08



GOVERNMENT OF

THE VIRGIN ISLANDS OF THE UNITED STATES

oO



DEPARTMENT OF PROPERTY AND PROCUREMENT



0

INVITATION FOR BIDS

)

Invitation No. IFB012DOET16(C) Date: July 28, 2016



Pursuant to Laws of the Government of the Virgin Islands sealed bids in

Quintuplicate (5) copies ((1) original and (4) copies) for the work described herein will

be received until Friday, August 12, 2016 at 10:00 a.m. at the Department of

Property & Procurement and publicly open thereafter.



Description of Work and Project Number: IFBO12DOET16(C) Kitchen

Renovation/Construction Services at the E. Benjamin Oliver Elementary School on St.

Thomas, Virgin Islands



Pre Bid Conference: A Pre Bid Conference will be held on Tuesday, August 2, 2016 at

11:30 0’clock a.m., at the Department of Property and Procurement.



Cost Per Set: $100.00 NON REFUNDABLE



Liquidated Damage: $100.00

Completion time of Work: 45 calendar days



Information regarding bidding documents



Bidding Documents include the Public Notice, this Invitation to Bid, Non-

Collusion Affidavit, Instruction to Bidders, Contractor’s Qualification Statement, the

Contract, Performance, Bid and Payment Bonds, General Provisions, Special Provision,

Supplemental Specifications, Plan and Specifications. All documents may be obtained

from the Department of Property and Procurement.



Each bid must be accompanied by a Bid Guarantee as provided for in Form No.

P&P-ITB-CC-16-73 (Instruction to Bidders) which is hereby made a part of this

Invitation and by this reference incorporated herein as fully and effectively as if set forth

in detail. Bid Guarantee for Preferred Bidders will be a specified in 31 V.I.C. 236a (Act

No. 2995 approved April 16, 1971) if Preferred Bidders Act applies. If Preferred Act

Form No. DPP-IFB-55-75

APPROVED Com. DPP

October 30, 1974

REVISED: 3-18-08



does not apply, failure to provide a Five (5%) percent bond will render the bid

unresponsive. It is the Bidder’s responsibility to determine if the Act Applies.



The Bid Guarantee for bidders not claiming or having the status of a preferred

bidder will be Five (5%) per cent of the bid price. Bid Guarantee will be in the form of a

Bond (Corporate or Individual Surety), Money Order, Certified Check, Irrevocable Letter

of Credit.



No Bidder will be allowed to withdraw his bond within a period of thirty (30)

calendar days following the date set for the opening thereof.



Preferred Bidder:



Any bidder claiming eligibility as a “preferred bidder” under the provision of the

Preferred Bidder’s Act (31 VIC 236a — Act No. 2995, approved April 16, 1971) must

request that his name be added to a preferred bidder’s list to be maintained by the

Commissioner of Property and procurement.



If a bidder has not previously filed a notarized Certificate with the Commissioner

of Property and Procurement, copies thereof may be obtained from the Department of

Property and Procurement, Division of Procurement, Building No. 1, Subbase, Third

Floor, St. Thomas, Virgin Islands and/or from 3274 Estate Richmond, Christiansted, St.

Croix, Virgin Islands.



Certifies must be fully completed, notarized and filed in the Division of

Procurement before the day and hour set for bid opening.



Contractor’s Qualification Statement



Each bidder must submit with his bid an executed copy of Contractor’s

Qualification Statement which is hereby made a part of this Invitation and by this

reference incorporated herein as fully and effectively as if set forth in detail.

BONDS:



A Bid Bond, Performance Bond and Payment each are required as follows:



Bid Bond: 5% of the Contract

Performance Bond: 100% of the Contract

Payment Bond: 100% of the Contract

DA lust not be later than bid|

BID BOND opening date) OMB NO.: 9000-0045

(See instruction on reverse)



Public reporting burden for this collection of information is estimated to average 25 minutes per response, including the time for reviewing instructions, searching existing data

sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other



Pare! of this collection of information, including suggestions for reducing this burden, to the FAR Secretariat (MVR), Federal Acquisition Policy Division, GSA, Washington, DC

405.



"PRINCIPAL (Legal name and business address) TTYPE OF ORGANIZATION 7° one]

C] INDIVIDUAL Oo PARTNERSHIP

OD JOINT VENTURE C] CORPORATION



STATE OF INCORPORATION



SURETY(IES) (Name and business address)



PENAL SUM OF BOND | BID IDENTIFICATION

pias AMOUNT NOT TO EXCEED BID DATE INVITATION NO.

PRICE MILLION(S) THOUSANDS) [HUNDRED(S) io

FOR (Construction,

|Supplies or Services)

OBLIGATION: :



We, the Principal and Suretylies) are firmly bound to the United States of America (hereinafter called the Government) in the above penal sum. For

payment of the penal sum, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. However, where the

Sureties are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum "jointly and severally” as well as “severally” only for the

purpose of allowing a joint action or actions against any or all of us. For all other purposes, each Surety binds itself, jointly and severally with the

Principal, oy the payment of the sum shown opposite the name of the Surety. If no limit of liability is indicated, the limit of liability is the full amount

of the penal sum.



CONDITIONS:

The Principal has submitted the bid identified above.

THEREFORE:



The above obligation is void if the Principal - {a) upon acceptance by the Government of the bid identified above, within the period specified therein for

acceptance (sixty (60) days if no period is specified), executes the further contractual documents and gives the bond(s) required by the terms of the

bid as accepted within the time specified (ten (10) days if no period is specified) after receipt of the forms by the principal; or (b) in the event of failure

to execute oe further contractual documents and give such bonds, pays the Government for any cost of procuring the work which exceeds the

amount of the bid.



Each Surety executing this instrument agrees that its obligation is not impaired by any extension(s) of the time for acceptance of the bid that the

Principal may grant to the Government. Notice to the surety(ies) of extension(s) are waived. However, waiver of the notice applies only to extensions

aggregating not more than sixty (60) calendar days in addition to the period originally allowed for acceptance of the bid.



WITNESS:



The Principal and Surety(ies) executed this bicl bond and affixed their seals on the above date.



PRINCIPAL

1 2. 3

SIGNATURE(S)

(Seal) (Seal) (Seal) Corporate

Names) & | 7 3. Seal

TITLE(S)

(Typed)

INDIVIDUAL SURETY(IES)

2.

SIGNATURE(S}

(Seal) (Seal)

NAME(S) 1. z

(Typed)

CORPORATE SURETY(IES)

NAME & STATE OF INC. LIABILITY LIMIT (3)

et | ADDRESS

> 1. 2.

5 |SIGNATURE(S) Corporate

« Seal

> | NAME(S) & 17 2;

) TITLES)

(Typed)

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 24 jrev. 10-98)



Previous edition is usable Prescribed by GSA - FAR (48 CFR) 53.228(a)

aie: ss SSS

NAME & STATE OF INC. LIABILITY LIMIT (8)

m| ADDRESS

> Ts 2.

by |SIGNATURE(S) |, Bonparste

cc Seal

| NAME(S) & [1 2.

TITLEIS)

yped)

NAME & STATE OF INC. |LIABILITY LIMIT ($)

©| ADDRESS

a 1 2.

i |SIGNATURE(S) Corporate

= Seal

Fr NAME(S) & [1 2,

TITLE(S)

(Typed)

HALE & STATE OF INC. LIABILITY LIMIT (8)

O| ADDRESS

~ 1. 2.

5; |SIGNATURE(S) Colporate

x Seal

a NAME(S) & |1. 2,

Weis

ype

se STATE OF INC. LIABILITY LIMIT ($}

u| ADDRESS

> T. ee

55 |siGNATURE(S) Corporate

& Seal

| NAME(S) & [1 2. Tai

TITLE(S)

yped)

NAME & STATE OF INC. LIABILITY LIMIT (3)

u.| ADDRESS

>

A 2.

by ISIGNATURE(S) | Corporate

cc | Seal

| NAME(S) & |1, 2.

els

yped]) |

NAME & STATE OF INC. LIABILITY LIMIT (3)

«| ADDRESS

> T. 2.

55 |SIGNATURE(S) Corporate

c Seal

rr NAME(S) & |1 2.

TITLE(S)

(Typed)



INSTRUCTIONS



1. This form is authorized for use when a bid guaranty is required. Any deviation from this form will require the written approval of the

Administrator of General Services.



2. Insert the full legal name and business address of the Principal in the space designated "Principal" on the face of the form. An authorized

person shall sign the bond. Any person signing in a representative capacity (e.g., an attorney-in-fact) must furnish evidence of authority if that

representative is not a member of the firm, partnership, or joint venture, or an officer of the corporation involved.



3. The bond may express penal sum as a percentage of the bid price. In these cases, the bond may state a maximum dollar limitation (e.g.,

(e.g., 20% of the bid price but the amount not to exceed dollars).



4. (a) Corporations executing the bond as sureties must appear on the Department of the Treasury's list of approved sureties and must act

within the limitation listed therein. where more than one corporate surety is involved, their names and addresses shall appear in the spaces

(Surety A, Surety B, etc.) headed "CORPORATE SURETY(IES).” In the space designed "SURETY(IES)" on the face of the form, insert only

the letter identification of the sureties.



(b) Where individual sureties are involved, a completed Affidavit of Individual surety (Standard Form 28), for each individual surety, shall

pore ales the bond. The Government may require the surety to furnish additional substantiating information concerning its financial

capability.



5. Corporations executing the bond shall affix their corporate seals. Individuals shall execute the bond opposite the word "Corporate Seal";

and shall affix an adhesive seal if executed in Maine, New Hampshire, or any other jurisdiction requiring adhesive seals.



6. Type the name and title of each person signing this bond in the space provided.



7. Inits application to negotiated contracts, the terms "bid" and “bidder” shall include "proposal" and "offeror."



2 ee SS ee

STANDARD FORM 24 (Rev. 10-98) BACK

DPP-NCA-52-75

REVISED: 3-18-08



GOVERNMENT OF THE VIRGIN ISLANDS

DEPARTMENT OF PROPERTY AND PROCUREMENT



NON-COLLUSION AFFIDAVIT



PERSE EU RAS ep men hnn nan mecnch nian smn wanceclnaauge wate U IE ULG Vay OT Gele cae. being duly sworn, deposes and says that —



(1) He is [owner, partner, officer, representative, or agent] Of ..............cccecceseccceccececessescescescesesecs,



Hit Scone y penne ain aware Kasorn hie RANIOSOUIORRS da AC DAUR EEPRD NLS vee du the bidder that has submitted that attached bid:

(2) He is duly informed respecting the preparation and contents of the attached bid and of all pertinent

circumstances respecting such bid:

(3) Such bid is genuine and is not a collusive or sham bid;

(4) Neither the said bidder nor any of its officers, partners, owners, agents, representatives, employees



Or parties in interest, including this affiant, has in any way colluded, conspired. connived or agreed, directly

or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the

contract for which the attached bid has been submitted or to refrain from bidding in connection with such

contract, or has in any manner, directly or indirectly. sought by agreement or collusion or communication or

conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other

bidder, or to fix any overhead, profit or cost element of the price or the bid price of any other bidder, or to

secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against The

Government of the Virgin Islands or any person interested in the proposed contract: and



(5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any

collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents,



representatives, owners, employees, or parties in interest. including this affiant.



Signature of Affidavit



SUBSCRIBED AND SWORN to before me this...............  CCOP rancor seem



Notary Public

P & P-COS-13-73



COMM. OF PROP, & PROC.



APPROVED: 3-26-73



REVISED 3-18-08



GOVERNMENT OF



THE VIRGIN ISLANDS OF THE UNITED STATES



CONTRACTOR’S



QUALIFICATION STATEMENT



CONTRACTOR



ie eee eee eee eee ee eee



ADDRESS



ieee eT TE PT TT eee ee eee eee eee



DATE



ESS eee eee eee ee eee er rer ree



TEL. NUMBER



eee hh Tee ee Te ee ee eee



CEL. NUMBER



ith eee ee Te eee ee ee ee ee eee

P & P-COS-13-73



COMM. OF PROP. & PROC,



APPROVED: 3-26-73



REVISED 3-18-08



1. How many years experience in construction work has your organization had



(a) As a General Construction



SERRE MER UR RT EES AeA BM HW a Raa Ra SS ge wo arma aera -p eeceomutaierere



(b) As a Sub-Contractor



SE STR GR A Se mm RA eae a a ie WR ole aret na ain woe ENTER Aa gg gla ae eee ee a



2. List the construction contracts your organization has under way on this date:



Percent



Contract Amount



Class of Work



Location



Name of Owner



Completed



3. List contracts your organization has completed in the past three years:



Contract Amount



Class of Work



Completed



Location



Name of Owner



sh

P & P-COS-13-73



COMM. OF PROP. & PROC.

APPROVED; 3-26-73

REVISED 3-18-08



4. Have you ever failed to complete any work awarded to you? ...........006ecccecccceeececeeececccee



If so where and why?



PRR MEURSEha ibe at nt RAE RR REM AEC AA Ar Sn a a ae alin Pa ale ea na TES aT aR oop me wae ae ms mwa: baal a rmrec aint aac



5. Has any officer or partner of your construction ever been an officer or parent of some other organization that



failed to complete a construction contract? ............. If so, state name of individual, other organization and



reason therefore



TR PRIEST RRSP REE RIA nS Sa Re iti EN ig ae a al WES gow wim wae Smee ew ek ede wy sew mm -wginm, green: wi nuninmacma ep me alee

P & P-COS-13-73



COMM. OF PROP. & PROC.



APPROVED: 3-26-73



REVISED 3-18-08



8. What is the construction experience of the principal individual of your organization?



Present Position



Years of



Individual’s Name



Construction



Magnitude and Type



or Office



of Work



In what Capacity



Experience



9. In what manner have you inspected this proposed work? Explain in detail.



EE LEELA EES ES EE ee ES RR ORE Rom me eR Ra Ri ee a a eR ep eee ie eames alle eal a Tal Bn wi tag Westie Aa eww! Bie aba ln UN wie le GSES ew be ible rw SSeS



SEE EE RE SER RES Se Re me SSE AS OR RR ee RR Re ee a awe aw 8 ae ee a RAL a ieee ace we ee ieee ala Ma aia Rie pw bile gua alee ee Se ee ae



10. Explain your plan or lay out for performing the proposed work.



SESE EL RSNA RS OB RB a AR Re ae ae eee el wa WA We ww wf Cal wie ee Wi aR ad ow al ae cmc eee poe mica ace erm aceara cate



Fee i rr rene ae ee eee en ee ee ee ee oe



aaa iia aad allied a Ne Nisei it als tnd ae tN Rill ote ASS Ee ee he od ee TET ee TT ee ee Te eee eae ere



mn EE ee SE a ee ee a eek ee rome meee me RR em a ee a a aa eee ew ae ae eS eee aS aa wo le a ES Se I WE ate a



EE Se re Ae ae em a em me mmc R RE a moe am me mm a ae ae ee a Tas WO waa Te, Re Re eee Se ep



pe ee ET EE, SR ee ee ee ee RS eee eee a ee ee ae ee a ae ae eae eR ae ees Eo ep ley ae ek Dee Le eS ye



eerie ee Lat ee a ae a a a a ee a a os eee ere ka are na



ke i ee ee ee ee ee ae PC ee oe ot ea oe Tae at ee Yee ee er a eee ee



EN LA RL RR Se OR Ra aa Ra: AMOR eRe pee emma mmm a ww a eo WR A TR REN WORSE TRS RNR aE aw Ww le 9 SE gi Se ae



Se ete ee ARES OO SM A i I A em a am SS i ee ier ece REL aaa Ag lw LR SO BW ca lcd, ae enttee de eummvare a actin



iy:

P & P-COS-13-73



COMM. OF PROP. & PROC.

APPROVED: 3-26-73

REVISED 3-18-08



11.



12.



I3.



14.



15.



16.



BEBE ROCA RR RES RS RE Eee i aR on le ae eR a We A Ra a ee we wall es Bor 9 om ae ame am cm gi eee mee ab nalw espn



If you intend to sublet the transportation or perform it through an agent, stat estimated amount of sub-contract

or agent's contract, and , if known, the name and address of sub-contract or agent, amount and type of his

equipment and financial responsibility.



Do you intend to do grading and foundation work with your own forces?



Hs0. Give type GEC Inpineat 16 DE HEE: axscesscvcwens civics 12, onenadeedoundeustvonhmmeshtddnedansormelnatnasiinonens



If you intend to sublet the grading and foundation work or perform it through sub-contract, give the name and

address of sub-contractor, if known of his equipment and financial responsibility.

P & P-COS-13-73



COMM. OF PROP. & PROC.



APPROVED: 3-26-73



REVISED 3-18-08



17. Ifso, state amount of sub-contract, and if known, the name and address of the sub-contractor, amount and



type of his equipment and financial responsibility.



SL ORECAST RRR Gm TC mL RE NA A a aR eo a Ta waar a Tm oe Ee Spe gp mom See aie a “ale Siw A pe pore ow eceemnen ca ce-eca cen ees w a: eyecare “a



SE RSS CE RR mm am A ia i a Ee NRC eR ence emcee a Be a eek oe Da aw a fa ee eg



EEE ER SRE BRR a a Sa NS a a a RR ee em ee mmm mew rel A eA ea Tem ae daa) Se SER ae ale 2 ee a eats



18. From which sub-contractors do you expect to require a bond?



SPA eR eee ee



SORE SRA RE SR A ee eR ea eee eee ie elma a ee eae ae ee ae ae eee welcome a ep pe Se a hole data edly ee eta ee



SSE SRS CSIR ATSC Rm A Ie Ra ee i Ra, wc NR ae Te aa gg ag at mca nap Sone get rn Suite Os wc RTM chy erp od mem se ecm eminence.



19. What equipment do you own that is available for proposed work?



Description,



Years of



Quantity



Item



Condition



Present Location



Size, Capacity, Etc.



Service



-6-

DPP-FS—64_75

Approved 5/7/75

Revised 3/18/08



Give Condensed Current Financial Statement



Condition at Close of Business — Date



oo ~)



10.



11



12.

13:



ASSETS

. Cash (a) on hand $ .................. 06 (b)tnBank: (Go cedsscdsccciec ad thw ey

(cy Elmewhere  Syetvocvleantvat eth:

(d) Total Cash: ($...05 es. .-sceeraneceavers

fa De WEI OU DONG oe ccnhxerswcun'otd acissveoeawntine ae

(b) Due after ......... GAYS scxscusnnedeearesienvaretn evel ey

4) PASE NG gc peters eres Hed pd poke dleesarnaannnediebes

. Accounts receivable from completed contracts, exclusive of claims not

approved for payment .. i sileesiiat

. Sums earned on uncom pleted contracts 2 as s shown wy Enpireer’s s or

Architect’s estimate

(a) Amount receivable after deducting retainage ..................0cc0cceeeseeeee

(b) Retainage to date due to upon commencement of Contracts

. Accounts receivable from source other then commencement of

A ORITOE UR: 0 enenennrsehnawnmnenthionsnmmessenumeadtumxacianhanmncenve ass



. Notes receivable



(b) Recoverable after ......... LIS pec Recent dened u inset tite eee teen F



. Interest accrued on loan, securities, et. .........0.c0ccceccecceccccceesserceceeecead

. Real estate: (a) Used for business purposes vc .cvessicapiies a aceseeeess

(b) Not used for business purposes ..........0.6:0s:ccccccessseseeseeeeeeee

. Stocks and Bonds (a) Listed - present market value .....................000 0005

(b) Unlisted — present valle w.0. 2.000. 08iccevec eeu seeneee nies

Materials in stock not included in Item 4

(a) For uncompleted controls (present value) ............... 00.0.0 cence ences eee eeee

(b) Othermaterials (present VANE) ‘saaccescnsasnncennadd onli delet dakar thaiedecmnn'ts

EB Quipiient, BOOK VaIiejpacsseneweeit sts ma et AR OR

Furniture and fixtures, book value .......0...0 0... cece cece cecacccccceueeenaeeuseeuns

OB 0 CLG: = Se aE Re POOR Ee URL OLNEY RTL CREO OY

TOTAL ASSETS



Dollars



Cents



th



~~)



LIABILITIES

. Notes payable:(a) To banks regular: «..).002,5.<cenevcstanvardacnenes soctauonedd aed



(b) To bank for certified Cheeks... .cssscssasisccssswwemersseMeuwsiwahad -



(c) To others for equipment obligations ...........:..scnesssecececeerscdeeganesee’s

(d) To others exclusive of equipment obligations ....................c0.0ceeee eed

Apeunt payable (a) NOR pAat Bue: cies aniston util

(B) Paste ecm tes oysse sar tun be seh et pert seen ieee



Real Estate Gncum Gramees nn dae ning = sanecnevcrerersacew her Pondhherstices daxsunsuseetion

. Other Liabilities: cccciccceresces Jivwweiaindaanlouse’ coxa uw neuduntveaeceeemauanmennltes

SARESGIVES. nacsenamneacoaonmeinesiiaanshecciasar eeu ait Nee

. Capital stock paid up (a) Comition SEPP EERE MR OANA LATA 7 ANY Tose REPRE OMAN Or

(OB): OMIM, os celle nine Saealeg veoaiva Cea tetbenateeianna iene



(6) Preterted 22 i050 ered sed hcowsedal endtcuclen casas vmaaad



() Preterted ecu css scpas ea Hes tee a Re aie as WEES



eLrplus (net worth)’ Earmed Ge) dei ossesstoostunesdheocde heanweuetinanagiesneniered



ineamed fy tlle el i UL or Vb



TOTAL LIABLITIES

GIVE CONDENSED CURRENT FINANCIAL STATEMENT Cont



CONTINGENT LIABILITIES



Liability on notes receivable, discounted or sold



oe i ee ee



Pe a ee een nearer



Liability on accounts receivable, pledged, assigned or sold



Liability s bondman



ee ei ee en



Liability as guarantor on contracts or on accounts of others



Other contingent liabilities



Ce a eee eae ae ee ate er



TOTAL CONTINGENT



LIABILITIES



include all amounts owing subcontractors for all work in placed and accepted on completed and uncompleted



contracts, including retainage.



This is to certify that the information herein reported is to



the best of our knowledge true and accurate.



ee a eee a ee ee ee ee



Name of Company



ee ee ee ee ie ee ee ee



Print Name



Signature



ee ee i ee ee ee er a ee er



Telephone Number / Cell Phone Number



2:

=

Form P & P - A15-1-73



Approved 3-26-73 AFFIDAVIT OF INDIVIDUAL SURETY

Cc hee 8 si (See Instructions on Page 2)



COUNTY OF



MY NAME (first, middle, last) MY ADDRESS (street and number, city and State)

TYPE AND DURATION OF MY OCCUPATION NAME OF MY EMPLOYER

MY BUSINESS ADDRESS (Street and number, city and State) Amount | am worth in Real Estate and Personal Property over and



above (7) All my debts and liabilities owing and incurred. (2) Any

property exempt from execution (3) Any pecuniary interests | have in

the business of the principal on said bond. And (4) Any interest |

have in any so-called community property,



LOCATION AND DESCRIPTION OF REAL ESTATE OF WHICH | AM SOLE OWNER IN FEE SIMPLE (not exempt from seizure and

sale under any homestead law, community or marriage law, or upon attachment, execution, or judicial process)



FAIR VALUE OF SUCH REAL ESTATE ASSESSED VALUE OF SUCH REAL ESTATE FOR TAXATION

PURPOSES



ALL MORTGAGES OR OTHER ENCUMBRANCES AGAINST ASOVE REAL ESTATE. THERE BEING NO OTHERS (if none, so state)



MY LIABILITIES OWING AND INCURRED DO NOT EXCEED| Amount | am wonh iW Real Estee ane Personal Properly over



THE AMOUNT OF Personal property subject to execution and sale. This amount being

additional to the rea! estate above described



THE ABOVE PERSONAL PROPERTY CONSISTS OF THE FOLLOWING



ALL OTHER BONDS ON WHICH ! AM SURETY (state character and amount of each bond; if none: so state)



MY SIGNATURE AS SURETY



Subscribed and sworn to before me this date at



OFFICIAL SEAL



(Signature) (Title of official administering oath) (Date)

CERTIFICATE OF SUFFICIENCY



| HEREBY CERTIFY, that the surety named herein is personally known to me: that, in my judgment, said surety is responsible, and

qualified to act as such; and that, to the best of my knowledge and belief, the facts stated by said surety in the foregoing affidavit are true.



NAME (typewritten) SIGNATURE



OFFICIAL TITLE



ADDRESS



INSTRUCTIONS



1. This form shall be used whenever sureties on bonds to be executed in connection with Government contracts are individual sureties.

There shall be no deviation from this form except as authorized by the Department of Property and Procurement.



2. A firm, as such, will not be accepted as a surety, nora partner for copartners or for a firm of which he is a member. Stockholders of a

corporate principal may be accepted as sureties provided their qualifications as such are independent of their stockholdings therein.

Sureties, if individuals, shall be citizens of the United States or Resident Aliens who have declared their intention to become United States

Citizen.



3. The individual surety shall justify, under oath, in a sum not less than the penalty of the bond, according to the form appearing on the

face hereof, before a notary public, or some other officer having authority to administer oaths generally. If the officer has an official seal, it

shall be affixed, otherwise the proper certificate as to his official character shall be furnished. Where citizenship is not required, as

provided in paragraph 2 of these instructions, the affidavit may be amended accordingly.



4. The certificate of sufficiency shall be signed by an officer of a bank or trust company, under Oath by two persons not related to the

surety.



5. By signing this affidavit, the individual surety agrees to assign to the Government of the Virgin islands as security for performance by

the Principal such real and/or personal property as the Government of the Virgin Islands shall designate having a fair market value of three

times the bonded amount.

GENERAL INFORMATION

FOR

BIDDERS ON GOVERNMENT CONSTRUCTION PROJECTS



0



Authority:



Title 31, Section 236 of the Virgin Islands Code, expressly confers upon the

Commissioner of Property and Procurement the power to contract for and on behalf of the

Government of the Virgin Islands. This authority has been delegated to a limited extent, in



accordance with 31 VIC 250 (a), to certain officials of the Department of Property and

Procurement,



It is the bidder's responsibility to learn the limitations of an agent's authority. Since the

Government does not exist as a person, its function must of necessity be carried out by agents,

and it can... as a rule of thumb . . . be held liable only if these agents are authorized to

act... and if they act . . . within the limitations of their authority. Hence, always be sure that the

person with whom you are dealing has the authority to act.



Invitation to Bids:



Public Projects are generally performed following public notices and advertisement:

competitive bidding, and awarding of a contract therefor. Bidding documents including plans and

specifications, together with specific and detailed instructions, are generally purchasable for a fee

and may often be obtained at the Main Offices of the Department of Property and Procurement.



In order for a proposal to receive consideration it must conform to the advertisement and

specifications and be clear and positive so that the Commissioner may determine therefrom

exactly what the bidder proposes to do and the price therefor. Before filing a proposal, a bidder

should read Form No. DPP-ITB-CC-16-73 (Instructions to Bidders—Construction Contracts) and

all supplementary instructions. You are urged to familiarize yourself with Form No. DPP-GP-15-

73 (General Provisions, Construction Contract.)



Purpose of Competition



The underlying purpose for requiring competitive bidding is to promote and encourage

competition and to guard against favoritism, improvidence, extravagance, fraud and corruption.

Of equal importance is the desire to secure the best work at a cost considered most advantageous

to the Government, quality offered, delivery terms and service reputation taken into

consideration.



Competitive bidding is for the benefit of taxpayers and not for the benefit or

enrichment of bidders and the statute will be so administered in order to accomplish this

purpose fairly and reasonably with the sole reference to the public interest.



Upon previously satisfying certain prerequisites all parties claiming the ability to perform

the advertised contract will be allowed to compete freely without any unreasonable restrictions.

Every element which enters into the competitive scheme will be applied and required equally for

all and will not be left to the volition of any individual aspirant.



Opening and Recording of Bids:

At the hour and date previously set the bids will be "publicly opened" and full disclosure

thereof made and recorded. Bids are generally . . . but not statutorily required to be . . . read



May 1974

Revised 3-18-08

aloud. Thus, the reading will be confined to pertinent information such as the name of the bidder

(whether or not he is a preferred bidder), address, period allowed for acceptance, discount for

prompt payment, price, and time of delivery.



Any bidder or his authorized representative, the general public, the press and any others

having a legitimate interest will be permitted to inspect and copy the original record of the bids.

None of the records will be allowed to pass out of the hand of the official charged with

conducting the bid opening.



Acceptance or Rejecting of Proposals



Bids may be rejected on the basis of an administrative determination that rejection is in

the best interest of the Government. This power will be exercised with a great deal of caution,

prudence and good faith and under clear and unmistakable guidelines heretofore established.



Award under a formal advertisement will be made to the bidder offering the most

advantageous service to the Government, quality offered, delivery terms and service reputation

taken into consideration. There are three (3) elements to eligibility for award: (a) responsiveness

to the bid; (b) responsibility of the bidder and (c) price, "quality offered, delivery terms and

service reputation.”



Definition of Elements:

(a) Responsiveness to the bid specifications:

Bid must meet all requirements specified therein. Bid must not contain any restrictions

or qualifications beyond those stipulated in the Invitation.



(b) Responsibility of the Bidder:

Bidder must have the facilities technical capability and financial resources to complete

contract in accordance with the terms of the Invitation.



(c) Price reasonableness, "quality offered, delivery terms and service reputation."

All costs must be included. Your bid is your formal offer to supply the require items at

the price you indicate and on the terms we specify. Don't promise deliveries cannot

fulfill. Past performance will be thoroughly checked prior to the awarding of

any contract.



A bid generally will be considered "responsive" if it constitutes a definite, final and

unqualified offer to meet the material terms of the invitation. A material term is that which could

affect price, quality, quantity or delivery or is clearly required by the terms of the invitation to bid

and non-compliance therewith is regarded as fatal to the bid for reasons of policy.



Minor informalities will be ignored. A minor informality is a non-conformity which is

merely a matter of form or is some non-essential variation. Refer to our Purchasing Manual of

Procedures for detailed information.



The Contract



After the bids have been fully evaluated and a determination made there follows the

actual acceptance by the Government and notification to the successful bidder. Thereafter a

written contract is executed by the parties.



The written contract will generally embody and include by reference the Advertisement,

Proposal, Contract Bonds, General Provisions, Special Provisions and Plans and Specifications.



May 1974

Revised 3-18-08

Notice to Proceed and all Work Orders will then follow.



If the successful bidder, after being notified of the award and tender of the written

contract, fails to execute same within the period set the Government may annul same and in such

case the bid deposit will be forfeited and become the property of the Government.



Operation and Administration of Contract

The contractor is wholly responsible for the timely and satisfactory performance of the contract.

He should either have adequate working capital or have a reasonably sound arrangement for

obtaining such capital. Sufficient working capital is the contractor's problem and lack of such

capital will mot constitute an excusable cause for delay. Additionally, the contractor must have

the proper staff and necessary equipment to perform the contract.



Strict Compliance



The Government is ordinarily entitled to get the construction features it has specified.

It is not within the province of the contractor to substitute his judgment by determining that

something different is suitable. Government officials who are not technically authorized to issue

either formal or constructive Change Orders do not generally hesitate to do so. Fortunately, there

is a good, practical and legal solution to this problem. Immediately consult with the

Commissioner or his duly authorized representative.



An inspector is not generally authorized to make a contract change. Only the Contracting

Officer—the Commissioner of the Department of Property and Procurement.



Changes and Differing Site Conditions



These provisions are without doubt the most significant features of a Government

Contract. By these provisions the Government can unilaterally change the contract and hold the

contractor to performance as changed.



You are therefore urged to read and re-read Section 3 and 4 of the General Provisions of

your Contract.



The Differing Site Conditions Clause —Section 4 of the General Provisions—is new. It

provides a clear course of action which if followed by the contractor could remove one element

of gambling.



Disputes and Remedies



Section 6 of the General Provisions provides a workable machinery for the asserting and

settling of bona fide controversies which may arise under the contract. The clause provides the

oil which lubricates the entire machinery of Government Contracts.



The very structure of a Government Contract places the burden on the Contractor.



After receipt of a Change Order—or a constructive change order—you are legally

required by the contract to proceed with the work as changed, and to fight out the question of

compensation later through the Disputes Clause, no matter how long that may take or how

difficult it may be. If you fail to perform the changed work, you may be terminated for default,

unless, of course the work is impossible to perform.



In order to recover for the cost of financing the Changed Work you should assert your

claim as promptly as possible. A prompt assertion of claim will protect you if done within the



May 1974

Revised 3-18-08

specified time period.



Remember always an assertion of-claim must be filed personally with the contracting

officer or his authorized representative. No magic language is necessary to assert a claim. A

simple notice of intent may as a rule of thumb be sufficient. Oral notice of claims should always

be supplemented in writing.



The disputes clause is included in the contract purposefully and is intended, absent fraud

or bad faith, to provide a quick and efficient administrative remedy and to avoid vexatious and

expensive litigations.



Termination for Default—Damages for Delay—Time Extensions



In Government Contracts, time is of the essence. If a contractor refuses or fails to: (i)

make progress; (ii) perform, or (iii) complete the project within the time specified, he has in

essence breached the contract. This gives the Government the right to cancel—that is terminate—

the contract.



Subparagraphs (b) and (c) of Section 5 of this Clause set forth the damages to which the

Government is entitled if the default termination is valid and upheld. In addition to excess costs,

the Government may also recover administrative costs and other direct damages. These kinds of

damages are not covered by subparagraph (b). They may only be recovered as "other remedies"

under subparagraph (g).



"Excusable Delay" is permitted under subparagraph (d). The excuses granted in this

clause are generally far more liberal than those generally accorded to delinquent contractors in

commercial contracts.



The provisions under subparagraph (e) have been included to prevent the contractor

from obtaining breach of contract damages in the event the termination for default was

improper for any reason whatsoever.



Subparagraph (g) is a "catchall" provision. Most often, this clause is used to recoup

damages other than "excess costs" provided for in subparagraphs (b) and (c).



General



Government contract imposes upon its contractors responsibilities with respect to

subcontractors. These require suitable surveillance of subcontractors to insure proper

performance.



The official spokesman of the Government of the Virgin Islands, with authority under

Government Contracts, is the Commissioner of Property and Procurement and/or his duly

authorized representative. Neither his superiors nor his subordinates speak with that authority. He

carries a special warrant to perform that function.



The Contracting Officer (The Commissioner of the Department of Property and Procurement)

will deal with the contractor on behalf of the Government in accordance with the express term of

the contract and the law. He will not waive vested rights of the Government. He will include in

the contract those clauses required by law or the Rules and Regulations and administer them in

accordance with law.



In all matters where his discretion is to be exercised he will not function alone. He will

obtain the consent to his decision of all interested advisors and counselors.



May 1974

Revised 3-18-08

DIVISION I GENERAL REQUIREMENTS



SECTIONS 242-1 THROUGH 242-108, OF THE VIRGIN ISLANDS RULES AND

REGULATIONS, PUBLISHED DECEMBER 1974 GOVERNING GENERAL

CONDITIONS FOR CONTRACTING FOR PUBLIC WORKS PROJECTS ARE BY

THIS REFERENCE INCORPORATED IN THIS CONTRACT AS FULLY AND



EFFECTIVELY AS IF SET FORTH IN DETAIL.

ADDITIONAL INSTRUCTIONS



1. INSTRUCTION TO BIDDERS



1. General Information



This request is not to be construed as creating any contractual relationship between

the Government of the Virgin Islands (GVI) and any other party. The GVI reserves

the right to negotiate final contract terms with any and all firms after the bids have

been received. Upon award of the contract, the Commissioner of Property and

Procurement will provide a project inspector who will function as the Owner's

representative and project manager. The incurred preparation expenses of this offer

shall be borne solely by the bidder.



Insurance Requirements



The following insurance requirements must be met within ten (1 0) working days after

notice to proceed and documentation of coverage shall be provided to the GVI:



a. CERTIFICATE OF GOVERNMENT INSURANCE COVERAGE

(Submit a hard copy of current certificate.)



b. GENERAL PUBLIC LIABILITY:



1.



The Contractor shall obtain, pay for, and keep in force the following

insurance, effective in all localities where the Contractor may

perform any work hereunder, with such carrier or carriers as shall be

acceptable to the GVI. Prior to starting work hereunder, the

Contractor shall deliver to the GVI certificates of insurance

evidencing that such insurance is in effect and providing that the

insurer will give the GVI at least 10 days written notice of any

material change in or cancellation of such insurance. The copies of

certificates shall be delivered to the Department of Property and

Procurement.



Contractor's Insurance: Workmen's Compensation, including

coverage for occupational diseases or equivalent required by law in

any event covering all of the Contractor's employees who may be

engaged directly or indirectly in any work hereunder. Certificates

indicating coverage for a limited time only shall not be in

compliance herewith.



Employer's liability (including coverage for occupational diseases),

$500,000 minimum for the injury or death of any one employee in

any one accident; $1,000,000 for the injury or death of more than

one employee in anyone accident.



lof5

Comprehensive General Public Liability (including assumed by

contract): Bodily injury, $1,000,000 minimum for the injury or death

of any one person in an occurrence; for the injury or death of more

than one person in anyone occurrence.



Property damage: $500,000 minimum per occurrence; $1,000,000

minimum in the aggregate. The property damage coverage shall

include explosion, collapse, undermining, and damage to

underground utilities.



Comprehensive Automobile Liability: Covering owned, hired, and

other non-owned vehicles of the Contractor.



Bodily Injury: $500,000 minimum for the injury or death of any one

person in anyone occurrence; $1,000,000 minimum for the injury or

death of more than one person in anyone occurrence.



c. ADDITIONAL INSURANCE REQUIREMENTS:



ls



All policies must provide for no less than 30 days written notice of

cancellation or material change.



The GVI must be names as “Additional Insured” on all general

liability and umbrella policies.



If any policy or insurance or any term or condition thereof shall not

be satisfactory to the GVI, the Contractor shall make all reasonable

efforts to secure insurance satisfactory to the GVI.



Nothing herein shall be construed to authorize the Contractor to

secure policies of insurance not specified above, covering risks

against which the GVI has insurance.



The Contractor shall give prompt notice to the GVI of all personal

injuries and all losses of or damage to property arising out of work

under this contract for which a claim might be made against the GVI

and shall promptly report to the GVI all such claims of which the

Contractor has notice, whether relating to matters insured or

uninsured.



No settlement or payment of any claims for loss, injury, or damage,

other matter as to which the GVI may be charged with obligation

make any payment or reimbursement shall be made by the

Contractor without the written approval of the GVI.



2 0f 5

7. The General Contractor shall indemnify and save harmless the GVI

and the Project Manager for and against all suits, claims, or liability

on account of any injuries to persons or damage to property arising

out of the negligent acts of the contractor and/or failure to comply

with the terms and conditions of said Contract, whether by himself,

his employees, and subcontractors, but only in respect to such

injuries damages sustained during the performance and prior to the

completion and acceptance of the work covered by the Contract.



3. Site Examination



a. Bidders are required to carefully examine the site, all drawings, contract



documents, Bidding Requirements, Contract Forms and Technical

Specifications prior to submitting their bid.



b. The Bidder shall be aware of the nature, location and general conditions of

the work site. The Bidder has gained full knowledge of the working

conditions and other facilities which will have bearing on the performance of

Bidder's work. Any failure by the Bidder to acquaint himself with all the available



information does not relieve the Bidder from any responsibility for properly

performing the work.



4. Submission Logistics



The sealed envelope containing the bid must have the following information written

on the outside of the envelope:



SEALED BID - DO NOT OPEN



Bid No.



(Name of Bidder)



(Mailing Address of Bidder)

(Telephone number of Bidder)

(Fax number of Bidder)



(Date of bid opening)



(Time of bid opening)



5. Conflict of Interest



A Bidder filing a bid hereby certifies that no officer, agent, or employee of GVI has a

pecuniary interest in this bid or has participated in contract negotiations on behalf of

GVI; that the bid is made in good faith without fraud, collusion, or connection of any

kind with any other Bidder for the same request for bids; the Bidder is competing

solely in its own behalf without connection with, or obligation to, any undisclosed

person or firm.



3 of 5

The GVI reserves the right to accept or reject any and all bids or to waive any

informalities in the bid process or have the work performed by other means.



Il. GENERAL TERMS AND CONDITIONS APPLICABLE AFTER AWARD OF

CONTRACT



is Payroll Documents



a. The Contractor and subcontractor shall comply with all rulings and

interpretations of the Davis-Bacon Act (40 USC 276a-5) and related Acts

contained in 29 CFR, Parts 1, 3, and 5.



Zi Safety



a. The Contractor shall maintain an adequate safety program to insure the safety

of contractor employees, subcontractor employees, and all other individuals

working under this contract. The Virgin Islands Occupational Safety and

Health Act (OSHA) provides for safety and health protection for employees on

the job. The contractor is required to comply with the OSHA standards.

In addition, the contractor must also provide the GVI with a written safety

program that he intends to follow in pursuing work under this contract.

No work under this contract will be permitted until the GV] is assured that the

contractor has an adequate safety program in effect.



3. Subcontractors and Suppliers



a. No portion of the work shall be subcontracted without prior written consent of

the GVI. In the event that the contractor desires to subcontract some part of

the work specified herein, the contractor shall furnish the GVI the names,

qualifications and experience of their proposed subcontractors. The contractor

shall, however, remain fully liable and responsible for the work to be done by

his subcontractor(s) and shall assure compliance with all requirements of the

contract.



b. A list of names of the subcontractors or other person or organizations

(including those who are to furnish materials or equipment fabricated to a

special design) proposed for the principal portions of the work is to be

submitted to the GVI within ten (10) days of notification of selection for the

award of contract.



c. The contractor will be responsible to the GVI for all aspects of the work and



may not subcontract under any circumstances more than forty-nine percent

(49%) thereof.



4. Uniform Building Code



a. All work done will be in compliance with the current Uniform Building

Code and all other applicable Virgin Islands code.



4 of 5

=F Compliance with Copeland Act Requirements



a.



The Contractor and subcontractor shall comply with the requirements of the



Copeland “Anti-Kick Back” Act (18 USC 874) as supplemented in Department of

Labor Regulations (29 CPR, part 3).



6. Equal Employment Opportunity



a.



The Contractor and subcontractor shall be in compliance with Executive

Order 11246, entitled "Equal Employment Opportunity", as amended

Executive Order 113754, and as supplemented in Department of Labor

Regulations (41 CFR, Part 60).



7. Contract Work Hours and Safety Standards Act



a.



The Contractor and subcontractor shall comply with regulations and standards

of the Contract Work Hours and Safety Standards Act (40 USC 327-330) as

supplemented by the Department of Labor Regulations (29 CFR, Part 5).



8. Clean Air and Water Act (applicable to contracts in excess of $100,000.00)



a.



The Contractor and subcontractor shall comply with regulations issued by the

United States Environmental Protection Agency (EPA), 40 CFR, Part 15,

pursuant to the Clean Air Act, as amended ("Air Act"), 42 USC 7401, et Seq.,

the Federal Water Pollution Control Act) as amended ("Water Act"), 33 USC

1251, et. Seq., and Executive Order 11738.



9, Examination and Retention of Contractor Records



a.



The Owner or Comptroller General of the United States, or any of their duly

authorized representatives shall, until 3 years after fin'al payment under this

contract, have access to and the right to examine any of the Contractor's

directly pertinent book's, documents, papers, or other records involving

transactions related to this contract for the purpose of making audit,

examination, excerpts and transcripts.



10. Confidential Material



a.



Any material submitted by the Bidder that is considered as confidential in nature

must be clearly marked as such. In addition, Bidders must agree that all

records and data associated with the GVI are to be considered proprietary and

confidential.



5 of 5

FORM P & P-N& -14.73

AFPROVED: 3-26-73

COMM. OF PROP. & PROC.

REVISED; 3-18-08



NOTICE TO BIDDER

(Construction Contract)



IMPORTANT — PLEASE READ CAREFULLY



To insure the submission of complete bids and to avoid omissions that could resuit in your

bid being non-responsive, please check each of the following:



1:



2



Have you rechecked your estimate? Are all items and amounts included?



1s bid arnount entered in the proper space provided on the Bid Form (Coristruction

Contract)?



Have you completed all Alternates, Separated Prices and Unit Prices {if any) on

Bid Forrn?



- Have you acknowledged receipt of all amendments (if any) issued to the



specifications?

Do your listed subcontractors meet alll applicable qualifications requirements?



Does your bid guarantee conform to the requirements of Invitation for Bids and

Instructions to Bidders?



Have you read the clause ‘Termination for Default - Damages for Delay - Time

Extensions,” General Provisions {Construction Contract), on delays and damages?



Submission and acceptance of your bid commits you to complete your contract

within the time specified. The contract may provide for assessment of liquidated

damages for each day’s delay beyond the contract time, for which a time extension

is not granted.



Have you familiarized yourself with the applicable contracting provisions covering

Utilization of Small Business Concems and the Small Business Subcontracting

Program.



CAUTION—LATE BiDS— instructions to Bidders, clause entitled “Late Bids and

Modifications of Withdrawals” which provides that late bids and modifications of

withdrawals thereof sent through the maiis ordinarily will be considered only if timely

mailed by REGISTERED MAIL or by CERTIFIED MAIL for which a POSTMARKED

RECEIPT has been obtained.



SPECIAL ATTENTION BIDDERS

RELEASE OF CLAIMS UNDER CONTRACT



WHEREAS, the terms of a contract dated , entered into by the Government of the Virgin

Islands, represented by Property & Procurement Contracting Officer, and , a corporation

organized and existing under the laws of the U.S. Virgin Islands with principal offices in , St.

Thomas, V.I., for the , State that: "Upon completion and acceptance of all work required



hereunder, the amount due the contractor under this contract will be paid upon the presentation of a properly

executed and duly certified voucher therefor, after the contractor shall have furnished the Government with a

release, if required, of all claims against the Government arising under and by virtue of this contract, other such



claims, if any, as may be specifically excepted by the contractor from the operation of the release in stated amounts



to be set forth therein,"



NOW, THEREFORE, in consideration of the premises and the payment by the Government of the Virgin



Islands to the contractor of the amount due under the contract the sum of the contractor hereby



remises, releases, and forever discharges the Government from all manner of debts, dues, sum or sums of money,

accounts, claims, and demands whatsoever, in law and in equity, under or by virtue of the said contract and warrants

good title to all materials, supplies and equipment installed or incorporated in the

cui eke euler NE \sstseesetseeeeseeee and all work delivered in the premises, together with all improvements

and appurtenances constructed thereon DY ...............cccccceeeceecueceecce eeu eeeceerantes to the Government of the

Virgin Islands free of any claims, liens, or charges; further, that neither it nor any person, firm or corporation

furnishing any material or labor for any work covered by this contract has any unpaid expenses or wages for such



material or labor nor has any right to a lien upon the premises or any improvements or appurtenances thereon.



IN WITNESS WHEREOF, the hand and seal of the contractor have been hereunto set this



(seal)



L, , certify that I am the President of the corporation named as contractor herein; that

, who signed this release on behalf of the corporation, was then President of said corporation and that



said release was duly signed for and on behalf of said corporation by authority of its governing body.

CONSTRUCTION CONTRACT



THIS AGREEMENT is made this___ day of , 2016 in

the Territory of the Virgin Islands, by and between the Government of the

Virgin Islands, Department of Property & Procurement, on behalf of the

Department of Education (hereinafter referred to as “Government’) and

Contractor’s Name (hereinafter referred to as “Contractor”).



WITNESSETH:



WHEREAS, the Government is in need of a contractor to furnish all

labor, materials and equipment necessary for the Kitchen Renovation/

Construction Services at the E. Benjamin Oliver Elementary School on

St. Thomas Virgin Islands in strict accordance with the plans and

specifications (incorporated by reference and made a part of this contract),

which duties and responsibilities are more particularly described in

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

Warranties together with the additional General Provisions — Construction),

Addendum III (Termination of Contracts), and Addendum IV

(Compensation) attached hereto; and



WHEREAS, the Contractor represents that it is willing and capable of



providing such services;



Contractor’s Initials

IFB012DOET16 (C)

NOW, THEREFORE, in consideration of the mutual covenants herein

contained, and intending to be legally bound by this written instrument, the

parties hereto do covenant and agree as follows:

ke SERVICES



The Contractor will provide the services described more particularly

in Addendum I (Scope of Work) incorporated herein by reference and made

a part of this construction contract.



2. TERM



This Contract shall commence upon execution by the Governor and

shall terminate within Forty Five (45) calendar days thereafter, or in

accordance with an agreed upon extension pursuant to the General

Provisions. Particular reference should be made to the Notice to Proceed.



3. COMPENSATION



The Government, in consideration of satisfactory performance of the

services described in Addendum I, agrees to pay the Contractor the sum of

Dollar Amount ($0.00) in accordance with the provisions set forth in

Addendum IV (Compensation), attached hereto is hereby incorporated by



reference and made a part of this contract.



Contractor’s Initials

IFBO12DOET16 (C)

4. LIQUIDATED DAMAGES



It is hereby expressly agreed by the parties hereto that in the event the

Contractor has not completed the scope of work under the term set forth in

Paragraph 2 hereof, liquidated damages of One Hundred dollars ($100.00)

for each calendar day or portion thereof shall be due the Government. The

liquidated damages shall first be deducted from any contract monies due, but

not yet paid to the extent available.



5. RECORDS



The Contractor will present documented, precise records of time

and/or money expended under this Contract.

6. PROFESSIONAL STANDARDS



The Contractor agrees to maintain the professional standards

applicable to its profession and to Contractors doing business in the United

States Virgin Islands.



7. DOCUMENTS, PRINTOUTS, ETC.



Certified copies of all documents, books, records, instructional

materials, programs, printouts and memoranda of every description derived

therefrom and pertaining to this Contract shall become the property of the

Government and shall be turned over to it at the termination of this Contract,



or at the Government’s request, during the life of the contract. The above-



Contractor’s Initials

IFB012DOET16 (C)

described materials shall not be used by Contractor or by any other person or

entity except upon the written permission of the Government.

8. LIABILITY OF OTHERS



Nothing in this Contract shall be construed to impose any liability

upon Government to persons, firms, associations, or corporations engaged

by Contractor as servants, agents, independent contractors, or in any other

capacity whatsoever, or make the Government liable to any such persons,

firms, associations or corporations for the acts, omissions, responsibilities,

obligations and taxes of Contractor or whatsoever nature, including but not

limited to unemployment insurance and social security taxes for Contractor,

its servants, agents or independent contractors.

9. ASSIGNMENT



The Contractor shall not subcontract or assign any part of the



services under this contract without the prior written approval of the

Government.

10. INDEMNIFICATION



Contractor agrees to indemnify, defend, and hold harmless the

Government from and against any and all loss, damage, liability, claims,

demands, detriments, cost, charges and expenses (including attorney’s fees)



and causes of action of whatsoever character which the Government may



Contractor’s Initials _

IFB012DOET 16 (C)

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.

ll. INDEPENDENT CONTRACTOR



The Contractor shall perform this Contract as an independent

contractor and nothing herein contained shall be construed to be inconsistent

with this relationship or status.

12. GOVERNING LAW



This Contract shall be governed by the laws of the United States

Virgin Islands and jurisdiction and venue are exclusive in the United States

Virgin Islands.

13. WAIVERS AND AMENDMENTS



No waiver, modification, or amendment of any term, condition or

provision of this Contract shall be valid or of any force or effect unless made

in writing, signed by the parties hereto or their duly authorized

representatives, and specifying with particularity the nature and extent of

such waiver, modification, or amendment. Any such waiver, modification,

or amendment in any instances shall in no event be construed to be a general

waiver, modification, or amendment of any of the terms, conditions, or



provisions of this Contract, but the same shall be strictly limited and



Contractor’s Initials_

IFB012DOET16 (C)

restricted to the extent and occasion specified in such signed writing or

writings.

14. ENTIRE AGREEMENT

This agreement constitutes the entire agreement of the parties relating to the

subject matter addressed in this agreement. This agreement supersedes all

prior communications, contracts, or agreements between the parties with

respect to the subject matter addressed in this Agreement, whether written or

oral.

15. 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 the Government may deem ample

to protect it against loss or to assure payment of claims arising therefrom,

and, at its option, the Government may apply such sums in such manner as

the Government may deem proper to secure itself or to satisfy such claims.

The Government will immediately notify the Contractor in writing in the

event that it elects to exercise its right to withhold.

16. CONDITION PRECEDENT



This Contract shall be subject to the availability and appropriation of



funds and to the approval of the Governor



Contractor’s Initials

IFB012DOET16 (C)

17. TERMINATION



Either Party will have the right to terminate this contract with cause

on ten (10) days written notice to the other party specifying the date of

termination. The attached “Addendum II- Termination of Contracts for the

Convenience of the Government” is hereby fully incorporated herein by

reference and is made a part of this agreement.

18. PARTIAL TERMINATION



The performance of work under this contract may be terminated by

the Government in part, whenever the Government shall deem such

termination advisable. This partial termination shall be effected by

delivering to the Contractor a Notice of Partial Termination specifying the

extent to which the term and/or duties under this contract are terminated and

the date upon which such termination becomes effective. The Contractor

shall be entitled to receive payment for services provided to the date of

termination, including payment for the period of the ten (10) days notice.

19. NON-DISCRIMINATION



No person shall be excluded from participating in, be denied the

proceeds of, or be subject to discrimination in the performance of this

Contract on account of race, creed, color, sex, religion, disability or national



origin.



Contractor’s Initials

IFBO12DOET16 (C)

20. CONFLICT OF INTEREST



(a) Contractor covenants that it has no interest and will not acquire any

interest, direct or indirect, which would conflict in any manner or degree

with the performance of services required to perform under this Contract.



(b) Contractor further covenants that it is:



(1) not a territorial officer or employee (i.e., the Governor,

Lieutenant Governor, member of the Legislature or any other

elected territorial official; or an officer or employee of the

legislative, executive, or judicial branch of the Government or

any agency, board, commission, or independent instrumentality

of the Government, whether compensated on a salary, fee or

contractual basis); or



(2) a territorial officer or employee and, as such, has:



(i) familiarized itself with the provisions of Title 3,

Chapter 37, Virgin Islands Code, pertaining to

conflicts of interest, including the penalties

provisions set forth in section 1108 thereof;



(ii) not made, negotiated or influenced this contract, in



its official capacity;



Contractor’s Initials

IFBO12DOET16 (C)

(iii) no financial interest in the contract as that term is

defined in section 1101, (1) of said Code chapter.

21. EFFECTIVE DATE

The effective date of this Contract is upon the execution by the

Governor.

22. NOTICE



Any notice required to be given by the terms of this Contract shall be

deemed to have been given when the same is sent by certified mail, postage



prepaid or personally delivered, addressed to the parties as follows:



GOVERNMENT Randolph N. Bennett

Commissioner

Department of Property and Procurement

#8201 Sub Base 3 Floor, St. Thomas

U.S. Virgin Islands 00802



Honorable Sharon Ann McCollum, Ph.D.

Commissioner



Department of Education



1834 Kongens Gade



St. Thomas, Virgin Islands 00802



CONTRACTOR Contractor’s Name

Title

Company’s Name

Contractor’s Address



Contractor’s Initials

IFBO12DOETI16 (C)

23. LICENSURE



The Contractor covenants that it has:

a. obtained all of the applicable licenses or permits, temporary or

otherwise, as required by Title 27 of the Virgin Islands Code;

and

b. familiarized itself with the applicable provisions of Title 27 of

the Virgin Islands Code pertaining to professions and

occupations.

24. CONTRACTOR’S REPRESENTATIONS



The Contractor agrees that he is fully informed regarding all the

conditions affecting the work to be done and labor and materials to be

furnished for the completion of the Contract, and that he has been engaged

in and now does such work and represents that he is fully equipped,

competent, and capable of performing the work and is ready and willing to

perform such work.



The Contractor agrees further to begin work not later than the

date indicated on the formal notice to proceed and complete the work within

the number of days specified in the proposal or as extended in accordance



with the General Provisions of the Contract.



Contractor’s Initials

IFBO12DOET16 (C)

The Work shall be done under the direct supervision of the

Government, and in accordance with the laws of the Government and it

Rules and Regulations thereunder issued and any and all applicable federal

rules and regulations. The parties hereto agree that this contract shall, in all

instances, be governed by the Laws of the Government of the Virgin Islands.

25. WARRANTY OF NON-SOLICITATION



The Contractor expressly warrants that he has employed no person to

solicit or obtain this contract on his behalf, or to cause or procure the same

to be obtained upon compensation in any way, contingent, in whole or in

part, upon such procurement, and that he has not paid, or promised or agreed

to pay to any person, in consideration of such procurement, or in

compensation for services in connection therewith, any brokerage,

commission, or percentage upon the amount receivable by him hereunder;

and that he has not, in estimating the contract price demanded by him

included any sum by reason of such brokerage, commission or percentage;

and that all monies payable to him hereunder are free from obligation to any

other person for services rendered, or supposed to have been rendered, in the

procurement of this contract.



Breach of the warranty shall give the Government the right to



terminate this Contract, or in its discretion, to deduct from the contract price



Contractor’s Initials

IFBO12DOET16 (C)

or consideration the amount of such commission, percentage, brokerage or

contingent fees.

26. FALSE CLAIMS

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.

27. OTHER PROVISIONS



Addendum IJ (General Provisions and Warranties) and Addendum III

(Termination of Contracts) attached hereto are hereby incorporated by



reference and made a part of this contract.



Contractor’s Initials

IFB012DOET 16 (C)

IN WITNESS WHEREOF, the parties have hereunto set their hands



on the day and year first above written.



WITNESSES: GOVERNMENT OF THE VIRGIN ISLANDS



Date:



Randolph N. Bennett

Commissioner

Department of Property and Procurement



Date:

Sharon Ann McCollum, Ph. D.

Commissioner

Department of Education

CONTRACTOR



Date:



Contractor’s Name, Title

Company’s Name



(Corporate seal, if Contractor is

corporation)



APPROVED:



Date:



Governor’s Name

GOVERNOR OF THE VIRGIN ISLANDS



APPROVED AS TO LEGAL SUFFICIENCY

AT THE DEPARTMENT OF JUSTICE BY:

Date



LORG: ACCT: CE:



Purchase Order No.



Contractor’s Initials

IFBO12DOET16 (C)

Addendum I



Scope of Work



IFB012DOETI6 (C)



Cc



Initial

Addendum II



General Provisions and Warranties



Additional General Provisions - Construction



Contractor’s Initials

IFB012DOET16 (C)

STANDARD FORM NO. P & P-GP-15-73

APPROVED: 3-26-73



COMM OF PROP. & PROC



REVISED: 3-18-08



GENERAL PROVISIONS

(CONSTRUCTION CONTRACT)



1. DEFINITIONS



(a) The term “Contracting Officer” as used herein means the

person executing this contract on behalf of the Government and

includes a duly appointed successor or authorized

representative.



2, SPECIFICATIONS AND DRAWINGS



The Contractor shall keep on the work a copy of the drawings

and specifications and shal] at all times give the Contracting

Officer access thereto. Anything mentioned in the specifications

and not shown on the drawings, or shown on the drawings and

not mentioned in the specifications, shall be of like effect as if

shown or mentioned in both. In case of difference between

drawings and specifications, the specifications shall govern. In

case of discrepancy either in the figures, in drawings, or in the

specifications, the matter shall be promptly submitted to the

Contracting Officer, who shall promptly make a determination

in writing. Any adjustment by the Contractor without such

determination shall be at his own risk and expense. The

Contracting Officer shall furnish from time to time such detail

drawings and other information as he may consider necessary,

unless otherwise provided.



3. CHANGES



(a) The Contracting Officer may, at any time, without notice

to the sureties, by written order designated or indicated to be

change order, make any change in the work in the general scope

of the contract, including but not limited to changes:



(i) In the specifications (including drawings and designs):



(ii) In the method or manner of performance of the work;



(iii) In the Government-furnished facilities, equipment,

materials, services, or site, or



{iv) directing acceleration in the performance of the work.



(b) Any other written order or an ora! order (which terms as

used in this paragraph (b) shall include direction, instruction,

interpretation, or determination) from the Contracting Officer,

which causes any such change, shall be treated as a change

order under this clause, provided that the Contractor gives the

Contracting Officer written notice stating the date,

circumstances, and source of the order and that the Contractor

regards the order as a change order.



(c) Except as herein provided, no order, statement, or conduct

of the Contracting Officer shall be treated as a change under this

clause or entitle the Contractor to an equitable adjustment

hereunder.



(d) If any change under this clause causes an increase or

decrease in the Contractor’s cost of, or the time required for, the

performance of any part of the work under this contract,

whether or not changed by any order, an equitable adjustment

shall be made and the contract modified in writing accordingly:

Provided, however, That except for claims based on defective



specifications, no claim for any change under (b) above shall be

allowed for any costs incurred more than 20 days before the

Contractor gives written notice as therein required: And

provided further, That in the case of defective specifications for

which the Government is responsible, the equitable adjustment

shall include any increase cost reasonably incurred by the

Contractor in attempting to comply with such defective

specifications.



(e) Ifthe Contractor intends to assert a claim for an equitable

adjustment under this clause, he must, within 30 days after

receipt of a written change order under (a) above or the

furnishing of a written notice under (b) above, submit to the

Contracting Officer a written statement setting forth the general

nature and monetary extent of such claim, unless this period is

extended by the Government. The statement of claim hereunder

may be included in the notice under (b) above.



(f) No claim by the Contractor for an equitable adjustment

hereunder shall be allowed if asserted after final payment under

this contract.



4. DIFFERING SITE CONDITIONS



(a) The Contractor shall promptly, and before such conditions

are disturbed, notify the Contracting Officer in writing of: (1)

Subsurface or latent physical conditions at the site differing

materially from those indicated in this contract, or (2) unknown

physical conditions at the site, of an unusual nature, differing

material from those ordinarily encountered and generally

recognized as inhering in work of the character provided for in

this contract. The Contracting Officer shall promptly investigate

the conditions, and if he finds that such conditions do materially

so differ and cause an increase or decrease in the Contractor’s

cost of, or the time required for, performance of any part of the

work under this contract, whether or not changed as a result

such conditions, an equitable adjustment shal] be made and the

contract modified in writing accordingly.



(b) No claim of the Contractor under this clause shall be

allowed unless the Contractor has given the notice required in

(a) above; provided, however, the time prescribed therefore may

be extended by the Government.



(c) No claim by the Contractor for an equitable adjustment

hereunder shall be allowed if asserted after final payment under

this contract.



5. TERMINATION FOR DEFAULT—DAMAGES FOR

DELAY—TIME EXTENSIONS



(a) If the Contractor refuses or fails to prosecute the work, or

any separable part thereof, with such diligence as will insure its

completion within the time specified in this contract, or any

extension thereof, or fails to complete said work within such



time, the Government may, by written notice to the Contractor,

STANDARD FORM NO. P & P-GP-15-73

APPROVED 3-26-73



COMM OF PROP & PROC.



REVISED 3-| 8.08



terminate his right to proceed with the work of such part of the

work as to which there has been delay. In such event the

Government may take over the work and prosecute the same to

completion, by contract or otherwise, and may take possession

of and utilize in completing the work such materials, appliances,

and plant as may be on the site of the work necessary therefore.

Whether or not the Contractor’s right to proceed with the work

is terminated, he and his sureties shall be liable for any damage

to the government resulting from his refusal or failure to

complete the work within the specified time.



(b) If fixed and agreed liquidated damages are provided in

the contract and if the Government so terminates the

Contractor’s right to proceed, the resulting damage will consist

of such liquidated damages until such reasonable time as may

be required for final completion of the work together with any

increased costs occasioned the Government in completing the

work.



({c) If fixed and agreed liquidated damages are provided

in the contract and if the Government does not so terminate the

Contractor’s right to proceed, the resulting damage will consist

of such liquidated damages until the work is completed or

accepted.



(d) The Contractor’s right to proceed shall not be so

terminated nor the Contractor charged with resulting damage if:



{1) The delay in the completion of the work arises from

unforeseeable causes beyond the control and without the fault or

negligence of the Contractor, including but not restricted to, acts

of God, acts of the public enemy, acts of the Government in

either its sovereign or contractual capacity, acts of another

contractor in the performance of a contract with the

Government, fires, floods, epidemics, quarantine restrictions,

strikes, freight embargoes, unusually severe weather, or delays

of subcontractors or suppliers arising from unforeseeable causes

beyond the control and without the fault or negligence of both

the Contractor and such subcontractors or suppliers; and



(2) The Contractor, within 10 days from the beginning of

such delay (unless the Contracting Officer grants a further

period of time before the date of final payment under the

contract,) notifies the Contracting Officer in writing of the

causes of delay.



The Contracting Officer shall ascertain the facts and the extent

of any delay and extent the time for completing the work when,

in his judgment, the findings of facts justify such an extension,

and his findings of fact shall be final and conclusive on the

parties, subject only to appeal as provided in Clause 6 of these

General Provisions.



(e) If, after notice of termination of the Contractor’s right to

proceed under the provisions of this clause, it is determined for

any reason that the Contract was not in default under the

provisions of this clause, or that the delay was excusable under

the provisions of this clause, the rights and obligations of the



parties shall, if the contract contains a clause provided for

termination for convenience of the Government, be the same as

if the notice for termination had been issued pursuant to such

clause. If, in the foregoing circumstances, this contract does not

contain a clause providing for termination for convenience of

the Government, the contract shall be equitable 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 are in addition to any other rights and remedies

provided by law or under this contract.



(g} As used in Paragraph (d) (1) of this clause, the term

‘Subcontractors or Suppliers’ means Subcontractors or

Suppliers at any tier.



6. 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 head of

the Agency involved. The decision of the head of the agency or

his duly authorized representative for the determination if such

appeals shall! be final and conclusive. This provision shall not be

pleaded in any suit involving a question of fact arising under

this contract as limited judicial review of any such decision to

cases where fraud by such official or his representative or board

is alleged: Provided, however, That any such decision shall be

final and conclusive unless the same is fraudulent or capricious

or arbitrary or so grossly erroneous as necessarily to imply bad

faith or is 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

questions of law in connection with decisions provided for in

paragraph (a) above. Nothing in this contract, however, shall be

constructed as making final the decision of any administrative

official, representative, or board on a question of law.



7. PAYMENTS TO CONTRACTOR

(a) The government will pay the contractor price as

hereinafter provided.



(b) The Government will make progress payments monthly

as the work proceeds, or at more frequent intervals as

STANDARD FORM NO P & P-GP-15-73

APPROVED: 3-26-73



COMM OF PROP. & PROC



REVISED: 3-18-08



determined by the Contracting Officer, on estimates approved

by the Contracting Officer. If requested by the Contracting

Officer, the Contractor shall furnish a break down of the total

contract price showing the amount included therein for each

principal category of the work, in such detail as requested, to

provide a basis of determining progress payments. In the

preparation of estimates the Contracting Officer, at his

discretion, may authorize material delivered on the site and

preparatory work done to be taken into consideration. Material

delivered to the Contractor at locations other than the site may

also be taken into consideration (1) if such consideration is

specifically authorized by the contract and (2) if the Contractor

furnishes satisfactory evidence that he has acquired title to such

material and that it will be utilized on the work covered by this

contract.



(c) In making such progress payments, there shall be retained

10 percent of the estimated amount until final completion and

acceptance of the contract work. However, if the Contracting

Officer, at any time after 50 percent of the work has been

completed, finds that satisfactory progress is being made, he

may authorize any of the remaining progress payments to be

made in full. Also, whenever the work is substantially complete,

the Contracting Officer, if he considers the amount retained to

be in excess of the amount adequate for the protection of the

Government, at his discretion, may release to the Contractor all

or a portion of such excess amount. Furthermore, on completion

and acceptance of each separate building, public work, or other

division of the contract, on which the price is stated separately

in the contract, payment may be made therefore without

retention of a percentage.



(d) All material and work covered by progress payments

made shall thereupon become the sole property of the

Government, by this provision shall not be construed as

relieving the Contractor from the sole responsibility for all

material and work upon which payments have been made or the

restoration of any damaged work, or a waiving the right of the

Government to acquire the fulfiliment of all the terms of the

contract.



(e) Upon completion and acceptance of all work, the amount

due to the Contractor under this contract shall be paid upon the

presentation of a properly executed voucher and after the

Contractor shall have furnished the Government with a release,

if required, of all claims against the Government arising by

virtue of this contract, other than claims in stated amounts as

may be specifically excepted by the Contractor from the

operation of the release. If the Contractor’s claim to amounts

payable under the contract has been assigned under the

Assignment of Claims Act of 1940, as amended (31 U.S.C. 203,

41 U.S.C. 15), a release may also be required of the assignee.



8. ASSIGNMENT OF CLAIMS



(a) If this contract provides from payments aggregating

$1,000 or more, claims for moneys due or to become due to the

Contractor from the Government under this 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 to become due under this

contract shall not, to the extent provided in said Act, as

amended, be subject to reduction or setoff.



9. MATERIAL AND WORKMANSHIP



(a) Unless otherwise specifically provided in this contract, all

equipment, material, and articles incorporated in the work

covered by this contract are to be new and of the most suitable

grade for the purpose intended. Unless otherwise specifically

provided in this contract, reference to any equipment, material,

article, or patented process, by trade name, make, or catalog

number, shall be regarded as establishing a standard of quality

and shall not be construed as limited competition, and the

Contractor may, at his option, use any equipment, material,

article, or process which, in the judgment of the Contracting

Officer is equal to that named. The Contractor shall furnish to

the Contracting Officer for his approval the name of the

manufacturer, the mode] number, and other identifying data and

information respecting the performance, capacity, nature, and

rating of the machinery and mechanical and other equipment

which the Contractor contemplates incorporating in the work.

When required by this contract or when called for by the

Contracting Officer, the Contractor shall furnish the Contracting

Officer for approval full information concerning the material or

articles which he contemplated incorporating in the work. When

so directed, samples shall be submitted for approval at the

Contractor’s expense, with all shipping charges prepaid.

Machinery, equipment, material, and articles installed or used

without required approval shall be at risk of subsequent

rejection.



(b) All work under this contract shall be performed in a

skillful and workmanlike manner. The Contracting Officer may,

in writing, require the Contractor to remove from the work any

employee the Contracting Officer deems incompetent, careless,

or otherwise objectionable.



10. INSPECTION AND ACCEPTANCE



(a) Except as otherwise provided in this contract, inspection

and test by the Government of material and workmanship

required by this contract shall be made at reasonable times and

at the site of the work, unless the Contracting Officer

determines that such inspection or test of material which is to be

incorporated in the work shall be made at the place of

production, manufacture, or shipment of such material. To the

extent specified by the Contracting Officer at the time of

determining to make off-site inspection or test, such inspection

or test shall be conclusive as to whether the material involved

conforms to the contract requirements, Such off-site inspection

or test shall not relieve the Contractor of responsibility for

STANDARD FORM NO. P & P-GP-15-73

APPROVED: 3-26-73



COMM OF PROP & PROC.



REVISED 3-18-08



damage to or loss of the material prior to acceptance, nor in any

way affect the continuing rights of the Government after

acceptance of the completed work under the terms of paragraph

(f) of this clause, except as hereinabove provided.



(b) The Contractor shall, without charge, replace any material

or correct any workmanship found by the Government not to

conform to the contract requirements, unless in the public

interest the Government consents to accept such material or

workmanship with an appropriate adjustment in contract price.

The Contractor shall promptly segregate and remove rejected

material from the premises.



{c) If the Contractor does not promptly replace rejected

material or correct rejected workmanship, the Government qd)

may, by contract or otherwise, replace such material or correct

such workmanship and charge the cost thereof to the

Contractor, or (2) may terminate the Contractor’s right to

proceed in accordance with Clause 5 of these General

Provisions.



(d) The Contractor shall furnish promptly, without additional

charge, all facilities, labor, and material reasonably needed for

performing such safe and convenient inspection and test as may

be required by the Contracting Officer. All inspection and test

by the Government shall be performed in such manner as not

unnecessarily to delay the work. Special, full size, and

performance tests shall be performed as described in this

contract. The Contractor shall be charged with any additional

cost of inspection when material and workmanship are not

ready at the time specified by the Contractor for its inspection.



(e) Should it be considered necessary or advisable by the

Government at any time before acceptance of the entire work to

make an examination of work already completed, by removing

or tearing out same, the Contractor shall, on request, promptly

furnish all necessary facilities, labor, and material. If such work

is found to be defective or nonconforming in any material

respect, due to the fault of the Contractor or his subcontractors,

he shall defray all the expenses of such examination and of

satisfactory reconstruction. If, however, such work is found to

meet the requirements of the contract, an equitable adjustment

shall be made in the contract price to compensate the Contractor

for the additional services involved in such examination and

reconstruction and, if completion of the work has been delayed

thereby, he shall, in addition, be granted suitable extension of

time.



(f) Unless otherwise provided in this contract, acceptance by

the Government shall be made as promptly as practicable after

completion and inspection of all work required by this contract.

Acceptance shall be final and conclusive except as regards

latent defects, fraud, or such gross mistakes as may amount to

fraud, or as regards the Government’s rights under any warranty

or guarantee.



11. SUPERINTENDENCE BY CONTRACTOR

The Contractor shall give his personal superintendence to



the work or have a competent foreman or superintendent,

Satisfactory to the Contracting Officer, on the work at all times

during progress, with authority to act for him.



12. PERMITS AND RESPONSIBILITIES



The Contractor shall, without additional expense to the

Government, be responsible for obtaining any necessary

licenses and permits, and for complying with any applicable

Federal, State, and municipal laws, codes, and regulations, in

connection with the prosecution of the work. He shall be

similarly responsible for all damages to persons or property that

occur as a result of his fault or negligence. He shall take proper

safety and health precautions to protect the work, the workers,

the public, and the property of others. He shall also be

responsible for all materials delivered and work performed until

completion and acceptance of the entire construction work,

except for any completed unit of construction thereof which

therefore may have been accepted.



13. CONDITIONS AFFECTING THE WORK



The Contractor shall be responsible for having taken steps

reasonably necessary to ascertain the nature and location of the

work, and the general and local conditions which can affect the

work or the cost thereof. Any failure by the Contractor to do so

will not relieve him from responsibility for successfully

performing the work without additional expense to the

Government. The Government assumes no responsibility for

any understanding or representations concerning conditions

made by any of its officers or agents prior to the execution of

this contract, unless such understanding or representations by

the Government are expressly stated in the contract.



14, OTHER CONTRACTS



The Government may undertake or award other contracts for

additional work, and the contractor shall fully cooperate with

such other contactors and Government employees and carefully

fit his own work to such additional work as may be directed by

the Contracting Officer. The Contractor shall not commit or

permit any act which will interfere with the performance of

work by any other contractor or by Government employees.



15. PATENT INDEMNITY



Except as otherwise provided, the Contractor agrees to

indemnify the Government and its officers, agents, and

employees against liability, including costs and expenses,

arising out of the performance of this contract or out of the use

or disposal by or for the account of the Government of suppliers

furnished or construction work performed hereunder.



16, ADDITIONAL BOND SECURITY



If any surety upon a bond furnished in connection with this

contract becomes unacceptable to the Government, or 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

Government and of persons supplying labor or materials in the

prosecution of the work contemplated by this contract.

STANDARD FORM NO P & P-GP-15-73

APPROVED: 3-26-73



COMM. OF PROP, & PROC



REVISED: 3-18-08



17. COVENANT AGAINST CONTIGENT FEES



The Contractor warranis 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.



18. OFFICIALS NOT TO BENEFIT



No member of the Legislature or members of Congress shall

be admitted to any share or part of this contract, or to any

benefit that may arise there from; but this provision shall not be

construed to extend to this contract if made with a corporation

for its general benefit.



19. UTILIZATION OF SMALL BUSINESS CONCERNS



(a) It is the policy of the Government as declared by the

Legislature that a fair proportion of the purchases and contracts

for suppliers and services for the Government be placed with

small business concerns.



(b) The Contractor agrees to accomplish the maximum

amount of subcontracting to small business concerns that the

Contractor finds to be consistent with the efficient performance

of this contract.



(c) Contractor shall hire, in addition to any other employee

he may retain, apprentices or trainees or both or the

performance of the work hereunder, the total number of which

shall be determined by the Director of the Division of

Apprenticeship and Training upon the basis of one (1)

Apprentice (or Trainee) for the first journeyman steadily

emplo’ e (1) additional Apprentice (or Trainee) for

evi wo (2) additional eyman steadily e



(d) Within ten days of the execution of this Agreement the

contractor shall submit to the Division of Apprenticeship &



Training, and to the Contracting Officer (The Commissioner of

the Department of Property and Procurement) a list of the

occupations for which Journeymen will be required in the



performance of this contract.



(e) Veterans of the U.S. Armed Forces shall be given priority

with the respect to the hire of Apprentices and Trainees.



({f) Failure of Contractor to comply with the aforesaid

provisions of this section shal] be a material breach thereof.



20. SUSPENSION OF WORK



(a) The Contracting Officer may order the Contractor in

writing to suspend, delay, or interpret all or any part of the work

for such period of time as he may determine to be appropriate

for the convenience of the Government.



(b) If the performance of all or any part of the work is, for an

unreasonable period time, suspended, delayed, or interrupted by

an act of the Contracting Officer in the administration of this

contract, or by his failure to act within the time specified in this

contract (or if no time is specified, within a reasonable time), an

adjustment shall be made for any increase in the cost of

performance of this contract (excluding profit) necessarily

caused by such unreasonable suspension, delay, or interruption

and the contract modified in writing accordingly. However, no

adjustment shal! be made under this clause for any suspension,

delay, or interruption to the extent (1) that performance would

have been so suspended, delayed, or interrupted by any other

cause, including the fault or negligence of the Contractor

or (2) for which an equitable adjustment is provided for or

excluded under any other provision of this contract.



(c) No claim under this clause shall be allowed (1) for any

costs incurred more than 20 days before the Contactor shall

have notified the Contracting Officer in writing of the act or

failure to act involved (but this requirements shall not apply as

to a claim resulting from a suspension order), and (2) unless the

claim, in an amount stated, is asserted in writing as soon as

practicable after the termination of such suspension, delay, or

interruption but not later than the date of final payment under

the contract.

Amendment to Section 19 Standard Form No. DPP-GP-15-73



GENERAL PROVISIONS

(CONSTRUCTION CONTRACT)



“19 UTILIZATION OF APPRENTICES OR TRAINEES &

SMALL BUSINESS CONCERNS



“(c) Contractor shall hire, in addition to any other employee he may retain,

apprentices or trainees or both or the performance of the work hereunder, the

total number of which shall be determined by the Director of the Division of

Apprenticeship and Training upon the basis of one (1) Apprentice (or



Trainee) for the first journeyman steadily employed, and one (1) additional



Apprentice (or Trainee) for every two (2) additional Journeyman steadily

employed.



“(d) Within ten days of the execution of this Agreement the contractor

shall submit to the Division of Apprenticeship & Training, and to the

Contraction Officer (The Commissioner of the Department of Property and

Procurement) a list of the occupations for which Journeymen will be

required in the performance of this contract.



“(e) Veterans of the U.S. Armed Forces shall be given priority with the

respect to the hire of Apprentices and Trainees.



“(f) Failure of Contractor to comply with the aforesaid provisions of this

section shall be a material breach thereof.”

STANDARD FORM NO, P & P-GP-15-73

APPROVED: 3-26-73



COMM, OF PROP. & PROC,



REVISED: 3-18-08



ADDENDUM II



GENERAL PROVISIONS

(CONSTRUCTION CONTRACT)



1. DEFINITIONS



(a) The term “Contracting Officer” as used herein means the

person executing this contract on behalf of the Government and

includes a duly appointed successor or authorized

representative.



2. SPECIFICATIONS AND DRAWINGS



The Contractor shall keep on the work a copy of the drawings

and specifications and shall at all times give the Contracting

Officer access thereto. Anything mentioned in the specifications

and not shown on the drawings, or shown on the drawings and

not mentioned in the specifications, shall be of like effect as if

shown or mentioned in both. In case of difference between

drawings and specifications, the specifications shall govern. In

case of discrepancy either in the figures, in drawings, or in the

specifications, the matter shall be promptly submitted to the

Contracting Officer, who shall promptly make a determination

in writing. Any adjustment by the Contractor without such

determination shall be at his own risk and expense. The

Contracting Officer shall furnish from time to time such detail

drawings and other information as he may consider necessary,

unless otherwise provided.



3. CHANGES



(a) The Contracting Officer may, at any time, without notice

to the sureties, by written order designated or indicated to be

change order, make any change in the work in the general scope

of the contract, including but not limited to changes:



(i) In the specifications (including drawings and designs):



(ii) In the method or manner of performance of the work;



(iii) In the Government-furnished facilities, equipment,

materials, services, or site, or



(iv) directing acceleration in the performance of the work.



(b) Any other written order or an oral order (which terms as

used in this paragraph (b) shall include direction, instruction,

interpretation, or determination) from the Contracting Officer,

which causes any such change, shall be treated as a change

order under this clause, provided that the Contractor gives the

Contracting Officer written notice stating the date,

circumstances, and source of the order and that the Contractor

regards the order as a change order.



(c) Except as herein provided, no order, statement, or conduct

of the Contracting Officer shall be treated as a change under this

clause or entitle the Contractor to an equitable adjustment

hereunder.



(d) If any change under this clause causes an increase or

decrease in the Contractor’s cost of, or the time required for, the

performance of any part of the work under this contract,

whether or not changed by any order, an equitable adjustment

shall be made and the contract modified in writing accordingly:

Provided, however, That except for claims based on defective



specifications, no claim for any change under (b) above shall be

allowed for any costs incurred more than 20 days before the

Contractor gives written notice as therein required: And

provided further, That in the case of defective specifications for

which the Government is responsible, the equitable adjustment

shall include any increase cost reasonably incurred by the

Contractor in attempting to comply with such defective

specifications,



(e) If the Contractor intends to assert a claim for an equitable

adjustment under this clause, he must, within 30 days after

receipt of a written change order under (a) above or the

furnishing of a written notice under (b) above, submit to the

Contracting Officer a written statement setting forth the general

nature and monetary extent of such claim, unless this period is

extended by the Government. The statement of claim hereunder

may be included in the notice under (b) above.



(f) No claim by the Contractor for an equitable adjustment

hereunder shall be allowed if asserted after final payment under

this contract.



4, DIFFERING SITE CONDITIONS



(a) The Contractor shall promptly, and before such conditions

are disturbed, notify the Contracting Officer in writing of: (1)

Subsurface or latent physical conditions at the site differing

materially from those indicated in this contract, or (2) unknown

physical conditions at the site, of an unusual nature, differing

material from those ordinarily encountered and generally

recognized as inhering in work of the character provided for in

this contract. The Contracting Officer shall promptly investigate

the conditions, and if he finds that such conditions do materially

so differ and cause an increase or decrease in the Contractor’s

cost of, or the time required for, performance of any part of the

work under this contract, whether or not changed as a result

such conditions, an equitable adjustment shall be made and the

contract modified in writing accordingly.



(b) No claim of the Contractor under this clause shall be

allowed unless the Contractor has given the notice required in

(a) above; provided, however, the time prescribed therefore may

be extended by the Government.



(c) No claim by the Contractor for an equitable adjustment

hereunder shall be allowed if asserted after final payment under

this contract.



5. TERMINATION FOR DEFAULT—DAMAGES FOR

DELAY—TIME EXTENSIONS



(a) If the Contractor refuses or fails to prosecute the work, or

any separable part thereof, with such diligence as will insure its

completion within the time specified in this contract, or any

extension thereof, or fails to complete said work within such

time, the Government may, by written notice to the Contractor,

STANDARD FORM NO. P & P-GP-15-73

APPROVED: 3-26-73



COMM. OF PROP. & PROC.



REVISED: 3-18-08



terminate his right to proceed with the work of such part of the

work as to which there has been delay. In such event the

Government may take over the work and prosecute the same to

completion, by contract or otherwise, and may take possession

of and utilize in completing the work such materials, appliances,

and plant as may be on the site of the work necessary therefore.

Whether or not the Contractor’s right to proceed with the work

is terminated, he and his sureties shall be liable for any damage

to the government resulting from his refusal or failure to

complete the work within the specified time.



(b) If fixed and agreed liquidated damages are provided in

the contract and if the Government so terminates the

Contractor’s right to proceed, the resulting damage will consist

of such liquidated damages until such reasonable time as may

be required for final completion of the work together with any

increased costs occasioned the Government in completing the

work.



(c) If fixed and agreed liquidated damages are provided

in the contract and if the Government does not so terminate the

Contractor’s right to proceed, the resulting damage will consist

of such liquidated damages until the work is completed or

accepted.



(d) The Contractor’s right to proceed shall not be so

terminated nor the Contractor charged with resulting damage if:



(1) The delay in the completion of the work arises from

unforeseeable causes beyond the control and without the fault or

negligence of the Contractor, including but not restricted to, acts

of God, acts of the public enemy, acts of the Government in

either its sovereign or contractual capacity, acts of another

contractor in the performance of a contract with the

Government, fires, floods, epidemics, quarantine restrictions,

strikes, freight embargoes, unusually severe weather, or delays

of subcontractors or suppliers arising from unforeseeable causes

beyond the control and without the fault or negligence of both

the Contractor and such subcontractors or suppliers; and



(2) The Contractor, within 10 days from the beginning of

such delay (unless the Contracting Officer grants a further

period of time before the date of final payment under the

contract,) notifies the Contracting Officer in writing of the

causes of delay.



The Contracting Officer shall ascertain the facts and the extent

of any delay and extent the time for completing the work when,

in his judgment, the findings of facts justify such an extension,

and his findings of fact shall be final and conclusive on the

parties, subject only to appeal as provided in Clause 6 of these

General Provisions.



(e) If, after notice of termination of the Contractor’s right to

proceed under the provisions of this clause, it is determined for

any reason that the Contract was not in default under the

provisions of this clause, or that the delay was excusable under

the provisions of this clause, the rights and obligations of the



parties shall, if the contract contains a clause provided for

termination for convenience of the Government, be the same as

if the notice for termination had been issued pursuant to such

clause. If, in the foregoing circumstances, this contract does not

contain a clause providing for termination for convenience of

the Government, the contract shall be equitable 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 are in addition to any other rights and remedies

provided by law or under this contract.



(g) As used in Paragraph (d) (1) of this clause, the term

‘Subcontractors or Suppliers’ means Subcontractors or

Suppliers at any tier.



6. 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 head of

the Agency involved. The decision of the head of the agency or

his duly authorized representative for the determination if such

appeals shall be final and conclusive. This provision shall not be

pleaded in any suit involving a question of fact arising under

this contract as limited judicial review of any such decision to

cases where fraud by such official or his representative or board

is alleged: Provided, however, That any such decision shall be

final and conclusive unless the same is fraudulent or capricious

or arbitrary or so grossly erroneous as necessarily to imply bad

faith or is 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

questions of law in connection with decisions provided for in

paragraph (a) above. Nothing in this contract, however, shall be

constructed as making final the decision of any administrative

official, representative, or board on a question of law.



7. PAYMENTS TO CONTRACTOR

(a) The government will pay the contractor price as

hereinafter provided.



(b) The Government will make progress payments monthly

as the work proceeds, or at more frequent intervals as

STANDARD FORM NO, P & P-GP-15-73

APPROVED: 3-26-73



COMM. OF PROP, & PROC



REVISED: 3-18-08



determined by the Contracting Officer, on estimates approved

by the Contracting Officer. If requested by the Contracting

Officer, the Contractor shall furnish a break down of the total

contract price showing the amount included therein for each

principal category of the work, in such detail as requested, to

provide a basis of determining progress payments. In the

preparation of estimates the Contracting Officer, at his

discretion, may authorize material delivered on the site and

preparatory work done to be taken into consideration. Material

delivered to the Contractor at locations other than the site may

also be taken into consideration (1) if such consideration is

specifically authorized by the contract and (2) if the Contractor

furnishes satisfactory evidence that he has acquired title to such

material and that it will be utilized on the work covered by this

contract.



(c) In making such progress payments, there shall be retained

10 percent of the estimated amount until final completion and

acceptance of the contract work. However, if the Contracting

Officer, at any time after 50 percent of the work has been

completed, finds that satisfactory progress is being made, he

may authorize any of the remaining progress payments to be

made in full. Also, whenever the work is substantially complete,

the Contracting Officer, if he considers the amount retained to

be in excess of the amount adequate for the protection of the

Government, at his discretion, may release to the Contractor all

or a portion of such excess amount. Furthermore, on completion

and acceptance of each separate building, public work, or other

division of the contract, on which the price is stated separately

in the contract, payment may be made therefore without

retention of a percentage.



(d) All material and work covered by progress payments

made shall thereupon become the sole property of the

Government, by this provision shall not be construed as

relieving the Contractor from the sole responsibility for all

material and work upon which payments have been made or the

restoration of any damaged work, or a waiving the right of the

Government to acquire the fulfillment of all the terms of the

contract.



(e) Upon completion and acceptance of all work, the amount

due to the Contractor under this contract shall be paid upon the

presentation of a properly executed voucher and after the

Contractor shall have furnished the Government with a release,

if required, of all claims against the Government arising by

virtue of this contract, other than claims in stated amounts as

may be specifically excepted by the Contractor from the

operation of the release. If the Contractor’s claim to amounts

payable under the contract has been assigned under the

Assignment of Claims Act of 1940, as amended (31 U.S.C. 203,

4] U.S.C. 15), a release may also be required of the assignee.



8 ASSIGNMENT OF CLAIMS



(a) If this contract provides from payments aggregating

$1,000 or more, claims for moneys due or to become due to the

Contractor from the Government under this contract may be



assigned to a bank, trust company, or other financial institution,



ws Fhe



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 to become due under this

contract shall not, to the extent provided in said Act, as

amended, be subject to reduction or setoff.



9. MATERIAL AND WORKMANSHIP



(a) Unless otherwise specifically provided in this contract, all

equipment, material, and articles incorporated in the work

covered by this contract are to be new and of the most suitable

grade for the purpose intended. Unless otherwise specifically

provided in this contract, reference to any equipment, material,

article, or patented process, by trade name, make, or catalog

number, shall be regarded as establishing a standard of quality

and shall not be construed as limited competition, and the

Contractor may, at his option, use any equipment, material,

article, or process which, in the judgment of the Contracting

Officer is equal to that named. The Contractor shali furnish to

the Contracting Officer for his approval the name of the

manufacturer, the model number, and other identifying data and

information respecting the performance, capacity, nature, and

rating of the machinery and mechanical and other equipment

which the Contractor contemplates incorporating in the work.

When required by this contract or when called for by the

Contracting Officer, the Contractor shall furnish the Contracting

Officer for approval full information concerning the material or

articles which he contemplated incorporating in the work. When

so directed, samples shall be submitted for approval at the

Contractor’s expense, with all shipping charges prepaid.

Machinery, equipment, material, and articles installed or used

without required approval shall be at risk of subsequent

rejection.



(b) All work under this contract shall be performed in a

skillful and workmanlike manner. The Contracting Officer may,

in writing, require the Contractor to remove from the work any

employee the Contracting Officer deems incompetent, careless,

or otherwise objectionable.



10. INSPECTION AND ACCEPTANCE



(a) Except as otherwise provided in this contract, inspection

and test by the Government of material and workmanship

required by this contract shall be made at reasonable times and

at the site of the work, unless the Contracting Officer

determines that such inspection or test of material which is to be

incorporated in the work shall be made at the place of

production, manufacture, or shipment of such material. To the

extent specified by the Contracting Officer at the time of

determining to make off-site inspection or test, such inspection

or test shall be conclusive as to whether the material involved

conforms to the contract requirements. Such off-site inspection

or test shall not relieve the Contractor of responsibility for

STANDARD FORM NO. P & P-GP-15-73

APPROVED: 3-26-73



COMM. OF PROP. & PROC



REVISED: 3-18-08



damage to or loss of the material prior to acceptance, nor in any

way affect the continuing rights of the Government after

acceptance of the completed work under the terms of paragraph

(f) of this clause, except as hereinabove provided.



(b) The Contractor shall, without charge, replace any material

or correct any workmanship found by the Government not to

conform to the contract requirements, unless in the public

interest the Government consents to accept such material or

workmanship with an appropriate adjustment in contract price,

The Contractor shall promptly segregate and remove rejected

material from the premises.



(c) If the Contractor does not promptly replace rejected

material or correct rejected workmanship, the Government (1)

may, by contract or otherwise, replace such material or correct

such workmanship and charge the cost thereof to the

Contractor, or (2) may terminate the Contractor’s right to

proceed in accordance with Clause 5 of these General

Provisions.



(d) The Contractor shall furnish promptly, without additional

charge, all facilities, labor, and material reasonably needed for

performing such safe and convenient inspection and test as may

be required by the Contracting Officer. All inspection and test

by the Government shall be performed in such manner as not

unnecessarily to delay the work. Special, full size, and

performance tests shall be performed as described in this

contract. The Contractor shall be charged with any additional

cost of inspection when material and workmanship are not

ready at the time specified by the Contractor for its inspection.



(e) Should it be considered necessary or advisable by the

Government at any time before acceptance of the entire work to

make an examination of work already completed, by removing

or tearing out same, the Contractor shall, on request, promptly

furnish all necessary facilities, labor, and material. If such work

is found to be defective or nonconforming in any material

respect, due to the fault of the Contractor or his subcontractors,

he shall defray all the expenses of such examination and of

satisfactory reconstruction. If, however, such work is found to

meet the requirements of the contract, an equitable adjustment

shall be made in the contract price to compensate the Contractor

for the additional services involved in such examination and

reconstruction and, if completion of the work has been delayed

thereby, he shall, in addition, be granted suitable extension of

time.



(f) Unless otherwise provided in this contract, acceptance by

the Government shall be made as promptly as practicable after

completion and inspection of all work required by this contract.

Acceptance shall be final and conclusive except as regards

latent defects, fraud, or such gross mistakes as may amount to

fraud, or as regards the Government’s rights under any warranty

or guarantee.



11. SUPERINTENDENCE BY CONTRACTOR

The Contractor shall give his personal superintendence to



the work or have a competent foreman or superintendent,

satisfactory to the Contracting Officer, on the work at all times

during progress, with authority to act for him.



12, PERMITS AND RESPONSIBILITIES



The Contractor shall, without additional expense to the

Government, be responsible for obtaining any necessary

licenses and permits, and for complying with any applicable

Federal, State, and municipal laws, codes, and regulations, in

connection with the prosecution of the work. He shall be

similarly responsible for all damages to persons or property that

occur as a result of his fault or negligence. He shall take proper

safety and health precautions to protect the work, the workers,

the public, and the property of others. He shall also be

responsible for all materials delivered and work performed until

completion and acceptance of the entire construction work,

except for any completed unit of construction thereof which

therefore may have been accepted.



13. CONDITIONS AFFECTING THE WORK



The Contractor shall be responsible for having taken steps

reasonably necessary to ascertain the nature and location of the

work, and the general and local conditions which can affect the

work or the cost thereof. Any failure by the Contractor to do so

will not relieve him from responsibility for successfully

performing the work without additional expense to the

Government. The Government assumes no responsibility for

any understanding or representations concerning conditions

made by any of its officers or agents prior to the execution of

this contract, unless such understanding or representations by

the Government are expressly stated in the contract.



14. OTHER CONTRACTS



The Government may undertake or award other contracts for

additional work, and the contractor shall fully cooperate with

such other contactors and Government employees and carefully

fit his own work to such additional work as may be directed by

the Contracting Officer. The Contractor shall not commit or

permit any act which will interfere with the performance of

work by any other contractor or by Government employees.



15. PATENT INDEMNITY



Except as otherwise provided, the Contractor agrees to

indemnify the Government and its officers, agents, and

employees against liability, including costs and expenses,

arising out of the performance of this contract or out of the use

or disposal by or for the account of the Government of suppliers

furnished or construction work performed hereunder.



16. ADDITIONAL BOND SECURITY



If any surety upon a bond furnished in connection with this

contract becomes unacceptable to the Government, or 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

Government and of persons supplying labor or materials in the

prosecution of the work contemplated by this contract.

STANDARD FORM NO. P & P-GP-15-73

APPROVED: 3-26-73



COMM. OF PROP. & PROC.



REVISED: 3-18-08



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.



18. OFFICIALS NOT TO BENEFIT



No member of the Legislature or members of Congress shall

be admitted to any share or part of this contract, or to any

benefit that may arise there from; but this provision shall not be

construed to extend to this contract if made with a corporation

for its general benefit.



19. UTILIZATION OF SMALL BUSINESS CONCERNS



(a) It is the policy of the Government as declared by the

Legislature that a fair proportion of the purchases and contracts

for suppliers and services for the Government be placed with

small business concerns,



(b) The Contractor agrees to accomplish the maximum

amount of subcontracting to small business concerns that the

Contractor finds to be consistent with the efficient performance

of this contract.



20. SUSPENSION OF WORK



(a) The Contracting Officer may order the Contractor in

writing to suspend, delay, or interpret all or any part of the work

for such period of time as he may determine to be appropriate

for the convenience of the Government.



(b) If the performance of all or any part of the work is, for an

unreasonable period time, suspended, delayed, or interrupted by

an act of the Contracting Officer in the administration of this

contract, or by his failure to act within the time specified in this

contract (or if no time is specified, within a reasonable time), an

adjustment shall be made for any increase in the cost of

performance of this contract (excluding profit) necessarily

caused by such unreasonable suspension, delay, or interruption

and the contract modified in writing accordingly. However, no

adjustment shall be made under this clause for any suspension,

delay, or interruption to the extent (1) that performance would

have been so suspended, delayed, or interrupted by any other

cause, including the fault or negligence of the Contractor

or (2) for which an equitable adjustment is provided for or

excluded under any other provision of this contract.



(c) No claim under this clause shall be allowed (1) for any

costs incurred more than 20 days before the Contactor shall

have notified the Contracting Officer in writing of the act or

failure to act involved (but this requirements shall not apply as

to a claim resulting from a suspension order), and (2) unless the

claim, in an amount stated, is asserted in writing as soon as

practicable after the termination of such suspension, delay, or

interruption but not later than the date of final payment under

the contract.

STANDARD FORM



APPROVED BY



COMM. OF PROP. & PROC. - 7-14-7:

REVISED 3.18.08



GENERAL PROVISIONS



Section 22. WARRANTY OF CONSTRUCT 1ON



(a) In addition to any other warranties set out elsewhere in. this contract, the Contractor

warrants that the work performed under this contract confirms to the contract requirements

and is free of any defect of equipment, material or design furnished, or workmanship

performed by the Contractor or any of this subcontractors and suppliers at any tier. Such

warranty shall continue\e for a period of one year from the date of final acceptance of the

work, but with respect to any part of the which the Government takes possession of prior to

final acceptance, such warranty shall continue for a period of one year from the date the

Government takes possession. Under this warranty, the Contractor shall remedy at his own

expense any such failure to confirm or any such defect. In addition, the Contractor shall

remedy at his own expense any damage to Government owned or controlled real or personal

property, when that damage is the result of the Contractor’s failure to confirm to contract

requirement or any such defect of equipment, material, workmanship, or design. The

Contractor shall also restore any work damaged repaired or replaced hereunder wil] run for

one year from the date of such repair or replacement.



(b) The Government shall notify the Contractor in writing within a reasonable time after

the discovery of any failure, defect, or damage.



(c) Should the Contractor fail to remedy any failure, detect, or damage described in (a)

above within a reasonable time after receipt of notice thereof the Government shall have the

right to replace, repair, or otherwise remedy such failure, defect, or damage at the Contractor’s

expense.



expired, any suit directed by the Government to enforce a subcontractors, manufactures or

Suppliers warranty shall be at the expense of the Government. The Contractor shal] obtain any

warranties which the subcontractors, manufacturers, or suppliers would give in normal



(e) If directed by the Contracting Officer, the Contractor shall require any such warranties

to be executed to the Government.



(f) Notwithstanding any other provision of this ciause. unless such a defect is caused by

the negligence of the Contractor or his subcontractors or suppliers at any tier, the Contractor

shall not be liable for the repair of any defects of material or design furnished by the

Government nor for the repair of any damage which results from any such defect in

Government furnished material or design.



(g) The warranty specified herein shall not limit the Government’s rights under the

Inspection and Acceptance clause of this contract with respect to latent defects, gross mistake,

or fraud.

Addendum III



Termination of Contracts



Contractor’s Initials

IFB012DOET 16 (C)

STANDARD FORM NO. DPP - TC-54-75

APPROVED 10-2-74



COMMISSIONER OF DPP



REVSIED 3-18-08



TERMINATION OF CONTRACTS

0



CONVENIENCE OF THE GOVERNMENT



{a)



(b)



The performance of work under this contract may be terminated by the Government in

accordance with this clause in whole, or from time to time in part, whenever the Contracting

Officer shall determine that such termination is in the best interest of the Government. Any

such termination shall be effected by delivery to the Contractor of a Notice of Termination

specifying the extent to which performance by delivery to the Contractor of a Notice of

Termination specifying the extent to which performance of work under the contract is

terminated, and the date upon which such termination becomes effective.



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 performance of, the work terminated by the Notice of

Termination, and (B) the completed or partially completed plans, drawings, information,

STANDARD FORM NO. DPP ~ TC-84-75

APPROVED 10-2-74



COMMISSIONER OF DPP



REVSIED 3-18-08



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



(c)



(d)



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, shail not

exceed the total contract price as reduced by the amount of payments otherwise made and as

further reduced by the contract price of work not terminated. The contract shall be amended

accordingly, and the Contractor shall be paid the agreed amount. Nothing in paragraph (e)

of this clause, prescribing the amount to be paid to the Contractor in the event of failure of

the Contractor and the 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



ce

STANDARD FORM NO. DPP — TC-54-75

APPROVED 10-2-74



COMMISSIONER OF DPP



REVSIED 3-18-08



(e)



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):



In the event of the failure of the Contractor and the Commissioner of Property &

Procurement to agree as provided in paragraph (d) upon the whole amount to be paid to the

Contractor by reason of the termination of work pursuant to this clause, the Commissioner

of Property & Procurement shall pay to the Contractor the amounts determined by him as

follows, but without duplication of any amounts agreed upon in accordance with

paragraph (d):



(i) for completed supplies, materials and equipment or services accepted by the

Government (or sold or acquired as provided in paragraph (b) (vii) above) and not

theretofore paid for, a sum equivalent to the aggregate price for such supplies or

services computed in accordance with the price or prices specified in the contract,

appropriately adjusted for any saving for freight or other charges;



(ii) the total of —



(A) 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) asum, as profit on (A) above, determined by the Contracting Officer to be

fair and reasonable; provided, however, that if it appears that the Contractor

would have sustained a loss on the entire contract had it been completed, no

profit shall be included or allowed under this subdivision (C) and an

appropriate adjustment shall be made reducing the amount of the settlement

to reflect the indicated rate of loss; and



(iii) the reasonable costs of settlement, including accounting, legal, clerical and other

expenses reasonably necessary for the preparation of settlement claims and

supporting data with respect to the terminated portion of the contract and for the

termination and settlement of subcontract thereunder, together with reasonable

storage, transportation and other costs incurred in connection with the protection

or disposition of property allocable to this contract.

Addendum IV



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 Schedule of Values and

invoices submitted by the Contractor Company’s Name in

accordance with Clause 7 (Payments to Contractor) of the General

Provisions.



The parties agree that the sum to be paid under this contract Dollar

Amount ($0.00). The parties further agree that payments will be

made in accordance with services rendered.



The final payment is subject to the inspection and acceptance of

the project by the Government, the submission of all pertinent

warranties, and the Release of Claims. Contractor shall submit a

Waiver of Liens or Affidavits of subcontractors who have released

the contractor of its obligations. Contractor shall also submit

Consent of Surety before final payment and, upon the

Government’s request, any other documentation the Government

deems necessary.



Contractor’s Initials

IFB0O12DOET 16 (C)