GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES homoves Fone DEPARTMENT OF PROPERTY. AND PROCUREMENT Comim: of Prop. Proc PROCUREMENT DIVISION a INVITATION BID-& AWARD. SORTRTEE NS: FRGENG. TN, OEPRGES SUPPLY CONTRACT SROERNG: 1 ISSUED BY ADDRESS .8201 Subbase 3id Floor ‘St. Thomas, VI 00802 ‘April 17, 2049 per N°. IFBOSODOET(S (8) Sealed bids in quintuplicate (4. Original and 4 Copies), subject to (1) The Terms and Conditions.of the Invitation for Bids, (2) General Provisions which are. incorporated heréin by raference, and (3) such other contract provisions and Specifications as are attached or incorporated by reference will be received at the above office until 10:30 o'clock AN, Atlantic Standard Time, not. later than Wednesday, May 6, 2079 and publicly open thereafter for furnishing the supplies or services-far delivery f.0.b. ST. CROIX, VIRGIN ISLANDS, General information and instructions. to Bidders are contained in the terms and conditions on the reverse.hereot SCHEDULE ITEM NO. “SUPPLIES OR SERVICES QuaNTiy UNIT UNIT PRICE AMOUNT: Department of Property & Procurement Ee DATE ISSUED Purchase of Wheel Chair Accéssible Carts in the St, Thomas/St. John School District: BIB ——_> [DATE OF BID IN- COMPLIANCE WITH THE ABOVE THE UNDERSIGNED OFFERS AND.AGREES, iF THiS BID BE ACCEPTED WITHIN DAYS. (30 calenciar days. unless a different period is inserted by the Bidder) FROM-THE DATE OF OPENING 70 FURNISH ANY OR ALL OF THE ITEMS UPON WHICH PRICES ARE QUOTED, AT THE PRICE SET OPPOSITE EACH |TEM, DELIVERED AT THE DESIGNATED POINTS WITHIN THE TIME SPEGIFIED IN THE INVITATION, DISCOUNTS WILL BE ALLOWED FOR PROMPT PAYMENT AS FOLLOWS: PERCENT, 20 CALENDAR DAYS: PERCENT, 30 CALENDAR DAYS BIDDER. REPRESENTS (Gheck appropriate boxes). - oo, . ; {1} THAT HE |S. __.IS NOT___, A SMALL BUSINESS CONCERN. IF BIODER IS A SMALL BUSINESS CONCERN ANP IS NOT THE MANUFACTURER OF THE. SUPPLIES SID UPON; HE: ALSO REPRESENTS THAT ALL SUPPLIES TO BE FURNISHED HEREUNDER WILL — WILLNOT BE MANUFACTURED OR PRODUCED BY 4 SMALL BUSINESS CONCERN IN THE UNITED STATES, ITS TERRITORIES, ITS POSSESSIONS, OR THE COMMONWEALTH OF PUERTO.RICO. ; : 7 ; : : (2) THAT HE 1S A REGULAR DEALER IN___, MANUFACTURER OF ——. THE SUPPLIES BID UPON, (3) (A) THAT HE'HAS __ HAS NOT __ EMPLOYED OR- RETAINED ANY COMPANY OR PERSON (OTHER THAN A FULL-TIME BONA FIDE: EMPLOYEE WORKING SOLELY FOR THE BIDDER) TO.SQLICIT OR SECURE THIS CONTRACT, AND (B) THAT HE HAS__ HASNOT__, PAID OR AGREED TO PAY ANY COMPANY OR PERSON (OTHER THAN A FULL-TIME.BONA FIDE EMPLOYEE WORKING SOLELY FOR.THE BIDDER) ANY AGREES T.0 FURNISH INFORMATION RELATING TO (A) AND .(B) ASOVE AS REQUESTED BY THE CONTRACTING OFFICER, (@)HE OPERATES AS AN INDIVIDUAL __ "PARTNERSHIP __, CORPORATION __. INCORPORATED IN.THE TERRITORY OF THE VIRGIN ISLANDS (5) PREFERRED BIDDER: ___A BONA FIDE CONTINUOUS RESIDENT OF THE VIRGIN ISLANDS FOR.AT LEAST EIGHT (8) YEARS OR __‘WAS BORN INTHE VIRGIN ISLANDS; A FIRM, PARTNERSHIP, OR.CORPORATION IN WHICH AT LEAST FIFTY-ONE PERCENT (51%) OF THE LEGAL OR EQUITABLE OWNERSHIP I§ HELD BY 4 PERSON OR PERSONS. WHO HAVE BEEN BONA FIDE CONTINUOUS RESIDENTS OF THE VIRGIN ISLANDS Te WAT LEAST BIGHT (8) YEARS'OR __WHO WERE BORN IN THE VIRGIN ISLANDS: SAID PERSON, FIRM , PARTNERSHIP, OR CORPORATION IS LICENSED IN.AND MAINTAINS HIS OR ITS PRINCIPAL PLACE OF BUSINESS IN THE VIRGINISLANDS AND OWNS, OPERATES, OR MAINTAINS A STORE, WAREHOUSE, OR OTHER PLACE OF BUSINESS IN THE VIRGIN ISLANDS.OR THE DULY. AUTHORIZED AGENT, DEALER, DISTRIBUTOR OR REPRESENTATIVE IN THE VIRGIN ISLANDS FOR THE MATERIALS, SUPPLIES, ARTICLES, OR- EQUIPMENT OF THE GENERAL CHARACTER * DESCRIBED BY THE SPECIFICATIONS AND-REQUIRED UNDER THIS CONTRACT NAME & ADDRESS OF BIDDER {(Streat. Cily, Slate and Zip Code} SIGNATURE OF PERSON-AUITHORIZED TO-SIGN BID {Type or Print) —» TYPE-OR PRINT SIGNER'S NAME & TITLE, - “AWAR 7 DATE OF AWARE ACCEPTED.AS TO.ITEMS NUMBERED AMOUNT GOVERNMENT OF THE VIRGIN ISLANDS SUBMIT INVOICE FOR PAYMENT TO: _ 1834 Kongens Gade Virgin Islands 00802 BY Contracting Offcer: [Standard Form #6 CONTINUATION SHEET Contract, Order, or Invitation No. Page No. November. 1949 Editian se {As Applicable) Goneral Services -Administration {Ss upply Contract} . Fed, Proc. ‘Reg, (41 OFR)-446.107 eh _ __ 28-104. Rev, 3-18-08 IFBO30DOET1S9 (S) ITEM NO; SUPPLIES OR. SERVICES AMOUNT Purchase of Wheel Chair Accessible Carts Department of Education 1834 Kongens Gade St. Thomas, VI 008042 Scope of Work See Attached Vendor must be registered in www.SAM.gov Name of Bidder: iFBO30DOET19 (S) Standard Form 86. CONTINUATION. SHEET Contract, Order, or Invitation No. Page No November 1949 Euition ” {As Applicable) , - General Services Administration ala ; Fed. Proc, Reg: (44-OFR) 4-16.107 (Supply Contra ct) 36-104. Rey. 3-18-04. iEFBOSODOETHS (S} IFEM NO, SUPPLIES OR SERVICES AMOUNT NOTICE TO BIDDERS BIDDERS MUST INSERT THEIR E.I.N.-EMPLOYER'S IDENTIFICATION NUMBER ON PAGE 1 IN THE SECTION WHERE THE COMPANY'S NAME AND ADDRESS [IS REQUIRED. PROSPECTIVE BIDDERS SHALL FURNISH THE FOLLOWING DOCUMENTS WITH THEIR SUBMITTAL, FAILURE TO COMPLY WITH ALL THE REQUIREMENTS AS OUTLINED, WILL DISQUALIFY THE BIDDER: A. ORGANIZATION AND PERSONNEL B. LISTING-OF PROJECT EXPERIENCE (2 minimum): INCLUDE A BRIEF DESCRIPTION OF THE TYPE.OF SERVICE DONE WITHIN THE LAST 2 YEARS C. PROJECT REFERENCES (2 minimum) D. CURRENT VIRGN ISLANDS BUSINESS LICENSE FOR SERVICES BEING ADVERTISED E. CURRENT CERTIFICATE OF GOVERNMENT INSURANCE COVERAGE F. CERTIFICATE OF GOOD STANDING (for Corporations) or CERTIFICATE OF: EXISTENCE (for LI.Cs or Partnerships) FROM THE VIRGIN ISLANDS OFFICE OF THE LIEUTENANT GOVERNOR DATED JULY 1, 2018: OR G. CORPORATE RESOLUTION THAT AUTHORIZES THE INDIVIDUAL WHO SIGNED THE BID TO.BIND.THE COMPANY, NAME AND TITLE OF SIGNATORY IN RESOLUTION, MUST MATCH SIGNATORY ON THE BID, IF APPLICABLE . H.. ARTICLES OF INCORPORATION (far Corporations) OR ARTICLES: OF ORGANIZATION (for LLCs) or OF QUALIFICATION (Limited Parthérships), IF APPLICABLE ‘IT SHALL BE THE BIDDERS' RESPONSIBILITY TO DELIVER BID TO THE DESIGNATED LOCATION PRIOR TO THE BID TIME SPECIFIED ON PAGE 1 OF THIS BID.” “AWARD WILL BE MADE TO THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER. UNDERBIDDING CAN DEEM YOUR BID NON-RESPONSIBLE:” Namie of Bidder: IFBO30DOET19 (8) {Standard Fors 86 CONTINUATION SHEET Contract, Order, or Invitation No, Page No November 1849 Edition : (As Applicable}: - General Services Administration (Supply Contract) : Fad, Proc. Rag. (41 OFR} 1-16.107 o é 36-404, Rev. 3-18-08 IFBO30BDO&T19 (S} FTEM NO. | SUPPLIES OR SERVICES AMOUNT CONTRACT PERIOD: The period of any contract entered into under this Invitation for Bid shal! be for a. period of one (1)-year. OPTION TO RENEW: The service of this contract may be extended for an additional term subject to the availability of funds. SUPPLEMENTARY PROVISIONS: The application. of all materials will be in such a manner so as not to cause harm to humans, foodstuff or equipment within the building and/or property. The Gontractor shalt maintain on his own, Workmen's Compensation Insurance, Comprehensive. General Liability Insurance. against bodily injury with limits of $100,000.00 and against property damage with limits. of $100,000.00, the cost of which shall be borne by the Contractor and maintained fully during the term ofthe Contract. A copy of thé Insurance fisted herein shall be filed with the Department of Property & Procurement, 8201 Sub. Base, 3rd Floor, St. Thomas, U..S. Virgin Islands 00802 The Contractor.shalf be liable for loss or damages to property or persons; however, in no casé shall such negligence be presumed or inferred. The Contractor agrees not-to refuse to hire or employ or to bar or discharge from erniployment any individual because of race, religion, color,.or ancestry. The Contractor hereby agrees to. pay the.existing minimum wages, Federal and/or Local taxes as-may be applicable. PROMPT PAYMENT DISCOUNT: Prompt payment discounts shall NOT be considered in the evaluation bids. Prompt payment discounts ‘are removed:as evaluation factors. Although prompt payment discounts are not evaluated, any discount offered will form part of the award, and wil! be taken by the User Agency and the Department of Finance if payment is made within. the discount period specified by the No discount offered for payments within Jess than thirty (30) calendar days will be considered. Paragraph 6a on Page 1 of the Bid Form is hereby deleted. EXPLANATION TO BIDDERS: Any explanation desired by a bidder regarding the meaning or interpretation of this Invitation for Bids, specifications, etc., must be requested in writing and ‘with sufficient. time allowed for a reply to reach said bidder before the submission of their bids. Any interpretation made will be in the form of an amendment to the Invitation for Bids, specifications, etc., and will be furnished to all prospective bidders. PREFERRED BIDDERS: in addition to placing. a check (v) in the appropriate box on Page 1, Section 5 of this Bid, any Person, Firm, Partnership or Corporation name be added to a Preferred Bidders’ List to be maintained by the Gommissioner of Property &.Procurement. If bidder has not. previously’ filed a notarized copy of the Preferred Bidders’ Certificate with the Commissioner of Property & Procurement, Division of Procurement, Building #1, Third Floor Sub base, St. Thomas, U. S. Virgin Islands, or 3274 Estate Richmond, Christiansted, St. Croix, U:S. Virgin islands, notarized, and submitted to the Division of Procurement not.fater than the date and hour of. bid opening as specified on Page 1 of this bid. All bidders not complying with the procedures: set forth herein and in accordance with Title 314 V. |..C. § 236 a, will not-be considered eligible as Preferred Bidders for this Invitation for Bids. Name of Bidder: IFBO30DOET19 (S} ‘Standard Form 66 November 1949-Edition General Services Adminisiration CONTINUATION SHEET {As.Applicable} Contract, Order, of Invitation ‘No. Page'No, Fed..Pros, Reg. (41 OFR)41-16.107 (Supply Contract) 36-104. Rev, 3-46-08 ITEM NO. | [FBOZ0D0ETIS (S) SUPPLIES OR SERVICES AMOUNT Pursuant to Act No. 3072, approved July 29,-1971 , amending Section 245 of Chapter 23, Title 31 of the Virgin Isfands Code, each person who submits a bid in rela disclose the Name and Address of each individ tion fo any purchase in excess of $1,000.00, under this Chapter, will ual having a beneficial interest of more than five (5%) per Centum in the bidding enterprise, and if the bidder is‘a Corpo ration, the Names and Addresses of all its‘Officers and. Direttors. NAME ADDRESS/EMAIL TITLE Kama af Rirtdar: IFBO30DOET19 {S) Standard Form 86° November 7949 Edition Generat Services Administration Féd, Proc..Reg. (47 GERS 1-16.107 36-104, Rev. 3-18-08 CONTINUATION SHEET (Supply Contract) Contract, Order, or Invitation No. (As Applicable): Page No. iFBOJ0DOET19 (S} ITEM NO. | Hee a OoMmoc¢rt SUPPLIES OR SERVICES AMOUNT IFBQ30DOET19 (S) Virgin Islands Department of Education Itemized Bid Sheet Item Description Specification Qty Unit Unit Cost Total Cost Wheel Chair Accessible Golf Cart Shuttles See Attachment A 4 Each Subtotal Shipping and Handling Total cost Vendor's Signature Date Company Name / Mailing Address/ Telephone/ Email Address * All tems must be delivered within 60 days upon issuance of an Executed Purchase Order * Shipping and handling servcies shall inlcude brokerage and delivery directly to the Government of the Virgin ISland Department of Property and Procurement Division of Transportation located at 8201 Sub Base, St. Thomas U S. Virgin Islands 00802 Attachment A- Item Specification Listing Proposed bid should meet the ‘following minimum specifications I Dimensions -Length 168 inclies -Width 54 inches ~Height 74 inches -Wheelbase 137 inches -Cleararice 4.3 inches IL. Wheelchair Components - Loading Ramp 36”x52” “ Tie down Area 45x45” It. General - Weight 1600lbs Pa Turning radius 19.1 ft - Capacity 4 passengers/ 1 wheelchair DPP-NCA-52-75 REVISED: 3-18-08 GOVERNMENT OF THE VIRGIN ISLANDS ‘DEPARTMENT OF PROPERTY AND PROCUREMENT NON-COLLUSION AFFIDAVIT 0: senses iy being duly sworn, deposes and says that — (1) He is [owner, partner, officer, representative, or agent].of Vabaeeee eee’ (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 nota collusivé or sham bid; (4). Neither the said bidder-nor any of its officers, partners, owners, agents, representatives, employees: OF 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 ii connection with such contract, or has in any manner, directly or indirectly, sought by agreement ‘or collusion or communication of confereiice 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 anyother 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, représentatives, owners, employees, or parties in interest, including this affiant. Signature of Affidavit SUBSCRIBED AND SWORN to before me thi8....0220002.0.., daY OF coccecccccccscceseceeecesesesdececcs. Notary Public : STANDARD HORM'NO. P & P-GR+15-73 APPROVES 3-26:73 COMM. OF PROP, & PROC REVISED: 3-18-08 GENERAL. PROVISIONS (SUPPLY CONTRACT) 1, DEFENITIONS As Used throughout this contract, the following terms shall have the meaning set forth below: The term, “Contracting, Officer”. means the Commissioner of the Department of Property & Procurement; and the term includes, except as otherwise: provided. in the contract, the ‘authorized representative of ‘the Contracting Officer acting within the limits of his authority. 2. CHANGES The Contracting Officer may at. any time, by a written order, and. without notice tothe sureties, make ¢haiiges, within the’ general scope of this contract,. in anyoné.or more of the following: G) Drawings, designs, or ‘specifications where the suppliés to be furnished are to be specially manufactured for the Government in accordance therewith; (ii) method of shipment ‘or packing; and (iii) place of delivery. If'any such change ‘Causes an- increase. or decrease in the cost of, or thé time ‘required for, the performance of any part of the work under this contract, whether changed or not changed by any such order, an equitable adjustment shall be made in the contract price or delivery schedule, or both, and the contract shail be modified in writing accordingly. Any claim by the:contractor for.adjustment under this clause must be asserted within 30 days from the date of recéipt by the Contractor of the notification of change: Provided, however, That the Contracting Officer, if he decides thatthe facts justify such action, may receive and act upon any ‘such claim asserted at any time prior to:final payment under this contract,. Where the cost of. property made obsolete or excess as a result of a change. is included in. the Contractor's claim: for adjustment, the Contracting Officer shatl have the right to “prescribe the manner of disposition of such property, Failure to ‘agree to any adjustment shall be a dispute concerning a quéstion. ‘of fact. within the meaning of the clause of this contract entitled "Disputes." However, nothing in. this clause shall ‘excuse the Contractor from proceeding with the contract as changed. 3. EXTRAS Except as otherwise provided in this contract, no payment for éxtras: shall be made unless such extras and the price thereof have béen-authorized in writing by.the Contracting Officer. 4.. VARIATION IN QUALITY No variation in the quantity of any item called-for by this contract will be accepted unless such yariation.has been caused by conditions of loading, shipping, packing or allowances in manufacturing processes, ” and. then only to the extent, if any, specify elsewhere in.this contract: 5. INSPECTION (a) All supplies (which term throughout this clause inéludes without limitation raw materials, components, ‘intermediate assemblies, and end products) shall be subject’ to inspection and test by the Government, to the extent practicable. at all times and: places including:the period of manufacture and in any event prior to acceptance. (b} In case any supplies or lots of supplies are defective in material or workmanship or otherwise not in conformity-with the requirements of this contract, the Government shall have.the right either to-reject them (with. or without instructions as to their disposition) or to require their correction. Supplies or lots of supplies which have-been rejected or required to be corrected shall be. removed or, if permitted or required by the Contracting Officer, corrected in place by and at the expense of the Contractor promptly after notice, shall not thereafter be. tendered for acceptance unless the former rejection or requirement of correction is disclosed. If the Contractor fails. promptly to.remove:such supplies or lots of supplies which are required to be removed, or promptly to replace or correct. such supplies or lots: of supplies, the Government either (@) may by- contract. or otherwise replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby, or (ii) may ‘terminate this contract -for-default as pro- vided in the clause of this contract entitled "Default," Unless the Contractor corrects or replaces such supplies within the delivery schedule, the Contracting Officer may‘ require the-delivery of such supplies at.a reduction in price which is equitable under the. circumstances. Failure to agree to such reduction of price shal! :be a dispute conéerning ‘a quéstion of fact within the meaning of the clause. of this contract entitled “Disputes.” (c) If any change inspection or test is made by the Government on the premises of the Contractor of 4 subconiractor, thé: Contractor without additional charge shall provide reasonable facilities and aésistance for the safety and convenience of the Government irispectors in the performance of theit duties: If Government inspection or test is made at a point other than the premises of the Contractor or a subconttactor, it shail be at the expense of the Governinent except as otherwise provided in this contract: Provided, That in case: of rejection the Government shall not be liable for any reduction. in valué of samiples used in connection with sucli inspection or test..A] 1-inspections and tests by the Government shall: be performed in such a manner as not to unduly delay the work, The Government reserves the right to charge to the Contractor any additional cost of Government inspection and test when suppliés are not ready at the time such inspection and ‘test is requested by the Contractor or when reinspection or retest is necessitated by prior rejection. Acceptance: or rejection of the supplies. shall be.made as promptly as practicable after delivery, except as otherwise provided in this contract; but failure to inspect and accept or reject supplies shall neither relieve the Contractor from responsibility for such supplies as are not in accordance with the contract requirements nor. impose liability. on the Government therefor. STANDARD FORM NO. &: P-GP-15-73 APPROVED: 3-26-73 COMM. OF PROP. & PROC, (d) The inspection. and test by the Government of any supplies or lots thereof dees not relieve the Contractor from any responsibility regarding defects: or other failures. to meet the: contract requiremerits which may be discovered prior to acceptance. Except as otherwise provided in this contract, acceptance shall be conclusive except as regards latent defects, fraud, or such gross mistakes as amount to fraud. {e) The Contractor shall provide: and maintain an inspection. system acceptable to the Governnient covering, the supplies hereunder, Records of all ‘inspection work- by the Contractor: shall. be kept. complete and available-to the Governinent during the performance of this contract and for such longer period as ‘may be specified elsewhere in this contract, 6. RESPONSIBILITY FOR SUPPLIES Except as otherwise provided: in the contract, (i) thé Contractor shall be responsible for the Supplies covered by this contract until they are délivéred at the desi gnated delivery point, tegardless of the point of inspection; (ii) after delivery to the: Government at the designated point and prior to acceptance by the. Government or rejection and giving notice thereof by the Government, the Government shall be tesponsible for the loss: or destruction of or damage to the supplies only if stich loss, destruction or damage results from the negligence of officers, agents, or employees of the Government:acting within the scope of their ertiployment; and (iii) the:Contractor shall bear all risks as to rejected supplies after notice of rejection, except that the Government shall be responsible for the loss, or destruction of, or damage to the supplies only if such loss, destruction or damage results from the gross negligence of officers, agents, or employees of the Government acting. within thé. scope. of their: ‘employment, 7, PAYMENTS The Contractor shall be paid, upon the submission of Proper invoices or vouchers, the prices stipulated herein for supplies delivered ‘and accepted’ or services. rendéred and ‘accepted, Jess deductions, if any, -as herein. ‘provided. Unless othérwise-specified, payment will be-made on partial deliveries accepted by thé Government. when the: amount due oti such deliveries so warrants; or when requested by the Contractor, payment for accepted partial deliveries shall be niade. whenever such payment would ‘equal or exceed’ either $1,000 or 50 percent of the total amount of this contract. 8. ASSIGNMENT OF CLAIMS: (a) Pursuant to the piovisions. of the Assignment of Claims Act (3. VIC 1201 et. seq.) if this contract provides for payments aggregating $1,000 or more, claims for moneys due or to become due tothe 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. assighment dr 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 aiy moneys due or to become due under this conttact shall not, to the extent provided in said Act, ag amended, be subject to reduction or set off. 9. ADDITIONAL BOND SECURITY If any surety upon. any bond ‘furnished in connection with this contract-becomes unacceptable to the Government of if any such surety fails to furnish reports as to his financial condition from time to ‘time as requested by the Governmerit, the. Contractor ‘shall promptly furnish such additional security as may be required from time to time to protect the interests of thé ‘Government and of persons supplying labor or materials in fhe prosecution of the work coritemplated by this contract. 10, EXAMINATION OF RECORDS __ (The following clause is. applicable if the amount of this contract exceeds $1,000.00 and was entered into by means of negotiation, but is not applicable if this contract was entered into by means of formal advertising.) (a) The Contractor -agrées that the Government Comptroller of the U. S. Virgin Islands or any of his duly authorized representatives. shall, unitil- the expiration of three. years after: final payment under this ‘contract, have access to and the right to examine: any directly ‘pertinent books, documents, papers, and records of the Contractor involving transactions. related to this contract, (6) The Contractor further agrees to include. in all his. subcontracts hereunder a provision to the effect that the. subcontractor agrees that the Government Compiroller of the Virgin Islands or any. of his duly authorized representatives shall, until the expiration of three years after final payment under the subcontract, have: access to and the right to examine any directly pertinent books, documents, papers, and records of” such subcontractor, involving transactions. ‘rélated to the subcontract. The term "subcontract" as used in this clause excludes (i) purchase orders not exceeding $1,000 and (ii) subcontractors or purchase orders for public’ utility’ services at rates established for uniform applicability to the general public. 11, DEFAULT (a) The Government may, subject to the provisions of paragraph (c) below, by ‘written notice of default to the Con- tractor, terminate the whole or any part of this contract in any. one of the following circumstances: (i) if the Contractor fails to. make delivery of the sup- plies or to perform the services within the time specified herein or any extension thereof; or Gi) if the Contractor fails to perform: any of the other provisions of this contract; or so. fails to maké progress as to endaiiget performance of ‘this contract in accordance witli ‘its terms, and in either of these two circumstances does not cure STANDARD FORM NG, FP &:P-GP- 15.73 APPROVED: 3-26-73 COMM. OF PROP. &: PROC: such failure within a period of 10 days (or'such longer periad as the Contracting Officer may atithorize in writing) after receipt of notice from the.Contracting Officer specifyiiig such failure, (b) In ‘the event the Goverment .terniinates this contract in whole or in part as‘provided in paragraph (a) of this clause, the Government.may procure, upon such terms and in-such manner as the Contracting Officer may deem, appropriate, sup-pties or services similar to those sa terminated, and the Con-tractor shall. be liable to the Government for any excess costs for such similar supplies or services: Provided, That the Contractor shall continue the performance of this contract to: the ‘extert not terminated under the provisions of this clause. (c) Except with respect to defaults of subcontractors, tlie Contractor shail not be liable for any excess costs if the failure to perform the contract arises out of causes beyond the céntral and without the fault or negligence. of the. Contractor. Such causes: may include, but are.not restricted to, acts of God or of the public enemy, acts of the Government in either its sovereign or contractural capacity, fires, floods, epidemics, quarantine Testrictions, ‘strikes, freight embargoes, and unusually sévere weather; but in every case the failure to perform must be beyond the control and without fault or negligence of the Contractor. If the failure to perform is caused by the default of'a subcontractor, and if such default arises.-out of causes beyond the: control of bath the Contractor and subcontractor, and with- out the fault or negligence of either’ of them, the Contractor shall not be liable for any excess costs for failure to ‘perform, unless the supplies or service feés to be furnished by the sub- Contractor was obtainable-from other sources in sufficient time. to permit the Contractor to meet'the required delivery schedule. (d) If this contract is terminated as provided in paragraph (a) of this clausé, the Government, in addition to .any other rights provided in this clause, may require the Contractor to transfer title and deliver to the Government, in the manner and to the extent directed by the Contracting. Officer, (i) any completed supplies, and (ii) such partially. completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, ‘and contract tights (hereinafter called “manufacturing materials") as the Contractor has specifically produced or specifically acquired for the ‘performance of such. part of this contract as has been terminated; ahd the Contractor shall, upon direction of the Contracting Officer, protect and preserve property in possession of the Contractor in which the Government has an interest. Payment for completed supplies: delivered to and accepted by the. Government: shall be at the contract price, Payment for manufacturing materials delivered to and accepted by the Government.and for the protection and preservation of property: shal! be in aii amount agreed upon by the Contractor and Contracting Officer; failure to agree to such amount shall be a dispute concerning a question of fact within the meaning of the clause of this contract -entitled "Disputes." The Government may withhold from amounts otherwige due the Contractor for such completed Supplies or maiwfacturing materials such sum as the Contracting Officer detertiines to be -3- necessary to protect the Government against loss because of outstanding liens or claims of former lien holders. (é) If, after notice of termination of this contract under the provisions of this clause, it is determined for any reason'that the Contractor was not in default under the provisions of ‘this clause, or that the default was excusable under the: provisions of this clause, the rights and obligations of the parties shail, if the: contract contains a clause providing for termination for convenience of the Government, be the same.as if the notice of termination had been issued pursuant to such clause. 1f, after notice of termination of this contract under the provisions 6f this. clause, it is determined for any reason -that the Contractor was not in default under the provisions of this claitse, and if this ‘contract does not-contain a clause providing for termination for ‘convenience of the Government, the contract shall be equitably adjusted to compensate: for such termination and thé contract. modified accordingly; failure’ to- agree to any such adjustment shall be a dispute concerning:.a question of fact within the meaning of the clause of this contract entitled "Disputes." (f} The rights and remedies. of the Government provided in this clause shall not.be exclusive and are: in addition to. any other: rights and remedies provided by law or under this contract. 12.. DISPUTES (a) Except as’ otherwise ‘provided in this’ contract, any dispute conceming 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 miails or otherwise furnishes to the Contracting Officer a written appeal addressed to the Attorney General. “The decision of the Attorney General or his duly’ authorized representativé shall he final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connéction with.any appeal proceeding under this clausé, the Coritractor 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 cantract. and in accordance with the Contracting Officer's decision. (b) This-"Disputes" clause does not preclude consideration ‘of law’ quéstions in. connection with decisions provided ‘for in paragraph (a) above:- Provided, That nothing in this contract shall be construed af making final the décision of any administrative official, representative, or board on a question of Jaw, 13. NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRIN GEMENT The provisions of this clause shail be applicable-only if the amount of this contract.exceeds $10,000. STANDARD. FORM NO. P & PGP-15.73 APPROVED: 3.26.73. COMM. OF PROP, A PROC. (a) The Contractor shall report ‘to the Contracting Officer, promptly and in reasonable written detail, each notice of claim: of patent or copyright infringement based on the performance of this contract of which the Contractor has knowledge. (6) In the event. of any claim.or suit against the Government on account of any alleged. paterit or copyright’ infringement arising out of the performance of this contract ot out of the use of any supplies furnished ot work or services performed. here- under, the. Contractor shall. furnish to the Government when requested by the Contracting Officet, all evidence and in- formation in possession of the Contractor perlaining to such suit or claim. Such evidence and information shall‘be furnished at the expense of the Governmerit except where the Contractor has agreed to indemnify the Geverntnent. 14. BUY AMERICAN ACT (a). In acquiring: end. products, the Buy American Act (41 U.S. Code 1atid) provides that’ the Government give. preference to domestic source end products. For the purpose. of this-clause: - (i) “components” means those articles, materials, and sup- plies, which are directly incorporated in the énd products; {ii) “end. products" means those articles, materials, -and supplies, which are to be acquired under this contract for public use; and. Gii) "a domestic, Source end product” means (A) an un- manufactured end product which has been mined or produced in the United States and (B) an end product manufactured in the United States if the cost of the components thereof which are mined, produced, or manufactured in the United States exceeds 50 percent of thé cost of all its. components. For the purposes of" ‘this (a) (iii) (B), components of foreign origin of the same type or kind. as the products referred to in (b) (ii) or Gii) of this clause shall be treated as components mined, ‘produced, or manufactured in the United States. (b) The Contractor agrees that there will be delivered under this contract only domestic source ‘end products, except end products; (i) which are for use outside the United States; ‘(Gii) which the Government determines are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory qitality; _ Gil) as to which the Secretary determines the domestic preference to be inconsistent with the public interest; or (i). which aré for use outside the United States: (ii) which the Government. determines are not mined, produced, or manufactured: in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality;. (iii) as to which the: Secretary determiries the domestic preference to be inconsistent with the public interest;. or {iv) as-‘to which the Secretary determines the cost to the Government.to be unreasonable. (The foregoing. requirements are administered in accordance with Executive Order No. 10582, dated December 17, 1954.) 15, CONVICT LABOR | In connection. with the ‘performance of work imder this contract, the Contractor agrees not to employ any person undergoing sentence of imprisonment at.hard labor. 16. OFFICIALS NOT TO BENEFIT No member of the Legislature, or Delegate to the United States Congress, or official ‘or: employee of the Executive Branch of the Government of the Virgin Islands, ‘shall ‘be. admitted to any share or part of this contract, or to any: benefit that may arise therefrom, but this provision shall not be construed to extend to this contract if made with a. corporation for its-general benefit. ‘17. COVENANT AGAINST CONTIGENT FEES The Contractor. warrants that no person ot selling agency has been employed or retained to solicit.or secure this contract upon- an agreement or understanding for a corimission, percentage, brokerage, or contingent fée, 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 cotitract without liability or in its discretion to deduct from the contract price. or consideration, or otherwise recover, the full amount of such comunission; percentage, brokerage, or contingent fee. 18. SAFETY 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 Occi:patiorial 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 contiact. No work under this contract will be permitted until the GVI is assured that the contractor has-an adequate safety program in effect. TERMS AND CONDITIONS OF THE INVITA 1, PREPARATION .OF -BIDS: {a) Bidders are. expected to. examine the drawings, specifications, invitations, and all instructions, Failure to cose will be at the bidder's. risk, (b) Bids must be in ink or printed -on the bid-forms furnished herewith. Bids Submitted in-pencit will be. rejected. Bids containing alterations of erasures will be rejected, unless the alteration or erasure is crossed. out and correction ‘thereof printed in ink or typewritten adjacent: thereto and initialed by the. person sighing the bid, in addition, a-statement must_be furnished with the bid, Signed by the bidder explaining the correction of the alteration or erasure, (6) tf the bidder is a parlnership, @ leltér of authorization Shall be. fimished and signed by all of the general partners. If ‘the bidder is a proprielor, and the peison signing the bid is other than the. owner, a Jeter of authorization signed by the owner shall be furnished. Tha Contracting Officer will rétdin all such proof on file for acceptarice of future bids, if requested to do so. (d) The bidder must. sign his proposal corectly and in lnk. If the proposal is offered by an individual or partnership, his name,. office and post office addresses musi be- shown. if offered by a corporation,. the person signing. the proposal iust -give his name, title, and. business address. Anyone signing a proposal as agent must file legal: evidence of his authority to ‘dose, and that the. signature is binding upon the fim or corporation, {e) Alternate bids will not be ‘considered unless authorized by the invitation. Alternate’bids are those offered which do. hot meet the specification and are not considered ‘approved ‘equal: to the item specified. (f) When not otherwise specified, the'bidder must State a-definite lime. of proposed delivery: {g) Time, if stated as 4 number of days will include Sundays and holidays, 2. SUBMISSION OF BIDS: (a) Bids and modifications ihereof stiall be enclosed in séaled envelopes addressed to the issuing. office, with the. name and address of the bidder, the datéand hour of opening, and. ‘the invitation numbet on thé face of the envelope. Bidg shall be submitted so as to be received in the Office of the Contracting Officer not later than ihé. exact time.set for opening of bids, To’ be considered for award, a bid must comply in all material respects with the invitation: for bids sa that, both as fo the method dnd timeliness of submission, and as to the substance. of any resulting contract, all bidders may stand on an equal footing. and the. integrity of the formal advertising system. may be maintained. (b) Telegraphic bids. shall not be considered unless permitted by the Invitation for Bids. Where. telegraphic: bids are: authorized, a telegraphic bid received by ‘telephone from the receiving telegraph office not later than the time set for Opening of bids, shall bé considered if such bid is confirmed-in writing by the telegraph company and by sending a copy’ of the telegram which forms the basis: for the ‘telephone call. (0) Bids- may be modified by felegraphic notice providéd such notice is received prior fo the time set-for the opening .of the bids. (d) (SUPPLY. CONTRACTS) Sample of iteris, when required, must be: submitted within the time specified, and unless otherwise Specified by the Goverment. /f net. destroyed ‘by testing, samples will be-returned at bidders’ request. and expense unless othenvise specified by the Invitation, (e} in the event no-bid is to be submitied, ‘Bidders are-advised not'to return the Invitation unless otherwise specified. However, a letter or post card ‘Shall be sent to-the Issuing.Office. advising whether future Itivitations for the. lype:of supplies or senvices covered by the invitation is: desired. Failure. to so advise the Issuing Office ‘may be interpreted against the bidder. 3. WITHDRAWAL OF BIDS: Bids may: be withdrawn only by writes or telegraphic notice previded that:such notice fs received. prior to-the-time set for opening of the bid. 4. LATE BIDS: (a) Bids received at the Office of the Contrasting Officer after the precise time set in the. Invitation for Bids ate late bids. (b) A fate. bid shail be considgred for award only if it is received before award: and elther,. (i) if was sent by mail including registered or cerlified for “which an official dated post office: stamp (Postmark) on the-ervelope has been -obtaingd, or by telegraph if ‘authorized, and itis determined that the iafenéss was due solely to a delay in the mails. or to-a délay by the telegraph compariy for which the bidder was not responsible; or {ii} IF “submitted by mail: or by telegram where authorized-it. was received at the- Oifice of the Contracting Officer in sufficient time to be opened as: required in the Invitation but except for delay due {fo mishandling on the par ‘of the Government. Thé only: evidence acceptable io establish timely receipt at the Oifice of the- Contracting Officer is that which can be established Upon examination of an appropriate time slanip.or 4 ‘wiitten. sfatement from an official of the U. S. Postal Service, (c) Hand-Carried Bids: A late hand-carried bid, or any other late- bid not-submitted by mail or ‘telegram, shall not be considered for award. (d) ‘Registered Mail: The time of malting of a fate bid, mailed. by registered mail, may be determined: by the date of the postmark on ihe registered mail receipt or registered mail wrapper. The time of mailing shall be ‘deemed to be the last minute of the-date shown in Such postinark unless the bidder furnishes evidence fram the post office station of mailing which. establishes art earlier time, ifthe bostinark does not show-a dale, the bid shall be deemed to have been mailed too late unless the bidder tumishes evidence from the post office of mailing which establishes timely mailing. (e} Certified Mail: The time. of mailing a laté:bid;” mailed by Certified ‘Mail‘for which a postmarked Receipt for Ceitified Mail was obtalned, shall be deemed to be the last minute of the date shown on. the postmark on such receipt where: (i) the Receipt for Certified Mail identifies the ‘post office. station of mailing arid the bidder furnishes evidence from 'such’station that the busiriess day of that station ended at-an earlier time, in which case the fime of malling shall ‘be. deemed to be last minute of the business day of that station: or (il) an-entry in ink on TION FOR BIDS the Receipt of Certified Mail, showing the time -of mailiig and the- initials of the postal employee receiving the item and making the entry, is appropriately verified in writing by the post. office Station of mailing in which-.case the: time OF mailing “Shall be the time shown in-the entry. {fF the péstmark does not show a date; the bid. shall be deemed to. have been mailed too late. (f} Metered Mail: Bids or modifications thereof ‘transmitied in a meisred envelope received affer the time-set for opening will be deerned to have been mailed on the iast:minute-of the day indicated by the metered stamp unless in ‘such event a bidder is able to submit clear and convincing proof as to the actual or approximate time of mailing. § IDENTIFICATION. .OF OFFER: Bidders shall show “brand fame, catalog number, model and so forth:as applicable on bid form covering the product they aré bidding on -and propose ‘to furnish, if not shown, ‘it will be considered and understood fo be that the make and model, shawn in the Schedule, as a reference, will be suppiled. 6. CASH DISCOUNT PROVISIONS: (a) Discounts offered for-a-period of less than 20 days will not be. considered in making award. Bids offering discourits.. for payment within periods in excess of twenty (20) days will be evaluated for-the purpose: of award, (b) In connection with discounts offered, fime’ will be- completed fron date of acceptance of the supplies ‘by the Goverment. Provided, however, that ‘the Government is.not unreasonably nor unduly negligerit in accepting shipment. 7. AWARD OF CONTRACT: (a) Unléss. all bids are rejected, award will be made by. written notice, within. the time Specified for ‘acceptance, to that responsible bidder whose bid, conforming to the Invitation for Bids, offers the most advaniageous service to thé Government, quality offered, delivery tems and Service reputation taken into consideration. (b} The Goverment may award items separately or by grouping items in total fots, (c) The Goverment may, during the term ‘of cany- Contract entered into, increase or decrease the quantitiés. but na such increase or decrease wil exceed twenty-five (25%) per cant of ‘the-quantity bid upon, 8. REJECTION OF BIDS: The Government may, after opening but prior fo award and within the time spécified for acceptance, refect. any or all bids, or. the bid for any one or more’ commodities of Contracted services included in the proposed coniact,. when the public interest will be served thereby, 9. PRICES: (a) All prices hid shall be ‘firm and not Subject to increase if accepted during the ecceptance period. Bids containing an.“escalation clause" will nat. be considered unlésgs specifically authorized by the. Govemmentt in the Invitation for Bids. (b) For each item bid, .a-unit price and a total-for the quantity must, be-stated, The-unit price shall always control. (c) Ail prices shall be F.0.B, (Free Cn Board) destination. The seller hereunder must-at his. own expense and tisk, transport the goods to the named place and their tender delivery, STANDARD FORM NO, DPP. TC-54-75- APPROVED 10-2-74 ‘COMMISSIONEER OF DPP REVSIED 3-18-08 (a) (b) TERMINATION OF CONTRACTS 0 CONVENIENCE OF THE GOVERNMENT The performance of work under this contract may be termitiated by the Government in accordance with this clause in. whole, ot 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: G) stop work. under the contract on the date-and te 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 contraét as is not. terminated; Git) tetminateall 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 acquiréd in connection with the: performance of, the work terminated by the Notice of Termination, and (B) -[- STANDARD FORM NO, DPP — TC-54-75 APPROVED 10-2-74 COMMISSIONEER OF DPP REVSIED 3-18-08 (©) (d) the. completed or partially completed plans, drawings, information, and other property which, if the contract had been completed, would have been required to be furnished to the Government. (vii) use his best efforts to sell, in the manner, at the times, to the extent, and at the price-or prices directed or authorized by the Commissioner of Property and Procurement, any property of the types referred to in (vi) above; provided, however, that the Contractor (A) shall not be required to extend credit to any purchaser, and (B) may acquire any such property under the conditions. prescribed by and at the price. or prices approved by the Commissioner of Property and Procurement and provided further that the proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by the Government to the Contractor tinder this contract or shall otherwise be. credited to the price or cost of the work covered. by this conttact or paid in such other manner as the Commissioner of Property.and Procurement may direct; (viii) complete performance of such part of the work as shall not have been terminated by the Notice of Termination; and (ix) take such action as may be necessary, oras the Commiissioner 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 io 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 efféctive date of termination, unless one or more extensions in writing aré granted by the Commissioner of Property and Procurement, upon request of the Contractor made in. writing within such one-year petiod 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 amoimt or amounts may include a reasonable allowance for profit on work done; provided, that such agreed amount or amounts, exclusive of séttlemerit costs, shall not exceed the. total contract price as reduced by the amount. of payments otherwise made and as further reduced by the contract price of work not terminated. The contract shall be amended accordingly, and.the Contractor shall be paid ~2- STANDARD FORM NO. DPP~ [C:54:75 APPROVED 10-2-74 COMMISSIONEER OF DPP. REVSIED 3-18-08 the agreed amount. Nothing in paragraph (e) of this clause, prescribing the amount to be paid to the Contractor in the event of failure of the Contractor and the Commissioner of Property and Procurement to agree upon the whole amount to be paid to the Contractor by reason of the termination of work pursuant to this clause, shall be deemed to limit, restrict or otherwise determine or affect the amount or amounts which may be agreed to be paid to the Contractor pursuant to this paragraph (d): @) (it) (ii) for completed supplies, materials. and equipment or services accepted by the Government (or sold or aéquired as provided in paragraph (b} (vii) above) and not theretofore paid for, a sum equivalent to the aggregate price. for such supplies or services computed in accordance with the price or prices. specified in the contract, appropriately adjusted for any saving for freight or other charges: the total of —~. (A). the costs incurred in the performance of the work terminated, including initial costs and preparatory expense allocable thereto,-but exclusive of any costs attributable to suppliés or services paid or to be paid for under paragraph (c) G) 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 amounits paid or payable on. account of supplies or materials delivered or services furnished by subcontractors or vendors prior to the effective date of the Notice of Termination, which amounts shall be included in the costs payable under (A) above; and (C) a sum, as profit on (A) above, determined by the Contracting Officer to be fair and reasonable; provided, however, that if it appears that the Contractor would have sustained a loss on the entire contract had it been completed, no profit shall be included or allowed under this. subdivision (C) and an appropriate adjusiment shall be.made reducing the-.airiount of the settlement to reflect the indicated. rate of loss; and the reasonable costs of settlement, including accounting, legal, clerical. and. other expenses reasonably necessary for the preparation of settlement claims and. supporting data with respect to the terminated portion of the contract and for the termination and’ settlement. of subcontract thereunder, together with reasonable storage, transportation and other costs incurred in connection with the protection or disposition of property allocable to this contract.