GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES



aes DEPARTMENT OF PROPERTY AND PROCUREMENT

Comm. of Prop. Proc PROCUREMENT DIVISION

Rev. 3-18-08

INVITATION BID & AWARD CONTRACT NO.

SUPPLY CONTRACT ORDERS.

ISSUED BY ADDRESS



8201 Sub Base, 3rd Floor

Deparment or Peapalty sR cursWigat St. Thomas, Virgin Islands 00802



ad

INVITATION FOR BIDS



DATE ISSUED



May 9, 2016 [NYTATIONNO. | FBO36VINGT16 (S)



Sealed bids in quintuplicate (5 Sets), subject to (1) The Terms and Conditions of the Invitation for Bids, (2) General Provisions

which are incorporated herein by reference, and (3) such other contract provisions and specifications as are attached or

incorporated by reference will be received at the above office until 10:00 o'clock AM, Atlantic Standard Time, not later than

(date) Tuesday, June 14, 2016 at that time publicly opened for furnishing the supplies or services for delivery f.0.b. ST.

THOMAS, VI :

General information and instructions to Bidders are contained in the terms and conditions on the reverse hereof



—————— SS eee

SCHEDULE



gable UNIT UNIT PRICE AMOUNT



ITEM NO. SUPPLIES OR SERVICES



Trash/ Solid Waste Collection and Disposal at

the Gramboko Building, Subbase and at the

Estate Nazareth Military Compound on St.

Thomas



[ee a Ae a ee ee are



BID —— = foate or ai



IN COMPLIANCE WITH THE ABOVE THE UNDERSIGNED OFFERS AND AGREES, IF THIS BID BE ACCEPTED WITHIN DAYS (30 calendar days

unless a different period is inserted by the Bidder) FROM THE DATE OF OPENING TO FURNISH ANY OR ALL OF THE ITEMS UPON WHICH PRICES ARE

QUOTED, AT THE PRICE SET OPPOSITE EACH ITEM, DELIVERED AT THE DESIGNATED POINTS WITHIN THE TIME SPECIFIED IN THE INVITATION.

DISCOUNTS WILL BE ALLOWED FOR PROMPT PAYMENT AS FOLLOWS:



PERCENT, 20 CALENDAR DAYS; PERCENT, 30 CALENDAR DAYS

BIDDER REPRESENTS (Check appropriate boxes)

(1) THAT HE IS ___, |S NOT__., ASMALL BUSINESS CONCERN. IF BIDDER IS A SMALL BUSINESS CONCERN AND 1S NOT THE MANUFACTURER

OF THE SUPPLIES BID UPON, HE ALSO REPRESENTS THAT ALL SUPPLIES TO BE FURNISHED HEREUNDER WILL __.. WILLNOT___, BE

MANUFACTURED OR PRODUCED BY A SMALL BUSINESS CONCERN IN THE UNITED STATES, ITS TERRITORIES, ITS POSSESSIONS, OR THE

COMMONWEALTH OF PUERTO RICO.

(2) THAT HE IS 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 SOLICIT OR SECURE THIS CONTRACT, AND (B}) THAT HEHAS __, HASNOT___, PAID OR

AGREED TO PAY ANY COMPANY OR PERSON (OTHER THAN A FULL-TIME BONA FIDE EMPLOYEE WORKING SOLELY FOR THE BIDDER) ANY

FEE, PERCENTAGE, COMMISSION, OR BROKERAGE FEE, CONTINGENT UPON OR RESULTING FROM THE AWARD OF THE CONTRACT; AND

AGREES TO FURNISH INFORMATION RELATING TO (A) AND (B) ABOVE AS REQUESTED BY THE CONTRACTING OFFICER.

(4) 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

IN THE VIRGIN ISLANDS; ___A FIRM, PARTNERSHIP, OR CORPORATION IN WHICH AT LEAST FIFTY-ONE PERCENT (51%) OF THE LEGAL OR

EQUITABLE OWNERSHIP IS HELD BY A PERSON OR PERSONS WHO HAVE BEEN BONA FIDE CONTINUOUS RESIDENTS OF THE VIRGIN ISLANDS

FOR AT LEAST EIGHT (8) YEARS OR ____ WHO WERE BORN IN THE VIRGIN ISLANDS; ___SAID PERSON, FIRM , PARTNERSHIP, OR CORPORATION

1S LICENSED IN AND MAINTAINS HIS OR ITS PRINCIPAL PLACE OF BUSINESS IN THE VIRGIN ISLANDS 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 (Street, City, State and Zip Code) SIGNATURE OF PERSON AUTHORIZED TO SIGN BID

(Type or Print) —f



TYPE OR PRINT SIGNER'S NAME & TITLE



rr  /\ |; a 0



ACCEPTED AS TO ITEMS NUMBERED AMOUNT GOVERNMENT OF THE VIRGIN ISLANDS



| SUBMIT INVOICE FOR PAYMENT TO:



Virgin Islands National Guard

4031 La Grande Princesse LOT 1B BY - ——

Christiansted, Virgin Islands 00820 Seneca fies

Standard Form 86



en ne CONTINUATION SHEET Rottact Crees, or lavition NO, Page No.

General Services Administration (Supply Contract)

Fed. Proc. Reg. (41 OFR) 1-16.107

36-104. Rev. 3-18-08 IFBO36VINGT16 (S)

ITEM NO. | SUPPLIES OR SERVICES Amount

Virgin Islands National Guard

Estate Nazareth Military Compound $

St. Thomas, Virgin Islands Per Month



4 Location:



Trash/ Solid Waste Collection and Disposal



A. |SFC Leonardo B. Francis Armory at 6304 Estate Nazareth



B. |Field Maintenance Shop (FMS) #2 at 6304 Estate Nazareth



2 Prospective Bidders must inspect sites prior to submitting bids



3 |Work will be perform two (2) days per week- Mondays and Thursdays between the

hours of 6 a.m. through 5 p.m., except on Federal holidays.



4 Location



A Gramboko Building, 2nd Floor, Subbase, St. Thomas



SCOPE OF WORK

SEE ATTACHED



Virgin Islands National Guard



Gramboko Building

Subbase, St. Thomas, Virgin Islands



2 Prospective Bidders must inspect sit prior to submitting bids



3. |Work will be perform Biweekly- every other Thursday from 6 a.m. through 5 p.m,

except on Federal holidays



SCOPE OF WORK



SEE ATTACHED



Contact Lieutenant Colonel Carolyn Y. Lanclos at Virgin Islands National Guard at

(340) 712-7721 to schedule a site visit.



$

Per Month



$0

Grand Total



Name of Bidder:



IFBO36VINGT 16 (S)

Standard Form 86 Contract, Order, or Invitation No.

Aremerhtsar ig Beton CONTINUATION SHEET epee Page No.

General Services Administration (Su pply Contract)

Fed. Proc. Reg. (41 OFR) 1-16.107

36-104. Rev. 3-18-08 IFBO36VINGT16 (S)

ITEM NO. | SUPPLIES OR SERVICES Amount



NOTICE TO BIDDERS



ALL INDIVIDUALS, FIRMS, PARTNERSHIPS, CORPORATIONS AND/OR JOINT VENTURES DOING BUSINESS

WITH THE GOVERNMENT OF THE VIRGIN ISLANDS SHALL SUBMIT INFORMATION IN WRITING, OF

THE PHYSICAL LOCATION OF THEIR PRINCIPAL PLACE OF BUSINESS. A POST OFFICE BOX MAILING

ADDRESS ONLY WILL NOT SUFFICE.



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 WILL BE REQUIRED TO FURNISH THE FOLLOWING DOCUMENTS WITH THEIR

SUBMITTAL: MANDATORY



A. CURRENT VALID BUSINESS LICENSE



B. CURRENT CERTIFICATE OF GOVERNMENT INSURANCE COVERAGE



C. CERTIFICATE OF GOOD STANDING



D. CORPORATE RESOLUTION EVIDENCING THE DIRECTORS/OFFICERS OF THE COMPANY



E. ARTICLES OF INCORPORATION, IF APPLICABLE



“IT SHALL BE THE BIDDERS' RESPONSIBILITY TO DELIVER HIS BID TO THE DESIGNATED LOCATION PRIOR

TO THE BID TIME SPECIFIED ON PAGE 1 OF THIS BID.”



Name of Bidder:



CONTRACT PERIOD: The period of any contract entered into under this Invitation for Bid shall be for a period of One

(1) year and may be extended for additonal optional 12- months period.



IFBO36VINGT16 (S)

|Standard Form 86 Contract, Order, or Invitation No.

eee a CONTINUATION SHEET conaet 3 vitation Page No.

General Services Administration (Supply Contract)

Fed. Proc. Reg. (41 OFR) 1-16.107

36-104. Rev. 3-18-08 IFBO36VINGT16 (S)

ITEM NO. | SUPPLIES OR SERVICES Amount



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.



[he Contractor snail maintain on nis own, vvorkmen’s Compensation insurance, Gomprenensive General Liapuity

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 of the Contract,



A copy of the Insurance listed herein shall be filed with the Department of Property & Procurement, 8201 Sub Base, 3rd

Floor, St. Thomas, U. S. Virgin Islands 00802.



he Contractor shall be liable tor loss or damages to property or persons, however, in no case shall such negligence

be presumed or inferred.



The Contractor agrees not to refuse to hire or employ or to bar or discharge from employment 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 will be

taken by the User Agency and the Department of Finance if payment is made within the discount period specified by



No discount offered for payments within less 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

Commissioner 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 later 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 31 V. |. C. § 236 a, will not be considered

eligible as Preferred Bidders for this Invitation for Bids.



Name of Bidder:



Pursuant to Act No. 3072, approved July 29, 1971, amending Section 245 of Chapter 23, Title 31 of the Virgin Islands

Code, each person who submits a bid in relation to any purchase in excess of $1,000.00, under this Chapter, will

disclose the Name and Address of each individual having a beneficial interest of more than five (5%) per Centum in the

bidding enterprise, and if the bidder is a Corporation, the Names and Addresses of all its Officers and Directors.



NAME ADDRESS TITLE



IFBO36VINGT16 (S)

[Standard Form 86



CONTINUATION SHEET



Contract, Order, or Invitation No.



November 1949 Edition



(As Applicable}



Page No.



General Services Administration



(Supply Contract)



Fed, Proc. Reg. (41 OFR) 1-16.107



36-104. Rev. 3-18-08



IFBO36VINGT16 (S)



SUPPLIES OR SERVICES



ITEM NO. |



Amount



Name of Bidder:



IFBO36VINGT 16 (S)

DPP-NCA-52-75

REVISED: 3-18-08



GOVERNMENT OF THE VIRGIN ISLANDS

DEPARTMENT OF PROPERTY AND PROCUREMENT



NON-COLLUSION AFFIDAVIT



Se eee Pere ee nT ee ee crn, err) tr ee being duly sworn, deposes and says that —

(1) He is [owner, partier, officer, representative, of abent] OF occ ccc. coccaaweacoscrs cc yee ceuciivareudavabins

see nee serra aes la RU SUNY Sea eae Simin nmnternenres pine meena stn oneind eas 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............... say OF sasnennannenanasususecnrammenarmvennat



Notary Public

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 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)



(ii)



(iii)



(iv)



(v)



(vi)



stop work under the contract on the date and to the extent specified in the

Notice of Termination;



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;



terminate all orders and subcontracts to the extent that they relate to the

performance of work terminated by the Notice of Termination;



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;



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:



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)



i

STANDARD FORM NO. DPP — TC-54-75

APPROVED 10-2-74

COMMISSIONEER OF DPP



REVSIED 3-18-08



(c)



(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 under this

contract or shall otherwise be credited to the price or cost of the work

covered by this contract or paid in such other manner as the Commissioner

of Property and Procurement may direct;



(viii) complete performance of such part of the work as shall not have been

terminated by the Notice of Termination; and



(ix) take such action as may be necessary, or as the Commissioner of Property

and Procurement may direct, for the protection and preservation of the

property related to this contract which is in the possession of the

Contractor and in which the Government has or may acquire an interest.



After receipt of the Notice of Termination, the Contractor shall submit to the

Commissioner of Property and Procurement his termination claim, in the form and with

certification prescribed by the Commissioner of Property and Procurement. Such claim

shall be submitted promptly but in no event later than one year from the effective date of

termination, unless one or more extensions in writing are granted by the Commissioner of

Property and Procurement, upon request of the Contractor made in writing within such

one year period or authorized extension thereof. However, if the Commissioner of

Property and Procurement determines that the facts justify such action, he may receive

and act upon failure of the Contractor to submit his termination claim within the time

allowed, the Commissioner of Property and Procurement may determine, on the basis of

information available to him, the amount, if any, due to the Contractor by any reason of

the termination and shall thereupon pay to the Contractor the amount so determined.



Subject to the provisions of paragraph (c), the Contractor and the Commissioner of

Property and Procurement may agree upon the whole or any part of the amount or

amounts to be paid to the Contractor by reason of the total or partial termination of work

pursuant to this clause, which amount or amounts may include a reasonable allowance for

profit on work done; provided, that such agreed amount or amounts, exclusive of

settlement costs, shall not exceed the total contract price as reduced by the amount of

payments otherwise made and as further reduced by the contract price of work not

terminated. The contract shall be amended accordingly, and the Contractor shall be paid



<i

STANDARD FORM NO. DPP - TC-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):



(i)



(ii)



(iii)



for completed supplies, materials and equipment or services accepted by

the Government (or sold or acquired as provided in paragraph (b) (vii)

above) and not theretofore paid for, a sum equivalent to the aggregate price

for such supplies or services computed in accordance with the price or

prices specified in the contract, appropriately adjusted for any saving for

freight or other charges;



the total of —



(A) the costs incurred in the performance of the work terminated,

including initial costs and preparatory expense allocable thereto, but

exclusive of any costs attributable to supplies or services paid or to

be paid for under paragraph (e) (i) hereof;



(B) the cost settling and paying claims arising out of the termination of

work under subcontracts or orders, as provided in paragraph (b) (v)

above, which are properly chargeable to the terminated portion of

the contract (exclusive of amounts paid or payable on account of

supplies or materials delivered or services furnished by

subcontractors or vendors prior to the effective date of the Notice of

Termination, which amounts shall be included in the costs payable

under (A) above; and



(C) a sum, as profit on (A) above, determined by the Contracting

Officer to be fair and reasonable; provided, however, that if it

appears that the Contractor would have sustained a loss on the

entire contract had it been completed, no profit shall be included or

allowed under this subdivision (C) and an appropriate adjustment

shall be made reducing the amount of the settlement to reflect the

indicated rate of loss; and



the reasonable costs of settlement, including accounting, legal, clerical and

other expenses reasonably necessary for the preparation of settlement

claims and supporting data with respect to the terminated portion of the

contract and for the termination and settlement of subcontract thereunder,

together with reasonable storage, transportation and other costs incurred in

connection with the protection or disposition of property allocable to this

contract.

REPRESENTATION BY BIDDERS PURSUANT TO THE “BUY AMERICAN” ACT

(See Clause 14 of the General Provisions, Standard Form — Approved 7-14-71)



If the bidder represents that the articles, materials, and supplies he proposes to furnish are

domestic source end products as defined in Clause 14 of the General Provisions, he shall

check the box at the end of this paragraph........... 0... .0c0ccceceeccceccescusceuecvecsuvereceeeeecs



If the bidder represents the articles, materials, and supplies he proposes to furnish are NOT

domestic source end products as defined in Clause 14 of the General Provisions, he shall

check the box. at the end of this paragraph... cece severe wine svaveoorer vvanaweveeeeeeve tess



ALL BIDDERS MUST CHECK THE BOX AT THE END OF EITHER PARAGRAPH.

1 OR 2 ABOVE



A bidder who checks paragraph | above, but who proposes to furnish domestic source end

products containing components of foreign origin, the cost of which exceeds 5% of the bid

price, shall furnish in the spaces below a complete list of components of foreign origin in

sufficient detail to clearly identify each —



COMPONENTS OF FOREIGN ORIGIN



Component Point of Origin



The bidder represents that the total cost of the above components of foreign origin,

including applicable duty and transportation costs, constitutes % of the

cost of all components to be incorporated in the end products being furnished. The bidder

agrees to furnish, for the exclusive use of the Government, such additional information as

the contracting officer may request in order to verify the foregoing in evaluating the bid.



The bidder agrees that no components of foreign origin, other than those listed above, will

be incorporated in the end products being furnished without written approval of the

Contracting Officer.

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

APPROVED: 3-26-73



COMM. OF PROP. & PROC



REVISED: 3-18-08



GENERAL PROVISIONS

(SUPPLY CONTRACT)



1. DEFINITIONS

As Used throughout this contract, the following terms shall

have the meaning set forth below:



The term “Contracting Officer” means the Commissioner

of the Department of Property & Procurement; and the term

includes, except as otherwise provided in the contract, the

authorized representative of the Contracting Officer acting

within the limits of his authority.



2. CHANGES



The Contracting Officer may at any time, by a written

order, and without notice to the sureties, make changes, within

the general scope of this contract, in anyone or more of the

following: (i) Drawings, designs, or specifications where the

supplies to be furnished are to be specially manufactured for the

Government in accordance therewith; (ii) method of shipment

or packing; and (iii) place of delivery. If any such change

causes an increase or decrease in the cost of, or the time

required for, the performance of any part of the work under this

contract, whether changed or not changed by any such order, an

equitable adjustment shall be made in the contract price or

delivery schedule, or both, and the contract shall be modified in

writing accordingly. Any claim by the contractor for adjustment

under this clause must be asserted within 30 days from the date

of receipt by the Contractor of the notification of change:

Provided, however, That the Contracting Officer, if he decides

that the facts justify such action, may receive and act upon any

such claim asserted at any time prior to final payment under this

contract. Where the cost of property made obsolete or excess as

a result of a change is included in the Contractor's claim for

adjustment, the Contracting Officer shall have the right to

prescribe the manner of disposition of such property. Failure to

agree to any adjustment shall be a dispute concerning a question

of fact within the meaning of the clause of this contract entitled

"Disputes." However, nothing in this clause shall excuse the

Contractor from proceeding with the contract as changed.



3. EXTRAS



Except as otherwise provided in this contract, no payment

for extras shall be made unless such extras and the price thereof

have been authorized in writing by the Contracting Officer.



4. VARIATION IN QUALITY



No variation in the quantity of any item called for by this

contract will be accepted unless such variation has been caused

by conditions of loading, shipping, packing or allowances in

manufacturing processes, and then only to the extent, if any,

specify elsewhere in this contract.



5. INSPECTION



(a) All supplies (which term throughout this clause

includes without limitation raw materials, components,

intermediate assemblies, and end products) shall be subject to



af:



inspection and test by the Government, to the extent practicable

at all times and places including the period of manufacture and

in any event prior to acceptance.



(b) In case any supplies or lots of supplies are defective in

material or workmanship or otherwise not in conformity with

the requirements of this contract, the Government shall have the

right either to reject them (with or without instructions as to

their disposition) or to require their correction. Supplies or lots

of supplies which have been rejected or required to be corrected

shall be removed or, if permitted or required by the Contracting

Officer, corrected in place by and at the expense of the

Contractor promptly after notice, shall not thereafter be

tendered for acceptance unless the former rejection or

requirement of correction is disclosed. If the Contractor fails

promptly to remove such supplies or lots of supplies which are

required to be removed, or promptly to replace or correct such

supplies or lots of supplies, the Government either (i) may by

contract or otherwise replace or correct such supplies and

charge to the Contractor the cost occasioned the Government

thereby, or (ii) may terminate this contract for default as pro-

vided in the clause of this contract entitled "Default." Unless the

Contractor corrects or replaces such supplies within the delivery

schedule, the Contracting Officer may require the delivery of

such supplies at a reduction in price which is equitable under

the circumstances. Failure to agree to such reduction of price

shall be a dispute concerning a question of fact within the

meaning of the clause of this contract entitled "Disputes."



(c) If any change inspection or test is made by the

Government on the premises of the Contractor or a

subcontractor, the Contractor without additional charge shall

provide reasonable facilities and assistance for the safety and

convenience of the Government inspectors in the performance

of their duties. If Government inspection or test is made at a

point other than the premises of the Contractor or a

subcontractor, it shall be at the expense of the Government

except as otherwise provided in this contract: Provided, That in

case of rejection the Government shall not be liable for any

reduction in value of samples used in connection with such

inspection or test. Al] inspections and tests by the Government

shall be performed in such a manner as not to unduly delay the

work. The Government reserves the right to charge to the

Contractor any additional cost of Government inspection and

test when supplies are not ready at the time such inspection and

test is requested by the Contractor or when reinspection or retest

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 & 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 does not relieve the Contractor from any

responsibility regarding defects or other failures to meet the

contract requirements which may be discovered prior to

acceptance. Except as otherwise provided in this contract,

acceptance shall be conclusive except as regards latent defects,

fraud, or such gross mistakes as amount to fraud.



(e) The Contractor shall provide and maintain an inspection

system acceptable to the Government covering the supplies

hereunder. Records of all inspection work by the Contractor

shall be kept complete and available to the Government during

the performance of this contract and for such longer period as

may be specified elsewhere in this contract.



6. RESPONSIBILITY FOR SUPPLIES



Except as otherwise provided in the contract, (i) the

Contractor shall be responsible for the supplies covered by this

contract until they are delivered at the designated delivery point,

regardless of the point of inspection; (ii) after delivery to the

Government at the designated point and prior to acceptance by

the Government or rejection and giving notice thereof by the

Government, the Government shall be responsible for the loss

or destruction of or damage to the supplies only if such loss,

destruction or damage results from the negligence of officers,

agents, or employees of the Government acting within the scope

of their employment; and (iii) the Contractor shall bear all risks

as to rejected supplies after notice of rejection, except that the

Government shall be responsible for the loss, or destruction of,

or damage to the supplies only if such loss, destruction or

damage results from the gross negligence of officers, agents, or

employees of the Government acting within the scope of their

employment.



7. PAYMENTS



The Contractor shall be paid, upon the submission of

proper invoices or vouchers, the prices stipulated herein for

supplies delivered and accepted or services rendered and

accepted, less deductions, if any, as herein provided. Unless

otherwise specified, payment will be made on partial deliveries

accepted by the Government when the amount due on such

deliveries so warrants; or when requested by the Contractor,

payment for accepted partial deliveries shall be made whenever

such payment would equal or exceed either $1,000 or 50

percent of the total amount of this contract.



8. ASSIGNMENT OF CLAIMS



(a) Pursuant to the provisions of the Assignment of Claims

Act (5 VIC 1201 et. seq.) if this contract provides for payments

aggregating $1,000 or more, claims for moneys due or to

become due to the Contractor from the Government under this

contract may be assigned to a bank, trust company, or other

financial institution, including any Federal lending agency, and

may thereafter be further assigned and reassigned to any such

institution. Any such assignment or reassignment shall cover all

amounts payable under this contract and not already paid, and

shall not be made to more than one party, except that any such



assignment or reassignment may be made to one party as agent

or trustee for two or more parties participating in such

financing. Unless otherwise provided in this contract, payments

to an assignee of any moneys due or to become due under this

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

amended, be subject to reduction or set off.



9. ADDITIONAL BOND SECURITY



If any surety upon any bond furnished in connection with

this contract becomes unacceptable to the Government of if any

such surety fails to furnish reports as to his financial condition

from time to time as requested by the Government, the

Contractor shall promptly furnish such additional security as

may be required from time to time to protect the interests of the

Government and of persons supplying labor or materials in the

prosecution of the work contemplated by this contract.



10. EXAMINATION OF RECORDS



(The following clause is applicable if the amount of this

contract exceeds $1,000.00 and was entered into by means of

negotiation, but is not applicable if this contract was entered

into by means of formal advertising.)



(a) The Contractor agrees that the Government

Comptroller of the U. S. Virgin Islands or any of his duly

authorized representatives shall, until the expiration of three

years after final payment under this contract, have access to and

the right to examine any directly pertinent books, documents,

papers, and records of the Contractor involving transactions

related to this contract.



(b) The Contractor further agrees to include in all his

subcontracts hereunder a provision to the effect that the

subcontractor agrees that the Government Comptroller of the

Virgin Islands or any of his duly authorized representatives

shall, until the expiration of three years after final payment

under the subcontract, have access to and the right to examine

any directly pertinent books, documents, papers, and records of

such subcontractor, involving transactions related to the

subcontract. The term "subcontract" as used in this clause

excludes (i) purchase orders not exceeding $1,000 and (ii)

subcontractors or purchase orders for public utility services at

rates established for uniform applicability to the general public.



11. DEFAULT



(a) The Government may, subject to the provisions of

paragraph (c) below, by written notice of default to the Con-

tractor, terminate the whole or any part of this contract in any

one of the following circumstances:



(i) if the Contractor fails to make delivery of the sup-

plies or to perform the services within the time specified herein

or any extension thereof; or



(ii) if the Contractor fails to perform any of the other

provisions of this contract, or so fails to make progress as to

endanger performance of this contract in accordance with its

terms, and in either of these two circumstances does not cure

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

APPROVED: 3-26-73

COMM. OF PROP. & PROC.



such failure within a period of 10 days (or such longer period as

the Contracting Officer may authorize in writing) after receipt

of notice from the Contracting Officer specifying such failure.



(b) In the event the Government terminates this contract in

whole or in part as provided in paragraph (a) of this clause, the

Government may procure, upon such terms and in such manner

as the Contracting Officer may deem appropriate, sup-plies or

services similar to those so terminated, and the Con-tractor shall

be liable to the Government for any excess costs for such

similar supplies or services: Provided, That the Contractor shall

continue the performance of this contract to the extent not

terminated under the provisions of this clause.



(c) Except with respect to defaults of subcontractors, the

Contractor shall not be liable for any excess costs if the failure

to perform the contract arises out of causes beyond the control

and without the fault or negligence of the Contractor. Such

causes may include, but are not restricted to, acts of God or of

the public enemy, acts of the Government in either its sovereign

or contractural capacity, fires, floods, epidemics, quarantine

restrictions, strikes, freight embargoes, and unusually severe

weather; but in every case the failure to perform must be

beyond the control and without fault or negligence of the

Contractor. If the failure to perform is caused by the default of a

subcontractor, and if such default arises out of causes beyond

the control of both the Contractor and subcontractor, and with-

out the fault or negligence of either of them, the Contractor

shall not be liable for any excess costs for failure to perform,

unless the supplies or service fees to be furnished by the sub-

contractor was obtainable from other sources in sufficient time

to permit the Contractor to meet the required delivery schedule.



(d) If this contract is terminated as provided in paragraph



(a) of this clause, the Government, in addition to any

other rights provided in this clause, may require the Contractor

to transfer title and deliver to the Government, in the manner

and to the extent directed by the Contracting Officer, (i) any

completed supplies, and (ii) such partially completed supplies

and materials, parts, tools, dies, jigs, fixtures, plans, drawings,

information, and contract rights (hereinafter called

“manufacturing materials") as the Contractor has specifically

produced or specifically acquired for the performance of such

part of this contract as has been terminated; and the Contractor

shall, upon direction of the Contracting Officer, protect and

preserve property in possession of the Contractor in which the

Government has an interest. Payment for completed supplies

delivered to and accepted by the Government shall be at the

contract price. Payment for manufacturing materials delivered

to and accepted by the Government and for the protection and

preservation of property shall be in an amount agreed upon by

the Contractor and Contracting Officer; failure to agree to such

amount shall be a dispute concerning a question of fact within

the meaning of the clause of this contract entitled "Disputes."

The Government may withhold from amounts otherwise due the

Contractor for such completed supplies or manufacturing

materials such sum as the Contracting Officer determines to be



a



necessary to protect the Government against loss because of

outstanding liens or claims of former lien holders.



(e) If, after notice of termination of this contract under the

provisions of 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 shall, if the

contract contains a clause providing for termination for

convenience of the Government, be the same as if the notice of

termination had been issued pursuant to such clause. If, after

notice of termination of this contract under the provisions of

this clause, it is determined for any reason that the Contractor

was not in default under the provisions of this clause, and if this

contract does not contain a clause providing for termination for

convenience of the Government, the contract shall be equitably

adjusted to compensate for such termination and the contract

modified accordingly; failure to agree to any such adjustment

shall be a dispute concerning a question of fact within the

meaning of the clause of this contract entitled "Disputes."



(f) The rights and remedies of the Government provided in

this clause shall not be exclusive and are in addition to any other

rights and remedies provided by law or under this contract.



12. DISPUTES



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

dispute concerning a question of fact arising under this contract

which is not disposed of by agreement shall be decided by the

Contracting Officer, who shall reduce his decision to writing

and mail or otherwise furnish a copy thereof to the Contractor.

The decision of the Contracting Officer shall be final and

conclusive unless, within 30 days from the date of receipt of

such copy, the Contractor mails or otherwise furnishes to the

Contracting Officer a written appeal addressed to the Attorney

General. The decision of the Attorney General or his duly

authorized representative shall he final and conclusive unless

determined by a court of competent jurisdiction to have been

fraudulent, or capricious, or arbitrary, or so grossly erroneous as

necessarily to imply bad faith, or not supported by substantial

evidence. In connection with any appeal proceeding under this

clause, the Contractor shall be afforded an opportunity to be

heard and to offer evidence in support of his appeal. Pending

final decision of a dispute hereunder, the Contractor shall

proceed diligently with the performance of the contract and in

accordance with the Contracting Officer's decision.



(b) This "Disputes" clause does not preclude consideration

of law questions in connection with decisions provided for in

paragraph (a) above:- Provided, That nothing in this contract

shall be construed af making final the decision of any

administrative official, representative, or board on a question of

law.



13. NOTICE AND ASSISTANCE REGARDING PATENT

AND COPYRIGHT INFRINGEMENT

The provisions of this clause shall be applicable only if the

amount of this contract exceeds $10,000.