Executed letter February 18, 2021 Mr. Bernard Cuffy Old Hospital Ground Investments Inc. d/b/a Carpet Masters 2001 Old Hospital Grounds, Suite 2 Christiantsed, VI 00820 RE: S017DOFC21(CM) Janitiorial Services for the Department of Finance St. Croix U.S. Virgin Islands. Dear Bernard Cuffy: Transmitted herewith is the fully executed Supply Contract for the Janitorial Services for the Virgin Islands Department of Finance, in the St. Croix District during the period of February 18, 2021, through February 17, 2022. Old Hospital Ground Investments Inc. d/b/a Carpet Masters will perform under this Contract in accordance with Addendum I (Scope of Work), Addendum II (General Provisions), and Addendum III (Termination of Contracts). Old Hospital Ground Investments Inc. d/b/a Carpet Masters fails to comply with the terms of the enclosed Contract, the Government of the Virgin Islands will exercise all rights and remedies available to it in law and equity all documents via email to the Department of Property and Procurement for further processing. If you have any questions, please contact Dynell R. Williams, Deputy Commissioner of Procurement, at 340-773-1561 ext. 5244 or email dynell.williams@dpp.vi.gov. Respectfully, Dynell R. Williams Deputy Commissioner of Procurement DRW/mth Department of Property&Procurement Govemment of the United States Virgin Islands 3274 ESTATE RICHMOND, CHRISTIANSTED, U. S. ViRGIN ISLANDS 00820 8201 Sus BASE, 3RD FLOOR, ST. THomas, U.S. VIRGIN ISLANDS 00802 ST. CROIX MAIN OFFICE: 340.773.1561 | ST. THOMAS MAIN OFFICE: 340.774.0828 ST. CROIX FAX: 340.773.0986 | ST. THOMAS FAX: 340.774.9587 HTTP://DPP.VI.GOV January 27, 2021 Mr. Bernard Cuffy Old Hospital Ground Investments Inc. d/b/a Carpet Masters 2001 Old Hospital Grounds, Suite 2 Christiansted, VI 00820 RE: Supply Contract—S019NOFC21(CM) Dear Mr. Cuffy: Transmitted herewith is a Supply Contract for the Janitorial Services for the Department of Finance, St. Croix U.S. Virgin Islands during the period of February 18, 2021 through February 17, 2022. Services provided will be made in accordance with the terms and conditions of the contract. We invite your attention to the General Provisions of said contract particularly to Addendum II concerning default. Enclosed herewith for your review and signature is one (1) original Supply Contract. Additionally, please be sure to initial all pages of the Contract. In addition, please provide the following documents to complete your packet: 1. Execute and Initial Supply Contract; Initial all documents in the bottom right hand corner (BLUE INK ONLY). 2. Sign the original contract in the presence of one (1) witness (BLUE INK ONLY). Upon receipt of the requested information, please return all documents via email to the Department of Property and Procurement for further processing. If you have any questions, please contract Dynell R. Williams, Deputy Commissioner of Procurement at 340-773-1561 ext. 5244 or email dynell.williams@dpp.vi.gov. Respectfully, - ae) hog >. Ghose Anthony D. Thomas Commissioner” ADT/drw/mth GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES ssid DEPARTMENT OF PROPERTY AND PROCUREMENT SUPPLY CONTRACT No. S019DOFC21(CM) This AGREEMENT, made this _ 18th day of February 2021 for the Janitorial Services for the Department of Finance. St. Croix U.S. Virgin Islands by and between the Government of the Virgin Islands. hereinafter called the “GOVERNMENT”, and Old Hospital Ground Investments. Inc. d/b/a Carnet Masters whose address is 2001 Old Hospital Grounds, Suite 2. Christiansted. VI 00820 hereinafter called the “CONTRACTOR”, WITNESSETH: For, and in consideration of the acceptance of the Contractor’s proposal, under Invitation for Bids No. 037DOFC21(S) opened on July 23. 2020 and the award of this contract to the Contractor, notification hereof having been made to the Contractor on January 22. 2021, and, in further consideration of the covenants and agreements of the Parties herein contained, to be well and truly observed and faithfully kept by them, and each of them, it is mutually agreed between the Parties as follows: SECTION 1. That for and in consideration of the price or prices and agreement in this bid hereto attached and made a part of this Contract, the said Contractor agrees to furnish and deliver all of the services described in the said Invitation for Bids No. 037DOFC21(S) and the Scope of Work (Addendum I) at the price or prices stated therein and in strict accordance with the conditions of said accepted proposal. The Advertisement, Invitation for Bids, Scope of Work (Addendum I), Compensation (Addendum II), General Provisions (Addendum III), Termination of Contracts (Addendum IV), Provisions from 2 CFR 200 - Appendix II (Addendum V), any Supplemental Provisions and Specifications and the Purchase Order, including any change thereof, are all part and parcel of this Contract and are by this reference, incorporated in this Contract as fully and effectively as if set forth in detail herein. SECTION 2. The Government, for and in consideration of the full and true performance of the work by the Contractor, agrees to pay the price or prices set forth in the attached Invitation for Bids and the line items as indicated in Addendum I (Scope of Work) and Addendum II (Compensation), in lawful money of the United States, and the payment shall be made at the time and in the manner set forth in the Invitation for Bids, and Addendum II (Compensation). Fd Contract No. S019DOFC21(CM) 1 Initial SECTION 3. This Contract shall commence on F"hnrnn1 JR. 1011 and shall terminate on F<'hruarv 17. 1022. unless mutually extended or tern1inated by the parties. The services under this contract shall be for a period of one (J) w«r with a renewal option for a period of!!!!£ (1) vear No alterations or variations of the terms of the proposal shall be valid or binding upon the Government unless made in writing and approved by the Government. SECTION 4. This Contract will remain in force for the full period specified and until all services ordered before the date of termhation shall be satisfactorily performed and accepted and/or until all tern1s and conditions have been met, unless: (a) terminated prior to expiration by satisfactory delivery against orders of entire quantities contracted for; or (b) extended upon written authorization of the Government and accepted by the Contractor, to permit ordering of unordered balances or additional quantities at contract price or prices and in accordance with the contract terms. SECTION 5. Failure of the Contractor to deliver within the time specified, or within a reasonable time as interpreted by the Government, or failure to make replacement of rejected commodities when so requested, immediately or as directed by the Government, will constitute authority for the Government to purchase in the open market to replace the commodities rejected or not delivered. The Government reserves the right to authorize immediate purchases in the open market against rejections on this contract when necessary. On all such purchases, the Contractor agrees promptly to reimburse the Government for excess costs occasioned by such purchases. Such purchases will be deducted from contract quantities. However, should public necessity demand it, the Government reserves the right to use or consume commodities delivered which are substandard in quality, subject to an adjustment in price to be determined by the Government. SECTION 6. By execution of this contract, the Contractor certifies that it is eligible to receive contracts awarded using federally appropriated funds and that it has not been suspended or debarred from entering into contracts with any federal agency. The Contractor shall include this provision in each of its subcontracts hereunder and shall furnish its subcontractors with the current "LIST OF PARTIES EXCLUDED FROM FEDERAL PROCUREMENT OR NON­ PROCUREMENT." In the event the Contractor or any subcontractor misrepresents its eligibility to receive contract awards using federal funds, the Contractor or subcontractor agrees that it shall not be entitled to payment for any work performed under this contract or any subcontract and that the Contractor or subcontractor shall promptly reimburse the Government of the Virgin Islands for any progress payments heretofore made. SECTION 7. Contractor warrants that it shall not, with respect to this Contract, make or present any claim upon or against the Government of the Virgin Islands, or any officer, department, board, commission, or other agency thereof, knowing such claim to be false, Contract No. SO l 9DOFC2 I (CM) 2 Initial ""''-" fictitious, or fraudulent. Contractor acknowledges that making such a false, fictitious, or fraudulent claim is an offense under Virgin Islands law. SECTION 8. Contractor acknowledges that this Contract is funded, in whole or in part, by federal funds. Contractor warrants that it shall not, with respect to this Contract, make or present any claim knowing such claim to be false, fictitious, or fraudulent. Contractor acknowledges that making such a false, fictitious, or fraudulent claim is a federal offense. SECTION 9. The Contractor shall only perform services in accordance with the schedule outlined in Addendum I (Scope of Work) attached hereto and made a part hereof. SECTION 10. This Contract is subject to the appropriation and availability of funds and to the approval of the Commissioner of the Department of Property and Procurement. SECTION 11. The following insurance coverages are required by Contract and Contractor shall maintain these insurance coverages during the term of this Contract. (a) COMMERCIAL GENERAL LIABILITY: Commercial general _ liability insurance, in a form acceptable to the Government, on a “per occurrence” basis with a minimum limit of not less than one hundred thousand dollars ($100,000.00) for any one person per occurrence for death or personal injury and one hundred thousand dollars ($100,000.00) for any one occurrence for property damage. Insurance policy(ies) shall name the Government of the Virgin Islands as the certificate holder and additional insured via an endorsement. (6) WORKERS’ COMPENSATION: Contractor shall supply current coverage under the Government Insurance Fund or other form of coverage SECTION 12. Either Party may terminate this Contract for cause by providing ten (10) days written notice to the other party specifying the date of termination. The Government may also terminate this Contract for convenience on ten (10) days written notice in accordance with the Provisions of Addendum IV (Termination of Contracts). SECTION 13. A facsimile, electronic or digital signature on this Contract shall be deemed an original and binding upon the Parties hereto. SECTION 14. This Contract shall become effective immediately upon and as of the day of signature by the Commissioner of the Department of Property and Procurement. SECTION 15. NOTICE OF FEDERAL FUNDING. Contractor acknowledges that this Contract may be funded, in whole or in part, by federal funds. Contractor warrants that it shall not, with respect to this Contract, make or present any claim knowing such claim to be false, fictitious, or fraudulent. Contractor acknowledges that making such a false, fictitious, or fraudulent claim is a federal offence. Contract No. S019DOFC21(CM) 3 Initial | ae IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands on the day and year first above written. Witnesses: GOVERNMENT OF THE VIRGIN ISLANDS “Merah. & Mage Athen 5D. Chua 2/18/2021 Rea wie sarees aula nent ot ae CER ERMRE By: Anthéxy D. Thomas Date Commissioner Department of Property and Procurement By: Clarina Modeste Elliott ate Acting Commissioner Department of Finance Witnesses: CONTRACTOR - ES 02/08/2021 A fr. ane Cw. sa MRO sani aia Mian we biauesate sams By: Bernard Cuffy Date Owner Old Hospital Ground Investments Inc. d/b/a Carpet Masters (Corporate seal, if Contractor is a corporation) Contract No. S019DOFC21(CM) 4 Initial aa ADDENDUM I SCOPE OF WORK The Contractor shall provide monthly Janitorial Services for the Department of Finance, St. Croix U.S. Virgin Islands at 2314 Kronprindsens Gade, Charlotte Amalie VI 00802 at the prices quoted in Contractor's bid in response to IFB No. 037DOFC2I(S), which is attached hereto and incorporated by this reference. Ofll<.t.Uf Ill► (UM!\11.,.l()"ltM ......... ,"..,-: :JJ.4._Ѕ ... -.c:..i.­ ,.._.,.......,"--..!ii,,, ... t Ju1'at 17. 2020 GOVERNMENT OF THE UNITED STAl"fS VIRGIN ISLANDS DEPARTMENT OF FINANCE ........ (Ut)"-'UJЄ f•1· DM1 "'"411'1. Іt,-A4ffiw .. ,l:',...,..itw..G .. ('ariaHf'4ffll'-, \1 SCOPE OF WORK.JANITORIAL SERVICES UEPAKTMENT 0 .. F·tNANCE ST. CROIX. LEROY QUl:"IN BUii.DiNG , .. floor ЇЈ,·-OtrkЉ. F:,cifa) CoordiniNo: O!\iЊc. l"tcMury AJЋi5111n1 Oit.:CIOf on-.c.c:, Cu:un1isdoncr W:aiiin!l A•c.. '1\S l>ir"'1or OITt<<. MIS Olli..: SP"« Clo'1c:s11mt=r11 ln,Ќr t>utttor Ollicc:. Go\'tflUIM."Ol ln,utlU)('l Office Sr-,:1.! ktt'-pltOl'K,1A1u MЍin F.ntry H.lll\\)t)' All Lovauwia Sr<>pe: TIW! Cfinlrtclor shall be required 10 perform dail)' c-loniЎ Џ'"f btlWttn the l:oun of 5:00--7:00pru 1ncludini of Clll lnАtlMJtcr glft,, cuiri;: (Бs). ВeeJlint, d•hliog.. m<·-c·tp:mf, !<'Nt;.bint; •n.! w.uing of all nO()ft in 1hc k:,c:teillf1Г h,.._td, ·1hcc.Mrr.Khlf Sihttll B!'k--. ht tД.&irtd 111 fumi.J, ■II equipment w>d .wpr>ics needed to 1k?l'f(l.ml )UC.h Ju1K', FW:. musl •lЕ.;1ЖЗ bt: kcИ In clan :aod 1i11ucd .:ondllinn. Fl'-'OD 10 he ,crubt\:d a.nd "&Ard qwttletly. {IA"CtttlЙ. M.ran.!t. June %Id Scpttmbcl). EmcfSt,!OC) <11ua1ton, MK.ha, 1oodin, o, nl1ut1I d.iu, .. k'N s.h:a.11 be l•1lW Кwutdy. I he Nthn.."CRI and rcpla,'C'ma-.t of i..,ih:1 tО, .. t.. h.i.1-.J/p.ap:r to"·cl liqyid soor in lhc 1ppopria1ie JiПР flfVt.llYnl J\rid11irma.lly1 rhe ll:idcwalb 1u-ouoJ the t>1Ml,li,1С .)fl,,uN Ix sw,pt dail)' lnchuhc c.,f U1.: ti:u}h."-1Т)11 ;ul\l faTMYal oftmy garhagc/ruhbish 1h.t.1 nVfly t'luttc-, 111'\•lJnd d1< b\uld•tУ E:uФr?ur f,!1tit winJo..4• Jhuvld Х ckM ... ,t rrior 1n Ц-OOpm before shtmc-1 d(tiC Contract No. S0l9DOFC21(CM) 5 Initial __ ,._xcept as may be necessary for completion of such portion of the work under the contract as is not terminated; (iii) terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination; (iv) assign to the Government, in the manner, at the times, and to the extent directed by the Contracting Officer, all of the right, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the Government shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; (v) settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Contracting Officer, to the extent, he may require, which approval or ratification shall be final for all the purposes of this clause; (vi) _ transfer title ad deliver to the Government in the manner, at the times, and to the extent, if any, directed by the Contracting Officer (A) the fabricated or unfabricated parts, work in progress, completed work, supplies, and other material produced as a part of, or acquired in connection with the Contract No. S019DOFC21(CM) 11 Initial “© performance of, the work terminated by the Notice of Termination, and (B) 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. (c) 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. (d) 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 Contract No. S019DOFC21(CM) 12 Initial _7© terminated. The contract shall be amended accordingly, and the Contractor shall be paid the agreed amount. Nothing in paragraph (e) of this clause, prescribing the amount to be paid to the Contractor in the event of failure of the Contractor and the Commissioner of Property and Procurement to agree upon the whole amount to be paid to the Contractor by reason of the termination of work pursuant to this 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) for completed supplies, materials and equipment or services accepted by the Government (or sold or acquired as provided in paragraph (b) (vii) above) and not theretofore paid for, a sum equivalent to the aggregate price for such supplies or services computed in accordance with the price or prices specified in the contract, appropriately adjusted for any saving for freight or other charges; (ii) (iii) the total of — (A) the costs incurred in the performance of the work terminated, (B) (C) 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; 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 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. Contract No. S019DOFC21(CM) 13 Initial “© ADDENDUM V Provisions from 2 CFR 200 - Appendix II 1. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that during employment, employees are treated without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 Contract No. S019DOFC21(CM) 14 Initial 7% of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. 2. COMPLIANCE WITH THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The Department of Labor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. Contract No. S019DOFC21(CM) 15 Initial (7 3. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT Clean Air Act. (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seg. (2) The contractor agrees to report each violation to the Department of Planning and Natural Resources (DPNR) understands and agrees that the DPNR will, in turn, report each violation as required to assure notification to the Government, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act. (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the DPNR and understands and agrees that the DPNR will, in turn, report each violation as required to assure notification to the Government, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by the Federal Emergency Management Agency. 4. SUSPENSION AND DEBARMENT (1) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the Government. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Government, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Contract No. S019DOFC21(CM) 16 Initial SF 5. BYRD ANTI-LOBBYING Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the Government. 6. PROCUREMENT OF RECOVERED MATERIALS (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. 7. ACCESS TO RECORDS The following access to records requirements apply to this contract: (1) The Contractor agrees to provide the Government, the Federal Emergency Management Agency Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the Federal Emergency Management Agency Administrator or his/her authorized representatives access to construction or other work sites pertaining to the work being completed under the contract Contract No. S019DOFC21(CM) 17 Initial_ | 8. INDEMNIFICATION Contractor agrees to indemnify, defend and hold harmless Government from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges and expenses (including attorney’s fees) and causes of action of whatsoever character which Government may incur, sustain or be subjected to, arising out of or in any way connected to the services to be performed by Contractor under this Contract and arising from any cause, except the sole negligence of Government. 9. RIGHT TO WITHHOLD If work under this contract is not performed in accordance with the terms hereof, Government will have the right to withhold out of any payment due to contractor, such sums as Government may deem ample to protect it against loss or to assure payment of claims arising therefrom, and, at its option, Government may apply such sums in such manner as Government may deem proper to secure itself or to satisfy such claims. Government will immediately notify the contractor in writing in the event that it elects to exercise its right to withhold. No such withholding or application shall be made by Government if and while contractor gives satisfactory assurance to Government that such claims will be paid by contractor or its insurance carrier, if applicable in the event that such contest is not successful. Contract No. S019DOFC21(CM) 18 Initial A Certification for Contracts. Grants. Loans. and Coonerative Acreements (To he submitted with each hid or offer exceeding $100.000) The undersigned N/A certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered. Submission of this certification is a prerequisite for making or entering this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, N/A , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. N/A Signature of Contractor’s Authorized Official N/A Name and Title of Contractor’s Authorized Official Date Contract No. S019DOFC21(CM) 19 Initial OSs 1. PREPARATION OF BIDS: (a) Bidders are expected to examine the drawings, specifications, invitations, and allinstructions. Failure to do so will be at the bidder's risk. (b) Bids must be in ink or printed on the bid forms furnished herewith. Bids submitted in pencil willbe rejected. Bids containing alterations or 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 signing the bid. In addition, a statement must be furnished with the bid, signed by the bidder explaining the correction of the alteration or erasure. (c) If the bidder is a partnership, a letter of authorization shall be furnished andsigned byallofthe generalpartners. If the bidderis aproprietor, and the person signing the bid is other than the owner, a letter of authorization signed by the owner shall be furnished. The Contracting Officer will retain all such proofon file for acceptance of future bids, ifrequested to do so. (d) The bidder must sign his proposal correctly and in ink. If the proposal is offered by an individual or partnership, his name, office and post office addresses must be shown. If offered by a corporation, the person signing the proposal must give his name, title, and business address. Anyone signing a proposal as agent must file legal evidence of his authority to do so, and that the signature is binding upon the firm or corporation. (e) Alternate bids will not be considered unless authorized by the invitation. Alternate bids are those offered which do not meet the specification and are not considered approved equal to the item specified. (f) When not otherwise specified, the bidder must state a definite time of proposed delivery. (g) Time, ifstated as a number of days willinclude Sundays and holidays. 2. SUBMISSION OF BIDS: (a) Bids and modifications thereof shall be enclosed in sealed envelopes addressed to the issuing office, with the name and address of the bidder, the date and hour of opening, and the invitation number on the face of the envelope. Bids shall be submitted so as to be received in the Office of the Contracting Officer not later than the exact time set for opening ofbids. To be considered for award, a bid must comply in all material respects with the invitation for bids so that, both as tothe method and timeliness ofsubmission, and astothe substance ofany resulting contract, all bidders may stand on en equal footing and the integrity of the formal advertising system may be maintained. Contract No. S019DOFC21(CM) ADDENDUM VI TERMS AND CONDITIONS OF THE INVITATION FOR BIDS (SUPPLY CONTRACTS) (b) Sample of items, when required, must be submitted within the time specified, and unless otherwise specified by the Government. If not destroyed by testing, samples will be returned at bidders' request and expense unless otherwise specified by the Invitation. (c) Inthe eventno bidis to be submitted, 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 Invitations for the type of supplies or services 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 written notice provided that such notice is received prior to the time set for opening of the bid. 4, LATEBIDS: (a) Bids received at the Office of the Contracting Officer after the precise time setin the Invitation for Bids are late bids. (b) A late bid shall be considered for award only if it is received before award; and either; (i) It was sent by mail including registered or certified for which an official dated post office stamp (Postmark) on the envelope has been obtained, and it is determined that the lateness was due solely to a delay in the mails for which the bidder was not responsible; or (ii) If submitted by mail it was received at the Office of the Contracting Officer in sufficient time to be opened as required in the Invitation but except for delay due to mishandling on the part of the Government. The only evidence acceptable to establish timely receipt at the Office of the Contracting Officer is that which can be established upon examination ofan appropriate time stamp ora written statement 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. (d) Registered Mail: The time of mailing of a late bid, mailed by registered mail, may be determined by the date of the postmark on the registered mail receipt or registered mail wrapper. The time of mailing shall be deemedtobethelast minute ofthe date shown in such postmark unless the bidder fumishes evidence from the post office station of mailing which establishes an earlier time. If the postmark does not show a date, the bid shall be deemed to have been mailed too late unless the bidder furnishes evidence from the post office of mailing which establishes timely mailing. (e) Certified Mail: The time of mailing a late bid; mailed by Certified Mail for which a postmarked Receipt for Certified Mail was obtained, shall be deemed to be the last minute ofthe date shown on the postmark on such receiptwhere: (i) the Receipt for Certified Mailidentifies the post office station of mailing and the bidder furnishes evidence from such station that the business day ofthatstation endedatanearliertime, inwhich casethetime of mailing shall be deemed to be last minute of the business day of that station; or(ii)anentryininkon 20 the Receipt of Certified Mail, showing the time of mailing 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. Ifthe postmark does not show a date, the bid shall be deemed to have been mailedtoolate. (f) Metered Mail: Bids or modifications thereof transmitted in a metered envelope received after the time set for opening will bedeemedtohave been mailed on thelastminute 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. 5. IDENTIFICATION OF OFFER: Bidders shall show brand name, catalognumber, model and so forth as applicable on bid form covering the product they are bidding on and propose to furnish. If not shown, it will be considered and understood tobe thatthe make and model, shownin the Schedule, as a reference, will be supplied. 6. CASH DISCOUNT PROVISIONS: (a) Discounts offered for a period of less than 20 days will not be considered in making award. Bidsoffering discounts for payment within periods in excess of twenty (20) days will be evaluated for the purpose of award. (b) In connection with discounts offered, time will be completed from date of acceptance of the supplies by the Government. Provided, however, that the Governmentis not unreasonably norunduly negligent in accepting shipment. 7. AWARD OF CONTRACT: (a) Unless all bids are rejected, award will be made by written notice, within the time specified for acceptance, to that responsible bidder whose bid, conforming tothe Invitation for Bids, offers the most advantageous service to the Government, quality offered, delivery terms and service reputation taken into consideration. (b) The Government may award items separately or by grouping items in total lots. (c) Bidder acknowledges that all quantities listed on the bid sheet or any awarded contract are estimates and the Government will only purchase items based on its actual needs which may or may not amount to the total estimated quantities 8. REJECTION OF BIDS: The Government may, after opening but prior to award and within the time specified for acceptance, reject any orallbids, or the bid for any one or more commodities or contracted services included in the proposed contact, when the public interest will be served thereby. 9. PRICES: (a) All prices bid shall be firm and not subjectto increase ifaccepted during the acceptance period. Bids containing an "escalation clause" will not be considered unless specifically authorized by the Government 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) All prices shall be F.O.B. (Free On Board) destination. The seller hereunder must at his own expense and risk, transport the goods to the named place and there, tender delivery. Initial (© P1IBA-SC-24-74 Approved 8-22-73 Comm. of Prop. Proc Rev. 3-18-08 GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES DEPARTMENT OF PROPERTY AND PROCUREMENT PROCUREMENT DIVISION ITEM NO. QUANTITY (NO. OF UNITS) UNIT UNIT PRICE AMOUNT Contracting Officer BY __________________________________________________ AWARD ACCEPTED AS TO ITEMS NUMBERED GOVERNMENT OF THE VIRGIN ISLANDS DATE OF AWARD SUBMIT INVOICE FOR PAYMENT TO: SIGNATURE OF PERSON AUTHORIZED TO SIGN BID NAME & ADDRESS OF BIDDER (Street, City, State and Zip Code) (Type or Print) TYPE OR PRINT SIGNER'S NAME & TITLE BID DATE OF BID SCHEDULE SUPPLIES OR SERVICES AMOUNT INVITATION FOR BIDS DATE ISSUED INVITATION NO. NO. OF PAGES PAGE NO. INVITATION BID & AWARD SUPPLY CONTRACT ISSUED BY CONTRACT NO. ORDER NO. ADDRESS 3274 Esate Richmond Christiansted, VI 00820-4241 Department of Property & Procurement June 26, 2020 IFB037DOFC20 (S) 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 ___, IS NOT___, A SMALL BUSINESS CONCERN. IF BIDDER IS A SMALL BUSINESS CONCERN AND IS NOT THE MANUFACTURER OF THE SUPPLIES BID UPON, HE ALSO REPRESENTS THAT ALL SUPPLIES TO BE FURNISHED HEREUNDER WILL ___, WILL NOT ___, 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 HE HAS ___, HAS NOT ___, 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 IS 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. Sealed bids in quintuplicate (1 Original and 4 Copies), 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 Thursday, July 23, 2020 and publicly open thereafter for furnishing the supplies or services for delivery f.o.b. ST. CROIX, VIRGIN ISLANDS. General information and instructions to Bidders are contained in the terms and conditions on the reverse hereof. 2314 Kronprindsens Gade Charlotte Amalie, Virgin Islands 00802 Janitorial Services for the Department of Finance, St. Croix, Virgin Islands 1 Old Hospital Ground Investments, DBA Carpet Masters 2001 Old Hospital Grounds, Christiansted, VI 00820 EIN: 66-0608285 Bernard Cuffy, President 7/23/2020 Verified by PDFFiller 07/21/2020