GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES Aoproved @2e78. DEPARTMENT OF PROPERTY AND PROCUREMENT Comm. of Prop: Proc’ PROCUREMENT DIVISION Rev. 3-18-08 _ INVITATION BID & AWARD CORTRACTR. PASM. SUPPLY CONTRACT SABER NO. 1 en NO, OF PAGES {ISSUED BY Department of Property & Procurément ADDRESS ” 8201 Sub Base; 3rd.Floor St. Thomas, V! 00802 ~ INVITATION FOR BIDS DATE ISSUED April9, 2019 [RATION NO |FB027DOET19 (S) Sealed bids in quintuplicate {1 Original and 4 Copies), subject to (1) The Terms and Conditions. of the Invitation for Bids,- (2) Genera! 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 Monday, May 73, 2019.and publicly open thereafter for furnishing the supplies or-services for. delivery f.0.b. ST. CROIX, VIRGIN ISLANDS, Genéral information-and instructions to Bidders are contained inthe terms and.conditions on the reverse hereof. SCHEDULE ITEM NO, {8O..OF UNTS) ‘SUPPLIES OR SERVICES QUANTITY. UNIT UNIT. PRICE AMOUNT Purchase of Technology: Equipment and Supplies for the Department of Education in-the St. Thomas/St. John District. BID ——> [pate oF sip IN-COMPLIANCE WITH THE ABOVE THE UNDERSIGNED OFFERS.AND AGREES, IF THIS BID BE ACCEPTEO WITHIN _—s DAYS..(30 calendar days unless @ different period is inserted by the Bidder} FROM THE DATE OF OPENING TO FURNISH ANY OR. ALL OF THE (TEMS UPON WHIGH 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) THATHE IS, 1S NOT___,A SMALL 8USINESS.CONCERN. IF._BIDDER |S 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, WILL NOT __, BE” MANUFACTURED OR PRODUCED BY A SMALL BUSINESS CONCERN IN- THE UNITED STATES, ITS TERRITORIES, {TS P POSSESSIONS, OR THE COMMONWEALTH OF PUERTO RIGO:: (2) THAT HE S 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 St SOLELY FOR THE BIODER) TO. SOLICIT OR SECURE THIS CONTRACT,.AND (8) THAT HEHAS_, 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 CONTRAGT; 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 FID 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 ATLEAST FIFTY-ONE PERCENT (51%) OF THE LEGAL GR 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 {TS PRINCIPAL PLACE OF BUSINESS IN THE VIRGIN ISLANDS AND OWNS, OPERATES, OR MAINTAINS A STORE, WAREHOUSE, OR OTHER.PLAGE 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 OESCRIBED BY THE SPECIFICATIONS AND REQUIRED UNDER THIS GONTRACT. NAME & ADDRESS OF BIDDER (Street, Cily, Stale and Zip Code) SIGNATURE OF PERSON AUTHORIZED TO SIGN.BID (Type or Print) ae a TYPE OR PRINT SIGNER'S NAME: TITLE — SS RR ACCEPTED AS TO ITEMS:‘NUMBERED - AMOUNT GOVERNMENT.OF THE VIRGIN ISLANDS SUBMIT INVOICE FOR PAYMENT TO: 1834 Kongefs Gade ay St. Thomas, VI 00802 , Contracting Officer Standard Form 86 CONTINUATION SHEET Contract, Order, or Invitation No November 1949 Edition (As Applicable) Page No. General Sétvicas Administration (Supply Contract) 36-104, Rev. 3-18-08. Fad, Proc. Reg. (41:OFR) 4-16.107 IFB027DOET19 (8). ITEM NO. SUPPLIES OR SERVICES AMOUNT . Technology Equipment and Supplies Department of Education 1834 Kongens Gade St.Thomas, VI 00802. Scope of Work See Attached. Vendor must be registered on www.SAM.gov Name of Bidder: IFB027DOET19.(S) Btandard Foren 08 CONTINUATION SHEET Contract, Order, or Invitation No. Page No. javember 1949-Edition i (As Applicable) Generai Services:Adminlstration (Su p ply Contract) Fed, Proc, Reg, (41 OFR} 1-16.107 ’ ; — — 36-104. Rev. 3-18-08. iFB027DOET19 {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 [NFORMATION 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 [S REQUIRED. PROSPECTIVE BIDDERS SHALL FURNISH THE FOLLOWING DOCUMENTS WITH THEIR SUBMITTAL. FAILURE TO COMPLY WITH ALL THE REQUIREMENTS AS OUTLINED, WILL. DISQUALIFY THE BIDDER: A. ORGANIZATION AND PERSONNEL B. LISTING OF PROJECT EXPERIENCE (2 minimum): INCLUDE A BRIEF DESCRIPTION. OF THE TYPE OF SERVICE DONE WITHIN THE LAST 2 YEARS €. PROJECT REFERENCES (2 minimum). D. CURRENT VIRGN ISLANDS BUSINESS LICENSE FOR SERVICES. BEING ADVERTISED E. CURRENT CERTIFICATE OF GOVERNMENT INSURANCE COVERAGE F. CERTIFICATE. OF GOOD STANDING (for Corporations) or CERTIFICATE OF EXISTENCE (for LLCs or. Partnerships) FROM THE VIRGIN ISLANDS OFFICE OF THE LIEUTENANT GOVERNOR DATED JULY 1, 2018 OR LATER G. CORPORATE RESOLUTION THAT AUTHORIZES THE INDIVIDUAL WHO SIGNED THE BID TO BIND THE COMPANY, NAME AND TITLE OF SIGNATORY IN RESOLUTION, MUST MATCH SIGNATORY ON THE BID, IF APPLICABLE H. ARTICLES OF INCORPORATION (for Corporations) OR ARTICLES OF ORGANIZATION (for LLCs) or OF QUALIFICATION (Limited Partnerships), IF APPLICABLE “IT SHALL. BE THE BIDDERS' RESPONSIBILITY TO DELIVER: BID TO THE DESIGNATED LOCATION PRIOR TO THE BID TIME SPECIFIED ON PAGE 1 OF THIS BID.” “AWARD WILL BE MADE TO THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER. UNDERBIDDING CAN DEEM YOUR BID NON-RESPONSIBLE.” Name of. Bidder: IFB027DOET19 (S) Standard Form 86 . CONTINUATION SHEET Contract, Order, or Invitation No. Page No. November 1949 Edition : {As Applicable) General Services Administration (Supply Contract) Fed.-Proc. Reg. (41 OFR).1-16:107 : - — - 36-104, Rey. 3-18-08 IFB027D0ET19 (S) ITEM NO. | SUPPLIES OR SERVICES AMOUNT CONTRACT PERIOD: The period of any contract entered into under this Invitation for Bid shall be for a period of one (1) year. OPTION TO RENEW: The -service of this contract may be extended for an additional term subject to the availability of funds. SUPPLEMENTARY PROVISIONS: The application of all materials will be in such a’ manner so as not to cause harm to humans, foodstuff or equipment within the building and/or property. The Contractor shail ‘maintain on his own, Workmen's Compensation Insurance, Comprehensive. General Liability Insurance against bodily injury with limits of $100,000.00 and against property. damage with limits of $100,000-00; the cost of which shall be borne by the Contractor:and maintained fully during the term 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, The Contractor shall be: liable for loss or damages to property or persons, however, in no case shall such negligence be presumed or inferred. The Gontractor 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: Aithough 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 the 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 (Vv) 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 4 of this bid. All bidders. not complying with the procedures set forth herein and in accordance with Title 31 V. I. C: § 236 a, will not.bé considered eligible as Preferred Bidders for this. Invitation for Bids. Name of Bidder: IFB027DOET19 (S) Standard Form 86 CONTINUATION SHEET. Contract, Order, or Invitation No. Page: No. November 1949 Edition . ; ; {As Applicable) - - General Services Adininistration (Su pply Contract} Fed. Prac. Rag. (41-OFR) 1-18.107 ‘ — ——— 36-104, Rev. 3-18-08. . IFBO027DOET19 (S} ITEM NO, | SUPPLIES OR SERVICES AMOUNT 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 Gentum in the bidding enterprise, and if the bidder is a Corporation, thé Names and Addresses of all its Officers and Directors. NAME ADDRESS/EMAIL TITLE Mama af Rirdor: IFB027DOET19 (S) Standard Form 86° CONTINUATION SHEET Contract, Order, or invitation No: Page No: November 1249 Edition : {As Applicable} General-Services. Administration (Su pply Cont ract) Fed, Proc. Reg. (44 OFR) 1-16. 107 . . ° 36-104, . Rev. 3-18-08 IFB027D0ET19 (S}- ITEM NO. | ‘SUPPLIES OR SERVICES ANOUNT Nas wi OTMIUCT. \FB027D0ET19 (S) Virgin Islands Department of Education Itemized Bid Sheet- Part II No. Item Description Specification Qty Unit Unit Cost Total Cost Interactive White Boards with Android Capabilities and Stands to include installation 1 and shipping. See Attachment A pi Each Laptops to include 3 year warranty (See attached Specifications) HP not allowed due 2 to domain issues. See Attachment A 60 Each 3 Laptop bags See Attachment A 60 Each HDMI To VGA Adapters (See attached 4 Specifications See Attachment A 70 Each 5 Wireless Mouse 20 Each All In One Desktops to Include with 3 year warranty (See attached Specifications) HP not 6 allowed due to domain issues. See Attachment A 40 Each 7 Display Port to DVI Dual Screen Cables 30 Each 8 Dual Monitor Stands 30 Each 9 Wireless Keyboards with mouse combo 15 Each Desktop Computers with 3 year warranty (See attached Specifications) HP not allowed due 10 to domain issues. See Attachment A 115 Each LED Monitors with warranty (See attached 11 Specifications) See Attachment A 160 Each 12 Heavy Duty Copy Machines See Attachment A 2 Each 13 Charging Carts See Attachment A 6 Each 14 Chromebooks with One (1) year warranty See Attachment A 165 Each 15 Ethernet Adapters 40 Each Subtotal Vendor's Signature Date Shipping and Handling Total cost Virgin Islands Department of Education Itemized Bid Sheet- Part I! Company Name / Mailing Address/ Telephane/ Email Address * All ttems must be delivered within 45 days upon issunce of an Executed Purchase Order. All Purchase order no fulfullfilled within 45 days will besubject to cancellations * Shipping and handling servcies shall inlcude brokerage and delivery directly to the Department of Education Procurement Warehouse in St. Thomas, U.S Virgin Islands * Vendors may state "No bid" if unable to provide.a particular line item * Prospective bidders must accept Government Purchase Orders ans prepayment in part or in whole is unallowable Office THE VIRGIN ISLANDS DEPARTMENT OF EDUCATION ATTACHMENT A Invitation For Bid Item Specification Listing Technology Integration for Student Success/Well Rounded Program and IDEA Copy Machines Color High-Volume Multifunction Printer 60 - 75 ppm print/copy output Dual Scanning that can handle up to 240 originals per minute Digital Display touchscreen Universal print drivers 250 GB HDD Web Browser with at least 4GB of memory ISO 15408 and IEEE 2600 Power saving design with quick recovery from sleep mode Multiple bypass tray and detachable paper feed trays Finishing options for booklet printing Staples of 100 Sheets Energy Efficient Mobile Printing 10-Base-T/100 Base-TX/1,000-Base-T Ethernet, USB 2.0 Network TCP/IP (ipv4/iPv6) SMB v2, LPD, IPP, SNMP, HTTP Printable paper size 11x17 full bleed 12x18 Scanning and copying up to 11x17 At least 4 tray options with 500 sheets or more in capacity Manual Bypass Copy Resolution of 600x600 dpi or greater Service Contract for six months Desktop Computers Specifications Operating System — Windows 8.1 or Enterprise — Windows 10 Pro or Enterprise Processor Type — Core iS Processor — Recommended Core i7 Processor Memory — 8GBRAM Hard Drive — 250 GB or bigger — Recommended 500 GB Graphic Card — 512 MB Video Memory or higher Optical Driver —. DVD Writer Input Device- — USB Keyboard - ‘USB Mouse Networking — Ethernet Warranty — 3 Years Parts and Labor Monitor Specifications — Native resolution of 1920 x 1080 — Minimum Size 20” Maximum 25” — Tilt adjustable stand — Power consumption (typical/max): 18watts/23' watts ~. TUV low blue light certification - ~ Direct access button for automatic image setup and brightness allows quick and easy monitor setup ~ Compliance with ENERGY STAR 7.0 requirements — Certified for Microsoft Windows.7/Windows. 1:0 Printer Specifications — Print Speed Black —28 ppm -— Print Speed Color - 28 ppm — Print Technology — Laser — Print Quality Black —.600x600 dpi — Print Quality Color — 600x600 dpi — Standard (built-in Gigabit Ethernet) — Hi-Speed USB-2.0 port . Interactive White Board Display . — Diagonal size ~65”-=70” -— Aspect Ratio— 16:9 - Resolution — 1920x1080 px @ 60Hz - Display Colors- 10 bits ~ Response time —:6ms — Glass Type — Heat Tempered- Anti Glare Connectivity ~ HDMI out -— USB Touch— x4. — VGA Audio in — Audio.Out — YPbPr - MicIn — Headphone. — USB 2.0 - USB3.0 - SD Card Audio ~ Speakers Interactivity ‘Continuous Touch points Max touch response time 1 8ms Touch accuracy — 1mm Compatibility — Windows 7-10 macOS Sierra 10.42.1 or later Chrome OS Android Capabilities 2 Year Warranty Installation Laptop Computers Specifications Operating System Windows 8.1 or Enterprise Windows 10.Pro.or Enterprise Processor. Type Core i5 Processor Recommended Core i7 Processor Memory 8GB RAM Hard Drive 250 GB or bigger Recommended. 500 GB: Graphic Card 512 MB Video Memory or higher Display LCD Backlight Technology LED Backlight | Resolution 1920 x 1080 (Full HD) Input Device USB Keyboard ‘USB Mouse Networking Ethernet. Wireless. Bluetooth Warranty ‘3 Years Parts and.Labor HDMI to VGA Adapter Cable Type Video cable.- thumbscrews Interface Supported HDMI / VGA Technology Shielded Shielding Material Foil with braid Length 6 ft Plated Connector Gold . Features Strain relief, EMI/RFI protection Connector]19 pin HDMI Type A - male — Connector (Second End)15 pin HD D-Sub (HD-15) - male -~ Compliant Standards Plug and.Play, RoHS — Manufacturer Warranty - Service & Support Limited warranty - 3 years: Laptop Bag Product Type Notebook. carrying case — Width15.6 in — Depth 2.5 in. — Height12.1 in — Weight:22.57.oz. — Notebook Compatibility15.6" ~ Notebook Compatibility Dimensions15 in x 10.6 in x 1.4 in — Additional Compartments Documents, pens (optional) ~ Features - Zippered . ~ Carrying Strap Shoulder carrying strap, trolley strap Desktop Scanner (similar to HP Scan Jet professional 3000) Scan Color: Color Capacity: 50 Sheets or More Optical.Resolution: 600 dpi (or better Scan Speed (35ppm or better) Chromebook CPU: 1.83GHz Intel Celeron N2940 processor (quad-core, 2MB cache, up to 2.25GHz) Graphics: Intel HD Graphics: RAM: 4GB DDR3 . Screen: 14-inch 1,920 x 1,080 display Storage: 16GB eMMC Ports: 1.x USB 3.0, 2 x USB 2.0, HDMI, MicroSD slot, headphone Jack Connectivity: Intel 802.1 lac, Bluetooth 4.0 Camera: HP TrueVision HD webcam Virgin Islands Department of Education Itemized Bid Sheet Part | No. Item Description Specification Qty Unit Unit Cost Total Cost Multifunction Colored printer (Similar 1 to HP MFP 477fdw) See Attachment A 10 Each Desktop Computer (Similar to Lenovo 2 Think Station p520c Workstation) See Attachment A 116 Each 3 Monitor See Attachment A 116 Each Laptop ( Similar to LenovoThinkpad 4 P1 Moble Worksation) See Attachment A 75 Each 5 Desktop Scanner See Attachment A 5 Each Subtotal Shipping and Handling Total cost Vendor's Signature Date Company Name / Mailing Address/ Telephone/ Email Address * All tems must be delivered within 45 days upon issuance of an Executed Purchase Order * Shipping and handling servcies shall inlcude brokerage and delivery directly to the Department of Education Procurement Warehouse in St. Thomas, U.S Virgin Islands * Vendors may respond " No Bid" if unable to provide a particular Line item E VIRGIN ISLANDS DEPARTMENT OF DUCATION Attachment A Item Specification Listing Desktop Computer Specification Minimum Requirement Operating System Windows 10 Pro or Enterprise 64 bit Network Port 10/100/1000 Processor Type Minimum: i5 Processor or i7 Processor Memory (RAM) Minimum: 16GB and up Hard drive Capacity Minimum: 500GB and up Graphic Card 512MB video or higher Warranty 3 Years Parts and Labor Networking: Ethernet Monitor Specifications — Native resolution of 1920 x 1080 — Minimum Size 20” Maximum 25” — Tilt adjustable stand — Power consumption (typical/max): 1 8watts/23 watts — TUV low blue light certification — Direct access button for automatic image setup and brightness allows quick and easy monitor setup — Compliance with ENERGY STAR 7.0 requirements — Certified for Microsoft Windows 7/Windows 10 Multifunction Colored Printer Specifications — Print Speed Black -28 ppm — Print Speed Color - 28 ppm — Print Technology — Laser — Print Quality Black — 600x600 dpi — Print Quality Color — 600x600 dpi — Standard (built-in Gigabit Ethernet) — Hi-Speed USB 2.0 port — Paper Capacity: 50 to 250 Sheets Laptop Computers Specifications Operating System — Windows 10 Pro or Enterprise Processor Type — Core i5 Processor — Recommended Core i7 Processor Memory — 16GB RAM. Hard Drive one 250 GB or-bigger — Recommended 500.GB Graphic Card - 512 MB Video Memory ot higher Display _ Minimum of 15” ~ LCD.Backlight Technology _ LED Backlight _ Resolution 1920 x 1080 (Full HD) Input Device — USB Keyboard - USB Mouse Networking — Ethernet. — ‘Wireless — Bluetooth Warranty _ 3 Years Parts. and Labor Desktop Scanner {similar to HP Scan Jet professional 3000) Scan Color: Color Capacity: 50 Sheets or More Optical Resolution: 600. dpi (or better Scan Speed (3Sppm or better) DPP-NCA-52-75 REVISED; 3-18-08 GOVERNMENT OF THE VIRGIN ISLANDS DEPARTMENT OF PROPERTY AND PROCUREMENT NON-COLLUSION AFFIDAVIT (1) He is [owner, partner, officer, representative, or agent] ee 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 bids. (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 thie 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....:....:...6, GAY OF ..ccccvecsgstscuncesesssssensqeasssteseeisesee Notary Public [VERSION:2/20/2019] INSTRUCTIONS FOR PROFESSIONAL SERVICES CONTRACT: 1. These instructions are not a part of the template, do NOT submit these Instructions to DPP. 2. All information in red font must be updated by the User Agency in completing the contract. The red font is meant to draw the user agency’s attention to the areas which require changes. Upon updating the required sections, please change the font color to black. DO NOT SUBMIT CONTRACTS TO DPP WITH RED FONT. 3. In instances where a word is in square brackets in red font, like this [User Agency] agencies must update the required information, delete the brackets and change the font to black. 4. In instances where two clauses are separated by the word “or” agencies are required to use the language that is applicable to the particular contract and to delete the irrelevant clause. As shown in the example below, do not use both clauses in the contract that is submitted to DPP. WHEREAS, the Government solicited the services under RFP No. : WHEREAS, 1 was selected in accordance with 31 V.I.C. § 239(a) (##) [insert appropriate exception being utilized]; Please only select the clause that is applicable to the particular contract. 5. In instances where text in red appear in parenthesis as shown below, this constitutes instructions in the template and these instructions or the entire clause should be deleted by the user agency based on the applicable circumstances. (Only insert renewal language in second sentence if the contract has an option to renew) 6. Insert RFP No. in the footer. If not applicable, delete RFP No. from footer. 7. Update all signatories’ names and titles, if applicable. g pp CONTRACT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made this day of ,20__, in the Territory of the Virgin Islands, by and between the Government of the Virgin Islands, Department of Property and Procurement, on behalf of the [User Agency] (hereinafter referred to as "Government") and | Insert Contractor/Company name as it appears on the business license] (hereinafter referred to as "Contractor"). WITNESSETH: WHEREAS, the Government is in need of the services of a Contractor to [Insert SUMMARY SCOPE OF SERVICES}, which duties and responsibilities are more particularly described in Addendum I (Scope of Work) attached hereto; and WHEREAS, the Government solicited the services under RFP No. ; and or WHEREAS, the Contractor was selected in accordance with 31 V.I.C. § 239(a) (##) [insert appropriate exception being utilized]; and WHEREAS, the Contractor represents that it is willing and capable of providing such services; and , NOW, THEREFORE, in consideration of the mutual covenants herein contained, and intending to be legally bound by this written instrument, the parties hereto do covenant and agree as follows: 1. SERVICES The Contractor will provide the services described in Addendum I (Scope of Services) attached hereto and made a part of this contract. 2. TERM This Contract shall commence upon the execution of this Contract by the Governor of the Virgin Islands and shall terminate [insert NUMBER OF DAYS or years in words and numerals] thereafter. The Government in its sole discretion, shall have the option to renew this Contract for a period of one (1) additional year subject to the same terms noted herein, by providing the Contractor with sixty (60) days written notice of the Government’s election to renew. (Only insert renewal language in second sentence if the contract has an option to renew) Or Upon execution of this Contract by the Governor of the Virgin Islands the Contract shall be effective for a Term beginning from February |, 2019 to January 31, 2020. The Government in 1 RFP No. Contractor’s Initials: Contract No. its sole discretion, shall have the option to renew this Contract for a period of one additional year subject to the same terms noted herein, by providing the Contractor with sixty (60) days written notice of the Government’s election to renew. (Only insert renewal language in second sentence if the contract has an option to renew) 3. COMPENSATION The Government, in consideration of the satisfactory performance of the services described in Addendum I (Scope of Work), agrees to pay Contractor the sum of {insert value of contract in words] [($insert value of contract in numerals)| in accordance with the provisions set forth in Addendum II (Compensation) attached hereto and made a part of this contract. 4. TRAVEL EXPENSES Inclusive of the compensation for services as specified in Paragraph 3 (Compensation) above, the Government agrees to pay documented transportation, subsistence, lodging and other travel expenses, while in travel status, for trips which have been authorized in writing, in advance, by the Government. These costs shall be advanced or reimbursed on the same basis as is applicable to non-contract employees of the Government, or as agreed to by an addendum to this Contract, however, said costs and expenses shall not exceed _N/A___ ($ N/A). 5. RECORDS The Contractor when applicable, will present documented precise records of time and/or money expended under this Contract. 6. PROFESSIONAL STANDARDS The Contractor agrees to maintain the professional standards applicable to its profession and to consultants doing business in the United States Virgin Islands. 7. DOCUMENTS, PRINTOUTS, ETC. All documents, books, records, instructional materials, programs, printouts and memoranda of every description derived therefrom and pertaining to this Contract shall become the property of the Government and shall be turned over to it at the termination of this Contract. The above described materials shall not be used by Contractor or by any other person or entity except upon the written permission of the Government. 8. LIABILITY OF OTHERS Nothing in this Contract shall be construed to impose any liability upon the Government to persons, firms, associations, or corporations engaged by Contractor as servants, agents, or independent contractors, or in any other capacity whatsoever, or make Government liable to any such persons, firms associations, or corporations for the acts, omissions, liabilities, obligations and 2 RFP No. Contractor’s Initials: Contract No. taxes of Contractor of whatsoever nature, including but not. limited to unemployment insurance and social security taxes for Contractor, its servants, agents or independent coritractors. 9. ASSIGNMENT The Contractor shall not subcontract or assign any part of the services: under this Contract without the prior written consent of the Government. 10. INDEMNIFICATION Contractor agrees to indemnify, defend and hold hatmiess Government from and against.any and all loss, damage, liability, claims, demands, detriments, cost, charges and expense (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. 11. INDEPENDENT CONTRACTOR The Contractor shall perform this Contract as. an independent contractor and nothing herein contained shall be construed to be inéonsistent.with this relationship ot status, 12. GOVERNING LAW This Contract shall be governed by the laws of the United States Virgin Islands and jurisdiction shall remain in the United States Virgin Islands, 13. WAIVERS AND AMENDMENTS No waiver, modification or amendment of any term condition or provision of this Contract shall be valid or of any force or effect unless made in writing, signed by the parties hereto or their duly authorized representatives, and specifying with particularity the nature and extent of such waiver, modification or amendment. Any such. waiver, modification or amendment in any instance or instances shall in no event be construed'to be a general waiver, modification or amendment of any of the terms, conditions or provisions of this Contract, but the same shall be strictly limited and restricted. to the extent and occasion specified in such signed writing or writings. 4. ENTIRE AGREEMENT This. agreement constitutes the entire agreement of the parties. relating to the subject matter addressed in this agreement. This agreement supersedes all prior communications, contracts, or agreements between the parties with respect-to the subject matter addressed in this Agreement, whether written or oral. RFP No. Contractor’s Initials: Contract No. 15. RIGHT TO WITHHOLD If work under this Contract is not performed in accordance with the terms hereof, Government will have the right to withhold out of any payment due to Contractor, such sums as 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. 16. CONDITION PRECEDENT This Contract shall be subject to the availability and appropriation of funds and to the approval of the Governor. 17. TERMINATION Either party will have the right to terminate this Contract with or without cause on | insert number of days in words] [(insert number of days in numerals)] days written notice to the other party specifying the date of termination. 18. PARTIAL TERMINATION The performance of work under this Contract may be terminated by the Government, in part, whenever the Government shall deem such termination advisable by providing |insert number of days in words] [(insert number of days in numerals)} days written notice to the Contractor. This partial termination shall be effected by delivering to the Contractor a Notice of Partial Termination specifying the extent to which the term and/or duties under this Contract are terminated and the date upon which such termination becomes effective. The Contractor shall be entitled to receive payment for services provided to the date of termination, including payment for the period of the [insert number of days in words] [(insert number of days in numerals)] day notice. 19. NON-DISCRIMINATION No person shall be excluded from participating in, be denied the proceeds of or be subject to discrimination in the performance of this Contract on account of race, creed, color, sex, religion, disability or national origin. RFP No. Contractor’s Initials: Contract No. 20. CONFLICT OF INTEREST (a) (b) Contractor covenants that it has no interest and will not acquire any interest direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. Contractor further covenants that it is: (1) nota territorial officer or employee (i.e., the Governor, Lieutenant Governor, member of the Legislature, or any other elected territorial official; or an officer or employee of the legislative, executive or judicial branch of the Government or any agency, board, commission or independent instrumentality of the Government, whether compensated on a salary, fee or contractual basis); or (2) a territorial officer or employee and, as such, has: (i) familiarized itself with the provisions of Title 3, Chapter 37 of the Virgin Islands Code, pertaining to conflicts of interest, including the penalties provision set forth in section 1108 thereof; (ii) | not made, negotiated or influenced this Contract, in its official capacity; (iii) no financial interest in the Contract as that term is defined in section 1101(1) of said Code chapter. 21. EFFECTIVE DATE The effective date of this Contract shall be the day of execution of the Contract by the Governor. 22. NOTICE Any notice required to be given by the Terms of this Contract shall be deemed to have been given when the same is sent by certified mail, postage prepaid or personally delivered, addressed to the parties as follows: RFP No. Contract No. GOVERNMENT Anthony D. Thomas Commissioner Nominee Department of Property and Procurement 8201 Sub Base, Suite 4 St. Thomas Virgin Islands 00802 [NAME & TITLE] [USER AGENCY] [AGENCY’S PHYSICAL ADDRESS] [AGENCY’S MAILING ADDRESS] [CITY. STATE. ZPP CODE] CONTRACTOR [NAME] [TITLE] 5 Contractor’s Initials: [NAME OF COMPANY] [PHYSICAL ADDRESS] [MAILING ADDRESS] [CITY, STATE, ZIP CODE] 23. LICENSURE The Contractor covenants that it has: (a) obtained all of the applicable licenses or permits, permanent, temporary or otherwise as required by Title 27 of the Virgin Islands Code; and (b) familiarized itself with the applicable provisions of Title 27 of the Virgin Islands Code pertaining to professions and occupations. 24. OTHER PROVISIONS Addenda I and II attached hereto are a part of this Contract and are incorporated herein by reference. (Please make sure all additional addenda are listed in this section that are made a part of this contract) 25. DEBARMENT CERTIFICATION By execution of this contract, the contractor certifies that it is eligible to receive contract awards 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. (Only insert if Contract involves federal funds) 26. FALSE CLAIMS Contractor warrants that it shall not, with respect to this Contract, make or present any claim upon or against the Government of the Virgin Islands, or any officer department, board, commission, or other agency thereof, knowing such claims to be false, fictitious or fraudulent. Contractor acknowledges that making such a false, fictitious or fraudulent claim is an offence under Virgin Islands law. 27. NOTICE OF FEDERAL FUNDING 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 6 RFP No. Contractor’s Initials: Contract No. such a false, fictitious, or fraudulent claim is a federal offence. (Only insert if Contract involves federal funds) 28. INSURANCE [if contract is being entered into pursuant to an RFP, utilize the insurance provisions from the RFP, if the contract is being entered into pursuant to an exception to the formal advertising process, use the language below] Contractor shall maintain the following insurance coverages during the term of this Contract (a) (b) (c) 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 million dollars ($1,000,000.00) for anyone per occurrence for death or personal injury and one million dollars ($1,000,000.00) 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. (insurance limits may be reduced by making a formal request to DPP, however, insurance limits cannot be less than the total compensation value of the contract). PROFESSIONAL LIABILITY: Professional liability insurance, in a form acceptable to the Government, which covers the services being performed under this Contract, with policy limits of not less than one million dollars ($1,000,000.00) per claim. The Government shall be listed thereon as a certificate holder. (Insurance limits may be reduced by making a formal request to DPP, however, insurance limits cannot be less than the total compensation value of the contract). WORKERS’ COMPENSATION: Contractor shall supply current coverage under the Government Insurance Fund or other form of coverage. IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and year first above written. WITNESSES: GOVERNMENT OF THE VIRGIN ISLANDS [NAME] [TITLE] Date [USER AGENCY] Anthony D. Thomas, Commissioner Nominee Date Department of Property and Procurement RFP No. Contract Contractor’s Initials: No. CONTRACTOR [NAME] [TITLE] [NAME OF COMPANY] Date (Corporate seal, if Contractor is a corporation) APPROVED: Date: Honorable Albert Bryan Jr. GOVERNOR OF THE VIRGIN ISLANDS APPROVED AS TO LEGAL SUFFICIENCY DEPARTMENT OF JUSTICE BY: Date PURCHASE ORDER NO. CERTIFICATE OF APPROVAL I hereby certify that this is a true and exact copy of Contract No. between the Department of Property and Procurement and entered into Anthony D. Thomas, Commissioner Nominee Department of Property and Procurement RFP No. Contract No. Contractor’s Initials: STANDARD FORM NO. DPP — TC-54-75 APPROVED 10-2-74 COMMISSIONEER OF DPP REYSIED 3-18-08 (a) TERMINATION OF CONTRACTS 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) stop work under the contract on the date and to the extent specified in the Notice of Termination; (ii) place no further orders or subcontracts for materials, services or facilities, except as may be necessary for completion of such portion of the work under the contract as 1s‘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, atthe times, and. to the extent _ directed by the Contracting Officer, all of the right, title, and interest of the Contractor under the orders.and subcoritracts so terminated, in which case the Government shall have the right, in its discretion, to settle or pay -any or all claims arising out of the termination of such orders and subcontracts; (v) settle all outstanding liabilities and all claims arising. out of such termination of orders and subcontracts, with the approval or ratification of the Contracting Officer, to the extent, he may require, which approval or ratification shall be final for all the purposes of this clause; (vi) transfer title ad deliver to the Government in the manner, at the times, and to the extent, if any, directed by the Contracting Officer (A) the fabricated or unfabricated parts, work in progress, completed work, supplies, and other material produced as a part of; or acquired in connection with the performance of, the work terminated by the Notice of Termination, and (B) STANDARD FORM NO, DPP —'TC-54-75: APPROVED 10-2-74 COMMISSIONEER OF.DPP REVSIED 3-18-08. (d) the completed or partially completed plans, drawings, information, and other property which,.if the contract had been completed, would have been required to be furnished to the Government. (vii) use. his best efforts to-sell, in the manner, at the times, to the extent, and at the price or prices directed or authorized by the Commissioner of Property and Procurement, any property: of the types referred to in (vi) above; provided, however, that, the:Contractor (A) shall not be required to extend credit to any purchaser, and (B) may acquire any such property under the conditions prescribed by and at the price or prices approved by the ‘Commissioner of Property and Procurement and provided further that the proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by the Government to the Contractor 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 10 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 (¢), the Contractor and the Commissioner of: Property and Procurement may agree upon the whole or any part of the amount or amourits 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 ~2- ‘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 io 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): @ (ii) for completed supplies, materials and equipment or services accepted by the Government (or sold or acquired’ as provided in paragraph. (b) (vit). 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 thé 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 amouni 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. STANDARD FORM NO P & P-GP-15-73 APPROVED? 3-26-73, COMM. OF PROP. & PROC. _ REVISED: 3-18-08 GENERAL. PROVISIONS (SUPPLY CONTRACT) i. 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 delivety. 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 coritract shail be modified if 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 decidés ‘thatthe facts justify such. action;. may: receive and act upon: any such claim asserted .at-any tite: prior to ‘final. payment under this contract. Where the cost:of property. made obsélete or excess as a result of a change is included in the Contractor's claim for adjustirient, the- Contractitig: Officer shall have the right to ‘prescribe the manner of disposition of such property. Failure to agree to any. adjustment shall be a dispute concerming a question of fact-within the meaning ‘of the clause of this contract entitled “Disputes.” However, nothing, in this clause shalt excuse the Contractor from proceeding with the contract a5 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. bythe 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) shal] be subject. to inspection. and test by the Government, to the extent practicable at all times and places including the period of manufacture ‘and in any event prior to acceptance. ‘(b) In case-any supplies or Jots.of supplies are defective. in material or workimanship 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 (ij) may by contract or otherwise replace or correct such ‘supplies and chargé ‘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 shal] 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 ot test. Alf inspections and tests by the Government shall be. performed in such a manner as not to unduly delay the work. The Government reserves the ‘ight to charge to the Contractor any additional cost of Government: inspection and test when supplies aré 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 shail be: made as promptly as. practicable after delivery, except as: otherwise provided in this contract; but faihure to inspect and accept or rejéct:-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 atiy 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.detivered 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 Goverment, 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 datnage to the supplies only if such loss, destruction or damage results from the gross negligence. of officers, agénts, 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 réndered 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 shail 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. conttact, 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 éntered into by means of formal advertising.) (a} Fhe Contractor agrées that the Government Comptroller of the U. S: Virgin Islands or ‘any of his duly authorized ‘representatives shall, until the éxpiration of three years after final payment under this contract, ‘have access to.and the. right to examine any ditectly pertinent books, documents, papers,. aiid records. of the Contractor involving transactions related.to this contract. {b) The Contractor “furttier agrees to inélude 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 shali, until the expiration of three years after final payment urider 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 APPROVED: 3-26-73 COMM. OF PROP. & PROC, STANBARD FORM NO..P.& P-GP-15273- such failure within a period of 10 days.(or such: longer périod 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 procuré, upon such terms and in such manner as. the Contracting Officer may deem appropriate, sup-pii¢s. or services similar to those so terminated, and the Con-tractor shall ‘be lidble 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 imnder the provisions of this clause.. (¢) Except with respect to defaults: of subcontractors, the Contractor shall not be liable ‘for any excess costs if the failure to perform the.contract arisés out of causes beyond the-contral 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 i is. caused by the default ofa 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 i 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 -3- necessary to protect the Government against loss because of outstanding liens.or claims of former lien holders. (e) [f, after notice of termination of this contract:under the provisiofis 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 partiés shall, if the contract. contains a clause providing for termination for convenience of the Government, be the’ same as if the iidtice of termination had been igsued pursuant to such clause. [f, after notice of termination of this contract under the’ provisions of this clausé, it.is determined for any Treason 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 convenierice of the Governnient, 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 fa) Except as otherwise provided in this contract, any dispute concéming.a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Contracting Officer, who shal] reduce his decision to writing and mai] 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 daté of receipt of such copy, tle Contractor mails or otherwise furnishes to the Contracting Officer a written appeal addressed to the Attorney General. The decision of the Attornéy Genera! or his ‘duly authorized representative sliall he final and conclusive: unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly érroneous 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 Jaw questions in connection with decisions provided for in paragraph (a) above:+ Provided, That nothing in this contract. shall be construed a£ 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 shal] be applicable only if the amount.of this contract exceeds. $10,000. STANDARD. FORM NOE & PGP-15-73 APPROVED: 3-26-73 ~ COMM. OF PROP. & PROC, (a) The Contractor shall report to the Contracting Officer, promptly and in reasonable written detail, each notice or claim of patent or copyright infringement based on the performance of this contract of which the Contractor:-has knowledge.. (b) In the event of'any claim or suit against the Government on account of any alleged patent or copyright infringement arising out of the performance of this contract or out of the usé of any stipplies furnished or work or services. performed here- under, the Contractor shall furnish to the. Government wheir requested by the Contracting Officer, all evidence ‘and in- formation in possession of the Contractor pertaining to’such suit ‘or claim, Such évidence. and information. shall be fumished at the expense of the Government except where’ the Contractor has agreed to indemnify the Government. 14, BUY AMERICAN ACT (a) In acquiring end products, the Buy American Act (41 US. Code 10a 1d) provides that the Government give preference to domestic source end products. For the purpose of this clause: (i) "components" means those articles, materials, and sup- plies, which are directly incorporated in the end products; (ii) “end products" means those: articles, materials, and supplies, which are to be acquired under this contract for. public use; and (iii) "a domestic source end product” means (A) an un- manufactured ‘end product which has been mined or produced in the United States and (B) an end product manufactured in’ the United States if the cost of the components thereof which are mined, produced, or manufactured in the United States. exceeds 50 percent of the cost of all its components. For the purposes of this (a) (iii) (B), components of foreign origin of the same type or kind as the products referred to in (b) (ii) or Gii) of this clause shall be treated as components: mined, produced, or manufacturedin the United States, (b) The Contractor agrees that there will be delivered under this contract only domestic source end products, except end products; (i) which are for use outside the United States; (ii) which the Government determines are not mined, produced, or manufactured in the United States i insufficient and reasonably available commercial quantities and of a satisfactory “quality; (iii) as to which the Secretary determines the domestic preference to be inconsistent. with the public interest; or (i) which are for use’ outside the United States; {ii} which the Government determines are not. mined, produced, or manufactured in the United States in sufficient-and reasonably available commercial quantities and of.a satisfactory quality; (iii) as to which the Secretary determines the domestic preference to be inconsistent with the public interest; or (iv) as to which the Secretary. determines. the: cost to the Government to be unreasonable.. (The foregoing requirements ‘are administered in accordance: with. Executive. Order No. 10582, dated Decembér 17, 1954.) 15, CONVICT LABOR In connection with the performance of. work under this contract, the Contractor: agrees not to employ any person undergoing sentence of i imprisonment at hard labor. 16, OFFICIALS NOT TO BENEFIT No member of the Legislature, or Delegate to the United States Congress, or official or employee of the ‘Executive Branch of - the Government of the Virgin Islands, shall be admitted to any share or part of this contract, or to any benefit that may arise ‘therefrom, but this provision shall not be construed to extend. to this contract if made with a corporation for its general benefit. 17, COVENANT AGAINST CONTIGENT FEES: “Thé Contractor‘warrants that no person or selling agency has been employed or retained to. solicit or sécure-this contract upon an agreement or understanding fora commission, percentage, brokerage, or contingent fee, excéptirig bona fide employees or bona fide established conimércial or selling, agencies maintained by the Coritractor for the ‘purpose of securing business. For breach or violation .of this warranty the Government shail have the right to annul this contract without fiability or in its discretion to deduct from the contract price or consideration, or otherwise recover,. the fiill -amount of stich commission, percentage, brokerage, or contingent feé. 18. SAFETY The Contractor shal] maintain'an adequaté safety program to insure the: safety of contractor employees, subcontractor employees, and. alt other individuals. working under this contract. The Virgin Islands Occupational Safety and Health Act (OSHA) provides: for safety and health protection for employees on the job. The contractor is required to. comply with the OSHA standards. In addition, the contractor must also provide the GVI with a written safety program that he intends.to follow in pursuing work under this contract, No work under this contract. will be.-permitted: until the GVI is - assured that -the contractor has‘an adequate safety program in effect. TERMS AND CONDITIONS OF THE INVITATION FOR.BIDS 4. PREPARATION OF BIDS: a) Bidders are. expected to examine the drawings, specifications, invitations, and all instructions. Fallure-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 will be rejected. Bids containing alterations. or erasures will be: rejected, unless the altetation 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‘staterient must be-fumishéd with the ‘bid, signed by the-bidder explaining the correction of the alteration: or erasure. (¢) if the bidder is. a parinership, a letter of authorization shall be: furnished-and:signed by all of the general partners. If the:bidder is a proprietor, 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 retaini all such proof on file-for acceptance of future bids, if requested to do so. (d) The bidder rust sign his proposal correctly and’ in ink. {f thé proposal is offered by ari 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-considefed unless authorized by: the invitation. Alternate bids -are those offered which do not meet the specification and are. not considered approved equal to the Hem ‘specified. -(f)} When not otherwise specified, the bidder must state .a definite time of proposed delivery. (g) Time, if stated as a nuniber of days wilt include Sundays and holidays. 2. SUBMISSION OF BIDS: (a) Bids and modifications theréof shall .bé: enclosed in sealed envelopes addressed to the issuing office, with the name and address ‘ofthe. 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 of bids. To be considered for award, a bid must comply in all material respects with the invitation for bids so that, both as to. the methad and timeliness’ of submission, and as fo the substance of any resulting contract, all bidders may: stand on an equal footing and the integrity of the formal advertising system may be maintained. (b) Telegraphic bids shall not’ be considered unless permitted by the Invitation for Bids, Where telegraphic tlds are authorized; a telegraphic bid received by telephone from the receiving telegraph office not later than the time set for. opening of bids, shall be considered if such bid is confirmed in writing by the’ telegraph company. and by sending a ‘copy :of the telegram’ which forms the basis for the ‘telephone call. (c) Bids may be modified by telegraphic notice provided such notice is received prior to the time set for the opening of the bids. (d) (SUPPLY CONTRACTS) 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 retumed ‘at bidders! request and expense unless otherwise specified: by the Invitation, (e) In the event.no bid is to be submitted, Bidders are advised notto return the Invitation uniéss 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: Faiture 10 so advise the-[ssuing Office may be interpreted against the bidder: 3, WITHDRAWAL OF BIDS: Bids may be. withdrawn only by written or telegraphic notice provided that.such notice is received priorto the:time set for opening of the bid, 4. LATE BIDS: (a) Bids received at the Office of the Contracting Officer after the precise. time set in-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 tie envelope has been obtained, or by telegraph if - authorized, and itis determined that the lateness was due solely to a:delay:in the mails or to a delay by-the telegraph. company for which the bidder was not responsible; of {ii) If submitted by ‘mail. or by telegram where authorized-it was réceived at the Office ‘of the Contracting Officer in sufficient time to be opened as required in the Invitation: but except for delay due io mishandling of the part. of the Government. The only evidence acceptabte to €stablish -timsly: receipt at the Office of. the Contracting Officer is that which can. be establistied upon examination of an appropriate time stamp or a written statement from av official of the U. S. Postal Service. (c) Hand-Carried Bids: A late hand-carried ‘bid, or any other late bid not submitted by malt or telegram, shall not be considered for award. (d) Registered ‘Mail: Thé timé.of mailing ‘of a jate 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. deemed to be the last minufe of the date. shown in such postmark unless the bidder furnishes 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 maitéd too late unless the bidder furnishes eviderice. 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 Raceipt for Certified Mall was obtained, shall be deemed to be the.last minute: of the date shown on the postmark’on such recéipt where: i) ‘the Receipt for Certified Mail identifies the post office station of mailing and the bidder furnishes -eviderice from such station that the business day of that station .ended at an-earlier time, in which case the time of mailing shalt be deemed to be last minute of the ‘business: day of that station;’ or {il) an entry in ink on the Receipt of Cerlified Mail, showing the time of mailing and the initials of the postal employee receiving. thé 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. If-the postmark: does not show a date,-the bid shall be deemed to have-been mailed too late. {f). Metered Mail: Bids-or modifications thereof transmitted in a metered envelope received after the time'set for opening will be deemed 'to:have been mailed on the last minute. of the day indicated by the metered stamp unless in Such, event a bidder is able to submit clear -and convincing proof as to the-actual or-approximate time of mailing. “5 IDENTIFICATION OF- OFFER: Bidders shall show brand. name, catalog number, model and so-forth as applicable: on bid form covering the product’ they are bidding off and propose: to furnish, If not,.shown, it-will be considered and ‘imnderstood to:be that the make and model, shown in 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. Bids offering discounts for payment within -periods in excess of twenty (20} ‘days will be evaluated for the purpose of awafd, (b) In connection with discounts offered; time will be. completed from date of acceptance.of the supplies by the Government. Provided, however, that the Government is not unreasonably nor unduly negligent ‘In'accepting shipmerit. 7, AWARD OF CONTRACT: {a) Unless all bids are. rejected, award will be made by written notice, within the fime specified for acceptance, to that responsible bidder whose bid, conforming to the Invitation for Bids, offers: the most advantageous service to the Government, quality offered, delivery terms and service reputation taken into.considération, (b) The Government may award items.separately or by grouping items in total lots: (c} The Government may, dufing the term’ of any ‘contract: entered Into; increase: or decrease the quantities but no such increase or decrease will exceed twenty-five (25%) per cent of the: quantity bid upon. 8, REJECTION OF BIDS: The. Government may, &fter opening but prior to award:and within. the time specified for acceptance, reject any or all bids; 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) Al prices _ bid. shall be firm and not subject to.j increase if accepted 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 ifeni-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.0.B. (Free On: Board) destination: The seller hereunder must at his own expense and fisk, transport the goods to the named place and there tender delivery: