7 | GOVERNMENT OF THE VIRGIN ISLANDS .OF THE UNITED STATES pomoved oon DEPARTMENT OF PROPERTY AND PROCUREMENT Comm. of Prop. Proe. PROCUREMENT DIVISION Rey, 3-18-08. INVITATION BID & AWARD CONTRACENS. SUPPLY CONTRACT [ORDER NO, [issUeD By ADDRESS. . Department of Property & Procurement: 3274 Estate Richmond, Christiansted INVITATION FOR BIDS pave rsse®® November 42,.2018 — RMTATON ““ IFB003D0EC19(S} Sealed bids in quintutlicate (5 Sets), subject to (1) the Terms and Conditions: of the Invitation for Bids, (2) General Provisions which are incorporated herein. by reference, and (3) such other contract provisions and specifications as are attached or incorporated by reference will be received at the. above office uritil 40:000'clock AM, Atlantic. Standard Time, not later than (date) November 27; :2018.and at that time publicly opened.. for furnishing the supplies or services for defivery f.0.b. ST. CROIX, VI ‘General information-and instructions to Bidders are contained in the terms and conditions.on.the reverse hereof. nn ee | SCHEDULE ITEM:NO. SUPPLIES OR SERVICES aro er veeriy UNIT UNIT PRICE AMOUNT Price and Detivery of Bread/Bakery Products ‘to the Virgin Islands Department of Education in the St. Croix District. BID ——}> [DATE oF Bid (N COMPLIANCE WITH THE ABOVE THE UNDERSIGNED OFFERS AND AGREES, IF THIS BID BE ACCEPTED WITHIN DAYS (20 calendar days- uniess 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) CO (1) THAT HE 1S __, 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, WILLNOT__, BE MANUFACTURED OR PRODUCED. BY A SMALL BUSINESS CONCERN IN THE UNITED STATES, ITS TERRITORIES, ITS POSSESSIONS, OR THE eC Tt—“‘CSs*OCOCOCSYSC‘(C(“(SNNC OULD CCC COMMONWEALTH OF PUERTO RICO, a (2) THAT HE IS A REGULAR DEALER'IN_, MANUFACTURER OF __; THE SUPPLIESBID.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 __, PAIDOR 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: (S) PREFERRED BIDDER: ___A-BONA FIDE CONTINUOUS RESIDENT OF THE VIRGIN ISLANDS FOR AT LEAST FIGHT (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.1TS PRINCIPAL PLACE OF BUSINESS IN THE VIRGIN ISLANDS AND OWNS, OPERATES, OR MAINTAINS A STORE, WAREHOUSE; OR.OTHER PLACE OF BUSINESS IN THE VIRGIN ISLANDS OR __ THE DULY AUTHORIZED AGENT, DEALER, DISTRIBUTOR OR REPRESENTATIVE IN THE VIRGIN ISLANDS FOR THE MATERIALS, SUPPLIES, ARTICLES, OR EQUIPMENT OF THE GENERAL CHARACTER: DESCRIBED BY THE SPECIFICATIONS AND REQUIRED UNDER THIS CONTRACT. NAME & ADBRESS OF BIDDER (Street. Cily, State and ZipCode} SIGNATURE OF PERSON AUTHORIZED TO SIGN BID (Type or Print) —> . TYPE OR PRINT SIGNER'S NAME & TITLE 7 1\-|; a ss: 7 | ACCEPTED AS TO.ITEMS NUMBERED AMOUNT GOVERNMENT -OF THE VIRGIN ISLANDS [SUBMIT INVOICE FOR PAYMENT TO: Government of the United States Virgin Islands BY oe St. Croix, U.SV.I. " Contracting Officer TERMS AND CONDITIONS OF THE INVITATION FOR BIDS 41, PREPARATION OF BIDS: {a} Bidders are expected to examine the. drawings, specifications, invitations, and ali instructions. Failure to do so will be at the bidders tisk. {b)-Bids must be. in ink :or printed of the bid forms ‘fumished herewith; Bids submitted in pencil will be rejected. Bids containing alerations or erasures will be rejected, unless: the alteration oF erasure is crossed out and. carrection ‘thereof printed in ink or: typewritten adjacent. thereto and: initialed by ihe person. signing the: bid. ‘addition, a statemefit must be furnished with the bd signed by the bidder explaining the.comection of the -alleration or erasure. (c) If the bidder is a partnership, a letter -of authorization. shall be furnished and signed by all of the general pariners. If the bidder is:a propriator, and the person signing the. bid is other ‘than the owner, a letter-of authorization signed by the. owner’: stiall be furnished, ‘The Contracting Officer will retain ail such: proof on file for ‘acceptance of future bids, if requested: to do so. (d} The bidder must sign His. proposal ‘correctly and in. ink. If ihe proposal is offered by an individual or- Partnership, his name, office and post. office. if offered by: -a. ‘addresses must be shown. 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 signalure is binding upon the firm or corporation. {e) Allemate: bids will not be-considered untess 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 nol othenvise-specified, the bidder must state a. definite. lime.of proposed delivery. (g) Time, if-slaled-as a number of days will include Sundays, and holidays, 2, SUBMISSION.OF BIDS: {a) Bids and modifications thereof shall be enclosed in sealed envelopes addressed to the. i issuing office, with thé name and address of the. bidder, the date and hour of openirig, and the: invitalion number on the face of the envelope. Bids shall be submitted so ‘ds to be received in the. Office of the Contracting: Officer: not later than the exact time set for. opering. of bids. To be considered for award; a bid must comply in ail material respects with the. invitation for bids so that, both as to the method and timeliness: of submission, and as to the substance:of any resulting contract, all bidders may -stand on: an equal footing and the integrity of the formal advertising system may be maintained. (b}’ Telegraphic bids shal) not: be considered untess petmitted by the Invitation for Bids. Where telegraphic bids are authorized, a telegraphic bid recaived by’ telephone from the receiving telegraph office:not later than the time set for: “opening of bids, shail be considered if such bid is confirmed in writing bythe 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 prio 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 returied at bidders’ request and expense unless. otherwise specified by the Invitation, {e) In the event no bid is'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 Inivifations 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 willidrawn 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 Invilation-for Bids-are late ‘bids, (b) A late bid shall be considered for- award. ‘only. if it is received before award; and either; (It was-sent by mail including registered or certified for which ‘an official dated post office stamp {Postmark} on the envelope has been abtained, or by telegraph if: authorized, and-itis determined that the latenéss.was die solely. toa delay i in the mails-or to a delay by the felegraph. company: for which the bidder was: not’ responsible; or (i) if submitted by. mail. or by telegram where. authorized-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 af the Office of ‘the Contracting Officer. is that which can-be. established upon examination of an appropriate time stamp-or a writtenstatement from an official of the-U. S, Postal. Service, {c) Hand-Carsied Bids: A late hand-carried bid, or any other late bid’ not submitted by mail or telegram, -shali nol be considered for award. (d} Registered Mail: The time of mailing of @ late bid, maited by registered mail, may be determined by the date of the postmark on the registered mail receipt or fegistered ‘mail wrapper. The tine of mailing shall be ‘deemed fo be.the last.minute of the date. shown in such postmark unless the bidder furnisties evidence from the posi office station of mailing. which establishes. an earlier fime. If the. postmark does nal - show a dale, ihe bid shall be deemed to. have Been “mailed too tate 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 -@ postmarked Receipt for Ceriified Mail was obtained, shall be deemed’ to. be the last minute of tiie. data “shown on. the postmark on such receipt.where:. (i) the Receipt for Certified Mall ideritifiés the: post office station of mailing and the bidder furnishes evidence from. such’ station that the business day of that station ended at an earler time, in which case ‘the time of _mailing shall be deemed to be ‘last minute of the business day of that station; or (ii) an entry in ink-on ‘CASH DISCOUNT PROVISIONS: the Receipt of Certified Mail, stiowing the time of mailing ard the initials . of ‘the. postal employee recelving 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 lime shown in-the entry. if the. postmark ‘does not stow a date, the bid'shall be deemed to ‘have.been mailed toc fate, {f) Metered Mail: Bids or ‘modifications thereof transmitted in a metered “envelope received: after the time set for ‘opening will ‘be deemed te have been mailed on the last. minute of ‘the day indicated by the. metered stamp unless in ‘such event a bidder is able fo 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 forlh as applicable on bid form covering the product they ate bidding on and propose to- furnish. If not. shown, ‘it will be considered and understood: fo be that-the make.and model, shown in the Schedule, as. a. reference, will be’ supplied. 6. (a) Discounts. offered for a period of less than 20 days will not be considered in making award. Bids. offering discounts. for payment withitt periods in. excess of: twenty’ {20) days will be évaluated. for the purpose of awaid. (d): in connection with discounts offered, tiie will be complated froiti date of acceptance of the supplies by the Government. Provided, however, that the Government is not unreasonably nor unduly negligent in accepling-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 did, conforming to the Invilation for Bids, offers the most advantageous service. to the Govemment, quality” offered; delivery terms and service reputation taken into consideration, (b} The Government may award items separately or by grouping items in total lois, (c) The Government may, during. the: term of any contract entered jitito, increase or decrease the quantities but no. such increase. or decréase will exceed twenty-five (25%) per cent of the quantity bid upon. 8 REJECTION OF BIDS: The Government may, after 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) All. ptices bid shall be firm and not subject io increase if accepted during the acceptarice 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 shail be F.0.B. (Free On. Board) destination. The. seller hereunder must at his own expense and risk, transport the. goods’ to the narfied place and there-tender delivery. (CONTINUATION SHEET) Israncerd Form 86 November 1949 Edition General Services Administration Fed. Proc. Reg. (41 OFR) 1-16.107 36-104. Rev. 3-18-08 CONTINUATION SHEET Contract, Order, or Invitation No. (As Applicable) SUPPLY CONTRACT 2018-2019 ltem No. Description of Item QTY UNIT UNIT PRICE} AMOUNT Nutrient Analysis Content: Please submit the nutrient analysis/nutritional facts for all commodities that your company has been awarded. This information is needed to operate within the Federal guidelines. All food items must meet USDA guidelines for reduction in sodium and saturated fats. Food items must be whole grain/whole wheat and meet caloric intake. BREAD/BAKERY PRODUCTS- STX j— Bread, Fresh, 100% Whole Wheat, Sliced, 1 1/2lb Loaf. Minimum 16 slices per loaf. Must contain 2 grams fiber per serving. 12pkgs/case Similar or approved equal to: Bakecrafts, Flowers, Holsum Brand Name: 40,000 PKGS. $ Ino Hamburger Buns, Whole Wheat, Pre-Cut, 40z-8 buns per pack. Must provide 2 bread/grain equivalent. Must contain a minimum of 4 grams fiber. Weight should be 50g per serving. 12pkgs/case Similar or approved equal to: Bakecrafts, Flowers, Holsum Brand Name: 45,000 PKGS. $ loo Tortilla Wraps, whole Grain; Frozen,fort wrap sandwiches 12" Flavored, must have at least 3 flavors to include Whole Grain. Similar or approved equal to: Mission, Holsum Brand Name: 500 Cs. | English Muffins; Whole grai, 72 Ct. Must contain a minimum of 3 grams dietary fiber, each muffin must be 2.0 to 2.3 ox of sliced or fork split. Must meet 2 bread/grain equivalent. Similar or approved equal to: Muffin Town Name: Brand 500 Cs. Ion Biscuits; Heat 7 Serve, Fully cooked, split 72 Ct., Must contain buttermilk and ultra grain or whole grain flour must provide 2 grain/bread credits. Must contain a minimum 3 grams fiber and zero trans fats. Similar or approved equal to: Pierre 102911, Moms Brand Name: 750 Cs SHIPPING AND DELIVERY REQUIREMENTS Shipping/handling costs, fees must be figured into price. Delivery must be made to the made to the District School Lunch Warehouse Name of Bidder: {CONTINUATION SHEET) lenders cov 88 Contract, Order, or Invitation No. Page. November 1949 Edition CONTINUATION SHEET (As: Applicable) ‘Generat Services. Administration . <7 : reap a nop a en sie 107 SUPPLY CONTRACT 2018-2019 36-104. Rev..3-18-08 Item No. Description of Item QTY | UNIT JUNITPRICE] AMOUNT NOTICE TO BIDDERS ALL INDIVIDUALS, FIRMS, PARTNERSHIPS, CORPORATIONS AND/OR JOINT VENTURES DOING BUSINESS WITH THE GOVERNMENT OF THE VIRGIN ISLANDS. SHALL SUBMIT INFORMATION IN WRITING, OF THE PHYSICAL LOCATION OF THEIR PRINCIPAL.PLACE OF BUSINESS. A POST OFFICE BOX MIALING ADDRESS ONLY WILL NOT SUFFICE. BIDDERS MUST INSERT THEIR E.J:N.-EMPLOYER'S. IDENTIFICATION NUMBER ON PAGE 1 IN THE SECTION WHERE THE COMPANY’S NAME AND ADDRESS IS REQUIRED. PROSPECTIVE BIDDERS WILL BE REQUIRED TO FURNISH THE FOLLOWING DOCUMENTS WITH THEIR SUBMITTAL: MANDATORY A. ARTICLES OF INCORPORATION, IF APPLICABLE B. CURRENT VALID BUSINESS LICENSE C,. CERTIFICATE OF GOOD STANDING D. CORPORATE RESOLUTION EVIDENCING THE DIRECTORS/OFFICERS OF THE COMPANY “IT SHALL BE THE BIDDERS' RESPONSIBILITY TO DELIVER HIS BID TO THE-DESIGNATED LOCATION PRIOR. TO THE BID TIME SPECIFIED ON PAGE 1 OF THIS BID.” Name of Bidder: 2 STANDARD FORM. Approved by Comm: of Prop. & Proc 7-14-71 Revised: 3-18-08 GENERAL PROVISIONS (SUPPLY CONTRACT) 1, DEFINITIONS As Used throughout 1 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; (if) method of shipment or packing; and (iii) place of delivery. If any such change causes an increase or decrease in the cost of, or the time. required for, the performance of any part of the work under this. contract, whether changed or not changed by any such order, an equitable adjustment ‘shall be made in the: contract price or delivery schedule; or both, and the contract shall be modified in writing accordingly: Any claim by the contractor for adjustment under this. clause must be asserted within 30 days from the date of receipt by the Contractor of the notification of change: Provided, however, That the Contracting Officer, if he decides that the facts justify such action, may receive and act:upon any such claim asserted at any time prior to fi nal payment under this contract. Where the cost. of property made obsolete or excess as a result of a.change is included in the Contractor's claim for adjustment, the Contracting Officer: shall have the -right to prescribe the manner of disposition of such property. Failure:to agree to any adjustment shall be.a dispute concerning a question of fact within the meaning. of the clause of this contract entitled "Disputes." However, nothing in this clause shali excuse the- Contractor from: ‘proceeding with the contract as changed. 3. EXTRAS Except as otherwise provided in this contract, no’ payment for extras shall be: made unless such.extras aid the price thereof’ have been authorized in. writing by the: Contracting Officer. 4. VARIATION IN QUALITY No variation in the quantity of any item called for by this contract will be accepted uniess 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 teri ‘throughout this clause includes without limitation raw materials, components, intermediate assemblies, and end products) shall be.subject to inspection and test by the Government, to the extent: practicable -at all times. and places including the period’ of manufacture: and im any event prior to acceptance. (b) In case any supplies or lots of supplies are defective in material or workmanship or otherwise not. in conformity with the requirements of this-contract, the Government shall have the right either to reject them (with or without instructions as to ‘their disposition) or to require their correction. Supplies or lots of supplies which have been rejected or required to be corrected shall-be removed or, if permitted or required by the Contracting Officer, corrected in place by and at the: expense: of the Contractor promptly after notice, shall not ‘thereafter be ‘tendered for acceptance unless the former rejection or requirement of correction is disclosed. If the Contractor’ fails ‘promptly to remove such supplies or jots of supplies which. are required to be removed, or promptly to replace or correct such ‘supplies or lots of: supplies, the Government either (i) may by contract or ‘otherwise replace or correct. such supplies and charge to the Contractor the cost occasioned the Government thereby, or (ii)-may terminate this contract: for default.as_pro- vided in the clause of this contract entitled "Default." Unless the Contractor corrects or replaces such supplies within the delivery schedule, the Contracting Officer may require the delivery of such supplies at a reduction in price which is equitable under the circumstances. Failure to agree to such reduction of price ‘Shall be a dispute concerning a question of fact within the Meaning of the clause of this contract entitled "Disputes." (c) If any change. inspection or test is made ‘by the Government on the piemises of the. Contractor or a subcontractor, the Contractor without additional charge shall provide. reasonable facilities and assistance for the safety and convenience of the Government inspectors in:the performance of their duties, If Government : ‘inspection: or tést is made. at.a point other. than the premises of the Contractor or 4a 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 riot be liable for any reduction in value of samples used in connection with, such inspection ortest. Al] inspections and tests by the Government shall be performed in such.a manner as not to unduly delay the. work.. The Government reserves the right to charge to the Contractor any additional cost of Government inspection and test when supplies are not ready:at the time such inspection and- test is.requested by the. Contractor or when reinspection or retest is necessitated by prior rejection. Acceptance or rejection of the supplies. shall be made-as promptly. as practicable after delivery, except as otherwise: provided in this contract; but failure to inspect and accept or reject supplies shall neither relieve the Contractor from responsibility for such supplies as are not in accordance with the contract requirements nor impose: liability: on the Government therefor. STANDARD FORM Comim. of Prop. & Proc. 7-14-72 Revised; 3-18-08 {d) The inspection and test by the Government of any supplies. or lots thereof does not’ relieve the. Contractor from any responsibility regarding defects or other failures. to meet the contract requirements which may be discovered prior ‘to acceptance. Except as otherwisé. provided in this contract, acceptance shall be conclusive except as regards latent defécts, ) fraud, or such gross mistakes as amount to fraud. {e) The Contractor shall provide and. maintain ati 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 shail be responsible for the ‘supplies covered by this contract until they are delivered at the designated delivery point, regardless of the point of inspection; (ii) after delivery to the Government at the designated point and prior to acceptance by: the: Government or rejection and. giving. notice. thereof by the Government, the Government shall be responsible for the Joss or destruction of or datnage 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 rejéction, except thatthe Government shall be responsible for the loss, or destruction of, or damage. to the supplies’ only. if such loss, destruction or damage results from the gross-negligence of. officers, agents, or employees of the Government.acting within the scope of their employment. 7. PAYMENTS The. Contractor shall be paid, upon: the submission of proper invoices or vouchers, thé jpricés stipulated herein for supplies delivered and accepted. or services rendered and accepted, less deductions, if any, as herein’ provided. Unless otherwise specified, payment will be made.on. partial deliveries accepted by the Government when the amount due on such deliveries so warrants; or when. requested by the Contractor; payment for accepted partial deliveries. shall‘be made whenever such. payment would ‘equal or exceed either’ $1,000 or 50 percent of the total amount of this contract. 8 ASSIGNMENT OF CLAIMS (a) Pursuant to the provisions-of the Assignment of Claims Act (5 VIC 1201 et. seq.) if this contract provides. for payments aggregating $1,000 or. more, claims for moneys due or to become due to thé Contractor from the Government.under this contract may be assigned to a bank, trust company, or other finaicial instifution, including any Federal lending agency, and may thereafter be further assigned and reassigned to any such ‘institution. Any such assignment or reassignment shall cover:all ‘amounts payable under this contract and not already paid, and Shall not be made to more than one party, except that.any such assignment-or reassignment may be made to one party:as agent or trustee for two. or more . parties ‘participating in such financing. Unless otherwise provided in this contract, payments to an assignee of any moneys due or to become due: under this contract shall not, to the ‘extent provided in said Act, as amended, be subject to reduction or set off. 9. ADDITIONAL BOND SECURITY If any surety upon any bond furnished in. connection with this contract becomes unacceptable to the Government of if any such surety fails to furnish. reports-as to his financial. condition from time to time as. requested by the Government, the Contractor shall promptly furnish such additional security as may be required from time to time to protect the interests. of the Government and of persons supplying. labor or materials in the prosecution of the work contemplated by this contract. 10. EXAMINATION OF RECORDS. (The following clause is applicable if the amount of this ‘contract exceeds. $1,000.00 and was entered into by means of negotiation, but is not applicable if this contract was entered into by means of formal advertising.) (a) The Contractor agrees that the Government Comptroller of the U. S. Virgin Islands or any of his duly ‘authorized. representatives shall, until the expiration of three years afler final payment under this contract, have access to and ‘the right to examine any directly pertinent books, documents, papers, and records. of the Contractor involving transactions related to this contract, (b) The Contractor - further agrees. to include in. all. bis subcontracts hereunder a provision to: the effect that ‘the subcontractor agrees that the Government Comptroller -of the Virgin Islands or any. of his duly authorized representatives, ‘shall, until the expiration of three years: after. final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers, and records of such ‘subcontractor, involving. transactions related to. ‘the ‘subcontract. The term "subcontract" as used in this clause excludes (i) purchase orders not exceeding: $1,000 and (ii) subcontractors or purchase orders for public utility services at rates established for uniform applicability to the generat 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 citcumstances: — (i) if the Contractor fails to make delivery: of the sup- plies or to perform the services. within the time specified herein -or any. extension thereof; or (ii} if the Contractor fails to perform any of the other: provisions of this contract, or so fails to make progress as to. endanger performance. of this ‘contract in accordance with its terms, and. in either. of these two circumstances:does not: cure STANDARD FORM’ Approved by Comm. of: Prop. & ‘Proc. 7-14- 7 Revised: 3- 18-08 such failure within a period of 10.days (or such longer petiod.as the Contracting Officer may authorize in writing) ‘after receipt of notice from the Contracting Officer specifying such failure. (b) In the-event the Government terminates this contract in whole or in part as provided in paragraph (a) of this clause, the Government may procure, upon. such terms.and in such manner as the Contracting Officer may deem appropriate, sup-plies or services similar to those so terminated, and the Con-tractor shali be liable to the Government for any excess costs for such similar supplies or services: Provided, That the Contractor shall continue the. performance of this contract’ to the extent not. terminated under the provisions of this clause. necessary to protect the Government .against loss because’ of .outstanding liens.or claims of former lien holders. (e).If, after. notice of termination ‘of this contract under the provisions of this clause, it is determiried for. ‘any reason that’ the Contractor was. not.in default under the: provisions of this clause, or that the default was excusable under the provisions of this clause, the rights and obligations of the parties shall, if the {c) Except with. respect to defaults of subcontractors, the: Contractor shall not be liable for-any excess costs if the failure to perform the contract arises out of causes beyond the control and without the fault or negligence. of the Contractor., Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the: Government i in either its sovereign or coritractural capacity; fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and. unusually severe weather; but in every case the failure. to. perform must be beyond the control and without fault or negligence of: the Contractor. If the failure to:perform is caused by the default of a subcontractor, and if such default arises out of causes, beyond the control of both the Contractor and subcontractor; and: with- out the fault or negligence of either of them, the Contractor shall not be'liable for any excess costs for failure to perform, unless the supplies or service fees.to be finished by the sub- contractor was obtainable from: other sources in. sufficient. time to’permit the Contractor to meet the required delivery schedule. (d) If this contract is terminated.as provided in. paragraph. (a) of this: clause, the Government, in addition to any other rights provided in this clause, may. require the Contractor to transfer title and deliver to the Government, in the manner and to. the extent directed by the Contracting Officer, (i) any completed supplies, and (ii) such partially completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, ‘information, and contract rights hereinafter called “manufacturing materials"). as the Contractor has specifi cally 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 quéstion. 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 contract contains a clause providing for termination for convenience. of the Government, be the same.as ifthe. notice of ‘termination. had been issued pursuant to such. clause: If, after notice of termination of this. contract under the provisions of this. clause, it is determined for any reason that the: Contractor was not in.default under the provisions of this clause, and if this contract does.not contain a clause providing for termination for convenience of the Government, the contract shall be: equitably adjusted to compensate for such termination and the contract modified accordingly; failure to agree to any such adjustment shalt be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes." (f) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights:and remedies provided by law or under this contract. 12. DISPUTES {a) Except. as othetwise provided in this contract, any dispute conceming, a question of fact arising under this-contract which is ‘not disposed of by agreement shall be decided by the Contracting Officer, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Contracting Officer shall be final and conclusive unless, within 30 days fromthe date of receipt of ‘such ‘copy, the Contractor mails or otherwise furnishes to the Contracting Officer a written appeal addressed to the Attorney General. The decision of the Attorney Genéral or his. duly authorized representative ‘shall he final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, ‘or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not-supported by substantial evidence..In connection with any appeal proceeding under this clause; the Contractor shall be afforded an opportunity to be heard and to offer évidence in. ‘support of his appeal. Pending final decision ofa dispute hereunder, thé Contractor shall proceed” diligently with the performance of the contract and in accordance with the Contracting Officer's decision. (b) This "Disputes" clause does not preclude consideration of law questions in. connection with decisions: provided for in paragraph (a) above:- Provided, That nothing in this contract shail 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 shall be applicable only if the amount of this contract exceeds $10,000. . STANDARD FORM Approved by : Comm. of Prop. & Proc. 7-14-71 Revised: 3-18-08 (a) The Contractor sliall 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 use of any. supplies furnished or work or: services performed here- under, the Contractor shall furnish to the Government when requested by the Contracting Officer, all evidence and. in- ‘formation in possession of the Contractor pertaining to such suit or claim. Such evidence and information shall be furnished at ‘the expense of the Government except where: the Contractor has -agreed to indémnify the: Government. 14. BUY AMERICAN ACT (a) In acquiring end products; the Buy American Act (41 US. Code 10aCid) provides that the. Government give preference to.domestic source end: products. For the purpose of this clatise: (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 sarne type or kind as the products referred to in (b) (ii) or Gii) of ‘this clause shall be treated as components mined, produced, or manufactured in the United States. (b) The Contractor agrees that there will be delivered under this contract only domestic source end products, except.end products; discretion (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; Git) 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 December 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 imprisonment at hard labor. 16. OFFICIALS NOT TO BENEFIT No member of the Legislature, or Delegate to the- United States Congress, or official or employee of the Executive Branch of the Government of the Virgin: Islands, shall, be. admitted to any share or part of this contract, or to-any benefit that may arise therefrom, but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. 17, COVENANT AGAINST CONTIGENT FEES ‘The Contractor warrants that.no person or selling’ agency has been employed or retained to solicit or secure this contract upon at agreement or understanding: for. a commission, percentage, brokerage, or contingent fee,-excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For: breach or violation of this warranty the Government, shall have the right to annul this contract without liability or in its to deduct from. the contract price or consideration, or otherwise. recover, the full amount of such commission, peicentage, brokerage, or contingent fee. STANDARD FORM NO. DPP ~'8C-54275. APPROVED {0-2-74.