GOVERNMENT OF

THE VIRGIN ISLANDS OF THE UNITED STATES



“ve 0 -o-



DEPARTMENT OF PROPERTY AND PROCUREMENT



This AGREEMENT, made this . day of omnes sconurinninae dd 18



Sor. Dispensing. of. Regular! Unleadine Gasoline and Diesel Fuel for all Government Vehicles for the



hereitiafter called the’ “GOVERNMENT”. and (an individual[ ]}); (a partnership[ ]), Goint venture ya

corporationf. ]), (incorporated in the State of [ ]), (Territory of St. Thomas [X]), the United States Virgin



Islands, doing business as Total Petroleum Puerto Rico Corp whose address is P. O. Box 304509,

Charlotte Amalie, St. Thomas, Virgin Islands 00803 hereinafter called. the “CONTRACTOR”,

Witnesseth:



For, and in consideration of the acceptance of the Conttactor’s proposal, under Request’ for

Proposal No. REP-028-T-2018 (S) opened on September 6, 2018 and the award of this contract to. the

Contractor, notification hereof having been made to the Contractor on September 20, 2018, and, in

further consideration of the covenants and agreements of the patties herein contained, to be well and truly

observed and faithfully kept by them, and each of them, it is mutually. agreed between the parties as

follows:



SECTION 1. That for-and in consideration of the price or prices and agreement in this proposal

hereto attached and made:a part of this Contract, the said Contractor agrees to furnish and deliver any or

all of the services described in the said Request for Proposal No. RFP-028-T-2018 (S) and the Scope of

Work as indicated in Addendum I at the: price or prices stated therein and in strict accordance with the

conditions of said accepted proposal. The Advertisement, Request. for Proposals, General Provisions.

(Addendum IIT), any Supplemental Provisions and Specifications and the Purchase Order, including any

change thereof, are all part and parcel of this Contract and are by this reference, incorporated in. this

Contract as fully and effectively as if set forth in detail herein.



SECTION 2. The Government, for and in consideration of the full and true performance of the

work by the Contractor, agrees to pay the price or prices set forth in the attached Invitation for Bids and

Compensation as-indicated in Addendum II, which are both incorporated by reference, in lawful money of

the Unitéd States, and the payment-shall be made at the time and in the manner set forth in the Invitation

for. Bids and the General Provisions.



SECTION 3. This Contract shall commence on October 1, 2018 and shall terminate on

September 30, 2019: unless mutually extended or terminated by. the parties. The services under this:

contract shall be for a period of One (1) year with a renewal option fora period of one (1) year. No

alterations or variations of the terms-of the proposal shall be valid or binding upon:the Government unless

made in writing.and approved by the Government.



SO83DPPT1S (TPPRC) Initial a

SECTION 4. This Contract will remain in force for the full period specified and services. of

termination shall be satisfactorily. delivered and accepted-and/or until all terms.and conditions have been

met, unless:



(a) terminated prior to expiration by. satisfactory delivery against. orders of eritire service.

contracted for; or ;



(b) extended upon written authorization of the Government and accepted by the Contractor,

to permit ordering of unordered balances or additional service at contract price or prices

and in accordance with the contract terms:



SECTION 5. Failure of the Contractor to deliver within the time specified, or within a

reasonable time as interpreted by the Government, or failure to make replacement of rejected services

when so requested, imniediately: or as directed by the Government,. will constitute authority for the

Government to purchase in the open market to replace the services rejected or not delivered. The

Government reserves the right to.authorize immediate purchases in the open market against rejections on

this contract. when necessary. On all such purchases, the Contractor agrees promptly to reimburse the

Government for excess costs occasioned by such purchases. Such purchases will ‘be.deducted from

contract quantities. However, should public necessity demand it, the Government reserves the right to

use.or consume services delivered which are substandard in quality, subject to an adjustment in price to

be determined by the Government.



SECTION 6. By execution of this.contract, the Contractor certifies that it is eligible to receive

contracts. awarded. using federally appropriated funds and that it has not been suspended or debarred

from.entering:into contracts with any federal agency. The Contractor shall include-this provision in:each

of its subcontracts hereunder.and shall fumish 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 ot subcontractor agrees that it ‘shall not be entitled to payment for any work

performed. under this. contract or any subcontract and that the Contractor or subcontractor shall promptly

reimburse the Government of the Virgin Islands for any progress payments heretofore made.



SECTION 7. Contractor warrants that it shall not, with respect to this Contract, make or present

any claim upon or against the Government of the Virgin Islands, or any officer, department, board,

commission, or other agency thereof, knowing such claim. to be false, fictitious, or fraudulent.

Contractor. acknowledges that. making such a false, fictitious, or fraudulent claim is an offense under

‘Virgin Islands Jaw.



SECTION 8. Contractor acknowledges that this Contract is funded, in whole or. in part, by

federal funds. Contractor warrants that it shall not, with respect to this Contract, make or present any

claim knowing such claim to be false, fictitious, or fraudulent. Contractor acknowledges that-making:

such a false, fictitious, or fraudulent claim is a federal offense.



S033DPPT18 (TRPRC) Initial, 2



\

This Contract shall become effective immediately upon and as of the day of signature by the



Parties hereto.



IN WITNESS WHEREOF, the parties to these presents have executed this CONTRACT in



twelve (12) counterparts, of which shall be deemed an original, in the year and day mentioned in the first



paragraph.



Witnesses:



GOVERNMENT OF THE VIRGIN ISLANDS



tere. Ay



By:



Lloyd T. Bough, Jr.



Date



Commissioner &*



Department of Property and Procurement



Witnesses:



CONTRACTOR



\



10.0818



Pierre Emniant



tel Bredin



By



Date



V4 fj),



Uy



General Manager



i



(AE



Cr Ce ee ee ey



: 0, 12-13



Total Petroleum Puerto Rico Corp



*,



(Corporate seal, if Contractor is a corporation)



S083DPPT18 (TPPRC)



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