GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES



pomoved 827 DEPARTMENT OF PROPERTY AND PROCUREMENT

Comm. of Prop. Proc PROCUREMENT DIVISION

Rev, 3-48-08

INVITATION BID & AWARD

SUPPLY CONTRACT

[ISSUED BY

Department of Property & Procurement 3274.Estate Richmond, Christiansted



INVITATION FOR BIDS”



DATE ISSUED



‘September 18, 2018 [meraren NO. |FBOS7VIANGC18(S)



Sealed bids in. quintuplicate (5 Sets 1 Original and 4 Copies}, subject to. (1) the Terms and Conditions‘of the invitation for

Bids, (2) General Provisions which are incorporated herein, by reference, and (3) such other contract provisions and’

_specifications ‘as afe attachéd-or incorporated by referce will be received at the above office until 9:00 o'clock AM, Atlantic

Standard Time, not later than (date) October 16, _2018; and at that time publicly. opened. for furnishing the ‘Supplies or services

for delivery f.0.b..ST. CROIX, .VI

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



SCHEDULE



“TTEM NO.



JO. OF UmnES?



Janitorial Services for the Virgin \slands Air

National Guard.



rr TO ee ee |



BID —————— — [DATE OF BID



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

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

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

DISCOUNTS WILL BE ALLOWED FOR PROMPT PAYMENT AS FOLLOWS:



PERCENT, 20 CALENDAR DAYS;: PERCENT, 30 CALENDAR DAYS



BIDDER REPRESENTS (Check appropriate boxes)



(1} THATHE IS ___.1S NOT__, ASMALL BUSINESS CONCERN. IF BIDDERS A SMALL, BUSINESS CONCERN AND IS'NOT THE MANUFACTURER.

OF THE SUPPLIES: BID UPON, | HE ALSO REPRESENTS THAT. ALL SUPPLIES TO BE FURNISHED HEREUNDER WILL , WILL NOT ,_ BE

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

COMMONWEALTH OF PUERTO RICO:



(2) THAT HE (IS AREGULAR DEALER IN. MANUFACTURER GF __, THE SUPPLIES BID UPON.



(3) (A) THAT HE HAS HAS NOT __. . EMPLOYED: OR RETAINED-AN ANY: COMPANY: OR PERSON (OTHER THAN A FULL-TIME- BONA FIDE

EMPLOYEE WORKING St SOLELY FOR TH THE BIDDER) TO.SOLICIT OR' SECURE THIS CONTRACT; AND (B) THAT HE HAS.___, HASNOT__, PAID OR

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

FEE, PERCENTAGE, COMMISSION, OR BROKERAGE FEE, CONTINGENT UPON.OR RESULTING: FROM THE AWARO 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 {SLANDS .

(5) PREFERRED BIDDER: ___A BONA FID! FIDE CONTINUOUS RESIDENT OF THE VIRGIN JSLANDS FOR AT LEAST EIGHT (8). YEARS‘OR ___ WAS BORN’

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

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

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

(S LICENSED IN-AND MAINTAINS -HIS-OR ‘ITS PRINCIPAL PLACE OF BUSINESS iN THE VIR VIRGIN iSLANDS.AND. OWNS, OPERATES, OR MAINTAINS A

STORE, WAREHOUSE, OR OTHER PLACE OF BUSINESS {N THE VIRGIN ISLANDS OR ___THE-DULY AUTHORIZED AGENT, DEALER, ‘DISTRIBUTOR

OR REPRESENTATIVE IN THE VIRGIN ISLANDS FOR’ THE MATERIALS; SUPPLIES, ARTICLES, OR. EQUIPMENT OF THE. GENERAL CHARACTER.

DESCRIBED BY. THE SPECIFICATIONS AND. REQUIRED UNDER THIS CONTRACT.



NAME & ADDRESS OF BIDDER (Street; Cily, State.and Zip Cade) SIGNATURE OF PERSON AUTHORIZED.TO SIGN BIR



(Type-or Print) —>



SUPPLIES OR SERVICES" peel UNIT UNIT. PRICE AMOUNT



TYPE OR PRINT SIGNER’S NAME-& TITLE



EI EEE ET 2 ET



AWARD DATE-OF AWARD

ACCEPTED AS TO ITEMS NUMBERED AMOUNT GOVERNMENT OF THE VIRGIN ISLANDS

SUBMIT INVOICE FOR PAYMENT TO:

Government of the United States. Virgin islands BY



St. Croix, USVI. Contacting Officer

TERMS AND CONDITIONS OF THE INVITATION FOR BIDS



4, PREPARATION OF BIDS: (a) Bidders are

‘expected to examine the.-drawings, specifications,

invitations, and ail instructions. Failure. fo 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

-allarations or erasures’ will be rejected, unless. the

alteration or-erasure is crossed out and correction

‘thereof printed in ink or typewritten adjacent: thereto

and. initialed by the person signing the bid. In

addition, a statement must bé furnished with the bid,

signed by the bidder explaining the correction ofthe

alteration or erasure; (c) If the bidder is a

parinership, a letter of authorization shall be

furnished and signed by aill of the general partners. If

he 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 retain all 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.the proposal is offered by an individual or

partnership, his name, office: and’ post office

‘addresses must be shown. if offered by a

corporation, the person signing the. proposal must

give his name, title; and business address: Anyone

signing a proposal as agent must file legal eviderice

.of his authority to-do.so,-and that the signature is

binding upon the firm. or corporation, (e) Altemate

bids will not be-consideréd unless authorized by the

invitation. Alternate bids are those offered which do

not meet the specification and are not considered

approved équal.to’ the item specified. (f) When not

otherwise specified, the bidder must state a definite

time of proposed delivery. {g) Time, if stated as a

-Tlumber. of. days will include Sundays and holidays. 2.

‘SUBMISSION OF BIDS: (a) Bids and modifications

jhereof shall be enclosed in ‘sealed envelopes

addressed fo the issuing office: with the name and

address of the bidder, the-date.and hour of opening,

and ihe ‘invitation number on the facé of the

envelope. Bids shall be submitted so as fo. 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 fo 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 shall not be

considered unless permitted by the Invitation‘far Bids.

Where telegraphic. bids are authorized, a telegraphic

bid received by felephoné from the redeiving

telegraph office not later than the time set for opening

of bids, shalf be considered if such bid is confirmed in

writing bythe telegraph company: and by sending a

copy of thé 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 bythe Government, ff. not destroyed by

testing, sariples will be retumed at bidders’ request

and experisé tnless otherwise specified by the



Anvitation. {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 Invitations for fhe type of supplies or services

‘covered by the Invitation is desired. Failure to.so



advise the Issuing.Office may be interpreted against



{the bidder, 3, WITHDRAWAL OF BIDS: Bids may

‘be. withdrawn only by written .or telegraphic: notice



provided that'such notice is received.prior to 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 trvitation for Bids are-late



bids, (6) A late bid-shal! be considered for award

only if itis received before award; arid either, {i) It

was ‘sent by mail including ‘registered or-certified for

which an official dated post office stamp (Postmark)

on the envelope has been obtained, or by telegraph if

authorized, and it is 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; ‘or (ii) If ‘submitted by mail- or by

telegram where authonzed-it was, received at the

Office. of the: Contracting Officer in sufficient. time: to

be opened as required in-the Invitation but except for

delay due to mishandling on the -part of the

Government. The only evidence acceptable to



‘establish’ timely receipt .at the Office of the

Contracting: Officer is that which can be established

‘upon examination of an.appropriate time stamp or a



writfen statement from-an official ‘of the U. S. Postal



Service. (c) Hand-Carried Bids: A tate hand-carried

‘bid, or any other tate bid not.submitted by mail or



telegram; shalt not be considered for award. (d)



‘Registered Mail:. The time of mailing ‘of a late bid,



mailed by registered mail; may be determined by the

date of the postmark-on the-registered: mail receipt or



‘registered mail wrapper. The time of mailing shall be



deemed to be the: last minute of the date shawn in

such. postmark unless the. bidder furnishes evidence

from the. post office’ station of mailing which

establishes an earlier time. (f the postmark does not



show. a date, the bid shall be deemed to have been



mailed too late unless the, bidder furnishes evidence



from the. past office of mailing which sstablishes



timely mailing. {e) Certified Mail: The: time of

mailing alate bid; maited by Certified Mail for which



‘a postmarked Receipt for Certified Mail was obtained,



shall be deemed to be the last minute: of the. date



‘shown on the postmark.on Sucti réceipt where: (i)



the Receipt for Certified Mail.identifies. the post office

station of mailing and the bidder furnishes evidence

from such station that the business day of that station

ended at an éailier time, in‘ which case. the time of

mailing shall be deemed. {o. be. fast minute of. the



‘business day of that station; or (ii) an entry in ink-on



the Government.



‘the Receipt of Certified Mail; showing the time of

mailing: and the initials of the. postal employee

receiving thé item ‘arid 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 4 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 fndicated 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, IDENTIFIGATION OF OFFER:

Bidders -shall ‘show brand name, catalog number;



model'and so.forth as ‘applicable on bid form covering



thé. product they are bidding on and propose to

furnish, {f not shown, it will be-considered and

understoad 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 fess-than 20 days will not be

considered in making award. Bids offering discounts



for payment withii: périods in.excess of twenty (20)

‘days-will be evaluated for the purpose of.award; (b).

-In connection withdiscounts offered, time wil be



completed from date of acceptance of:the supplies by

Provided, however, that -the

Government is.nat: unreasonably nor unduly negligent

in accepting shipment. 7, AWARD OF CONTRACT:

{a} Uniess all bids. are rejected, award-will be made



by: written notice, within the time spécified for



acceptance, to that responsible. bidder whose bid,

conformifig to the invitation for Bids, offers the most

advantageous service to the Government, quality

offered; delivery terms and’ service ‘reputation taken



‘Into consideration. (b) The Government may award

“items separately or by grouping items in total:tots. (c)

The Government’ may, during the term: of any



contract entered into, increase or decrease the

quantities but no such -inctease’'‘or decrease will

exceed. twenty-five (25%) per cent of the quantity bid



‘upon. 8. REJECTION OF BIDS: The Government



may, affer- opening but prior to: award and within ihe.



‘time specified for acceptance, reject any or-all bids,.



or the bid-for any one or moré commodities or

contracted services included in the proposed contact,

when the public interest will be served thereby. 9.

PRICES: (a} All prices bid shail be fi irm and not:

subject to increase if ‘accepted during the acceptance

period. Bids: containing an “escalation clause” will not

be considered unléss specifically authorized by the

Government in the Invitation for Bids: (b) For each

item bid; a-unit-price arid.a-total for the quantity must

be stated, The unit price shall always control. (¢) All

ptices shail be F.O.B. (Free Oh Board) destination.

The. seller hereunder must: at his own expense and

risk, transport the: gdods: to the named. place and:



there tender delivery.

‘Standard Form 86 CONTINUATION SHEET Contract, Order, or Invitation No. | Page No.

November:1949 Edition (As Applicable) :

eneral Services Administration fle ; :

pet Proc. Reg. (441 OFR) 116.107 (Supply Contract)

38-104, Ray. 3-18-08

ITEM NO. SUPPLIES OR SERVICES AMOUNT

4. Virgin Islands National Guard $s Month

RR1. Box 9201, Kingshill, Vi

The Contractor shall provide all labor, materials, and equipment necessary to perform

Janitorial Services for the. Virgin Islands Air National Guard on St. Croix.

Joint Force Headquarters VI National Guard. RR1 Box 9201 Kingshill, VI 00850-9734

SCOPE OF WORK

See Attach Scope

Name of Bidder:



|FBOS7VIANGC18(S)

STATEMENT OF WORK



JANITORIAL SERVICES

FOR

VIRGIN ISLANDS AIR NATIONAL GUARD STATION

285"! CES



1. SCOPE:



Contractor shal! provide all labor, material, supplies, tools, equipment and professional

supervision required to fully and completely accomplish all janitorial services required by this

Statement of Work.



2. LOCATION OF WORK:



Work to be accomplished is located at the 285" Civil Engineer Squadron, Virgin Islands Air

National Guard Station, Industrial Park, 100 Estate Manning Hill, Kingshill, St. Croix USVI.

‘The work area is comprised of 10388 square feet, which includes the entire Main Building (Bldg

# 100); AGE Shop Office (Bldg # 108), Supply Office (Bldg #110), Structures Office (Bldg #

107), and the Security Guard Office (Bldg # 145).



NOTE: VENDORS MUST BE REGISTERED AND CURRENT IN THE CENTRAL

CONTRACTOR’S REGISTRY TO BE-CONSIDERED.



NOTE: THIS.IS A U.S. MILITARY IN STALLATION. ALL ENTERING AND

EXITING VEHICLES ARE SUBJECT TO SEARCH.



3. SCOPE OF WORK:



a. Restrooms shall be-cleaned regularly on Mondays, Wednesdays, and. Fridays, hours.to

be coordinated with using agency, and will include, but not be limited to the following:



(1) All toilets, wash basins, mop sinks, urinals and showers, will be cleaned.and

serviced as scheduled to include the sweeping and mopping of area.



(2) Chemicals used to clean, disinfect, and deodorize shall be free of acids or

other substances that could cause damage or deteriorate pluinbing fixtures or drains.



(3) All ceramic tiles ‘shall be cleaned, to include grout.

(4) All residues shall be removed after each cleaning.



(5) The Government shall furnish hand soap and paper products. Contractor shall.

place, install and/or distribute throughout the compound each cleaning day.

(6) All mechanical devices/dispensers. shall require approval from the using

agency before being installed in restroom. These itéms shall become the property of the Federal

Government..



b. Office areas shall be cleaned regularly on Mondays; Wednesdays, and Fridays, hours

to be coordinated with using agency, and will include, but not be-limited to the following:



(1) Sweep aid mop all floors for Bldgs. 100, 107, 108, 110, & 145.



(2). Clean and dust countertops and other surfaces-such as‘cabinets, display cases,

book shelves, tables, window sills, etc..in common areas.



(3) Clean-and polish all glass doors.

c. AJl vinyi composition tiles shali be cleaned as follows:



(2) One (1) time each quarter all vinyl floors will be stripped of wax buildup. A

fresh coat of wax shall be reapplied to all.floors and. buffed to a'soft shine. Schedule will be.

coordinated between contractor and agency.



d. One (1) time each month, windows will be cleaned inside and outside. This. cleaning

will also include all window dressings (ie. venetian blinds and window shades).

e. All waste/trash receptacies shall be emptied and contents deposited in. the facility trash



bin,.. This schedule shall be Monday, Wednesday and Friday of each week. Waste can liners will

be provided by the using agency.



f. All materials used by the contractor must meet the requirements set forth by the EPA.

‘The contractor must provide to the 285" CES Hazardous Material Monitor the Material Safety

Data Sheets (MSDS) of all chemicals used on the installation.



4, GOVERNMENT FURNISHED MATERIALS:



There will be no-government furnished materials or equipment, except as specified in this.

Statement of Work.



§. SITE VISIT:



This job site can be. inspected Monday through Friday, 8:30 AM to 4:00 PM, by contacting the

Facility Manager at 340-773-8413 x285-0231.

6. PERFORMANCE:



Submission of a bid by a contractor shall be accepted as prima facie evidence that the-contractor

examined the job-site and this Statement of Work and is satisfied as to the nature and location of

the work. and all other matters which can in any way affect the -work or cost.thereof under the.

contract. The Contractor is responsible for field verification of all dimensions.and conditions in

which the-work will be:accomplished: Any failure on the part of the Contractor to. become fully

acquainted with all available information, including physical survey of the existing building and

site of the proposed work will not relieve the Contractor from successfully performing all of the

work required for a complete job.



7, SECURITY:



‘The contractor and its employees shall be subject to, and shall at.all times conform with, any and.

all rules, regulations, policies and procedures pertaining to the security at the above listed

facilities. Any. violations or disregard for the rules, regulations and policies may be cause for

immediate termination of the contractor. The contractor and its.employees shall at.all times

produce and display picture identification identifying the individual as an employee of the

‘contractor. :



$8. SAFETY:



Safety requirement shall be in accordance with alt Federal and Territorial laws and regulations.

‘The current Department of Labor safety regulations wil! govern the overall job safety program.



9, ENVIRONMENTAL:



A. The Virgin Islands National Guard (VING) has instituted an environmental Management.

System (eMS) Policy. Its aim is to implement and communicate long-term goals for

environmental protection, improvement and.stewardship. This will be achieved through

continuous. monitoring, assessing, reviewing and approving our environmental objectives. and

‘targets.



B. All personne! — Military, civilian workers, contractors and visitors doing business with VING

must conform to the eMS protocols in and around VING facilities: Embodied in the Adjutant

General’s eMS Policy is the requirement toadhere to and comply with all Environmental,

Federal, Territorial, Depart of Defense and VING laws, rules, regulations and policies:



END.OF SECTION

Standard Form 86 CONTINUATION SHEET '|Contract; Order, or Invitation No. Page No.



November 1949 Edition (As Applicable)



Genera! Services Administration (Supply Contra ct)

Fed. Proc, Reg, (41 OFR) 1:16.107 ae :

36-104, Rev..3-18-08



(TEM NO. SUPPLIES OR SERVICES AMOUNT



NOTICE TO BIDDERS



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

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

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

ADDRESS ONLY WILL NOT SUFFICE.



BIDDERS MUST INSERT THEIR E.|.N..EMPLOYER'S IDENTIFICATION NUMBER ON PAGE 7 IN THE SECTION

WHERE THE COMPANY'S NAME AND ADDRESS IS REQUIRED.



PROSPECTIVE BIDDERS WILL BE REQUIRED TO FURNISH THE FOLLOWING DOCUMENTS WITH THEIR

SUBMITTAL: MANDATORY



A. CURRENT VALID BUSINESS LICENSE



B. CURRENT CERTIFICATE OF GOVERNMENT INSURANCE COVERAGE



C. CERTIFICATE OF GOOD STANDING



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

E. ARTICLES OF INCORPORATION, IF APPLICABLE



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

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



Name of Bidder:



IFBO67VIANGC18(S)

Standard Form 85° CONTINUATION SHEET Contract, Order, or Invitation’ No. Page No:



November 1949 Edillon moe . (As Applicabla)



General Services: ‘Administration (Supply Contract)

Fed.-Proc. Reg. (41 OFR) 1-16.107 ow —s ;



36-104; Rev; 3-48-08



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 shall 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 $100,000.60, the

cost of which shail be barne:by the Contractor and maintained fully. during thé term of the Contract.



A copy of the Insurance fisted herein shall be filed with the Department of Property & Procurement, 3274 Estate

Richmond, St. Croix, U. S. Virgin Islands 00820-4241,



The Contractor shall-be liable for loss or damages to property or persons, however, in no case shail such negligence be

presumed or inferred:



The Contractor agrees not to refuse to hire or employ or to bar or discharge from employment any individual because of

race, religion, color, or ancestry.



The Contractor hereby agrees fo pay the existing minimum wages, Federal and/or Local taxes as may be applicable.



PROMPT PAYMENT DISCOUNT: Prompt payment discounts shall NOT be considered in the evaluation bids. Prompt



payment discounts are removed as evaluation factors.



Although prompt payment discounts are not evaluated, any discount offered will form part of the award, and will be.taken

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



No discount offered for paymenis within less than thirty (30) calendar days.will be considered. Paragraph 6a on Page. 1

of the. Bid Form is hereby déleted.



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 (XY) 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-Preferréd:Bidders' Certificate with the Commissioner of Property

& Procurement, Division of Procurement, Building #1, Third Floor Sub base, St. Thomas, U. S. Virgin Islands, or 3274

Estate Richmond, Christiansted, St. Croix, U.S. Virgin Islands, notarized, and submitted to the Division of Procurement

not later than the.date and hour of bid opening as specified on Page 1 of this bid. All bidders not complying with the

procedures set forth herein and.in accordance. with Title 31 V. I. C..§ 236 a, will not.be considered 6ligible as Preferred



Name of Bidder:



IFBO67VIANGC18(S)

Standard Form 86 CONTINUATION SHEET Contract; Order, or Invitation No. Page No.

November 1949 Edition _ : “Soe (As Applicable) i

General Services Administration (Supply Contract)

Fed. Proc. Reg. (41 OFR} 1-16;107 -

36-104. Rev. 3-18-08



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 io any purchase in excess of $1,000.00, under this Chapter, will

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

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



NAME ADDRESS TITLE



Name. of Bidder:



IFBOB7VIANGC18(S).

STANDARD FORM



Approved by"

Comm. of Prop. & Proc. 7-14-71:

Revised: 3-18-08 : :

GENERAL. PROVISIONS

(SUPPLY CONTRACT)



1, DEFINITIONS . .

As Used throughout this contract, the following terms shall

have the meaning.set forth below:



The term “Contracting Officer” means the Commissioner:

of the. Department of Property & Procurement; and the term

includes, except as otherwise provided in the contract, the

authorized representative. of the Contracting. Officer acting.

within the limits of his authority.



2, CHANGES



The. Contracting Officer may at any time, by a written

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

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

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

suppliés to be. furnished: are to be specially manufactured for the

Government in accordance therewith; (ii) method of shipment

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

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

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

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

equitable. adjustment shall be made. in the: contract price or

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

writing accordingly. Any claim by the contractor for adjustment

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

of receipt by the Contractor of the notification of change:

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



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



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

contract, Where the cost of property made-obsolete or excess as:

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

adjustment, the Contracting. Officer shall have. the. right to

prescribe the manner of disposition of such property. Failure to

agree to any. adjustment shall be a dispute. concerning @ question

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

“Disputes.” However, nothing, in this clause shail excuse the

Contractor from proceeding with the contract as changed.



3. EXTRAS



Except as otherwise provided in this contract, no: payment

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

have been authorized in writing by the Contracting Officer.



4, VARIATION IN QUALITY



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



contract will be accepted unless such variation has been caused



by conditions of loading, shipping, packing or allowances in.



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

specify elsewhere in this contract:



5. INSPECTION



(a) All supplies. (which term throughout this clause

includes without liniitation raw materials, components,

intermediate assemblies, and end products) shall be subject to



Gavernment



Inspection: and test by the Government, to the extent practicable

at all times and places including: the period of manufacttire and

in. any event prior-to. acceptance,



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

material. or workmanship or otherwise. not in conformity with

the requirements: of this contract, the Government shall have the

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

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

of supplies which have been rej jected 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 retnove. such supplies or lots of supplies which are

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

supplies ‘or fots: 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 piice. 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

on the premises of the Contractor or a

subcontractor, the Contractor without additional charge shall

provide reasonable facilities and assistance for the safety and

convenience of the Government inspectors in the performance

of their duties. 1f Government, inspection or test is made at a.

point other than the premises. of the Contractor or a

subcontractor, it. shall be. at the expense of the Government

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

case of rejection the Government. shall not be liable for any



reduction in value of samples used in ‘connection with such.



inspection or test. Ali 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,



excépt as otherwise provided in this contract; but. failure. to

inspect and accept or reject supplies shall neither relieve, the

Contractor from résponsibility for such supplies as are not in

accordance: with the contract requirements nor impose fiability



‘on the Government therefor..

STANDARD. FORM

Approved by °



Comm: of Prop. & Proc. V4

Revised: 3-18-08



(4) The-inspection and test by the Government of any supplies

or lots thereof does not relieve the Contractor from any

responsibility regarding défects or other failures. to meet the

contract réquirements which may be discovered prior to

acceptatice. 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) Ehe-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 élsewhere in this contract.



6. RESPONSIBILITY FOR SUPPLIES

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



Contractor shall be responsible for the supplies. covered by this.



contract until they are delivered at the designated delivery:point,

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

Government at the designated point and prior to. acceptance by

the. Government or rejection and giving notice thereof by the



Governnient, the Governnient 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 responsibie for the loss, or destruction of,



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

damage results from. the gross negligence of officers; agents, or”



employees of the Government acting within the scope of their

employment.



7, PAYMENTS



The Contractor shall be paid, upon the submission. of

proper invoices or vouchers, the prices stipulated herein ‘for

supplies’ delivered and accepted or services rendered and

accepted, fess deductions, if any, as herein provided. Uniess

otherwise specified, payment will be made on partial deliveries

accepted by the Government when the amount: dué. on such

deliveries so warrants; or when requested by the. Contractor;

payment for accepted partial: deliveries shall bé made whenever

such payment would equal or exceed ‘either $I, 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 120!-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, incliding any Federal lending agency, and

may thereafter be further assigned and: reassigned to any such

institution. Any such assignment or reassignment shall cover all

amounts: payable under this contract and not already paid, and

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



Assignment or reassignment may be:made to one party as agent

or trustee for two or more parties participating in such

financing: Unless otherwise provided in this contract, payments

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

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

amended, be subject to reduction or set off.



9. ADDITIONAL BOND SECURITY



If any surety upon any bond furnished in connection with

this contract becomes unacceptable to the Government of if any

such surety fails to furnish reports as to. his. financial condition

from time to time as requested by the Government, the:

Contractor shall promptly furnish such additional. security as

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

Government and of persons supplying labor or materials in the:

prosecution of the work contemplated by this contract.



10. EXAMINATION OF RECORDS



(The following clause is applicable if the amount of this

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

negotiation, but is not-applicable if this contract. was. entered.

into by means of formal advertising.)



{a) The Contractor agrees. that. the Government

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

authorized representatives shall, until the. expiration of three

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

the right to examine any directly pertinent books, documents,

papers, and records: of the Contractor involving. transactions.



‘related to.this contract.



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

subcontracts hereunder a provision to the effect that the

subcontractor agrees. that the Government Comptrolier 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 tight’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 establislied 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) 1f 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- 14-71

Revised: 3-18-08



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

The Contracting Officer may authorize in writing) after receipt

of notice from the Contracting Officer specifying such failure.



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

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

Government may procuré, upon-such terms and.in such manner.

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



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



be. liable to the Government for any excess costs for such

similar supplies or services: Provided, That the Contractor shall

continue the performance of this contract to’ the extent not

terminated under‘the provisions. of this clause.



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



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

to perform the’ contract arises out of causes beyond the control

and. without the. fault or negligence of the Contractor. Such



causes may include,. but are:not-restricted to; acts of God or of



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

or contractural capacity, fires, floods, epidemics, quarantine:

restrictions, strikes, freight. embargoes, and unusually severe

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



beyond the control and without fault or negligence of the.



Contractor. If the failure to perform is caused by the default 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 in paragraph



(a) of this clause, the. Government, im addition to any:



other rights provided i 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

“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 Off Icer; 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



called



to and: accepted by the Government and for the protection and



preservation of propérty shall be: in an amount agreed. upon. by

the Contractor and Contracting Officer; failure to agrée 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.



©) If, after notice of termination of this contract under the

provisions of this clause, it.is determined for any. reason that the.

Contractor was not in default under the. provisions of this

clause; or that. the default was excusable. under the provisions of

this clause, the rights and obligations of the. parties shall, if the

contract contains. a clause providing for termination for

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

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

notice of termination of this contract under the provisions of

this. clause, it is deterrnined for any reason that the Contractor

was notin default: under the provisions of this clause, and if this:

contract does not contain a.clause providing for termination for

convenience of the Government, the contract. shall be equitably’



-adjusted to compensate. for such termination and the contract

‘modified accordingly; failure:to agree to any such adjustment

Shall be a dispute concerning a question of fact within the



meaning of ‘the: clause-of this contract entitled. "Disputes."



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

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

tights and remedies provided by law or under this contract.



12. DISPUTES



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

dispute concerning a-question of fact arising under this contract

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

Contracting, Officer, who shall reduce his. decision. to- writing



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

The decision of the Contracting Officer’ shall be final and



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

such copy, the Contractor mails or otherwise furnishes to the.

Contracting Officer a written appeal addressed to the Attorney



General. The decision of the Attorney General or his duly

‘authorized representative: shall he. final and conclusive unless



determined by a ‘court of competent jurisdiction to have been

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



necessarily to imply bad faith, or not supported by substantial

evidence. In connection with any appeal proceeding under this



clause, the Contractor shali be afforded an opportunity to be.

heard. and to: offer evidence in suppoft of his appeal. Pending

final decision of a dispute hereunder, the Contractor ‘shall



proceed diligently with the péiforrtiance of the contract and in



accordance. with tle Contracting Officer's decision.



(b) This “Disputes” clause does not preclude consideration

p P



‘of [aw questions in connection with decisions provided for in

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

shall be construed a£ making final. the ‘decision of. any



administrative official, representative, of 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 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

atising 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 inforiiation shall be fiirnished at’

the expense of the Government excépt. where the Contractor has:



agréed to indemnify the Government.



14, BUY AMERICAN ACT



(a) In acquiring end prédticts, the. Buy American Act.

(41 U.S. Code 10a%d) provides that the Government give.



preference to.dornestic 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 comporients thereof which are:



mined, produced, or manufactured iii the United States exceeds:

50 peréent 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) Gi) or (iii) of: this

clause shall be treated as components mined, produced, or

maiufactured 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

‘consideration, or otherwise recover,

‘commission, percentage, brokerage, or contingent fee..



(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 December



17, 1954.)



15. CONVICT LABOR



Ih 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 émployee of the Executive

Branch of the Governiient of the Virgin Islands, ‘shall be

admitted to any share or part of this contract, or to any benefit.



tbat may arise therefrom,. but this provision shal} not be



consttuéd to.-exterid 10 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 sécure this contract upon



an 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 Conitractor for the purpose of securing business. For



breach or Violation ‘of this warranty the Governtnent shall

have the right to annul this contract without liability or in its.

to. deduct from the contract price or

‘the full amount of ‘such

an,



STANDARD FORM NO. DPP.~ TC-§4- 7

APPROVED 10-2-74

COMMISSIONEER OF DPP



REVISED 3-18-08



GENERAL PROVISIONS

(SUPPLY CONTRACT)



TERMINATION OF CONTRACTS



0



18. CONVENIENCE OF THE GOVERNMENT



(a) 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.



(b)



After receipt of a Notice of Termination, and except as otherwise directed by the

Contracting Officer, the Contractor shall:



@)



(ii)



Gii)



(iv)



(vy)



(vi)



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

Termination;



place no further orders or subcontracts for materials, services or facilities, except as

may be necessary for completion of such portion of the work under the contract as

is not terminated;



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

performance of work terminated.by the Notice of Termination;



assign to the Government, in the manner, at the times, and to the-extent directed by

the. Contracting Officer, all of the right, title, and interest of the Contractor under

the orders and subcontracts so terminated, in which case the Government shall

have the right, in its discretion, to settle or pay any or all claims arising out of the

termination of such orders and subcontracts;



settle all outstanding liabilities and all claims. arising out of such termination of

orders and subcontracts, with the approval or ratification of the Contracting



Officer, to the extent, he may require, which approval or ratification shall be final

for all the purposes of this clause;



transfer title ad deliver to the Government in the manner, at the times, and to the

extent, if any, directed by the Contracting Officer (A) the fabricated or

unfabricated. parts, work in progress, completed work, supplies, and other material

produced .as a part of, or acquired in connection with the performance. of, the work



terminated by the Notice of Termination, and (B) the completed or partially



_5-

STANDARD £ORM NO, DPP— TC-54-75

APPROVED 10-2-74



COMMISSIONEER OF DPP

REVISED 3-18-08



(c)



(d)



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 bestefforts to’ sell, in the manner, at the times, 1o.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 Goveinment to the Contractor under.

this contract or shal] 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 arid in which the

Government has or may acquire an interest.



After receipt of the Notice of Termination, the Contractor shalf submit to thie

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

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

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

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

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

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

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



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

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

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

pursuant to this clause, which amount of 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

the. agteed amount. Nothing i in paragraph (e) of this clause, prescribing the amount to be

paid to. the Contractor in the event of failure of the Contractor and the Commissioner of



-6-

re



STANDARD FORM NO. DPP - TC-54-, >

APPROVED 10-2-74

COMMISSIONEER OF DPP

REVISED. 3-18-08



(e)



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):



{In the event of the. failure of the Contractor and the Commissioner of Property and

Procurement to agree as provided in paragraph (d) upon the whole amount to ‘be. paid to

the Contractor by reason of the termination of work pursuant. to. this clause, the

Commissioner of Property and Procurement shall pay to the Contractor the amounts

determined by him as follows, but without duplication of any amounts agreed upon. in

accordance with paragraph (d):



(i) for completed supplies, materials and equipment or services accepted by the

Government (or sold or acquired as provided in paragraph (b) (vii) above) and not

theretofore paid for, a ‘sum equivalent to the aggregate price for such supplies of

services computed in accordance with the price-or prices specified in the contract,

appropriately adjusted for any saving for freight or other charges;



(ii) the total of —



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



(B)



(C)



costs and preparatory expense: allocable thereto, but exclusive of any costs

attributable to supplies or services paid or to be paid for under paragraph (e)

(i) hereof;



the cost settling and paying claims arising out of the termination of work



under subconiracts or orders, as provided i in paragraph (b) (v) above, which

are properly chargeable to the terminated portion of the contract (exclusive of

amounts paid or payable on account of supplies or materials delivered or

services furnished by subcontractors-or vendors prior to the effective date of

the Notice of Termination, which amounts. shall be. included in the costs

payable under (A) above; and



a sum, as profit on (A) above, determined by the Contracting Officer to be fair

and reasonable; provided, however, that if it appears that the Contractor would

have sustained a loss on the entire contract had it been completed, no profit

shall be included or allowed under this subdivision (C) and an appropriate



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



indicated rate of loss; and



(iii) the reasonable costs of settlement, including accounting, légal, 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.

DPP-NCA-52-75

REVISED: 3-18-08



GOVERNMENT OF THE VIRGIN ISLANDS

DEPARTMENT OF PROPERTY AND PROCUREMENT



NON-COLLUSION AFFIDAVIT



-O

ssnuee. Deing duly sworn, deposes and says that —

(1) He is [owner, partner, officer, representative, or agent] Ofc... ceil ee cece cee cee eee ee ce ecesessneeersnenseas

aseaaeannoacecetseesceesouseecarens uae eeeees see eeenenere sree teense eeaes the bidder that has subinitted that attached bid;



(2) He is duly informed respecting the preparation and contents of the attached bid and of all pertinent

Circumstances respecting such bid;



(3) Such bid is genuine-and is not a collusive or sham bid;



(4) Neither the said bidder nor any of its officers, partners, owners, agents, representatives, em ployees



Or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly

or indirectly with any other bidder, firm or person to submit a collusive or-sham- bid in connection with the

contract for which the attached bid has been submitted or to refrain from bidding in connection with such

contract, or has-in.any: manner, directly or indirectly, sought by agreement or collusion.or communication or

conference with any other bidder, firm or pérson-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



Notary Public