(a) Except as provided for in section 239, all purchases of and contracts for supplies, materials, equipment, and contractual services and for all sales of obsolete and unusable personal property must be based on competitive bids, or competitive proposals. All expenditures made pursuant to this title must be in writing. Notices inviting sealed competitive bids must be published in the newspapers of general circulation within the Virgin Islands, or on the Department of Property and Procurement’s website and online or by electronic publications, and on Federal Government databases, used by the General Services Administration. Not fewer than five calendar days must intervene between the date of the last publication and the final date for submitting bids. The notices must include:(1) a general description of the articles to be purchased or sold,(2) a statement of where blank bids and specifications may be obtained,(3) the time and place for the bid opening, and(4) the place where the property may be inspected, if it is an item that is being sold.
(1) a general description of the articles to be purchased or sold,
(2) a statement of where blank bids and specifications may be obtained,
(3) the time and place for the bid opening, and
(4) the place where the property may be inspected, if it is an item that is being sold.
(b) The Commissioner of Property and Procurement shall solicit sealed bids or proposals from all responsible, prospective suppliers or purchasers who have requested their names to be added to the bidders’ list, by sending them the notices electronically or through regular mail, as will acquaint them with the proposed purchase or sale. All pending purchases or sales must also be posted on the Department of Property and Procurement’s website.
(c) All bids shall contain a specific itemization of all units bid upon and the unit price thereof and shall be submitted sealed to the Commissioner of Property and Procurement and, when deemed necessary, shall be accompanied by surety in the form of check, irrevocable letter of credit or bond for 5 percent of the bid amount for all construction contracts over $150,000, except as otherwise provided in section 236a. The bids shall be opened in public at the time and place stated in the advertisements. A tabulation of all bids received shall be filed for public inspection. The Commissioner of Property and Procurement may reject any or all bids, or the bid for any one or more commodities or contractual services included in the proposed contract, when the public interest will be served thereby. If all bids received are for the same total amount or unit price, and if the public interest will not permit the delay of readvertising for bids, the Commissioner of Property and Procurement may award the contract to one of the bidders by drawing lots. Otherwise the contract shall be awarded to the lowest, responsive, responsible bidder, where responsiveness is determined by whether the bidder complies with the invitation for bids in all material respects, and responsible is determined by whether the bidder possess the financial, technical and human resources to perform the proposed contract. Service reputation shall be determined by the Commissioner of Property and Procurement by actions, including but not limited to an analysis of the credit worthiness of the business and the principals in the business, utilizing such independent credit bureaus as may be appropriate. No bid shall be considered by the Commissioner of Property and Procurement unless the bid includes a financial disclosure statement and a work experience statement. The Commissioner shall issue rules concerning the type of information to be submitted. The rules shall include a sample form of each statement. The Commissioner of Property and Procurement shall discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases and sales.
(d) Each bid, with the name of the bidder, shall be entered on a record, and each record with the successful bid indicated shall, after the award of letting of the contract, be opened to public inspection. Except as otherwise provided in section 236a, a payment and performance bond or an irrevocable letter of credit for 100 percent of the contract price for construction contracts over $150,000 for the proper performance of each contract may be required by the Commissioner of Property and Procurement.
(e) Sales shall be made to the highest responsible bidder. All contracts shall be in form previously approved. If the successful bidder shall not within ten days after the award complete his contract, he shall forfeit any surety which accompanied his bid.
(f) The Commissioner of Property and Procurement shall file prior to the 15th day of each month, a report with the Governor and the Finance Committee of the Legislature listing (1) the names and addresses of all persons, firms or corporations making sales of supplies, materials, equipment or services by competitive bid under this section, (2) a description of the purchase made or service provided, and (3) the amount of the contract award.
(g) (1) For all services to be performed in the Virgin Islands and at the time of the submission of the bid or proposal, the Commissioner of Property and Procurement shall require all bidders or respondents when submitting a bid or proposal to include:(A) a current certificate of good standing or its equivalent,(B) current business license in the Virgin Islands,(2) Notwithstanding paragraph (1), out of territory respondents to Requests for Proposals shall submit a Virgin Islands business license not more than 15 days after the award, unless the services will not be performed in the Territory, or the business transaction is otherwise not considered to be doing business in the Territory.
(1) For all services to be performed in the Virgin Islands and at the time of the submission of the bid or proposal, the Commissioner of Property and Procurement shall require all bidders or respondents when submitting a bid or proposal to include:(A) a current certificate of good standing or its equivalent,(B) current business license in the Virgin Islands,
(A) a current certificate of good standing or its equivalent,
(B) current business license in the Virgin Islands,
(2) Notwithstanding paragraph (1), out of territory respondents to Requests for Proposals shall submit a Virgin Islands business license not more than 15 days after the award, unless the services will not be performed in the Territory, or the business transaction is otherwise not considered to be doing business in the Territory.
(h) The Commissioner of Property and Procurement shall require all successful bidders for contracts in excess of $500,000.00 to agree in writing to employ at least two individuals from the Welfare to Work Program, administered by the Labor and Human Services Departments.
(i) Notwithstanding any provision of this chapter to the contrary, the Commissioner shall comply with the Small, Local and Disadvantaged Business Enterprise Program established under title 11 V.I.C., chapter 23, subchapter IA and shall, in consultation with the Chief Executive Officer of the Small Business Development Agency, coordinate the bid preference and set aside programs for small business enterprises pursuant to 11 V.I.C. § 1270a.
(j) Request for Proposals must be used when conditions are not suitable for sealed competitive bids, where price is not the sole determining factor and the award is based on price and technical factors. Requests for Proposals must be advertised in accordance with the provisions of this chapter and identify all evaluation factors, including qualifications, responsiveness, experience, past performance, responsibility, cost, and their relative importance. Any response to a Request for Proposals must be considered to the maximum extent practical. The Department of Property and Procurement shall have a written protocol for conducting technical evaluations of the proposals received and for selecting recipients. Notices inviting sealed competitive proposals must be published in the newspapers of general circulation within the Virgin Islands, or on the Department of Property and Procurement’s website and online or electronic publications, and Federal Government databases used by the General Services Administration. Not fewer than five calendar days must intervene between the date of the last publication and the final date for submitting proposals. Contracts must be awarded to the responsible firm whose proposal represents the best value to the Government, with price and other factors considered.
(k) The Commissioner of Property and Procurement shall use Requests for Proposals for:(1) professional services, including architectural/engineering services, accounting and auditing services, legal services, medical services, residential services, information technology services;(2) design-build construction projects where the Government will use one contractor for both the design and construction; where the construction activities are highly specialized, and a design-build approach is critical in developing construction methodology; or a design-build approach provides opportunities for greater innovation and efficiencies between the designer and the builder; or significant savings in project delivery time would be realized;(3) construction manager or general contractor construction projects where the Government will engage a construction manager during the design process to provide constructability input regarding scheduling, pricing, phasing and other input to help the Government design a more constructible project. The construction manager is generally selected based on qualifications, past experience or a best-value basis. At approximately an average of 60% to 90% design completion, the Government and the construction manager shall negotiate a “guaranteed maximum price” for the construction of the project based on the defined scope and schedule. If this price is acceptable to both parties, the Government shall select the construction manager for the construction services, and the construction manager shall become the general contractor.
(1) professional services, including architectural/engineering services, accounting and auditing services, legal services, medical services, residential services, information technology services;
(2) design-build construction projects where the Government will use one contractor for both the design and construction; where the construction activities are highly specialized, and a design-build approach is critical in developing construction methodology; or a design-build approach provides opportunities for greater innovation and efficiencies between the designer and the builder; or significant savings in project delivery time would be realized;
(3) construction manager or general contractor construction projects where the Government will engage a construction manager during the design process to provide constructability input regarding scheduling, pricing, phasing and other input to help the Government design a more constructible project. The construction manager is generally selected based on qualifications, past experience or a best-value basis. At approximately an average of 60% to 90% design completion, the Government and the construction manager shall negotiate a “guaranteed maximum price” for the construction of the project based on the defined scope and schedule. If this price is acceptable to both parties, the Government shall select the construction manager for the construction services, and the construction manager shall become the general contractor.
(l) The Commissioner of Property and Procurement shall use Requests for Qualifications in instances where the Government needs to pre-screen proposers to determine qualifications before requesting proposals under sections 236 or 239 or when the Government is seeking to make multiple awards at a pre-determined price, and the Government is seeking qualified respondents to participate in the solicitation.