Procurement and Property

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The procurement of services and products for the Authority’s daily operations is the responsibility of this office. This ranges from the simplest purchase of a pen to a complex purchase of high end equipment which may cost upwards of thousands of dollars. This section ensures compliance with the Authority’s Procurement policies and procedures for all purchases, including competitive bids and sole source justification.

> Bid Announcements

Competitive Bidding

  1. Bidding

    All purchases for goods and services by VIWMA shall be made only after soliciting competing bids and choosing the most favorable of the competing offers.

    VIWMA shall advertise for bids sufficiently in advance of bid opening so that the Authority can provide appropriate notice and the opportunity for competition, however, if the cost of the good or service does not exceed two thousand, five hundred dollars ($2,500), advertisement for bids shall be waived.

    Purchases of $2,500 or less shall, wherever possible, be based on at least two quotations solicited by direct request to prospective suppliers. Such requests may be made by telephone or in writing. A record shall be made of all such quotations, and an award shall be made to the lowest bidder.

  2. Advertising for Bids

    A notice inviting bids (Invitation for Bids) shall be published in at least one newspaper for general circulation in the Virgin Islands, once per week for four (4) consecutive weeks, for a period of thirty (30) days prior to the date set for the opening of bids. The notice shall include a general description of the goods or services to be procured, shall state where bid forms and specifications are available for pickup, and shall state the time and place for the opening of bids.

    Bid deposits shall be required as stated in the Invitation for Bids.

    Bids shall be submitted to the Purchasing Supervisor in accordance with the Invitation for Bids.

    VIWMA reserves the right to reject any and all bids, parts of bids, or to waive any technicality in the bidding procedure when the Authority’s interests will be served thereby.

    A pre-bid conference is optional.

    Advertisement for bids shall not be required when:

    1. The cost of the good or service does not exceed two thousand, five hundred dollars ($2,500);
    2. an emergency requires immediate delivery of materials, supplies, equipment, or performance of services, or
    3. repair parts, accessories, or supplemental equipment or services are required for equipment, supplies, or services previously furnished or contracted for;
    4. professional, financial (including financial printing), or other expert services or work are required and VIWMA deems that, in the interest of good administration, it is best that such contracts be made without advertisement;
    5. prices are noncompetitive because there is only one source of supply or because prices are regulated under law.
  3. Bid Evaluation

    The Purchasing Department will analyze and evaluate all bids together with the head of the user department or his designee, or submit the bids to a Bid Evaluation Committee (“BEC”). The BEC shall consist of the Director of Administration and Finance or the Purchasing Supervisor, Port Attorney, head of the user department or designee, and Director of Engineering, in the case of construction or capital improvement projects or where technical services and/or equipment are involved. The BEC shall make recommendations to the Executive Director as to the award of a contract. The results of the evaluation shall be documented and included in the contract file.

    The BEC will be used to evaluate bids only when:

    1. the cost of the good or service to be procured is $50,000 or more;
    2. the good or service to be procured is of a highly technical nature;
    3. the Governing Board or the Executive Director specifically authorized the use of a BEC.
  4. Bid Award

    Contracts shall be awarded to the lowest responsive bidder. In determining the lowest responsive bidder, the following shall be considered in addition to prices:

    1. the ability, capacity and skill of the bidder to perform the contract;
    2. the ability of the bidder to perform the contract according to specifications, including requirements for timely delivery;
    3. the quality of performance on previous projects;
    4. the sufficiency of the bidder’s financial resources in relation to performing the contract;
    5. the character, integrity, reputation, judgment, experience and efficiency of the bidder;
    6. the ability of the bidder to perform future maintenance and services for the completed project.

    When the award is not made to the lowest bidder, a complete statement of the reasons for awarding the contract or placing an order elsewhere shall be prepared and made a part of the bid record.

    The Purchasing Department shall provide a written abstract of all bids received.

  5. Disputes and Appeals

    Dispute means any disagreement between contractors or potential contractors, suppliers or potential suppliers and VIWMA regarding a decision on mistakes-in-bidding, source selection, contract interpretation, termination for convenience, or default.

    All such disputes shall be submitted in writing to the Executive Director who will acknowledge receipt of the dispute within five (5) working days after receiving the dispute, and shall render a decision within 60 days of receiving the dispute. An appeal of the Executive Director’s decision may be made to the Governing Board. Such appeal must be submitted in writing to the Governing Board. The Governing Board shall review such appeals and take appropriate action. Hearing procedures and documentation shall be as set forth in the Administrative Procedure Act.

  6. Competitive Negotiations

    Competitive negotiations may be used if conditions are not appropriate for the use of formal advertising, or the group of all qualified suppliers is small and all the qualified suppliers are known to VIWMA. In competitive negotiations, proposals are requested from a number of prospective suppliers through the distribution of a Request for Proposal. VIWMA shall evaluate all responses to the Request for Proposal using, in addition, formal presentations by respondents, interviews with respondents, negotiations with respondents, and any other means appropriate and at the disposal of VIWMA. Either a fixed-price or cost-reimbursed type contract will be awarded to the finalist with the best offer.

  7. Non-competitive Negotiation

    Non-competitive negotiation is procurement through solicitation of a proposal from only one source, or after solicitation of a number of sources, competition is determined inadequate. Non-competitive negotiations may be used when the award of a contract is infeasible under competitive bidding or competitive negotiation. Circumstances under which a contract may be awarded under non-competitive negotiation are limited to the following:

    1. The item is available only from a single source.
    2. Public exigency or emergency.
    3. The Federal grantor agency authorizes non-competitive negotiations.
    4. After solicitation of a number of sources, competition is determined inadequate.
    5. The use of non-competitive negotiation is authorized by the Governing Board.
  8. Emergency Purchases

    An emergency is defined as any circumstance or condition which exists, and failure to take immediate action would result in harm to life, property, or inconvenience to the traveling public.

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