(a) Issue requests for proposals for the design, financing, ownership, construction, repair, leasing, operation and/or maintenance of Solid Waste Disposal and Resource Recovery Facilities and of Desalination Facilities, such requests for proposals to be prepared by or on behalf of the Government. Proposals received shall be evaluated by the Authority, in the manner consistent with provisions set forth in the request for proposals. Evaluation may be based on a variety of factors including, but not limited to, net cost, net energy efficiency, environmental protection and overall system reliability;
(b) Negotiate with any proposer or proposers at any time prior to final award and make a contract award to any responsible proposer, based on a determination by the Authority that the selected proposal is most responsive to the request for proposals; Provided, however, the Authority shall possess the authority, in his sole discretion, to withdraw from negotiations at any time. If there is only one proposer, the Authority may either withdraw the request for proposals for possible reissuance at a later date, or if the proposer is responsible and responsive to the request for proposals, may negotiate with and make a contract award to such proposer. If there are no responsive and responsible proposers, the Authority may either withdraw the request for proposals for possible reissuance at a later date or may solicit a responsible person or persons to respond to the request for proposals and negotiate an agreement with such person or persons. Any contract awards made pursuant to the provisions of this subsection shall be subject to such modification as the Authority, in his sole discretion, may deem necessary to negotiate with the proposer. The obligations represented by the payment to be made in such contracts shall under no circumstances constitute a general obligation of the Virgin Islands;
(c) Contract with any person for the design, construction, financing, ownership, leasing, operation, repair and/or maintenance of Solid Waste Disposal and Resource Recovery Facilities and of Desalination Facilities and pay all or part of the cost of such facilities from the proceeds of (i) bonds, and (ii) other moneys available to the Government and appropriated for such purpose. Ownership of the Solid Waste Disposal and Resource Recovery Facilities and Desalination Facilities may reside in any person or persons. The obligations represented by the payment to be made in such contracts shall under no circumstances constitute a general obligation of the Virgin Islands;
(d) Contract with any person for the disposal of refuse, garbage and waste at Solid Waste Disposal and Resource Recovery Facilities or for the purchase, use or disposal of products, by-products or residue resulting from the operation of such facilities. Such contracts may be for such periods as agreed upon by the parties, but in no case may the duration of any contract, excluding financing, design and construction periods, exceed twenty years; Provided, That the contractor shall have the option, not later than four years prior to the expiration of the contract, to notify the Authority of its wishes to continue operations, not to exceed an additional 20 years, and to negotiate a new contract to that end. Such contracts may include provisions requiring the Authority to provide for the delivery of refuse, garbage and waste and to pay for the availability of the Solid Waste Disposal and Resource Recovery Facilities, such payments to be determined by formulae set forth in the contract. The obligations represented by the payment to be made in such contracts shall under no circumstances constitute a general obligation to the Virgin Islands.
(e) Contract with any person for the delivery of water produced by Desalination Facilities. Such contracts may be for such periods as agreed upon by the parties, but in no case may the duration of any contract exceed twenty years. Such contracts may include a provision requiring the Authority to accept fixed amounts of potable water processed by Desalination Facilities and to pay for the availability of such potable water. Such payment shall be determined water. Such payment shall be determined by formulae set forth in the contract. The obligations represented by the payment to be made in such contracts shall under no circumstances constitute a general obligation of the Virgin Islands;
(f) Contract with any person for the sale of potable water accepted by the Authority from the Desalination Facilities. All such payments received shall be deposited in the Water Purchases Revolving Fund established pursuant to the provisions of section 3048 of chapter 111, Title 33, Virgin Islands Code;
(g) Issue rules and regulations, or amend existing rules and regulations, to require all persons engaged in the business of collecting solid waste to deliver such solid waste to Solid Waste Disposal and Resource Recovery Facilities and to pay such fees as may be promulgated by the Authority. Payments received from such persons shall be transferred by the Authority to the Resource Recovery and Potable Water Revolving Fund established pursuant to Title 33, section 3055, Virgin Islands Code;
(h) Enter into contracts on behalf of the Government to acquire, purchase, own, hold, lease as lessee or use any Solid Waste Disposal and Resource Recovery Facility and/or Desalination Facility or property, real, personal or mixed, tangible or intangible, in connection with these facilities, and to sell, mortgage, lease as lessor, assign, transfer and dispose of any property or interest therein at any time acquired by the Government;
(i) Enter into other necessary contracts of every name and nature and execute all instruments which further the financing, design, development, construction, improvement, operation, repair and/or maintenance of Solid Waste Disposal and Resource Recovery Facilities and Desalination Facilities.