(a) All purchases of, and contracts for, supplies, materials, equipment, and contractual services, and all sales of personal property which has become obsolete and unusable, shall be based on competitive bids, except as provided in section 239 of this title. If the amount of the expenditure is estimated to exceed $50,000 or the amount of the sale if estimated to exceed $50,000 the contract shall be in writing. Notices inviting sealed competitive bids shall be published in the newspapers of general circulation within the Virgin Islands, and at least five calendar days shall intervene between the date of last publication and the final date for submitting bids. Such notices shall include a general description of the articles to be purchased or sold, shall state where bid blanks and specifications may be secured, and the time and place for opening bids and also where the property may be inspected.
(b) The Commissioner of Property and Procurement shall solicit sealed bids from all responsible prospective suppliers or purchasers who have requested their names to be added to the bidders' list, by sending them such notices as will acquaint them with the proposed purchase or sale. All pending purchases or sales shall also be advertised by a notice posted on a public bulletin board in the Department of Property and Procurement.
(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, cash, irrevocable letter of credit or bond in such amount as shall be prescribed in the public notice inviting bids. The bids shall be opened in public at the time and place stated in the newspaper notices. 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 bidder offering the most advantageous service to the government, quality offered, delivery terms and service reputation taken into consideration. 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. A bond or an irrevocable letter of credit 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) The Commissioner of Property and Procurement shall require all prospective bidders when submitting a bid to include a certification in writing from the Lieutenant Governor that the prospective bidder is registered with the Office of the Lieutenant Governor, maintains a business office in the Virgin Islands, has been licensed for at least one year by the Department of Licensing and Consumer Affairs to do business in the Virgin Islands and at the time of the submission of the bid has no outstanding tax liability.
(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.