(a) Supplies, material and equipment may be purchased and contractual services negotiated for, in the open market without observing the provisions of section 236 of this title provided—
(1) the Governor declares, in the public interest by Proclamation that a State of Emergency exists and specifies in such Proclamation those purchases and/or services which may be obtained without observing the provisions of said section 236;
(2) there exists a threat to public health, safety or welfare under emergency conditions as defined in regulations prescribed by the Commissioner; provided, that such emergency procurements shall be made with such competition as is maximally practicable under the circumstances; and provided further, that all procurements made pursuant to this item shall be clearly stamped “PUBLIC EXIGENCY”;
(3) the aggregate amount involved is not more than $50,000; provided however, that no more than one such purchase of the same supplies, materials, or equipment or contract for the same professional service shall be made by any agency or semiautonomous agency of the Government from any person, firm, partnership, or corporation in any 30-day period; and provided, further, that only the head of the department or agency or semiautonomous agency or the certifying officer is authorized to certify expenditures between $5,000 and $50,000 for open market purchases and negotiated contracts for services, made pursuant to this paragraph and provided further that at least three quotations be sought from the several vendors and the purchase be made from the best value;
(4) the purchase or contract is for professional services; provided that such services shall be procured by competitive negotiation, wherever practicable;
(5) the purchase or contract is for property or services to be procured and used outside the Virgin Islands; provided that such property or services shall be procured by competitive negotiation;
(6) the purchase or contract is for (a) medicine or medical, hospital, laboratory, surgical equipment and supplies; or (b) supplies, and equipment for the control and/or eradication of insects, pests, mosquitoes or grass diseases; or (c) supplies and equipment for the control and prevention of air and water pollution; or (d) agricultural products (as that term is defined by 7 V.I.C. § 11) which have been produced within the Virgin Islands.
(7) the purchase or contract is for property or material for authorized sale for agricultural purposes;
(8) the purchase or contract is for property or services for which it is impracticable to obtain competition;
(9) the purchase or contract is for equipment that is technical whose standardization and interchangeability of whose parts are necessary in the public interest and whose procurement by negotiation is necessary to assure that standardization and interchangeability.
(10) the purchase or contract is for property or services for which the bid prices received after formal advertising are unreasonable as to all or part of the requirements, or were not independently reached in open competition, and for which
(A) each responsible bidder has been notified of an intention to negotiate and a reasonable opportunity has been given to negotiate;
(B) the negotiated price is lower than the lowest rejected bid of any responsible bidder; and
(C) the negotiated price is the lowest negotiated price offered by any responsible supplier;
(11) negotiation of the price or a contract is otherwise authorized by law.
(12) the purchase is from the U.S. General Services Administration, the U.S. Superintendent of Documents, Government Printing Office, or is made under the terms of a contract of the General Services Administration, Federal Supply Service, and in the case of such purchases only, subsection (b) of this section shall not apply.
(13) the purchase or contract is for an aggregate amount not exceeding $25,000 and is made by the Commissioner of Property and Procurement on behalf of any department or agency of the Government of the Virgin Islands; provided all purchases and contracts shall be made on a competitive basis to the maximum extent possible.
(b) Where an open market purchase is made, or a contract for services negotiated for, pursuant to clauses (1) and (2) of subsection (a) of this section, the approval of the Governor shall be necessary and, in addition, if the purchase is made pursuant to clause (2) of subsection (a) of this section, the Commissioner of Property and Procurement shall attach to the requisition stamped “Public Exigency” a brief but concise description of the nature of the public exigency involved. Open market purchases and negotiated contracts for services made pursuant to all other clauses of such subsection may be made only after a full explanation of the circumstances requiring the purchase or contract have been filed with the Governor and the Commissioner of Property and Procurement and shall be open to public inspection. 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 or contracting to provide services to the Government, (2) the purchase made or service provided, and (3) the amount of each purchase or contract, made pursuant to this section.
(c) The data respecting the negotiation of each purchase or contract under subsection (a) of this section shall be kept by the Commissioner of Property and Procurement for six years after the date of final payment of the contract.
(d) The Commissioner of Property and Procurement shall purchase or contract for supplies, materials, equipment, and contractual services from suppliers in the Virgin Islands where—
(1) the total cost thereof to the Government does not exceed any more than 15 percent the cost of such supplies, materials, equipment, or contractual services if obtained from other than Virgin Islands supplier; and
(2) all other factors which pertain to the purchase or contract, including quality and availability, are substantially equivalent.
(e) The Commissioner of Property and Procurement may solicit bids from prospective vendors by mail or by telephone. The Commissioner of Property and Procurement shall keep a record of all open market purchases and the competitive bids submitted thereon. Such records shall be open to public inspection.
(f) Using agencies may make direct purchases, or contract for supplies, materials, equipment and contractual services in accordance with rules and regulations prescribed by the Commissioner of Property and Procurement and approved by the Governor.