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REVISION #3 Effective June 2, 2026 PROCUREMENT MANUAL Effective: November 21, 2022 Revision #1 Effective: July 31, 2023 Revision #2 Effective: February 5, 2025 Revision #3 Effective: June 2, 2026 SCHEDULE OF REVISIONS Page Section Revision Pg. 3 TOC Part 5 (Appendices) Updated and reordered Pg. 4 Section 1: Procurement in the U.S. Virgin Islands Government/Department of Property and Procurement Added text Pg. 5 Section 2: Division of Procurement/Office of Procurement, Contract Management and Reporting/GVIBUY Added text Pg. 9 Section 4: Acquisitions; Subsection 4.3.1.2 (RFPs) Deleted and added text Pg. 10 Section 4: Acquisitions; Subsection 4.3.2 Added text Pg. 11 Section 4: Acquisitions; Subsection 4.3.2.1 Deleted and added text Pg. 12 Section 4: Acquisitions; Subsection 4.3.2.2 Deleted and added text Pg. 13 Section 4: Acquisitions; Subsection 4.3.2.5 Added text Pg. 14 Section 4: Acquisitions; Subsection 4.3.2.5.1 Added text Pg. 22 Section 7: Requisitions and Purchase Orders Deleted and added text Pg. 25 Section 8: Request for Solicitations/Acquisitions; Subsection 8.2 Proof of Funding/Funding Source Deleted and added text Pg. 30 Section 9: The Formal Solicitation Process/Competitive Sealed Bidding; Subsection 9.6 Evaluation Committee Deleted and added text Pg. 33 Section 9: The Formal Solicitation Process/Competitive Sealed Bidding; Subsection 9.7 Evaluation, Approvals, Contract Awards, and Amendments; 9.7.2 RFPs Deleted and added text Pg. 35 Section 9: The Formal Solicitation Process/Competitive Sealed Bidding; Section 9.8 Contractor’s Supporting Document Deleted and added text Schedule of Revisions Revision #3 Effective: June 2, 2026 Pg. 38 Section 11: Contract Administration and Management; Subsection 11.1 Performance, Compliance, and Termination Deleted and added text Pg. 39 Section 11: Contract Administration and Management; Subsection 11.2 Options to Renew Deleted and added text Pg. 42 Section 12: Construction Contract Payments and Change Orders Deleted and added text Pg. 42 Section 13: Invoicing for Services and Payment Certification Added text Pg. 43 Section 15: The Virgin Islands Department of Justice Deleted and added text Pgs. 45-46 Section 16: Glossary of Terms, Funding Source Deleted and added text Pg. 47 Section 16: Glossary of Terms, Requisition Added text Pg. 49 Section 17: Frequently Asked Questions Deleted and added text Pg. 52 Appendices Updated and reordered Page | 1 ~ Government of the U.S. Virgin Islands Department of Property and Procurement ~ Procurement Manual PROCUREMENT MANUAL Effective: November 21, 2022 Revision #1 Effective: July 31, 2023 Revision #2 Effective: February 7, 2025 Revision #3 Effective: June 2, 2026 TABLE OF CONTENTS Part 1: Introduction and Overview Section 1: Procurement in the U.S. Virgin Islands Government/Department of Property and Procurement……....4 Effective Date….…......…………………………………………………………………………………4 Section 2: Division of Procurement/OPCMR/GVIBUY …………………………………………………….…….5 Section 3: Standards of Conduct…………………………………………………………………………...……….6 Part 2: Guiding Principles and General Acquisition Planning Section 4: Acquisitions……….…………………………………………………….……………………………….7 4.1 Identifying the Need………………………………………………………...…………………………7 4.2 Acquisition Planning………………………………………………………...………………………...7 4.3 Methods of Acquisition………………………………………………………...…………………...…7 4.3.1 Formal Solicitations / Competition.…...……………………………………………….……7-8 4.3.1.1 IFBs...…...……………………………………………..………………………...…8-9 4.3.1.2 RFPs ….…...………………………………………………..…………………….9-10 4.3.1.3 RFQs …………………………………………………………………......................10 4.3.2 Open Market Purchases..……………………………...………..…………...………………...10 4.3.2.1 Procedures for Acquisitions up to and including $10,000.00.....….…………...……11 4.3.2.2 Procedures for Acquisitions Between $10,000.01 and $150,000.00……….….…...12 4.3.2.3 Department of Education (Small-purchase Authority) Acquisitions…….....……....13 4.3.2.4 Bureau of School Construction and Maintenance Acquisitions……..…………......13 4.3.2.5 Emergency and Public Exigency Acquisitions…...………………………………...13 4.3.2.5.1 Emergency Acquisitions…...…….…………………………………..…13-14 4.3.2.5.2 Public Exigency Acquisitions...………………………………..……….14-15 Page | 2 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual 4.3.2.6 Federal Agency Acquisitions.……………………………………………………....15 4.3.2.7 First Responder Exemption……………………………………………………..15-16 4.4 Authority for Procurements of $1,000,000.00 or Less….………………………………...………….16 4.5 Delegated Procurement Activity……………………………………………………...…………..16-18 Section 5: Types of Contracts…..……………………………………………….…...…………………………….18 5.1 Supply Contracts………………………………………...………...……………………….……..18-19 5.2 Professional Services Contracts…...……………………………………...…………....................18-19 5.3 Task Order Contracts………………………………………………………...………….…….……...19 5.4 Construction Contracts….…………………………………………………...…..…….……….…19-20 Section 6: Federal Funds…………………………………………….…………...………………………………..20 Part 3: Procurement of Goods and Services Section 7: Requisitions and Purchase Orders….…………………………..………...…...………………….……..21 Section 8: Requests for Solicitations / Acquisitions.…………………….….….…………...……………………..21 8.1 Justification Letters……………………………………………………...………………….21-22 8.1.1 Requests for Formal Solicitations ..………………..….…………....……………………..22-23 8.1.2 Requests for Acquisitions Pursuant to 31 V.I.C. § 239 ……………..….…………..........……23 8.2 Proof of Funding/Funding Source…..…………………………….…………...……………………..24 8.3 Scope of Work/Services..…...…………………………………….……...…………...…………..24-25 Section 9: The Formal Solicitation Process/Competitive Sealed Bidding……..………………..…...……………25 9.1 Advertisement and Notice ……….…...……………………………………….....………………..25-26 9.2 Preferred Bidders ………………………….......…………………………….……………………26-27 9.3 Bid Submission and Requirements ………………….……….......……………...………….…….26-27 9.4 Solicitation Issuance and Response ………………………….......……………...……………………27 9.5 Submission in GVIBUY………………………….......………………..……….…………………….28 9.6 Evaluation Committee ………………………….......………………………..……….………..…28-29 9.7 Evaluation, Approvals, Contract Awards, and Amendments.….…....….…….….………..……..29-30 9.7.1 IFBs...……………………….......………………………………………………………..30-31 9.7.1.1 Additional Steps for Construction Contracts Only...……….….….………….....30-31 9.7.2 RFPs ......….………………….......……………………………………….…...………….32-33 9.8 Contractor’s Supporting Documents………………………….......……………….……..…………..34 Part 4: Post Award Section 10: Protests and Debriefing …………………........……………………..………………………………..35 10.1 Bid Protests………. …………………….……………….…………………..……………………….35 10.2 Debriefing ………………………….......……………….………………..………………………......35 Section 11: Contract Administration and Management ......………………………...……………………………..36 11.1 Performance, Compliance, and Termination………………………….………………………...36-37 11.2 Options to Renew...………………….………………….…….……………………….……………38 11.3 Bonds……………………………………………………………………….………………………39 Page | 3 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual Section 12: Construction Contract Payments and Change Orders …….…………………………………………..40 Section 13: Invoicing for Services………………………………………….………………………………….…..40 Section 14: Record Management and Retention…….…………………………...………………………...………41 Part 5: General Guidance Section 15: The Virgin Islands Department of Justice……....……………………………………...……..………42 15.1 Memorandums of Agreement and Understanding......……………………………….........…..……..42 Section 16: Glossary of Terms…………………………………..........…………………….…………………..43-47 Section 17: Frequently Asked Questions ...………………………………........…………….………………….48-49 Section 18: Contact Information ...…………………...………………………………………………………….....50 Section 19: Sources / Appendices.…………………………………………………………………………..……..51 Appendix A: DPP’s Fillable Justification Letter Form Appendix B: Professional Services Contract Up to $1Mil Template Appendix C: Professional Services Contract Over $1Mil Template Appendix D: Evaluation Committee Rules and Procedures Appendix E: Required Contract Supporting Documents Appendix F: Contract Checklist for User Agency Appendix G: Amendment to PSC Template Up to $1Mil Appendix H: Amendment to PSC Template Over $1Mil Appendix I: Memorandum of Understanding Template Appendix J: Memorandum of Agreement Template Up to $1Mil Appendix K: Memorandum of Agreement Template Over $Mil Appendix L: Executive Order No. 493-2019 Appendix M: Executive Order No. 507-2020 Page | 4 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual Part 1: Introduction and Overview Section 1: Procurement in the U.S. Virgin Islands Government/Department of Property and Procurement This Procurement Manual is developed to establish and improve policies and procedures for the planning, solicitation, award, and management of procurement and contracting services for the executive branch of the Government of the United States Virgin Islands (GVI). Pursuant to Title 31, Chapter 23 of the Virgin Islands Code, the Department of Property and Procurement (DPP) is the Executive Agency of the GVI with the statutory authority and responsibility for the acquisition of all goods and services for the executive branch of the GVI. As GVI’s Contracting Officer, solely the Commissioner of DPP has the authority to purchase or contract for supplies, materials, equipment, and services for all GVI’s executive branch departments, offices, boards, institutions, and other agencies except for the judicial and legislative branches of the GVI. Only the Commissioner of DPP has the authority to approve purchases and award contracts. Thus, no department has independent procurement authority unless it is authorized pursuant to statute or delegation or waiver from the Commissioner of DPP. DPP’s Mission “to administer a sustainable and value-based system of procurement and property management focused on fostering stakeholder relationships, incentivizing technology, furthering process improvements and building public trust” is at the forefront of its endeavors as it improves government operations in the revision of this Procurement Manual. As such, DPP expects that the use of this Procurement Manual will promote heightened competencies in all personnel and stakeholders involved, thereby ensuring the best practices are accomplished as the people of the U.S. Virgin Islands are served. This Procurement Manual and its subsequent revisions supersede and replace all previously issued versions and any other memoranda or correspondence on the same subject matter, and the DPP reserves the right, at its sole discretion, to update, delete, change, suspend, discontinue, or otherwise alter the content, in whole or in part, at any time, with or without notice. It is incumbent upon the users of the Procurement Manual to keep abreast of the policies and procedures and all the platforms (namely: GVIBUY (buyspeed.com) and DPP’s Official Website https://dpp.vi.gov) that are applicable to doing business with the Government of the United States Virgin Islands. APPROVED and ADOPTED: Lisa M. Alejandro Commissioner Department of Property and Procurement Issuance Effective Date: November 21, 2022 Revision #1 Effective: July 31, 2023 Revision #2 Effective: February 7, 2025 Revision #3 Effective: June 2, 2026 Page | 5 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual Section 2: Division of Procurement / Office of Procurement, Contract Management and Reporting / GVIBUY The Commissioner of DPP is statutorily required to provide for an economic and efficient system for the procurement of all property and non-personal services for the executive branch of the GVI. The Commissioner is also required to provide a system for related functions, such as the development and implementation of related procedures and forms, and the retention and disposal of documents and records. The Division of Procurement at DPP is responsible for fulfilling the Department’s procurement and contracting mandates. The Division has a firm commitment to a procurement system that provides quality, integrity, and timeliness of service to all user agencies, the business community, and the people of the U.S. Virgin Islands. Some of the responsibilities of the Division of Procurement include the issuance of Invitations for Bids (IFBs), Requests for Proposals (RFPs), and Requests for Qualifications (RFQs); drafting, reviewing, processing, and awarding of supply and construction contracts; drafting, reviewing, processing, and awarding professional services contracts; reviewing and approving construction contract change orders; and processing of requisitions. The Office of Procurement, Contract Management and Reporting (OPCMR), situated under the Division of Procurement, was established to develop a centralized procurement and contracting management organizational structure within the executive branch. The goal of its establishment is to attain the highest possible efficiency in operations, greater accountability, and cost effectiveness in the delivery of services to the people of the U.S. Virgin Islands. The OPCMR is comprised of procurement staff from each executive branch agency charged with procurement functions on behalf of each agency. The OPCMR is responsible for directing, coordinating, and managing the executive branch’s procurement activities. The OPCMR shall direct and coordinate the executive branch’s procurement activities related to procurement plans, contract management, procurement reporting, procurement analyses, and compliance with the budget and financial plan of the Government of the Virgin Islands. Additionally, the DPP OPCMR staff provides direction and ongoing trainings to subordinate units across departments within the executive branch, occasional trainings to semi-autonomous agencies, and is also charged with oversight and enforcement over procurement activities. In effectuating the executive branch’s procurement activities, the GVI utilizes GVIBUY, which is the official system of record for government acquisitions, contract management and approvals, contract retention, invoicing, and vendor relations. All department end users must become familiar with GVIBUY, and vendors interested in or intending to do business with the GVI must register to use GVIBUY and respond to solicitations within the system. Questions about GVIBUY can be directed to gvibuy@dpp.vi.gov and the official website is https://gvibuy.buyspeed.com. Page | 6 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual Section 3: Standards of Conduct The exercise of procurement for the executive branch of the Government of the United States Virgin Islands (GVI) requires strict adherence to the procurement laws codified in Title 31, Chapter 23 (Procurement and Sale), of the Virgin Islands Code; Title 33, Chapter 113 (Appropriations), Sections 3101 and 3103 of the Virgin Islands Code; the corresponding Rules and Regulations of Title 31, Chapter 23 and Title 33, Chapter 113; Executive Order No. 477-2016; Executive Order No. 493-2019; Executive Order No. 507-2020; and this Procurement Manual (collectively referred to herein as “Procurement Rules”). Title 31, Virgin Islands Code, Chapter 23 (Procurement and Sale), Sections 234, 248, and 249, and Title 33, Virgin Islands Code, Chapter 113 (Appropriations), Sections 3101, 3103 and 3109, prohibit the unauthorized obligation of government funds and permit the imposition of fines and may be grounds for imprisonment for violators. For example, 31 V.I.C. 249 renders null and ineffective any purchase order or contract executed in violation of Chapter 23 (Procurement and Sale) and the rules and regulations promulgated for its enforcement. It also indicates that any person who violates the provisions of Chapter 23 shall be fined not more than $1,000.00 or imprisoned not more than one year or both. Additionally, 33 V.I.C § 3109 indicates that in addition to any penalty or liability under other laws, any officer or employee who violates Section 3101 may be subjected to administrative discipline and may criminally face a fine not exceeding $10,000.00 or imprisonment of not more than five (5) years, or both. Title 31, Virgin Islands Code, Chapter 23, section 234(b) goes further to make persons personally liable for the purchase price of articles purchased in contravention of the Chapter 23 and allows them to be summarily dismissed from employment without regard to the provisions of Chapter 25 of Title 3 of the Virgin Islands Code for such violations of law. Most importantly, Title 3, Chapter 37 (Conflicts of Interest), Section 1102 of the Virgin Islands Code prohibits officers or employees of GVI from having any interest financial or otherwise, direct or indirect, which conflicts with the discharge of his or her duties. This conflict-of-interest prohibition is fundamental to persons who are in positions of trust such as those employees who work in the procurement environment. Employees are also required to follow GVI’s Code of Ethical Conduct (Executive Order No. 540-2025), which establishes a code of ethical conduct for all executive branch employees (i.e., classified, unclassified, appointed officials, temporary and contractual employees) to prescribe and establish certain basic principles and standards of ethical conduct which the Government requires to be observed in the handling of its affairs. Observance and maintenance of the highest standards of ethical conduct by GVI’s officers and employees are essential to preserve the integrity of the Government. Officers and employees have a responsibility, as public servants, to carry out and execute in good faith the established programs and policies of the GVI. Accordingly, compliance with the Code of Ethical Conduct and laws governing procurement is of utmost importance. Strict adherence to these Procurement Rules is critical to an efficient, effective, and timely process that benefits the department end users, the business community, and the people of the U.S. Virgin Islands. Department end users and GVI’s procurement staff have a fiduciary responsibility to understand the Procurement Rules that govern the procurement process and procure goods and services exercising good judgment in accordance with the Procurement Rules. Likewise, the business community has a fundamental responsibility to understand the obligations and responsibilities associated with doing business with the GVI. As noted, any deviation from the Procurement Rules, and any other applicable rules, regulation, or the like, is a possible violation of Virgin Islands laws and may be grounds for the imposition of fines and imprisonment for violators and discipline, including termination from employment, for employees. Page | 7 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual Part 2: Guiding Principles and General Acquisition Planning Section 4: Acquisitions 4.1 Identifying the Need The term “procurement” means the acquisition of supplies, materials, equipment, and services (including construction) by means such as purchasing, leasing, or contracting. It includes all stages of the process of acquiring the goods or services, beginning with the process for determining a need for the goods or services, planning, sourcing, negotiating, contract administration, contract management, payment certification, and ending with contract closeout and retention. The terms procurement and acquisition are sometimes used interchangeably. All Executive Branch Agencies shall first identify the goods and services the agency needs. Once the need is determined, planning is paramount to determining the appropriate method of acquisition and budgetary requirements for fulfilling the need in a timely manner and at a responsible cost. The agency’s contracting personnel generally will spearhead and determine what type of acquisition procedures must be used utilizing guidance under this Procurement Manual for aspects including the type of solicitation and contract. Following the Procurement Rules and the processes described in this Procurement Manual will result in an efficient procurement process. 4.2 Acquisition Planning Acquisition planning incorporates all activities, events, and efforts of all the personnel necessary to satisfy the government’s needs. Executive Branch Agencies must plan to determine how the need will be fulfilled by optimizing resources, conducting market research and cost analysis, determining the most effective acquisition method, and developing clear and concise scopes of services. Planning enables agencies to stay within budget, plan for future allotments, expend funds timely, and acquire best value services. Overall, acquisition planning answers the “who-what-when-where-why-how” to ensure the government acquires its needs, within budget, when they are needed. 4.3 Methods of Acquisition The GVI utilizes two methods for procuring goods and services: 1) Open Market Purchases; and 2) Formal Solicitations/Competition. 4.3.1 Formal Solicitations / Competition Pursuant to Title 31, Chapter 23, Section 235, all purchases of and contracts for supplies, materials, equipment, and contractual services must be conducted in a manner providing for full and open competition. Section 235 requires that all procurement transactions must be conducted through competitive bids or competitive proposals. Likewise, Section 236 (a) requires competition in all purchases of and contracts for supplies, materials, equipment, and contractual services (except as provided for in Section 239(a)) and includes all sales of obsolete and unusable personal property. The Formal Solicitation or Advertising process utilizes either an Invitation for Bids (IFB) or Request for Proposals (RFP) depending on the type of procurement. Requests for Qualifications (RFQs) are used to pre-screen proposers to determine qualifications before requesting proposals under Sections 236 or 239(a) 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. Page | 8 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual The solicitation document that is issued is significant because it conveys all the information potential respondents need to respond to the solicitation. It will identify the GVI’s needs and provide the who, what, where, when, why, and how of a solicitation. Some of the information that this solicitation document will include are (this is not an exhaustive list):  Department/Agency that will be receiving goods/services  Department/Agency’s location and location where goods/services are to be provided  Specifications, requirements, terms and conditions, and other delivery information  Solicitation identification number  Due date, time, and location  Whether there is a mandatory pre-bid meeting (and the date, time, and location)  Contact person and contact information  Additional pertinent information required by the solicitation Regardless of what solicitation is issued, all expenditures made must be in writing and shall be formally advertised in various advertising mediums including but not limited to traditional newspapers, online publications, the Department of Property and Procurement’s website, and databases of the Federal Government used by the General Services Administration. In advertisements for RFPs, pursuant to Section 236 (j), all advertisements will identify all evaluation factors and the relative importance (including qualifications, responsiveness, experience, past performance, responsibility, and cost). The evaluation, selection, and contracting process is conducted and managed by DPP. DPP may assign the contract administration process to User Agencies that have the appropriately skilled staff and capacity. 4.3.1.1 IFBs An Invitation for Bid (IFB) is an advertisement for vendors to submit a bid on a project for a specific product or service. While an IFB is similar to an RFP (Request for Proposal), it is concerned with the pricing more so than the conceptual ideas of the project. Similar to all other types of bids, an IFB is generally awarded to the bidder who submits the lowest bid and proves to be responsive and responsible. There are other factors that are considered, such as the quality of products and/or expertise needed to carry out a certain project. An IFB does not require a response to how the project scope will be accomplished by the vendor but rather the cost the vendor will charge to carry out the scope. IFBs will be the method of procurement for construction contracts in excess of $150,000.00 and for all supply contracts for goods and services. The selection criteria pursuant to Section 236 (c) is 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.” All acquisitions in these categories must be formally solicited through the Department of Property and Procurement and shall be formally advertised as described in Section 9.1 (Advertisement and Notice). The Executive Branch Agency must submit: For construction contracts: (a) A written request to the DPP Commissioner signed by the Agency Head requesting the solicitation (meeting the criteria in Section 8.1.1 (Requests for Formal Solicitations), (b) Specifications and drawings approved by DPW, (c) Plans, permits, and licenses approved by the applicable agency(ies), (d) DPW Engineer’s Estimate (and blank bid sheet), Page | 9 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual (e) Project completion timeline, and (f) Proof of funding (meeting the criteria in Section 8.2 (Proof of Funding/Funding Source)). For supply contracts: (a) A written request to the DPP Commissioner signed by the Agency Head requesting the solicitation (meeting the criteria in Section 8.1.1 (Requests for Formal Solicitations)), (b) Scope of Services or blank bid sheet for supply contracts, and (c) Proof of funding (meeting the criteria in Section 8.2 (Proof of Funding/Funding Source). 4.3.1.2 RFPs A Request for Proposal (RFP) is a solicitation by a government entity or agency for products or services from public contractors. By law, government agencies are required to issue solicitations publicly whenever they need a specific product or service. This is standard policy to prevent “insider bidding,” where companies are being awarded contracts secretively. It is also beneficial for the government agency itself because it creates competition, resulting in lower prices for the project. An RFP requests that the proposer put forth a proposal that represents the best value to the solicitor, considering the price and other evaluation factors. Commonly, RFPs are issued when the selection of a supplier cannot be made solely based on the lowest price. It is used to procure the most responsive solution based upon a number of evaluation criteria identified in the RFP. Hence, when advertised, the RFP is required by Section 236 (j) to identify all evaluation factors, including price, “qualifications, responsiveness, experience, past performance, responsibility, cost, and their relative importance.” All responses to the RFP are considered to the maximum extent possible. Additionally, “[c]ontracts must be awarded to the responsible firm whose proposal represents the best value to the Government, with price and other factors considered.” RFPs will be the method of procurement for all professional services contracts in excess of $150,000.00. Department User Agencies cannot procure professional services costing more than $150,000.00 through exemptions and in-house procedures. See Section 4.5 (Delegated Procurement Activity) All acquisitions in this category must be formally solicited through the Department of Property and Procurement and shall be formally advertised as described in Section 9 (The Formal Solicitation Process / Competitive Sealed Bidding). The Executive Branch Agency must submit: (a) A written request to the DPP Commissioner requesting the solicitation (meeting the criteria in Section 8.1.1 (Requests for Formal Solicitations)), (b) Scope of Services, (c) Proposed Source Selection/Evaluation Criteria (subject to DPP approval), (d) Project completion timeline, and (e) Proof of funding (meeting the criteria in Section 8.2 (Proof of Funding/Funding Source)). As indicated in Section 236(k), the Commissioner of DPP shall use Requests for Proposals for the following types of services: (1) professional services, including architectural/engineering services, accounting and Page | 10 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual 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, etc., and at the 60% to 90% design completion, where the Government can negotiate a guaranteed maximum price for the construction with the construction manager. Additionally, RFPs will be utilized 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. 4.3.1.3 RFQs A Request for Qualification (RFQ) allows vendors and contractors to provide a quotation on a specific product or service that is intended to be procured or obtained. Unlike some other requests, RFQs are not solely based on the price which the vendor or contractor provides to perform the service or provide the product. RFQs are based on various aspects of the type of job to be performed or product to be supplied. Before the winning contractor/vendor is awarded, some determining factors are considered, including but not limited to the length of time it will take the vendor to complete the project and the price for items. Section 236 (l) requires the Commissioner of Property and Procurement to use an RFQ in the following instances: (1) when the Government needs to pre-screen proposers to determine qualifications before requesting proposals under Sections 236 or 239(a), or (2) when the Government is seeking to make multiple awards at a pre-determined price and is seeking qualified respondents to participate in the solicitation. 4.3.2 Open Market Purchases Open Market Purchases are items procured without going through the formal bidding process required by Title 31, Chapter 23, Section 236 of the Virgin Islands Code. Section 239 indicates thirteen (13) exemptions where supplies, material, and equipment may be purchased, and contractual services negotiated for without observing the provisions of Section 236. Open Market Purchases are negotiated in accordance with the Procurement Rules, SOPP-DPP-PROC-002-2026 (Requisitions), SOPP-DPP- PROC-003-2026 (Informal Bid Solicitations), and SOPP-DPP-PROC-004-2026 (Purchase Orders). The most commonly used exemptions are described below:  31 V.I.C. § 239 (a)(4): Procedures for Acquisitions up to and including $10,000.00  31 V.I.C. § 239 (a)(3): Procedures for Acquisitions Between $10,000.01 and $150,000.00  17 V.I.C. § 60 (d): Department of Education Acquisitions (Small-purchase Authority)  3 V.I.C. § 102: Bureau of School Construction and Maintenance Acquisitions  31 V.I.C. § 239 (a)(2): Public Exigency Acquisitions  31 V.I.C. § 239 (a)(12): Federal Agency Acquisitions  31 V.I.C. § 239 (a)(13): First Responder Acquisitions Page | 11 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual 4.3.2.1 Procedures for Acquisitions up to and including $10,000.00 (Micro Purchase Threshold) In accordance with Title 31, Chapter 23, Section 239(a)(4), for all purchases up to and including $10,000.00, an Executive Branch Agency must: (a) Obtain one (1) quotation/estimate utilizing GVIBUY by doing the following. (b) Enter a requisition in GVIBuy in accordance with SOPP-DPP-PROC-002-2026 (Requisitions). Upon approval of the requisition, the agency will conduct an informal bid solicitation in accordance with SOPP-DPP-PROC-003-2026 (Informal Bid Solicitations). Once the informal bid solicitation is complete and an award is made, a purchase order will be generated. (c) Once the purchase order is placed in sent status, proceed to make the purchase. Note the following: (a) No justification letter is needed. (b) The quote selected and received must be reasonable based on market research. (d) It is illegal to intentionally divide highly valued purchases (exceeding $10,000.00) into smaller purchases (i.e., split purchases) to avoid solicitation thresholds. (e) An agency cannot use the Micro Purchase Threshold process to make purchases on a recurring/repeat basis from one person, partnership, or corporation in a fiscal year (i.e., all micro – purchases for a particular item or service should not be made all year round from the same vendor). (f) Only an agency head can certify expenditures; meaning an agency head cannot delegate procurement authority to a designee, subordinate, or any other employee of the agency. Examples of when this exemption may apply include (this list is not exhaustive):  The contracted vendor is unable to fulfil the quantity of a product that is subject to a supply contract during the period in which the agency needs the product;  Low-cost items are not purchased frequently enough during a fiscal year to necessitate a supply contract;  The User Agency has a limited need for a particular product or service; i. For example: the Agency is not subject to the janitorial service contract because agency has janitorial staff, janitorial staff is on leave, but agency needs janitorial services for a two (2) week period. This exemption does not apply in the following circumstances: (a) Services/acquisition of goods subject to a valid Government of the Virgin Islands Supply or Task Order Contract; See Section 5 (Types of Contracts)  Examples include but are not limited to janitorial services, landscaping, exterminating, purchase of groceries, routine generator and HVAC maintenance, delivery of office supplies, trash removal services, etc. (b) Foreseeable and routine services for an agency which can be addressed through a Supply or Task Order Contract;  Examples include but are not limited to routine plumbing and electrical services for agencies with multiple locations and facilities. (c) Items in stock at DPP’s Central Stores or services provided by DPP’s Division of Transportation or the Print Shop; and (d) Use of the same vendor every time the need arises. Page | 12 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual 4.3.2.2 Procedures for Acquisitions Between $10,000.01 and $150,000.00 (Simplified Acquisition Threshold) In accordance with Title 31, Chapter 23, Section 239(a)(3), for purchases/professional services and construction contracts where the aggregate amount involved is between $10,000.01 and $150,000.00, the Executive Branch Agency must: (a) Obtain at least three (3) independent and equivalent quotations via GVIBUY and make a selection based on the best value to the Government, price, and other factors considered. (b) Enter the requisition in GVIBuy in accordance with SOPP-DPP-PROC-002-2026 (Requisitions) . Upon approval of the requisition, the agency will conduct an informal bid solicitation in accordance with SOPP-DPP-PROC-003-2026 Informal Bid Solicitations). Once the informal bid solicitation is complete and an award is made, a purchase order (Master Blanket Purchase Order or Open Market Purchase Order) will be generated. (c) Once the purchase order is placed in sent status, proceed to make the purchase. Note that some purchases might require the execution of a contract depending on the nature of the goods and services (e.g., software development, delivery and installation of generators, etc.). The Simplified Acquisition Threshold process is to be conducted, when applicable, in accordance with Section 232 (7) of the Virgin Islands Code. See Section 4.5 (Delegated Procurement Activity). Note the following: (a) All agencies must use GVIBUY to obtain quotations. (b) It is illegal to split purchases to avoid solicitation thresholds. (c) An agency cannot make the same purchase or contract for the same services on a recurring/repeat basis from one (1) person, firm, company in a fiscal year. (d) Only an agency head can certify expenditures - meaning an agency head cannot delegate procurement authority to a designee, subordinate, or any other employee of the agency. (e) Agencies cannot use the Simplified Acquisition Threshold process for acquisitions that are subject to the Government’s supply contract process run by DPP. (f) If the lowest quotation is selected, no justification letter is required. (g) A justification letter is required IF the lowest quotation is not selected, or if the user agency is unable to obtain the required three (3) quotations (in which instance user agency must still furnish proof of its efforts to obtain the required number of quotations). (h) All acquisitions meeting DPW’s definition of construction work (including but not limited to new buildouts, alterations, installations, conversions, retrofitting, refurbishment, demolition, structural maintenance, and repairs of Government-owned property and Government-leased property) will require DPW’s approval on the scope of work, using DPW’s standard engineer review and estimate process, and DPW’s approval on the justification letter. (i) All technology-based acquisitions require BIT approval, and all vehicle acquisitions require VIEO (and DPP) approval. (j) Justification letters are only accepted from agency heads. For professional services and construction services, a contract is still required to effectuate the purchase. Page | 13 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual 4.3.2.3 Department of Education (Small-purchase Authority) Acquisitions Pursuant to Title 17, Chapter 5, Section 60d, notwithstanding the provisions of Title 31 governing acquisitions handled by DPP, the Department of Education has the authority to purchase or contract for all supplies, materials, equipment and contractual services, if the cost of purchase or contract does not exceed $250,000.00. The Department of Education shall follow the Procurement Rules regardless of the statutory authority of Title 17. 4.3.2.4 Bureau of School Construction and Maintenance Acquisitions Pursuant to Title 3, Chapter 7, Section 102(e), the Executive Director of the Bureau of School Construction and Maintenance “may procure goods and services and enter into contracts for architectural, construction, engineering and maintenance-related projects not to exceed $1,000,000.00 without the need to comply with title 31 Virgin Islands Code, chapter 23. All acquisitions for goods and services for more than $1,000,000.00 shall be in compliance with Chapter 23 and these Procurement Rules. 4.3.2.5 Emergency and Public Exigency Acquisitions Under limited circumstances, open market purchases can be made, without competition (per Section 236), under the emergency provisions in Title 31, Virgin Islands Code, Chapter 23, Section 239(a)(1), where a public emergency has been declared by the Governor of the Virgin Islands or in Section 239(a)(2), where a public exigency exists. The Department of Property and Procurement will determine the applicability of the exceptions. All acquisitions under these sections must be approved by the Governor and any applicable resultant contracts reviewed by the Department of Justice for legal sufficiency. The following outlines the procedure and documentation required to expedite the processing of an acquisition pursuant to Section 239(a)(1) or Section 239(a)(2). The Executive Branch Agency must conduct the procedures outlined in SOPP-DPP-PROC-003-2026 (Informal Bid Solicitations) for these acquisitions and submit a justification letter using Appendix A: DPP’s Fillable Justification Letter Form that: 1) Demonstrates the need for the supplies or services or the way in which the statement of work meets a legitimate government need; 2) Cites the authority pursuant to Title 31, Virgin Islands Code, Chapter 23, Section 239(a)(1) or Section 239(a)(2); 3) Describes the purpose and reason for the request, the methodology for the selection process, and the rationale for selecting the prospective contractor; 4) Identifies the funding source; and 5) Is approved by the Agency Head. See Section 8.1.2 (Requests for Acquisitions Pursuant to 31 V.I.C. § 239). 4.3.2.5.1 Emergency Acquisitions Pursuant to Title 31, Virgin Islands Code, Chapter 23, Section 239(a)(1), supplies, materials, and equipment may be purchased, and contractual services negotiated for, in the open market without competition (per Section 236), when the Governor declares by proclamation that a State of Emergency exists. In addition to the requirements noted above, the Executive Branch Agency must: Page | 14 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual STEP 1: Submit to the Commissioner of DPP via email or utilizing the alternate procedures in SOPP-DPP-PROC-002-2026 (Requisitions) and SOPP-DPP-PROC-003-2026 (Informal Bid Solicitations), a request to proceed pursuant to 31 V.I.C. § 239(a)(1). The request must be accompanied by the following documents: 1) A justification letter compliant with Section 8.1.2 (Requests for Acquisitions Pursuant to 31 V.I.C. § 239) 2) A copy of the Governor’s Proclamation (declaring the emergency) 3) In cases where another agency must concur in the procurement, the User Agency must furnish documentation that the project has been approved. (E.g., Department of Public Works must approve construction projects, DPNR must approve permits, etc.) 4) A minimum of three (3) signed independent quotations from different prospective contractors to perform the statement of work or supply the goods. This shows that competition was obtained. If the User Agency is unable to obtain three independent quotations, the User Agency should sufficiently explain in the justification letter the reasons it was not able to obtain a minimum of three quotations. 5) A copy of a valid business license, certificate of government insurance, and all other corporate documents from the prospective contractor. See Section 9.8 (Contractor’s Supporting Documents) STEP 2: After reviewing the submission, the Commissioner will make a determination regarding the request. If the User Agency is granted approval to proceed, the User Agency shall proceed to Step 3. If it is not granted approval, it may re-submit the request correcting all deficiencies or otherwise following the guidance of the Commissioner. STEP 3: The Executive Branch Agency shall submit its requisition in GVIBuy in accordance with SOPP-DPP-PROC-002-2026 (Requisitions) to DPP for approval. The submission must be accompanied by a copy of the documents indicated under Step 1. See Section 7 (Requisitions and Purchase Orders) STEP 4: Once the Executive Branch Agency’s requisition is approved and it receives the PO, the Executive Branch Agency must draft the professional services contract and submit it for review or otherwise follow the recommendations in the justification letter form.  If the procurement is for construction, the Division of Procurement will prepare a construction contract upon approval and receipt of the information outlined above and the PO.  If the procurement requires a supply contract or emergency task order contract, the Division of Procurement will prepare the contract upon approval and receipt of the information outlined above and the PO. 4.3.2.5.2 Public Exigency Acquisitions Pursuant to Title 31, Virgin Islands Code, Chapter 23, Section 239(a)(2), a public exigency exists when such immediate action is required due to sudden, unexpected, and unforeseen occurrence, happening or condition. For public exigency to apply, the need must be urgent and was not allowed to develop because of negligence or oversight. For example, this authority shall be used when property or services are immediately needed because of a fire, flood, explosion, or other disaster. Page | 15 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual Section 239(a)(2) may be used when it has been established that the department or the Government would be seriously injured, financially or otherwise, if the purchase or contract were not effectuated in order to have the services or materials, supplies, or equipment on a day certain and when they could not possibly be procured by that time by means of formal advertising. Additionally, this authority may also be used when: a) Parts or services are immediately required to effect urgent repairs to machinery or equipment in order to minimize delay in service and downtime of such machinery or equipment. b) Developments in connection with any essential government activity require the immediate purchase of supplies or services to permit program accomplishment within the time required when such time will not permit use of formal advertising procedures and it can be clearly shown that such development was without the fault or negligence of the department or agency. c) Materials and services are required to meet an exigency created by the default of a contractor to whom a contract for like items had previously been awarded. 4.3.2.6 Federal Agency Acquisitions Pursuant to Title 31, Chapter 23, Section 239(a)(12), agencies may acquire goods and services in the open market, without observing the provisions of Section 236, provided:  The purchase is from the U.S. General Services Administration (GSA), 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; or  The purchase is made pursuant to the terms of a contract held by a federal agency for which the User Agency has a federal grant for the services or acquisition of goods in question; or  The purchase is made pursuant to the terms of a federal government cooperative agreement; or  The purchase is made pursuant to the terms of a contract held by a nationally recognized procurement organization or its member states such as the National Association of Procurement Officials (NASPO). Note the following: a) The goods or services must not be readily or reasonably available in the Virgin Islands; and b) The underlying contracts/agreements were procured through approvable solicitation methods. c) Federal agencies and allowables include but are not limited to: o GSA schedules o Federal cooperative agreements o Federal Transit Administration (FTA) o Federal Highway Administration (FHWA) o Environmental Protection Agency (EPA) o Centers for Medicare and Medicaid (CMS) o Centers for Disease Control and Prevention (CDC) o U.S. Department of Agriculture (USDA) 4.3.2.7 First Responder Exemption Pursuant to Title 31, Chapter 23, Section 239(a)(13), first responder agencies may acquire goods and services in the open market, without observing the provisions of Section 236, for: 1) purchases or contracts for (a) equipment, (b) services or (c) supplies to be used by first responder agencies in direct response to an accident or emergency; and Page | 16 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual 2) provided that the procurement must be made with such competition as is maximally practicable under the circumstances. Note the following: This exemption applies to day-to-day circumstances where agencies require goods and services in direct response to an accident or emergency that do not squarely fall within an already existing exemption and where there is insufficient time to solicit those goods and services formally. Specifically, this exemption does not apply to events under 31 V.I.C. § 239(a)(1) (Declared State of Emergency by the Governor) or 31 V.I.C. § 239(a)(2) (Public Exigency) regardless of the value. See Section 4.3.2.5 (Emergency and Public Exigency Exemptions) Most importantly, the application of this exemption does not negate the need for proper acquisition planning to ensure contracts are in place in anticipation of certain events. First responder agencies include:  Virgin Islands Police Department (VIPD)  Virgin Islands Fire and Emergency Medical Services (VIFEMS)  Virgin Islands Territorial Emergency Management Agency (VITEMA)  Office of the Adjutant General (OTAG)  Department of Planning and Natural Resources (DPNR)  Department of Public Works (DPW)  Department of Health (DOH)  Department of Human Services (DHS) 4.4 Authority for Procurements of $1,000,000.00 or Less In accordance with Executive Order No. 507-2020, all professional services contracts, construction contracts, and memoranda of agreement with a compensation value of One Million Dollars ($1,000,000.00) or less shall be signed by the Commissioner of Department of Property and Procurement as the final signatory for the Government of the Virgin Islands and shall be binding upon receipt of this signature. The Department of Justice shall approve contracts in this category for legal sufficiency. Notwithstanding the foregoing, contracts and purchases procured under Title 31, Section 239(a)(1) and (2) (regarding public exigency and emergency procurements) require approval of the Governor pursuant to Title 31, Section 239(b) of the Virgin Islands Code regardless of the amount. 4.5 Delegated Procurement Authority Title 31, Section 232 (7) of the Virgin Islands Code provides the Commissioner of DPP with the authority to delegate procurement authority up for approval of justification letters and purchase orders to $150,000.00 to agencies that have: (a) established central procurement offices and (b) been trained and certified by the Commissioner of DPP. Delegated authority is not automatic. Agencies can only operate under the issuance of the Certificate of Delegated Authority. Additionally, procurement activities will be limited to the activities granted by the Certificate of Delegated Authority issued by the Commissioner of DPP. Once the Certificate is issued, DPP’s approval is not required for activities covered by the Certificate of Delegated Authority. Agency Heads may be granted delegated authority to approve: Page | 17 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual  Simplified Acquisitions (Section 239(a)(3))  Micro – Purchase Acquisitions (Section 239(a)(4))  Medicine/Medical Equipment Acquisitions (Section 239(a)(6))  Negotiation Otherwise Authorized by Law Acquisitions (Section 239(a)(11))  Federal Agency Acquisitions (Section 239(a)(12))  First Responder Acquisitions (Section 239(a)(13)) Further, the delegation authority is granted solely to the agency head, and the agency head cannot delegate procurement authority to a staff member or designee. The agency head must be the final approver for the agency. Effective January 2025, agencies must (not optional): a) Establish its right-sized Procurement Office; b) Take a Certification Course by DPP; and c) Pass the Certification Test administered by DPP. Agencies will be required to re-certify every two (2) years. Agencies are advised and cautioned of the following: 1) Delegated authority is limited to acquisitions by justification letter and purchase order ONLY (subject to rules and limitations) and does not grant contracting authority. This means agencies are not granted authority to sign contracts on behalf of the GVI. Agencies will have delegated authority to approve these acquisitions, by justification letter, without further approval from DPP. See Section 8.1.(Justification Letters) 2) Agency Heads do not have delegated authority to approve prior fiscal year purchases under any threshold. Agencies should contact the Office of Management and Budget (OMB) and/or Department of Finance (DOF) for guidance related to these purchases. 3) Agency Heads do not have delegated authority to approve services-rendered purchases under any threshold. Purchases made without prior authorization are prohibited. Agencies are required to follow the Procurement Rules (encompassing the applicable laws, Rules and Regulations, Executive Orders, and this Procurement Manual). Persons subject themselves to personal liability and are subjected to dismissal from employment - for making or authorizing purchases in contravention of Chapter 23. See Section 3 (Standards of Conduct). 4) Agency Heads do not have delegated authority for acquisitions pursuant to Sections 239(a)(1)(declared state of public emergency exemption) and (2)(public exigency exemption). DPP retains this authority. 5) Agency Heads do not have delegated authority for acquisitions pursuant to Section 239(a)(5)(out-of-territory locations exemption). DPP retains this authority. 6) Agency Heads do not have delegated authority for acquisitions pursuant to Section 239(a)(7)(agriculture products through Central Stores exemption). DPP retains this authority. 7) Agency Heads do not have delegated authority for acquisitions pursuant to Section 239(a)(8) (the single/sole source exemption). DPP retains this authority. Page | 18 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual 8) Agency Heads do not have delegated authority for acquisitions pursuant to Section 239(a)(9) (the standardization exemption). DPP retains this authority. 9) Agency Heads do not have delegated authority for acquisitions to Section 239(a)(10)(negotiation after failed formal solicitation exemption). DPP retains this authority. Regarding justification letter approval, agencies must be familiar with Appendix A: DPP’s Fillable Justification Letter Form and the process set forth in Section 8.1 (Justification Letters), which is required to be fully completed for all requests for the acquisition of goods and services via justification letter under Delegated Procurement Authority. Section 5: Types of Contracts There are several types of contracts utilized depending on the type of solicitation. The most commonly used are discussed below. 5.1 Supply Contracts Pursuant to Title 31 of the Virgin Islands Code, Chapter 23, Section 236 (a), when procuring goods and services for executive branch departments, an IFB is used. Two (2) types of supply contracts can result from this procurement: (1) a one-time procurement, which means that the Executive Branch Agency needs to buy the item(s) for immediate delivery, and (2) a term procurement, which means that the Executive Branch Agency will require the goods or services over an extended period. The duration of term procurements in most cases is one (1) year with an option for an additional term at the request of the Department User Agency. An IFB is required for all supply contracts for services, even if the total cost is under $10,000.00 because the complete service or purchase will be performed on a recurring basis. Examples of the commodities and services procured through a supply contract include:  Household and Cleaning Supplies  School and Office Supplies  Groceries and Meats (for schools, day care centers, elderly homes, etc.)  Janitorial Services  Landscaping Services  Elevator Maintenance Services  Exterminating Services  Trash Removal Services  Routine Generator and HVAC Maintenance Services The list above is not exhaustive but represents just a few of the commodities and services procured by the DPP using the bidding process and affording bidders an opportunity to participate in a free and open competitive market. All acquisitions in this category must follow the processes described in applicable sections of Section 4.3.1 (Formal Solicitations / Competition) and Section 9 (The Formal Solicitation Process / Competitive Sealed Bidding). All supply contracts and task order agreements for the purchase of goods and the supply of non-professional services shall be signed by the Commissioner of Property and Procurement as the Page | 19 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual final signatory for the Government of the Virgin Islands upon whose signature the supply contract and task order will become binding. 5.2 Professional Services Contracts A professional services contract is used to contract for services from both for profit and non-profit businesses and individuals, which are engaged in rendering widely diversified services. Professional services contracts are used for services solicited through a Request for Proposals. These contracts are defined by a Scope of Services as responded to in the RFP and compensated at a fixed fee. Professional services contracts are also used when there is no formal solicitation or advertisement. All acquisitions in this category must follow the process in applicable sections of Section 4.3.1 (Formal Solicitations/Competition) and Section 9 (The Formal Solicitation Process/Competitive Sealed Bidding). See also Appendix B: Professional Services Contract Up to $1Mil Template and Appendix C: Professional Services Contract Over $1Mil Template 5.3 Task Order Contracts There may be instances when an Executive Branch Agency’s request to procure services cannot be captured by a typical supply contract or professional services contract because the services will not occur at a predetermined or expected frequency. In those instances, the Commissioner of DPP will determine whether a Task Order Contract is necessary based on the information contained in the Executive Branch Agency’s request. Task Order Contracts are generally required for the acquisition of services under Title 31, Virgin Islands Code, Chapter 23, Sections 239(a)(1) (during a declared State of Emergency) and (2) (Public Exigency). Task Order Contracts may also be required at the discretion of the Commissioner of DPP, for services under Title 31, Virgin Islands Code, Chapter 23, Section 239(a)(3), when it is more appropriate as a Task Order Contract than a Professional Services Contract or a Supply Contract. In such instances, the services to be performed will not occur at a pre-determined frequency, but rather can only occur when required, and upon written request by the User Agency. This type of contract is triggered by a specific event prompting the request by the User Agency. All standard supporting documentation required for a Professional Services Contract will be required for a Task Order Contract. All supply contracts and task order agreements for the purchase of goods and the supply of non- professional services shall be signed by the Commissioner of Property and Procurement as the final signatory for the Government of the Virgin Islands upon whose signature the supply contract and task order will become binding. 5.4 Construction Contracts When procuring construction services for the Government of the Virgin Islands, the Department of Public Works (DPW) is the executive branch agency usually at the helm of the project. The DPW is the architect of record and is charged with planning for, constructing, and maintaining the Territory’s public roadways, highways, public transportation systems, storm drainage systems, public buildings, parking facilities, and other public infrastructure. As such, the Commissioner of DPW’s approval is necessary for construction projects. This includes but is not limited to new buildouts, alterations, installations, conversions, retrofitting, refurbishment, demolition, structural maintenance, and repairs of Government- owned property and Government-leased property. User Agencies must engage DPW prior to attempting to acquire said services. Page | 20 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual The official solicitation method for construction services is an Invitation for Bids (IFBs) and the services are memorialized through construction contracts. Utilizing any other solicitation method or contractual type would solely be determined by DPP. All acquisitions in this category must follow the process in the applicable sections of Section 4.3.1 (Formal Solicitations / Competition) and Section 9 (The Formal Solicitation Process / Competitive Sealed Bidding). Section 6: Federal Funds For the procurement of goods and services utilizing federal funds whether in whole or in part, Executive Branch Agencies must comply with the requirements in their respective grant awards or the federal program under which the funds were awarded. This includes requirements such as those outlined in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards found in Title 2, Code of Federal Regulations (CFR), Section 200, et. seq. Sometimes referred to as the “Super Circular,” Section 200 et. seq., streamlined and superseded information contained in eight earlier US Office of Management and Budget Circulars. The Virgin Islands (deemed a “state” for applicability under federal processes) is required to follow its own procurement laws in accordance with 2 CFR 200.317. Therefore, Department User Agencies are required to follow the provisions of Title 31, Virgin Islands Code, Chapter 23, and all the associated rules and regulations when procuring goods and services using federal grant awards. Additionally, Agencies must ensure compliance with any and all special conditions of the grant award. Most importantly to note, and consistent with our Procurement Rules, 2 CFR 200.319 provides:  (a) All procurement transactions under the Federal award must be conducted in a manner that provides full and open competition and is consistent with the standards of this section and section 200.320.  (b) To ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work or invitations for bids must be excluded from competing on those [same] procurements. It is incumbent on Executive Branch Agencies to review the terms and conditions of all federal awards and applicable sections of the CFR to ensure compliance with all requirements. Examples include but are not limited to:  2 CFR § 200.321 – Requires contracting (when possible) with small businesses, minority businesses, women-owned businesses, veteran-owned businesses and labor surplus area firms.  2 CFR § 200.322 – Encourages the use of goods, products, or materials produced in the United States in procurements (to the greatest extent practicable and consistent with law).  2 CFR § 200.323 – Requires compliance with section 6002 of the Solid Waste Disposal Act (as amended by Resource Conservation and Recovery Act) (extends to contractors for the procurement of items designated in the Environmental Protection Agency (EPA) guidelines for the highest percentage of recovered materials).  200 CFR§ 200.327 – Requires all necessary clauses from Appendix II be included in the contracts. Page | 21 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual In sum, User Agencies are required to conduct procurement transactions in accordance with state policies and procedures plus any additional grant conditions and in accordance with 2 CFR § 200 et seq. The requirements outlined in this Procurement Manual apply to all procurements, including those utilizing local and/or federal funds. Part 3: Procurement of Goods and Services Section 7: Requisitions and Purchase Orders The purchase requisition provides for the orderly, complete, and timely flow of procurement needs from the Executive Branch Agency to contracted vendors and the supplier community. All purchases, except the items approved for Straight Payment via the Accounts Payable Module by the Department of Finance, require a requisition as outlined in SOPP-DPP-PROC-002-2026 (Requisitions). A requisition is initiated by the User Agency in GVIBuy and starts the approval process for the acquisition of goods and services. All requisitions must be created following the regulatory guidelines of DPP and of the Department of Finance particularly as it pertains to account coding. When creating a requisition, all necessary supporting documentation must be attached and all other requirements satisfied as outlined herein and in SOPP-DPP-PROC-002-2026 (Requisitions). Purchase requisitions must be approved by the certifying officer and department head of the User Agency, prior to approval from the DPP where applicable. Once entered, the requisitions are reviewed, and either approved or rejected. Once a requisition has been approved and converted to a Purchase Order or a bid, a notification is automatically sent to the preparer of the requisition. If the User Agency needs any changes to the Purchase Order once it has been created, the User Agency must submit a written request (via e-mail) to DPP explaining the changes required, and the User Agency must include any supporting documentation required or requested by DPP. DPP can make changes to Purchase Orders including monetary and account changes, add line items, and descriptions. All Purchase Orders must be liquidated in accordance with the requirements of the Department of Finance, then in effect. Purchases which obligate the Government of the United States Virgin Islands without a written approved Purchase Order by the Commissioner of the Department of Property and Procurement are illegal. See Section 3 (Standards of Conduct). Section 8: Request for Solicitations / Acquisitions All requests for acquisitions must be supported by several documents depending on the request. See Section 4 (Acquisitions). 8.1 Justification Letters All justification letters, depending on the need, must meet certain requirements pertaining to the acquisition requested. Appendix A: DPP’s Fillable Justification Letter Form must be fully completed for all requests for the acquisition of goods and services, including those requests falling under an exemption pursuant to 31 V.I.C. § 239. The completed form must: Page | 22 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual  Be addressed to the Commissioner of Property and Procurement  Indicate a point of contact/requester contact information for the Department User Agency  Request the acquisition of goods or services or both  Be signed by the Agency’s Fiscal Officer  Be signed by the User Agency’s Chief Procurement Officer (if applicable)  As applicable, be approved by: o The Director of Bureau of Information Technology (BIT) if the request is technology based (including but not limited to software and hardware purchases), o The Director of the Virgin Islands Energy Office (VIEO) if related to a vehicle purchase (and DPP) or o The Commissioner of Department of Public Works (DPW) if related to construction projects (including but not limited to new buildouts, alterations, installations, conversions, retrofitting, refurbishment, demolition, structural maintenance, and repairs of Government-owned property and Government-leased property).  Be signed by the Agency Head or designee1 To request a solicitation of services via RFP or IFB, or if an RFQ is necessary, justification letters must be submitted in accordance with Section 8.1.1 below. 8.1.1 Requests for Formal Solicitations A justification letter, on the Agency letterhead, is necessary to request a solicitation for services. See Section 4.3.1 (Formal Solicitations / Competition). For a solicitation request in this category, do not use DPP’s Fillable Justification Letter Form; a justification letter on Agency letterhead must be submitted to DPP. The justification letter narrative must address the following questions: 1) Who is requesting the services? 2) What is being requested and by whom? (Describe request and provide requester’s contact information) 3) Why are the goods/services needed? (This includes background/historical information about the need. When urgent, note the impact on the agency/division, etc. if goods/services are delayed. Pay close attention to these concerns and mark the task as URGENT so all reviewers/approvers can expedite the request.) 4) Where will the goods/services be performed/delivered? a. The location where services will be provided and/or b. Who will receive the goods/services? 5) When will the goods/services be performed/delivered? (How long will services be required, if applicable?) 6) How will the work be performed, or good(s) be delivered? (The “how” is well defined in SOW/SOS See Section 8.3 (Scope of Work/Services). SOW/SOS provide technical requirements that fully 1 If the Agency’s designee is in an acting capacity, a copy of the Governor’s letter designating them into said role must be furnished. Page | 23 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual describe the purpose of the project, specific objectives, deliverables, (what success and acceptance look like), etc. Technical requirements address the five (5) fundamental questions and include but are not limited to the following: a) List of types of qualifications (if applicable) b) List of equipment (if applicable) c) Industry standards (if applicable) d) Experience e) The form/format in which reporting/deliverables are required and will be accepted, how often, to whom, and through which medium shall they be delivered. 8.1.2 Requests for Acquisitions Pursuant to 31 V.I.C. § 239 To request an acquisition under one of the thirteen (13) exemptions under Section 239, a User Agency must provide justification that supports the utilization of an exemption. Therefore, Appendix A: DPP’s Fillable Justification Letter Form must be utilized in accordance with the requirements indicated in Section 8.1. Department User Agencies must provide justification that supports the utilization of an exemption considering the following: 1) Who is requesting the services? 2) What is being requested and by whom? (Describe request and provide requester’s contact information) 3) Why are the goods/services needed? (This includes background/historical information about the need. When urgent, note the impact on the agency/division, etc. if goods/services are delayed. Pay close attention to these concerns and mark the task as URGENT so all reviewers/approvers can expedite the request.) 4) Where will the goods/services be performed/delivered? a. The location where services will be provided and/or b. Who will receive the goods/services? 5) When will the goods/services be performed/delivered? (How long will services be required, if applicable?) 6) How will the work be performed, or good(s) be delivered? (The “how” is well defined in SOW/SOS See Section 8.3 (Scope of Work/Services). SOW/SOS provide technical requirements that fully describe the purpose of the project, specific objectives, deliverables, (what success and acceptance look like), etc. Technical requirements address the five (5) fundamental questions and include but are not limited to the following: a) List of types of qualifications (if applicable) b) List of equipment (if applicable) c) Industry standards (if applicable) d) Experience e) The form/format in which reporting/deliverables are required and will be accepted, how often, to whom, and through which medium shall they be delivered. The User Agency must follow the processes as indicated in Section 4.3.2 (Open Market Purchases) for Section 239 acquisitions. Page | 24 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual 8.2 Proof of Funding/Funding Source The Commissioner of DPP shall not approve a contract or open market purchase unless there exists a sufficient unencumbered balance to support the purchase. An Executive Branch Agency must submit proof of funding with each transmittal. The funding must at least equal or exceed the amount of the contract by no more than 10% and cannot be expired. Proof of funding can be provided by submittal of a Verification of Funds letter signed by the Director of the Office of Management and Budget (OMB), Public Finance Authority (PFA) letter, or copy of federal grant awards. If funding documents are expiring within thirty (30) days of transmittal, the Executive Branch Agency must notify DPP by inserting in the justification letter narrative the expiration deadline in BOLD red text. In rare situations where a funding source does not immediately exist but is expected to be received, the Executive Branch Agency must include an explanation of the circumstances in its justification letter and submit a signed letter from OMB certifying the availability of the expected funding. The Executive Branch Agency must also ensure: For OMB Verification of Funds Letters: (a) A signed letter and dated within fourteen (14) days from the OMB indicating the particulars of the funding. For PFA Letters: (a) A signed letter dated within fourteen (14) days from the PFA indicating the particulars of the funding. For Federal Grant Awards - A grant award notification to the user agency that indicates: (a) A non-expired budget period and federal funding period. (b) An amount sufficient to cover the compensation for an allowable expense under the grant and as shown in a Grant Summary Report, if applicable. (b) Attaches all pages of the term and conditions of the award. 8.3 Scope of Work/Services The Scope of Work or Scope of Services (“Scope”) defines the needs and specifications of a particular project. The Executive Branch Agency should describe the Specifications that are needed to reasonably satisfy the agency’s needs. The Scope also provides technical requirements, which fully describe the purpose of the project, specific objectives, deliverables, (what success and acceptance looks like) etc. Technical requirements address the five (5) fundamental questions and include but are not limited to the following: i. List of types of qualifications (if applicable) ii. List of equipment (if applicable) iii. Industry standards (if applicable) iv. Experience v. The form/format in which reporting/deliverables are required and will be accepted, how often, to whom, and through which medium shall they be delivered. vi. The period of performance vii. Specific deliverables Page | 25 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual The Scope also becomes a part of the contract. While the contract itself defines the legal terms and conditions and requirements, the Scope provides the details of the services and products that will be provided to under the contract. It overall establishes the tasks, deliverables, period of performance, milestones, and any other project specific requirements. Section 9: The Formal Solicitation Process/Competitive Sealed Bidding 9.1 Advertisement and Notice Pursuant to Title 31, Chapter 23, Section 236(a) of the Virgin Islands Code, “[n]otices 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.” This includes the Government’s eProcurement System, GVIBUY. Section 236(a) indicates “[n]ot 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.” Generally, projects are advertised for a minimum of fifteen (15) calendar days when procuring products or services attainable and available within the Territory and a minimum of thirty (30) calendar days when procuring products or services available from outside the Territory as per the V.I. Rules and Regulations at Section 235-31. This process applies to all solicitations. 9.2 Preferred Bidders Pursuant to Title 31, Chapter 23, Section 236(b) of the Virgin Islands Code, the Commissioner of DPP 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 DPP’s website. Preferred bidders must meet the requirements set forth in the Preferred Bidders Statute. Bidders shall apply for certification as a Preferred Bidder with DPP and must submit confirmation that the definition of a preferred bidder is being met. Bidders shall apply for recertification every two (2) years. According to Section 236a, a “preferred bidder” means: (1) a person who has been a bona fide continuous resident of the Virgin Islands for at least 8 years or was born in the Virgin Islands; or (2) a firm, partnership, or corporation in which at least fifty-one (51%) percent of the legal or equitable ownership is held by a person or persons who have been bona fide continuous residents of the Virgin Islands for at least 8 years or who were born in the Virgin Islands; or is a firm, partnership, or corporation that is a certified small business enterprise as defined in 11 V.I.C. § 1270 et seq.; and Page | 26 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual (3) said person, firm, partnership or corporation is licensed in and maintains his or its principal place of business in the Virgin Islands and who owns, operates, or maintains a store, warehouse, or other place of business in the Virgin Islands or is the duly authorized agent, dealer, distributor, or representative in the Virgin Islands for the materials, supplies, articles, or equipment, or contractual or consulting services of the general character described by the specifications and required under this contract a certification requirement for Preferred Bidders. Section 236a(b) requires the DPP Commissioner to purchase or contract for services from Preferred Bidders where: 1) the total cost to GVI does not exceed by more than fifteen (15%) percent the cost of such construction services, supplies, materials, equipment, or contractual or consulting services if obtained from other than a preferred bidder; and 2) the quality and availability of the construction services, supplies, materials, equipment, or contractual or consulting services are substantially equivalent. Preferred Bidder status is applicable only to locally funded acquisitions and contracts. 9.3 Bid Submission and Requirements For IFB solicitations requiring submission of bids, note the following important aspects of Title 31, Chapter 23, Sections 236(c)-(e)/(g) of the Virgin Islands Code:  All bids shall contain a specific itemization of all units bid upon and the corresponding unit price.  All bids shall be submitted in GVIBUY to the Commissioner of DPP and, when deemed necessary, shall be accompanied by surety for 5% of the bid amount for all construction contracts and design/build professional services contracts over $150,000.00, except where the Preferred Bidders Statute applies (locally funded projects only). See Section 11.3 (Bonds). Payment must be in the form of: 1) check, 2) irrevocable letter of credit, or 3) bond. No cash is accepted.  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 DPP 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 responsibility is determined by whether the bidder possesses 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 Page | 27 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual and the principals in the business, utilizing such independent credit bureaus as may be appropriate.  No bid shall be considered by the Commissioner of DPP unless the bid includes a financial disclosure statement and a work experience statement.  The Commissioner of DPP shall discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases and sales.  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 the Preferred Bidders Statute, a payment and performance bond or an irrevocable letter of credit for 100 percent of the contract price for construction contracts over $150,000.00 for the proper performance of each contract may be required by the Commissioner of Property and Procurement.  All contracts shall be in the form previously approved. If the successful bidder shall not within ten days after the award complete the contract, the successful bidder shall forfeit any surety which accompanied his bid.  For services to be performed in the Virgin Islands, all bidders or respondents when submitting a bid or proposal must include: (A) a current certificate of good standing or its equivalent, (B) current business license in the Virgin Islands, Notwithstanding the information above, 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. 9.4 Solicitation Issuance and Response Once the Executive Branch Agency has submitted its justification letter and supporting documents to DPP meeting the requirements in Section 8 (Requests for Solicitations/Acquisitions and the project is approved to proceed, the DPP’s Office of Procurement and Contract Management and Reporting (OPCMR) will manage the procurement and will be responsible for maintaining the integrity of the project file. The OPCMR assigns an Evaluation Supervisor, who will communicate with the Executive Branch Agency to review project specifications and establish a timetable checklist to ensure timely process. The Evaluation Supervisor is responsible for the project from the bid opening and is also responsible for developing the project file. The solicitation process is initiated by the issuance of the IFB, RFP, or RFQ, which will indicate the deadline for a response. The time and place for response are advertised in the notice of the solicitation. Only timely bids or late bids meeting the requirements of Title 31, Virgin Islands Rules and Regulations, Chapter 23, Section 235-42, will be evaluated. Responses to solicitations may contain information considered confidential or proprietary by the respondent. In such cases, the respondent should identify the pages or components of the response that are confidential or proprietary. In the event of a request or challenge, the government’s attorneys will make the determination as to whether the indicated pages are indeed confidential or proprietary. Page | 28 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual 9.5 Submission in GVIBUY All interested parties shall submit one (1) electronic copy of its submission, which shall be submitted to the Department of Property and Procurement via the vendor’s GVIBUY account no later than the date and time specified in the solicitation document accessed through the following link: https://gvibuy.buyspeed.com/bso/. Bidders/Proposers should review and validate their bids/proposals/quotes (“quotes”) for accuracy before pressing the “Submit Quote” tab. The Summary tab at the top of the screen is where bidders/proposers will review the information entered on their quote and submit it to the Government, Department of Property and Procurement. Once the Bid/Proposal Open Date has been reached, the DPP will open and review all quotes received. Quotes must be submitted in advance of the Opening Bid/Proposal/Quote Date. Any quote not submitted by the Open Bid/Proposal/Quote Date is considered unsubmitted and will not be considered for evaluation. To submit an offer, follow steps 1 through 4 below. 1. Review the information and ensure all of the submitted data is correct. If there are errors, Quotes can be withdrawn and resubmitted, but it is good practice to ensure Quotes are comprehensive before submitting. 2. Once all information has been validated, scroll to the bottom of the screen, and click Submit. 3. A popup appears asking if you want to submit the Quote. Click OK to confirm. 4. The screen refreshes. Your quote is now submitted. All Bidders/Proposers must be registered in GVIBUY to submit a response to a solicitation. Responses must be submitted in GVIBUY’s bidding module via the vendor’s GVIBUY account prior to the closing date. The vendor’s supporting documents such as business licenses, and certificates of good standing and existence are housed within GVIBUY. It is the responsibility of each vendor to submit and ensure its supporting documents are kept current in GVIBUY. Once documents are current, it is not necessary to re-submit supporting documents at the time of response to a solicitation. However, failure to keep vendor supporting documents current at the time of response to a solicitation may result in disqualification or non-award. Note: Quotes may be withdrawn by clicking the Withdraw Quote button on the same screen. 9.6 Evaluation Committee An Evaluation Committee is selected, and an Evaluation Supervisor, (Chairperson) is designated for each solicitation for IFBs, RFPs, and RFQs. The Chairperson is responsible for maintaining the integrity of the project file. The Evaluation Committee shall consist of no less than five (5) voting members, all of whom must be free of any conflicts of interest. This Committee shall include representatives from the Executive Branch Agency and representatives from DPP, one of whom shall be the head of the Evaluation Committee or his/her designee. The Executive Branch Agency may request additional committee members, observers, or technical advisors, who shall serve as non-voting members. All additional members must be approved by the Commissioner of DPP. For construction projects, a representative from the Department of Public Works (generally an Inspector and/or Engineer) is required to be a voting member of the Evaluation Committee. Each member of the Evaluation Committee shall be appointed by his/her respective Agency Head. A committee member shall only be removed by the person authorized to appoint the member. Each Page | 29 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual committee member, regardless of status as a voting or non-voting member, shall sign the Appendix D: Evaluation Committee Rules and Procedures regarding the rules and procedures of the process including requirements for confidentiality, virtual meeting conduct, timelines, and conflicts of interest. The Evaluation Committee Rules and Procedures must be signed and returned prior to the commencement of the evaluation process. 9.7 Evaluation, Approvals, Contract Awards, and Amendments IFBs Once the timeframe for advertisement has passed, all bids shall be publicly opened, read aloud, and recorded. All bids received by the specified time and date shall be forwarded to the Evaluation Supervisor where they shall be opened in the presence of the Evaluation Committee members to determine the lowest, responsive, responsible bidder. RFPs/RFQs At minimum three (3) days prior to the evaluation of any solicitation, each Evaluation Committee member shall be given a complete copy of each offeror’s proposal. The Evaluation Committee then conducts the evaluation. In addition to the requirements of the solicitation, the Evaluation Committee shall perform a cost analysis and consider each offeror for past performance, mobilization (if applicable), staffing, preferred bidder status (if applicable), and local staffing. The Evaluation Committee may require additional information to ascertain proper evaluation of said offer. Each offeror shall be reviewed based on the criterion set forth in the soliciting document and including proposers’ eligibility to receive contract awards using federally appropriated funds, and that they have not been suspended or debarred from entering into contracts with any federal agency. If the Evaluation Committee determines that additional information is required for decision making, the Committee shall invite respondents to perform oral presentations. There shall be no final Evaluation Committee vote until each offeror selected for oral presentation has had an opportunity to orally present his/her offer. If the Evaluation Committee decides that no oral presentation is necessary and there are no outstanding issues to be considered, it may take a final vote when it deems it appropriate. Each member of the Evaluation Committee with the exception of the Chairperson, shall independently complete the selection committee rating form, which shall be returned prior to the conclusion of the evaluation meeting(s). There shall be an evaluation report that shall provide a signatory line for those Evaluation Committee members approving the solicitation and one for those submitting a disapproving vote, and a signatory line for DPP’s Commissioner. All bids shall be reviewed and proposals evaluated within a reasonable time frame. 9.7.1 IFBs 1) All bidders must be registered in GVIBUY to submit bids. Bids must be submitted in GVIBUY’s bidding module via the bidder’s GVIBUY account before the bid closing date. 2) Notices of the bid opening date and time are outlined within the solicitation. During the bid opening, bids are opened and are publicly announced via Microsoft Teams by the Evaluation Supervisor. Page | 30 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual 3) The Evaluation Committee meets to review all bid documents and offers, and it recommends an award to the lowest, responsive, responsible bidder. An award recommendation is forwarded to the Deputy Commissioner and/or his/her designee for review. 4) Upon approval of the award recommendation, the evaluation report is disseminated for the signatures of all Committee Members and then forwarded to the Commissioner of Property and Procurement. 5) If approved, the file is assigned to a Contract Administrator to produce and maintain the Contract. 6) IFB notifications of award are delivered to the bidders through GVIBUY. A Letter of Award is sent to the successful bidder advising the bidder to return the required contract and all required supporting documentation within ten (10) days of receipt. Notifications of award are also sent to the User Agency advising it of the successful bidder. 7) The successful bidder must submit all required documents/items to the assigned Contract Administrator/Contract Specialist. These documents include but are not limited to performance and payment bonds, updated licenses and insurances (as applicable), and the executed contract. (See Section 9.8 (Contractor’s Supporting Documents) and Section 11.3 (Bonds)) 8) The Contract Administrator reviews all items submitted for responsiveness and compliance. 9) Once sufficient, the Contract Administrator/Contract Specialist submits contracts to User Agency for signature (if applicable). 10) The User Agency returns signed contract to Contract Administrator/Contract Specialist, and the Commissioner of DPP signs the contract. For supply contracts, the Commissioner of DPP is the last signatory. 11) For Construction Contracts, the contract documents are then forwarded to the Department of Justice for legal sufficiency review. Once approved for legal sufficiency, contracts valued up to $1,000,000.00 are returned to DPP for final execution, and contracts valued over $1,000,000.00 are forwarded to the Office of the Governor for final approval and signature. 12) Once the final signatory has approved the contract, a DPP Contract Administrator then electronically distributes a copy of the contract to the User Agency. 9.7.1.1 Additional Steps for Construction Contracts Only 13) A “Notice to Proceed” letter is forwarded to the contractor, and a copy is sent to the Executive Branch Agency along with the approved contract documents during the Pre-Construction Meeting. 14) The Pre-Construction meeting is scheduled to discuss project requirements and deliverables and to officially turn over the project to the User Agency and/or Department of Public Works as Project Managers. 15) Post-award management of the project is now between the Executive Branch Agency and the contractor. The User Agency is responsible for submitting all change orders, supplemental, or project modifications to the Commissioner of Property and Procurement. Page | 31 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual 16) Payment documents are to be submitted to DPW for review, compliance, and processing in accordance with the Virgin Islands Rules and Regulations, Sections 242-102 to 242-108. Contract payments are processed successively, to ensure the project activities align with the Schedule of Amounts, Project Schedules, and Periodical Estimates. 17) The payment document procedure is repeated until final payment is requested, and the project is closed out. 9.7.2 RFPs 1) All respondents must be registered in GVIBUY to submit proposals. Proposals must be submitted in GVIBUY’s bidding module via the respondent’s GVIBUY account before the proposal closing date. The Evaluation Committee conducts the evaluation. 2) Upon approval of the award recommendation, an evaluation report is prepared by the Evaluation Supervisor (Chairperson) and is forwarded to the Assistant Commissioner and/or Deputy Commissioner for review and approval. Once approved, the evaluation report is disseminated for the signatures of all Committee Members and then forwarded to the Commissioner of Property and Procurement for approval. 3) RFP notification of awards are delivered to the successful respondent through GVIBUY. An e-mail notification is sent to the Executive Branch Agency from DPP’s Contract Administrator advising them of the successful awardee. 4) E-mail notification is sent via e-mail to the Executive Branch Agency notifying the User Agency to begin the contracting process utilizing the professional services contract template with the awarded contractor. The Executive Branch Agency develops the contract after the contractor is selected. User Agencies must submit an electronic draft copy of the contract along with all required supporting documents to DPP for preview via SharePoint prior to securing any signatures on the contract. 5) Within five (5) business days of receipt, not including the day the documents were received, DPP will review the documents and notify the Executive Branch Agency of any required changes or to secure the signature of the contractor and authorized User Agency head. 6) If changes are required, the Executive Branch Agency must complete the changes and return the contract to DPP within three (3) business days. 7) Once DPP has approved the contract for signatures, the Executive Branch Agency must obtain an electronically signed contract from the contractor within ten (10) business days of receiving approval from DPP. 8) The Executive Branch Agency must forward the executed contract, with the contractor’s and User Agency head’s signature, to DPP within three (3) business days of receiving the contract from the contractor. All contracts which are formally submitted to DPP for processing must be submitted with: 1) A transmittal letter; 2) All required supporting contractor documentation (See Section 9.8); and 3) a completed Appendix F: Contract Checklist for User Agency. 9) Professional Services Contracts must be forwarded to the DPP with a transmittal letter that contains the following mandatory information: Page | 32 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual a) The name of the user department, agency, board, or commission b) The name of the contractor c) A description of the solicitation, i.e., RFP number and dates of advertising and closing d) A description of the scope of work to be performed under the contract e) The term of the contract, and whether it contains any renewal options f) The compensation for the term of the contract identifying the funding source. Note the following:  All funding sources and proof of funding must be current and show compliance with Title 33, Virgin Islands Code, Chapter 113, Section 3101.  If the contract is a multi-year contract, explain how the department will obtain subsequent years funding. g) A list of all supporting documents included in the contract package (See Section 9.8 (Contractor’s Supporting Documents) h) Any special circumstances requiring explanation in the contract. 10) The Contract Administrator reviews submitted items for responsiveness and compliance. If the contract is complete and contains all required supporting documents, DPP will, within five (5) business days of receipt, forward the contract to the Department of Justice for legal sufficiency review. If the contract is deficient, DPP will return it to the User Agency so the noted deficiencies can be corrected. 11) User Agencies must return the corrected contract within a reasonable timeframe, but not to exceed five (5) working days, after receipt. 12) The Contractor must submit all required documents/items to the assigned Contract Administrator. These documents include but are not limited to performance and payment bonds (for design build contracts), updated licenses and insurances (as applicable), and the executed contract. (See Section 9.8 (Contractor’s Supporting Documents) and Section 11.3 (Bonds)) 13) The Contract Administrator reviews all submitted items for responsiveness and compliance. 14) Once sufficient, the Contract Administrator submits the contract to the Head of the User Agency for signature (if applicable). 15) The Head of the User Agency returns the signed contract to the Contract Administrator. 16) The contract is forwarded to the Department of Justice for legal sufficiency approval. If the Contract is valued up to $1,000,000.00, the contract packet is forwarded to the Department of Justice for legal sufficiency approval without the DPP Commissioner’s signature. If the contract is valued in excess of $1,000,000.00, the DPP Commissioner executes the contract before it is transmitted to DOJ. If the contract is valued up to $1,000,000.00, DOJ returns the contract to DPP. If the contract is greater than $1,000,000.00, once approved for legal sufficiency by DOJ, the contract is forwarded to the Office of the Governor for final approval and signature. 17) Once the final signatory has approved the contract, the Contract Administrator then electronically distributes a copy of the contract to the User Agency. The contract is also uploaded to the GVIBuy and the vendor will be notified and receive a copy of the contract. Page | 33 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual 18) If the Professional Services Contract is being drafted and processed by DPP’s Senior Contractor Administrator, DPP will notify the User Agency via e-mail regarding DPP’s assignment to develop the contract and will include all of the above steps for reviewing and executing the contract. Page | 34 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual 9.8 Contractor’s Supporting Documents To support a contract, the Executive Branch Agency must forward the executed contract, with 1) A transmittal letter; 2) All required supporting contractor documentation; and 3) a completed Appendix F: Contract Checklist for User Agency. The Contractor’s supporting documents vary based on the type of entity. Review carefully, Appendix E: Required Contract Supporting Documents. Regardless of the type of entity, all contractors are required to submit one or more of the following at the time of execution of the contract: 1) Current Virgin Islands Business License, or current License from a state if a VI license is not required, or IRS 501(c)(3) certification for non-profits (note that some jurisdictions do provide business licenses to non-profits) 2) Proof of Insurance: as applicable, general liability insurance, or professional liability/errors and omissions insurance 3) Articles of Incorporation, Articles of Organization, or equivalent 4) Certificate of Resolution assigning signatory authority or equivalent, as applicable 5) Certificate of Good Standing or Certificate of Existence, or equivalent as applicable 6) Certificate of Government Insurance, or Certificate of Insurance showing proof of coverage for Worker’s Compensation if the services are not being provided in the Territory 7) Current Registration with SAM.Gov Appendix E: Required Contract Supporting Documents and Appendix F: Contract Checklist for User Agency indicate the general requirements for submission as well as specific requirements based on the type of entity being contracted. It is critical that all documents be submitted in the legal name of the contractor. Page | 35 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual Part 4: Post Award Section 10: Protests and Debriefing 10.1 Bid Protests The Contracting Officer shall consider all protests or objections to the award of a contract, within ten (10) calendar days after receipt of a notice of award/non-award. Protest(s) of award shall be submitted in writing to the Contracting Officer and shall be handled in a manner to be determined by the circumstances. The Contracting Officer will provide a written response to each protest received within the time allotted for receipt of protests. Protests must be addressed to the Commissioner of Property and Procurement in writing and submitted to: debrief_protest@dpp.vi.gov. 10.2 Debriefing The Government shall provide written notice to all offerors advising them of the selection or non- selection of their bid. Debriefings may be performed orally, or in writing upon written request received by an offeror within three (3) days of the Government’s notification about the outcome of the solicitation. An offeror that was notified of exclusion from the competition, that fails to submit a timely request, is not entitled to a debriefing. The Government shall establish the time when the debriefing shall occur and will be carried out in the manner, requested by the offeror, and allowed by the Government. At a minimum, the debriefing information shall include: 1) The Government’s evaluation of the offeror’s bid/proposal; 2) Offeror’s cost or price (including unit prices) and technical rating, if applicable of the successful offeror and debriefed offeror, and past performance information on the debriefed offeror; 3) Summary of the rationale for award; and 4) Reasonable responses to debriefers responsiveness and responsibleness. The debriefings shall not include point-by-point comparison of the debriefed offeror’s bid/proposal with those of other offerors and shall not reveal any information prohibited by disclosure such as:  Trade secrets  Competing offerors proposals and bid packages  Privileged or confidential manufacturing processes and techniques  Commercial and financial information that is privileged or confidential, including cost breakdowns, profit, indirect cost rates, and similar information and  Names of individuals providing reference information about an offeror’s past performance. Requests for debriefing must be addressed to the Commissioner of Property and Procurement in writing and submitted to: debrief_protest@dpp.vi.gov. Page | 36 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual Section 11: Contract Administration and Management 11.1 Performance, Compliance, and Termination Effective contract administration and management is a team effort that includes the oversight of an Agency’s contract administrator, procurement office, program personnel, and fiscal team. There are three (3) phases to the Contract Administration and Management process which includes. 1) Pre-Award Activities a. Planning and research (Need Identification (See 4.1 Identifying the Need) b. Identify funding (Cost Analysis) c. Develop the scope of work (Drafting the scope) d. Establish rating criterion for rating proposals/bids e. Solicit bids/proposals f. Assign evaluation committee g. Rate proposals/bids h. Negotiations i. Recommend award 2) Award Activities a. Notify awardee and non-awardees b. Debriefing (if requested) c. Contract preparation i. Contract document gathering ii. Establish communication with awardee and program iii. Funding verification d. Contract reviews i. Program ii. Legal Counsel (if applicable) iii. Contractor e. Contract execution i. Contractor ii. User Agency iii. Department of Property and Procurement/Department of Justice iv. Governor (contracts exceeding $1M) 3) Post Award Activities a. Stakeholder meeting i. Reporting forms, protocols, and personnel ii. Payment protocols and requirements iii. Dispute/Conflict protocols iv. Change order protocols v. Parties’ roles and expectations b. Contract Monitoring and Management i. Terms, conditions, and scope of work ii. Vendor performance iii. Deliverables iv. Payment review and certification v. Filing, retention, and contract closeout (See Section 14 Record Management and Retention). Page | 37 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual Performing the activities listed under each phase of the process, reduces risk, and ensures the Government receives what it pays for, and the Contractor is compensated for their goods/services. Once a contract has been fully executed, Department User Agencies are required to monitor contracts for performance and compliance in accordance with the terms and conditions of the contract. This is generally done through program personnel or more specifically, program managers at some agencies, as they are recipients of the services. These personnel must pay close attention to the contract scope of work, objectives, timelines, and overall goal of the project. Their duties include but are not limited to: Coordination of start-up of delivery of services by contractor Development and management of overall project goals, plans, and schedules Monitoring day-to-day activities and continued delivery of services Monitoring progress of deliverables to ensure on budget and on time in accordance with contract terms Identifying changes needed to scope of work, project deliverables, timelines, and analyzing any risks Preparing or processing necessary, reports, payments documents, etc. accurately and timely throughout the life cycle of the project The Contract Administrator also manages related aspects of the contract that includes but is not limited to: Communications between all stakeholders (internal and external) Performance and compliance management in accordance with the contract terms, conditions, and scope of work Organizing and monitoring time and performance Payment reviews and certification Vendor performance rating and reviews Funding verification Collection of vendor documents Monitoring vendor documents to ensure they are current and in good standing Filing and retention of contract files and all related documents Resolution to conflicts between all stakeholders Other important contract administration tasks include but are not limited to: Assisting programs/divisions with acquisition planning Preparation and development of clear and defined contract scopes, compensation schedules, amendments, change orders, renewals, supplemental contracts, memorandums of understanding and agreements, and justification and transmittal letters Finally, Department User Agencies must take immediate steps to protect the Government from any instances of non-performance or sub-standard performance. When a performance issue arises in a contract, the goal is to resolve it quickly and fully so not to disrupt services to the GVI. If the issue is not resolved on the level of the Department User Agency, the DPP may collaborate to determine whether the contractor is in default under the contract requirements and terms and conditions. The GVI has several options for termination in the event default occurs. GVI may take action to include but is not limited to requests to cure, issuing notices of partial termination, and notices of termination. Page | 38 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual 11.2 Options to Renew If the contract contains renewal options and the Executive Branch Agency intends to exercise an option, the User Agency must initiate the renewal process in accordance with the terms of the contract or no later than sixty (60) days prior to the expiration of the contract. Additional Steps for Renewal Options: 1. All requests to renew contracts must be submitted to the DPP with a transmittal letter that contains the following mandatory information with the Department User Agency’s intent to exercise its option: a. The name of the user department, agency, board, or commission; b. The name of the contractor and contract number; c. A description of the scope of work to be performed under the contract; and d. The compensation for the term of the contract, identifying the funding source and showing compliance with Title 33, Virgin Islands Code, Chapter 113, Section 3101). 2. The Executive Branch Agency must also submit to DPP proof of Funding for one (1) fiscal year or term of renewal. 3. A DPP Contract Administrator will review all items submitted for compliance, and within five (5) business days of receipt, forward to the Commissioner of DPP through the Assistant Commissioner of Procurement and/or Deputy Commissioner for final approval and acceptance. For RFPs, if the User Agency determines a contract requires an amendment, the User Agency should initiate the amendment process no later than forty-five (45) days before the expiration of the contract, as amendments cannot be processed after the expiration of the underlying contract. Contracts issued pursuant to a formal RFP can only be amended to add extra time, no changes to the scope of work or compensation are permitted. See Appendix G: Amendment to PS Contract Template Up to $1Mil and Appendix H: Amendment to PS Contract Template Over $1Mil for applicable PS amendment templates. *Contracts are not effective until executed by the Government’s authorized signatory; therefore, contractors should not perform work on any contract or seek to be paid for services prior to the full execution and approval of the contract. Page | 39 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual 11.3 Bonds Except as otherwise provided in the Preferred Bidders Statute, a payment and performance bond, or an irrevocable letter of credit for 100 percent of the contract price for construction contracts and design/build professional services contracts over $150,000.00 for the proper performance of each contract, may be required by the Commissioner of Property and Procurement. Pursuant to the V.I. Rules and Regulations at Section 242-1, a “Payment bond” is defined as the “security furnished by the contractor to guarantee the prompt payment of all persons supplying labor and materials in the performance of the work or services provided in the contract.” A “Performance bond” is defined as the “security furnished by the contractor to guarantee the completion of all the requirements of the contract within the original term of the contract and any extension that may be granted, in accordance with the terms of the contract.” The penal sum of both bonds are 50 percent of the total contract amount. The Preferred Bidders Statute, codified at 31 VIC 236a, sets the bid limits for Preferred Bidders. Pursuant to Subsection (c): Bid bonds or surety may be required of Preferred Bidders in bids exceeding $150,000.00. Bid bonds or surety are not to exceed the following amounts: • Two (2%) percent of the bid on bids between $150,000.01 and $300,000.00; • Four (4%) percent of the bid on bids between $300,000.01 and $500,000.00, and • Five (5%) percent of the bid on bids exceeding $500,000.00. Pursuant to Subsection (d): A bond or surety for the proper performance of a contract awarded to a Preferred Bidder shall not exceed 25% of the contract price. Pursuant to Subsection (e): Notwithstanding the foregoing provision of this section, the Commissioner of Property and Procurement and procurement officer of all Virgin Islands government entities, including but not limited to, authorities, agencies, or semi-autonomous instrumentalities, may accept forms of surety from Preferred Bidders other than bid bonds or performance bonds, including one of the following means of guarantee: 1) a performance and payment bond in the amount of 100% of the amount mandated by subsections (c) and (d); 2) a separate performance and payment bond, each in the amount of 50% of the amount mandated by subsections (c) and (d); 3) a 20% cash escrow of the amount mandated by subsections (c) and (d); and 4) an irrevocable letter of credit for 10% of the total contract price provided it is subject to a monitoring and disbursement agreement with the government. 5) As outlined in the Government regulations, retainage of 35% of the total contract price for contracts not to exceed $500,000, until satisfactory completion of the project. Page | 40 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual Section 12: Construction Contract Payments and Change Orders The Commissioner of the Department of Public Works (DPW) or his representative (Inspector and/or Engineer) is responsible for supervision and/or inspection of construction projects. No work shall be done, or materials used without suitable supervision or inspection by the engineer or his representative. Payment documents are to be submitted to the Commissioner of DPW for review, compliance, and processing in accordance with Memorandums Nos. 003-2023 and 005-2023 and the Virgin Islands Rules and Regulations, Sections 242-102 to 242-108. The Commissioner of DPW is the authorized representative on behalf of the Commissioner of DPP to approve partial and final payments on all construction contracts. Contract payments are processed successively, to ensure the project activities align with the Schedule of Amounts, Project Schedules, and Periodical Estimates. The designation of authority to DPW to approve partial and final payments does not extend to contract modifications including change orders, amendments, supplemental contracts, or any other contract changes. These contract modifications continue to be reviewed and approved by the DPP and processed via GVIBUY. Section 13: Invoicing for Services and Payment Certification When billing the Government for services, the contractor(s) shall submit an invoice, providing evidence that the goods were received or the services were performed in accordance with the terms and conditions of the contract. Vendors are capable of submitting invoices in GVIBuy to reduce paper-based processing. However, User Agencies utilizing federal funds with cost shares and different cash accounts for acquisitions must request their vendors to submit their invoices via email. Unless otherwise specified in the contract or approved by the Commissioner of the Department of Property and Procurement, the Government shall not render payment in advance of the delivery of goods or services. An invoice should be titled, “Invoice” and shall include the following information: 1) Company’s name and address 2) Invoice date 3) Invoice number 4) Date/period goods were delivered and/or services were performed 5) Description of the goods or services 6) Total amount 7) Purchase Order number 8) Contract Number, if applicable Page | 41 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual Section 14: Record Management and Retention The DPP is statutorily the custodian of the procurement records of the GVI with the exception of agencies that have been granted the authority to negotiate and manage their small purchase contracts. A procurement file is created for each procurement and contains all documents related to the procurement. A contract file is created for the selected contractor. Some of the documents that are held in the file, as applicable, include but are not limited to: Justification and transmittal letters All bids and proposals or written documentation of verbal offers received Evaluation/negotiation reports and committee recommendations A written, dated, and signed justification for award or cancellation Worksheets and evaluations A written, dated, and signed justification for waiver or emergency purchase Tabulation of offers received Funding source documents Related correspondence including electronic mail (e-mail) or other electronic communications Reasons for receiving only one offer in response to a solicitation Reasons for not accepting technical proposals Copies of any inspection reports Copies of requisitions, purchase orders, terms and conditions, and freight bills Copies of all contractor’s supporting/corporate documents Original executed contract Notice to Proceed Any change orders, amendments, or supplemental contracts Periodical estimates, schedule of amounts, and release of claims Procurement files shall be maintained for six (6) years from the date of the final payment except if the contract or agreement establishes a longer date or circumstances such as litigation or warranties require longer periods of retention. Page | 42 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual Part 5: General Guidance Section 15: The Virgin Islands Department of Justice The Virgin Islands Department of Justice is the executive branch agency, led by the Attorney General, charged with the legal representation and counsel to the executive branch of the Government of the United States Virgin Islands, and all departments, boards, commissions, agencies, instrumentalities. The DOJ’s Solicitor General and assistant attorney generals perform legal sufficiency reviews of all applicable contracts, all emergency and public exigency procurements, all memoranda of understanding (MOU) and memoranda of agreement (MOA), and any other contractual documents necessary to the acquisition of goods and services for the executive branch of the GVI. See Appendix I: Memorandum of Understanding Template, Appendix J: Memorandum of Agreement Template Up to $1Mil, and Appendix K: Memorandum of Agreement Template Over $1Mil for applicable templates. 15.1 Memoranda of Agreement and Understanding All MOUs and MOAs must go through the approval process of DPP review, DOJ legal sufficiency, and approval by the Governor if valued in excess of $1,000,000.00. Note the following, as this approval process applies to all MOUs/MOAs:  Whether or not there is an exchange of funds and/or services  Whether or not the document’s final signatory is the Commissioner of DPP  Whether or not the MOUs/MOAs are between executive branch agencies only or with non-executive branch or third-party entities. In all instances where there will be no exchange of funds and/or services, MOU may be utilized to memorialize each party’s responsibilities and commitments to participate in a particular program or joint partnership towards the fulfilment of a common goal. Executive branch agencies may enter into an MOU with other executive branch agencies, federal agencies, and with profit/non-profit groups. Where there will be the exchange of funds or services or other valuable consideration, between executive branch agencies, semi-autonomous and independent instrumentalities, Federal agencies, and universities, including the University of the Virgin Islands, an MOA will be required. The Commissioner of DPP shall be the final signatory for the GVI, whose signature will be binding, in all MOUs where there is no compensation. Page | 43 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual Section 16: Glossary of Terms The following is a list of definitions of commonly used terms to assist in understanding the procurement and contractual process. Definitions are derived from several sources including but not limited to the Virgin Islands Code, the Virgin Islands Rules and Regulations, the Code of Federal Regulations (CFR), the Federal Acquisition Regulation (FAR), and NIGP The Institute for Public Procurement. Aggregate: The total amount of purchases for a single item or related group of items for a period of time, i.e., one (1) year, one (1) quarter, other period of time as determined by the Department. Allowable cost: An amount meeting the requirements of the applicable program, state regulations, guidance and instructions and the OMB Cost Circulars. Acquisition: The acquiring by contract with appropriated funds of supplies or services (including construction) by and for the use of government through purchase or lease, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated. Acquisition begins at the point when agency needs are established and includes the description of requirements to satisfy agency needs, solicitation and selection of sources, award of contracts, contract financing, contract performance, contract administration, and those technical and management functions directly related to the process of fulfilling agency needs by contract. See also Section 4 (Acquisitions) Award: The acceptance of a bid or proposal from a potential contractor that leads to the execution of a binding contract between the parties. Bid: An offer to perform for a fixed price in accordance with the specifications and conditions set forth in an invitation for bids. Bidder/Proposer: Any individual, firm or corporation submitting a bid on the standard proposal form for the work contemplated, acting directly or through a duly authorized representative in a competitive sealed bidding procurement (generally the term bidder is used in the IFB process, and the term proposer is used in the RFP process). Bid Bond: A promise from a surety or a check that shall be forfeited by the provider if the successful bidder refuses to accept the award of a contract. Bid Protest: A formal written objection made by an unsuccessful offeror regarding the decision making of a solicitation or award of a contract. See also Section 10.1 (Bid Protests) Change order: A written agreement on an approved form signed by the contractor and the Commissioner of Property and Procurement, involving changes or additional work within the provisions of the contract and not considered of sufficient importance to require a “supplemental agreement”. Competitive Negotiation: An alternative method to competitive bidding and formal advertisement where the request for proposals is sent to a select pool of qualified contractors only and negotiations are done with contractors within that group who meet the evaluation criteria. Contracting Officer: The Commissioner of the Department of Property and Procurement and/or his duly authorized designee. Page | 44 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual Contract: The establishment of a binding legal relation basically obligating the seller to furnish personal property or non-personal services (including construction) and the buyer to pay therefor. It includes all types of commitments which obligate the Government to an expenditure of funds and which, except as otherwise authorized, are in writing. In addition to a two-signature document, it includes all transactions resulting from acceptance of offers by awards or notices of awards; agreements and job orders or task letters issued thereunder, letter contracts; letters of intent; and orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance. It also includes modifications. Contract modification: Any written alteration in the specifications, delivery point, rate of delivery, contract period, price, quantity, or other contract provision of an existing contract, whether accomplished by unilateral action in accordance with a contract provision or by mutual action of the parties to the contract. It includes (a) bilateral actions, such as supplemental agreements and amendments, and (b) unilateral actions, such as change orders, notices of termination, and notices of the exercise of an option. Construction Contract: The agreement, executed and approved by the Department of Property and Procurement in the name of the Government of the Virgin Islands, and the successful bidder to whom the award is made, covering the performance of the work or services and the furnishing of labor and materials, by which the contractor is bound to perform the work or services and by which the Government of the Virgin Islands is obligated to compensate him therefore at the mutually established and accepted contract considerations. The contract shall include the plans, specifications, proposal, special provisions, performance bond, payment bond, and any other written mutual supplemental agreements and understandings that are required to complete the construction of the work or performance of the services in an acceptable manner including authorized extensions thereof. Contractor: The individual, partnership, firm or corporation executing a contract as party of the second part, acting directly or through his lawful agents or employees, who is primarily liable for the acceptable performance of the work or services for which he has contracted, and for the payment of all legal debts pertaining to the work. Confirming Order: A purchase that obligates the Government of the Virgin Islands without a written approved purchase order by the Commissioner of the Department of Property and Procurement. Title 31, Chapter 23, Sections 234, 248, and 249 forbids the unauthorized obligation of government funds. The Virgin Islands Code permits the imposing of fines and imprisonment for violators. Confirming orders have to be ratified by the Legislature and approved before payment to the vendor can be effectuated. Debriefing: A practice of informing an unsuccessful respondent to a solicitation about why they were not selected, while discussing the strengths and weaknesses of their proposal. See also Section 10.2 (Debriefing) Executive Branch Agency: One of the executive branch departments, offices, boards, institutions, and other agencies of the Government of the United States Virgin Islands with the exception of the judicial and legislative branches of the GVI. Also referred to as a User Agency. Evaluation Committee: The team approved by the Commissioner of the Department of Property and Procurement to review and evaluate the solicitation responses. See also Section 9.6 (Evaluation Committee) Funding Source: Written documentation that funding is available for the acquisition of goods or services, examples include grant awards, and funding letters from the Virgin Islands Public Finance Page | 45 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual Authority or the Office of Management and Budget. See also Section 8.2 (Proof of Funding/Funding Source) Government: The Government of the United States Virgin Islands. Invitation for Bid: A type of competitive sealed bidding solicitation where the Government provides detailed project specifications or detailed services and invites contractors to submit proposals indicating how much it will cost to complete the project or provide the required services. An award is made on an objective basis generally to the lowest, responsive, responsible bidder. This method is discussed in Section 4.3.1.1 (IFBs) Justification Letter: A letter signed by the User Agency head or authorized designee explaining the need for a particular purchase, the procurement process followed, and the accepted delivery terms, and requesting the approval of the Commissioner of Property and Procurement to proceed with the procurement as outlined in the letter. Justification letters are used when an exception to competitive bidding or procurement policies are being utilized. All justification letters must clearly reference the specific section of the Code authorizing the purchase, and the circumstances must support the exception cited from Title 31, Virgin Islands Code, Chapter 23, Section 239. See also Section 8.1 (Justification Letters) Negotiation: The procedure which allows for exchanges between the Government and one (1) or more parties for the purpose of establishing an agreement and acquiring best value. Open Market: Purchasing goods and supplies or contracting for services under an exception in title 31, Virgin Islands Code, Chapter 23, Section 239, rather than using the formal competitive bidding requirements in title 31, Virgin Islands Code, Chapter 23, Section 236. OPCMR: The Office of Procurement, Contract Management, and Reporting is a specially trained unit responsible for managing procurement functions across the Government of the U.S. Virgin Islands under the supervision of the Commissioner of Property and Procurement. OPCMR was authorized under Executive Order No. 493-2019. Payment Bond: The security furnished by the contractor to guarantee the prompt payment of all persons supplying labor and materials in the performance of the work or services provided in the contract. The bond shall be in an amount equal to one hundred percent (100%) of the total contract amount. Performance Bond: The security furnished by the contractor to guarantee the completion of all the requirements of the contract within the original term of the contract and any extension that may be granted, in accordance with the terms of the contract. The bond shall be in an amount equal to one hundred percent (100%) of the total contract amount. Preferred Bidder: A preferred bidder is a bidder afforded preferential treatment over other non- preferred bidders after attaining preferential bidder status. A preferential bidder must meet the requirement indicated in the Virgin Islands Code. See also Section 9.2. (Preferred Bidders) Procurement: All stages of the acquisition of supplies, materials, equipment, and services (including construction) by means such as purchasing, leasing, or contracting. The terms procurement and acquisition are sometimes used interchangeably. See also Section 4 (Acquisitions) Page | 46 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual Proposal: The written offer in response to a request for proposals to perform the contemplated work or services and furnish the necessary materials, when made out and submitted on the approved proposal form, properly signed and guaranteed. Purchase Order: A written authorization, approved by the Commissioner of the Department of Property and Procurement, for the procurement of goods and services. A purchase order encumbers and specifically sets aside funds for the acquisition of a particular set of goods or services, in the amount required to satisfy said acquisition. See also Section 7 (Requisitions and Purchase Orders) Purchasing: The primary process of obtaining necessary goods and services on behalf of an enterprise, while procurement describes the activities involved in obtaining said goods and services. The public procurement process is unique to the GVI’s operations. Renewal: Contracting with the same contractor for continuation of services during an additional contract period, after the initial contract period, pursuant to the contract terms that are specifically provided in the original contract for the renewal. Responsive: A bid or offer that meets all material requirements of the solicitation. Responsible: The bidder possesses the ability to perform successfully under the terms and conditions of the proposed award. Requisition: A document created by an Executive Branch Agency initiating the commencement of a purchasing transaction for goods and services. It generally includes a description of the need and other information relative to the transaction. When approved, it is converted to a bid or purchase order. See also Section 7 (Requisitions and Purchase Orders) Request for Proposal (RFP): A type of competitive sealed solicitation where the Government solicits proposals from potential providers (proposers) for a project, service or technology, and seeks proposals for the completion thereof. The Government does not provide project specifications with this type of solicitation. The award is made to the responsive and responsible proposer offering the best value. Section also 4.3.1.2 (RFPs) Request for Qualifications (RFQ): Allows the Government to obtain statements of the qualifications of potential responders prior to issuing the solicitation. It is used under certain specific circumstances proscribed by the Virgin Islands Code, Chapter 31, Section 236 (l) and Section 239(a). See also Section 4.3.1.3 (RFQs) Sole Source: An acquisition for the purchase of supplies or services that is entered into or proposed to be entered into by an agency after soliciting and negotiating with only one source. Solicitation: Any request to submit offers or quotations to the Government. Solicitations under sealed bid procedures are referred to as IFBs; and solicitations under negotiated procedures are called “RFPs.” Solicitations under simplified acquisition procedures may require submission of either a quotation or an offer. See also Section 4 (Acquisitions) and Section 9 (The Formal Solicitation Process / Competitive Sealed Bidding). Specifications: The directions, provisions and requirements setting forth or relating to the method and manner of performing or paying for the work or services, or to the kinds and qualities of materials and labor to be furnished under the contract. Page | 47 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual Split Purchases: A split purchase is the intentional breaking down of a known requirement to stay within the Government’s single purchase limit to avoid other procurement methods or competition requirements. This can occur with the same vendor in a Fiscal Year or with multiple vendors in a Fiscal Year. Split purchases are prohibited. User agencies should check with their legal advisor if unsure whether a proposed purchase would be considered split. See 14-5. Split Purchases | Acquisition.GOV Subcontractor: The individual, firm or corporation undertaking the execution of a part of the work or services under the terms of the contract by virtue of an agreement with the contractor, subject to the approval of the Department of Property and Procurement. Supplemental Agreement: A written agreement executed by the contractor and the Commissioner of Property and Procurement, with the consent of the contractor's surety, supplementing the contract to cover changes or changed conditions incidental to and necessary for the acceptable completion of the contract. Page | 48 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual Section 17: Frequently Asked Questions Why was my requisition rejected when I submitted the invoice, and the cost was below $10,000.00? The requisition was disapproved because a requisition must be accompanied by the necessary supporting documentation. If the requisition is being used to pay an invoice for services rendered without prior approval, a services-rendered justification letter, signed by the User Agency’s Agency Head, must also be attached to the requisition for the DPP Commissioner’s approval. See Section 4.3.2.1 Procedures for Acquisitions up to and including $10,000.00 (Micro Purchase Threshold) Why was my requisition rejected when I submitted a quote under $15,000.00 from an off-island vendor? All acquisitions between $10,000.01 and up to $150,000.00 from an off-island or on-island vendor must include at least three (3) quotations. If three quotes are not possible, a justification letter is required. See Section 4.3.2.2 Procedures for Acquisitions Between $10,000.01 and $150,000.00 (Simplified Acquisition Threshold) What documents should a user agency submit to DPP to request the solicitation of services? User Agencies must submit a transmittal letter requesting advertisement along with the funding source and a copy of the Scope of Work/Services. See Section 9: The Formal Solicitation Process/Competitive Sealed Bidding How can I get a Purchase Order modified? User Agencies must submit a request to the Commissioner of DPP, stating the cause for the modification and the revision(s) needed. How long is a Purchase Order valid? POs are generally valid for the period of performance required by contract or the funding source. Purchase Orders that are printed in the ERP by June 1, 2026, will be valid until fully liquidated, but no later than September 30, 2026. Who is required to be registered with SAM.gov? All entities doing business with the Government of the U.S. Virgin Islands must have a current SAM.gov registration. See Section 2: Division of Procurement/OPCMR/GVIBUY When should I use an MOU versus an MOA? A Memorandum of Understanding (MOU) is used when there is no exchange of funds between the parties for the performance of tasks. A Memorandum of Agreement (MOA) is used when funds or in- kind services are being exchanged. See 15.1 Memoranda of Agreement and Understanding How long must a solicitation be posted? The Government’s solicitations are posted for a minimum of 15 days but can be posted for 30 days or more, when applicable. See 9.1 Advertisement and Notice Will single/sole source acquisitions be approved by the Agency Head through Delegated Authority? No, DPP retains this authority. The delegation of authority does not apply to acquisitions foregoing competition via Section 239(a)(8) of the Virgin Islands Code, which is the single/sole source exemption, nor Section 239(a)(9) of the Virgin Islands Code, which is the standardization exemption. User Agencies must continue to request and receive DPP approval for procurements via these exemptions. See Section 4.5 Delegated Procurement Authority Page | 49 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual Under the new Delegated Authority, can an Agency Head approve a contract for $125,000? The delegation of authority under title 31 Section 232(7) of the Virgin Islands Code applies to acquisitions by Purchase Order and Justification Letter only. It does not provide user agencies with the authority to be the final approver on Government contracts, regardless of the amount. The contract approval process outlined in Executive Order No. 493-2019, as amended by Executive Order No. 507- 2020 remains in effect. See Section 4.5 Delegated Procurement Authority What is the difference between the User Agency CFO’s role and the Agency Head’s role in approving acquisitions? For purposes of delegated authority, the Agency Head will be the final approver on acquisitions via justification letters and purchase orders. In structuring an agency’s right-sized procurement office, each agency will have an employee to review the procurement record and recommend approval or disapproval to the agency head. One person cannot serve in both roles. See Section 4.5 Delegated Procurement Authority Why does the Director of the Virgin Islands Energy Office have to approve an agency’s request to purchase a vehicle? Pursuant to 12 V.I.C. § 1129, all vehicles purchased for Government use, must meet minimum fuel efficient and environmental impact national standards, as regulated by the class of vehicle. The Director of the VIEO is charged with making this determination. Where can I find the guidance on the role of Chief Procurement Officers and the government’s contract process? Executive Order No. 493-2019, as amended by Executive Order No. 507-2020, would be the best guide on the responsibilities of Chief Procurement Officers and the contract process. See Appendix L (Executive Order No. 493-2019) and Appendix M (Executive Order No. 507-2020. Page | 50 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual Section 18: Contact Information Questions and comments can be addressed to: Department of Property and Procurement Division of Procurement 8201 Subbase, 3rd Floor, Suite 4 St. Thomas, VI 00802 Telephone: (340) 774-0828 procurement@dpp.vi.gov Page | 51 ~ Government of the U.S. Virgin Islands, Department of Property and Procurement ~ Procurement Manual Section 19: Sources / Appendices This Procurement Manual draws its content in part from multiple sources. The following is a non- inclusive list of sources including statutes, rules and regulations, and executive orders. Acquisitions Title 31, Chapter 23 (Procurement and Sale), Sections 231-251 of the Virgin Islands Code Title 33, Chapter 113 (Appropriations), Section 3101; 3103 of the Virgin Islands Code Title 31, Chapter 23 (Procurement and Sale), Section 231-1 et. seq. of the Virgin Islands Rules and Regulations Executive Order No. 477-2016 Executive Order No. 493-2019 Executive Order No. 507-2020 41 US Code Chapter 1 (Definitions) Title 48, Chapter 1, Subpart 2.101 (Definitions) Federal Acquisition Regulation (2.101 Definitions) Federal Acquisition Regulation (4.805 Storage, handling, and contract files) Act 8717, Act 8920, and Title 3, Chapter 7, Sections 102-103 of the Virgin Islands Code (Re: Bureau of School Construction and Maintenance) Act 8954 Standards of Conduct Title 33, Chapter 113 (Appropriations), Sections 3101, 3103 and 3109 of the Virgin Islands Code Title 3, Chapter 37 (Conflict of Interest), Section 1100 et. seq. of the Virgin Islands Code Title 31, Chapter 23 (Procurement and Sale), Sections 233; 234; 248; 249 of the Virgin Islands Code GVI’s Code of Ethical Conduct (Executive Order No. 540-2025) Definitions Title 31, Chapter 23 (Procurement and Sale), Sections 231-251 of the Virgin Islands Code Title 31, Chapter 23 (Procurement and Sale), Section 231-1 et. seq. of the Virgin Islands Rules and Regulations Title 48, Chapter 1, Subpart 2.101 (Definitions) of the Code of Federal Regulations Title 41, Chapter 1, (Definitions) of the United States Code Federal Acquisition Regulation 2.101 Definitions. | Acquisition.GOV NIGP The Institute for Public Procurement - https://www.nigp.org/dictionary-of-terms Appendices Appendix A: DPP’s Fillable Justification Letter Form Appendix B: Professional Services Contract Up to $1Mil Template Appendix C: Professional Services Contract Over $1Mil Template Appendix D: Evaluation Committee Rules and Procedures Appendix E: Required Contract Supporting Documents Appendix F: Contract Checklist for User Agency Appendix G: Amendment to PSC Template Up to $1Mil Appendix H: Amendment to PSC Template Over $1Mil Appendix I: Memorandum of Understanding Template Appendix J: Memorandum of Agreement Template Up to $1Mil Appendix K: Memorandum of Agreement Template Over $Mil Appendix L: Executive Order No. 493-2019 Appendix M: Executive Order No. 507-2020 APPENDIX A Last revision: 1/31/2025 SALUTATION REQUESTER To: From: Contact Name: Date Prepared: Phone/Ext: Email address: FUNDING DETAILS Account Type/Name: ACCOUNT ATTRIBUTES Org/Obj/Project Codes: Org/Obj/Project Codes: Org/Obj/Project Codes: PURCHASE DETAILS This request is for Goods This request is for Services This request is for both Goods and Services Vendor 1 Bid amount $ Winning bid’s valid until date (Goods): Vendor 2 Bid amount $ or Vendor 3 Bid amount $ Winning bid’s service period (Services): ATTACHMENTS, NEEDS AND STATUTORY AUTHORITY DECLARATION This request is submitted with: Scope of Work (SOW) Solicitation request (IFB,RFP, RFQ, IQ) Sole source documentation, if app. Vendor quotation(s) Vendor proposal(s) Vendor invoice(s) Debarment/exclusion form Fixed Asset Form Other: Please review the exemption aid (separate document) to assist with this selection: Justification for this purchase is sanctioned by 31VIC§239 JUSTIFICATION NARRATIVE Justify the activity and the use of fund(s) for the selected vendor. Goods and Services must be described with pertinent details and must match the quote and/or Proposal submitted by the vendor. Summarize in 500 words or less. SIGNATORIES ______________________ _____________ User Agency CFO Date Certifies that funding is available to support this procurement ______________________ _____________ User Agency CPO, if app. Date Certifies that this procurement is in compliance with VI procurement laws and policies ______________________ _____________ Agency/Department Head Date Approved Disapproved _____________ Date Approved Disapproved Purchase exceeds Delegated Authority _____________ Date Disapproved _____________ ______________________ DPP Designee Approved ______________________ DPP Commissioner Date Approved Disapproved Purchase requires a: Comments: Service/Licensing Agreement Supply Contract Construction Contract PSC/MOU/MOA Justification Letter _________________________ OPCMR Purchase is less than $10k, but requires additional support Purchase is between $10k-$150k, but the lowest vendor was not selected Purchase exceeds $150k and can be procured via an exemption Purchase is technology-based (hardware or software related) BIT approval required Purchase is through a sole-source/single-source procurement DPP approval required Purchase is for a vehicle VIEO and DPP approval required Purchase is for medical equipment/supplies or agriculture-related Purchase or contract is for equipment that is technical in nature Purchase is construction-related (new buildouts, repairs, etc.) DPW approval required Purchase is made under a State of Emergency or Public Exigency DPP approval required SIGN SIGN SIGN SIGN SIGN SIGN Select app. approver APPENDIX B OPCMR 1 RFP No. _________________ Contractor’s Initials: ________ Contract No. _____________________________ [VERSION: 6/1/2026(2)] INSTRUCTIONS FOR PROFESSIONAL SERVICES CONTRACT VALUED UP TO $1,000,000.00: 1. These instructions are not a part of the template; do not submit these Instructions to DPP. 2. All information in red font must be updated by the User Agency to complete the contract. The red font is meant to draw the user agency’s attention to the areas which require changes. Upon updating the required sections, please change the font color to black. Do not submit contracts to DPP with Red Font. 3. In instances where a word is in square brackets in red font, like this [User Agency] agencies must update the required information, delete the brackets and change the font to black. 4. In instances where two clauses are separated by the word “or” agencies are required to use the language that is applicable to the particular contract and to delete the irrelevant clause. As shown in the example below, do not use both clauses in the contract that is submitted to DPP. WHEREAS, the Government solicited the services under RFP No.___________; or WHEREAS, the Contractor was selected in accordance with 31 V.I.C. § 239(a) (##) [insert appropriate exception being utilized]; 5. In instances where text in red appear in parenthesis as shown below, this constitutes instructions in the template and these instructions or the entire clause should be deleted by the user agency based on the applicable circumstances. (Only insert renewal language in the second sentence if the contract has an option to renew) 6. Insert RFP No. in the footer. If not applicable, delete RFP No. from footer. 7. Update all signatories’ names and titles, if applicable. 8. If contract includes renewal options and the contract value will exceed $1,000,000 if the renewals are exercised, Do Not Use this Template, use Version 6/2026(1) instead. 9. Addendum I may be called Scope of Services or Scope of Work, select one and use that selection consistently throughout the Contract. 10. If the compensation under the renewal will differ from the compensation during the base term, Addendum II must include a separate section with the compensation specifics for the renewal period. If this additional section is not included, the Contract can only be renewed at the same compensation as the base term. Do not add the renewal compensation to the compensation of the base term in Paragraph 3 or the introduction to Addendum II. 11. Use the Contract Administration PowerPoint dated 2/3/2025, available in the Procurement Toolkit in Teams for further guidance. OPCMR 2 RFP No. _________________ Contractor’s Initials: ________ Contract No. _____________________________ CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is made this _______ day of ____________, 20___, in the Territory of the Virgin Islands, by and between the Government of the Virgin Islands, Department of Property and Procurement, on behalf of the [User Agency] (hereinafter referred to as "Government") and [Insert Contractor/Company name as it appears on the formation documents (i.e. articles of incorporation)] (hereinafter referred to as "Contractor"). WITNESSETH: WHEREAS, the Government is in need of the services of a Contractor to [Insert summary of scope of services], which duties and responsibilities are more particularly described in Addendum I (Scope of Services) attached hereto; and WHEREAS, the Government solicited the services under RFP No.___________; and or WHEREAS, the Contractor was selected in accordance with 31 V.I.C. § 239(a) (##) [insert appropriate exception being utilized]; and WHEREAS, the Contractor represents that it is willing and capable of providing such services; and NOW, THEREFORE, in consideration of the mutual covenants herein contained, and intending to be legally bound by this written instrument, the parties hereto do covenant and agree as follows: 1. SERVICES The Contractor will provide the services described in Addendum I (Scope of Services) attached hereto and made a part of this Contract. 2. TERM AND EFFECTIVE DATE This Contract shall be effective upon the date of execution of this Contract by the Commissioner of the Department of Property and Procurement and shall terminate [insert number of years (or days or months for contracts less than one year) in words and numerals] thereafter. The Government in its sole discretion, shall have the option to renew this Contract for one (1) additional period of one (1) year subject to the same terms noted herein, by providing the Contractor with sixty (60) days written notice of the Government’s election to renew. (Only insert renewal language in second sentence if the contract has an option to renew. Also, renewal options and notice periods are negotiable (i.e., they can be more or less than the periods noted herein) OPCMR 3 RFP No. _________________ Contractor’s Initials: ________ Contract No. _____________________________ depending on the circumstances of the agreement) (For time-only renewals – replace renew with extend) Or The term of this Contract shall be from October 1, 2025 to September 30, 2026. Upon the date of execution of this Contract by the Commissioner of the Department of Property and Procurement, this Contract shall become effective for the Term set out herein. The Government in its sole discretion, shall have the option to renew this Contract for one (1) additional period of one (1) year subject to the same terms noted herein, by providing the Contractor with sixty (60) days written notice of the Government’s election to renew. (Only insert renewal language in the second sentence if the contract has an option to renew. Also, renewal options and notice periods are negotiable (i.e., they can be more or less than the periods noted herein) depending on the circumstances of the agreement))(For time-only renewals – replace renew with extend). 3. COMPENSATION The Government, in consideration of the satisfactory performance of the services described in Addendum I (Scope of Services), agrees to pay Contractor a sum not to exceed [insert value of contract in words] [($insert value of contract in numerals)] in accordance with the provisions set forth in Addendum II (Compensation) attached hereto and made a part of this Contract. 4. TRAVEL EXPENSES Inclusive of the compensation for services as specified in Paragraph 3 (Compensation) above, the Government agrees to pay documented transportation, subsistence, lodging and other travel expenses, while in travel status, for trips which have been authorized in writing, in advance, by the Government. These costs shall be advanced or reimbursed on the same basis as is applicable to non-contract employees of the Government, or as agreed to by an addendum to this Contract, however, said costs and expenses shall not exceed [$ xxx or $0.00)] (If the Contract includes separate costs for travel expenses, insert the value here. If there are no travel expenses under the MOA, insert $0.00). 5. RECORDS The Contractor when applicable, will present documented precise records of time and/or money expended under this Contract. OPCMR 4 RFP No. _________________ Contractor’s Initials: ________ Contract No. _____________________________ 6. PROFESSIONAL STANDARDS The Contractor agrees to maintain the professional standards applicable to its profession and to consultants doing business in the United States Virgin Islands. 7. DOCUMENTS, PRINTOUTS, ETC. All documents, books, records, instructional materials, programs, printouts and memoranda of every description derived therefrom and pertaining to this Contract shall become the property of the Government and shall be turned over to it at the termination of this Contract. The above- described materials shall not be used by Contractor or by any other person or entity except upon the written permission of the Government. 8. LIABILITY OF OTHERS Nothing in this Contract shall be construed to impose any liability upon the Government to persons, firms, associations, or corporations engaged by Contractor as servants, agents, or independent contractors, or in any other capacity whatsoever, or make Government liable to any such persons, firms, associations, or corporations for the acts, omissions, liabilities, obligations and taxes of Contractor of whatsoever nature, including but not limited to unemployment insurance, gross receipt, excise, and social security taxes for Contractor, its employees, agents or independent contractors. 9. ASSIGNMENT The Contractor shall not subcontract or assign any part of the services under this Contract without the prior written consent of the Government. 10. INDEMNIFICATION Contractor agrees to indemnify, defend and hold harmless Government from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges and expenses (including attorney’s fees) and causes of action of whatsoever character which Government may incur, sustain or be subjected to, arising out of or in any way connected to the services to be performed by Contractor under this Contract and arising from any cause, except the sole negligence of Government. 11. INDEPENDENT CONTRACTOR The Contractor shall perform this Contract as an independent contractor, and nothing herein contained shall be construed to be inconsistent with this relationship or status. OPCMR 5 RFP No. _________________ Contractor’s Initials: ________ Contract No. _____________________________ 12. GOVERNING LAW This Contract shall be governed by the laws of the United States Virgin Islands and jurisdiction shall remain in the United States Virgin Islands. 13. WAIVERS AND AMENDMENTS No waiver, modification or amendment of any term, condition, or provision of this Contract shall be valid or of any force or effect unless made in writing, signed by the parties hereto or their duly authorized representatives, and specifying with particularity the nature and extent of such waiver, modification or amendment. Any such waiver, modification or amendment in any instance or instances shall in no event be construed to be a general waiver, modification or amendment of any of the terms, conditions or provisions of this Contract, but the same shall be strictly limited and restricted to the extent and occasion specified in such signed writing or writings. 14. ENTIRE AGREEMENT This agreement constitutes the entire agreement of the parties relating to the subject matter addressed in this Agreement. This agreement supersedes all prior communications, contracts, or agreements between the parties with respect to the subject matter addressed in this agreement, whether written or oral. 15. RIGHT TO WITHHOLD If work under this Contract is not performed in accordance with the terms hereof, Government will have the right to withhold out of any payment due to Contractor, such sums as Government may deem ample to protect it against loss or to assure payment of claims arising therefrom, and, at its option, Government may apply such sums in such manner as Government may deem proper to secure itself or to satisfy such claims. Government will immediately notify the Contractor in writing in the event that it elects to exercise its right to withhold. No such withholding or application shall be made by Government if and while Contractor gives satisfactory assurance to Government that such claims will be paid by Contractor or its insurance carrier, if applicable in the event that such contest is not successful. 16. CONDITION PRECEDENT This Contract shall be subject to the availability and appropriation of funds and to the approval of the Commissioner of the Department of Property and Procurement. OPCMR 6 RFP No. _________________ Contractor’s Initials: ________ Contract No. _____________________________ 17. TERMINATION Either party will have the right to terminate this Contract with or without cause on [insert number of days in words] [(insert number of days in numerals)] days written notice to the other party specifying the date of termination. 18. PARTIAL TERMINATION The performance of work under this Contract may be terminated by the Government, in part, whenever the Government shall deem such termination advisable by providing [insert number of days in words] [(insert number of days in numerals)] days written notice to the Contractor. This partial termination shall be effected by delivering to the Contractor a Notice of Partial Termination specifying the extent to which the term and/or duties under this Contract are terminated and the date upon which such termination becomes effective. The Contractor shall be entitled to receive payment for services provided to the date of termination, including payment for the period of the [insert number of days in words] [(insert number of days in numerals)] day notice. 19. NON-DISCRIMINATION No person shall be excluded from participating in, be denied the proceeds of, or be subject to discrimination in the performance of this Contract on account of race, creed, color, sex, religion, disability, or national origin. 20. CONFLICT OF INTEREST (a) Contractor covenants that it has no interest and will not acquire any interest direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. (b) Contractor further covenants that it is: (1) not a territorial officer or employee (i.e., the Governor, Lieutenant Governor, member of the Legislature, or any other elected territorial official; or an officer or employee of the legislative, executive or judicial branch of the Government or any agency, board, commission or independent instrumentality of the Government, whether compensated on a salary, fee or contractual basis); or (2) a territorial officer or employee and, as such, has: (i) familiarized itself with the provisions of Title 3, Chapter 37 of the Virgin Islands Code, pertaining to conflicts of interest, including the penalties provision set forth in section 1108 thereof; (ii) not made, negotiated or influenced this Contract, in its official capacity; and OPCMR 7 RFP No. _________________ Contractor’s Initials: ________ Contract No. _____________________________ (iii) no financial interest in the Contract as that term is defined in section 1101(1) of said Code chapter. 21. NOTICE Any notice required to be given by the Terms of this Contract shall be deemed to have been given when the same is sent by certified mail, postage prepaid or personally delivered, addressed to the parties as follows: GOVERNMENT Lisa M. Alejandro Commissioner Department of Property and Procurement 8201 Sub Base, Suite 4 St. Thomas, Virgin Islands 00802 [Name & Title] [User Agency] [Physical Address] [Mailing Address] [City, State, Zip Code] CONTRACTOR [Name & Title] [Name of Company] [Physical Address] [Mailing Address] [City, State, Zip Code] 22. LICENSURE The Contractor covenants that it has: (a) obtained all of the applicable licenses or permits, permanent, temporary or otherwise as required by Title 27 of the Virgin Islands Code; and (b) familiarized itself with the applicable provisions of Title 27 of the Virgin Islands Code pertaining to professions and occupations; or (c) to the extent that the provisions of Title 27 of the Virgin Islands Code pertaining to professions and occupations do not apply to the provision of services under this Contract, it has complied with all licensing or permit requirements from the jurisdiction in which the services under this Contract are performed. OPCMR 8 RFP No. _________________ Contractor’s Initials: ________ Contract No. _____________________________ 23. OTHER PROVISIONS Addenda I and II attached hereto are a part of this Contract and are incorporated herein by reference. (Please make sure all additional addenda, exhibits, or attachments are listed in this section that are made a part of this contract) 24. DEBARMENT CERTIFICATION By execution of this contract, the contractor certifies that it is eligible to receive contract awards using federally appropriated funds, and that it has not been suspended or debarred from entering into contracts with any federal agency, and shall provide a copy of its current Sam.Gov registration details. The Contractor shall include this provision in each of its subcontracts hereunder and shall determine its subcontractors’ eligibility to receive contract awards using federal funds. In the event the Contractor or any subcontractor misrepresents its eligibility to receive contract awards using federal funds, the Contractor or subcontractor agrees that it shall not be entitled to payment for any work performed under this contract or any subcontract and that the Contractor or subcontractor shall promptly reimburse the Government of the Virgin Islands for any progress payments heretofore made. 25. FALSE CLAIMS Contractor warrants that it shall not, with respect to this Contract, make or present any claim upon or against the Government of the Virgin Islands, or any officer department, board, commission, or other agency thereof, knowing such claims to be false, fictitious or fraudulent. Contractor acknowledges that making such a false, fictitious or fraudulent claim is an offence under Virgin Islands law. 26. NOTICE OF FEDERAL FUNDING Contractor acknowledges that this Contract is funded, in whole or in part, by federal funds. Contractor warrants that it shall not, with respect to this Contract, make or present any claim knowing such claim to be false, fictitious, or fraudulent. Contractor acknowledges that making such a false, fictitious, or fraudulent claim is a federal offence. (Only insert if Contract involves federal funds) (If the Contract involves Federal funds, User Agencies must determine the applicability of any required clauses from 2 CFR 200 and the terms and conditions of the applicable grant and insert any required federal clauses via an Addendum to the Contract.) 27. INSURANCE [if contract is being entered into pursuant to an RFP, utilize the insurance provisions from the RFP, otherwise use the language below] (The language below includes minimum insurance requirements; additional insurance coverage (to include policy limits OPCMR 9 RFP No. _________________ Contractor’s Initials: ________ Contract No. _____________________________ and coverage types may be required depending on the nature of services (e.g., residential services including transportation will require automobile insurance, certain technology- based contracts will also require cyber liability coverage), and an increased level of risk exposure). Contractor shall maintain the following insurance coverages during the term of this Contract (a) COMMERCIAL GENERAL LIABILITY: Commercial general liability insurance, in a form acceptable to the Government, on a “per occurrence” basis with a minimum limit of not less than One Million Dollars and Zero Cents ($1,000,000.00) for any one person per occurrence for death or personal injury and One Million Dollars and Zero Cents ($1,000,000.00) for any one occurrence for property damage. Insurance policy(ies) shall name the Government of the Virgin Islands as the certificate holder and additional insured via an endorsement. (Insurance limits may be reduced subject to DPP’s approval, however, insurance limits cannot be less than the total compensation value of the contract. Contracts valued in excess of $1,000,000.00 will require additional coverage subject to DPP’s approval). (b) PROFESSIONAL LIABILITY: Professional liability insurance, in a form acceptable to the Government, which covers the services being performed under this Contract, with policy limits of not less than One Million Dollars and Zero Cents ($1,000,000.00) per claim. The Government shall be listed thereon as a certificate holder. (Insurance limits may be reduced subject to the approval of DPP, however, insurance limits cannot be less than the total compensation value of the contract. Contracts valued in excess of $1,000,000.00 will require additional coverage subject to DPP’s approval). (c) WORKERS’ COMPENSATION: Contractor shall supply current coverage under the Government Insurance Fund or other form of coverage. 28. SEVERABILITY If any paragraph, term, or provision of this Contract is determined to be invalid or unenforceable, such determination shall have no effect on the validity of any other paragraph, term, or provision of this Contract, all of which will remain in full force and effect for the term of the Contract. 29. FACSIMILE, ELECTRONIC & DIGITAL SIGNATURES    A facsimile, electronic or digital signature on this Contract shall be deemed an original and binding upon the Parties hereto. OPCMR 10 RFP No. _________________ Contractor’s Initials: ________ Contract No. _____________________________ The Parties have hereunto set their hands on the day and year as set forth below. GOVERNMENT OF THE VIRGIN ISLANDS ______________________________ Date: _________ [NAME] [TITLE] [USER AGENCY] ______________________________ Date: __________ Lisa M. Alejandro, Commissioner Department of Property and Procurement CONTRACTOR ______________________________ Date: ___________ [NAME] [TITLE] [NAME OF COMPANY] APPROVED AS TO LEGAL SUFFICIENCY DEPARTMENT OF JUSTICE BY: _____________________________ Date _________ Assistant Attorney General APPENDIX C OPCMR 1 RFP No. ____________________ Contractor’s Initials: ________ Contract No. _____________________________ [VERSION: 6/1/2026(1)] INSTRUCTIONS FOR PROFESSIONAL SERVICES CONTRACTS VALUED AT $1,000,000.01 OR MORE: 1. These instructions are not a part of the template, do not submit these Instructions to DPP. 2. All information in red font must be updated by the User Agency in completing the contract. The red font is meant to draw the user agency’s attention to the areas that require changes. Upon updating the required sections, please change the font color to black. Do not submit contractual documents to DPP with Red Font. 3. In instances where a word is in square brackets in red font, like this [User Agency] agencies must update the required information, delete the brackets and change the font to black. 4. In instances where two clauses are separated by the word “or” agencies are required to use the language that is applicable to the particular contract and to delete the irrelevant clause. As shown in the example below, do not use both clauses in the contract that is submitted to DPP. WHEREAS, the Government solicited the services under RFP No.___________; or WHEREAS, the Contractor was selected in accordance with 31 V.I.C. § 239(a) (##) [insert appropriate exception being utilized]; 5. In instances where text in red appear in parenthesis as shown below, this constitutes instructions in the template and these instructions or the entire clause should be deleted by the user agency based on the applicable circumstances. (Only insert renewal language in second sentence if the contract has an option to renew) 6. Insert RFP No. in the footer. If not applicable, delete RFP No. from footer. 7. Update all signatories’ names and titles, if applicable. 8. Addendum I may be called Scope of Work or Scope of Services, select one and use that selection consistently throughout the Contract. 9. If the compensation under the renewal will differ from the compensation during the base term, Addendum II must include a separate section with the compensation specifics for the renewal period. If this additional section is not included, the Contract can only be renewed at the same compensation as the base term. Do not add the renewal compensation to the compensation of the base term in Paragraph 3 or the introduction to Addendum II. 10. Use the Contract Administration PowerPoint dated 2/3/2025, available in the Procurement Toolkit in Teams for further guidance. OPCMR 2 RFP No. ____________________ Contractor’s Initials: ________ Contract No. _____________________________ CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is made this _______ day of ____________, 20___, in the Territory of the Virgin Islands, by and between the Government of the Virgin Islands, Department of Property and Procurement, on behalf of the [User Agency] (hereinafter referred to as "Government") and [Insert Contractor/Company name as it appears on the Contractor’s formation documents (i.e. articles of incorporation)] (hereinafter referred to as "Contractor"). WITNESSETH: WHEREAS, the Government is in need of the services of a Contractor to [Insert summary of scope of services], which duties and responsibilities are more particularly described in Addendum I (Scope of Services) attached hereto; and WHEREAS, the Government solicited the services under RFP No.___________; and or WHEREAS, the Contractor was selected in accordance with 31 V.I.C. § 239(a) (##) [insert appropriate exception being utilized]; and WHEREAS, the Contractor represents that it is willing and capable of providing such services; and NOW, THEREFORE, in consideration of the mutual covenants herein contained, and intending to be legally bound by this written instrument, the parties hereto do covenant and agree as follows: 1. SERVICES The Contractor will provide the services described in Addendum I (Scope of Services) attached hereto and made a part of this Contract. 2. TERM AND EFFECTIVE DATE This Contract shall be effective upon the date of execution of this Contract by the Governor of the U.S. Virgin Islands and shall terminate [insert number of years (or number of days or months for contracts less than one year) in words and numerals] thereafter. The Government, in its sole discretion, shall have the option to renew this Contract for one additional period of one (1) year subject to the same terms noted herein, by providing the Contractor with sixty (60) days written notice of the Government’s election to renew. (Only insert renewal language in the second sentence if the contract has an option to renew. Also, renewal options and notice periods are OPCMR 3 RFP No. ____________________ Contractor’s Initials: ________ Contract No. _____________________________ negotiable (i.e., they can be more or less than the periods noted herein) depending on the circumstances of the agreement))(For time-only renewals – replace renew with extend). Or The term of this Contract shall be from October 1, 2025 to September 30, 2026. Upon the date of execution of this Contract by the Governor of the U. S. Virgin Islands, this Contract shall become effective for the Term set out herein. The Government, in its sole discretion, shall have the option to renew this Contract for one additional period of one (1) year subject to the same terms noted herein, by providing the Contractor with sixty (60) days written notice of the Government’s election to renew. (Only insert renewal language in second sentence if the contract has an option to renew. Also, renewal options and notice periods are negotiable (i.e., they can be more or less than the periods noted herein) depending on the circumstances of the agreement))(For time-only renewals – replace renew with extend) 3. COMPENSATION The Government, in consideration of the satisfactory performance of the services described in Addendum I (Scope of Services), agrees to pay Contractor a sum not to exceed [insert value of contract in words] [($insert value of contract in numerals)] in accordance with the provisions set forth in Addendum II (Compensation) attached hereto and made a part of this Contract. 4. TRAVEL EXPENSES Inclusive of the compensation for services as specified in Paragraph 3 (Compensation) above, the Government agrees to pay documented transportation, subsistence, lodging and other travel expenses, while in travel status, for trips which have been authorized in writing, in advance, by the Government. These costs shall be advanced or reimbursed on the same basis as is applicable to non-contract employees of the Government, or as agreed to by an addendum to this Contract, however, said costs and expenses shall not exceed [$xxx or $0.00)] (If the Contract includes separate costs for travel expenses, insert the value here. If there are no travel expenses under the MOA, insert $0.00). 5. RECORDS The Contractor when applicable, will present documented precise records of time and/or money expended under this Contract. OPCMR 4 RFP No. ____________________ Contractor’s Initials: ________ Contract No. _____________________________ 6. PROFESSIONAL STANDARDS The Contractor agrees to maintain the professional standards applicable to its profession and to consultants doing business in the United States Virgin Islands. 7. DOCUMENTS, PRINTOUTS, ETC. All documents, books, records, instructional materials, programs, printouts and memoranda of every description derived therefrom and pertaining to this Contract shall become the property of the Government and shall be turned over to it at the termination of this Contract. The above- described materials shall not be used by Contractor or by any other person or entity except upon the written permission of the Government. 8. LIABILITY OF OTHERS Nothing in this Contract shall be construed to impose any liability upon the Government to persons, firms, associations, or corporations engaged by Contractor as servants, agents, or independent contractors, or in any other capacity whatsoever, or make Government liable to any such persons, firms, associations, or corporations for the acts, omissions, liabilities, obligations and taxes of Contractor of whatsoever nature, including but not limited to unemployment insurance, gross receipt, excise, and social security taxes for Contractor, its employees, agents or independent contractors. 9. ASSIGNMENT The Contractor shall not subcontract or assign any part of the services under this Contract without the prior written consent of the Government. 10. INDEMNIFICATION Contractor agrees to indemnify, defend and hold harmless Government from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges and expenses (including attorney’s fees) and causes of action of whatsoever character which Government may incur, sustain or be subjected to, arising out of or in any way connected to the services to be performed by Contractor under this Contract and arising from any cause, except the sole negligence of Government. 11. INDEPENDENT CONTRACTOR The Contractor shall perform this Contract as an independent contractor, and nothing herein contained shall be construed to be inconsistent with this relationship or status. OPCMR 5 RFP No. ____________________ Contractor’s Initials: ________ Contract No. _____________________________ 12. GOVERNING LAW This Contract shall be governed by the laws of the United States Virgin Islands, and jurisdiction shall remain in the United States Virgin Islands. 13. WAIVERS AND AMENDMENTS No waiver, modification or amendment of any term, condition, or provision of this Contract shall be valid or of any force or effect unless made in writing, signed by the parties hereto or their duly authorized representatives, and specifying with particularity the nature and extent of such waiver, modification or amendment. Any such waiver, modification or amendment in any instance or instances shall in no event be construed to be a general waiver, modification or amendment of any of the terms, conditions or provisions of this Contract, but the same shall be strictly limited and restricted to the extent and occasion specified in such signed writing or writings. 14. ENTIRE AGREEMENT This agreement constitutes the entire agreement of the parties relating to the subject matter addressed in this Agreement. This agreement supersedes all prior communications, contracts, or agreements between the parties with respect to the subject matter addressed in this agreement, whether written or oral. 15. RIGHT TO WITHHOLD If work under this Contract is not performed in accordance with the terms hereof, Government will have the right to withhold out of any payment due to Contractor, such sums as Government may deem ample to protect it against loss or to assure payment of claims arising therefrom, and, at its option, Government may apply such sums in such manner as Government may deem proper to secure itself or to satisfy such claims. Government will immediately notify the Contractor in writing in the event that it elects to exercise its right to withhold. No such withholding or application shall be made by Government if and while Contractor gives satisfactory assurance to Government that such claims will be paid by Contractor or its insurance carrier, if applicable in the event that such contest is not successful. 16. CONDITION PRECEDENT This Contract shall be subject to the availability and appropriation of funds and to the approval of the Governor of the U.S. Virgin Islands. OPCMR 6 RFP No. ____________________ Contractor’s Initials: ________ Contract No. _____________________________ 17. TERMINATION Either party will have the right to terminate this Contract with or without cause on [insert number of days in words] [(insert number of days in numerals)] days written notice to the other party specifying the date of termination. 18. PARTIAL TERMINATION The performance of work under this Contract may be terminated by the Government, in part, whenever the Government shall deem such termination advisable by providing [insert number of days in words] [(insert number of days in numerals)] days written notice to the Contractor. This partial termination shall be effected by delivering to the Contractor a Notice of Partial Termination specifying the extent to which the term and/or duties under this Contract are terminated and the date upon which such termination becomes effective. The Contractor shall be entitled to receive payment for services provided to the date of termination, including payment for the period of the [insert number of days in words] [(insert number of days in numerals)] day notice. 19. NON-DISCRIMINATION No person shall be excluded from participating in, be denied the proceeds of or be subject to discrimination in the performance of this Contract on account of race, creed, color, sex, religion, disability or national origin. 20. CONFLICT OF INTEREST (a) Contractor covenants that it has no interest and will not acquire any interest direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. (b) Contractor further covenants that it is: (1) not a territorial officer or employee (i.e., the Governor, Lieutenant Governor, member of the Legislature, or any other elected territorial official; or an officer or employee of the legislative, executive or judicial branch of the Government or any agency, board, commission or independent instrumentality of the Government, whether compensated on a salary, fee or contractual basis); or (2) a territorial officer or employee and, as such, has: (i) familiarized itself with the provisions of Title 3, Chapter 37 of the Virgin Islands Code, pertaining to conflicts of interest, including the penalties provision set forth in section 1108 thereof; (ii) not made, negotiated or influenced this Contract, in its official capacity; and (iii) no financial interest in the Contract as that term is defined in section 1101(1) of said Code chapter. OPCMR 7 RFP No. ____________________ Contractor’s Initials: ________ Contract No. _____________________________ 21. NOTICE Any notice required to be given by the Terms of this Contract shall be deemed to have been given when the same is sent by certified mail, postage prepaid or personally delivered, addressed to the parties as follows: GOVERNMENT Lisa M. Alejandro Commissioner Department of Property and Procurement 8201 Sub Base, Suite 4 St. Thomas, Virgin Islands 00802 [Name & Title] [User Agency] [Physical Address] [Mailing Address] [City, State, Zip Code] CONTRACTOR [Name & Title] [Name of Company] [Physical Address] [Mailing Address] [City, State, Zip Code] 22. LICENSURE The Contractor covenants that it has: (a) obtained all of the applicable licenses or permits, permanent, temporary or otherwise as required by Title 27 of the Virgin Islands Code; and (b) familiarized itself with the applicable provisions of Title 27 of the Virgin Islands Code pertaining to professions and occupations; or (c) to the extent that the provisions of Title 27 of the Virgin Islands Code pertaining to professions and occupations do not apply to the provision of services under this Contract, it has complied with all licensing or permit requirements from the jurisdiction in which the services under this Contract are performed. OPCMR 8 RFP No. ____________________ Contractor’s Initials: ________ Contract No. _____________________________ 23. OTHER PROVISIONS Addenda I and II attached hereto are a part of this Contract and are incorporated herein by reference. (Please make sure all additional addenda, exhibits, or attachments are listed in this section that are made a part of this contract) 24. DEBARMENT CERTIFICATION By execution of this contract, the contractor certifies that it is eligible to receive contract awards using federally appropriated funds and that it has not been suspended or debarred from entering into contracts with any federal agency and shall provide a copy of its current Sam.Gov registration details. The Contractor shall include this provision in each of its subcontracts hereunder and shall determine its subcontractors’ eligibility to receive contract awards using federal funds. In the event the Contractor or any subcontractor misrepresents its eligibility to receive contract awards using federal funds, the Contractor or subcontractor agrees that it shall not be entitled to payment for any work performed under this contract or any subcontract and that the Contractor or subcontractor shall promptly reimburse the Government of the Virgin Islands for any progress payments heretofore made. 25. FALSE CLAIMS Contractor warrants that it shall not, with respect to this Contract, make or present any claim upon or against the Government of the Virgin Islands, or any officer department, board, commission, or other agency thereof, knowing such claims to be false, fictitious or fraudulent. Contractor acknowledges that making such a false, fictitious or fraudulent claim is an offence under Virgin Islands law. 26. NOTICE OF FEDERAL FUNDING Contractor acknowledges that this Contract is funded, in whole or in part, by federal funds. Contractor warrants that it shall not, with respect to this Contract, make or present any claim knowing such claim to be false, fictitious, or fraudulent. Contractor acknowledges that making such a false, fictitious, or fraudulent claim is a federal offence. (Only insert if Contract involves federal funds) (If the Contract involves Federal funds, User Agencies must determine the applicability of any required clauses from 2 CFR 200 and the terms and conditions of the applicable grant and insert any required federal clauses via an Addendum to the Contract.) 27. INSURANCE [if contract is being entered into pursuant to an RFP, utilize the insurance provisions from the RFP, otherwise, use the language below]. (The language below includes minimum insurance requirements; additional insurance coverage (to include policy limits and coverage types may be required depending on the nature of services (e.g., residential services including transportation will require automobile insurance, certain OPCMR 9 RFP No. ____________________ Contractor’s Initials: ________ Contract No. _____________________________ technology-based contracts will also require cyber liability coverage), and an increased level of risk exposure). Contractor shall maintain the following insurance coverages during the term of this Contract (a) COMMERCIAL GENERAL LIABILITY: Commercial general liability insurance, in a form acceptable to the Government, on a “per occurrence” basis with a minimum limit of not less than One Million Dollars and Zero Cents ($1,000,000.00) for any one person per occurrence for death or personal injury and One Million Dollars and Zero Cents ($1,000,000.00) for any one occurrence for property damage. Insurance policy(ies) shall name the Government of the Virgin Islands as the certificate holder and additional insured via an endorsement. (Insurance limits may be reduced subject to DPP’s approval, however, insurance limits cannot be less than the total compensation value of the contract. Contracts valued in excess of $1,000,000.00 will require additional coverage subject to DPP’s approval). (b) PROFESSIONAL LIABILITY: Professional liability insurance, in a form acceptable to the Government, which covers the services being performed under this Contract, with policy limits of not less than One Million Dollars and Zero Cents ($1,000,000.00) per claim. The Government shall be listed thereon as a certificate holder. (Insurance limits may be reduced subject to the approval of DPP, however, insurance limits cannot be less than the total compensation value of the contract. Contracts valued in excess of $1,000,000.00 will require additional coverage subject to DPP’s approval). (c) WORKERS’ COMPENSATION: Contractor shall supply current coverage under the Government Insurance Fund or other form of coverage. 28. SEVERABILITY If any paragraph, term, or provision of this Contract is determined to be invalid or unenforceable, such determination shall have no effect on the validity of any other paragraph, term, or provision of this Contract, all of which will remain in full force and effect for the term of the Contract. 29. FACSIMILE, ELECTRONIC & DIGITAL SIGNATURES    A facsimile, electronic or digital signature on this Contract shall be deemed an original and binding upon the Parties hereto. The Parties have hereunto set their hands on the day and year as set forth below. OPCMR 10 RFP No. ____________________ Contractor’s Initials: ________ Contract No. _____________________________ GOVERNMENT OF THE VIRGIN ISLANDS ______________________________ Date: ________ [NAME] [TITLE] [USER AGENCY] ______________________________ Date: ________ Lisa M. Alejandro, Commissioner Department of Property and Procurement CONTRACTOR ______________________________ Date: ________ [NAME] [TITLE] [NAME OF COMPANY] APPROVED AS TO LEGAL SUFFICIENCY DEPARTMENT OF JUSTICE BY: _____________________________ Date: _________ Assistant Attorney General APPROVED: ________________________ Date: __________________ Albert Bryan Jr. GOVERNOR OF THE U.S. VIRGIN ISLANDS APPENDIX D VI Department of Property and Procurement DPP-PROC-001-2025 ~ Evaluation Committee Rules and Procedures ~ 02/5/2025 ~ Page | 1 EVALUATION COMMITTEE RULES AND PROCEDURES Officers and employees of the Government of the Virgin Islands (GVI) have a responsibility, as public servants, to observe and embody the highest standards of ethical conduct, which is critical to preserve the integrity of the GVI. Serving as a member of the Evaluation Committee is a serious responsibility that requires compliance with Territorial laws, rules and regulations, and policies and procedures. Evaluation Committee Members (Committee Members) are required to carry out and execute in good faith the established policies, procedures, and processes of the GVI in the service to our Territory. The Department of Property and Procurement (DPP) appreciates the Committee Members’ firm commitment to integrity, confidentiality, transparency, and timeliness during the evaluation process. General Rules Evaluation Committee members shall: 1. Have no personal interest or relationship with bidders/proposers, including business or financial ties. Any member having such an interest must declare it to the Committee Chairperson prior to participation in the evaluation process. 2. Have no contact with bidders/proposers. All contact shall be strictly through the Commissioner of Property and Procurement or his/her designee. There shall be no individual meetings, lunches, entertainment, or the like or any direct contact with bidders/proposers who have submitted offers once you have been appointed to the Evaluation Committee. 3. Decline all personal gifts, gratuities or anything of value from prospective bidders/proposers. Even appearances of such conflict must be avoided. 4. Report to the Committee Chairperson if any bidder/proposer offers a gift, gratuity or thing of value to the Evaluation Committee Member. 5. Keep all Evaluation Committee deliberations in confidence. 6. Perform a fair and impartial evaluation of all proposals and bids. 7. Grant all competitive bidders/proposers equal consideration, to regard each transaction on its own merits, foster and promote fair, ethical and legal trade practices. 8. Work to achieve a recommendation that will be in the best interest of the Government of the Virgin Islands, one that is fair and impartial to all bidders/proposers. Conflicts of Interest Title 3, Chapter 37 (Conflicts of Interest), Section 1102 of the Virgin Islands Code prohibits officers or employees of the GVI from having any interest financial or otherwise, direct or indirect, which conflicts with the discharge of his or her duties. Section 1102’s conflict-of-interest prohibition is applicable to Committee Members. Committee Members are required to follow GVI’s Code of Ethical Conduct found in Executive Order No. 540-2025, and the policies delineated in DPP’s Procurement Manual. Committee VI Department of Property and Procurement DPP-PROC-001-2025 ~ Evaluation Committee Rules and Procedures ~ 02/5/2025 ~ Page | 2 Members who violate these governing authorities may be subject to civil and criminal penalties, including those outlined in Title 3, Virgin Islands Code, Section 1108 as well as disciplinary action including but not limited to termination from employment. Confidentiality Evaluation Committee Members will receive emails, proposals, and other information relative to the solicitation referenced below that will contain proprietary and confidential information. These emails and proposals are intended for Evaluation Committee Members ONLY. It is strictly prohibited to share or otherwise disseminate, copy, download from the email, store on external drives or otherwise duplicate the email and its contents and attachments or any portion thereof. Evaluation Committee Members are entrusted with the responsibility to safeguard all proposals the member receives. Upon completion of the evaluation and award, Evaluation Committee Members agree to permanently delete all proposals and information received regarding the solicitation Evaluation of Bids/Proposals After the due date for bids and proposals, Evaluation Committee members will receive communication from the Committee Chairperson, scheduling an Evaluation Meeting. Once the Evaluation Meeting is scheduled, Evaluation Committee members will receive a copy of these Evaluation Committee Rules and Procedures. Once signed and returned by the proposed members, Evaluation Committee members will receive proposals and any other related documents to the solicitation. If a proposed member does not complete and sign the Evaluation Committee Rules and Procedures, he/she will not be allowed to serve on the Evaluation Committee and shall not receive any materials related to the project. At the scheduled Evaluation Committee meeting, the Evaluation Committee shall review and discuss bids/proposals. For rating RFPs/RFQs only, each Evaluation Committee Member is required to complete the RFP Selection Committee Rating Form. It is critical to note that pursuant to DPP’s Procurement Manual at Section 9.7, “Each member of the Evaluation Committee with the exception of the Chairperson, shall independently complete the selection committee rating form.” The Rating Form must be submitted to the Committee Chairperson prior to the end of the Committee Meeting. Only in an emergency situation shall the Committee Member be allowed to submit the Rating Form after conclusion of the meeting but in no event shall the submission time be extended to more than one (1) business day. Virtual Meeting Rules In participating in Evaluation Committee meetings, Evaluation Committee members shall: 1. Be punctual. Join the Microsoft Teams meeting at least five (5) minutes prior to the start of the Evaluation Committee meeting. 2. Maintain confidentiality. Do not share, disseminate, or copy bids/proposals or any confidential/proprietary information. 3. Ensure that no other unauthorized person is in the same room, exposed to, or can hear the contents of the meeting. Only Evaluation Committee Members, approved by the User Agency Head, may attend the meeting. It is strictly prohibited to allow non-committee members access to Evaluation Committee deliberations and information. 4. Choose an appropriate meeting space or background. Attend the meeting in a room that has proper lighting or use a non-distracting Microsoft Teams virtual background. Do not drive or attend the meeting in a moving vehicle or other compromising space. VI Department of Property and Procurement DPP-PROC-001-2025 ~ Evaluation Committee Rules and Procedures ~ 02/5/2025 ~ Page | 3 5. Upon the commencement of the meeting: • Turn on the camera. Evaluation Committee members must be visible during the meeting. Proper positioning of the computer camera is required, which entails visibility of the member from chest to head. • Use mute when not speaking to reduce background noises. Join the meeting with the microphone on mute and unmute when speaking. • Acknowledge and agree to recording of the meeting, as applicable. • Refrain from eating (or drinking excessively) during the meeting. • Avoid distractions and multitasking. Focus solely on the meeting and refrain from checking emails and performing other tasks. 6. Dress appropriately and attend the meeting in business or business casual attire. 7. Avoid the use of mobile devices. Recommended devices for joining a Microsoft Teams Meeting include: a computer (desktop, laptop, or a device that establishes a stable connection). 8. Advise the meeting host as early as possible of any meeting time and date conflicts. Evaluation Reports Once the evaluation is completed, Evaluation Committee members will receive the Evaluation Report for review and signature. All Evaluation Committee members shall sign the Evaluation Report within one (1) business day. After all signatures are collected, the Evaluation Report is submitted to the DPP Commissioner for approval and subsequently distributed to Evaluation Committee members. Acknowledgment and Acceptance Failure to comply with the Evaluation Committee Rules and Procedures delineated herein and any other applicable rules, regulation, policies and procedures or the like, is a possible violation of Virgin Islands law and may be grounds for the imposition of fines and imprisonment for violators and discipline, including termination from employment. As a member of the Evaluation Committee, I have read, understand, and agree to comply with the three (3) pages of Evaluation Committee Rules and Procedures described herein. Committee Member Name: Committee Member Signature: Department: Date: SOLICITATION NO./TYPE PROJECT DESCRIPTION: APPENDIX E OPCMR REQUIRED CONTRACT SUPPORTING DOCUMENTS Contract Supporting Documents to be provided by _______________________ 1. Current Virgin Islands Business License issued to the legal name of record of the entity by the Government of the Virgin Islands, Department of Licensing and Consumer Affairs; and copy of current business license issued by state, city or county in which the foreign corporation is operating. 2. Certificate of General Liability Insurance in the minimum amount of $1,000,000.00 and Professional Liability Insurance in the minimum amount of $1,000,000.00: a. With Declarations/Endorsement Pages stating that the “Government of the Virgin Islands’ is an additional insured (on General Liability); and b. listing the “Government of the Virgin Islands” as a certificate holder (on both policies), and indicating the address as follows: Virgin Islands Department of …………. Address St. Thomas, U.S. Virgin Islands 008..-…. c. In the Description of Operations box, indication that “The Government of the Virgin Islands, Department of (Name Department) is an additional insured per the terms of the parties written contract.” d. a copy of the relative insurance policy may be requested for the coverage(s) indicated above and including the name and address of the insured, the policy number, and the term of the policy. 3. If applicable, Certificate of Issuance or Renewal of Trade Name issued by the Office of the Lieutenant Governor of the V.I., Division of Corporations and Trademarks, OR issued by the state, territory or commonwealth of recording, on behalf of the legal name of the Contractor. 4. Articles of Incorporation or Organization or Formation or Existence. 5. Certificate of Corporate [or Association, or Organization] Resolution ON BUSINESS LETTERHEAD, and bearing the seal of the corporation, association, or organization (if seal is applicable). 6. One (1) current Certificate of Good Standing, in legal name of the Contractor by the Virgin Islands Office of the Lt. Governor, Division of Corporations and Trademarks. Expires June 30th of every calendar year. 7. Current Certificate of Government Insurance issued by the Office of Custodian, Department of Finance, Government Insurance Fund; OR Copy of Certificate providing firm/agents are covered by Workers’ Compensation Employee’s Liability. 8. Current Registration with SAM.Gov. vendors must provide their Company’s current Sam.Gov Registration. APPENDIX F OPCMR CONTRACT CHECKLIST for USER AGENCY Revised (September 30, 2022) Department: ____________________________ Contractor Name: ___________________________ Yes No N/A 1.) Is there a copy of the Contractor’s current Virgin Islands Business License or current License from a state if a VI license is not required, or IRS 501(c)(3) certification for non-profits? VI license required for all work performed in the Territory. Yes No N/A 2.) Is there current Proof of Insurance with General Liability Insurance? (GVI as certificate holder and additional insured via an endorsement that explicitly names the Government of the Virgin Islands as an additional insured – blanket insurance endorsements that do not name the Government of the Virgin Islands are not accepted) Yes No N/A 3.) Is there proof of workers’ compensation coverage via Government Insurance Fund Certificate (for all contracts where work will be performed in the Territory) or other insurance policy. Yes No N/A 4.) For professional services contracts (e.g. accounting firms, lawyers, doctors, architects, engineers, consultants, etc.) is professional liability/ errors and omissions coverage attached? GVI should be certificate holder only. Yes No N/A 5.) Is the Contractor’s current Sam.Gov status attached? Yes No N/A IF THE CONTRACTOR IS A CORPORATION (Inc., Co., Corp., Corporation, etc., NON-PROFITS INCLUDED) Yes No N/A 6.) Is there a copy of the Articles of Incorporation and Amendments (if applicable) attached? Yes No N/A 7.) Is there a copy of the current Certificate of Good Standing attached? If the contractor is doing work in the Virgin Islands, they need a Virgin Islands Certificate of Good Standing. The Certificate of Good Standing is valid from July 1st to June 30th. They expire June 30th of every year regardless of the date of issue. Yes No N/A 8.) If a local Certificate of Good Standing is not applicable, because the contractor is located out of the Territory and does not perform any work in the Territory, is a copy of the Certificate of Good Standing from the applicable state attached? User agency is obligated to verify expiration date from the applicable state. Yes No N/A 9.) Is there a copy of the Resolution of the Board of Directors authorizing signatory rights on behalf of the Corporation attached on company’s letterhead, signed or attested and dated by Secretary of the company? Yes No N/A IF DOING BUSINESS AS (D/B/A) Yes No N/A 10.) If Doing Business As (d/b/a) Is there a copy of the current Certificate of Trade Name from the VI Lieutenant Governor’s Office attached? If contractor is out-of-state, check that state’s requirements for expiration. Yes No N/A LIMITED LIABILITY COMPANY (LLC) Yes No N/A 11.) Is there a copy of the current Certificate of Good Standing? If the contractor is doing work in the Virgin Islands, they need a Virgin Islands Certificate of Good Standing. The Certificate of Good Standing is valid from July 1st to June 30th. They expire June 30th of every year regardless of the date of issue. OPCMR Yes No N/A 12.) Is there a copy of a memorandum authorizing the signatory to bind the company, printed on company letterhead and signed or attested and dated by the Secretary of company? Yes No N/A 13.) Is there a copy of the Articles of Organization and amendments (if applicable)? Yes No N/A GENERAL PARTNERSHIP Yes No N/A 14.) Is there a copy of the Partnership agreement (if one exists)? Yes No N/A 15.) Is there a copy of a memorandum authorizing the signatory to bind the company, printed on company letterhead and signed or attested and dated by the Secretary of the company or all partners? Yes No N/A LIMITED PARTNERSHIPS (LP)/ LIMITED LIABILITY PARTNERSHIP (LLP)/ LIMITED LIABILITY PARTNERSHIPS (LLLP) Yes No N/A 16.) Is there a copy of the Certificate of Limited Partnership (for LPs) or a Statement of Qualification (LLP and LLPs)? Yes No N/A 17.) Is there a copy of a memorandum authorizing the signatory to bind the company, printed on company letterhead and signed or attested and dated by the Secretary of the company? Yes No N/A 18.) Is there a copy of the current Certificate of Good Standing? If the contractor is doing work in the Virgin Islands, they need a Virgin Islands Certificate of Good Standing. The Certificate of Good Standing is valid from July 1st to June 30th. They expire June 30th of every year regardless of the date of issue. GENERAL REQUIREMENTS Yes No N/A 19.) If funding or any corporate documents are expiring within 30 days of transmittal, please notify DPP by inserting a BOLD statement in red font in the transmittal letter to DPP. Yes No N/A 20.) Is there a transmittal letter with the contract which identifies (1) the contractor, (2) a brief description of the services and the method of selection (i.e. RFP No. or exemption in 31 V.I.C. § 239(a), (3) the contract’s term, renewal options if applicable, and compensation, (4) funding source, and (5) a list of all enclosed corporate documents and their associated expiration dates? Yes No N/A 21.) Is there a Purchase Order/PFA Letter in the amount at least equal to the contract in accordance with 31 V.I.C. §233 that has not expired? Yes No N/A 22.) Does the PO exceed contract price by 10% or more? POs cannot exceed contract price by 10% or more. Yes No N/A 23.) If a multi-year contract, did the user agency submit a PO through the end of the existing fiscal year and insert a BOLD statement in red font the justification letter to alert DPP that funding in subsequent years will be requested via the Office of Management & Budget? Yes No N/A 24.) If Purchase Order is more than 180 days old; is there an authorization or verification letter from the Department of Finance attached verifying PO balance and continued availability of funding? Yes No N/A 25.) Does the compensation provision reflect the total compensation under the contract, inclusive of travel expenses? Is there a line item for travel expenses? OPCMR Yes No N/A 26.) Is the signature of the head or acting head of the User Department/Agency included? If the contract is not signed by the agency head, is a letter signed by the Governor appointing another to sign on behalf of the agency head in an acting capacity attached? Yes No N/A 27.) Is there a signature for the Contractor? The signature block must reflect the title of the person signing and representative capacity on behalf of a corporate entity, i.e. President, Vice President, etc. This must be consistent with the name and title in the resolution. Yes No N/A 28.) If the Contractor is a corporate entity, is the name of the corporate entity and the signatory’s official position included in the signature block? Yes No N/A 29.) Is the Addendum I (Scope of Work) attached with initials by contractor? Scope of Work must be detailed. Yes No N/A 30.) Does the Contract require deliverables and does it state when the deliverables are due? Yes No N/A 31.) Are deliverables quantifiable, measurable and verifiable? Deliverables need to state estimated period (e.g. number of days from contract execution) that a particular contract line item needs to be delivered or completed. Yes No N/A 32.) Is Addendum II attached with initials by contractor? Yes No N/A 33.) Does Addendum II have clear terms regarding how payments will be made, when they are required and how travel and business costs will be approved and paid? Yes No N/A 34.) Is the written dollar amount exactly the same as the numerals provided? Yes No N/A 35.) Are all other attachments and/or exhibits referenced in the Contract attached? Yes No N/A 36.) Are all pages of the contract, including the Addenda, initialed by the Contractor? Yes No N/A FOR AMENDMENTS ONLY Yes No N/A 37.) Was the Amendment submitted at least 45 days prior to expiration of the underlying Contract? Yes No N/A 38.) If the Contract is being amended for time, has the paragraph with the term been revised? If the change in the term affects the deliverable schedule in Addendum I, has Addendum I been amended to reflect those changes? Yes No N/A 39.) If the Contract is being amended for a cost increase, has the paragraph on compensation been adjusted and is a new compensation addendum attached? Yes No N/A 40.) If the Contract is being amended for new work outside the original scope, has a revised scope of work been attached? Yes No N/A 41.) Are all required supporting documents, including the original contract attached? Yes No N/A FOR EXERCISES OF RENEWAL OPTIONS ONLY Yes No N/A 42.) Does the Contract contain renewal options? If so, is this the 1st or 2nd renewal option? Yes No N/A 43.) Was the Renewal Option submitted in accordance with the terms of the contract or at least 60 days prior to expiration of the contract and are all supporting documents attached? OPCMR **NOTE** Please submit checklist with contract to DPP. If you answered NO to any of the questions, do not transmit the contract to DPP. Please call or email a contract specialist for clarification and assistance. **NOTE** A template for Professional Services and Constructions Contracts can be found online at http://dpp.vi.gov/forms-documents under Procurement & Central Stores. ________________________ _________________ ____________________________ Name of Contract Reviewer Date Signature of Contract Reviewer Title of Contract Reviewer: ____________________________ Email: ______________________ Telephone No: _______________ Ext.: ________ APPENDIX G OPCMR [VERSION: 6/1/2026(2)] INSTRUCTIONS FOR AMENDMENT OF PROFESSIONAL SERVICES CONTRACT VALUED UP TO $1,000.000.00 1. These instructions are not a part of the template, do not submit these Instructions to DPP. 2. All information in red font must be updated by the User Agency in completing the amendment. The red font is meant to draw the user agency’s attention to the areas which require changes. Upon updating the required sections, please change the font color to black. Do not submit contractual documents to DPP with Red Font. 3. In instances where a word is in square brackets in red font, i.e. [User Agency], agencies must update the required information, delete the brackets and change the font to black. 4. In instances where text in red appears in parentheses as shown below, this constitutes instructions in the template, and these instructions or the entire clause should be deleted by the user agency based on the applicable circumstances. (Insert this clause only if the contract is being amended to extend the Term). 5. Number every Amendment and keep track of the numbering sequence. Number the amended Addenda consistent with the numbering of the Amendment in sequence 6. Ensure the paragraph numbers referenced in the Terms and Conditions of the Amendment correspond with the associated numbers in the Contract being amended. 7. This template can be utilized for Amendments for time only, changes in time, plus changes in compensation and scope, or any combination thereof. 8. If the Contract is valued under $1,000,000.00 but the compensation will exceed $1,000,000.00 through the proposed Amendment utilize Amendment Template V. 9.30.2022(1). 9. Use the Contract Administration PowerPoint dated 2/3/2025, available in the Procurement Toolkit in Teams for further guidance. OPCMR 1 Contract No. ________________ Initials: _____ AMENDMENT No. [Insert 1, 2 or 3 as applicable) OF PROFESSIONAL SERVICES CONTRACT [Up to $1,000,000.00] THIS AMENDMENT made as of the ______ day of _____________, 20___ in the Territory of the Virgin Islands, by and between the Government of the Virgin Islands DEPARTMENT OF PROPERTY AND PROCUREMENT, on behalf of the DEPARTMENT of [Insert Department Name] (hereinafter referred to as “Government”) and [Insert Contractor/Company Name as it appears on formation documents] whose address is [Insert Contractor’s/ Company’s mailing address] (hereinafter referred to as “Contractor”). Both parties witness to being duly authorized to execute this agreement and will attest accordingly when and where necessary. WITNESSETH WHEREAS, pursuant to Contract No. [Insert Contract Number] approved by the Commissioner of Property and Procurement on [insert date of Commissioner of DPP’s approval] and its Amendment No. 1, [only include reference to Amendments if any amendments were done], approved by Commissioner of the Department of Property and Procurement on [insert date of Governor’s or Commissioner of DPP’s approval on amendments, if applicable], (which constitute and are hereinafter referred to as the “Contract”), the Government contracted with Contractor to provide [insert summary of services]; and WHEREAS, the Contract expires pursuant to its terms on [insert date for expiration]; and WHEREAS, the parties desire to amend the Contract, to extend its term by one (1) year, to change the Scope of Work or Scope of Services in Addendum I to include [insert description of changes], and [to increase the compensation by ________ ($_______)]; and (this clause can be revised depending on whether an agency is amending for time only, or for change in scope and compensation, or any combination thereof). WHEREAS, the amendment of the Contract pursuant to this Amendment of Professional Services Contract shall not result in any change to the scope of work provided for under the Contract and shall not require an increase to the compensation originally provided for under the Contract. (Insert this clause only if the contract is being amended to extend the Term only and there is no effect on the Scope). NOW THEREFORE, for mutual and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: OPCMR 2 Contract No. ________________ Initials: _____ TERMS AND CONDITIONS 1. The Contract, is hereby amended and its term extended by one (1) year by deleting all existing language contained in Paragraph 2 and replacing it with language as follows: “The Term of this Contract shall be from October 1, 2025 to September 30, 2026. Upon the execution of this Contract by the Commissioner of the Department of Property and Procurement, this Contract shall be effective for the Term set out herein. The Government in its sole discretion will have the option to renew this Contract for one (1) additional period of one (1) year upon the same terms by providing the Contractor with sixty (60) days written notice of the Government’s election to renew the Contract.” (only insert if the term of the Contract is being amended.) 2. Paragraph No. 3 – Compensation is hereby amended to increase the compensation by Fifty Thousand Dollars and Zero Cents ($50,000.00) for a total amount not to exceed Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00) by deleting all of the existing language contained therein and replacing it with new language as follows: “The Government, in consideration of the satisfactory performance of the services described in Addendum I (Scope of Services) [or 1st Amended Addendum I (1st Amended Scope of Services) – if Addendum I is being amended] agrees to pay Contractor the sum not to exceed Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00) in accordance with the provisions set forth in 1st Amended Addendum II (1st Amended Compensation) attached hereto and made a part of this Contract.” (only insert if the compensation is being amended) 3. Addenda I and/ or II of the Contract are revised by deleting all terms contained therein and inserting in lieu thereof all of the terms contained in 1st Amened Addendum I (1st Amended Scope of Services) and 1st Amended Addendum II (1st Amended Compensation) attached hereto and incorporated into the Contract by this reference. (only insert if the contract is being amended to change the scope of services and/or compensation. Note addenda is the plural of addendum, therefore if only I or II is being amended refer to Addendum I or Addendum II) 4. This Amendment is subject to the approval of the Commissioner of the Department of Property and Procurement and to the appropriation and availability of funds. 5. Except as expressly amended in this Amendment, all terms of the Contract and Amendment No. 1 (only insert reference to Amendment No. 1 if applicable) remain in full force and effect. OPCMR 3 Contract No. ________________ Initials: _____ 6. SEVERABILITY If any paragraph, term, or provision of this Amendment is determined to be invalid or unenforceable, such determination shall have no effect on the validity of any other paragraph, term, or provision of this Amendment, all of which will remain in full force and effect for the term of the Contract. 7. FACSIMILE, ELECTRONIC & DIGITAL SIGNATURES A facsimile, electronic or digital signature on this Amendment shall be deemed an original and binding upon the Parties hereto. The Parties have hereunto set their hands on the day and year as set forth below. GOVERNMENT OF THE VIRGIN ISLANDS ______________________________ Date: __________ [Name], Commissioner Department of [User Agency] _______________________________ Date:___________ Lisa M. Alejandro, Commissioner Department of Property & Procurement CONTRACTOR _______________________________ Date: ___________ [Name, Title] [Name of Company] APPROVED AS TO LEGAL SUFFICIENCY DEPARTMENT OF JUSTICE BY: _____________________________ Date _________ Assistant Attorney General OPCMR 4 Contract No. ________________ Initials: _____ APPENDIX H OPCMR 1 [VERSION: 6/1/2026(1)] INSTRUCTIONS FOR AMENDMENT OF PROFESSIONAL SERVICES CONTRACT [Over $1,000,000.00] 1. These instructions are not a part of the template, do not submit these Instructions to DPP. 2. All information in red font must be updated by the User Agency in completing the amendment. The red font is meant to draw the user agency’s attention to the areas which require changes. Upon updating the required sections, please change the font color to black. Do not submit contractual documents to DPP with Red Font. 3. In instances where a word is in square brackets in red font, i.e. [User Agency], agencies must update the required information, delete the brackets and change the font to black. 4. In instances where text in red appear in parenthesis as shown below, this constitutes instructions in the template and these instructions, or the entire clause should be deleted by the user agency based on the applicable circumstances. ` (Insert this clause only if the contract is being amended to extend the Term) 5. Number every Amendment and keep track of the numbering sequence. Number the amended Addenda consistent with the numbering of the Amendment in sequence 6. Ensure the paragraph numbers referenced in the Terms and Conditions of the Amendment correspond with the associated numbers in the Contract being amended. 7. This template can be utilized for Amendments for time only, changes in time, plus changes in compensation and scope, or any combination thereof. 8. If the contract value is $1,000,000.00 or less, utilize Amendment to Professional Services Template V.6/1/2026(2). 9. Use the Contract Administration PowerPoint dated 2/3/2025, available in the Procurement Toolkit in Teams for further guidance. OPCMR 1 Contract No. ________________ Initials: _____ AMENDMENT No. [Insert 1, 2 or 3 as applicable) OF PROFESSIONAL SERVICES CONTRACT [Over $1,000,000.00] THIS AMENDMENT made as of the ______ day of _____________, 20__ in the Territory of the Virgin Islands, by and between the Government of the Virgin Islands DEPARTMENT OF PROPERTY AND PROCUREMENT, on behalf of the DEPARTMENT of [Insert Department Name] (hereinafter referred to as “Government”) and [Insert Contractor/Company Name as it appears on formation documents] whose address is [Insert Contractor’s/ Company’s mailing address] (hereinafter referred to as “Contractor”). Both parties witness to being duly authorized to execute this agreement and will attest accordingly when and where necessary. WITNESSETH WHEREAS, pursuant to Contract No. [Insert Contract Number] approved by the Governor on [insert date of Governor’s approval] and its Amendment No. 1, [only include reference to Amendments if any amendments were done], approved by the Governor on [insert date of Governor’s approval on amendments, if applicable], (which constitute and are hereinafter referred to as the “Contract”), the Government contracted with Contractor to provide [insert summary of services]; and WHEREAS, the Contract expires pursuant to its terms on [insert date for expiration]; and WHEREAS, the parties desire to amend the Contract, to extend its term by one (1) year, to change the Scope of Work or Scope of Services in Addendum I to include [insert description of changes], and to increase the compensation by ________ ($_______); and (this clause can be revised depending on whether an agency is amending for time only, or for change in scope and compensation, or any combination thereof) WHEREAS, the amendment of the Contract pursuant to this Amendment of Professional Services Contract shall not result in any change to the scope of work provided for under the Contract and shall not require an increase to the compensation originally provided for under the Contract. (Insert this clause only if the contract is being amended to extend the Term only and there is no effect on the Scope). NOW THEREFORE, for mutual and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: TERMS AND CONDITIONS 1. The Contract, is hereby amended and its term extended by one (1) year by deleting all existing language contained in Paragraph 2 and replacing it with language as follows: OPCMR 2 Contract No. ________________ Initials: _____ “The Term of this Contract shall be from October 1, 2025 to September 30, 2026. Upon the execution of this Contract by the Governor of the U.S. Virgin Islands, this Contract shall be effective for the Term set out herein. The Government, in its sole discretion, will have the option to renew this Contract for one (1) additional period of one (1) year upon the same terms by providing the Contractor with sixty (60) days written notice of the Government’s election to renew the Contract.” (only insert if the term of the Contract is being amended.) 2. Paragraph No. 3 – Compensation is hereby amended to increase the compensation by Five Hundred Thousand and 00/100 Dollars ($500,000.00) for a total amount not to exceed Seven Hundred Fifty Thousand and 00/100 Dollars ($750,000.00) by deleting all of the existing language contained therein and replacing it with new language as follows: “The Government, in consideration of the satisfactory performance of the services described in Addendum I (Scope of Services) [or 1st Amended Addendum I (1st Amended Scope of Services) – if Addendum I is being amended] agrees to pay Contractor the sum not to exceed Seven Hundred Fifty Thousand and 00/100 Dollars ($750,000.00) in accordance with the provisions set forth in 1st Amended Addendum II (1st Amended Compensation) attached hereto and made a part of this Contract.” (only insert if the compensation is being amended) 3. Addenda I and/ or II of the Contract are revised by deleting all terms contained therein and inserting in lieu thereof all of the terms contained in 1st Amended Addendum I (1st Amended Scope of Services) and 1st Amended Addendum II (1st Amended Compensation) attached hereto and incorporated into the Contract by this reference. (only insert if the contract is being amended to change the scope of services and/or compensation. Note addenda is the plural of addendum, therefore if only I or II is being amended refer to Addendum I or Addendum II) 4. This Amendment is subject to the approval of the Governor of the Virgin Islands and to the appropriation and availability of funds. 5. Except as expressly amended in this Amendment, all terms of the Contract and Amendment No. 1 (only insert reference to Amendment No. 1 if applicable) remain in full force and effect. 6. SEVERABILITY If any paragraph, term, or provision of this Amendment is determined to be invalid or unenforceable, such determination shall have no effect on the validity of any other paragraph, term, OPCMR 3 Contract No. ________________ Initials: _____ or provision of this Amendment, all of which will remain in full force and effect for the term of the Contract. 7. FACSIMILE, ELECTRONIC & DIGITAL SIGNATURES A facsimile, electronic or digital signature on this Amendment shall be deemed an original and binding upon the Parties hereto. The Parties have hereunto set their hands on the day and year as set forth below. GOVERNMENT OF THE VIRGIN ISLANDS ______________________________ Date: __________ [Name], Commissioner Department of [User Agency] _____________________________ Date: _________ Lisa M. Alejandro, Commissioner Department of Property & Procurement CONTRACTOR ______________________________ Date: ___________ [Name, Title] [Name of Company] APPROVED AS TO LEGAL SUFFICIENCY DEPARTMENT OF JUSTICE BY: _____________________________ Date _________ Assistant Attorney General APPROVED: ___________________________ Date: ___________ Albert Bryan Jr. GOVERNOR OF THE VIRGIN ISLANDS APPENDIX I OPCMR 1 Contract No. ________________ Initials: _____ [VERSION:6/1/2026] INSTRUCTIONS FOR MOU: 1. These instructions are not a part of the template, do not submit these Instructions to DPP. 2. All information in red font must be updated by the User Agency in completing the Memorandum of Understanding (MOU). The red font is meant to draw the user agency’s attention to the areas that require changes. Upon updating the required sections, please change the font color to black. Do not submit MOUs to DPP with Red Font. 3. In instances where a word is in square brackets in red font, like this [User Agency] agencies must update the required information, delete the brackets, and change the font to black. 4. In instances where two (2) clauses are separated by the word “or” agencies are required to use the language that is applicable to the particular MOU and to delete the irrelevant clause. 5. In instances where text in red appear in parenthesis as shown below, this constitutes instructions in the template and these instructions or the entire clause should be deleted by the user agency based on the applicable circumstances. (Only insert renewal language in second sentence if the MOU has an option to renew) 6. Update all signatories’ names and titles, when applicable. 7. User Agencies cannot use this MOU template for the acquisition of goods and services that would otherwise be acquired through supply or professional services contracts. OPCMR 1 Contract No. ________________ Initials: _____ MEMORANDUM OF UNDERSTANDING BETWEEN THE VIRGIN ISLANDS DEPARTMENT OF [INSERT DEPARTMENT NAME] & THE VIRGIN ISLANDS OF [INSERT DEPARTMENT NAME]/ ENTITY NAME THROUGH THE VIRGIN ISLANDS DEPARTMENT OF PROPERTY AND PROCUREMENT THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is made this day of ___________20____ , in the Territory of the Virgin Islands, by and between the Government of the Virgin Islands, Department of [Insert Department Name] and Virgin Islands Department of [Insert Department Name]/ Entity Name, each a “Party” or collectively “Parties,” through the Department of Property and Procurement. WITNESSETH: WHEREAS, the Virgin Islands Department of [Insert Department Name] is responsible for [insert responsibilities] pursuant to Title , Section , of the Virgin Islands Code; and WHEREAS, the Virgin Islands Department of [Insert Department Name] is responsible for [insert responsibilities] pursuant to Title , Section , of the Virgin Islands Code; and WHEREAS, the agencies have a common interest in ensuring ; and WHEREAS, the agencies desire to combine efforts in ensuring , by entering into this MOU. NOW, THEREFORE, in consideration of the mutual covenants herein contained, and intending to be legally bound by this written instrument, the parties hereto do covenant and agree as follows: 1. TERM AND EFFECTIVE DATE This MOU shall be effective upon the date of execution of this MOU by the Commissioner of the Department of Property and Procurement and shall terminate [insert term in words and numerals (can be measured in days, weeks, months, or years as applicable] thereafter. The Government, in its sole discretion, shall have the option to renew this MOU for a period of one OPCMR 2 Contract No. ________________ Initials: _____ additional year subject to the same terms noted herein, by providing [insert entity’s name] with sixty (60) days written notice of the Government’s election to renew. (Only insert renewal language in the second sentence if the MOU has an option to renew). 2. COSTS There shall be no exchange of funds between the Parties for the performance of tasks under this MOU. Each Party shall bear all costs associated with the fulfillment of its responsibilities under this MOU. 3. RESPONSIBILITIES/ TASKS 3.1 Department of [Insert Department Name] shall be responsible for: (a) Insert a list of responsibilities as appropriate 3.2 Department of [Insert Department Name] shall be responsible for: (a) Insert a list of responsibilities as appropriate 4. DESIGNATED REPRESENTATIVE Each Party shall designate a representative to oversee its responsibilities under this MOU. Department of [Insert Department Name] designates: Insert name, title and address Department of [Insert Department Name] designates: Insert name, title and address 5. LIABILITY OF OTHERS Nothing in this MOU shall be construed to impose any liability upon the Government to persons, firms, associations, or corporations engaged by [insert entity’s name] as servants, agents, or independent contractors, or in any other capacity whatsoever, or make Government liable to any such persons, firms associations, or corporations for the acts, omissions, liabilities, obligations and taxes of [insert entity’s name] of whatsoever nature, including but not limited to unemployment insurance and social security taxes for [insert entity’s name], its servants, agents or independent contractors. (Insert only if the other entity is not a Government agency) 6. ASSIGNMENT Neither Party shall subcontract or assign any part of the services or responsibilities under this OPCMR 3 Contract No. ________________ Initials: _____ MOU. 7. INDEMNIFICATION [Insert Entity Name] agrees to indemnify, defend and hold harmless Government from and against any and all loss, damage, liability, claims, demands, detriments, cost, charges and expense (including attorney’s fees) and causes of action of whatsoever character which Government may incur, sustain or be subjected to, arising out of or in any way connected to the services to be performed by [insert entity’s name] under this MOU and arising from any cause, except the sole negligence of Government. (Insert only if the other entity is not a Government agency) 8. GOVERNING LAW This MOU shall be governed by the laws of the United States Virgin Islands and jurisdiction shall remain in the United States Virgin Islands. 9. WAIVERS AND AMENDMENTS No waiver, modification or amendment of any term condition or provision of this MOU shall be valid or of any force or effect unless made in writing, signed by the parties hereto or their duly authorized representatives, and specifying with particularity the nature and extent of such waiver, modification or amendment. Any such waiver, modification or amendment in any instance or instances shall in no event be construed to be a general waiver, modification or amendment of any of the terms, conditions or provisions of this MOU, but the same shall be strictly limited and restricted to the extent and occasion specified in such signed writing or writings. 10. ENTIRE AGREEMENT This MOU constitutes the entire agreement of the parties relating to the subject matter addressed in this agreement. This MOU supersedes all prior communications, MOUs, or agreements between the parties with respect to the subject matter addressed in this Agreement, whether written or oral. 11. CONDITION PRECEDENT This MOU shall be subject to the availability and appropriation of funds and to the approval of the Commissioner of the Department of Property and Procurement. 12. TERMINATION Either party will have the right to terminate this MOU with or without cause on [insert number OPCMR 4 Contract No. ________________ Initials: _____ of days in words] [(insert number of days in numerals)] days written notice to the other party specifying the date of termination. 13. NON-DISCRIMINATION No person shall be excluded from participating in, be denied the proceeds of or be subject to discrimination in the performance of this MOU on account of race, creed, color, sex, religion, disability or national origin. 14. CONFLICT OF INTEREST Both Parties covenant that it has no interest and will not acquire any interest direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this MOU. 15. NOTICE Any notice required to be given by the Terms of this MOU shall be deemed to have been given when the same is sent by certified mail, postage prepaid or personally delivered, addressed to the parties as follows: Lisa M. Alejandro Commissioner Department of Property and Procurement 8201 Sub Base, Suite 4 St. Thomas Virgin Islands 00802 [Name & Title] [User Agency] [Physical Address] [Mailing Address] [City, State, Zip Code] [Name & Title] [Name of Entity] [Physical Address] [Mailing Address] [City, State, Zip Code] 16. INSURANCE [Insert Entity Name] shall maintain the following insurance coverages during the term of this MOU (ONLY INSERT WHERE THE ENTITY IS PROVIDING DIRECT SERVICES TO OR ON BEHALF OF THE GOVERNMENT) OPCMR 5 Contract No. ________________ Initials: _____ (a) COMMERCIAL GENERAL LIABILITY: Commercial general liability insurance, in a form acceptable to the Government, on a “per occurrence” basis with a minimum limit of not less than One Million Dollars and Zero ($1,000,000.00) for any one person per occurrence for death or personal injury and One Million Dollars and Zero Cents ($1,000,000.00) for any one occurrence for property damage. Insurance policy(ies) shall name the Government of the Virgin Islands as the certificate holder and additional insured via a scheduled endorsement. (Insurance limits may be reduced subject to DPP’s approval). (b) PROFESSIONAL LIABILITY: Professional liability insurance, in a form acceptable to the Government, which covers the services being performed under this MOU, with policy limits of not less than One Million Dollars and Zero Cents ($1,000,000.00) per claim. The Government shall be listed thereon as a certificate holder. (Insurance limits may be reduced, subject to the approval of DPP). (c) WORKERS’ COMPENSATION: Contractor shall supply current coverage under the Government Insurance Fund or other form of coverage. 17. FASCIMILE, ELECTRONIC & DIGITAL SIGNATURES A facsimile, electronic or digital signature on this MOU shall be deemed an original and binding upon the Parties hereto. The parties have hereunto set their hands as set forth below. GOVERNMENT OF THE VIRGIN ISLANDS (If the Parties include a non-Government entity create a separate heading for the other entity similar to the PSC format) ______________________________ Date: __________ [NAME] [TITLE] [AGENCY] ______________________________ Date: ___________ [NAME] [TITLE] [AGENCY/ENTITY] _____________________________ Date: ____________ Lisa M. Alejandro, Commissioner Department of Property and Procurement APPROVED AS TO LEGAL SUFFICIENCY DEPARTMENT OF JUSTICE BY: _____________________________ Date _________ APPENDIX J OPCMR [VERSION:6/1/2026(2)] INSTRUCTIONS FOR MEMORANDA OF AGREEMENT VALUED UP TO $1,000,000.00: 1. These instructions are not a part of the template, do not submit these Instructions to DPP. 2. The Memorandum of Agreement (“MOA”) is the equivalent of a professional services contract; however, the “Contractor” is another Government agency or instrumentality of a Government. 3. All information in red font must be updated by the User Agency in completing the MOA. The red font is meant to draw the user agency’s attention to the areas which require changes. Upon updating the required sections, please change the font color to black. Do not submit MOAs to DPP with Red Font. 4. In instances where a word is in square brackets in red font, like this [User Agency] agencies must update the required information, delete the brackets, and change the font to black. 5. In instances where two clauses are separated by the word “or” agencies are required to use the language that is applicable to the particular MOA and to delete the irrelevant clause. As shown in the example below, do not use both clauses in the MOA that is submitted to DPP. WHEREAS, the Government solicited the services under RFP No.___________; or WHEREAS, the Contractor was selected in accordance with 31 V.I.C. § 239(a) (##) [insert appropriate exception being utilized]; Please only select the clause that is applicable to the particular contract. 6. In instances where text in red appear in parenthesis as shown below, this constitutes instructions in the template and these instructions or the entire clause should be deleted by the user agency based on the applicable circumstances. (Only insert renewal language in second sentence if the MOA has an option to renew) 7. Insert RFP No. in the footer. If not applicable, delete RFP No. from footer. 8. Update all signatories’ names and titles, when applicable. 9. If the agreement is between two executive branch departments, use the departments' names in place of references to the Government. 10. Addendum I may be called Scope of Work or Scope of Services, select one and use that selection consistently throughout the MOA. 11. If the MOA includes renewal options and the MOA value will exceed $1,000,000.00 if the renewals are exercised, Do Not Use this Template, use MOA Version 6/1/2026(1) instead. 12. If the compensation under the renewal will differ from the compensation during the base term, Addendum II must include a separate section with the compensation specifics for the renewal period. If this additional section is not included, the MOA can only be renewed at the same compensation as the base term. Do not add the renewal compensation to the compensation of the base term in Paragraph 3 or the introduction to Addendum II. 13. Use the Contract Administration PowerPoint dated 2/3/2025, available in the Procurement Toolkit in Teams for further guidance. OPCMR 1 Contract No. ________________ Initials: _____ MEMORANDUM OF AGREEMENT [For Agreements up to $1,000,000.00] THIS MEMORANDUM OF AGREEMENT (“MOA”) is made this day of___________, 20__, in the Territory of the Virgin Islands, by and between the Government of the Virgin Islands, Department of Property and Procurement, on behalf of the [User Agency] (hereinafter referred to as "Government") and [Insert Authority or University Name (i.e. UVI or any State/Public Universities outside of the Territory)] (hereinafter referred to as ["Insert Defined Term/Naming Convention"]). Or THIS MEMORANDUM OF AGREEMENT (“MOA”) is made this day of ________________, 20____ in the Territory of the Virgin Islands, by and between the Government of the Virgin Islands, Department of [Insert Department Name] and Virgin Islands Department of [Insert Department Name]/ Entity Name, each a “Party” or collectively “Parties,” through the Department of Property and Procurement. (use this option if the agreement is between two (2) executive branch entities) WITNESSETH: WHEREAS, the Government is in need of the services of a Contractor to [Insert summary of services], which duties and responsibilities are more particularly described in Addendum I (Scope of Services) attached hereto; and WHEREAS, [insert entity name] was selected in accordance with 31 V.I.C. § 239(a)[(insert applicable exemption)]; and WHEREAS, [insert entity name] represents that it is willing and capable of providing such services. NOW, THEREFORE, in consideration of the mutual covenants herein contained, and intending to be legally bound by this written instrument, the parties hereto do covenant and agree as follows: 1. SERVICES [Insert entity’s name] will provide the services described in Addendum I (Scope of Services) attached hereto and made a part of this MOA. 2. TERM AND EFFECTIVE DATE This MOA shall be effective upon the date of execution of this MOA by the Commissioner of the Department of Property and Procurement and shall terminate [insert number of years (or days or OPCMR 2 Contract No. ________________ Initials: _____ months, if MOA is less than one year) in words and numerals] thereafter. The Government, in its sole discretion, shall have the option to renew this MOA for one (1) additional period of one (1) year subject to the same terms noted herein, by providing [insert entity name] with [sixty (60)] days written notice of the Government’s election to renew. (Only insert renewal language in the second sentence if the MOA has an option to renew. Also, renewal options and notice periods are negotiable (i.e., they can be more or less than the periods noted herein) depending on the circumstances of the agreement))(For time-only renewals – replace renew with extend). Or The term of this MOA shall be from October 1, 2025 to September 30, 2026. Upon the date of execution of this MOA by the Commissioner of the Department of Property and Procurement, this MOA shall become effective for the Term set out herein. The Government, in its sole discretion, shall have the option to renew this MOA for one (1) additional period of one (1) year subject to the same terms noted herein, by providing the [insert entity name] with sixty (60) days written notice of the Government’s election to renew. (Only insert renewal language in the second sentence if the MOA has an option to renew. Also, renewal options and notice periods are negotiable (i.e., they can be more or less than the periods noted herein) depending on the circumstances of the agreement))(For time-only renewals – replace renew with extend)). 3. COMPENSATION [Insert Entity’s name], in consideration of the satisfactory performance of the services described in Addendum I (Scope of Services), agrees to pay [insert entity name] a sum not to exceed [insert value of contract in words] [($insert value of contract in numerals)] in accordance with the provisions set forth in Addendum II (Compensation) attached hereto and made a part of this MOA. 4. TRAVEL EXPENSES Inclusive of the compensation for services as specified in Paragraph 3 (Compensation) above, the Government agrees to pay documented transportation, subsistence, lodging and other travel expenses, while in travel status, for trips which have been authorized in writing, in advance, by the Government. These costs shall be advanced or reimbursed on the same basis as is applicable to non-contract employees of the Government, or as agreed to by an addendum to this MOA, however, said costs and expenses shall not exceed [$xx or $0.00)] (If the MOA includes separate costs for travel expenses, insert the value here. If there are no travel expenses under the MOA, insert $0.00). 5. RECORDS [Insert Entity Name] when applicable, will present documented precise records of time and/or money expended under this MOA. OPCMR 3 Contract No. ________________ Initials: _____ 6. PROFESSIONAL STANDARDS [Insert Entity’s Name] agrees to maintain the professional standards applicable to its profession and to consultants doing business in the United States Virgin Islands. 7. DOCUMENTS, PRINTOUTS, ETC. All documents, books, records, instructional materials, programs, printouts, and memoranda of every description derived therefrom and pertaining to this MOA shall become the property of the Government and shall be turned over to it at the termination of this MOA. The above-described materials shall not be used by [Insert Entity’s Name] or by any other person or entity except upon the written permission of the Government. 8. LIABILITY OF OTHERS Nothing in this MOA shall be construed to impose any liability upon the Government to persons, firms, associations, or corporations engaged by [insert Entity’s Name] as servants, agents, or independent contractors, or in any other capacity whatsoever, or make Government liable to any such persons, firms associations, or corporations for the acts, omissions, liabilities, obligations and taxes of Contractor of whatsoever nature, including but not limited to unemployment insurance and social security taxes for [insert entity name], its employees, agents or independent contractors. (do not insert this if the MOA is between two Executive branch departments) 9. ASSIGNMENT [Insert Entity’s Name] shall not subcontract or assign any part of the services under this MOA without the prior written consent of the Government. 10. INDEMNIFICATION [Insert Entity’s Name] agrees to indemnify, defend and hold harmless Government from and against any and all loss, damage, liability, claims, demands, detriments, cost, charges and expense (including attorney’s fees) and causes of action of whatsoever character which Government may incur, sustain or be subjected to, arising out of or in any way connected to the services to be performed by [insert Entity’s Name] under this MOA and arising from any cause, except the sole negligence of Government. (Do not insert if the MOA is between two Executive branch departments, if the other party is a Federal agency, or independent instrumentality of the GVI, begin sentence with “To the extent permitted by law”) 11. INDEPENDENT CONTRACTOR [Insert Entity Name] shall perform this MOA as an independent contractor and nothing herein contained shall be construed to be inconsistent with this relationship or status. OPCMR 4 Contract No. ________________ Initials: _____ 12. GOVERNING LAW This MOA shall be governed by the laws of the United States Virgin Islands and jurisdiction shall remain in the United States Virgin Islands. 13. WAIVERS AND AMENDMENTS No waiver, modification or amendment of any term condition or provision of this MOA shall be valid or of any force or effect unless made in writing, signed by the parties hereto or their duly authorized representatives, and specifying with particularity the nature and extent of such waiver, modification or amendment. Any such waiver, modification or amendment in any instance or instances shall in no event be construed to be a general waiver, modification or amendment of any of the terms, conditions or provisions of this MOA, but the same shall be strictly limited and restricted to the extent and occasion specified in such signed writing or writings. 14. ENTIRE AGREEMENT This MOA constitutes the entire agreement of the parties relating to the subject matter addressed in this agreement. This agreement supersedes all prior communications, MOAs, or agreements between the parties with respect to the subject matter addressed in this Agreement, whether written or oral. 15. RIGHT TO WITHHOLD If work under this MOA is not performed in accordance with the terms hereof, Government will have the right to withhold out of any payment due to [insert Entity’s Name], such sums as Government may deem ample to protect it against loss or to assure payment of claims arising therefrom, and, at its option, Government may apply such sums in such manner as Government may deem proper to secure itself or to satisfy such claims. Government will immediately notify the [insert Entity’s Name] in writing in the event that it elects to exercise its right to withhold. No such withholding or application shall be made by Government if and while [insert Entity’s Name] gives satisfactory assurance to Government that such claims will be paid by Contractor or its insurance carrier, if applicable in the event that such contest is not successful. 16. CONDITION PRECEDENT This MOA shall be subject to the availability and appropriation of funds and to the approval of the Commissioner of the Department of Property and Procurement. OPCMR 5 Contract No. ________________ Initials: _____ 17. TERMINATION Either party will have the right to terminate this MOA with or without cause on [insert number of days in words] [(insert number of days in numerals)] days written notice to the other party specifying the date of termination. 18. PARTIAL TERMINATION The performance of work under this MOA may be terminated by the Government, in part, whenever the Government shall deem such termination advisable by providing [insert number of days in words] [(insert number of days in numerals)] days written notice to the [insert entity’s name]. This partial termination shall be effected by delivering to the [insert entity’s name] a Notice of Partial Termination specifying the extent to which the term and/or duties under this MOA are terminated and the date upon which such termination becomes effective. The [insert entity’s name] shall be entitled to receive payment for services provided to the date of termination, including payment for the period of the [insert number of days in words] [(insert number of days in numerals)] day notice. 19. NON-DISCRIMINATION No person shall be excluded from participating in, be denied the proceeds of or be subject to discrimination in the performance of this MOA on account of race, creed, color, sex, religion, disability or national origin. 20. CONFLICT OF INTEREST [Insert Entity’s Name] covenants that it has no interest and will not acquire any interest direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this MOA. 21. NOTICE Any notice required to be given by the Terms of this MOA shall be deemed to have been given when the same is sent by certified mail, postage prepaid or personally delivered, addressed to the parties as follows: GOVERNMENT Lisa M. Alejandro Commissioner Department of Property and Procurement 8201 Sub Base, Suite 4 St. Thomas U.S. Virgin Islands 00802 OPCMR 6 Contract No. ________________ Initials: _____ [Name & Title] [User Agency] [Physical Address] [Mailing Address] [City, State, Zip Code] [INSERT ENTITY NAME] [Name & Title] [Name of Company] [Physical Address] [Mailing Address] [City, State, Zip Code] 22. LICENSURE [Insert Entity’s Name] covenants that it has: (a) obtained all of the applicable licenses or permits, permanent, temporary or otherwise as required by Title 27 of the Virgin Islands Code; and (b) familiarized itself with the applicable provisions of Title 27 of the Virgin Islands Code pertaining to professions and occupations; or (c) to the extent that the provisions of Title 27 of the Virgin Islands Code pertaining to professions and occupations do not apply to the provision of services under this MOA, it has complied with all licensing or permit requirements from the jurisdiction in which the services under this MOA are performed. 23. OTHER PROVISIONS Addenda I and II attached hereto are a part of this MOA and are incorporated herein by reference. (Please make sure all additional addenda, exhibits, or attachments are listed in this section that are made a part of this MOA) 24. DEBARMENT CERTIFICATION By execution of this MOA, the [insert Entity’s Name] certifies that it is eligible to receive awards using federally appropriated funds and that it has not been suspended or debarred from entering into agreements with any federal agency and shall provide a copy of its current Sam.Gov registration details. [Insert Entity’s Name] shall include this provision in each of its subcontracts hereunder and determine its subcontractors' eligibility to receive contract awards using federal funds. In the event [insert Entity’s Name] or any subcontractor misrepresents its eligibility to receive contract awards using federal funds, the [insert Entity’s Name] or subcontractor agrees that it shall not be entitled to payment for any work performed under this MOA or any subcontract and that the [insert Entity’s Name] or subcontractor shall promptly reimburse the Government of the Virgin Islands for any progress payments heretofore made. OPCMR 7 Contract No. ________________ Initials: _____ 25. FALSE CLAIMS [Insert Entity’s Name] warrants that it shall not, with respect to this MOA, make or present any claim upon or against the Government of the Virgin Islands, or any officer department, board, commission, or other agency thereof, knowing such claims to be false, fictitious or fraudulent. [Insert Entity’s Name] acknowledges that making such a false, fictitious or fraudulent claim is an offence under Virgin Islands law. 26. NOTICE OF FEDERAL FUNDING [Insert Entity’s Name] acknowledges that this MOA is funded, in whole or in part, by federal funds. [Insert Entity’s Name] warrants that it shall not, with respect to this MOA, make or present any claim knowing such claim to be false, fictitious, or fraudulent. [Insert Entity’s Name] acknowledges that making such a false, fictitious, or fraudulent claim is a federal offence. (Only insert if MOA involves federal funds) (If the MOA involves Federal funds, User Agencies must determine the applicability of any required clauses from 2 CFR 200 and the terms and conditions of the applicable grant and insert any required federal clauses via an Addendum to the MOA.) 27. SEVERABILITY If any paragraph, term, or provision of this MOA is determined to be invalid or unenforceable, such determination shall have no effect on the validity of any other paragraph, term, or provision of this MOA, all of which will remain in full force and effect for the term of the MOA. 28. FACSIMILE, ELECTRONIC & DIGITAL SIGNATURES    A facsimile, electronic or digital signature on this Contract shall be deemed an original and binding upon the Parties hereto. The parties have hereunto set their hands on the day and year first above written. GOVERNMENT OF THE VIRGIN ISLANDS _______________________________ Date: __________________ [NAME] [TITLE] [USER AGENCY] OPCMR 8 Contract No. ________________ Initials: _____ _____________________________________ Date: ___________________ Lisa M. Alejandro, Commissioner Department of Property and Procurement [Insert Entity Name] _____________________________________ Date: __________________ [NAME] [TITLE] [NAME OF COMPANY] APPROVED AS TO LEGAL SUFFICIENCY DEPARTMENT OF JUSTICE BY: _____________________________ Date _________ Assistant Attorney General APPENDIX K OPCMR 1 Contract No. ________________ Initials: _____ [VERSION:6/1/2026(1)] INSTRUCTIONS FOR MEMORANDA OF AGREEMENT VALUED OVER $1,000,000.00: 1. These instructions are not a part of the template, do not submit these Instructions to DPP. 2. The Memorandum of Agreement (“MOA”) is the equivalent of a professional services contract; however, the “Contractor” is another Government agency or instrumentality of a Government. 3. All information in red font must be updated by the User Agency in completing the MOA. The red font is meant to draw the user agency’s attention to the areas that require changes. Upon updating the required sections, please change the font color to black. Do not submit MOAs to DPP with Red Font. 4. In instances where a word is in square brackets in red font, like this [User Agency] agencies must update the required information, delete the brackets, and change the font to black. 5. In instances where two clauses are separated by the word “or” agencies are required to use the language that is applicable to the particular MOA and to delete the irrelevant clause. 6. In instances where text in red appear in parenthesis as shown below, this constitutes instructions in the template and these instructions or the entire clause should be deleted by the user agency based on the applicable circumstances. (Only insert renewal language in second sentence if the MOA has an option to renew) 7. Insert RFP No. in the footer. If not applicable, delete RFP No. from footer. 8. Update all signatories’ names and titles, when applicable. 9. If the agreement is between two executive branch departments, use the departments names in place of references to Government. 10. Addendum I may be called Scope of Work or Scope of Services, select one and use that selection consistently throughout MOA. 11. If the compensation under the renewal will differ from the compensation during the base term, Addendum II must include a separate section with the compensation specifics for the renewal period. If this additional section is not included, the MOA can only be renewed at the same compensation as the base term. Do not add the renewal compensation to the compensation of the base term in Paragraph 3 or the introduction to Addendum II. 12. Use the Contract Administration PowerPoint dated 2/3/2025, available in the Procurement Toolkit in Teams for further guidance. OPCMR 2 Contract No. ________________ Initials: _____ MEMORANDUM OF AGREEMENT [For Agreements over $1,000,000.00] THIS MEMORANDUM OF AGREEMENT (“MOA”) is made this ___ day of _________, 20__ in the Territory of the Virgin Islands, by and between the Government of the Virgin Islands, Department of Property and Procurement, on behalf of the [User Agency] (hereinafter referred to as "Government") and [Insert Authority or University Name (i.e. UVI or any State Universities outside of the Territory)] (hereinafter referred to as " "). Or THIS MEMORANDUM OF AGREEMENT (“MOA”) is made this day of ________, 20__ in the Territory of the Virgin Islands, by and between the Government of the Virgin Islands, Department of [Insert Department Name] and Virgin Islands Department of [Insert Department Name]/ Entity Name, each a “Party” or collectively “Parties,” through the Department of Property and Procurement. (use this option if the agreement is between two (2) executive branch entities) WITNESSETH: WHEREAS, the Government is in need of the services of a Contractor to [Insert summary of scope of services], which duties and responsibilities are more particularly described in Addendum I (Scope of Services) attached hereto; and WHEREAS, [insert entity name] was selected in accordance with 31 V.I.C. § 239(a)(8) [or other applicable exemption] (pick the appropriate exemption do not leave “or other applicable exemption” in the text); and WHEREAS, [insert entity name] represents that it is willing and capable of providing such services. NOW, THEREFORE, in consideration of the mutual covenants herein contained, and intending to be legally bound by this written instrument, the parties hereto do covenant and agree as follows: 1. SERVICES [Insert entity’s name] will provide the services described in Addendum I (Scope of Services) attached hereto and made a part of this MOA. OPCMR 3 Contract No. ________________ Initials: _____ 2. TERM AND EFFECTIVE DATE This MOA shall be effective upon the date of execution of this MOA by the Governor of the U.S. Virgin Islands and shall terminate [insert number of years (or days or months for MOAs less than one year) in words and numerals] thereafter. The Government in its sole discretion, shall have the option to renew this MOA for one (1) additional period of one (1) year, subject to the same terms noted herein, by providing [insert entity name] with sixty (60) days written notice of the Government’s election to renew. (Only insert renewal language in second sentence if the MOA has an option to renew. Also, renewal options and notice periods are negotiable (i.e., they can be more or less than the periods noted herein) depending on the circumstances of the agreement))(For time-only renewals – replace renew with extend)) Or The term of this MOA shall be from October 1, 2025 to September 30, 2026. Upon the date of execution of this MOA by the Governor of the U.S. Virgin Islands, this MOA shall become effective for the Term set out herein. The Government in its sole discretion, shall have the option to renew this MOA for a period of one additional year subject to the same terms noted herein, by providing [insert entity name] with [sixty (60)] days written notice of the Government’s election to renew. (Only insert renewal language in second sentence if the MOA has an option to renew. Also, renewal options and notice periods are negotiable (i.e., they can be more or less than the periods noted herein) depending on the circumstances of the agreement))(For time-only renewals – replace renew with extend). 3. COMPENSATION [Insert Entity’s name], in consideration of the satisfactory performance of the services described in Addendum I (Scope of Services), agrees to pay [insert entity name] a sum not to exceed [insert value of MOA in words] [($insert value of MOA in numerals)] in accordance with the provisions set forth in Addendum II (Compensation) attached hereto and made a part of this MOA. 4. TRAVEL EXPENSES Inclusive of the compensation for services as specified in Paragraph 3 (Compensation) above, the Government agrees to pay documented transportation, subsistence, lodging and other travel expenses, while in travel status, for trips which have been authorized in writing, in advance, by the Government. These costs shall be advanced or reimbursed on the same basis as is applicable to non-contract employees of the Government, or as agreed to by an addendum to this MOA, however, said costs and expenses shall not exceed [$xx or $0.00)] (If the MOA includes separate costs for travel expenses, insert the value here. If there are no travel expenses under the MOA, insert $0.00). OPCMR 4 Contract No. ________________ Initials: _____ 5. RECORDS [Insert Entity Name] when applicable, will present documented precise records of time and/or money expended under this MOA. 6. PROFESSIONAL STANDARDS [Insert Entity’s Name] agrees to maintain the professional standards applicable to its profession and to consultants doing business in the United States Virgin Islands. 7. DOCUMENTS, PRINTOUTS, ETC. All documents, books, records, instructional materials, programs, printouts and memoranda of every description derived therefrom and pertaining to this MOA shall become the property of the Government and shall be turned over to it at the termination of this MOA. The above-described materials shall not be used by [Insert Entity’s Name] or by any other person or entity except upon the written permission of the Government. 8. LIABILITY OF OTHERS Nothing in this MOA shall be construed to impose any liability upon the Government to persons, firms, associations, or corporations engaged by [insert Entity’s Name] as servants, agents, or independent contractors, or in any other capacity whatsoever, or make Government liable to any such persons, firms associations, or corporations for the acts, omissions, liabilities, obligations and taxes of [insert entity’s name] of whatsoever nature, including but not limited to unemployment insurance and social security taxes for [insert entity name], its employees, agents or independent contractors. (do not insert this if the MOA is between two Executive branch departments) 9. ASSIGNMENT [Insert Entity’s Name] shall not subcontract or assign any part of the services under this MOA without the prior written consent of the Government. 10. INDEMNIFICATION [Insert Entity’s Name] agrees to indemnify, defend and hold harmless Government from and against any and all loss, damage, liability, claims, demands, detriments, cost, charges and expense (including attorney’s fees) and causes of action of whatsoever character which Government may incur, sustain or be subjected to, arising out of or in any way connected to the services to be performed by [insert Entity’s Name] under this MOA and arising from any cause, except the sole negligence of Government. (Do not insert if the MOA is between two Executive branch departments, if the other party is a Federal agency, or independent instrumentality of the GVI, begin sentence with “To the extent permitted by law”) OPCMR 5 Contract No. ________________ Initials: _____ 11. INDEPENDENT CONTRACTOR [Insert Entity Name] shall perform this MOA as an independent contractor and nothing herein contained shall be construed to be inconsistent with this relationship or status. 12. GOVERNING LAW This MOA shall be governed by the laws of the United States Virgin Islands and jurisdiction shall remain in the United States Virgin Islands. 13. WAIVERS AND AMENDMENTS No waiver, modification or amendment of any term condition or provision of this MOA shall be valid or of any force or effect unless made in writing, signed by the parties hereto or their duly authorized representatives, and specifying with particularity the nature and extent of such waiver, modification or amendment. Any such waiver, modification or amendment in any instance or instances shall in no event be construed to be a general waiver, modification or amendment of any of the terms, conditions or provisions of this MOA, but the same shall be strictly limited and restricted to the extent and occasion specified in such signed writing or writings. 14. ENTIRE AGREEMENT This MOA constitutes the entire agreement of the parties relating to the subject matter addressed in this agreement. This agreement supersedes all prior communications, MOAs, or agreements between the parties with respect to the subject matter addressed in this Agreement, whether written or oral. 15. RIGHT TO WITHHOLD If work under this MOA is not performed in accordance with the terms hereof, Government will have the right to withhold out of any payment due to [insert Entity’s Name], such sums as Government may deem ample to protect it against loss or to assure payment of claims arising therefrom, and, at its option, Government may apply such sums in such manner as Government may deem proper to secure itself or to satisfy such claims. Government will immediately notify the [insert Entity’s Name] in writing in the event that it elects to exercise its right to withhold. No such withholding or application shall be made by Government if and while [insert Entity’s Name] gives satisfactory assurance to Government that such claims will be paid by Contractor or its insurance carrier, if applicable in the event that such contest is not successful. 16. CONDITION PRECEDENT This MOA shall be subject to the availability and appropriation of funds and to the approval of the Governor of the U.S. Virgin Islands. OPCMR 6 Contract No. ________________ Initials: _____ 17. TERMINATION Either party will have the right to terminate this MOA with or without cause on [insert number of days in words] [(insert number of days in numerals)] days written notice to the other party specifying the date of termination. 18. PARTIAL TERMINATION The performance of work under this MOA may be terminated by the Government, in part, whenever the Government shall deem such termination advisable by providing [insert number of days in words] [(insert number of days in numerals)] days written notice to the [insert entity’s name]. This partial termination shall be effected by delivering to the [insert entity’s name] a Notice of Partial Termination specifying the extent to which the term and/or duties under this MOA are terminated and the date upon which such termination becomes effective. The [insert entity’s name] shall be entitled to receive payment for services provided to the date of termination, including payment for the period of the [insert number of days in words] [(insert number of days in numerals)] day notice. 19. NON-DISCRIMINATION No person shall be excluded from participating in, be denied the proceeds of or be subject to discrimination in the performance of this MOA on account of race, creed, color, sex, religion, disability or national origin. 20. CONFLICT OF INTEREST [insert Entity’s Name] covenants that it has no interest and will not acquire any interest direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this MOA. 21. NOTICE Any notice required to be given by the Terms of this MOA shall be deemed to have been given when the same is sent by certified mail, postage prepaid or personally delivered, addressed to the parties as follows: GOVERNMENT Lisa M. Alejandro Commissioner Department of Property and Procurement 8201 Sub Base, Suite 4 St. Thomas, U.S. Virgin Islands 00802 OPCMR 7 Contract No. ________________ Initials: _____ [Name & Title] [User Agency] [Physical Address] [Mailing Address] [City, State, Zip Code] [ENTITY NAME] [Name & Title] [Name of Company/Entity] [Physical Address] [Mailing Address] [City, State, Zip Code] 22. LICENSURE [Insert Entity’s Name] covenants that it has: (a) obtained all of the applicable licenses or permits, permanent, temporary or otherwise as required by Title 27 of the Virgin Islands Code; and (b) familiarized itself with the applicable provisions of Title 27 of the Virgin Islands Code pertaining to professions and occupations; or (c) To the extent that the provisions of Title 27 of the Virgin Islands Code pertaining to professions and occupations do not apply to the provision of services under this MOA, it has complied with all licensing or permit requirements from the jurisdiction in which the services under this MOA are performed. 23. OTHER PROVISIONS Addenda I and II attached hereto are a part of this MOA and are incorporated herein by reference. (Please make sure all additional addenda, exhibits, or attachments, are listed in this section that are made a part of this MOA) 24. DEBARMENT CERTIFICATION By execution of this MOA, the [insert Entity’s Name] certifies that it is eligible to receive awards using federally appropriated funds and that it has not been suspended or debarred from entering into agreements with any federal agency and shall provide a copy of its current Sam.Gov registration details. [Insert Entity’s Name] shall include this provision in each of its subcontracts hereunder and determine its subcontractors' eligibility to receive contract awards using federal funds. In the event [insert Entity’s Name] or any subcontractor misrepresents its eligibility to receive contract awards using federal funds, the [insert Entity’s Name] or subcontractor agrees that it shall not be entitled to payment for any work performed under this MOA or any subcontract and that the [insert Entity’s Name] or subcontractor shall promptly reimburse the Government of the Virgin Islands for any progress payments heretofore made. OPCMR 8 Contract No. ________________ Initials: _____ 25. FALSE CLAIMS [Insert Entity’s Name] warrants that it shall not, with respect to this MOA, make or present any claim upon or against the Government of the Virgin Islands, or any officer department, board, commission, or other agency thereof, knowing such claims to be false, fictitious or fraudulent. [Insert Entity’s Name] acknowledges that making such a false, fictitious or fraudulent claim is an offence under Virgin Islands law. 26. NOTICE OF FEDERAL FUNDING [Insert Entity’s Name] acknowledges that this MOA is funded, in whole or in part, by federal funds. [Insert Entity’s Name] warrants that it shall not, with respect to this MOA, make or present any claim knowing such claim to be false, fictitious, or fraudulent. [Insert Entity’s Name] acknowledges that making such a false, fictitious, or fraudulent claim is a federal offence. (Only insert if MOA involves federal funds) (If the MOA involves Federal funds, User Agencies must determine the applicability of any required clauses from 2 CFR 200 and the terms and conditions of the applicable grant and insert any required federal clauses via an Addendum to the MOA.) 27. SEVERABILITY If any paragraph, term, or provision of this Contract is determined to be invalid or unenforceable, such determination shall have no effect on the validity of any other paragraph, term, or provision of this Contract, all of which will remain in full force and effect for the term of the Contract. 28. FACSIMILE, ELECTRONIC & DIGITAL SIGNATURES    A facsimile, electronic or digital signature on this MOA shall be deemed an original and binding upon the Parties hereto. The Parties have hereunto set their hands on the day and year as set forth below. GOVERNMENT OF THE VIRGIN ISLANDS __________________________ Date: _________ [NAME] [TITLE] [USER AGENCY] OPCMR 9 Contract No. ________________ Initials: _____ __________________________ Date: __________ Lisa M. Alejandro Commissioner, Department of Property and Procurement [Insert Entity Name] ____________________________ Date: _________ [NAME] [TITLE] [NAME OF COMPANY] APPROVED AS TO LEGAL SUFFICIENCY DEPARTMENT OF JUSTICE BY: _____________________________ Date: _________ Assistant Attorney General APPROVED: ____________________________ Date: ___________ Albert Bryan Jr. GOVERNOR OF THE U.S. VIRGIN ISLANDS APPENDIX L THE UNITED ST A TES VIRGIN ISLANDS OFFICE OF THE GOVERNOR GOVERNMENT HOUSE Charlotte Amalie, V.I. 00802 340-774-0001 EXECUTIVE ORDER NO. 493-2019 EXECUTIVE ORDER TO ESTABLISH THE OFFICE OF PROCUREMENT AND CONTRACT MANAGEMENT AND REPORTING ("OPMCR") TO ACHIEVE EVERY POSSIBLE EFFICIENCY IN ITS OPERATIONS AND DELIVERY OF SERVICES TO THE PEOPLE OF THE VIRGIN ISLANDS ***************** WHEREAS, the Government of the Virgin Islands of the United States recognizes the importance of maintaining a centralized, sound, practical, consistent, and comprehensive Government-wide procurement and contract management strategy as prescribed in Executive Order No. 477-2016, for the proper and effective functioning of the Government of the Virgin Islands of the United States; and WHEREAS, the underlying structure of procurement and contract management, operations and reporting across the Government of the Virgin Islands is misaligned and interferes with the facilitation of Executive Order. No. 477-2016 and continues to cause long­ standing financial management concerns and the inefficient acquisition of goods and services; and WHEREAS, the key to resolving the long-standing procurement problems lay in the establishment of a strong centralized leadership structure in procurement and contract management with decentralized components that provides for long-range planning, development of procurement teams, strengthened accountability and reporting, to complement the procurement strategy and requirements of Executive Order No. 477-2016; and WHEREAS, the lack of the establishment of a strong centralized leadership structure in procurement and contract management that provides for long-range planning, development of procurement teams, strengthened accountability and reporting, prior to the procurement strategy requirements of Executive Order No. 477-2016 created more bureaucracy and non­ compliance; and Executive Order No. 493-2019 Office of Procurement and Contract Management and Reporting August 14, 2019 WHEREAS, the Government of the Virgin Islands must strive to achieve every possible efficiency in its operations and in its delivery of services for the People of the Virgin Islands; and WHEREAS, one mechanism for achieving greater accountability, efficiency and cost­ effectiveness is by further coordinating and centralizing procurement and contract management responsibilities across the Government of the Virgin Islands through the Department of Property and Procurement, by establishing the Office of Procurement and Contract Management and Reporting ("OPMCR") to achieve every possible efficiency in its operations and delivery of services to the People of the Virgin Islands; and WHEREAS, another mechanism for achieving greater accountability, efficiency and cost- effectiveness is to reduce the number of steps and required signatures in the contract approval process; and WHEREAS, the Virgin Islands Department of Property and Procurement is the executive branch agency that ms the rights, powers, duties, and responsibilities of exercising wide-ranging control over the enforcement of the laws relating to procurement and contract management within the structure of procurement and contract management for the Government of the Virgin Islands, pursuant to Title 3, Virgin Islands Code, Section 211 et. seq. and Title 31, Virgin Islands Code, Section 231 et. seq.; and WHEREAS, the Virgin Islands Department of Property and Procurement has established and promulgated Rules and Regulations as well as Policy Memoranda to serve as best practices and to provide step by step guidance on how tasks are to be processed from inception to completion, along with the internal controls to be implemented and performed; and WHEREAS, substantial benefits can be achieved by implementing these standard operating procedures government-wide to achieve uniform and consistent operational efficiency and effectiveness, eliminate redundancies in functions and costs, increase transparency and accountability, simplify transactional activities, increase leverage of knowledge and expertise, promote effective sharing and implementation of best practices, and realize significant economies of scale; NOW, THEREFORE, pursuant to the authority vested in me by Section 11 of the Revised Organic Act of 1954, as amended, it is hereby ORDERED Section 1. Authority and Responsibility of the Commissioner of Property and Procurement Pursuant to this Executive Order a. The Commissioner of Property and Procurement shall have direct and indirect oversight of all procurement and contract management structures, strategies, processes and policies and procedures related functions of the Executive Branch of Government ("Executive Branch"). Page! 2 Executive Order No. 493-2019 Office of Procurement and Contract Management and Reporting August 14, 2019 b. The Commissioner of the Department of Property and Procurement is directed to establish a centralized procurement and contracting management organizational structure, through the Department of Property and Procurement ("DPP"), to be known as the Office of Procurement and Contract Management and Reporting ("OPCMR") to facilitate the procurement strategy and the effectiveness ofExo. No. 477-2016. c. The OPCMR shall be a trained unit responsible for managing procurement. The OPCMR will be responsible for conducting the procurement process according to local and federal law as well as the requirements of Executive Order No. 477-2016. The OPCMR shall be duly charged with controlling, enforcing, and managing procurement. OPCMR will be established by and under the supervision of the Commissioner of Property and Procurement. The Commissioner of Property and Procurement will ensure that once the OPCMR is established it places a structure within each government agency that allows for centralized accountability and oversight of the procurement and contract management processes. The OPCMR framework focuses on making the procurement process more efficient by training specific personnel to properly procure goods and services for their own department. d. Under the supervision of the Commissioner of Property and Procurement, the OPCMR shall direct and coordinate the Executive Branch's activities related to procurement plans, contract management, procurement reporting, procurement analyses, and compliance with the budget and financial plan of the Government of the Virgin Islands. e. The OPCMR will provide direction and ongoing training to the existing procurement and contract management related subordinate units across departments and agencies within the Executive Branch. f. Within sixty ( 60) days of execution of this Executive Order the Commissioner of Property and Procurement shall be responsible for setting up the OPCMR within each government department and agency. To set up the OPCMR the following steps will be taken: 1. Each agency will assist the Commissioner of Property and Procurement with establishing the OPCMR in their agency; 2. To establish the OPCMR the agency, Commissioner of OPP, and other support agencies of the Government of the U.S. Virgin Islands will work together to compose the OPCMR with trained procurement personnel; 3. The OPCMR will be composed of personnel that will be established under the following timeframe and guidelines discussed below in paragraphs g and h. g. Within ten (10) business days of the date of this Executive Order, every agency head within the Executive Branch shall provide to the Commissioner of Property and Procurement a personnel assessment for every procurement and contract-management employee, or for any employee currently working within the Executive Branch who performs any portion of procurement and contract management duties. Each assessment shall include a detailed Page I 3 Executive Order No. 493-2019 Office of Procurement and Contract Management and Reporting August 14, 2019 resume outlining the employee's procurement, contract management, business, or economic education as well as their current job title and functions. h. Within (5) five business days after receiving the Departments' personnel assessments, the Commissioner of Property and Procurement shall produce an evaluation review of the findings of the personnel assessments. The Commissioner of Property and Procurement's evaluation review shall report on the capacity, education, and background of the individuals as well as whether the employee possesses the requisite skills and knowledge for the position held. These reports shall be forwarded to the Governor and to each of the respective agency heads for appropriate action. i. After the review, reports, and action in paragraphs g and h are completed, the Commissioner of Property and Procurement will use the results of paragraph g through h to build a team of procurement professionals under the OPCMR. This team will be specially trained specifically on the policies and procedures of the procurement process throughout a forty-five (45) day period. After 45 days elapses, the OPCMR team created will continue to be trained and overseen by DPP so that compliance with procurement policies, rules, and Virgin Islands Code can be maintained. J. Steps g through i will be repeated until OPCMR framework is established within each applicable agency of the Government of the Virgin Islands. The Commissioner of Property and Procurement shall set up the OPCMR framework in each agency in the following order: First, the Commissioner of Property and Procurement will establish the OPCMR framework in the critical agencies of - the Department of Health, Department of Human Services and the Department of Labor. Second, OPCMR framework will be established in the Bureau of Corrections, and the Department of Tourism. Third, will be in the Department of Planning and Natural Resources and the Department of Agriculture. Fourth, OPCMR will be established in the remaining Executive Branch Departments, Agencies, Boards and Commissions. k. The Commissioner of Property and Procurement, in compliance with any territorial or federal human resources rule, regulation, policy, agreement, or ordinance, including but not limited to Collective Bargaining Rules, shall have the authority to do the following in consultation with the Director of the Division of Personnel, and the Chief Negotiator of the Office of Collective Bargaining: 1. Determine the placement of all Chief Procurement Officers, Contract Administrators, and Contract Specialists including the selection and removal of incumbents, within the OPCMR and make recommendations to both the Governor and the respective Commissioners and Agency heads on the selection and removal of personnel; 2. Create or modify job titles, roles, responsibilities and positions within the OPCMR; Executive Order No. 493-2019 Office of Procurement and Contract Management and Reporting August 14,2019 3. Make recommendations to the Governor and agency heads of Executive Branch, as to the creation, modification of job titles, roles, responsibilities and positions relating to Procurement and Contract Management throughout the Executive Branch; and 4. Make recruitment, hiring, retention, promotion, demotion, reassignment and any other related personnel recommendations to the Governor, and agency heads of the Executive Branch, concerning the Executive Branch's procurement and contract administration and personnel acting in procurement and contract management capacities. 1. In compliance with any territorial or federal human resources rule, regulation, policy, agreement, or ordinance, the Commissioner of Property and Procurement, together with the Director of the Division of Personnel and the Chief Negotiator in the Office of Collective Bargaining, shall have the authority to create compensation and salary schedules and to change said schedules based on future needs and compensation surveys to ensure competitive salaries for positions within the OPCMR. In all events, the Commissioner of Property and Procurement shall comply with the terms of applicable Collective Bargaining Agreements and with the assistance of the Office of Collective Bargaining, provide required notices to impacted employees and labor unions, if applicable. Section 2. Structure of OPCMR a. OPCMR will perform procurement, contract management and reporting functions in an organized structure within a Department's personnel budget. b. The OPCMR will be structured to include a maximum of three (3) positions: a Chief Procurement Officer, Contract Administrator, and Contract Specialist. Chief Procurement Officers/ Contract Administrators and Contract Specialists shall have oversight over the procurement process occurring within their agency. By implementing a specialized unit to control procurement within each agency and oversee the process, OPCMR will make procurement and contract management operations more efficient. The OPCMR will operate under standard rules and policies. OPCMR personnel will be overseen by OPP to ensure system wide compliance with all the Department of Property and Procurement's processes and rules. c. The OPCMR, under the supervision of the Commissioner of Property and Procurement, in consultation with Agency heads shall have the authority to consolidate, transfer and/or reorganize all procurement and contract administration positions within the Executive Branch as appropriate and with the advice and approval from the Director of Personnel. d. The OPCMR, under the supervision and direction of the Commissioner of Property and Procurement, and with the support of the Director of Personnel, shall have the authority to Page I 5 Executive Order No. 493-2019 Office of Procurement and Contract Management and Reporting August 14, 2019 modify the organization components or titles/job descriptions set forth in this Executive Order for the OPCMR. e. Subject to the approval of the Governor and in compliance with any territorial or federal human resources rule, regulation, policy, agreement, or ordinance, the Commissioner of Property and Procurement, shall have the authority to recommend the dismissal of employees who fail to follow the procedures outlined by the OPCMR and employees who violate Title 31 Sections 234 and 249( a) of the Virgin Islands Code. f. Within ninety (90) days of the effective date of this Executive Order the Commissioner of the Department of Property and Procurement shall evaluate the effectiveness of the implementation of the OPCMR and take any appropriate action as outlined in this Executive Order and to consolidate, transfer and/or reorganize any procurement or contract administration positions as deemed necessary in the Executive Branch. Section 3. Duties of Chief Procurement Officers and Contract Administrators within the Office of Procurement and Contract Management and Reporting a. Each department or agency within the Executive Branch shall identify employees within its staff for the positions of Chief Procurement Officer ("CPO"), Contract Administrators and Contracts Specialist, who will work within the framework of the OPCMR for professional development, process and policy training, and reporting purposes. These procurement employees will have all the functions, associated powers, duties, rights and responsibilities as assigned by the Commissioner of Property and Procurement and will function as a structured Procurement Division within their respective departments, led by a CPO. b. The CPOs within the OPCMR shall work within their respective department(s) and/or agency to direct and oversee the procurement and contract management affairs of their assigned department and/or agency in order to properly carry out its business and procurement and contract management affairs in compliance with Executive Order No. 477-2016. c. Each of the CPOs shall be accountable to the Commissioner of the Department of Property and Procurement for the accountability, business, and oversight of procurement operations and reporting responsibility within their respective departments. d. Each of the CPOs shall direct departments and agencies procurement offices within their respective organizational component to adhere to government-wide standardized procurement and contracting policies and procedures for the perfonnance of procurement functions consistent, and in compliance with the OPCMR, Virgin Islands law, and Executive Order No. 477-2016. Page I 6 Executive Order No. 493-2019 Office of Procurement and Contract Management and Reporting August 14, 2019 Section 4. Procurement Officers of the Executive Branch: Duties and Responsibilities a. For purposes of this Executive Order, "Chief Procurement Officer" shall mean any Executive Branch employee that has direct lead and oversight of procurement and contracting for their respective department or agency. b. All procurement employees of the Executive Branch shall report to the CPO within their respective organizational component. c. Effective immediately, all Chief Procurement Officers, as defined in Section 4(a), shall process transactions and procure goods and services through the Department of Property and Procurement as mandated or promulgated by the OPCMR. Section 5. Professional Services Contracts, Construction Contracts, and Memoranda of Agreement with Compensation Values up to $500,000.00 and Memoranda of Understanding and Supply Contracts a. All Departments and Agencies within the Executive Branch shall procure all goods and services in accordance with the provisions outlined in Executive Order No. 477-2016. Except, however, all professional services contracts, construction contracts and memoranda of agreement with a compensation value of Five Hundred Thousand Dollars ($500,000.00) or less shall be signed by the Commissioner of the Department of Property and Procurement as the final signatory for the Government of the Virgin Islands and shall be binding upon the signature of the Commissioner of the Department of Property and Procurement. The Department of Justice is still required to approve contracts in this category for legal sufficiency. b. All memoranda of understanding, wherein there is no compensation, shall be signed by the Commissioner of Property and Procurement as the final signatory for the Government of the Virgin Islands upon whose signature the memoranda of understanding will become binding. The Department of Justice is still required to approve all memoranda of understanding for legal sufficiency. c. All supply contracts and task order agreements for the purchase of goods and the supply of non-professional services shall be signed by the Commissioner of Property and Procurement as the final signatory for the Government of the Virgin Islands upon whose signature the supply contract and task order will become binding. Section 6. Compliance with this Executive Order a. All Departments and Agencies within the Executive Branch shall fully cooperate with the Commissioner of Property and Procurement in the implementation of this Executive Order. b. In all events, in complying with this Executive Order, the Governor, Commissioner of Property and Procurement, as well as all other Executive Branch Agency Heads, shall Executive Order No. 493-2019 Office of Procurement and Contract Management and Reporting August 14, 2019 comply with the terms of applicable Collective Bargaining Agreements and provide required notices to impacted employees and labor unions, if applicable. c. Each Department, Division and Agency, in order to comply with the mandates of this Executive Order, shall include in their annual budgets the full funding of all procurement, budget, and contract management-related positions performing procurement and/or budget management functions. Section 7. Effective Date The mandates of this Executive Order shall be effective immediately IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Government of the Virgin Islands to be affixed at Charlotte Amalie, St. Thomas, Virgin Islands, this day of .zl. August, A.D., 2019. '--- Governor ATTEST: APPENDIX M THE UNITED STATES VIRGIN ISLANDS OFFICE OF THE GOVERNOR GOVERNMENT HOUSE Charlotte Amalie, V.I. 00802 340-774-0001 EXECUTIVE ORDER NO. 507-2020 BY THE GOVERNOR OF THE UNITED STATES VIRGIN ISLANDS TO AMEND EXECUTIVE ORDER NO. 493-2019 TO INCREASE THE AUTHORITY OF THE COMMISSIONER OF THE DEPARTMENT OF PROPERTY AND PROCUREMENT TO SIGN CONTRACTS WHEREAS, the Government of the United States Virgin Islands, in recognizing the importance of maintaining a centralized, sound, practical, consistent, and comprehensive Government-wide procurement and contract management strategy as prescribed in Executive Order No. 477-2016, established the Office of Procurement and Contract Management and Reporting ('"OPCMR") through Executive Order No. 493-20 t 9 dated August 21, 2019; WHEREAS, the Government of the United States Virgin Islands, in striving to achieve every possible efficiency in its operations and in its delivery of services for the People of the Virgin Islands, reduced the number of steps and required signatures in the contract approval process by granting the Commissioner of the Department of Property and Procurement the authority to sign professional services, construction contracts and memoranda of agreement valued up to Five Hundred Thousand Dollars ($500,000.00) through Executive Order No. 493-2019; WHEREAS, after evaluation of the OPCMR, a year after its implementation, the Government of the Virgin Islands of the United States, in seeking greater efficiency in its operations finds it necessary to amend Section 5 of Executive Order No.493-2019, to provide the Commissioner of the Department of Property and Procurement with the authority to sign professional services contracts, construction contracts and memoranda of agreement valued up to One Million Dollars ($1,000,000.00); WHEREAS, substantial benefits and greater efficiency can be achieved in the contract approval process by implementing this change in the procedures; NOW, THEREFORE, pursuant to the authority vested in me by Section 11 of the Revised Organic Act of 1954, as amended, it is hereby ORDERED: Executive Order No. 507-2020 Office of Procurement and Contract Management and Reporting Page2of2 SECTION 1. Executive Order No. 493-2019 is amended in Section 5 as follows: A. The heading of Section 5 is hereby deleted and replaced with the following heading: "Section S. Professional Services Contracts, Construction Contracts, and Memoranda of Agreement with Compensation Values up to $1,000,000.00 and Memoranda of Understanding and Supply Contracts" B. In Subsection a. by deleting all of the existing language and replacing it with the following language: "All Departments and Agencies within the Executive Branch shall procure all goods and services in accordance with the provisions outlined in Executive Order No. 477-2016. Except, however, all professional services contracts, construction contracts and memoranda of agreement with a compensation value of One Million Dollars ($1,000,000.00) or less shall be signed by the Commissioner of the Department of Property and Procurement as the final signatory for the Government of the Virgin Islands and shall be binding upon the signature of the Commissioner of the Department of Property and Procurement. The Department of Justice is still required to approve contracts in this category for legal sufficiency. Notwithstanding the foregoing, contracts and purchases procured under Title 3 J, Section 239(a)(J) (during a declared State of Emergency) and (2) (Public Exigency) will require approval of the Governor pursuant to Title 31, Section 239(b) of the Virgin Islands Code regardless of the amount." SECTION 2. This Executive Order shall be effective immediately. SECTION 3. All other sections and provisions of Executive order No. 493-2019, not otherwise amended herein, remain in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Government of the United States Virgin Islands to be affixed at Christiansted, St. Croix, Virgin Islands, this û day of September, A.O., 2020. WeTCJ( Aloert Bryan Jr. ü Governor NOTES Government of the Virgin Islands of the United States Department of Property and Procurement St. Thomas: 8201 Subbase, 3rd Floor, Suite 4 St. Thomas, VI 00802 Telephone: (340) 774-0828 St. Croix: 3274 Estate Richmond Christiansted, VI 00820-4241 Telephone: (340) 773-1561 https://dpp.vi.gov