USVI Public Records

(a) The Commissioner of Public Works shall- (1) participate in the planning of, supervise the construction of, and repair and maintain, all government buildings and grounds, public roads, highways, seawalls, wharves, seaways, public recreation areas, airports, and properties of like character; (2) repair and maintain other government-owned public utilities, and recommend methods for their maintenance; (3) provide engineering and land survey services; (4) plan for public works; (5) cooperate with the Federal Government in the planning for, and in the construction, repair, and maintenance of, any government buildings and grounds, public roads, highways, harbors, seawalls, wharves, seaways, public recreation areas, public housing projects, airports and properties of like character; perform all functions and exercise all authority as required by Federal law in the construction, repair and maintenance of such Federally aided projects; expend all funds made available by the Federal Government for such purposes; and prepare and submit reports with respect to such activities as required by Federal law; and (6) comply, and require all employees, agents, contractors and subcontractors of the Department to comply with all territorial and federal environmental and land use laws, rules and regulations, including pollution control permits and mitigation measures, earth change permits, and the coastal zone permit, when planning and engaging in the construction, maintenance and repair of government buildings, public roads, highways, sea walls, wharves, sea ways, public utilities, public recreational facilities, airports and all other public projects and capital improvements. (b) The Department of Public Works shall maintain master contracts for architectural and engineering services pursuant to the procurement laws in chapter 23 of this title, for the purpose of providing government entities with architectural, engineering, and other technical services for construction, expansion, renovation, major maintenance, rehabilitation, or replacement projects up to $500,000 over the life of the project. The master contracts must be updated every two years through the Department of Property and Procurement's process. (c) Government entities shall use the task/purchase order process to obtain architectural and engineering services. (d) To the extent practicable, the Commissioner of Public Works shall use a prison inmate workforce for all roadwork, cemetery maintenance, waterways, drainage, and maintenance and repairs of government buildings. The prison inmate workforce used by the Commissioner of Public Works under this subsection must consist of only misdemeanor and non-violent felon inmates and inmates whose remaining prison term does not exceed six months in duration. History: Amended Dec. 23, 2003, No. 6634, § 16, Sess. L. 2003, p. 125; amended Oct. 13, 2014, No. 7653, § 2, Sess. L. 2014, p. 259; amended Dec. 6, 2021, No. 8511, § 2, Sess. L. 2021, p. 210, 211.

History: Repealed. Dec. 29, 2001, Act No. 6486, § 1, Sess. L. 2001, p. 365.

History: Repealed. Dec. 6, 2021, No. 8511, § 3, Sess. L. 2021, p. 211.

(a) Subject to subsection (b), no real or personal property of the Government of the Virgin Islands or any subdivision thereof as defined by Title 1, section 253, subsection (b), VIC, and specifically including the Virgin Islands Water and Power Authority, Virgin Islands Port Authority, Virgin Islands Housing Authority, and the Virgin Islands Waste Management Authority, shall be named for any person except upon approval of the Legislature by Act. (b) For the sole purpose of fundraising, and in exchange for or recognition of significant financial bequests or endowments, the University of the Virgin Islands, the Juan F. Luis Hospital and Medical Center and the Schneider Regional Medical Center may name their respective real and personal property without legislative approval under the conditions that: (1) The naming of the property must be in accordance with established policies that ensure the property is not named after persons whose views or actions would be offensive, supportive of racial, gender or other discrimination, or inimical to the interests of the people of the Virgin Islands; and (2) Any real or personal property that has been named by an act of the Legislature may not be renamed except by an act of the Legislature. (c) This section may not be construed to limit the authority of the Legislature to name any real or personal property of the Government. History: Added Sept. 28, 1987, No. 5279, § 1, Sess. L. 1987, p. 131; amended Oct. 13, 2014, No. 7656, § 4, Sess. L. 2014, p. 265; amended Apr. 11, 2022, No. 8561, § 1(1)-(5), Sess. L. 2022, p. 131, 132.

This chapter may be cited and shall be known as the "Government Motor Vehicle Management and Control Act". History: Added Jan. 2, 1987, No. 5248, § 1, Sess. L. 1986, p. 425.

The Legislature declares it to be the policy of the Government of the Virgin Islands and the purpose of this chapter to: (a) Achieve maximum cost-effectiveness of Government motor vehicles in support of the established missions and objectives of the various Government agencies; (b) Eliminate the unofficial and unauthorized use of Government motor vehicles; (c) Minimize personal assignment of Government motor vehicles; (d) Acquire motor vehicles offering optimum energy efficiency for the tasks to be performed; provided, wherever practicable, the method of acquisition shall be by three year, fleet, noncapital leasing; and (e) Ensure Government motor vehicles are operated in a safe manner in accordance with the Motor Pool Safety Program. History: Added Jan. 2, 1987, No. 5248, § 1, Sess. L. 1986, p. 425.

As used in this chapter, unless the context clearly indicates otherwise: (a) "Agency" means any agency, bureau, commission, department or subdivision of the executive branch of the Government, including independent instrumentalities, but specifically excluding the Virgin Islands Water and Power Authority, the Virgin Islands Port Authority, the Economic Development Park Corporation, the University of the Virgin Islands, the Economic Development Bank, and the Virgin Islands Housing Authority; (b) "Break-even mileage" means either one of the following: (1) the annual number of miles driven by a Government employee in a personally owned motor vehicle for which the employee is reimbursed above which it would be more economical for the Government to assign a pool vehicle to the employee; or (2) the annual mileage accumulated on a pool vehicle below which it would be more economical for the Government to reimburse the employee for driving a personally owned motor vehicle; (c) "Commissioner" means the Commissioner of the Department; (d) "Commute" means travel from home to official duty station or official duty station to home; (e) "Department" means the Department of Property and Procurement; (f) "Deputy Commissioner" means the Deputy Commissioner of the Division; (g) "Division" means the Division of Transportation within the Department; (h) "Government" means the Government of the Virgin Islands; (i) "Home" means the employee's place of residence; (j) "Light-truck or vans" includes trucks and vans up to and including 3/4 ton pickups, four-wheel drive pickups and up to and including 15 passenger vans; (k) "Log" means the daily motor vehicle log; (l) "Motor vehicle" includes any automobile, light truck or van. This definition also includes any aircraft, watercraft, or other vehicle designed primarily for transporting persons; (m) "Official duty station" means the principal office or duty location that an employee is assigned or determined by the chief executive officer within the agency the employee works; (n) "Official government business" shall not be construed to permit the use of a motor vehicle for personal business or commuting purposes; (o) "Pool vehicle" means any Government owned, leased, or rented motor vehicle that is not exempt from the provisions of this chapter pursuant to section 165 herein; (p) "Procure" means buying, purchasing, renting, leasing or otherwise acquiring. History: Added Jan. 2, 1987, No. 5248, § 1, Sess. L. 1986, p. 425; amended Dec. 2, 1999, No. 6325, § 4, Sess. L. 1999, p. 155.

The Division of Transportation of the Department of Property and Procurement shall have as its chief executive officer, the Deputy Commissioner, whose duties and responsibilities shall be: (a) Establishment and operation of a central facility on the Islands of St. Croix, St. John and St. Thomas for the acquisition, assignment, disposal, identification, operation, maintenance, repair, storage, supervision, control and regulation of all motor vehicles within the executive branch of the Government and to operate any government facilities for such purposes; including the determination of the pool vehicles to be used by Government employees traveling on official government business and the scheduling and coordination of the use of pool vehicles to assure the maximum utilization of such vehicles and employee time. The Division shall consider the number of employees making the trip to the same location, the most efficient and economical means of travel considering time of employees, transportation costs, the urgency of the trip and the nature and purpose of the trip; (b) Upon requisition and showing of need, assignment of suitable pool vehicles, to any Government agency; (c) Allocation and assessment of fees to Government agencies to which pool vehicles are furnished, based upon any reasonable criteria. Such fees shall be deposited in the Transportation Revolving Fund established pursuant to Title 33, section 3068 of this Code; (d) Contracting for specialized maintenance services; (e) Requirement of Government agencies to keep records and make reports regarding pool vehicles to the Division as may be necessary; (f) Development of the Motor Pool Safety Program as provided in section 166 of this chapter; (g) Promulgation of rules and regulations pursuant to the provisions of Title 3, chapter 35, of this Code, consistent with the provisions of this chapter to effectuate the purposes herein. Such rules and regulations shall include, but not be limited to an annual computation of break-even mileage to monitor and evaluate whether there is an appropriate number of pool vehicles in the Central Motor Pool. There shall be established necessary rules and regulations for the reduction of the number of pool vehicles determined to be underutilized based on the established break-even mileage and such other rules and regulations as deemed necessary and proper to effectuate the purposes of this chapter; (h) Providing the Governor and the Legislature with an annual report on or before January thirty-first on the operation of the Central Motor Pool on each island as of the end of the preceding fiscal year. The annual report shall include the following: (1) the number of pool vehicles owned or leased on each island and the agencies assigned or utilizing such vehicles; (2) the number of government employees receiving mileage reimbursements for each agency; (3) the total miles driven in pool vehicles and the total employee reimbursed miles during the fiscal year for each agency; (4) the total cost of operating and maintaining the pool vehicles for each agency; (5) the number of employees with personally assigned pool vehicles for each agency, listed by motor vehicle license plate number and employee position classification; (6) the annual report shall also include any recommended changes in this Code necessary to achieve the objectives of this chapter. History: Added Jan. 2, 1987, No. 5248, § 1, Sess. L. 1986, p. 427.

There shall be one Central Motor Pool facility on the Islands of St. Croix, St. John and St. Thomas, each of which shall be headed by a Motor Pool Supervisor whose duties and responsibilities shall be: (1) Assignment on a daily basis of pool vehicles to Government employees requiring use of the same for official government business where use of personally owned motor vehicles or shuttle van service is not practicable, utilizing, in all instances, logs to indicate mission, destination, fuel dispensed, mileage, vehicle condition and other essential information, on forms to be provided by the Division; (2) Dispensing of gasoline from automated fuel management systems; (3) Lubrication, oil changes, minor repairs and preventive maintenance of pool vehicles; (4) Supervision and operation of radio dispatched shuttle vans for the transportation of Government employees on official government business during regular business hours; and (5) Such other duties and responsibilities as assigned by the Commissioner or his designee, the Deputy Commissioner. History: Added Jan. 2, 1987, No. 5248, § 1, Sess. L. 1986, p. 428.

The Division shall establish, operate and maintain a computer-based system which shall: (1) Record and control pool vehicle use, repair and maintenance, fuel consumption, repair costs and replacement scheduled; (2) Account for, control and maintain a perpetual inventory system; (3) Automate the billing system; (4) Provide detailed billing for each type of charge category and cost of operating each pool vehicle, as well as providing a cumulative monthly bill to each user agency; (5) Ensure that non-members of the Transportation Revolving Fund deposit funds prior to receiving services from the Central Motor Pools; (6) Develop and utilize a preventative maintenance program for all pool vehicles to reduce the cost of operating such vehicles and to reduce the downtime of the same: (7) Utilize automated project management and operation systems to schedule pool vehicle use, preventative maintenance programs, repairs, dispatching of shuttle vans, and vehicle replacement; (8) Budget and account for all federal, or other fund sources identified and be utilized to acquire, maintain and operate pool vehicles through the Central Motor Pools; and (9) Ensure that all proceeds or reimbursements to the Transportation Revolving Fund are sufficient to provide for the short and long term costs of the Central Motor Pools on a self-sustaining basis. History: Added Jan. 2, 1987, No. 5248, § 1, Sess. L. 1986, p. 429.

(a) No Government agency shall procure any motor vehicle of any type unless prior approval is first obtained from the Commissioner or his designee, the Deputy Commissioner and such approval is ratified by the Legislature's Committee on Finance; provided, however if the Committee on Finance has not acted to disapprove such procurement within fifteen (15) working days after receipt thereof, the procurement shall be deemed approved and ratified. (b) The method of procurement of Government motor vehicles shall be by three year, fleet, noncapital leasing, wherever practicable. (c) Any federal grant application from the Government which seeks to procure a motor vehicle as part of the grant shall specify, wherever possible, that the motor vehicle sought to be acquired shall be exempted property under the provisions of OMB Circular A-102 (Revised), Attachment N(5), and subject to the control and use of, and disposition by the Commissioner or his designee, the Deputy Commissioner. (d) Notwithstanding the provisions of Title 31, section 242, Virgin Islands Code, the Commissioner of Property and Procurement may authorize the sale at public auction of Government motor vehicles identified for elimination pursuant to rule, regulation or executive order; provided, however, that with regard to those motor vehicles purchased with federal funds, each agency chief executive officer shall submit a written statement to the Commissioner indicating that such motor vehicle has been cleared for disposal. The Commissioner shall deposit any and all monies received from any auction conducted pursuant to this section into the Central Motor Pool Fund established pursuant to Title 33, section 3064, Virgin Islands Code; provided, further, the Commissioner of Property and Procurement shall authorize the sale at public auction those police vehicles certified by the Commissioner of Police as being retired from police service within 90 days of receiving certification. All revenue derived from such public auction shall be deposited into the Police Crime Fighting and Equipment Fund as established by Title 33, section 3051(a) of this code. History: Added Jan. 2, 1987, No. 5248, § 1, Sess. L. 1986, p. 430; amended Oct. 13, 1994, No. 6026, § 2, Sess. L. 1994, p. 218.

The pool vehicles under the jurisdiction of the Division shall be available and utilized only for official government business. History: Added Jan. 2, 1987, No. 5248, § 1, Sess. L. 1986, p. 430.

Only the Governor and Lieutenant Governor shall be provided a motor vehicle on the basis of their office. All other individuals assigned motor vehicles shall record all trips on a log provided by the Division, specifying beginning and ending mileage and job function performed. However, logs shall not be maintained for motor vehicles whose gross weight is over ten thousand pounds. Agency chief executive officers assigned pool vehicles may utilize exceptions on a report denoting only official and commuting mileage in lieu of the aforementioned logs. The Commissioner or his designee, the Deputy Commissioner, shall maintain and review all logs and reports and utilize the same to determine each agency's motor vehicle needs. History: Added Jan. 2, 1987, No. 5248, § 1, Sess. L. 1986, p. 430.

Home storage or personal assignment of pool vehicle shall be permitted only upon individual case-by-case determinations in which the cost savings to the Government is substantiated, or in which the health, safety or welfare of the general public are essentially affected, or in which the Commissioner or his designee, the Deputy Commissioner, deems it to be in the best interest of the Government. Home storage or personal assignment of pool vehicles is prohibited unless approved in writing by the Commissioner or his designee, the Deputy Commissioner, who shall promulgate regulations concerning such storage and assignment pursuant to Title 3, chapter 35 of this Code, detailing the criteria which merit home storage or personal assignment of pool vehicles. Notwithstanding, Title 3, section 913, Virgin Islands Code, such regulations shall be approved by the Governor and the Legislature's Committee on Finance prior to their being filed and published in accordance with such provision of law. History: Added Jan. 2, 1987, No. 5248, § 1, Sess. L. 1986, p. 431.

(a) Where Government employees are required upon the request of the chief executive officer of their agency to use their personally owned motor vehicle in the conduct of official government business which they are responsible for, they shall be reimbursed at the rate of sixty-five cents per mile. Such reimbursement shall be made from the Transportation Revolving Fund, upon the submission of certified vouchers indicating applicable odometer readings and such other information as required by the Commissioner or his designee, the Deputy Commissioner. (b) No Government employees shall be entitled to any reimbursement unless an application therefor shall be submitted by the chief executive officer of the agency concerned, setting forth the justification for the use of the personally owned motor vehicle which shall be approved by the Commissioner or his designee, the Deputy Commissioner. Any approval for reimbursement shall expire on September thirtieth of the fiscal year and shall be reapplied for in the same manner as the original application in order to be in effect in the subsequent fiscal year. History: Added Jan. 2, 1987, No. 5248, § 1, Sess. L. 1986, p. 431; amended July 19, 2006, No. 6856, § 21, Sess. L. 2006, p. 146.

The Commissioner or his designee, the Deputy Commissioner shall study the cost-effectiveness of operating maintenance facilities as opposed to commercial alternatives and shall develop a plan for maximally cost- effective motor vehicle maintenance. The Commissioner or his designee, the Deputy Commissioner shall promulgate rules and regulations governing maintenance to effectuate the Territorial Motor Vehicle Maintenance Program which shall include: (1) central purchasing of parts and supplies; (2) an effective inventory control system; (3) a uniform work order and record-keeping system assigning actual maintenance cost of each pool vehicle; and (4) preventive maintenance programs for all types of pool vehicles. All fuels, lubricants, parts and maintenance costs including those purchased from commercial vendors shall be itemized on a form provided by the Division and shall bear the license plate number of the pool vehicle serviced and the mileage on the odometer of the pool vehicle at the time of service. History: Added Jan. 2, 1987, No. 5248, § 1, Sess. L. 1986, p. 432.

(a) All motor vehicle fuels shall be purchased from the Division of Transportation, except where the Commissioner or his designee, the Deputy Commissioner determines in writing that it is not cost beneficial to the Government. (b) The Commissioner of Property and Procurement shall procure the motor vehicle fuel needs of the Government through detailed bid specifications that require, among other items, that the price per volume measure of fuel be at sixty-two degrees Fahrenheit (62 degrees F) or such other industry procurement standard as may subsequently become applicable, and price adjustments shall accordingly be made at the delivery point based on the temperature and volume of the fuel when delivered. History: Added Jan. 2, 1987, No. 5248, § 1, Sess. L. 1986, p. 432.

The Commissioner or his designee, the Deputy Commissioner, shall ensure that all pool vehicles are identified as such through the use of permanent Government license plates and the Territorial Seal or an agency decal. No pool vehicle shall be exempt from the requirements of identification, except those supplied to law enforcement officers when in the opinion of the Commissioner of Police or the Attorney General, with respect to the Virgin Islands Drug Enforcement Bureau, those officers are actually involved in undercover law enforcement work to the extent that the actual investigation of criminal cases or the investigators' physical well-being would be jeopardized if they were identified. History: Added Jan. 2, 1987, No. 5248, § 1, Sess. L. 1986, p. 432; amended Mar. 5, 2005, No. 6730, § 23, Sess. L. 2005, p. 106.

The provisions of this chapter shall not apply to motor vehicles assigned to the Governor and Lieutenant Governor. History: Added Jan. 2, 1987, No. 5248, § 1, Sess. L. 1986, p. 433.

(a) The Commissioner or his designee, the Deputy Commissioner shall develop and implement a Territory- wide Motor Pool Safety Program for operators of Government motor vehicles which shall serve to reduce the number of accidents involving such motor vehicles. (b) The Commissioner or his designee, the Deputy Commissioner shall promulgate rules and regulations mandating driver training in those instances where remedial training for employees would serve the best interest of the Territory. (c) Only selected Government employees possessing a valid Virgin Islands motor vehicle operator's license shall be permitted to drive pool vehicles. Government employees with three or more moving traffic violations within a one year period, or a conviction for violation of the provisions of Title 20, sections 492 or 493, Virgin Islands Code (operating motor vehicles in a reckless manner or driving while under the influence of intoxicating liquors or controlled substances), shall not be permitted to drive pool vehicles. History: Added Jan. 2, 1987, No. 5248, § 1, Sess. L. 1986, p. 433.

(a) Any official or employee of the Government who violates any statute, rule, regulation or executive order pertaining to the acquisition, assignment, disposal, identification, operation, maintenance, repair, storage, supervision, control or regulation of any Government motor vehicle shall be disciplined as provided in such statute, rule, regulation or executive order; provided however, if no disciplinary action is proscribed therein: (1) for the first violation, suspension of duty without pay for a period not to exceed 15 days; (2) for subsequent violation, dismissal in accordance with the provisions of Title 3, section 530 of this Code. (b) Officials or employees of the Government shall be financially responsible for any physical damage occurring to a Government motor vehicle as a proximate result of his negligence concerning the same. In addition to the foregoing, such officials or employees shall be personally liable for violation of the provisions of Title 20 of this Code pursuant to section 497 of Title 20. (c) The provisions of this chapter shall be enforced by peace officers within the Virgin Islands Police Department, who shall cooperate and coordinate their enforcement with the Division of Transportation. History: Added Jan. 2, 1987, No. 5248, § 1, Sess. L. 1986, p. 433.

Department (a) The Commissioner of the Virgin Islands Police Department shall establish a maintenance division within the Virgin Islands Police Department, in both districts, to repair, maintain and equip police vehicles. (b) The Commissioner shall hire all personnel, and establish rules, regulations, and procedures necessary to implement the provisions of subsection (a) of this section. History: Added Apr. 6, 1994, No. 5966, § 7, Sess. L. 1994, p. 35.

(a) The Deputy Commissioner of the Department may sell by public auction or otherwise dispose of any motor vehicles that are worn gut, unusable or obsolete to the extent that the motor vehicles are no longer economical or safe for continued use by the Government. (b) The Deputy Commissioner of the Department may not sell more than two motor vehicles under subsection (a) to any one person. (c) No motor vehicle may be donated to an employee or relative of an employee of the Government or any instrumentality of the Government. Nothing in this subsection precludes any employee of the Government or its instrumentalities from participating and bidding for a motor vehicle at a public auction, and the Deputy Commissioner of the Department may not by any other means prohibit any employee from participating and bidding for a motor vehicle at a public auction. (d) The Deputy Commissioner of the Department shall promulgate regulations not inconsistent with this section for the conduct of public auctions for the sale and disposal of motor vehicles described in subsection (a). History: Added Jan. 21, 2016, No. 7809, § 1, Sess. L. 2015, p. 211.

(a) The Commissioner of Property and Procurement shall manage and control government property and shall have authority over the disposition and use of such property, including inventorying and establishing forms and procedures for sale, rental or other disposition of such property. (b) The Commissioner of Property and Procurement shall list all real estate belonging to, or under lease to, the government, showing the agency controlling, location, metes and bounds, cost when acquired, persons to whom leased, and other details.

(a) The Virgin Islands Housing Finance Authority shall manage residential rental properties of all kinds owned or controlled by the government, except as limited by Federal law, hotels and housing development programs or projects any tenant of public housing who is displaced by fire, earthquake, windstorm, flood or any other Act of God or by a man-made disaster must be given first preference in re-occupying the unit vacated when the unit is made livable. All business and commercial properties owned or controlled by the government shall be managed by the Department of Property and Procurement. (b) There is hereby created and established as a separate and distinct fund within the Treasury of the Virgin Islands a fund to be designated and known as the "Business and Commercial Properties Revolving Fund". There shall be deposited into such Fund all rentals and other income derived from the properties managed by the Department of Property and Procurement. The Commissioner of the Department of Finance shall disburse monies deposited into Business and Commercial Properties Revolving Fund upon warrant of the Commissioner of Property and Procurement exclusively to carry out the functions of the Department of Procurement and to manage and administer the Government of the Virgin Islands property and procurement program. (c) The Commissioner of Finance shall annually forward to the Governor and the Legislature a detailed accounting of the disbursements from and the unobligated balance in the Fund. History: Amended June 10, 1960, No. 588, § 6, Sess. L. 1960, p. 87; June 18, 1962, No. 903, § 2; Aug. 6, 1976, No. 3862, § 1, Sess. L. 1976, p. 171; Apr. 1, 2008, No. 6973, § 17, Sess. L. 2007, p. 190; Apr. 12, 2008, No. 6994, § 1, Sess. L. 2008, p. 17; amended July 19, 2013, No. 7496, § 2(a), (b), Sess. L. 2013, p. 31.

The Commissioner of Property and Procurement shall manage and supervise the operation of the Government Printing Office.

History: Repealed. Nov. 13, 1968, No. 2353, § 3, Sess. L. 1968, Pt. II, p. 351.

(a) Except as otherwise provided in subsection (d), no real property including improvements thereon owned by the Government of the Virgin Islands (which property is hereafter referred to in this section as "government real estate") shall be sold, leased, or otherwise disposed of except in accordance with the provisions of this section. (b) The Governor of the Virgin Islands shall approve, on behalf of the Government of the Virgin Islands, all conveyances, leases or other instruments relating to the disposition of government real estate. No conveyances, lease, or other disposition of government real estate shall be deemed binding on the Government of the Virgin Islands except with the written approval of the Governor of the Virgin Islands, on behalf of the Government of the Virgin Islands, evidenced upon the deed, lease or other instrument relating to disposition. (c) In addition to the required approval of the Governor as provided for in subsection (b) of this section, no sale, exchange, lease or sublease of government real estate, nor any use permit of the same for a term exceeding one year (including the period of any allowable extensions or renewals) nor sublease of government real estate for a term exceeding five years (including the period of any allowable extensions or renewals) shall be deemed binding upon the Government of the Virgin Islands, unless and until (1) such proposed sale or exchange or such proposed lease or sublease shall have been submitted to the Legislature, while in regular or special session, (2) shall have been approved by the Legislature; provided, that leases or subleases for a term of not to exceed five years and use permits for a term of over one year but not to exceed five years shall be effective and binding if submitted to and approved by the Committee on Finance of the Legislature when the Legislature is not in session. (d) This section shall not be applicable to the disposition of government real estate under the provisions of: (1) Chapter 1, Title 21,Chapter 1toTitle 21 homestead program; (2) Subchapter IX [of chapter 1]chapter 19, Title 29 to Home Ownership and Development; or (3) Any agreements, contracts, leases or other undertakings made in fulfillment of or pursuant to directions or authorization of the Legislature prior to April 1, 1964. (e) Nothing in this section shall be deemed to affect the competency or legal authority of any department, board, commission, agency, authority or instrumentality, corporate or otherwise, of the Government of the Virgin Islands to participate in, or to enter into and carry out programs in connection with any programs of the federal government or the government of any other state which is otherwise authorized by law. (f) No portion of a "shoreline" as defined in section 402 of chapter 10 of Title 12 of this code, shall be sold, leased or otherwise disposed of by the Government of the Virgin Islands; excepting only leases for concession stands when such leases are approved in accordance with this section. (g) No real property owned or controlled by the Government of the Virgin Islands or any agency or instrumentality thereof, including the Virgin Islands Port Authority, which real property is in close proximity to any sandy beach owned or controlled by the Government of the Virgin Islands or any agency or instrumentality thereof, shall be cleared, graded, filled, or otherwise disturbed for any purpose or use including but not limited to the erection or construction of any building or structure, the quarrying of stone and the construction of streets and roads unless- (1) all Earth Change Permits are obtained from the Department of Planning and Natural Resources pursuant to chapter 13 of Title 12 of this code; and (2) such Earth Change Permits are approved in writing by the Governor and the Legislature or the Committee on Planning and Natural Resources of the Legislature when the Legislature is not in session. (3) Public hearings shall be held by the agency or department concerned with respect to any proposed earth changes or improvements prior to commencement of any undertaking. (h) The provisions of subsection (g) of this section shall not be applicable to developments in the coastal zone, as those terms are defined in Title 12, chapter 21 of this Code. (i) No real property located in the coastal zone, as defined in Title 12, chapter 21 of this Code, owned by any public agency shall be sold, conveyed or otherwise disposed of for uses or purposes inconsistent with the provisions of Title 12, chapter 21 of this Code. (j) No real property owned or controlled by the Government of the Virgin Islands, or any agency or instrumentality of the Government, may be sold, exchanged, leased, subleased, licensed or permitted to be used for the siting a wireless facility or wireless support structure, unless such conveyance includes an agreement for reasonably accommodating the collocation of a government communication facility at no expense to the Government, unless the Bureau of Information Technology certifies to the Commissioner of Property and Procurement that the collocation is not essential to the public interest. History: Added Apr. 1, 1964, No. 1123, Sess. L. 1964, p. 68; amended May 28, 1971, No. 3048, § 1, Sess. L. 1971, p. 176; June 3, 1971, No. 3063, § 2, Sess. L. 1971, p. 226; Oct. 31, 1978, No. 4248, §§ 15, 16, Sess. L. 1978, p. 315; June 5, 2001, No. 6405, § 1, Sess. L. 2001, p. 26; Oct. 7, 2011, No. 7299, § 5(a)-(d), Sess. L. 2011, p. -.

History: Repealed. Jan. 2, 1987, No. 5248, § 8(b), Sess. L. 1986, p. 438.

Any private watchman, guard or patrol agency or contractor, as defined by Title 23, section 1301, Virgin Islands Code, doing business with the Government of the Virgin Islands, its agencies, departments or independent instrumentalities shall submit a surety bond to the Commissioner of Property and Procurement pursuant to Title 23, section 1309, Virgin Islands Code. Any contract between the Government of the Virgin Islands, its agencies, departments or independent instrumentalities and any private watchman, guard or patrol agency or contractor shall include provisions mandating the execution of a surety bond pursuant to this section and indemnifying the Government of the Virgin Islands from any loss or damages to persons or property caused by or which occurs during the time of duty of the private watchman, guard or patrol agency or contractor. History: Added Oct. 16, 1984, No. 4999, § 2(a), Sess. L. 1984, p. 267.

For purposes of this chapter: (a) "Building" means any building, structure or facility to be used in whole or in part by the Government of the Virgin Islands but shall not include residential buildings or buildings subject to the provisions of subchapter III, chapter 3, Title 29, Virgin Islands Code. (b) "Cost-effective" when applied to any standard means that utilization of such standard will result in lower total costs than would result in the absence of such standard. History: Added Mar. 30, 1984, No. 4916, § 6, Sess. L. 1984, p. 81.

(a) Not later than 120 days from March 30, 1984, the Commissioner of Public Works shall develop and issue standards to ensure that buildings of the Government of the Virgin Islands utilize, to the maximum extent practicable, natural sunlight for illumination and natural wind energy for ventilation. (b) In developing the standards required by this section, the Commissioner of Public Works shall: (1) Seek the cooperation and input of other departments of the Government of the Virgin Islands; (2) Solicit input from architects, engineers, building contractors and other entities with expertise in this subject matter; and (3) Conduct at least one public hearing. (c) Standards developed pursuant to this section shall include, but not be limited to, standards for building design, placement and construction and standards for the location, placement and installation of windows and skylights. All such standards shall be cost-effective when amortized over the economic life of a building when compared with historic practice. (d) The Commissioner of Public Works shall periodically review such standards and adopt such revisions as in his judgment he deems necessary. History: Added Mar. 30, 1984, No. 4916, § 6, Sess. L. 1984, p. 81.

Thirty days after the issuance of, or revisions to, any standards pursuant to the provisions of section 211 of this chapter, no department, office, commission, agency or other instrumentality of the Government of the Virgin Islands may construct, purchase, lease or otherwise acquire any building which does not comply with such standards. History: Added Mar. 30, 1984, No. 4916, § 6, Sess. L. 1984, p. 81.

(a) Buildings under construction by the Department of Public Works on the date specified in section 212 of this chapter shall be modified to conform to the standards issued pursuant to section 211 of this chapter if (1) in the opinion of the Commissioner of Public Works, such modification would not unreasonably delay the completion of any such building; and (2) sufficient funds have been appropriated to the Department of Public Works to effect such modifications. (b) Buildings under construction on the date specified in section 212 of this chapter and which are being constructed pursuant to specifications developed by the Department of Property and Procurement for eventual lease by that department shall be modified to conform to the standards issued pursuant to section 211 of this chapter if (1) in the opinion of the Commissioner of Property and Procurement, such modification would not unreasonably delay the completion of any such building; and (2) sufficient funds have been appropriated to the department, office, commission, agency or other instrumentality of the Government of the Virgin Islands on whose behalf the Department of Property and Procurement will lease the building to pay for any increased rental fees which may result from such modification. History: Added Mar. 30, 1984, No. 4916, § 6, Sess. L. 1984, p. 81.

The Commissioner of Property and Procurement, in accordance with law, shall provide for an economic and efficient system for the procurement and supply of all property and non-personal services, and all related functions, such as controlling, inspection, storage, issue, specifications, property identification and classification, transportation, repairing and converting, inventorying of property and establishing forms and procedures therefor. History: Amended Jan. 25, 2021, No. 8436, § 2(a), Sess. L. 2020, p. 337.

(a) In all cases where the Government of the Virgin Islands is authorized to acquire real property by purchase or exchange for any public use, other than by condemnation, and the Governor shall express in writing his opinion that said real property is needed for a specific public purpose, the Commissioner of Property and Procurement shall appoint three appraisers, who are residents of the Virgin Islands, and who, by reason of occupation and experience are acquainted with Virgin Islands real property values, to severally or jointly make a careful inspection of the land and submit severally to the Legislature and the Commissioner of Property and Procurement a written statement of the value of the real estate or right to be acquired, accompanied by a comprehensive statement of the unit prices or factors included or the method used in the computation of the total value. (b) Before entering upon these duties, the said appraisers shall subscribe to an oath to discharge their duties faithfully and impartially, and upon completion of their duties they shall be entitled to compensation for transportation expenses and a reasonable per diem allowance when actually employed. (c) The offer by the Governor of purchase for any such real property shall provide for the payment of a purchase price not to exceed the average of the values submitted by the three appraisers. If said average of the values submitted by the other appraisers is unacceptable to the private owner, the Commissioner of Property and Procurement may negotiate a price with said owner; provided, however, that in no case shall the negotiated price exceed one hundred twenty-five percent of the average value determined by the appraisers. If no agreement is reached, the matter shall be referred to the Attorney General who shall cause an action for condemnation of the property to be commenced, if authorized by law, unless the Governor shall otherwise direct. (d) The Attorney General shall require that all conveyances of title in fee simple, and all grants of easements of right of entry, to the Government, as grantee, except where otherwise waived in writing by the Attorney General for good and sufficient reason, shall include complete warranty of title in the grantor, and that the abstract of title or other title records pertaining thereto be delivered to the Government with the instrument conveying title, for proper recording of such documents, with a copy of any recorded deeds being transmitted to the Legislature. (e) No method for the acquisition of real property by purchase or exchange other than that set out in this section or condemnation shall be permitted. (f) No conveyance pursuant to this section shall be valid unless approval of the Legislature is obtained prior to conveyance of title. (g) The provisions of this section shall not apply to the acquisition by the Government of the Virgin Islands of real property in whole or in part with Federal funds; provided, however, that the land acquisition requirements of the Federal agency funding the project shall be applied thereto. (h) This section shall not be applicable to the acquisition of real property under the provisions of: (1) Title 21, chapter 1,Title 21g chapter 1 Homestead programs; (2) Title 29, Title 29ter 1,chapter 1er IX, relating to Home Ownership and Development; or (3) Title 21, chapter 2, relating to conveyances by the Virgin Islands Housing Finance Authority to the Government. History: Added June 9, 1977, No. 3988, Sess. L. 1977, p. 92; amended Nov. 17, 1977, No. 4072, Sess. L. 1977, p. 278; May 3, 1994, No. 5978, § 6, Sess. L. 1994, p. 68.

(1) purchase or contract for all supplies, materials, equipment and contractual services, in the manner described in this chapter, required by any and all departments, offices, boards, institutions, and other agencies of the Government of the Virgin Islands, but not for the legislative and judicial branches of the Government; (2) establish and enforce standard specifications which shall apply to supplies, materials, equipment and contractual services purchased for the use of the Government; (3) lease all grounds, buildings, offices or other space that may be required by government departments and agencies; (4) supervise the making and be custodian for an inventory of all removable equipment belonging to the Government and keep such inventory current; (5) operate a central printing and duplicating division for government agencies; design and prescribe forms, stationery and other printed matter in continuous use by various departments and agencies and arrange for and be responsible for all printing and publications required by all agencies and departments of the government. Whenever any agency or officer is authorized to publish reports, regulations or any other documents, such publication shall be issued through the Commissioner of Property and Procurement, provided that publications shall be inserted in newspapers of general circulation only in the district affected by the notices; and (6) sell all supplies, materials and equipment not needed for public use or that may have become unsuitable for use, and transfer between departments, offices, boards, institutions and other agencies of the government any supplies, materials and equipment not needed by one but necessary to the operation of another or others. (7) delegate procurement authority up to $150,000 to agencies and departments within the executive branch that have established central procurement offices and that have been trained and certified by the Commissioner of Property and Procurement. The Commissioner shall require agencies to re-certify for delegated procurement authority every two years, and agency activity is limited to those activities granted by the certificate of delegation issued by the Commissioner. The Commissioner shall promulgate regulations to govern this paragraph. History: Amended Sept. 29, 1970, No. 2818, Sess. L. 1970, p. 313; Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197; amended Jan. 25, 2021, No. 8436, § 2(b)(1), (2), Sess. L. 2020, p. 337; amended Dec. 2, 2024, No. 8954, § 2(b), Sess. L. 2024, p. -.

The Commissioner of Property and Procurement shall not issue any order for delivery on a contract or open market purchase unless the request for purchase bears certification that there is to the credit of the department, office, board, institution or other agency concerned a sufficient unencumbered apportionment of its appropriation balance, in excess of all unpaid obligations, to defray the amount of such order.

(a) No purchase shall be made by any department or agency of the government or by any employee of the government for any agency of the government except by written order approved by the Commissioner of Property and Procurement and issued in accordance with section 233 of this title. (b) Whoever violates the provisions of subsection (a) of this section shall be personally liable for the purchase price of articles purchased and shall be summarily dismissed from employment without regard to the provisions of chapter 25 of Title 3. (c) Whoever makes a purchase for any agency of the government without an order, as required under subsection (a) of this section, shall be fined not more than $200.

All purchases of and contracts for supplies, materials equipment and contractual services must be conducted in a manner providing for full and open competition consistent with the standards of this chapter. All procurement transactions must be conducted through competitive bids or competitive proposals except as otherwise provided by this chapter. History: Amended Jan. 25, 2021, No. 8436, § 2(c), Sess. L. 2020, p. 337.

(a) Except as provided for in section 239, all purchases of and contracts for supplies, materials, equipment, and contractual services and for all sales of obsolete and unusable personal property must be based on competitive bids, or competitive proposals. All expenditures made pursuant to this title must be in writing. Notices 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. Not 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. (b) The Commissioner of Property and Procurement 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 Department of Property and Procurement's website. (c) All bids shall contain a specific itemization of all units bid upon and the unit price thereof and shall be submitted sealed to the Commissioner of Property and Procurement and, when deemed necessary, shall be accompanied by surety in the form of check, irrevocable letter of credit or bond for 5 percent of the bid amount for all construction contracts over $150,000, except as otherwise provided in section 236a. 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 Property and Procurement may reject any or all bids, or the bid for any one or more commodities or contractual services included in the proposed contract, when the public interest will be served thereby. If all bids received are for the same total amount or unit price, and if the public interest will not permit the delay of readvertising for bids, the Commissioner of Property and Procurement may award the contract to one of the bidders by drawing lots. Otherwise the contract shall be awarded to the 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. Service reputation shall be determined by the Commissioner of Property and Procurement by actions, including but not limited to an analysis of the credit worthiness of the business and the principals in the business, utilizing such independent credit bureaus as may be appropriate. No bid shall be considered by the Commissioner of Property and Procurement unless the bid includes a financial disclosure statement and a work experience statement. The Commissioner shall issue rules concerning the type of information to be submitted. The rules shall include a sample form of each statement. The Commissioner of Property and Procurement shall discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases and sales. (d) Each bid, with the name of the bidder, shall be entered on a record, and each record with the successful bid indicated shall, after the award of letting of the contract, be opened to public inspection. Except as otherwise provided in section 236a, a payment and performance bond or an irrevocable letter of credit for 100 percent of the contract price for construction contracts over $150,000 for the proper performance of each contract may be required by the Commissioner of Property and Procurement. (e) Sales shall be made to the highest responsible bidder. All contracts shall be in form previously approved. If the successful bidder shall not within ten days after the award complete his contract, he shall forfeit any surety which accompanied his bid. (f) The Commissioner of Property and Procurement shall file prior to the 15th day of each month, a report with the Governor and the Finance Committee of the Legislature listing (1) the names and addresses of all persons, firms or corporations making sales of supplies, materials, equipment or services by competitive bid under this section, (2) a description of the purchase made or service provided, and (3) the amount of the contract award. (g) (1) For all services to be performed in the Virgin Islands and at the time of the submission of the bid or proposal, the Commissioner of Property and Procurement shall require all bidders or respondents when submitting a bid or proposal to include: (A) a current certificate of good standing or its equivalent, (B) current business license in the Virgin Islands, (2) Notwithstanding paragraph (1), 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. (h) The Commissioner of Property and Procurement shall require all successful bidders for contracts in excess of $500,000.00 to agree in writing to employ at least two individuals from the Welfare to Work Program, administered by the Labor and Human Services Departments. (i) Notwithstanding any provision of this chapter to the contrary, the Commissioner shall comply with the Small, Local and Disadvantaged Business Enterprise Program established under title 11 V.I.C., chapter 23, subchapter IA and shall, in consultation with the Chief Executive Officer of the Small Business Development Agency, coordinate the bid preference and set aside programs for small business enterprises pursuant to 11 V.I.C. § 1270a. (j) Request for Proposals must be used 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. Requests for Proposals must be advertised in accordance with the provisions of this chapter and identify all evaluation factors, including qualifications, responsiveness, experience, past performance, responsibility, cost, and their relative importance. Any response to a Request for Proposals must be considered to the maximum extent practical. The Department of Property and Procurement shall have a written protocol for conducting technical evaluations of the proposals received and for selecting recipients. Notices inviting sealed competitive proposals 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 electronic publications, and Federal Government databases used by the General Services Administration. Not fewer than five calendar days must intervene between the date of the last publication and the final date for submitting proposals. Contracts must be awarded to the responsible firm whose proposal represents the best value to the Government, with price and other factors considered. (k) The Commissioner of Property and Procurement shall use Requests for Proposals for: (1) professional services, including architectural/engineering services, accounting and 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 and other input to help the Government design a more constructible project. The construction manager is generally selected based on qualifications, past experience or a best-value basis. At approximately an average of 60% to 90% design completion, the Government and the construction manager shall negotiate a "guaranteed maximum price" for the construction of the project based on the defined scope and schedule. If this price is acceptable to both parties, the Government shall select the construction manager for the construction services, and the construction manager shall become the general contractor. (l) The Commissioner of Property and Procurement shall use Requests for Qualifications in instances where the Government needs to pre-screen proposers to determine qualifications before requesting proposals under sections 236 or 239 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. History: Amended Nov. 28, 1960, No. 649, § 1, Sess. L. 1960, p. 198; July 2, 1965, No. 1486, § 8, Sess. L. 1965, Pt. I, p. 379; Feb. 28, 1967, No. 1858, § 1, Sess. L. 1967, p. 25; Feb. 20, 1970, No. 2642, Sess. L. 1970, p. 28, No. 2650, § 1, Sess. L. 1970, p. 34; Apr. 16, 1971, No. 2995, § 1, Sess. L. 1971, p. 114; July 25, 1972, No. 3277, Sess. L. 1972, p. 232; Jan. 12, 1976, No. 3776, § 1, Sess. L. 1975, p. 214; June 26, 1985, No. 5079, Sess. L. 1985, p. 77; Dec. 8, 1986, No. 5224, § 17, Sess. L. 1986, p. 366; Apr. 2, 1991, No. 5700, § 3, Sess. L. 1991, p. 6; Oct. 13, 1993, No. 5892, § 2. Sess. L. 1993, p. 236; May 5, 1998, No. 6228, § 22, Sess. L. 1998, p. 321; Sept. 23, 2003, No. 6610, § 4, Sess. L. 2003, p. 76; July 3, 2009, No. 7076, § 5, Sess. L. 2009, p. 117; amended Sept. 25, 2020, No. 8387, § 4(a), Sess. L. 2020, p. 225; amended Jan. 25, 2021, No. 8436, § 2(d)(1), (2)(A)-(D), 3(A)-C), 4, 5, Sess. L. 2020, p. 338-340; amended Dec. 2, 2024, No. 8954, § 2(c), Sess. L. 2024, p. -.

(a) For the purposes of this section "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 (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. Bidders shall apply for certification as a Preferred Bidder with the Department of Property and Procurement and must submit confirmation that it meets the definition of a preferred bidder. Bidders shall apply for recertification every two years. In addition, a preferred bidder with respect to locally available agricultural products or bottled water shall utilize only locally produced agricultural products and bottled water in meeting the requirements of any bid awarded to him for such products. For the purposes of this section, "locally available agricultural products" includes any agricultural product grown or produced in the Virgin Islands which the Commissioner of Agriculture certifies to be available in sufficient quantities to meet the terms of the bid specifications. (b) 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 shall purchase or contract for construction services, supplies, materials, equipment, and contractual or consulting services from suppliers in the United States Virgin Islands who are preferred bidders where- (1) the total cost thereof to the Government 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. (c) Bid bonds or surety may be required of preferred bidders in bids in excess of $150,000 not in excess of the following amounts: (1) Not to exceed two (2%) percent of the bid on bids in excess of $150,000, but not over $300,000; (2) Not to exceed four (4%) percent of the bid on bids in excess of $300,000, but not over $500,000; and (3) Not to exceed five (5%) percent of the bid on bids in excess of $500,000. (d) A bond or surety for the proper performance of a contract awarded a preferred bidder shall not exceed 25% of the contract price. (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. (f) Any person, firm, partnership or corporation meeting the requirements of subsection (a) of this section may request that his or its name be added to a preferred bidders' list to be maintained by the Commissioner. In addition to the other requirements of this chapter pertaining to advertising for bids or proposals and bid invitation, the Commissioner shall regularly mail notices via electronic mail or postal mail of bid invitations to all persons, firms, partnerships and corporations to all on the preferred bidders' list for the particular item. History: Added Apr. 16, 1971, No. 2995, § 1, Sess. L. 1971, p. 114; amended May 12, 1986, No. 5156, § 1, Sess. L. 1986, p. 43; Sept. 24, 1990, No. 5617, Sess. L. 1990, p. 322; Apr. 2, 1991, No. 5700, §§ 1, 2, Sess. L. 1991, p. 6; amended Dec. 31, 2014, No. 7706, § 1(1), (2), Sess. L. 2014, p. 383, 384; amended Sept. 25, 2020, No. 8387, § 4(b)(1), (2), Sess. L. 2020, p. 225; amended Jan. 25, 2021, No. 8436, § 2(e)(1) (A)-(C), (2), (3), Sess. L. 2020, p. 341; amended Dec. 2, 2024, No. 8954, § 2(d), Sess. L. 2024, p. -.

History: Repealed. June 20, 1986, No. 5174, § 2(b), Sess. L. 1986, p. 168.

(a) The Commissioner of Property and Procurement, with the cooperation of the Lieutenant Governor and the Commissioner of Public Works, shall- (1) classify all the supplies, materials and equipment used by the various agencies of the government; (2) adopt as standards the minimum number of qualities, sizes, and varieties of commodities consistent with the efficient operation of the government; and, (3) prepare, adopt and promulgate written specifications describing such standards. (b) The Commissioner of Property and Procurement may make use of the laboratory and engineering facilities of the government and the technical staffs thereof in connection with the work of preparing and revising standards and written specifications. The Commissioner of Property and Procurement shall also consult with the heads and other officials of the using agencies to determine their requirements, and shall endeavor to prescribe those standards which meet the needs of the majority of such agencies. All specifications must be definite and certain and permit of competition. After its adoption, each standard specification shall, until revised or rescinded, apply alike in terms and effect to every future purchase and contract for the commodity described in such specification.

All agencies of the government shall file with the Commissioner of Property and Procurement detailed estimates of their requirements in supplies, materials, equipment and contractual services in such manner, and at such periods as the Commissioner shall prescribe. This shall not prevent any agency from filing with the Commissioner at any time a requisition for any supplies, materials, equipment, or contractual services, the need for which was not foreseen when the detailed estimates were filed.

(a) Supplies, material and equipment may be purchased and contractual services negotiated for, in the open market without observing the provisions of section 236 of this title provided- (1) the Governor declares, in the public interest by Proclamation that a State of Emergency exists and specifies in such Proclamation those purchases and/or services which may be obtained without observing the provisions of said section 236; (2) there exists a threat to public health, safety or welfare under emergency conditions as defined in regulations prescribed by the Commissioner; provided, that such emergency procurements shall be made with such competition as is maximally practicable under the circumstances; and provided further, that all procurements made pursuant to this item shall be clearly stamped "PUBLIC EXIGENCY"; (3) the aggregate amount involved is $10,000.01 to $150,000; provided that: (A) an agency does not purchase the same supplies, materials, or equipment on a recurring basis or contract for the same services on a recurring basis from one person, firm, partnership, or corporation in a fiscal year; (B) only the head of the department or agency or semiautonomous agency or the certifying officer is authorized to certify expenditures between $10,000.01 and $150,000.00 for open market purchases and negotiated contracts for services made pursuant to this paragraph; and (C) at least three quotations must be obtained from the several vendors and the purchase must be made from the best value; (D) The Commissioner of the Department of Property and Procurement may through policies, rules, or regulations established in accordance with title 3 Virgin Islands Code, chapter 35, ctitle 3 Virgin Islands Code, chapter 35ereunder, to match the micro-purchase threshold for the Federal Government. (4) the aggregate amount involved does not exceed $10,000.00; provided that: (A) an agency does not purchase the same supplies, materials or equipment on a recurring basis or contract for the same service on a recurring basis from one person, firm, partnership or corporation in a fiscal year; (B) only the head of the department or agency is authorized to certify the expenditures; and (C) at least one quotation is obtained and the price is determined to be reasonable according to a survey of the market for the supplies, materials or equipment or professional service. (D) The Commissioner of the Department of Property and Procurement may through policies, and rules or regulations established in accordance with title 3 Virgin Islands Code, chapter 35, title 3 Virgin Islands Code, chapter 35hereunder, to match the micro-purchase threshold for the Federal Government. (5) the purchase or contract is for property or services to be procured and used outside the Virgin Islands; provided that such property or services shall be procured by competitive negotiation; (6) the purchase or contract is for (a) medicine or medical, hospital, laboratory, surgical equipment and supplies; or (b) supplies, and equipment for the control and/or eradication of insects, pests, mosquitoes or grass diseases; or (c) supplies and equipment for the control and prevention of air and water pollution; or (d) agricultural products (as that term is defined by 7 V.I.C. § 11) which have been produced within the Virgin Islands; (7) the purchase or contract is for property or material for authorized sale for agricultural purposes; (8) the purchase or contract is for property or services for which it is impracticable to obtain competition; (9) the purchase or contract is for equipment that is technical whose standardization and interchangeability of whose parts are necessary in the public interest and whose procurement by negotiation is necessary to assure that standardization and interchangeability. (10) the purchase or contract is for property or services for which the bid prices received after formal advertising are unreasonable as to all or part of the requirements, or were not independently reached in open competition, and for which (A) each responsible bidder has been notified of an intention to negotiate and a reasonable opportunity has been given to negotiate; (B) the negotiated price is lower than the lowest rejected bid of any responsible bidder; and (C) the negotiated price is the lowest negotiated price offered by any responsible supplier; (11) negotiation of the price or a contract is otherwise authorized by law. (12) the purchase is from the U.S. General Services Administration, the U.S. Superintendent of Documents, Government Printing Office, or is made under the terms of a contract of the General Services Administration, Federal Supply Service, or is made pursuant to the terms of a contract held by the federal agency for which the agency has a federal grant for the services or acquisition of goods in question or made pursuant to the terms of a federal government cooperative agreement or contract held by a nationally recognized procurement organization or its member states and the acquisition complies with the competitive or non-competitive requirements of the grant award, "where such specialized goods and services are not readily or reasonably available in the Virgin Islands," and in the case of such purchases only, subsection (b) of this section shall not apply. (13) the purchase or contract is for equipment, services, or supplies to be used by first responder agencies in direct response to an accident or emergency; provided that the procurements must be made with such competition as is maximally practicable under the circumstances. (b) Where an open market purchase is made, or a contract for services negotiated for, pursuant to clauses (1) and (2) of subsection (a) of this section, the approval of the Governor shall be necessary and, in addition, if the purchase is made pursuant to clause (2) of subsection (a) of this section, the Commissioner of Property and Procurement shall attach to the requisition stamped "Public Exigency" a brief but concise description of the nature of the public exigency involved. Open market purchases and negotiated contracts for services made pursuant to all other clauses of such subsection may be made only after a full explanation of the circumstances requiring the purchase or contract have been filed with the Governor and the Commissioner of Property and Procurement and shall be open to public inspection. The Commissioner of Property and Procurement shall file prior to the 15th day of each month, a report with the Governor and the Finance Committee of the Legislature listing (1) the names and addresses of all persons, firms or corporations making sales or contracting to provide services to the Government, (2) the purchase made or service provided, and (3) the amount of each purchase or contract, made pursuant to this section. (c) The data respecting the negotiation of each purchase or contract under subsection (a) of this section shall be kept by the Commissioner of Property and Procurement for six years after the date of final payment of the contract. (d) Deleted. (e) The Commissioner of Property and Procurement may solicit bids from prospective vendors by mail or by telephone. The Commissioner of Property and Procurement shall keep a record of all open market purchases and the competitive bids submitted thereon. Such records shall be open to public inspection. (f) Using agencies may make direct purchases, or contract for supplies, materials, equipment and contractual services in accordance with rules and regulations prescribed by the Commissioner of Property and Procurement and approved by the Governor. History: Amended Nov. 28, 1960, No. 649, § 2, Sess. L. 1960, p. 198; June 15, 1962, No. 886, p. 173; Dec. 1, 1965, No. 1542, Sess. L. 1965, Pt. I, p. 543; Feb. 28, 1967, No. 1858, § 2, Sess. L. 1967, p. 25; July 16, 1968, No. 2284, §§ 1, 2, Sess. L. 1968, Pt. II, p. 235; Feb. 20, 1970, No. 2650, §§ 2, 3, Sess. L. 1970, p. 35; Jan. 12, 1976, No. 3776, § 2, Sess. L. 1975, p. 215; May 6, 1976, No. 3806, Sess. L. 1976, p. 47; Oct. 15, 1986, No. 5212, § 1, Sess. L. 1986, p. 327; June 24, 1987, No. 5265, § 902(c), Sess. L. 1987, p. 86; Oct. 13, 1993, No. 5892, §§ 1, 3, Sess. L. 1993, pp. 236, 237; Dec. 13, 1993, No. 5917, § 3, Sess. L. 1993, p. 278; July 3, 2009, No. 7076, § 2, Sess. L. 2009, p. 116; Nov. 15, 2011, No. 7327, § 9, Sess. L. 2011, p. 303; amended Jan. 25, 2021, No. 8436, § 2(f)(1), (2), Sess. L. 2020, p. 341, 342; amended Dec. 2, 2024, No. 8954, § 2(e), Sess. L. 2024, p. -.

History: Repealed. July 16, 1968, No. 2284, § 3.

The Commissioner of Property and Procurement may require the inspection or supervision of all deliveries of supplies, materials, equipment or contractual services to determine their conformance with the specifications set forth in the order or contract. Any department having the staff and facilities for adequate inspection may be authorized by the Commissioner of Property and Procurement to inspect all deliveries made to such using agencies under rules and regulations which shall be established. The Commissioner may require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with the specifications. In the performance of such tests, the Commissioner shall have authority to make use of laboratory facilities of any agency of the Government or any outside laboratory.

All agencies shall submit to the Commissioner of Property and Procurement, at such times and in such form as he shall prescribe, reports showing stocks of all supplies, materials, and equipment which are no longer used or which have become obsolete, worn out or scrapped. The Commissioner may transfer such stock to another or other agencies which have need for and can use it. The Commissioner may sell all such supplies, materials and equipment which have become unsuitable for public use, or exchange for or trade in the same on new supplies, materials, and equipment. Any such sale, exchange or trade-in shall be based on competitive bids secured in accordance with the provisions of this chapter; provided, that any such sale, exchange or trade-in may be made by public auction in such cases as the Commissioner shall determine that the cost of formal advertising would exceed the proceeds from the sale, exchange or trade-in of the surplus stock. History: Amended Mar. 17, 1965, No. 1356, Sess. L. 1965, Pt. I, p. 99.

In the interest of efficiency and economy, one department, agency, or fund, may supply services, materials, or equipment to another department, agency, or fund upon request; and an amount equalling the cost of such services or materials, depreciated value of equipment or reasonable rental charge thereof, shall be transferred from the recipient of the services, materials or equipment to the provider, and such funds shall be added to the appropriate appropriation item and be available for re-expenditure in like manner as though appropriated. No such transaction shall be carried over from one fiscal year to another. No employee shall suffer any reduction in compensation as a result of the application of the provisions of this section.

(a) The Commissioner of Property and Procurement shall control and supervise any and all existing storerooms and warehouses and any which may hereafter be established. (b) Appropriations shall be made by the Legislature to provide a stores revolving fund of sufficient amount to finance the purchase and storage of supplies, materials and equipment which are used in large quantities and which may be purchased and stored advantageously. Such fund shall be under the control of the Commissioner who shall also be responsible and accountable for all such supplies, materials and equipment. The Commissioner shall maintain a perpetual inventory record of such supplies, materials and equipment.

The Commissioner of Property and Procurement shall establish, and from time to time amend, all rules and regulations authorized by this chapter and any others necessary to its operations. Such rules and regulations and amendments thereto shall be subject to final approval of the Governor. The rules and regulations promulgated under this section shall require each person who submits a bid in relation to any purchase in excess of $1,000 under this chapter to disclose the name and address of each individual having a beneficial interest of more than five (5%) per centum in the bidding enterprise and, if the bidder is a corporation, the names and addresses of all its officers and directors. The bidder shall notify the Commissioner of any changes in its ownership or officers at the time such changes occur. History: Amended July 29, 1971, No. 3072, Sess. L. 1971, p. 300.

The Commissioner of Property and Procurement shall submit to the Governor an annual report on the work of his department in carrying out the provisions of this chapter and may from time to time suggest changes in this chapter which he deems necessary.

No employee of the Department of Property and Procurement shall be admitted to any share or part of any Government contract or to any benefit that may arise therefrom.

(a) No contract or purchase on behalf of the government shall be made unless the same is authorized by law or is under an appropriation adequate to its fulfillment. (b) Nor shall any otherwise authorized contract or purchase on behalf of any organization of the Government for personal services by made unless: (1) Such services cannot otherwise be obtained through the direct-hire of employees, whether in a classified or an exempt position, as certified by an authorized official of any organization of Government requesting the services; (2) Contracts include a provision of benefits normally afforded exempt civil service employees of the Executive Branch of the Government of the Virgin Islands; and (3) A copy of the contract is filed in advance with the Committee on Finance of the Legislature. History: Amended Aug. 26, 1994, No. 6007, § 7(f)(1), Sess. L. 1994, p. 156; Oct. 13, 1994, No. 6028, § 1(o), Sess. L. 1994, p. 221.

(a) Any purchase order or contract executed in violation of this chapter and of the rules and regulations promulgated for its enforcement, shall be null and ineffective and, if public funds have been expended in relation therewith, the amount so expended may be recovered in behalf of the Government of the Virgin Islands through proper action instituted for such purpose. Any person who violates the provisions of this chapter shall be fined not more than $1,000 or imprisoned not more than one year or both. (b) Notwithstanding any other provision of this chapter no purchase order or contract shall be executed between the Government and any person, firm, partnership or corporation who has failed to comply with the terms and conditions of any such purchase order or contract; provided, however, that the Commissioner in appropriate cases may waive this provision. The provisions of this chapter shall not apply to purchase orders or contracts where Federal funds are involved, and where federal law, rules or regulations apply to the procurement of supplies, materials, equipment or contractual services in the Virgin Islands. History: Amended Apr. 16, 1971, No. 2995, § 2, Sess. L. 1971, p. 115; Oct. 15, 1986, No. 5212, § 1, Sess. L. 1986, p. 327.

(a) The Commissioner of Property and Procurement may delegate duties prescribed under this chapter to persons within the Department of Property and Procurement, subject to approval of the Governor. (b) Any person designated pursuant to subsection (a) of this section shall be bonded in accordance with the provisions of chapter 31 of Title 3.

For Official Procurement Notices (a) Notwithstanding any other law to the contrary, the Commissioner of Property and Procurement shall procure advertising from any newspapers or news magazine of general circulation in the Virgin Islands or any online or electronic publication, or databases of the Federal Government used by the General Services Administration to publish official procurement notices and publications of executive departments, agencies and other instrumentalities of the Government of the Virgin Islands. (b) Any newspaper or news magazine of general circulation, printed and published in the English language within the territory at least once per month for at least two years continuously, shall be eligible for designation to publish official government advertisements and notices under this section. (c) The Commissioner of Property and Procurement may publish official government advertisements and notices in any online or electronic publication that publishes news stories within the Territory, or which publishes procurement notices for nationwide distribution for at least two years continuously. (d) The Commissioner of Property and Procurement shall procure services for the publication of government notices in accordance with this chapter. In selecting newspapers for the publication of official notices, the Commissioner shall determine that the notices are widely circulated in the islands of the Territory. Only those notices affecting the island or islands in which the newspaper has a substantial circulation may be published in that newspaper. Notices issued by the Government may not be published in any publication other than the newspapers designated by the Commissioner. Except with the approval of the Commissioner and when the public interest demands, publication of special notices may be made in periodicals or newspapers outside the Virgin Islands. History: Added July 19, 1968, No. 2319, § 1, Sess. L. 1968, Pt. II, p. 301; amended July 18, 1996, No. 6115, §§ 2(a), 2(b), 2(c), Sess. L. 1996, p. 84; amended Jan. 25, 2021, No. 8436, § 2(g)(1)-(3), Sess. L. 2020, p. 342.

The hourly wages to be paid all laborers, workmen or other persons employed under contracts for public works, projects or undertakings with the Government of the Virgin Islands shall not be less than the prevailing rate of wage for an hour's work in the same trade or occupation throughout the Virgin Islands. History: Added Oct. 30, 1961, No. 792, § 1, Sess. L. 1961, p. 240.

For the purposes of this subchapter, the Commissioner of Labor shall after public notice and hearing, determine the prevailing wage for laborers, workmen or other persons employed under contracts for public works, projects or undertakings with the Government of the Virgin Islands, in the occupational categories applicable. History: Added Oct. 30, 1961, No. 792, § 1, Sess. L. 1961, p. 241.

The specifications for every contract for any public works, projects or undertakings of the Government of the Virgin Islands shall contain a provision stating the prevailing rate of wage, which shall be paid to laborers, workmen or other persons in each trade or occupation required for such public work, project or undertaking, employed in the performance of the contract whether by the contractor, subcontractor or other person doing or contracting to do whole or any part of the work contemplated by the contract, and the contract shall contain a stipulation that such laborers, workmen or other person shall be paid not less than such specified prevailing rate of wage. History: Added Oct. 30, 1961, No. 792, § 1, Sess. L. 1961, p. 241.

Before payment is made by or on behalf of the Government of the Virgin Islands of any sum or sums due on account of a contract for a public work, project or undertaking, the officer charged with the certification of payments applicable to the contract and pursuant to which payment is made, shall require the contractor and each and every subcontractor to file a statement in writing in form satisfactory to such officer, certifying the rate of hourly wage paid each classification of laborers, workmen or other persons employed by him on such work and further certifying that no such laborer, workman or other person has been paid less than the prevailing rate of wage specified in the contract, which certificate and statement to be so filed shall be verified by the oath of the contractor or subcontractor, as the case may be, that he has read such a statement and certificate subscribed by him and knows the contents thereof, and that the same is true to his knowledge. History: Added Oct. 30, 1961, No. 792, § 1, Sess. L. 1961, p. 241.

Any contractor or subcontractor who shall upon his oath verify any statement to be filed under the provisions of this subchapter which is known to him to be false, or if made without knowledge in reckless disregard to the truth, shall be guilty of a felony, and punished as for perjury, as set forth in section 1541 of Title 14. History: Added Oct. 30, 1961, No. 792, § 1, Sess. L. 1961, p. 242.

(a) It is declared to be in the public interest and necessary for the promotion and protection of the public welfare, that in the employment of persons by private contractors for public works projects with the Government of the Virgin Islands that preference be given to occupationally qualified residents of the Virgin Islands. (b) For the purposes of this subchapter: (1) "resident" shall mean a person who: (A) is a citizen of the United States and or other person legally admitted as a permanent resident to the United States; and (B) has been a bona fide resident of the Virgin Islands for a period of at least one (1) year. (2) "public works project" includes any project involving the construction, improvement, alteration, or repair of any building, water system, sewer system, road, highway, or bridge paid for with money from the Treasury of the Virgin Islands. (3) "Government of the Virgin Islands" include its agencies and instrumentalities, including those agencies listed under Title 1, section 253, subsection (b), Virgin Islands Code, and specifically includes the Virgin Islands Water and Power Authority, the Virgin Islands Housing Authority, the Virgin Islands Port Authority, and University of the Virgin Islands, the Virgin Islands Housing Finance Authority and the Public Works Acceleration Authority. History: Added Oct. 30, 1961, No. 792, § 1, Sess. L. 1961, p. 242; amended June 20, 1986, No. 5174, § 1, Sess. L. 1986, p. 166; Oct. 14, 1986, No. 5207, § 9, Sess. L. 1986, p. 249.

(a) All contracts let by the Government of the Virgin Islands for any public works projects shall contain a clause requiring the contractor and any subcontractor of the contractor to hire only Virgin Islands residents, except as provided by section 272 of this chapter. (b) Subject to section 272, the hiring of persons to work on any project paid for with money from the Treasury of the Virgin Islands must comply with this subchapter and give first preference to qualified, unemployed residents who are registered with the Department of Labor. (c) With respect to all contracts involving the use of federal aid funds, this subchapter shall not be enforced as to conflict with any federal rules, statutes or regulations governing such contracts. History: Added Oct. 30, 1961, No. 792, § 1, Sess. L. 1961, p. 242; amended June 20, 1986, No. 5174, § 1, Sess. L. 1986, p. 167; amended Apr. 22, 2016, No. 7861, § 2, Sess. L. 2016, p. 36.

(a) Any contractor, subcontractor, subsidiary, public/private partnership with the Government of the Virgin Islands, or any such venture in which public funds are used or made to secure any debt for any public works project, before employing any person, not a resident of the Virgin Islands shall: (1) notify the Virgin Islands Employment Service as to: (A) the unavailability of occupationally qualified residents; (B) the number of nonresidents required; and (C) the occupational classification of such workers, as established by the Commissioner of Labor; (2) place a job order with the Employment Service with respect to each position to be filled by a nonresident; and (3) cause to be advertised throughout the Virgin Islands notice of the existence of the vacancies in accordance with requirements set by the Director. (b) Upon the expiration of ten (10) days after the advertisement required under subsection (a)(3) the Commissioner of Labor shall issue a clearance for the employment of nonresidents if no occupationally qualified residents are available. (c) Any contractor or subcontractor who employs a nonresident prior to the issuance of a clearance under subsection (b) or otherwise violation of the provisions of this subchapter, in addition to any other penalties provided by law, shall: (1) have deducted from the amounts due to him by the Government of the Virgin Islands, for every violation, the wages which were illegally paid to nonresidents; (2) be fined not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000) for each nonresident hired in violation of this subchapter; or (3) have their license to do business in the United States Virgin Islands suspended for a period of six (6) months. (d) The contractor of a subcontractor who violates this section shall be jointly and severally liable with the subcontractor for violations of this section. History: Added Oct. 30, 1961, No. 792, § 1, Sess. L. 1961, p. 243; amended June 20, 1986, No. 5174, § 1, Sess. L. 1986, p. 167; amended Apr. 22, 2016, No. 7861, § 1, Sess. L. 2016, p. 36.

(a) The Commissioner of Property and Procurement may- (1) acquire from the United States of America such property, including equipment, materials, books, or other supplies under the control of any department or agency of the United States of America as may be usable and necessary for public works, educational and public health purposes, including research; (2) warehouse such property; and (3) distribute such property to public hospitals, clinics, health centers, schools and public works agencies within the Virgin Islands, and to other non-profit medical institutions, hospitals, clinics, health centers and schools which have been held exempt from taxation under section 501(c) of the United States Internal Revenue Code of 1954, within the Virgin Islands. (b) For the purpose of executing his authority under this chapter, the Commissioner of Property and Procurement may adopt, amend, or rescind such rules and regulations as may be deemed necessary with the approval of the Governor; and take such other action as is deemed necessary and suitable in the administration of this chapter. (c) The Commissioner may take such action, make such expenditures and enter into such contracts, agreements and undertakings for and in the name of the Virgin Islands, require such reports and make such investigations as may be required by law or regulation of the United States of America in connection with the receipt, warehousing, and distribution of property received by the Commissioner from the United States of America; provided, however, that the Governor shall submit to the Legislature for its approval any proposed cooperative agreement, contract, or other instrument of commitment between the Government of the Virgin Islands and the Government of the United States pertaining to the use of a Federal building or other Federal structure to be acquired by the Government of the Virgin Islands after April 1, 1977. No funds shall be committed or expended by any official of the Government of the Virgin Islands which would cause such Federal building or other Federal structure to be renovated, improved, remodelled, or otherwise structurally altered in a manner inconsistent with the use or uses approved by the Legislature through such cooperative agreement, contract, or other instrument of commitment. (d) The Commissioner may- (1) act as a clearing house of information for the public and private non-profit institutions and agencies referred to in subsection (a) of this section; (2) locate property available for acquisition from the United States of America; (3) ascertain the terms and conditions under which such property may be obtained; (4) receive requests from the above-mentioned institutions and agencies and transmit to them all available information in reference to such property; and (5) aid and assist such institutions and agencies in every way possible in the consummation or acquisition or transactions hereunder. (e) In the administration of this chapter, the Commissioner shall cooperate to the fullest extent consistent with the provisions of the chapter, with the department or agencies of the United States of America and shall make such reports in such form and containing such information as the United States of America, or any of its departments or agency may from time to time require, and shall comply with the laws of the United States of America and the rules and regulations of any of the departments or agencies of the United States of America governing the allocation, transfer, use, or accounting for, property donable or donated to the Virgin Islands. History: Amended May 18, 1977, No. 3984, Sess. L. 1977, p. 74.

The Commissioner of Property and Procurement may delegate to any employee of the Department of Property and Procurement such power and authority as he deems reasonable and proper for the effective administration of this chapter. The Commissioner of Property and Procurement may, in his discretion, require a bond of any person in the employ of the Department of Property and Procurement handling money, signing checks, or receiving or distributing property from the United States under authority of this chapter.

Any charges made or fees assessed by the Commissioner of Property and Procurement for the acquisition, warehousing, distribution, or transfer of any property acquired by donation from the United States of America for public works, educational and public health purposes, including research, shall be limited to those reasonably related to the costs of care and handling in respect to its acquisition, receipt, warehousing, distribution or transfer by the Commissioner.

The purpose of this chapter is to provide uniform policies for the fair and equitable treatment of persons displaced by the acquisition of real property by the Government of the Virgin Islands and for other purposes. History: Added Aug. 11, 1972, No. 3288, Sess. L. 1972, p. 419.

As used in this chapter: (1) "Agency" means any department, agency, or instrumentality of the Government of the Virgin Islands, displacing agency or entity, any person or private entity, whether or not it has the authority to acquire property by eminent domain, and which in carrying out a program or project with Federal financial assistance causes a person(s) to be displaced; (2) "Person" means any individual, partnership, corporation, or association; (3) "Displacing agency" means any department, agency, instrumentality of the Government of the Virgin Islands, any person or private entity, whether or not it has the authority to acquire property by eminent domain, and which in carrying out a program or project with Federal financial assistance, causes person(s) to be displaced. (4) "Displaced person" means any person who, on or after August 11, 1972, moves from real property, or moves his personal property from real property, as a result of the acquisition of such real property, in whole or in part, or as the result of the written order of the acquiring agency to vacate real property, for a program or project undertaken by an agency; and solely for the purposes of sections 292 and 294 of this chapter, as a result of the acquisition of or as a result of the written order of the acquiring agency to vacate other real property, on which such person conducts a business or farm operation, for such program or project; (5) "Nonprofit organization" means any organization which could qualify for a certificate of tax exemption under Section 501(c)(3) of the United States Internal Revenue Code; (6) "Business" means any lawful activity required to be licensed as a business by the laws of the Virgin Islands, excepting a farm operation; (7) "Farm operation" means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. History: Added Aug. 11, 1972, No. 3288, Sess. L. 1972, p. 419; amended Sept. 28, 1989, No. 5466 § 1(i), (ii), Sess. L. 1989, p. 101.

(a) If an agency acquires a real property for public use, it shall make fair and reasonable relocation payments to displaced persons and businesses as required by this chapter for: (1) actual reasonable expenses in moving himself, his family, business, farm operation, or other personal property; (2) actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate such property, as determined by the agency; (3) actual reasonable expenses in searching for a replacement business or farm; and (4) actual reasonable expense necessary to reestablish a displaced farm, nonprofit organization, or small business at its new site, but not to exceed $10,000. (b) Any displaced person eligible for payments under subsection (a) of this section who is displaced from a dwelling and who elects to accept the payments authorized by this subsection in lieu of the payments authorized by subsection (a) of this section may receive a moving expense allowance, determined according to a schedule established by the agency, in at least the amount as provided by the applicable laws of the United States, or where no such laws are applicable, as shall be prescribed by regulations. (c) Any displaced person eligible for payments under subsection (a) of this section, who is displaced from his place of business or from his farm operation and who elects to accept the payment authorized by this subsection in lieu of the payment authorized by subsection (a) of this section, may receive a fixed payment in an amount equal to the average annual net earnings of the business or farm operation, except that such payment shall at least be the amount provided by the applicable laws of the United States. For purposes of this subsection, the term "net earnings" means any net earnings of the business or farm operation before federal, state, and local income taxes during the two taxable years immediately preceding the taxable year in which the business or farm operation moves from the real property acquired for such project, or during such other period as the agency determines to be more equitable for establishing such earnings, and includes any compensation paid by the business or farm operation to the owner, his spouse, or his dependents during such period. History: Added Aug. 11, 1972, No. 3288, Sess. L. 1972, p. 420; amended Sept. 28, 1989, No. 5466, § 1(iii), Sess. L. 1989, p. 101.

(a) In addition to payments otherwise authorized by this chapter, the agency shall make an additional payment not in excess of the amount provided by the applicable laws of the United States, or where no such laws are applicable, as shall be prescribed by regulation, to any displaced person who is displaced from a dwelling actually owned and occupied by the displaced person for not less than 180 days prior to the initiation of negotiations for the acquisition of the property. The additional payment shall include the following elements: (1) the amount, if any, which when added to the acquisition cost of the dwelling acquired, equals the reasonable cost of a comparable dwelling. (2) the amount, if any, which will compensate the displaced person for any increased interest costs which the person is required to pay for financing the acquisition of a comparable replacement dwelling. The amount shall be paid only if the dwelling acquired was encumbered by a bona fide mortgage which was a valid lien on the dwelling for not less than 180 days prior to the initiation of negotiations for the acquisition of the dwelling; and (3) reasonable expenses incurred by the displaced person for evidence of title, recording fees, and other closing costs incident to the purchase of the replacement dwelling, but not including prepaid expenses. (b) The additional payment authorized by this section shall be made only to a displaced person who purchases and occupies a replacement dwelling which is decent, safe, and sanitary not later than the end of the one year period beginning on the date on which he receives final payment of all costs of the acquired dwelling, or the date on which the displacing agency may extend such period for good cause. If such period is extended, the payment under this section shall be based on the costs of relocating the person to a comparable replacement dwelling within one year of such date. History: Added Aug. 11, 1972, No. 3288, Sess. L. 1972, p. 421; amended Sept. 28, 1989, No. 5466, § 1(iv)- (vi), Sess. L. 1989, p. 101.

(a) In addition to amounts otherwise authorized by this chapter, an agency shall make a payment to or for any displaced person displaced from any dwelling not eligible to receive a payment under section 293 of this chapter, which dwelling was actually and lawfully occupied by the displaced person for not less than 90 days prior to the initiation of negotiations for acquisition of such dwelling or in any case in which displacement is not a direct result of acquisition. The payment shall consist of an amount necessary to enable such person to lease or rent for a period not to exceed forty-two (42) months, a comparable replacement dwelling, but not to exceed a total of $5,250. At the discretion of the agency head, a payment under this section may be made in periodic installments. Computation of a payment under this section to a low income displaced person for a comparable replacement dwelling shall take into account such person's income. (b) Any person eligible for a payment under subsection (a) above may elect to apply such payment to a down payment on, and other incidental expenses pursuant to, the purchase of a decent, safe, and sanitary replacement dwelling. Any such person may, at the discretion of the head of the displacing agency, be eligible under this subsection for the maximum payment allowed under subsection (a), except that, in the case of a displaced homeowner who has owned and occupied the displacement dwelling for at least 90 days but not more than 180 days immediately prior to the initiation of such negotiations for the acquisition of such dwelling, such payment shall not exceed the payment such person would otherwise have received under section 293 had the person owned and occupied the displacement dwelling 180 days immediately prior to the initiation of such negotiations. History: Amended Sept. 28, 1989, No. 5466, § 1(vii), Sess. L. 1989, p. 102.

(a) Whenever the acquisition of real property for a program or project undertaken by an agency will result in the displacement of any person on or after August 11, 1972, the agency shall provide a relocation assistance advisory program for displaced persons which shall offer the services prescribed in subsection (b) of this section. If the agency determines that any person occupying property immediately adjacent to the real property acquired is caused substantial economic injury because of the acquisition, it may offer the person relocation advisory services under the program. (b) Each relocation assistance program required by subsection (a) shall include such measures, facilities, or services as may be necessary or appropriate in order (1) to determine the needs of displaced persons, business concerns, and nonprofit organizations for relocation assistance; (2) to assist owners of displaced businesses and farm operations in obtaining and becoming established in suitable business locations or replacement farms; (3) to supply information concerning programs of the federal, territorial and local governments offering assistance to displaced persons and business concerns; (4) to assist in minimizing hardships to displaced persons in adjusting to relocation; and (5) to secure, to the greatest extent practicable, the coordination of relocation activities with other project activities and other planned or proposed governmental actions in the community or nearby areas which may affect the carrying out of the relocation program. History: Added Aug. 11, 1972, No. 3288, Sess. L. 1972, p. 422.

(a) Whenever the acquisition of real property for a program or project undertaken by an agency will result in the displacement of any person on or after August 11, 1972, the agency shall assure that, within a reasonable period of time prior to displacement, there will be available in areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and individuals displaced, decent, safe and sanitary dwellings equal in number to the number of and available to displaced persons who require dwellings and reasonably accessible to their places of employment, except that the Governor by regulation may provide for emergencies, hardships, and related exceptions which may be necessary in the administration of the chapter. (b) If a program or project undertaken by a federal agency or with the financial assistance of the United States cannot proceed on a timely basis because comparable replacement dwellings are not available, and the head of the displacing agency determines that such dwellings cannot otherwise be made available, the head of the displacing agency determines that such dwellings cannot otherwise be made available, the head of the displacing agency may take such action as is necessary or appropriate to provide such dwellings by the use of funds authorized for such project. The head of the displacing agency may use this section to exceed the maximum amounts which may be paid under applicable laws of the United States on a case-by-case basis for good cause as determined in accordance with such regulations as the United States shall issue. (c) No person shall be required to move from his dwelling on account of any program or project undertaken by a federal agency or with financial assistance of the United States, unless the head of the displacing agency is satisfied that comparable replacement housing is available to such person, except in the case of (1) a major disaster as defined in the Disaster Relief Act of 1974, as amended, Section 102(2), (2) a national emergency declared by the President; or (3) any other emergency declared by the Governor, which requires the person to move immediately from the dwelling because continued occupancy of such dwelling by such person constitutes a substantial danger to the health or safety of such person. History: Amended Sept. 28, 1989, No. 5466, § 1(viii), Sess. L. 1989, p. 102.

History: Repealed. Sept. 28, 1989, No. 5466, § 1(ix), Sess. L. 1989, p. 103.

In order to prevent unnecessary expense and duplication of functions, and to promote uniform and effective administration of relocation assistance programs for displaced persons, the agency, with the approval of the Governor may enter into contracts with any individual, firm, association or corporation for services in connection with those programs, or may carry out its functions under this chapter through any federal agency or any department or instrumentality of the territory or its political subdivisions having an established organization for conducting relocation assistance programs. History: Added Aug. 11, 1972, No. 3288, Sess. L. 1972, p. 424.

Funds appropriated or otherwise available to any agency for the acquisition of real property or any interest therein for a particular program or project shall be available also for obligation and expenditure to carry out the provisions of this chapter as applied to that program or project. History: Added Aug. 11, 1972, No. 3288, Sess. L. 1972, p. 424.

Activity (a) A person who moves or discontinues his business or farm or moves other personal property, or moves from his dwelling as the result of rehabilitation, demolition or such other displacing activity as the Governor may prescribe under a program or project undertaken by the agency solely for the purpose of sections 293 and 294 of this chapter, as a result of rehabilitation, demolition, or such other displacing activity as the Governor may prescribe, of other real property on which such person conducts a business or farm operation under a program or project undertaken by an agency, where the agency determines that such displacement is permanent is deemed to be a "displaced person" for the purposes of this chapter. (b) The term "displaced person" does not include: (1) a person who has been determined, according to criteria established by the Governor, to be either unlawfully occupying the displacement dwelling or to have occupied such dwelling for the purpose of obtaining assistance under this chapter; (2) in any case in which the displacing agency acquires property for a program or project, any person (other than a person who was an occupant of such property at the time it was acquired) who occupies such property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project. History: Added Aug. 11, 1972, No. 3288, Sess. L. 1972, p. 424; amended Sept. 28, 1989, No. 5466, § 1(x), Sess. L. 1989, p. 103.

No payment received by a displaced person under this chapter shall be considered as income or resources for the purpose of determining the eligibility or extent of eligibility of any person for assistance under any law of the Virgin Islands or for the purposes of determining the eligibility or extent of eligibility of any person for assistance under the tax laws of the Virgin Islands. These payments shall not be considered as income or resources of any recipient of public assistance and the payments shall not be deducted from the amount of aid to which the recipient would otherwise be entitled. History: Added Aug. 11, 1972, No. 3288, Sess. L. 1972, p. 424.

Any person or business concern aggrieved by a final administrative determination hereunder concerning eligibility for relocation payments, or the amount thereof, authorized by this chapter may appeal that determination to the District Court of the Judicial Division in which the land taken for public use is located or in which the building code enforcement activity occurs or the voluntary rehabilitation program is conducted. History: Added Aug. 11, 1972, No. 3288, Sess. L. 1972, p. 425.