Benett Reminds Government Department Heads Not To Sign Contracts Without Property And Procurement’s Approval

ST. CROIX — Virgin Islands Department of Property and Procurement Commissioner Randolph Bennett, in a press release Government House issued on Monday, reminded the public that purchases that obligates the Government of the Virgin Islands by any department or agency without a written approved purchase order by the Commissioner of P&P or his designee, is deemed a confirming order, which is illegal, according to the release.

“There is no provision in the Virgin Islands Code or in the Virgin Islands rules and regulations authorizing the issuance and approval of confirming orders,” according to P&P officials.

The release further states that VI Code forbids the unauthorized obligation of government funds. The law, the release went on, permits the imposing of fines and imprisonment for violators. And Title 31, VIC Section 234 prohibits anyone from making a purchase for goods or services without a written approved purchase order by the Commissioner of P&P.

Additionally, Title 31, Chapter 23 VIC Section 248(a) states:  “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.”

“Effective immediately, all departments and agencies shall cease and desist from incurring any debt to the Virgin Islands Government in the absence of a fully executed contract and/or purchase order,” according to P&P. “Payments for goods and services procured without the proper authorizing document will be the sole responsibility of the initiator. Failure to comply with purchasing and contracting rules, regulations and procedures will result in the imposition of strong disciplinary measures.”

To support with implementation of Division of Procurement policy No. 012016, effective immediately, all departments and agencies are to submit to P&P a list of all confirming orders for services rendered (contracts) and for goods or services (requisitions) by Monday, November 16, 2015 at or before 5:00 p.m., according to the release.

For each confirming order, agency and department heads are to submit a letter of justification to P&P stating the contractor’s name, scope of work provided, total project cost and justification for providing service and/or acquired goods or services without a written approval from P&P’s Commissioner or his designee. Additionally, all corresponding invoices should be included, the release further stated.

P&P will then forward all documents with a cover letter to the governor and the governor will forward to the Legislature for ratification. Confirming Orders have to be ratified by the Legislature and approved before payment to the vendor can be effectuated. And if a department or agency does not have any confirming orders, a letter stating such should be submitted.

For more information, contact Latisha Blyden at 3407740828 ext 230.