P.O. Box 610
Colonia, Yap
 Federated States of Micronesia

 DATE      :  July 19, 2000

TO           :  Governor

FROM      :  Director, Administrative Services

SUBJECT      :  Amendment to FMA Regulations on Requisitions

Attached is the proposed amendment to the FMA Regulation on Section 503 on Requisitions, Subsection 3, which was publicly ad ertised for thirty days as the law requires. We advise y u that we did not receive any written comments during the hirty-day advertising period.

Since there was no comments opposed to the FMA Regulation proposed am ndment, we advise that you and the Attorney General go head and sign the attached so that the proposal could becom effective as part of the FMA Regulation.

Al Fong


State Regulation No. 2000-01

Re: Amendments to the Financial Management Act Regulations Requisition         Purchases Requirements.

     1. Introduction. Per findings and recommendations by the State Public Auditor, the Director of Administrative Services hereby issues the following amendments to Section 503 of the Financial M agement Act regulations. The amendments will allow certai specific transactions outside the requisition requirements in emergency situations.

     2. Amendments to Section 503. Seetion 503 of the Financial M agement Act regulations on requisition requirements is hereby amended to read as follows:

     "503. isition form. (1) Except in emergency situations as defined in subsection (3) of.this section, a Requisition orm shall be prescribed by the Director and followed by 11 government agencies. The form shall shall contain, at least, the following:

     a. name of Yap State Agency making the request for per onal property or supplies;

     b. date of the request;

     c. description and quantity of items needed.  (Descriptions should be specific not general such "supplies or "office supplies. or "materials. or . building materials". Blanket purchase orders are prohibited, except when approved by the Director for cer ain items such as the emergency purchase of medical supplies or parts for the power plant gen rators);

     d. organization and object class to be charged. (This requisition should be submitted to Procurement and Management Office to process and issue therefore a computerized Purchase Order form as prescribed by the Director. The Chief of Property Management Division will determine compliance with in the process of issuing the computerized Purchase Order. The Chief will also make a determination that the requirements
of Section 502 have been carried out); and

     e. signature of the appropriate allottee.
(2) When completed, the Requisition Form should be submitted to the Chief who will:

     a. Determine compliance with Title 9 of the State Code.

     b. Determine if the requirements of this section have bee carried out.

     c. For the purchases of personal property, determine tha the vendor is on the "Approved Vendor List" in accordance with Section 504.

     d. Determine if the items are carried in the Central Supply Stock and thus can be issued to the government agency in place of separate purchase.

     e. Preparation of the Purchase Order.

(3) The requirements stated in subsections (1) and (2) of this sectio do not apply to transactions in an emergency situation, i.e., in an unexpected or sudden situation or occurance o a serious and urgent nature that demands immediate a tion by an agency and the agency has no time in the situati n to comply with the requisition requirements. For example, a natural disaster or catastrophe, search and rescue for person missing, medical referral, hospital equipment o supplies, police emergencies in serious criminal cases or fi h law violation cases, field trips and the like. The followi g requirements shall govern emergency purchases or services:

     a. The agency making the purchase or obtaining the  service shall, without unnecessary delay and  preferably on the first working day, submit to the  Chief of Finance the original copy of the invoice  from the vendor; and

     b. The invoice shall be accompanied by a singed memorandum or letter by the head of the agency explaining the nature of the emergency, why the supplies or services are of a serious or urgent nature demanding immediate action by the agency, and why the requirements of purchase requisition proceduces cannot be followed.

The Chief of Finance shall satisy that the purchase or service meets the requirements of his subsection before authorizing payments to the vendor. If he should determine
that the transaction violates the requirements; he may with the approval of the Director; void the transaction. If the  transaction is voided no publid funds may be used to pay the
vendor and the Chief shall advise the agency head and vendor of the decision without unnecessary delay."
     3. Effective date. These amendments to the regulations shall take effect twenty days after filing with the Clerk of the Legislature and the Attorney General.

ISSUED BY:                              

    /s/                                                       Date: 7/19/00
Administrative Services

APPROVED     BY                                             

     /s/                                                       Date:7/19/00
The State of Yap

Received and Filed on                           Received and Filed on
7 - 20 - 00                                                 7-20- 00

            /s/                                                  /s/
Clerk of Legislature                               Attorney General