In the best interest of the I Can Home, BAK and the I Can Foundation agreed to continue the project and made arrangements to finish the furnishing.
The project, which is managed by BAK, entails the purchase, delivery and installation of ten categories of furniture, appliances and household goods. For this project standard procedures were followed to contract a company to supply these goods. As part of these procedures a Terms of Reference (TOR) was drawn up, describing the requirements for executing the project as well as the goods to be delivered. After consulting the I Can Foundation on the TOR, it was published in the Daily Herald and Today. Since no bids were received, the I Can Foundation was consulted again. BAK suggested to send the TOR directly to a number of companies to see if they would be interested in offering a bid. This list of companies used was provided by the I Can Foundation and it included Personalized Creations.
Several companies replied to this request and made an offer, of which 3 met the requirements of the Terms of Reference. One of these three bidders was Personalized Creations, who offered the lowest bid. This bid was discussed with the I Can Foundation to see if some of the items could be taken off the list to remain within the approved budget. The I Can Foundation adjusted their list of items accordingly, and agreed with Personalized Creations' offer. BAK at that time was not aware of any possible conflict of interest and therefore awarded the assignment to Personalized Creations. Additional to the standard check at the Chamber of Commerce and according to standard procedure a bank statement was requested from Personalized Creations before any payments were made.
During the course of the project, BAK received lists of items signed and stamped by the I Can Foundation on three occasions, stating that the goods were delivered and installed at the I Can Foundation. BAK had no reason to doubt the validity of the signed and stamped documents at that time; therefore payments were made directly to Personalized Creations.
When it became clear that there might have been internal irregularities at the I Can Foundation, BAK immediately intensified personal contact with the I Can Foundation and Personalized Creations. BAK and the I Can Foundation discussed how to continue the project in the best interest of the Foundation considering the important function it has in Sint Maarten's society. In full agreement with the I Can Foundation it was decided to continue to work towards getting all the goods delivered.
BAK and the I Can Foundation mutually agreed to give Personalized Creations a final deadline of February 28th to comply with their contract and deliver all goods as specified. BAK is unaware of the reason for the sudden change of heart by the I Can Foundation with respect to this agreement.