P.R. Laws tit. 3, § 926a
It shall be the duty of all public corporations and instrumentalities not subject to the jurisdiction of the General Services Administration shall subordinate the approval of all purchase and acquisition orders for goods or non-professional services to strict compliance with certain cautionary measures to guarantee the application of the preferential margins provided in Act No. 42 of August 5, 1989, known as the “Preference Procurement Policy Act of the Government of Puerto Rico”, and to observe certain measures for ensuring compliance with said policy. For such purposes, each of these government entities shall adopt cautionary measures to ensure the acknowledgement in all acquisition of goods and services processes of the mandatory application of the preference margins set forth in the referenced Act No. 42.
These organisms shall ensure that in each convocation to auctions or any other procedure for the awarding of goods and non-professional services carried out under their authority and jurisdiction, a statement and official acknowledgement of the mandatory procurement policy as set forth in the aforementioned Act is issued. Such statement shall be expressed briefly and clearly, and shall provide adequate notification to all bidders in such a manner that, if so entitled, same may demand the application of the preference percentages set forth in the aforementioned Act No. 42 of August 5, 1989.
The referenced government institutions shall prepare, by means of an approved regulation, a form document containing the foregoing statement, which shall be used by same in the process for the preparation of their respective convocations.
In turn, these shall supervise as a condition for the validity of all purchases or acquisitions that during the opening act of the auction itself and during the entire contract of services or purchase of goods the general demands and rights granted pursuant to Act No. 42 are read and the right of every bidder to impugn the procedure is acknowledged, if the auction is not held according to the preferences consigned in said Act, and that it is established that all sale and purchase or acquisition of goods and non-professional services contract awards that do not observe the preference provisions in Act No. 42 of this title shall be annulled.
Any purchase orders, bids or adjudication procedures of goods and services in which the preference policy that shelters products and services that have preference margins pursuant to the Preference Procurement Policy Act of the Government of Puerto Rico is not completely adhered to and which does not comply satisfactorily with the requirements of §§ 926a—926c of this title shall be annulled.
Likewise, it shall be the responsibility of these corporations and instrumentalities to see that, prior to the approval or validation of any purchase orders, bids, or informal procedures for the awarding of goods and services, a final certification is issued stating that same have restricted themselves to the provisions under and that the aforementioned measures have been taken for the protection of the legal preferences established in behalf of locally generated products and services, as defined and ordered preferentially in the referenced Act No. 42.
History —Sept. 3, 2003, No. 253, § 1, eff. 180 days after Sept. 3, 2003.