P.R. Laws tit. 3, § 930g
Any purchase made under the provisions of this chapter shall be subject to strict supervision and follow-up with regard to what has been received, which shall ensure the most faithful compliance with the specifications, terms and conditions of the purchase.
The Board, subject to due process of law, may revoke or repeal the benefits of the investment parameter to any person who commits or attempts to commit, on his/her own behalf or that of any other person or persons, a violation of the provisions of this chapter. It may also lower the preference percentage granted, on its own initiative or at the request of an interested party, after a hearing to such effect when the circumstances that caused the Board to grant that percentage change.
The Board, at its discretion, in compliance of due process of law, may impose fines and/or administrative sanctions on any person who commits or attempts to commit, on his/her own behalf or that of any other person, a violation of the provisions of this chapter. In the case of the first infraction, the administrative fine shall not exceed five hundred dollars ($500) per violation, in addition to those penalties provided by the laws or regulations that govern the agency. In case of subsequent infraction incidents, the administrative fines shall not be less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000) for each violation in addition to those penalties provided by the laws or regulations that govern the agency. Administrative sanctions may include, at the discretion of the Board, the return of the benefit derived by the violator, to the affected department, agency, instrumentality, public corporation, municipality or dependency of the Government with regard to the revoked or reduced preference, to wit, the difference between the price truly paid by the Government and the price adjusted by the investment parameter. Seventy-five percent (75%) of the money collected from these fines shall be covered into the General Fund of the Commonwealth of Puerto Rico and the remaining twenty-five percent (25%) shall be used to defray the operating expenses of the Puerto Rican Industry Investment Board. Any available unused balance remaining in the operating expenses account of the Board at the closing of the fiscal year shall be transferred to the General Fund.
It is herein provided that when it is the agency, instrumentality or government entity itself that violates the provisions of this chapter, it may be subject to the administrative fine that in those purchases or bids whose amount is up to one hundred thousand dollars ($100,000) shall be of not more than one thousand dollars ($1,000) or ten percent (10%) of the total amount of the purchase in question, whichever is greater; or in those purchase bids not over two hundred fifty thousand dollars ($250,000), the fine shall be of not more than five thousand dollars ($5,000) or eight percent (8%) of the total amount of the purchase, whichever is greater; in those purchases or bids whose amount is not greater than five hundred thousand dollars ($500,000), the fine shall not be greater than twenty-five [sic] dollars ($25,000) or six percent (6%) of the total amount of the purchase, whichever is greater; and those purchases or bids whose amount surpasses five hundred thousand dollars ($500,000), the fine to be imposed shall not exceed thirty thousand dollars ($30,000) or five percent (5%) of the total amount of the purchase, whichever is greater.
History —Jan. 8, 2004, No. 14, § 11; Sept. 16, 2004, No. 371, § 4; Dec. 12, 2007, No. 184, § 8, eff. 3 months after Dec. 12, 2007.