P.R. Laws tit. 12, § 1311

2019-02-20 00:00:00+00
§ 1311. Construction and purchase contracts; bidding procedures

Every construction or service contract, excepting professional service contracts, and every purchase of the Authority, including contracts for the construction of solid waste facilities, must be made by announcements for competitive bids published within a reasonable period of time, prior to the date for opening the bidding forms, in order to insure adequate public notice and attendance; Provided, That when the sum estimated for property acquisition or construction does not exceed twenty-five thousand dollars ($25,000) bidding procedures may be set aside. Bidding notice may be otherwise dispensed with when:

(1) The immediate delivery of materials, appurtenances, and equipment, or the rendering of services is required due to an emergency;

(2) whenever spare parts, appurtenances, fixtures, equipment or additional services for effects or services previously supplied or contracted for are required;

(3) when the work or services of professionals or experts are required and the Authority deems that, in the interest of good administration, such services or work may be contracted without the publication of such notice;

(4) whenever prices are not competitive because of a single source of supply or because they are regulated by law; in such cases, the purchase of materials, appurtenances, and equipment or the procuring of such services may be effected in an open market according to current business practice. When comparing bids and effecting adjudications, due consideration shall be given to factors (besides the proponent’s compliance with the established specifications) such as the bidder’s ability to provide repair and maintenance services, and the time of delivery or performance he has stipulated. The Authority may promulgate regulations for the submission of bids;

(5) when purchasing from any Department or instrumentality of the Government of Puerto Rico, the United States, or any foreign country, and

((6) when a minimum price has been stipulated by Government Authority.

History —June 23, 1978, No. 70, p. 222, § 12, renumbered as § 13 on Aug. 22, 1990, No. 59, p. 235, § 3; Aug. 23, 1990, No. 60, p. 239, § 7.