P.R. Laws tit. 28, § 91o
All purchases and contracts for supplies or services, except personal services, made by the Corporation, including construction contracts for works thereof, shall be made by calls for bids sufficiently in advance of the date of opening the proposals, for the Corporation to guarantee adequate notice and opportunity to present bids; Provided, That when the estimated amount for the purchase or work does not exceed thirty thousand dollars ($30,000), the same may be carried out without the call for bids. No calls for bids shall be necessary, however, when:
(1) An emergency requires the immediate delivery of materials, supplies, equipment, or rendering of services.
(2) Spare parts, accessories, supplemental equipment or services are required for supplies or services previously furnished or contracted for.
(3) Professional or expert services or work are required and the Corporation deems it in the best interest of sound administration that such services or work be contracted for without such calls.
(4) The prices are not subject to competition because there is only one source of supply or because they are regulated by law; in such cases the purchase of materials, supplies and equipment or the obtainment of such services, may be made in the open market in the customary manner in commercial practice. In comparing bids and making awards, due consideration shall be given to factors (in addition to whether the bidder has complied with the specifications) such as the ability of the bidder to perform construction work of the kind involved in the contract under consideration; the relative quality and adaptability of the materials, supplies, equipment or services; the bidder’s economic responsibility, his skill, experience, reputation of commercial integrity and ability to render repair and maintenance services; the time of delivery or performance offered and whether the place of manufacture of the materials, supplies and equipment is located in Puerto Rico. There shall also be exempted from the requirements of this section, all contracts for personal services and those contracts concerning materials, equipment, supplies or services executed with any subsidiary company of the Corporation and any modifications of said contracts. The Corporation may decree regulations for the presentation of bids.
A written statement shall be made in each case of the reasons why, within the scope of this chapter, no bids were called. Said statement shall set forth accurately the circumstances that in each case the exercise of the power not to call bids requires. The Board of Directors shall ratify these decisions.
History —July 2, 1975, No. 145, p. 433, § 16.