P.R. Laws tit. 25, § 3051i
(a) The Authority, through administrative concession contracts, lease contracts or other types of contract, may execute contracts with one or various persons to carry out the various or combination thereof for the planning, design, redevelopment, construction, financing, operation and maintenance of the land and facilities of the Naval Station subject to the conditions and following the procedures set forth in this section. Private funds may be used to cover the cost of any and all such phases.
(b) The Authority is hereby given the power to grant administrative concessions for the design, redevelopment, construction, financing, operation and maintenance of the land and facilities to the person or persons selected by the Authority under the provisions of this section, this concession being subject to the approval of the Governor or of the executive officer delegated by the latter under the terms and conditions that meet the requirements of this chapter.
(c) To carry out the planning, design, redevelopment, construction, financing, operation and maintenance of the land and facilities of the Naval Station, the Authority may employ any type of contract which separates or combines the planning, design, redevelopment, construction, financing, operation and maintenance phases. Said contracts shall be adjudicated through applications for proposals and a negotiation process as established in this section and the procedures described in § 3051j of this title shall not apply. The provisions herein set forth notwithstanding, the Authority may assume the rights and obligation that may be incurred by the Department of Economic Development and Commerce or any other agency or subdivisions of the Government of the Commonwealth of Puerto Rico for the purpose of redeveloping the land and facilities of the Naval Station.
(d) The Authority may negotiate and execute with the person or persons granted any contract for the planning, design, redevelopment, construction, financing, operation and maintenance of the land and facilities of the Naval Station, finance contracts or any type of necessary or convenient contract or instrument for the purpose of issuing bonds of the Authority to finance the redevelopment of the land and facilities of the Naval Station.
(e) The processes for qualifying and selecting the proponents and for the negotiation of the contract with the entity or entities selected shall be conducted pursuant to the processes and norms established by the Board which shall be consistent with the following principles:
(1) The Board shall establish through regulations the procedures and guidelines that shall govern the process for selecting the proponents and for the negotiation of the contract, including the process for submitting the applications for proposals so as to expedite the process for the selection and evaluation of proponents, for obtaining proposals from proponents qualified to carry out the project, for promoting competition among the proponents, should there be more than one and after considering all relevant factors as established by the Board, for maximizing the benefits for Puerto Rico.
(2) During the proponent selection and evaluation processes, the confidentiality of the information furnished by the proponents and the information related to the process for selecting, evaluating and adjudicating the proposals, shall be governed by criteria pertaining to the confidentiality which is strictly necessary as established by the Board. The information submitted by the proponents shall be public and be published [on] the Internet once the Board of Directors has adjudicated the contract, with the exception of the information which constitutes:
(A) Business secrets;
(B) proprietary information, and
(C) privileged or confidential information.
(3) The regulations adopted by the Board for conducting the process for the selection of proponents and for the negotiations with the proponent(s) selected, shall include the criteria the Board shall apply when making its decisions as to the qualifications and selection of the proponents and the adjudication of the contracts. The selection criteria shall include, without it being construed as a limitation or without the order herein provided defining their importance, the following:
(A) The business and financial reputation of proponents and their economic, technical or professional capacity and the experience of the proponents in matters concerning the planning, design, redevelopment, construction, financing, operation and maintenance of the land and facilities of closed military installations;
(B) the quality of the proposal submitted by the proponent as to, among others, the aspects of the design, engineering and estimated time of construction;
(C) the capital the proponent is willing to invest and the time for recouping said capital;
(D) the financing plans of the proponent and economic capacity of the latter to achieve them;
(E) the fees the operator intends to charge, the internal rate of yield employed by the proponent and the flow if net income projected, and
(F) the terms of the contract with the Authority which the proponent is willing to accept.
All proponents shall certify that neither they nor their officers or agents have been the object of formal accusations nor been convicted for acts of corruption in Puerto Rico or any foreign country.
(4) The Board shall approve the contract or contracts which it, in its discretion, has determined best meets the criteria established by the Board.
(f) Contracts with the contracted entity.—
(1) The contract with the contracted entity may include the planning, design, redevelopment, construction, financing, operation and maintenance of the land and facilities of the Naval Station or, at the discretion of the Board, some of these phases may be part of another separate contract executed with the same person or with a different person. The Executive Director of the Authority shall be responsible for negotiating the terms and conditions of the contracts referred to in this section. Said contracts shall have to be approved by the Board and shall be subject to the norms established in this section.
(2) The Board shall have the authority to allow the contracted entity to assign, sublease, grant a sub-concession or encumber its interests under the contract with the Authority. The Authority may determine and establish in the contract with the contracted entity the conditions under which the latter may assign, sublease, grant a sub-concession or encumber said interests.
(3) The contracted entity shall post a bond guaranteeing to the Authority faithful compliance with all the obligations of the contract whose amount shall be determined by the Board taking as criteria the investment estimated for the project or for the work or stage in question.
(g) The Authority is hereby exempted from the procedures and the actions authorized in this section [sic] of the provisions of §§ 2101 et seq. of Title 3, known as the “Commonwealth of Puerto Rico Uniform Administrative Procedures Act”, except for the provisions about judicial review, §§ 2171—2177 of Title 3.
History —Sept. 29, 2004, No. 508, § 11.