P.R. Laws tit. 23, § 3060

2019-02-20 00:00:00+00
§ 3060. Construction and purchase contracts

All purchases and contracts for supplies or services shall be made through advertisement for bids sufficiently in advance of the date for opening bids so that the Authority may secure appropriate notice and opportunity for competition. When the amount estimated for the acquisition or execution of a work does not exceed ten thousand dollars ($10,000), the same may be carried out without an advertisement for bids. Advertisement for bids shall not be required, however, when:

(1) An emergency requires immediate delivery of the materials, supplies, equipment, or performance of the services;

(2) repair parts, accessories, or supplementary equipment or services for goods or services previously furnished or contracted for are needed;

(3) professional or expert services or work are required and the Authority deems that, for the sake of good administration, such services or work should be contracted without such advertisement, or

(4) prices are noncompetitive because there is only one source of supply or because they are regulated by law; in any such case the purchase of materials, supplies, and equipment, or procurement of such services, may be made in the open market in the usual manner as in commercial practice.

In the comparison of bids and the making of awards, due consideration shall be given to such factors (in addition to whether the bidder has complied with the specifications) as the bidder’s ability to perform contruction work of the kind involved in the contract under consideration; the relative quality and adaptability of materials, supplies, equipment, or services; the bidder’s financial responsibility, skill, experience, reputation and integrity in dealing, and ability to furnish repair and maintenance services; time of delivery or performance offered, and whether or not the place of manufacture of the materials, supplies and equipment is within Puerto Rico. The Authority may prescribe rules and regulations for the submission of bids.

History —June 10, 1974, No. 62, Part 1, p. 239, § 10, renumbered as § 9 and amended on Sept. 27, 1994, No. 112 §§ 7, 11.