P.R. Laws tit. 23, § 3210

2019-02-20 00:00:00+00
§ 3210. Construction, operations and purchase contracts

(a) Every work or service contract, except personal services or contracts and every purchase made by the Authority, including contracts for the construction and maintenance of maritime transit facilities, shall be executed through bidding or proposals for bids, notice of which shall be made sufficiently in advance of the date established for the opening of the bidding papers or the receipt of the proposal so that the Authority can provide sufficient information and the opportunity to bid. The Authority shall adopt the regulations that shall govern the bidding processes and the request for bids.

(b) When the estimated sum for the acquisition or work does not exceed twenty-five thousand dollars ($25,000), it may be executed without the need to hold the bidding process or request for bids. Furthermore, it shall not be necessary to hold a public bidding or request for bids in the following cases:

(1) When due to an emergency, the immediate delivery of materials, goods and equipment, or the rendering of services is required.

(2) When replacement parts, accessories, supplementary equipment or services are needed for supplies or articles previously furnished or contracted, or when they are not available on the Puerto Rican market.

(3) When the prices are not subject to competition, because there is only one source of supply or because they are regulated by law.

(c) When comparing proposals and awarding adjudications, in addition to the price, due consideration shall be given to factors such as:

(1) Whether the bidder has met the specifications of the bid.

(2) The ability of the bidder to perform the works or the services of the nature involved, in the contract under consideration.

(3) The relative quality and adaptability of the materials, supplies, equipment or services.

(4) The financial responsibility of the bidder and his/her ability, experience, business reputation and ability to render the required services.

(5) The term of delivery or of the execution thereof.

(6) The experience and proven ability to construct, operate or give maintenance to maritime transportation systems, if applicable.

(d) The Authority shall promulgate the regulations needed to implement these considerations.

History —Jan. 1, 2000, No. 1, § 11.