P.R. Laws tit. 2, § 97

2019-02-20 00:00:00+00
§ 97. Copies of contracts, briefs and documents

(a) Government and municipal entities of the Commonwealth of Puerto Rico, with no exception whatsoever, shall keep a registry of all contracts executed, including amendments thereto, and shall remit a copy thereof to the Office of the Comptroller within fifteen (15) days following the date of the execution or amendment of the contract. This period shall be extended to thirty (30) days when the contract is executed outside of Puerto Rico. When deeds for the acquisition or disposal of real property are executed, a copy of every writ and document connected to the negotiation shall also be sent to the Comptroller. The period of fifteen (15) or thirty (30) days, as applicable, shall be extended for fifteen (15) additional days, provided just cause is shown and it is so determined by the Office of the Comptroller. It shall be understood that a contract or amendment to a contract is executed outside of Puerto Rico when it is executed by all the appearing parties outside of Puerto Rico, or the last of these to sign the contract does so outside of Puerto Rico.

In the case whereby the Comptroller notifies any objection to the contract filed, the government entity shall have a term of thirty (30) days to correct the matter.

(b) The term “government entity” shall include every department, agency, instrumentality, office and all other bodies of the Commonwealth of Puerto Rico, including every public corporation, its subsidiaries or any government entity with its own juridical personality, heretofore or hereafter created by law, with no exception whatsoever. The term “municipal entity” refers to the municipalities of the Commonwealth of Puerto Rico, including the special municipal corporations and the consortiums.

(c) It shall not be necessary to submit to the Comptroller a copy of the following contracts:

(1) Of personal services of a sporadic nature for a non-extendible term of less than six (6) months, and at a cost of less than two thousand dollars ($2,000).

(2) Of personal services of a professional nature for a non-extendible term of one (1) year or less, and whose services do not constitute a position or employment and its cost does not exceed five thousand dollars ($5,000).

(3) For works at a cost not to exceed two thousand dollars ($2,000).

(4) Those executed through public auctions, excepting those that are connected to construction projects or works.

(5) Of professional services with physicians and health professionals executed with government entities whose main objective is to provide medical services.

(6) Any other type of contract that the Comptroller may, by regulations to that effect, determine not to be sent to him/her.

(d) Noncompliance with the provisions of this section or with the equivalent provision related to contract registries included in § 4366 of Title 21, known as the “Commonwealth of Puerto Rico Autonomous Municipalities Act”, shall not in itself be cause for a competent court to declare any legally valid contract or juridical business null. However, no provision or consideration of services object of a contract may be demanded until the provisions of this section have been complied with.

(e) Every contract subject to registration pursuant to this section shall contain a clear and conspicuous notice that shall read as follows: “No provision or consideration of services object of this contract may be demanded until the same has been filed for registration with the Office of the Comptroller pursuant to the provisions of Act No. 18 of October 30, 1975, as amended [§§ 97 and 98 of this title]”.

History —Oct. 30, 1975, No. 18, p. 817, § 1; Nov. 29, 1990, No. 17, p. 1469; May 31, 2004, No. 127, § 1.