2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 9 - Aqueduct and Sewer Authority (§§ 141 — 169) › § 151 - Construction and purchase contracts

Every contract for or procurement of goods or services, except for personal services made by the Authority, including contracts for the construction of its works shall be made through a bidding process. Provided, That if the estimated cost of the purchase or performance of the work does not exceed one hundred thousand dollars ($100,000), by region, such expenditure may be made without holding a bidding process. However, competitive bidding shall not be required when:
(1) An emergency requires the immediate delivery of materials, supplies or equipment, or the rendering of services; or
(2) repair parts, accessories, or supplemental equipment or services are required for supplies or services previously furnished or contracted for; or replacements or additions to standard equipment belonging to the Authority; or
(3) professional or expert services or work are required, and the Authority deems it in the best interests of administration that contracts therefor be made without such notice; or
(4) prices are noncompetitive because there is only one source of supply, or they are regulated by law; or
(5) the expenses are related to the Capital Improvement Program or the operation and maintenance of treatment plants that do not exceed four hundred thousand dollars ($400,000) in the case of acquisitions, or that do not exceed one million dollars ($1,000,000) in the case of the performance of works, in which cases the Authority shall request written quotes from at least three (3) supplying sources, previously qualified pursuant to §§ 931 et seq. of Title 3, if any, or
(6) when the Authority has conducted two (2) bids identical in specifications, terms and conditions within a period not greater than six (6) months and have been declared deserted for lack of participation.
In such cases, the purchase of such materials, supplies or equipment, or the procurement of such services, may be made in the open market in the usual and regular form it is made in business. The Authority shall reserve the right to award to a bidder at a public bid on the basis of other considerations other than the price.
The Authority shall be exempted from complying with the public bid requirement for the award of construction contracts, purchases, or other contracts when due to an emergency situation it is deemed necessary and convenient in order to protect the lives or the health of the residents of Puerto Rico, or to prevent noncompliance with environmental regulations that could lead to the imposition of fines, as well as to comply with the public purposes of this §§ 141—161 of this title, and is so authorized by the Board in each particular case through a resolution to that effect. Said resolution shall state the circumstances that justify that the Authority be exempted from the bidding requirement. A copy of said resolution shall be presented at the office of the Secretary of the Senate and the Clerk of the House of Representatives of the Legislature within the five (5) working days following the approval of said resolution by the Board.
This section shall not apply to those purchases and contracts for supplies or services for the operation, maintenance, improvements and repairs of the Commonwealth Aqueducts System, the Commonwealth Sewers System or any other property of the Authority, performed by one or several private operators contracted by the Authority.
History —May 1, 1945, No. 40, p. 138, § 12, renumbered as § 11 and amended on May 3, 1949, No. 163, § 1; June 18, 1980, No. 148, p. 660, § 1; Dec. 28, 1998, No. 328, § 3; June 30, 2002, No. 95, § 6; Mar. 31, 2004, No. 92, § 4; Dec. 21, 2006, No. 275, § 3; July 12, 2016, No. 68, § 2.16.