2023 Laws of Puerto Rico › TITLE NINE - Highways and Traffic (§§ 1-8 — 5725) › Chapter 15 - Highway and Transportation Authority (§§ 2001 — 2035) › § 2011 - Construction, operation and purchase contracts

All work or service contracts, except for personal services, and all purchases made by the Authority, including the awarding of contracts for the construction and/or operation of traffic or transportation facilities, shall be made through bidding after a call for bids has been posted sufficiently in advance of opening the bids to secure appropriate notice and opportunity for competition. Provided, That when the estimated sum for the purchase, work or contract does not exceed twenty-five thousand dollars ($25,000), the same may be carried out without bidding. In addition, bidding shall not be required when:
(1) The immediate delivery of supplies, goods and equipment, rendering of services, or performance of worrks is required due to an emergency;
(2) spare parts, accessories, equipment or supplementary services for previously delivered or contracted goods or services are needed;
(3) professional or expert work or services are required and the Authority deems that, in the interest of good management, such services and works should be contracted without mediation of such announcements, or
(4) prices are not competitive because there is a single supply source or because prices are regulated by law; in such cases, the purchase of supplies, material and equipment, or the procurement of such services, may be made in open market in the current business practice.
When considering bids and making awards, the Authority shall give due consideration to such factors, besides the price, that in its judgement will allow the most beneficial selection for the Authority, such as: whether the bidder has met the specifications, rules and regulations approved by the Authority; the ability of the bidder to perform the construction or development of the nature involved in the contract under consideration; the relative quality and adaptability of the supplies, material, equipment or service; the financial accountability and capability of the bidder and his/her expertise, commercial reputation and ability to furnish repair, maintenance or development services; the time of delivery or performance offered; and the capacity to operate, manage, or exploit transportation systems or the matter at hand in the bid, in the cases pertinent. The Authority may decree regulations for the submission and award of bids. The Authority shall be exempted from complying with the requirement of public bidding for the adjudication of contracts awarded for the development of properties in an influence zone or a special development district when it deems it is necessary and convenient to meet the specific purposes of this chapter and when so authorized by the Secretary in each specific case, through a resolution to that effect. Said resolution shall state the circumstances justifying that the Authority be exempted from the requirement of bidding. A copy of said resolution shall be filed with both the Secretary of the Senate and the Clerk of the House within five (5) work days following the approval of said resolution by the Secretary.
History —June 23, 1965, No. 74, p. 158, § 11; Mar. 6, 1991, No. 1, p. 1, § 6; Aug. 25, 2000, No. 207, § 5.