2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART II - Economic Development (§§ 231-241 — 695i) › Chapter 25 - Puerto Rico Ports Authority (§§ 331 — 355-357) › § 341 - Construction and purchase contracts

All purchases and contracts for supplies or services, except personal services, made by the Authority, including contracts for the construction of its works, shall be made after an advertisement for bids is issued sufficiently in advance of the opening of bids, so that the Authority may secure proper notice and opportunity for competition; Provided, That when the sum estimated for the purchase does not exceed ten thousand dollars ($10,000), and when the value of the construction work does not exceed twenty-five thousand dollars ($25,000), the aforesaid may be carried out without advertisement for bids. For purchases whose value fluctuates between one thousand [dollars] ($1,000) and ten thousand dollars ($10,000) and when the value of the construction work does not exceed twenty-five thousand dollars ($25,000), the Authority shall solicit quotations from at least three (3) supply sources. On the other hand, neither advertisements for bids nor requests for quotations shall be required:
(1) When immediate delivery of the materials, supplies and equipment, or performance of services or construction works are required, due to an emergency, as said term is defined in §§ 331—352 of this title;
(2) when spare parts, accessories or supplementary equipment or services are required for supplies or services previously furnished or contracted;
(3) when professional or expert services or work [is] required and the Authority deems that in the best interests of a good administration said services or works be contracted without said advertisements; or
(4) when prices are non-competitive because there is only one source of supply or because they are regulated by law, or
(5) when the Authority has called for two bids with identical specifications, terms and conditions within a six (6) month period from the opening date of the first, provided that no one participated in said bidding. In such cases, the purchase of materials, supplies, equipment or the procurement of such services may be made in the open market following the usual commercial practices. When comparing bids and granting awards, due consideration shall be given to such factors (in addition to whether the bidder has complied with the specifications) as the lowest price; the capacity of the bidder to perform construction work of the kind involved in the contract under consideration; the relative quality and adaptability of the materials, supplies and equipment used or the services provided; the financial responsibility of the bidder and skills, experience, and reputation for his/her integrity in doing business, and the capacity for providing repair and maintenance services; as well as the time of delivery and performance offered. The Authority may prescribe regulations for submitting bids.
History —May 7, 1942, No. 125, p. 710, § 11; June 18, 1971, No. 31, p. 108; June 4, 1982, No. 46, p. 94; Aug. 9, 1990, No. 33, p. 129, § 2; July 26, 1991, No. 28, § 2.