reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 92 - Government Services User Information and Education (§§ 8571 — 8573) › § 8573 - Education and information program

An education and information program is hereby created, to the effect that the agencies and entities included under § 8572 of this title conduct education and information programs concerning their improvement projects that affect the rendering of basic services to the citizens.
Each agency shall employ the public broadcasting media, according to their resources and capabilities, to inform citizens and clients of the various improvement and/or new infrastructure development projects that could affect the stability of the services and affect the citizens, and they shall be subject to the provisions of §§ 3001 et seq. of Title 16, known as the “Puerto Rico Electoral Act”.
In employing fiscal resources to defray the cost for diffusing the information, all agencies concerned shall circumscribe to what constitutes a public purpose, as defined in the applicable statutory and jurisprudence standards.
This information and education program shall specify the nature of the project to be undertaken, specify zones in terms of municipality, urbanization, barrio and street, as well as the radius of impact or potential impact of these improvements, and the time the works to be performed will take. This citizen guidance and education program shall begin, if possible, thirty (30) days in advance, but fifteen (15) days in advance at the very least, of the performance of the improvements. In the case of exceptional situations in which it has not been possible to program the works to be performed with enough time so as to comply with the notice terms stated above, the government entity or corporation shall offer public guidance to those persons that will be affected by the works to be performed through the communications media with at least forty-eight (48) [hours] in advance of undertaking the improvements. During the implementation of the improvements or project, the agency or entity shall maintain a direct assistance system for citizens and shall monitor the effects of the improvements being made on citizens.
History —July 2, 2002, No. 98, § 4.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 93 - Public Service Quality Monitoring Program (§§ 8581 — 8585) › § 8581 - Establishment

The Executive Branch of the Commonwealth of Puerto Rico shall strengthen the manner in which direct services shall be rendered to the citizenry by establishing a “Public Service Quality Monitoring Program”. Through said Program, the public agencies, instrumentalities and corporations shall implement and develop the strategies and procedures set forth in the present chapter, so that they may be able to monitor in a more effective manner the quality of the service offered and translate it into an information base that is useful for refining the quality of the service provided to the public.
History —Apr. 2, 2008, No. 33, § 1, eff. 6 months after Apr. 2, 2008.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 93 - Public Service Quality Monitoring Program (§§ 8581 — 8585) › § 8582 - Duties and functions

In discharging the responsibilities established in this chapter, the Executive Branch components shall have the following duties and functions:
(a) Place devices or mailboxes to allow the citizens served to place in the same their comments, opinions, and observations on the quality and adequacy of the service provided by the officers or employees of each public entity. Said evaluation may include the analysis of the information gathered through forms, webpages, and telephone exchange systems for monitoring quality as an element to be considered in evaluating the performance of said employees. This shall not limit the components of the Executive Branch from providing any other effective mechanism in order for clients to submit their comments.
(b) Provide and make available to the public assisted, special forms that allow them to state their comments and observations referred to in subsection (a) of this section.
(c) Train their Human Resources or Personnel Directors to establish a mechanism to periodical monitor and evaluate the quality of the service rendered, designating personnel specially assigned to perform such function and taking into account the comments and observations received from citizens.
(d) Provide a space in webpages and telephone exchange systems of the entity for the public assisted to make their comments, observations and recommendations on the quality of the service offered.
(e) Keep records of the evaluations made and the data obtained by virtue of this chapter.
(f) Use the product or results of the implementation of the present chapter in the periodical evaluations made of the personnel working for the entity. The provisions of this chapter shall apply to individual administrators, as provided in §§ 1461—1468p of this title.
(g) Take any other steps, measures or initiatives in connection with the purposes of this chapter.
History —Apr. 2, 2008, No. 33, § 2, eff. 6 months after Apr. 2, 2008.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 93 - Public Service Quality Monitoring Program (§§ 8581 — 8585) › § 8583 - Compliance

It shall be the duty of every public agency, instrumentality, or public corporation to ensure compliance with the duties and functions set forth by this chapter, once the “Public Service Quality Monitoring Program” is implemented, as contemplated in this chapter. The Office of Management and Budget may enter into agreements with other agencies, instrumentalities, or public corporations to carry out initiatives concerning public service monitoring and improvement and the government endeavor, pursuant to the purposes of this chapter. The Office of Management and Budget may create a Special Fund for such purposes as agreed upon by written agreement between the Office of Management and Budget and other agencies, instrumentalities, or public corporations.
History —Apr. 2, 2008, No. 33, § 3; Dec. 1, 2010, No. 179, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 93 - Public Service Quality Monitoring Program (§§ 8581 — 8585) › § 8584 - Evaluations and recommendations

The Office of Management and Budget shall likewise periodically evaluate the Public Service Quality Monitoring Program, in order to determine the effectiveness, efficiency and quality of the measures adopted by virtue of the Program. Furthermore, it shall make recommendations to the Governor and the Legislature on the necessary changes to strengthen, improve and make more efficient the service rendered to citizens. The Office of Management and Budget shall remit preliminary reports to the heads of agencies or other entities, with the findings and recommendations resulting from the evaluations of their monitoring programs, who shall take the necessary steps to assure quality, effectiveness and efficiency of services. The Office of Management and Budget shall render an annual report, not later than January 30 of each year to the Governor and the Clerk of the House of Representatives and the Secretary of the Senate of Puerto Rico which shall state the results of the Program created by this chapter, and the measures and initiatives adopted by the agencies by virtue of such results, and the recommendations and measures by the Office of Management and Budget to strengthen the quality of the public service and make more effective the government services quality monitoring mechanisms.
History —Apr. 2, 2008, No. 33, § 4, eff. 6 months after Apr. 2, 2008.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 93 - Public Service Quality Monitoring Program (§§ 8581 — 8585) › § 8585 - Necessary procedures and measures

Public agencies, instrumentalities and corporations are hereby authorized and directed to adopt the necessary procedures and measures to comply with the provisions of this chapter.
History —Apr. 2, 2008, No. 33, § 5, eff. 6 months after Apr. 2, 2008.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 93A - Our Customer: You Program (§§ 8591 — 8596) › § 8591 - Operation of the Program

Every public agency or instrumentality shall have evaluation forms available in those offices that provide services to customers, so that they may evaluate the quality of the services received and make suggestions as to changes that may be implemented to improve said services.
Said evaluation forms shall be placed in a drop-box duly identified with the name of the program and the word “suggestions”. Such drop-box shall be placed in a conspicuous place, so that it may be seen by all the persons who visit such public facilities to obtain services.
It is hereby provided that the recommendations made by the customers shall be evaluated by authorized representatives of the Head, Secretary, or Executive Director. They shall be in charge of evaluating suggestions, documenting the results, and referring them to each division or office director, so that the necessary changes may be implemented to improve the quality of the services offered.
History —Dec. 17, 2010, No. 204, § 3.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 93A - Our Customer: You Program (§§ 8591 — 8596) › § 8592 - Statistical study

(a) The Heads, Secretaries, and Executive Directors of agencies and public corporations are hereby directed to carry out a statistical study, within thirty (30) days after the approval of this act, that shows the number of customers that must be served by each public employee or the least amount of work that may be performed by each employee, as the case may be.
(b) It is hereby provided that the Heads, Secretaries, and Executive Directors of agencies and public corporations shall establish the minimum parameters required to each position based on the results of the statistical study referred to in subsection (a) of this section.
History —Dec. 17, 2010, No. 204, §§ 4, 5.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 93A - Our Customer: You Program (§§ 8591 — 8596) › § 8593 - Acknowledgment of productivity

The Heads, Secretaries, and Executive Directors of agencies and public corporations may recognize those employees who increase their work productivity and efficiency by means of compensation, vacation leave, or certificate of acknowledgment. To such effect, each Head, Secretary, and Executive Director of agencies and public corporations shall adopt the necessary regulations to attain the purposes of this chapter.
History —Dec. 17, 2010, No. 204, § 6.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 93A - Our Customer: You Program (§§ 8591 — 8596) › § 8594 - Attachment

The Program established herein shall be attached to the Office of the Ombudsman, which is authorized to adopt the necessary regulations to attain the purposes of this chapter.
History —Dec. 17, 2010, No. 204, § 7.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 93A - Our Customer: You Program (§§ 8591 — 8596) › § 8595 - Professional services

The Heads, Secretaries, and Executive Directors of agencies and public corporations are hereby authorized to contract professional services as necessary to evaluate the services offered.
History —Dec. 17, 2010, No. 204, § 8.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 93A - Our Customer: You Program (§§ 8591 — 8596) › § 8596 - Campaign

The Heads, Secretaries, and Executive Directors of agencies and public corporations are hereby directed to carry out a massive campaign to inform the people about the purposes of this Program.
History —Dec. 17, 2010, No. 204, § 9.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 94 - External Audits; Standards (§§ 8601 — 8608) › § 8601 - Government entity, definition

For the purposes of this chapter, the phrase “any government entity” includes all bodies of the Executive, Legislative and Judicial Branches empowered to contract, including but not limited to departments, dependencies, municipalities, public corporations and their subsidiaries, affiliates or any government entities that have their own legal standing.
History —Sept. 10, 2003, No. 273, § 1, eff. 30 days after Sept. 10, 2003.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 94 - External Audits; Standards (§§ 8601 — 8608) › § 8602 - Contract—Requirements

Every contract for advisory services, non-audit services, or audit services conducted by external auditors executed by any government or private entity that receives public funds in excess of two hundred thousand dollars ($200,000) a year shall include provisions establishing that:
(a) The auditor shall not perform managerial or decision-making functions pertaining to the management of the entity.
(b) The auditors contracted as consultants or to perform non-audit services shall not provide audit services, management consulting functions, payroll processing, accounting or bookkeeping, valuation services and appraisals, actuarial services, activities deemed proper to the management or administrators of the entity, recruiting and human resources services, stockbroker services, and others of a similar nature.
(c) The employees of the auditing firm or the external auditor who shall render the consulting service, shall not participate in the planning of the audit, perform the audit or the review of related work.
(d) The contract shall not limit the scope and extent of the audit to a level inferior to that which would have been performed if another firm or external auditor would have rendered the consulting services.
(e) The peer review system of the external auditors office for matters related to its independence, shall include standards and procedures to consider the effects of the consulting services or non-audit services in present and future auditing services.
(f) The external auditor shall have the obligation to report and deliver to the auditor who performs the peer review audit of his or her office this contract for advisory services or non audit services or any other, and all the files corresponding to the audits made of the entity, if any.
(g) The audit report rendered by the external auditor shall contain a section that includes his/her opinions about whether or not the recommendations of the Office of the Comptroller of Puerto Rico have been implemented, and the corrective actions regarding findings stated in previous reports have been made.
History —Sept. 10, 2003, No. 273, § 2; Oct. 17, 2009, No. 124, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 94 - External Audits; Standards (§§ 8601 — 8608) › § 8603 - Responsibilities of management in employment of consultants

The contracts shall clearly establish the objectives, scope and final product of the advisory services or of the non audit services and the responsibility of each of the parties in specific aspects. Among other things, management shall be responsible for:
(1) Designating the management level in charge of supervising the advisory services or non audit services contracted;
(2) supervising the performance of the services to ensure compliance with management’s expectations;
(3) making the decisions regarding the services contracted and accepting responsibility for said determinations;
(4) assessing the adequacy of the services performed and the results obtained.
History —Sept. 10, 2003, No. 273, § 3, eff. 30 days after Sept. 10, 2003.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 94 - External Audits; Standards (§§ 8601 — 8608) › § 8604 - Findings and recommendations

The external auditors shall appear before the chief officer of the entity, its board of directors or its audit committee, if any, within sixty (60) days after submitting the final audit report to explain their findings and recommendations in detail.
History —Sept. 10, 2003, No. 273, § 4, eff. 30 days after Sept. 10, 2003.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 94 - External Audits; Standards (§§ 8601 — 8608) › § 8605 - Reports to the Office of the Comptroller

It shall be the obligation of the chief officer of the audited entity to remit a copy to the Office of the Comptroller within thirty (30) days of having received the management letters submitted by the external auditors during the audit and a copy of the final audit reports. He or she shall also remit the audited financial statements, compliance reports, if applicable, and those of internal control on compliance and the opinion on compliance, which shall be accompanied by a remittance slip duly completed and signed by the chief officer of the audited entity.
History —Sept. 10, 2003, No. 273, § 5, eff. 30 days after Sept. 10, 2003.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 94 - External Audits; Standards (§§ 8601 — 8608) › § 8606 - Keeping of work sheets

The external auditors shall keep, for a six (6)-year period or an audit by the Comptroller, whichever occurs first, the work sheets and other attesting documents that will enable the auditors of the Office of the Comptroller to examine them as part of the audits performed by them of the government or private entities that receive government funds.
History —Sept. 10, 2003, No. 273, § 6, eff. 30 days after Sept. 10, 2003.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 94 - External Audits; Standards (§§ 8601 — 8608) › § 8607 - When contracts shall be executed

In all cases in which a government entity is required by law, regulations, financing agreement or when deemed necessary, to contract external auditors to perform financial audits, the contract shall be executed ninety (90) days before the close of the fiscal year to be audited.
History —Sept. 10, 2003, No. 273, § 7, eff. 30 days after Sept. 10, 2003.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 94 - External Audits; Standards (§§ 8601 — 8608) › § 8608 - Guidelines

The Office of the Comptroller shall issue circular letters to establish the guidelines it deems proper in order for the government entities to comply with this chapter. This includes, without it being a limitation, the issue of model forms that shall be adopted for the procedure related to the notices to be made to the Office of the Comptroller, and require the corresponding certifications. It shall also include requiring the information through the use of diskettes or other electronic means that are considered appropriate according to the technological advances.
History —Sept. 10, 2003, No. 273, § 8, eff. 30 days after Sept. 10, 2003.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 95 - Contracting Professional or Consulting Services (§§ 8611 — 8616) › § 8611 - Definitions

For the purposes of this chapter, the following words shall have the meaning indicated below:
(a) Contract. — Professional or consulting services contract.
(b) Contractors. — Any natural or juridical person to whom a government entity has granted, or is about to grant, a professional services contract.
(c) Government entity. — The departments, agencies, public corporations, instrumentalities and municipalities of the Commonwealth of Puerto Rico. Expressly excluded are the Judiciary and the Legislative Branches.
(d) Professional or consulting services. — Are those whose primary purpose consists in providing intellectual, creative or artistic products or in the management of highly technical or specialized skills.
History —Aug. 31, 2004, No. 237, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 95 - Contracting Professional or Consulting Services (§§ 8611 — 8616) › § 8612 - Utilization of services

The contracts for professional or consulting services shall be especially perfected and used solely when the government entity lacks or is unable to use the internal resources to be contracted, or when the expertise, skills or experience of the contractor are needed to achieve the purposes for which the same is contracted. Any contracting procedure executed between a government entity and a contractor shall take into account the real need for the services to be contracted as well as the financial situation and the budget of the contracting government entity.
History —Aug. 31, 2004, No. 237, § 2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 95 - Contracting Professional or Consulting Services (§§ 8611 — 8616) › § 8614 - Fees

The fees that may be collected by the contractors shall be limited as follows:
(a) The fees to be paid to the contractor shall be based on the real market value of the services to be rendered. The contracting government entity shall fix the fees within reason.
(b) In all contracts executed between the government entity and the contractor, the real need for the contracted services, the financial condition and the budget of the government entity shall be considered.
History —Aug. 31, 2004, No. 237, § 4.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 95 - Contracting Professional or Consulting Services (§§ 8611 — 8616) › § 8616 - Purchase orders

Any purchase or service order made after the effective date of this act by any agency, department, public corporation or instrumentality of the Commonwealth (a) shall be prospective, (b) shall identify the budget items from which said purchase or service order shall be paid and (c) and[sic] the agency, department, public corporation, or instrumentality shall furnish to its supplier (contractor) prior to rendering such services, the purchase order generated by its accounting system so the expenses incurred under the purchase order are included in the budget. Any purchase or service order that fails to meet the requirements established herein shall be null and void.
History —Aug. 31, 2004, No. 237, added as § 6 on Dec. 8, 2015, No. 208, § 303.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 96 - Procurement Reserve Act (§§ 8641 — 8649) › § 8641 - Definitions

(a) The terms and words used in this chapter shall have the following meaning:
(1) Commonwealth Government or agency. — Means the Commonwealth of Puerto Rico, its departments, agencies, instrumentalities, dependencies and public corporations.
(2) Procurement. — [Means] the acquisition of goods and services through formal or informal bidding, the open market, contract or special procedure or through any other procurement mechanism authorized by law or regulations.
(3) Reserve. — Means the percentage of the government purchases assigned to small and medium-size businesses.
(4) Small and medium-sized businesses. — Means those businesses with twenty-five (25) employees or less whose gross sales do not exceed five million dollars ($5,000,000). The Commerce and Exports Company shall review the profile of the small and medium-size businesses according to the activity developed in the market.
(5) Register of small and medium-size businesses. — Means the list of small and medium-size businesses authorized by the Company to participate in the Procurement Reserves Program of the Commonwealth of Puerto Rico.
(6) Administration. — Means the General Services Administration, created by virtue of §§ 931 et seq. of this title.
(7) Certificate of eligibility. — Means the certificate issued by the Administration which credits compliance by a bidder with the requirements established through regulations by virtue of Act No. 85 of June 18, 2002.
(8) Company. — Means the Commerce and Exports Company (CCE, Spanish acronym), created by virtue [of] §§ 1227—1227r of Title 7.
(9) Regulations. — Means the regulations of the “Procurement Reserves Program of the Commonwealth of Puerto Rico” prepared by the General Services Administration and the Puerto Rico Commerce and Exports Company, pursuant to the Uniform Administrative Procedure Act, §§ 2101 et seq. of this title.
(10) ERB. — Means the Exclusive Register of Bidders (RUL, Spanish acronym) qualified and certified by the Administration to execute contracts with the Government once they have complied with the requirements established by Regulation 5 for Bids of the Administration and with the provisions of Act No. 85 of June 18, 2002.
History —Oct. 7, 2005, No. 129, § 3; July 13, 2007, No. 63, § 2, eff. 60 days after July 13, 2007.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 96 - Procurement Reserve Act (§§ 8641 — 8649) › § 8642 - Eligibility requirements for small and medium-size businesses

(a) In order to qualify as a small or medium-size business, the business must meet the following criteria:
(1) Have its main place of business in Puerto Rico, defined as such [sic], when fifty-one percent (51%) or more of its employees work in Puerto Rico or when fifty-one percent (51%) or more of its business activities are conducted in Puerto Rico.
(2) The enterprise or business must have twenty-five (25) [or fewer] full-time employees without including consultants under contracts unrelated to the goods and services for which the business wishes to be deemed eligible as a small business.
(3) The annual gross sales of the business cannot exceed five million dollars ($5,000,000).
(4) The eligibility of the business is formalized through a letter of approval issued by the Company to the effect that it complies with the established requirements.
(5) The regulations to be promulgated by virtue of this chapter shall provide for exceptional cases and for exemptions from some of these conditions.
History —Oct. 7, 2005, No. 129, § 4; July 13, 2007, No. 63, § 3, eff. 60 days after July 13, 2007.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 96 - Procurement Reserve Act (§§ 8641 — 8649) › § 8644 - Register

(a) Procedure. —
(1) Any business wishing to be registered as a small or a medium-size business shall apply to the Company, following the regulations which said agency shall provide for this purpose.
(2) As part of the application submitted to the Company, the business shall document its product or service, its place of operations, the number of employees, its gross sales and its responsibilities as established by law or regulations.
(3) Upon the approval of the application by the Company, the latter shall remit the letter of approval to the business and include the same in the register of authorized small and medium-size businesses. The Company shall advise the small and medium-size merchant that it is mandatory to register with the ERB of the Administration so as to able to participate in the procurement process, save for the exceptions provided through regulations.
(b) Time. —
(1) A business may at any time request to be classified as [a] small or medium-size business and be included in the Register of Small and Medium-size Businesses.
(2) In order for a contract to be adjudicated under the Reserve Program, the small or medium-size business must be eligible and certified by the ERB of the Administration.
(c) Reconsideration and impugnation processes. — The impugnation or request for reconsideration about the classification of a small or medium-size business shall be directly handled by the Company pursuant to the regulations.
History —Oct. 7, 2005, No. 129, § 6, renumbered as § 5 and amended on July 13, 2007, No. 63, § 5, eff. 60 days after July 13, 2007.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 96 - Procurement Reserve Act (§§ 8641 — 8649) › § 8646 - Reserves program

(1) A new item shall be created to which twenty percent (20%) of the procurement budget item of each agency shall be allocated. The requirements to comply with said twenty percent (20%) shall be established through regulations.
(2) Every agency shall set aside at least twenty percent (20%) of their total budget item for procurement to be awarded to micro, small-, and medium-sized businesses.
(3) The Administration shall be in charge of the implementation, administration and supervision of the Reserves Program.
(4) The agencies shall identify the articles, supplies or services that may be acquired from small and medium-size businesses through formal bidding, informal bidding, the open market or through a special procedure.
(5) The agencies shall employ the ERB to confirm that the businesses meet the requirements for participating in the Reserves Program and for conducting the procurement processes from small and medium-size businesses.
(6) Every agency shall maintain reports to document and inform of their achievements concerning the objectives of this Program. The agencies shall identity those purchases in which small and medium-size businesses may participate and shall establish a method for determining which shall be included in its Reserves Program.
(7) Once the agency has identified a purchase as being adequate for the Reserves Program, it shall limit the invitation to duly registered small and medium-size businesses and reject any offer from businesses that are not classified as small or medium-size.
(8) The departments, agencies, instrumentalities, entities, municipalities, and public corporations of the Commonwealth of Puerto Rico shall create a reserve consisting of setting aside three percent (3%) of the budget item for procurement of each entity in order to make payments to eligible micro, small-, and medium-sized businesses.
(9) The agencies, government entities, and municipalities subject to this chapter shall remit the payment or contract sum to eligible small-, and medium-sized businesses within thirty (30) calendar days.
History —Oct. 7, 2005, No. 129, § 8, renumbered as § 6 and amended on July 13, 2007, No. 63, § 7, eff. 60 days after July 13, 2007; June 11, 2014, No. 62, § 9.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 96 - Procurement Reserve Act (§§ 8641 — 8649) › § 8647 - Planning, reports, and review

(1) At least sixty (60) calendar days prior to each fiscal year every agency shall deliver to the Administration its plan for complying with the Reserves Program for that year.
(2) The Administration shall monitor and supervise the Program by evaluating monthly reports submitted by the agencies not later than the tenth (10th) day of each month by virtue of the regulations.
(3) Agencies shall report the budget item for procurement and the amount corresponding to the twenty percent (20%) set aside for the Reserves Program. Furthermore, the General Services Administration, together with the Trade and Export Company, shall certify compliance by every government agency with this section, and shall begin an information and effective oversight process for compliance therewith.
(4) The Administration shall prepare a quarterly report as well an annual report addressed to the Governor which shall include the number and the total value of the purchases made and the number of benefited businesses.
(5) Penalty for noncompliance with this chapter.-The Department of the Treasury shall withhold one percent (1%) of the general budget of any department, agency, instrumentality, entity, municipality, and public corporation of the Commonwealth of Puerto Rico in the event of noncompliance with the provisions of this chapter. Said noncompliance shall be certified by the Trade and Export Company. The sums collected shall be transferred to the Department of Economic Development and Export [sic] to be remitted to the Trade and Export Company. With this added budget, the Trade and Export Company shall hire additional human capital and acquire the tools needed to ascertain compliance with this chapter. Moreover, the Trade and Export Company shall use such resources for funding any grants, incentives, training workshops, and any other activities as are necessary to strengthen and oversee the economic development of micro, small-, and medium-sized local businesses.
History —Oct. 7, 2005, No. 129, § 9, renumbered as § 7 and amended on July 13, 2007, No. 63, § 8, eff. 60 days after July 13, 2007; June 11, 2014, No. 62, § 10.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 96 - Procurement Reserve Act (§§ 8641 — 8649) › § 8647a - Penalties for small and medium-size businesses

(1) When any business has been registered as a small or medium-size business on the basis of false information furnished by the business and the latter has participated in the procurement process, the Company, after giving notice and meeting the requirements of due process of law, shall:
(a) Fine the business for a maximum of up to ten percent (10%) of the total value of the purchase, and
(b) request that the Administration declare the business as ineligible for contracting with the Government for a minimum period of three (3) months and a maximum of twenty-four (24) months.
(2) Any small or medium-size business registered by the Company shall immediately notify the Company about any circumstance that affects its eligibility under this chapter or it shall be sanctioned by virtue of the aforementioned clauses (a) and (b) of subsection (1) of this section.
History —Oct. 7, 2005, No. 129, added as § 8 on July 13, 2007, No. 63, § 9, eff. 60 days after July 13, 2007.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 96 - Procurement Reserve Act (§§ 8641 — 8649) › § 8648 - Exceptions

In those circumstances whereby federal laws or regulations allow or require a procedure other than the one established in this statute, the contracting agency shall follow the federal procedures but shall be bound to issue a written statement describing the applicable federal laws and regulations.
The provisions of this chapter shall be made ineffective when the fiscal situation of the agency or the public interest require that other priorities be established. The head of the agency shall be duty bound to petition the Governor for a dispensation to make ineffective the provisions of § 8641 of this title. The regulations under this chapter shall provide the means for processing said dispensation.
History —Oct. 7, 2005, No. 129, § 10, renumbered as § 9 and amended on July 13, 2007, No. 63, § 10, eff. 60 days after July 13, 2007.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 96 - Procurement Reserve Act (§§ 8641 — 8649) › § 8649 - Regulations

The Commerce and Exports Company and the General Services Administration shall have sixty (60) days to prepare the regulations needed for the implementation of this chapter.
History —Oct. 7, 2005, No. 129, added as § 10 on July 13, 2007, No. 63, § 11, eff. 60 days after July 13, 2007.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 97 - Procurement Process; Multiple Contracts (§§ 8661 — 8666) › § 8661 - Public policy

It shall be the public policy of the Commonwealth of Puerto Rico that its agencies, instrumentalities, public corporations and other institutional bodies shall promote that their goods and services procurement processes be within the framework of procurement conditions and mechanisms that allow the local industry to offer their goods and services under flexible, fair and highly participatory circumstances.
By virtue thereof, it is hereby declared as the public policy of the Commonwealth within the regulatory framework of the procurement processes of all its entities, to consider and include the multiple award contract mechanism as one of the additional procurement instruments to be utilized, thus allowing its adoption and use when the circumstances of the adjudication and the best interests of the adjudicating entity recommend its use and implementation.
History —Nov. 30, 2006, No. 253, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 97 - Procurement Process; Multiple Contracts (§§ 8661 — 8666) › § 8662 - Obligation of the agencies, public corporations and other government instrumentalities

It is herein provided that the agencies, instrumentalities, public corporations and other entities of the Commonwealth of Puerto Rico shall have the following duties and responsibilities:
(a) To adopt the multiple award contract as one of the options and procurement contracts that shall be available and may be used for the acquisition of goods and services.
(b) To temper their procurement regulations and other regulatory provisions with the mandate consigned in this chapter.
(c) To avail themselves of the orientation, advice and technical support of the General Services Administration, the Industrial Development Company, or the Office of Management and Budget to ensure the most adequate adoption of this mechanism in their procurement processes, and the most sensible implementation and use of this procurement modality.
(d) To train and instruct their procurement officers in the management, use and adoption of this procurement mechanism.
(e) To apply and make use of the multiple award procurement mechanism solely when the circumstances of the acquisition or the product or service to be acquired justify its use with respect to the best administrative, fiscal and operational interests of the adjudicating entity, and protecting the legal and jurisprudential norms that govern the goods and services procurement processes of the government, by means of strict free competition, transparency, integrity and participation fairness criteria.
(f) To take the necessary administrative measures so that the adoption of multiple award contracts do not impair the flow, agility and effectiveness of the procurement processes, ensuring that the bidders, procurement officers and participants in the procurement process have knowledge of and understand this procurement mechanism.
(g) To establish in a clearly transparent manner any regulations to be established in accordance with this chapter and attuned with the best practices of sound government administration, among other requirements, that multiple award contracts shall apply solely and exclusively under the following circumstances:
(1) When the demand is of such magnitude that it cannot be handled by a single contractor;
(2) when the variety of types and models of the required item does not allow for the selection of a single model type for general use, and
(3) when variety is allowed for within the budget capacity of the agency.
(h) To adopt all measures necessary or convenient to ensure the most faithful and correct implementation of the mandate contained within this chapter.
History —Nov. 30, 2006, No. 253, § 2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 97 - Procurement Process; Multiple Contracts (§§ 8661 — 8666) › § 8663 - General Services Administration—Duties

For purposes of use and implementation, it shall be the duty of the General Services Administration to:
(a) Adopt, with the assistance and advice of the Industrial Development Company, the model contracts that shall be the reference and operational guidelines for the public entities in the use and implementation of this procurement mechanism.
(b) Adopt, with the assistance and advice of the Industrial Development Company, the Office of Management and Budget, and any other public entities, the guidelines and parameters for the use of this mechanism so that its implementation protects the public resources used and the best interests of the Commonwealth, and which may be upheld in legal, ethical and administrative terms.
(c) Adopt or modify the necessary regulations for faithful compliance with the duties imposed by this chapter.
(d) Take all measures necessary or convenient to comply with the aforementioned duties and to enforce the remaining provisions of this chapter.
History —Nov. 30, 2006, No. 253, § 3.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 97 - Procurement Process; Multiple Contracts (§§ 8661 — 8666) › § 8664 - Industrial Development Company—Duties

For purposes of use and implementation, it shall be the duty of the Industrial Development Company to exercise the powers conferred to it by virtue of the Puerto Rican Industry Investment Act so as to facilitate, support and assist public entities in the use, implementation and adoption of multiple award.
History —Nov. 30, 2006, No. 253, § 4.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 97 - Procurement Process; Multiple Contracts (§§ 8661 — 8666) › § 8665 - Procurement regulations of compelled public entities

It shall be the duty of the agencies, instrumentalities, public corporations and other entities compelled under the provisions of this chapter to adopt or modify their procurement regulations or other regulatory provisions necessary to temper their procurement processes to the mandate consigned under this chapter.
History —Nov. 30, 2006, No. 253, § 5.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 97 - Procurement Process; Multiple Contracts (§§ 8661 — 8666) › § 8666 - Interpretation

It shall be construed that the provisions of this chapter shall be interpreted in the most liberal manner possible in favor of the use, availability and implementation of the multiple awards mechanism referred to in this chapter, for the convenience of government agencies and the public interest. At the same time, it shall be construed that the experience, a [sic] precedents and knowledge gained through the application of this procurement mechanism in the General Services Administration and any other government entities shall constitute a supplementary source of interpretation of this chapter.
Moreover, none of the provisions or parts of this chapter shall be construed, under any circumstances, to limit or restrict the powers and full prerogatives of public entities to implement or use procurement mechanisms other than the multiple award contract, nor shall it be understood as limiting the discretion or internal powers of each entity to determine the specific manner and form in which the same incorporates the purchasing mechanism to its procurement processes.
History —Nov. 30, 2006, No. 253, § 6.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 99 - Electronic Certificate and Voucher Act (§§ 8721 — 8732) › § 8721 - Definitions

The following terms and phrases contained in this chapter shall have the meaning stated below:
(a) Agency. — Means any body or instrumentality and entity of the Executive Branch of the Government of Puerto Rico, such as departments, boards, commissions, administrations, offices, subdivisions, and public corporations under the control of said Branch, as well as municipalities.
(b) Certificate or certification. — Means any document issued by a government agency whose purpose is to sustain the legitimacy of a premise or requirement. These may be (but shall not be limited to): Criminal Record Certificate, Birth Certificates, Marriage Certificates, Real and Personal Property Taxes Certifications, Child Support No-debt Certifications, Certifications attesting to the fact of having filed income tax returns for the five (5) years that precede the application, and No-debt Certificates from the Department of the Treasury.
(c) Voucher or stamp. — Means any stamp or piece of paper issued by the Department of the Treasury or any other agency, be it an Internal Revenue stamp, or any other whose sale the Department has entrusted to any other public or private entity, which shall have cash value, and which render certain documents officially valid and effective by affixing the same on such documents.
(d) Program. — Means the electronic computerized system to be created or modified by the Office of Management and Budget to attain the purposes of this chapter.
(e) System. — Means the Government agency information systems and registers.
History —Aug. 20, 2009, No. 85, § 2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 99 - Electronic Certificate and Voucher Act (§§ 8721 — 8732) › § 8722 - Statement of public policy

The Government of Puerto Rico hereby adopts the public policy of allowing for all certifications issued by any government agency to be requested, transacted, and issued over the Internet. All government agencies empowered by law to issue certifications shall design and implement the most adequate, efficient, and economical electronic system available, to attain the purposes of this chapter. Upon gaining access to the electronic address designated to that effect by the agencies in charge, citizens shall be able to enter their personal data, see the certification they are requesting, and print, save, and send such certifications by fax or email free of charge.
Likewise, it shall be the public policy of the Government of Puerto Rico to allow the electronic sale of Government-issue vouchers or stamps. For that purpose, the Department of the Treasury shall develop, design, and implement, by itself or with the assistance of any public or private entity, always safeguarding the identity and privacy of citizens, an electronic sales system for the vouchers or stamps required for any transaction to which the Government of Puerto Rico is a party.
History —Aug. 20, 2009, No. 85, § 3.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 99 - Electronic Certificate and Voucher Act (§§ 8721 — 8732) › § 8723 - Electronic Certificate and Voucher Program Design

The Office of Management and Budget is hereby directed to assist government agencies in developing, designing, and implementing the necessary electronic programs, whether these are new or modifications of existing programs, in order for the general public to be able to access, request, print, save, and send by fax or email certifications of any kind over the Internet, pursuant to the provisions of this chapter.
Likewise, the Secretary of the Department of the Treasury, in coordination with the Office of Management and Budget, is hereby directed to develop, design, and implement, whether by themselves or with the assistance of any public or private entity, an electronic program with the necessary measures and safeguards, the purpose of which shall be to enable the general public to electronically acquire the vouchers or stamps required for any transaction carried out with the Government of Puerto Rico, pursuant to the provisions of this chapter.
History —Aug. 20, 2009, No. 85, § 4.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 99 - Electronic Certificate and Voucher Act (§§ 8721 — 8732) › § 8724 - Authorities and functions of the Office of Management and Budget

In order to attain full and effective compliance with this chapter, the Office of Management and Budget shall have the same authorities and functions conferred under §§ 991—998 et seq. of this title, known as the “Electronic Government Act”.
History —Aug. 20, 2009, No. 85, § 5.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 99 - Electronic Certificate and Voucher Act (§§ 8721 — 8732) › § 8725 - Authorities and functions of the Department of the Treasury

Under this chapter, the Department of the Treasury shall have the following functions and authorities:
(a) To enter into contracts and agreements with financial institutions for the use of any electronic payment system whose copyrights is the property of such institutions.
(b) To develop a framework that guarantees effective implementation of security controls for the information systems that support government operations and assets.
(c) To protect, at all times, the security and the identity of program users, abiding by the guidelines set forth by the applicable provisions on privacy protection, information security, policies on the availability of information, among other related authorities.
(d) To develop, promote, collaborate, advance, and direct technology projects at the interagency level which assist in a better operation of the program implementation which is directed in this chapter.
(e) The Department may require such information and documents as it may deem necessary for the integration of government processes and services into the program implementation which is directed in this chapter.
(f) The Department may take the necessary steps to advertise and promote among the citizenry the services available, their advantages, and the manner in which to use such services.
(g) The Department may enter into contracts for services, programs, and equipment as necessary to comply with the public policy set forth by this chapter.
History —Aug. 20, 2009, No. 85, § 6.