2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 37D - Investment in Puerto Rican Industry (§§ 930 — 930k) › § 930b - Puerto Rican Industry Investment Board—Powers

The Board shall have the following powers, among others:
(a) Draft a strategic plan based on the prevailing economic situation and taking into consideration the pressing need of the State to stimulate the growth of Puerto Rican industry and to create the greatest number of jobs possible. The Board shall annually present its strategic plan to the Governor, and a copy to the Office of the Secretary and the Office of the Clerk of each Legislative Chamber with the goals achieved and the objectives established in this plan, which shall be submitted at the closing of each fiscal year.
(b) Draft a promotion and marketing plan of the benefits of the new law, as well as establish collaborative agreements between private organizations registered under the law, in accordance with the Investment Board.
(c) Prepare an electronically formatted, Internet-accessible module, jointly with the General Services Administration and its Exclusive Register of Bidders, which shall list the specifications of the models for marketing, provisions, supplies, materials, equipment and services produced, assembled or packaged in Puerto Rico, or those distributed in Puerto Rico by enterprises with operations in Puerto Rico or by agents established in Puerto Rico, that in its opinion, meet the necessary criteria for the use thereof by the Government, which shall be revised every six (6) months.
(d) Assign investment parameters, as provided in § 930d of this title and ensure that this parameter that is established in this chapter is based primarily on the creation or support of the source of jobs and the economic and technological development of enterprises established in Puerto Rico.
(e) Initiate investigations and recommend action in any case that it deems that the general terms, conditions and instructions of the auctions eliminate industries located in the country from the bid, even if there has not been a formal request in this sense by the interested party.
(f) Approve the regulations and norms necessary for the operation and compliance with this chapter, the purposes of which shall have force of law and shall be subject to the legal provisions in effect.
(g) Produce a statistical data bank on the progress of the act, as well as the people who benefit therefrom.
(h) Review the investment parameters to be produced by the Board, and if necessary, recommend new parameters to the Governor to be presented for the consideration of the Legislature.
(i) Ascertain with the Regulating Board of the General Services Administration that in the preparation and review of the model specifications, the availability and ability of the industry in Puerto Rico to produce it, assemble it, package it, and distribute it are taken into consideration.
(j) Prepare and offer training, application and learning seminars on this chapter, to the members of the bidding boards of the agencies, municipalities, departments, instrumentalities, public corporations and dependencies.
(k) Apply the provisions on procedure materials for public works and buildings in accordance with §§ 927—927h of this title.
(l) Formulate policies, circular letters, and advisory opinions that allow the officers with procurement responsibility, the heads of the different public entities and all persons who intervene in the procurement processes of the government entities of Puerto Rico to strictly and faithfully know, understand and comply with the mandate of this chapter.
(m) Interpret, apply and enforce the provisions of this chapter and the rules and regulations that establish the duties and functions of government personnel with respect to the implementation of this chapter.
(n) Assist the public entities in their function of solving controversies and clarifying information on the application of this chapter.
(o) Supervise, establish and recommend those procurement procedures applied by the different instrumentalities of the government of Puerto Rico to identify violations of this chapter so that the administrative or civil measures authorized by this chapter may be adopted before the bidding and reconsideration boards, after the corresponding investigations and hearings among the affected parties, which shall have adequate opportunity to be heard by an examining officer appointed by the Board for each specific case.
(p) Examine and obtain a copy of all relevant proof related to any matter under its investigation or analysis.
(q) Issue orders that are necessary and convenient to comply with the purposes of this chapter, including rules of procedure for the hearings and investigations held, which shall have the nature and force of law.
(r) Supervise and investigate compliance with the requirements or demands of this chapter by the agencies and other public entities.
(s) Request from the government agencies or entities those reports the Board deems necessary to determine the degree of compliance of the same with the parameters and criteria established in this chapter.
(t) Evaluate the need to introduce amendments to the regulations of the Board regarding the administration and the procurement processes of the Government for the purpose of adjusting them to the new developments and changes in said procurement processes in the Government.
(u) Appoint the administrative personnel attached to the Puerto Rico Industrial Development Company, with functions exclusive to the Investment Board, that is essential for conducting the functions and duties established in this chapter, in accordance with the criteria that ensure the rendering of services of the highest quality. It may request employees on special assignment and resources from all the agencies, municipalities, public corporations and their subsidiaries in order to comply with this chapter, and these latter shall give the greatest cooperation to the Board. This personnel shall include, without it being understood as a limitation, two (2) examining officers who shall be attorneys with the function of presiding [over] the investigations, administrative and adjudicative procedures to be held and two (2) inspectors, who shall be in charge of adequately supervising compliance with this chapter in the government entities compelled thereto under its provisions.
(v) The Governor of Puerto Rico shall appoint an executive director, with advice and confirmation of the Senate, for a term of six (6) years, who shall have all the necessary executive authority to enforce compliance with the mandate of this chapter, within the parameters and the public policy established by the Board. Therefore, he/she shall have the power to participate in his/her own right in the legislative or administrative hearings, meetings of the Executive Power and actions in the Judicial Forum that are related to the provisions of this chapter or its implementation or when the protection of the public interest justifies his/her participation. In this sense, the public entities shall observe full deference, respect and cooperation with the official processes of the Executive Director, as authorized by the Board.
(w) Orient, train and advise the public entities, their respective bidding and reconsideration boards and their legal divisions so that these entities may apply in a correct and adequate manner the norms and principles contained in this chapter. This shall be done through seminars, conferences, orientations, memoranda, circular letters, informative brochures or other means that allow to give orientation and to advise the government entities and the procurement personnel in the adoption of administrative measures and the proper application of this chapter.
(x) Take any other action or measure necessary and convenient in order to comply with the purposes of this chapter.
(y) Authorize regular and special judicial actions necessary to enforce the provisions of this chapter and the participation of the Executive Director or administrative personnel as intervening party or public interest advisor in biddings or procurement processes, motu proprio or by request of a party with interest in the procedure when, in the judgment of the Board, it is necessary to ensure compliance with the provisions of this chapter or when attesting evidence of the violation of any provision is received. For this procedure, the cooperation of the Review Board of the General Services Administration of Puerto Rico shall be requested, as the entity with expertise in the procurement process of the Government of Puerto Rico. Likewise, it may authorize the participation of its personnel in judicial processes as amicus curiae or intervening party when necessary for the protection of the public interest and faithful compliance with the provisions of this chapter.
(z) Qualify and certify non-profit organizations that employ blind persons or persons with severe disabilities whose products are packed, assembled, produced or manufactured in Puerto Rico pursuant to the maximum investment parameters set forth in this chapter.
(aa) To qualify and certify rehabilitation programs approved by the Department of Corrections and Rehabilitation and by the public corporation Industries for the Blind, Mentally Impaired, and other Persons with Disabilities in Puerto Rico under the maximum investment parameters provided in this chapter.
History —Jan. 8, 2004, No. 14, § 6; Sept. 16, 2004, No. 371, § 2; Aug. 15, 2007, No. 113, § 2; Dec. 12, 2007, No. 184, § 4; July 17, 2008, No. 117, § 3; Aug. 13, 2009, No. 70, § 3.