2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 37D - Investment in Puerto Rican Industry (§§ 930 — 930k) › § 930d - Classification of articles and services

The Preference Board shall classify the services rendered in Puerto Rico as well as the articles extracted, produced, assembled or packed in Puerto Rico, or distributed by agents established in Puerto Rico, taking into consideration, when assigning the corresponding investment parameter, whether the article or service is offered by a company conducting substantial operations in Puerto Rico according to the following factors: the added value in Puerto Rico, the number of jobs, the local payroll, the local capital, the research and development operations in Puerto Rico, and the country of origin of the materials used in the case of the purchase of products. Provided, That the Board shall assign the corresponding investment parameter within the following items:
(1) Articles distributed by agents established in Puerto Rico, up to two percent (2%).
(2) Articles packed in Puerto Rico, up to three percent (3%).
(3) Articles assembled in Puerto Rico, up to four percent (4%).
(4) Articles that constitute Puerto Rican products, up to ten percent (10%).
(5) Services rendered by small and medium-size companies or cooperative-based companies established in Puerto Rico, up to two percent (2%).
It is further provided, that the Board shall exercise discretion when granting an additional five percent (5%) in special cases of articles and services, in agricultural products and cooperative companies products, through the parameters established by regulations.
However, as to the maximum limits set forth in subsections (1)—(4) of this section, in the case of articles produced, assembled or manufactured in the municipalities of Vieques and Culebra, or in a non-profit organization that employs blind persons or a non-profit organization that employs persons with severe disabilities, the following maximum limits, shall apply:
(a) In the case of articles packed or services rendered in the municipalities of Vieques and Culebra, or in a non-profit organization that employs blind persons, up to ten percent (10%), or in a non-profit organization that employs persons with severe disabilities, up to seven percent (7%).
(b) In the case of articles assembled in the municipalities of Vieques and Culebra, or in a non-profit organization that employs blind persons, up to fifteen percent (15%), or a non-profit organization that employs persons with severe disabilities, up to twelve percent (12%).
(c) In the case of articles assembled in the municipalities of Vieques and Culebra, or in a non-profit organization that employs blind persons, up to thirty percent (30%), or a non-profit organization that employs persons with severe disabilities, up to twenty-five percent (25%).
The Board shall keep a list of said articles duly classified and indicating their class, origin, trademark, shape, dimensions, properties, samples, catalogs and any other information deemed convenient to facilitate its selection in Government purchases.
Provided, That in all agencies, departments, public corporations, and other subdivisions of the Government, the purchase official or purchase administrator shall have the obligation of submitting before the Board on a monthly basis any information regarding auctions and purchases conducted pursuant to this chapter.
History —Jan. 8, 2004, No. 14, § 8; Sept. 16, 2004, No. 371, § 3; Jan. 23, 2006, No. 20, § 3; Aug. 29, 2006, No. 164, § 3; Aug. 15, 2007, No. 113, § 3; Dec. 12, 2007, No. 184, § 6; July 17, 2008, No. 117, § 5.