2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 221 - Purchase of Equipment, Supplies and Services (§§ 4501 — 4508) › § 4502 - Public bidding—Purchases excluded

No notice or holding of a public bidding shall be needed for the purchase of personal property and services in the following cases:
(a) Any purchase made from another municipality, the Government of the Commonwealth of Puerto Rico, or the federal government.
(b) Annual purchases per item up to a maximum amount of one hundred thousand dollars ($100,000) for materials, equipment, food, medicine, and other supplies equal or similar in nature, use or characteristics. Before the award of the purchase order, at least three (3) quotes shall be obtained from accredited suppliers who are duly registered as bona fide businesses under the laws of the Commonwealth of Puerto Rico. Furthermore, during emergency situations declared by the mayor through Executive Order, equipment or supplies may be acquired to address such emergency up to the amount of one hundred fifty thousand dollars ($150,000). For the purpose of this section, an emergency situation shall mean any event occurring in the municipality which requires immediate attention, either to prevent or solve any issue that is affecting the citizenry or to benefit them.
(c) Purchase or acquisition of supplies or services in any case of emergency in which the delivery of the supplies, materials or rendering of services is required immediately. In these cases, a written statement shall be provided with the facts or circumstances of the urgency or emergency because of which the public bidding was not held.
The cases of emergency referred to in this section are those established in § 4001(ff) of this title.
(d) When prices are not subject to competition because there is only one (1) source of supply.
(e) For the purchase of materials or equipment that cannot be acquired in Puerto Rico because they are not locally available, or because there is no representative or authorized agent of the company that provides them. In these cases, quotes must be obtained from not less than two (2) accredited suppliers or dealers, and the purchase shall be made according to such prices, as if made by means of auction.
(f) When bidders do not concur, and there is a risk of losing any opportunity to acquire the needed goods, supplies, equipment, or services, with prior written justification explaining the risk and the need that makes it necessary to proceed with the purchase or contracting.
(g) Any modifications or extensions that entail an increase in costs of up to a maximum of thirty percent (30%) of the total cost of the original project in any public works or improvement performed under a construction contract. Such modifications or extensions shall comply with the provisions in effect in this regard. Provided, That under exceptional duly justified and documented circumstances, the municipality may approve a change order that exceeds thirty percent (30%) of the cost of the original project in any public works or improvement by means of drafting a suppletory construction contract, pursuant to the provisions established in the Revised Basic Norms Regulations for the Municipalities of Puerto Rico approved by the Office of the Commissioner of Municipal Affairs. Should there be more than one modification or extension to a contract, such modifications or extensions altogether shall not exceed the maximum of thirty percent (30%) of the total cost of the original project and must be approved by the Bidding Board, unless when this takes place, a suppletory contract is executed with the affirmative vote of two thirds (⅔) of the members of the Bidding Board. Said contract shall not exceed fifteen percent (15%) of the total cost of the project, including change orders.
(h) The municipal administration must perform all public works or improvements construction work. If the purchase of materials and supplies for the construction of the works is required, same shall be performed pursuant to the laws and regulations in effect.
(i) Any contract for public construction, repair, reconstruction, or improvement work that does not exceed two hundred thousand dollars ($200,000) upon consideration of at least three (3) quotes in the selection of the most beneficial to the municipality’s interests.
(j) For the acquisition of new or used heavy equipment from abroad, subject to the dispositions set forth in § 4503 of this title.
(k) For the acquisition of used goods by means of auctions processes in Puerto Rico and abroad, with prior authorization from the Legislature.
(l) For the purchase or acquisition of articles or works of art of very personal characteristics, the price of which does not exceed ten thousand dollars ($10,000) when the value of same resides in the specific characteristics of the work, or in the acknowledgement and fame of the Puerto Rican artist that created same. Puerto Rican artists shall be the first option to consider when purchasing or acquiring articles or works of art. In these cases, written record must be made of the characteristics of a particular work, or of the acknowledgement and fame of the author of the work in the artistic community. Given the aforementioned circumstances, the requirement of quotes does not apply either to this type of articles or works of art. For purposes of this subsection, an article or work of art is defined as: any visual work of art, including without being limited to, paintings, murals, sculptures, drawings, mosaics, photographs, calligraphy, monuments, graphic art works, such as lithographs, and engravings, artisanry, fountains, or any other analogous display of ornamentation that improves the quality and artistic effect of a public installation or building within which same are contained, or to which same are attached, as part of the total architectural design.
(m) Contracting of mechanical repair services for municipal vehicles and equipment, and for the repair of computerized equipment. These services shall be contracted by the mayor through the request of an application for proposals for such purposes. However, in no case shall the payment thereof exceed twenty-five thousand dollars ($25,000).
(n) Any purchases made in connection with the operations of municipal franchises and ventures are hereby exempt from the public bidding process.
The consistent practice of the fractionization [sic] of purchases or works to one (1) or more suppliers for purposes of keeping from exceeding the limits set forth by law, and thus evading the public auctions procedures is hereby prohibited.
History —Aug. 30, 1991, No. 81, § 11.002; Oct. 29, 1992, No. 84, sec. 42; Apr. 13, 1995, No. 36, § 33; renumbered as § 10.002 on Jan. 10, 1999, No. 30, § 3; Aug. 21, 1999, No. 279, § 2; Jan. 3, 2003, No. 36, § 1; Sept. 7, 2004, No. 258, § 24; Aug. 26, 2005, No. 98, § 1; Oct. 7, 2005, No. 127, § 2; Oct. 11, 2006, No. 226, § 1; Nov. 22, 2009, No. 148, § 2; Nov. 22, 2009, No. 149, § 2; Nov. 22, 2009, No. 158, § 2; Aug. 11, 2011, No. 181, § 3; Dec. 16, 2011, No. 251, § 1.