2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 95 - Contracting Professional or Consulting Services (§§ 8611 — 8616) › § 8615 - Mandatory clauses

When awarding a contract, every government entity shall ensure compliance with the special laws and regulations applicable to the type of service to be contracted. In accordance with the foregoing, the following mandatory clauses shall be included in the contract:
(a) The contractor shall certify that it has filed income tax returns for the five (5) taxable years preceding the year in which the contract is intended to be executed and that it has no outstanding tax debt with the Commonwealth of Puerto Rico of any sort; or that he has availed himself of a payment plan whose terms and conditions are being complied with.
For contracts whose payment for services exceeds $16,000 per year, it shall be necessary to include the following certifications in the contract:
(1) Two certifications issued by the Department of the Treasury, one on the absence of tax debt or on the existence of a payment plan and another one certifying that income tax returns have been filed for the last five years.
(2) A certification issued by the Municipal Revenues Collection Center on the absence of any tax debt or on the existence of a payment plan.
(3) A certification issued by the Department of Labor and Human Resources on the payment of unemployment or temporary disability insurance, or social security, as applicable.
(4) A negative debt certification issued by the Child Support Administration. This requirement shall only apply if the contractor is an individual.
(5) For contracts executed with insurers or healthcare service providers, there shall be submitted a certification on the absence of any debt or on the existence of a payment plan with the Puerto Rico Medical Services Administration (ASEM) attesting to the fact that the plan is being complied with and is not past due. The date of issue of said certification shall not exceed sixty (60) days prior to the proposed effective date of the contract to be awarded by the Puerto Rico Health Insurance Administration (ASES). For purposes of this paragraph, debt shall be understood as any contractual obligation that entails the payment of a certain and specific amount of money that has become due and payable by the insurer or healthcare service provider. The foregoing notwithstanding, an obligation shall not be deemed to be an overdue debt if there is an ongoing process of invoice and payment reconciliation between the insurer or the healthcare service organization and the Puerto Rico Medical Services Administration (ASEM).
The contract shall include a clause stating that said documents have been attached to the contract or that the party has been granted a reasonable time to obtain them.
(b) The contract shall identify the legal provision authorizing the execution of the contract.
(c) No public officer or employee authorized to contract on behalf of the executive agency for which he/she works may execute a contract between the agency for which he/she works and an entity or business in which he/she or any member of his/her family unit has or has had direct or indirect economic interest during the last four (4) years prior to his/her holding office.
(d) No executive agency may execute a contract in which any of its officers or employees or any member of their family units has or has had direct or indirect economic interest during the last four (4) years prior to their holding office, unless the Governor gives authorization thereto with the previous recommendation of the Secretary of the Treasury and the Secretary of Justice.
(e) No public officer or employee may be a party to or have any interest in any profits or benefits produced by a contract with any other executive agency or government dependency unless the Governor gives express authorization thereto with previous recommendation from the Secretary of the Treasury and the Secretary of Justice. The contracting described in this subsection may only be established without having to request and obtain authorization from the Governor as follows:
(1) In contracts valued at three thousand dollars ($3,000) or less which occur only once in any fiscal year.
(2) In lease, permutation, purchase and sale, loans, and mortgage insurance contracts or those of any other nature which pertain to a housing unit and/or a lot provided or to be financed and whose financing is insured or guaranteed by a government agency.
(3) In service, loan, guarantee and incentive programs sponsored by government agencies.
In the cases specified in clauses (2) and (3) of this subsection, the contracting agency shall authorize the transactions provided that the following requirements concur:
(A) When dealing with contracts, loans, insurance, guarantees or transactions available to any qualified citizen.
(B) When the standards for eligibility are of general application.
(C) When the public officer or employee complies with all the standards of eligibility and he/she is not, directly or indirectly given preferential treatment different from that given to the general public.
(f) No public officer or employee who has the power to approve or authorize contracts shall evaluate, consider, approve or authorize any contract between an executive agency and an entity or business in which he/she or any member of his/her family unit has or has had direct or indirect economic interest during the last four (4) years prior to his/her holding office.
(g) No public officer or employee may execute or authorize a contract with any private person or knowing that such a person is in turn the representative of particular interests in cases or issues involving conflict of interest or public policy between the contracting government agency and the particular interests represented by said private person. For these purposes, every government agency shall require that any private person with whom it executes a contract include a contractual clause in which said private person certifies that he/she is not involved in any conflict of interest or of public policy, pursuant to the facts described in this subsection.
(h) No executive agency shall execute contracts with or for the benefit of persons who have been public officers or employees of said executive agency until after two (2) years have elapsed from the time said person has ceased working as such. The Governor may issue a dispensation regarding the applicability of this provision provided that said dispensation is for the benefit of the public service. This prohibition shall not apply to contracts for services rendered ad honorem.
(i) A clause shall be included to provide for the corresponding withholdings established in the Internal Revenue Code.
(j) The budgetary item from which the fees of the contractor shall be paid shall be indicated therein.
(k) A clause to provide that the contracted person is not duty bound to pay child support, or if so, that said person is up to date or has a payment plan to such effects.
(l) A clause indicating that the contracting government entity may rescind the contract by giving notice thirty (30) days prior to its being rescinded, or within a lesser term, depending upon the services to be contracted.
(m) A clause indicating that the agency may annul the contract immediately in cases of negligence, dereliction of duties or noncompliance by the contractor.
(n) The contract shall contain a clause stating that, if required, the necessary dispensation has been obtained from any government entity and that said dispensation shall become part of the contracting record.
(ñ) The contractor shall certify in the professional services contract that he/she has not been convicted for offenses against public integrity, as defined in the Penal Code, or of embezzlement of public funds, and that he/she has not been found guilty of any such type of offense in the courts of the Commonwealth of Puerto Rico, the federal courts or any courts of any jurisdiction of the United States. Should the contractor be found guilty of the aforementioned offenses, the professional or consulting services contract shall be rescinded.
(o) In contracts with individuals, a clause shall be included indicating that the contractor receives no payments or compensation for regular services rendered under a designation from any other public entity, except those authorized by law.
(p) In professional contracts, a clause shall be included, under which the contractor accepts being knowledgeable of the rules of ethics of his/her profession and assumes responsibility for his/her own actions.
History —Aug. 31, 2004, No. 237, § 5; July 19, 2013, No. 65, § 1.