P.R. Laws tit. 25, § 3051j
All supplies or services purchases and contracts, except those for personal services, executed by the Authority, including contracts for the construction of works, except all those contracts with the contracting entity related to the planning, design, redevelopment, construction, financing, operation and maintenance of the land and facilities of the Naval Station to which the provisions of § 3051i of this title apply, shall be done through a notice for bids submitted sufficiently in advance of the date of the opening of the sealed proposals so that the Authority may ensure the proper notice and opportunity for attendance; Provided, That when the amount estimated for the purchase does not exceed one hundred thousand dollars ($100,000) and the value of the construction project does not exceed two hundred thousand dollars ($200,000), the same may be conducted without a notice for bids. For purchases whose value fluctuates between five thousand dollars ($5,000) and one hundred thousand dollars ($100,000) and the value of the construction project fluctuates between forty thousand dollars ($40,000) and two hundred thousand dollars ($200,000), the Authority shall solicit written quotes from at least three (3) suppliers.
Neither notices for bids nor the quotes requirement shall be necessary in the following cases:
(a) When the delivery of materials, supplies and equipment and the rendering of services or the execution of construction works are immediately required due to unforeseen extraordinary circumstances.
(b) When spare parts for supplies or services previously furnished or contracted are needed.
(c) When the prices are not subject to competition because there is only one supplier or because they are regulated by law.
(d) When the Authority has held two (2) biddings and they have been deserted or when only one bidder has appeared whose offer is not competitive with open market prices. In such cases the purchase of materials, supplies and equipment or the rendering of such services may be made in the open market under the usual business practices.
(e) When expert professional services or works are required and the Authority believes that in the interest of good administration practices such services or works should be contracted without such notices for bids.
When comparing proposals and making adjudications due consideration must be given to those factors (besides considering whether the bidder has met the specifications) such as the lowest price, the capacity of the bidder to do work of the nature involved in the contract under consideration, the relative quality and adaptability of the materials, supplies equipment or service, the financial liability of the bidder, its expertise, experience, business integrity reputation and capacity to render the services under consideration and the time of delivery or execution submitted. The Authority may adopt regulations for presenting bids or proposals in terms similar to those commonly used and practiced by public corporations in Puerto Rico or in the states of the United States of America.
In the case of construction contracts and other contracts that because of their nature could be adjudicated through this section or § 3051i of this title, the Board shall have the discretion of making said adjudication under the provisions of § 3051i of this title or this section.
The Authority shall be exempted from making its purchases through the General Services Administration and from the application of the provisions of the Sole Register of Bidders, established by §§ 931—934d of Title 3.
History —Sept. 29, 2004, No. 508, § 12.