P.R. Laws tit. 3, § 293n

2019-02-20 00:00:00+00
§ 293n. Administration, norms, systems, and procedures

The Secretary, in the discharge of his/her functions and in the development of the administrative activity, shall have, without it being construed as a limitation, the following duties and powers:

(a) Prepare and administer the budget of the Department.

(b) Coordinate and evaluate periodically the operations of the attached programs, for which he/she shall adopt the norms, systems and procedures necessary to carry out the functions entrusted by law.

(c) Acquire or lease goods and services of any nature, sell or otherwise dispose of personal property as he/she considers necessary, without being subject to the pertinent provisions in §§ 931 et seq. of this title, better known as the “General Services Administration Act”. However, the precepts relative to the Exclusive Register for Bidders.

He/she shall establish through regulations the norms, criteria and procedures that shall govern the procurement of equipment, supplies, articles and non-professional services attune with the principles set forth in said sections.

The regulations adopted by the Secretary shall provide for the procurement of all goods or services of any sort made by the Department, excluding contracts for professional services, to be conducted through a formal bid or proposal soliciting procedure. However, the formal bid procedure shall not be necessary when:

(1) The purchase or acquisition does not exceed fifteen ten [sic] thousand dollars ($15,000);

(2) it is necessary to make the purchase or acquisition immediately, due to an emergency situation, which circumstances shall be recorded in writing in the purchase record;

(3) replacement parts, accessories, equipment or supplementary services are needed for equipment or services previously delivered or contracted;

(4) the purchase is made from the Government of the Commonwealth or of the United States of America, or from their agencies;

(5) prices are not subject to competition because there is but one supplying source or because they are regulated by law, or

(6) when the only supplying source is outside of Puerto Rico.

In the cases listed above, the acquisition or purchase may be made through an informal procedure or at the open market in the usual course of business. However, in all cases, it shall be justified in writing and approved by the Secretary or the person onto whom he/she delegates.

(d) Use electronic and computer support, means and applications in his/her administrative functions. The Secretary shall adopt the technical and organizational measures needed to ensure the authenticity, integrity, availability, confidentiality and conservation of information.

History —Aug. 9, 2004, No. 205, § 35.