P.R. Laws tit. 3, § 308a

2019-02-20 00:00:00+00
§ 308a. Creation of systems and regulations; exemptions

The Department of Labor and Human Resources and its operational components shall be exempt from the provisions of §§ 931 et seq. of this title, known as the “General Services Administration Act” and shall be governed their own laws and by the regulations established by the Secretary. The Department and its component parts, pursuant to their authority in law, shall establish their own systems and regulations for purchases, supplies and auxiliary services, within sound administrative practices concerning fiscal, economic and efficiency matters.

(1) The Secretary of Labor and Human Resource may make use of specific public goods such as equipment, materials, supplies or other similar goods of the Department and its component parts, declared by him/her or by an authorized official or employee to be surplus property, through the following means:

(a) The transfer or sale, at a reasonable price, to nonprofit private entities which are bona fide institutions, that have a social purpose and are qualified regarding certain of the social programs of the Department, to receive funds from the Government of Puerto Rico.

(b) The transfer or sale, at a reasonable price, to any specific agency, department, instrumentality or entity of the government or the municipalities of Puerto Rico; or to any specific federal or state entity of the government of the United States of America.

(c) The sale, at a reasonable price, at public auction among interested qualified bidders.

Surplus property shall be understood to be all goods, equipment, materials or supplies which shall be finally disposed of for being of no use to the needs of the Department or its operating components because they are obsolete, useless, surplus or disposable, or fall under another similar classification.

The funds obtained from the sale of surplus property shall be covered into a special account in the Department of the Treasury in favor of the Department of Labor and Human Resources.

These funds shall serve to cover in total or in part the expenses incurred in the operation of the program for the sale of surplus property belonging both to the Department and to its operating components.

The Secretary of the Treasury shall make available to the Department of Labor and Human Resources the moneys covered into said special account through orders for the payment of money authorized or signed by the Secretary of Labor and Human Resources.

The funds obtained from the sale of the surplus property of the Department shall not hinder in any manner whatsoever the appropriation of funds in subsequent years for the regular and operating expenses of the Department and its operating components.

(2) When it is impossible to dispose of the surplus property as provided above, the same shall be disposed of in the most convenient and reasonable manner according to the applicable laws and regulations.

History —Apr. 14, 1931, No. 15, p. 168, added as § 5a on Aug. 13, 1998, No. 237, § 5.