P.R. Laws tit. 3, § 1756
Ethical obligations and responsibilities of contractors, purveyors of goods and services, and members of entities that receive economic incentives from the executive agencies and persons to be affected by regulations promulgated by executive agencies [are as follows]:
(a) Every person shall adopt a professional and respectful relationship with the public officials and employees of the executive agencies, and shall require the same from them at all times.
(b) Every person who, in his/her relationship with the executive agencies of the Commonwealth of Puerto Rico, participates in public biddings, submits quotations, wishes to enter into contracts with them, seeks or applies for the granting of any economic incentive, shall have the obligation to disclose all the information needed for the executive agencies to evaluate the transaction in detail, and make correct and informed decisions.
(c) Every person shall observe the precepts and principles of excellence and honesty that cover his/her profession, in addition to the norms or canons of ethics of the association or college of which he/she is a member and that regulate his/her trade or profession in the relationship with their competitors as well as with the Commonwealth of Puerto Rico. In the case of persons who are not members of an association or college, or in the case of associations and colleges that do not have a canon of ethics for their members, they shall observe the general principles of ethical conduct that are deemed reasonable in their profession or trade.
(d) Every person shall quote on a basis of fair price for his/her services, considering experience, academic studies, and technical skills; in agreements for the furnishing of goods, the quality of the goods shall be taken into consideration. The person shall have the obligation to perform their work within the established term, guarantee the quality of the services and goods furnished, and charge for his/her services upon presentation of an invoice whose correction shall be certified, that the services were rendered in full or that the goods were delivered within the established term, and that no compensation has been received for the same. All invoices for the payment of goods and services presented to the executive agencies shall contain the following certification: “Under penalty of absolute nullity, I certify that no public servant of the government entity is a party to or has an interest in the profits or benefits that are the product of the contract subject of this invoice, and to be a party to or have an interest in the profits or benefits of resulting from the contract, under this invoice a prior dispensation has been issued. The sole consideration to furnish the contracted goods or services subject of the contract is the payment agreed upon with the authorized representative of the government entity. The amount that appears in the invoice is fair and correct. The work has been performed, the products have been delivered and the services rendered, and no payment has been received for them.” Provided, That contractors and goods and service providers of the Curable Catastrophic Illnesses Service Fund attached to the Department of Health shall be exempt from complying with the absence of interest certification required under this subsection.
(e) No person shall offer or deliver to the public servant or former public servant of the executive agencies, or members of his/her family unit, with which he/she wishes to establish or has established, a contractual, commercial or financial relationship, directly or indirectly, goods of monetary value, contributions, gifts, gratuities, favors, services, donations, loans or shares in any commercial entity or juridical business. In cases that refer to a former public servant, the preceding prohibition shall be extended for one (1) year from the date he/she ceases his functions in the executive agency. This obligation shall cover the period preceding and following the execution of the contract, business or transaction, as well as during the term thereof.
(f) Every person shall collaborate with any investigation initiated by the government on business transactions, execution of contracts, or granting of government incentives in which he/she was a party thereto or that directly or indirectly benefited from it.
(g) No person shall intervene in matters that could result in a conflict of interest or that could appear as such.
(h) Every person is bound to denounce those acts that are in violation of this Code that constitute acts of corruption, or that have the elements of the crimes of fraud, bribery, embezzlement or misappropriation of funds, and of which he/she has personal knowledge, that concern a contract, business or transaction between the Government, and a contractor or supplier of goods and services or participants of economic incentives. The complainants shall be protected under §§ 601 et seq. and 611 et seq. of Title 1.
(i) No person who has actively participated in political campaigns may establish negotiations with the secretaries, heads of agencies, municipal executives or executive directors of public corporations leading to the improper granting of advantages, privileges or favors for their benefit, or of any other person, represented by the former. Nor shall the services of persons who have actively participated in political campaigns be required for the abovementioned purposes.
(j) No person shall use confidential information acquired in the course or as result of any negotiation that has been entrusted to him/her through a contract by the Commonwealth of Puerto Rico, for purposes foreign to the contracted endeavor, nor to obtain, directly or indirectly, any financial advantage or benefit for him/herself, for any member of his/her family unit, or any other person, business or entity.
(k) No person shall request or obtain confidential information from a public servant or former public servant to obtain, directly or indirectly, any financial advantage or benefit for him/herself, or for any other natural or juridical person; nor for purposes foreign to those of the contracted endeavor.
(l) No person shall accept or maintain contractual or business relations with a public servant or a member of his/her family unit that has the effect of impairing the independent criteria of the public official or employee in the performance of his/her official duties. It is hereby prohibited for any person to accept or maintain contractual or business relations with former public servants during a term of one (1) year counting from the time they have ceased to hold office, if in the performance of their government duties they participated directly in transactions between the executive agencies and the person.
(m) No person shall contract with executive agencies if there is any conflict of interests. Every person shall certify that he/she does not represent private interests in cases or matters that imply conflicts of interest, or of public policy, between the executive agency and the private interests he/she represents.
(n) No person shall directly or indirectly request a public official or employee to represent his/her private interests, makes efforts or exerts influence to obtain a contract, the payment of a claim, a permit, license or authorization, or in any other matter, transaction, or proposal in which said person or his family unit has private interests, even when it concerns official actions of the public official or employee within the scope of his/her official authority.
(o) No person shall induce a public servant or former public servant to fail to comply with the provisions of §§ 1801 et seq. of this title, known as the “Commonwealth of Puerto Rico Ethics in Government Act”.
(p) Every person who has been convicted of a crime against the public treasury, public trust, or involved in the wrongful use of public funds or property shall be disqualified to contract or bid with any executive agency of the Commonwealth of Puerto Rico during the periods provided in §§ 928 et seq. of this title. Every contract shall include a cancellation clause in the event the person who has contracted with the executive agencies is convicted in the federal or Commonwealth jurisdiction for any of the crimes mentioned above. It shall be certified in the contracts that the person has not been convicted in the federal or Commonwealth jurisdiction for any of said crimes. The duty to inform shall be of a continuous nature during all the stages of the contracting and execution of the contract.
History —June 18, 2002, No. 84, § 5; Dec. 16, 2011, No. 255, § 2.