P.R. Laws tit. 3, § 8662
It is herein provided that the agencies, instrumentalities, public corporations and other entities of the Commonwealth of Puerto Rico shall have the following duties and responsibilities:
(a) To adopt the multiple award contract as one of the options and procurement contracts that shall be available and may be used for the acquisition of goods and services.
(b) To temper their procurement regulations and other regulatory provisions with the mandate consigned in this chapter.
(c) To avail themselves of the orientation, advice and technical support of the General Services Administration, the Industrial Development Company, or the Office of Management and Budget to ensure the most adequate adoption of this mechanism in their procurement processes, and the most sensible implementation and use of this procurement modality.
(d) To train and instruct their procurement officers in the management, use and adoption of this procurement mechanism.
(e) To apply and make use of the multiple award procurement mechanism solely when the circumstances of the acquisition or the product or service to be acquired justify its use with respect to the best administrative, fiscal and operational interests of the adjudicating entity, and protecting the legal and jurisprudential norms that govern the goods and services procurement processes of the government, by means of strict free competition, transparency, integrity and participation fairness criteria.
(f) To take the necessary administrative measures so that the adoption of multiple award contracts do not impair the flow, agility and effectiveness of the procurement processes, ensuring that the bidders, procurement officers and participants in the procurement process have knowledge of and understand this procurement mechanism.
(g) To establish in a clearly transparent manner any regulations to be established in accordance with this chapter and attuned with the best practices of sound government administration, among other requirements, that multiple award contracts shall apply solely and exclusively under the following circumstances:
(1) When the demand is of such magnitude that it cannot be handled by a single contractor;
(2) when the variety of types and models of the required item does not allow for the selection of a single model type for general use, and
(3) when variety is allowed for within the budget capacity of the agency.
(h) To adopt all measures necessary or convenient to ensure the most faithful and correct implementation of the mandate contained within this chapter.
History —Nov. 30, 2006, No. 253, § 2.