Except as otherwise provided in this subtitle, the municipality shall comply with the public bid procedure for:
(a) The purchase of materials, equipment, food, medicines, and other supplies of a like or similar in nature, use or characteristics, in excess of one hundred thousand dollars ($100,000).
(b) Any public construction work or improvement by contract exceeding two hundred thousand dollars ($200,000).
(c) Any sale of real or personal property, except as provided in § 4455 of this title.
Any public bid notice shall be made at least ten (10) days before it is to be held, by publication at least once, in one (1) newspaper of general circulation in the Commonwealth of Puerto Rico.
Change orders, the purchase of supplies, equipment, food, medicine, and other goods, and all public construction and improvement works described in this section, which, added up to the agreed price of the original purchase or work, exceed the sums established in subsections (a) and (b) of this section are hereby prohibited. Except when the total of the change order or the acquisition of supplies, equipment, food, medicine, and other goods does not exceed ten percent (10%) of such total.
The municipality shall establish regulations which shall include, among other matters, the conditions and requirements of the municipality for the acquisition of the necessary services, equipment, and/or supplies. It shall also establish a clause compelling the municipality to notify the persons who were not awarded the bid by certified mail with receipt of acknowledgement. The municipal legislature shall authorize the approval of regulations to such purposes.
It shall be the duty of each municipality of Puerto Rico to establish the corresponding mechanisms to set aside not less than fifteen percent (15%) for purchases excluded from public bidding to small and medium size businesses as well as to companies that manufacture their products in the Island provided they can provide them.
The municipality shall establish regulations which shall include, among other matters, the conditions and requirements of the municipalities for the acquisition of the necessary services, equipments, and/or supplies. It shall also establish a clause compelling the municipality to notify the persons who were not awarded the bid by certified mail with receipt of acknowledgement. The Municipal Legislature shall authorize the approval of regulations for such purposes.
History —Aug. 30, 1991, No. 81, § 11.001, renumbered as § 10.001 on Jan. 10, 1999, No. 30, § 3; Oct. 7, 2005, No. 127, § 1; Nov. 22, 2009, No. 148, § 1; Nov. 22, 2009, No. 158, § 1; Aug. 13, 2010, No. 129, § 2.