P.R. Laws tit. 27, § 2618

2019-02-20 00:00:00+00
§ 2618. Inapplicability of certain laws

(a) Exemption from the Government Accounting Act.— The Authority and all partnership contracts shall be exempted from the provisions of §§ 283–283p of Title 3, known as the “Puerto Rico Government Accounting Act”.

(b) Exemption from the Antitrust Act.— For the purposes of this chapter, the main activity of a partnership contract shall not be deemed to be a contract that has the effect of substantially diminishing competition or leading to the creation of a monopoly. However, any action conducted beyond the scope of the partnership contract and any contracting by the contractor with other nongovernmental entities shall be governed by §§ 257 et seq. of Title 10, the “Antitrust Act”. Partnership contracts may not restrain free trade by third parties in activities that are secondary, ancillary or subsidiary to the primary activity established in such contracts.

(c) Exemption from the Uniform Administrative Procedures Act.— All procedures and actions authorized under this chapter, including but not limited to procedures and actions in connection with the approval of regulations, the determination of projects for the establishment of partnerships, the selection of proposals, and the award of partnership contracts, are hereby exempted from all of the provisions of §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico”.

(d) Exemption from §§ 8611–8615 of Title 3.— The Authority and the partnering government entities shall comply with subsections (a)-(k) and (n)-(p) of § 8615 of Title 3, and shall be exempted from compliance with the remaining provisions of such sections.

(e) Exemption from certain requirements for government contracting.— All government entities that are parties to a partnership are hereby exempted from compliance with the provisions on contracting and bidding contained in their organic acts, the pertinent special laws or any corresponding regulation, including any obligation or requirement that compels contracting or bidding through the General Services Administration. As to partnerships, only the provisions of the regulation adopted by the Authority under this chapter shall apply.

History —June 8, 2009, No. 29, § 19.