P.R. Laws tit. 23, § 545
The Port of Ponce Authority shall create a procedure for the acquisition of goods and services that is flexible and responds to the nature of the industry in which it operates. Therefore, the Authority shall be exempt from any requirement related to requests for bids to adjudicate construction contracts, services, procurement, or any other type of contract that is necessary and convenient to comply with its purposes, as authorized in each case by the Board of Directors of the Authority through a resolution to such effect. Said resolutions shall establish the circumstances that justify the exemption of the Authority from public bidding requirements. The Authority shall establish, through regulations, all the standards and procedures needed for the appropriate use of its funds and resources, which use shall comply with sound administration parameters. The Authority may consider and award contracts on the basis of unrequested proposals, provided that it justifies that said contracts respond to market forces and that it has been concluded that the same shall adequately protect the public interest.
The Authority may use the construction methodology known as construction management or construction manager as builder, or any variation thereof, to enter into contracts related to any of its construction projects. The Authority may issue all those regulations, rules, administrative determinations, or circular letters it deems necessary to implement a contracting process for said construction methodology and its uses.
Any procurement and contracts for supplies or services; personal services made by the Authority, including contracts for the construction of works; and contracts related to the construction of the Port’s facilities shall follow the procurement procedure established by the Authority through a resolution of its Board of Directors, as provided in this section. Provided, however, That requests for bids or quotes shall not be necessary:
(a) When immediate delivery of the materials, supplies and equipment, provisions of service, or execution of construction works is required due to an emergency, as said term is defined in § 541(f) of this title;
(b) when spare parts, accessories, equipment, or supplementary services are needed for supplies or services that were previously provided or contracted;
(c) when professional or expert service or work is required and the Authority deems that, in the interests of sound management, such services or works should be contracted without posting such notice; and
(d) when prices are not subject to competition because there is only one supplier or because said prices are regulated by law.
In comparing proposals and making awards, proper consideration shall be given to factors such as the lowest price; the ability of the bidder or contractor to perform works of the kind involved in the contract under consideration; the relative quality and adaptability of the materials, supplies, equipment, or service; the financial reliability of the bidder and its expertise, experience, reputation for commercial integrity, and ability to render the services under consideration; and the proposed delivery or execution time.
Whenever the Authority requests proposals to more than one company or supplier for any equipment, material, or service, it shall not be under the obligation to award the contract to the proposal offering the lowest price. It shall rather take said factor into consideration, among others, at the time of making a selection or award of a contract, and state in writing the criteria used for the award in order to adequately justify the protection of the public interest. In these procedures, steps taken towards achieving transparency in the transactions shall be adequately documented, thus prohibiting conflicts of interest and any type of conduct that goes against the protection of the public interest.
History —Dec. 12, 2011, No. 240, § 6.