P.R. Laws tit. 23, § 2911
All purchases and all supplies or service contracts, except those for personal services, made by the Authority, including contracts for the construction of works, except for all those contracts with the contracted entity related to the construction of the port’s facilities to which the provisions of § 2910 of this title are applicable, shall be made through an invitation to bid posted with sufficient time prior to the date of the opening of the sealed bids, in order for the Authority to ensure proper notice and opportunity to participate; Provided, That, when the estimated sum for the purchase does not exceed eighty thousand dollars ($80,000) and when the value of the construction work does not exceed one hundred and sixty thousand dollars ($160,000), the same may be executed without an invitation to bid. For purchases whose value ranges between five thousand dollars ($5,000) and eighty thousand dollars ($80,000), and when the value of the construction work ranges between fifty thousand dollars ($50,000) and one hundred and sixty thousand dollars ($160,000), the Authority shall request written quotes from at least three (3) suppliers.
Provided, That invitations to bid or requests for quotes shall not be necessary:
(a) When immediate delivery of the materials, supplies, and equipment, provisions of the services, or execution of construction works is required due to an emergency as said term is defined in § 2901(f) of this title;
(b) when spare parts, accessories, equipment, or supplementary services are needed for supplies or services 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;
(d) when prices are not subject to competition because there is only one supplier or because said prices are regulated by law, or
(e) when the Authority has held two (2) bidding procedures identical as to their specifications, terms, and conditions within a period of time of not more than six (6) months from the opening date of the first, and such bidding procedures have not produced any bidders. In such cases, the purchase of materials, supplies, or equipment, or the procurement of such services may be conducted on the open market using normal business practices. In comparing proposals and making an adjudication, proper consideration shall be given to factors (in addition to whether the bidder has complied with the specifications) such as the lowest price; the ability of the bidder 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 delivery or execution time offered. The Authority may adopt regulations for the presentation of bids or proposals.
In the case of construction contracts and other contracts that by their nature may be awarded through this section or through § 2910 of this title, the Board shall have the discretion to make such award under the provisions of § 2910 of this title or this section.
History —Aug. 11, 2002, No. 171, § 12.