P.R. Laws tit. 23, § 11167
(a) Any work or service contract entered into, except for professional or personal services, and any purchase made by the Authority including contracts for the construction, operation, and maintenance of public transportation, rail transport, and maritime transport facilities shall be made through calls for bids or requests for proposals, which shall be notified with sufficient time before the date scheduled for opening the bids or the receipt of proposals, so that the Authority may provide appropriate notice and opportunities to engage in the bidding process. The Authority shall adopt the regulations that shall govern bidding process and requests for proposals.
(b) The Authority shall be exempt from meeting the public bidding requirement to award construction, procurement and other contracts (including, but not limited to, contracts awarded for the development of properties within a Zone of Influence or Special Development District) when deemed necessary and convenient to achieve the purposes of this chapter and is thus authorized by the Board in each particular case, by resolution to such effects. Such resolution shall state the circumstances that exempt the Authority from meeting the bid requirement. Moreover, the holding of calls for bids or requests for proposals shall not be necessary in the following cases:
(1) In the case of an emergency, which requires the immediate delivery of materials, supplies, and equipment, or services;
(2) When replacement parts, accessories, equipment or supplementary services are needed for supplies or services previously delivered or contracted or when are not available in Puerto Rico’s market;
(3) When the prices are not subject to competition, because there is only one supplier source or because they are regulated by law;
(4) When holding call for bids or requests for services may be burdensome, unreasonable or impractical;
(5) When a call for bids or request for proposals has been issued and there has been no participation or response, or the offers or proposals presented have failed to substantially meet the evaluation requirements set forth in the call for bids or request for proposals, and in the judgment of the Authority
issuing a new call for bids or request for proposals would result in a delay that would make the selection of a bidder and the execution of a contract within the required or necessary time, less likely.
(c) When comparing proposals and making awards, in addition to the price, consideration shall be given to the following factors: (1) if the bidder has meet the bid’s specifications; (2) the ability of the bidder to perform works or provide services of the nature involved in the contract under consideration; (3) the quality and adaptability of materials, supplies, equipment, or services; (4) the bidder’s financial capacity, expertise, experience, business reputation, and capacity to provide the required services; (5) the delivery or completion date offered; and (6) the experience and capacity shown in building, operating or maintaining Public Transportation, Rail Transport, and Maritime Transport systems, as appropriate. The Authority may prescribe regulations for the presentation and award of bids.
(d) Nothing in this chapter shall be construed to impair the jurisdiction of the public private partnerships authority over the formation of partnerships (as such term is defined in §§ 2601 et seq. of Title 27,) as provided in §§ 2601 et seq. of Title 27, specifically § 2605(c) of Title 27.
History —Aug. 3, 2014, No. 123, § 8.