Puerto Rico
Administrative Fees:
Administrative Fees on State Contracts
Disclaimer:
This information is self-reported by the state via the Survey of State Procurement Practices
Administrative Fees in Use:
No
State authority to conduct best value procurement (BVP)
Best Value Procurement Definition:
Best Value Procurement Definition
Definition of Best Value Procurement:
Yes
Citation:
General Services Administration Act for the 2019 Centralization of Puerto Rico Government Procurement. Law No. 73 of 23 July 2019.
Citation Language:
w) Best Value: It will mean that bids will be evaluated against the requirements set out in the Invitation to Auctions and the corresponding specifications, which They may include criteria for determining acceptability such as: inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. The criteria that will affect the price of the offer and that will be considered in the evaluation for the award, will be measurable objectively, such as discounts, transportation costs, and total costs or life cycle. The Invitation to Auctions and the bidding documents shall establish the Evaluation criteria to be used. No criteria can be used in the evaluation of bids that is not set out in the Invitation to Auctions and the folder.
Protest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
General Services Administration Act for the 2019 Centralization of Puerto Rico Government Procurement. Law No. 73 of 23 July 2019.
Citation Language:
Article 64.- Term to Review. The party adversely affected by a decision of the Administration, the Board of Directors, Auctions and/or any Exempt Entity Auction Board may, within the Twenty (20) days from deposit in the Federal Mail notifying the award of the auction, submit a request for review before the General Services Administration Review Board. Presented administrative review, administration, and/or the Auction Board shall submit a certified copy of the file to the Review Board. within three (3) calendar days following the filing of the resource.
Statutory, regulatory, and procedural guidance for bid responsiveness
Bid Responsiveness:
Bid Responsiveness Definition
Citation:
General Services Administration Act for the 2019 Centralization of Puerto Rico Government Procurement. Law No. 73 of 23 July 2019.
Citation Language:
(v) Bidder Responsive: Bidder who has submitted a bid and/or proposal to conducted a bidding process and complies with all terms, conditions, specifications and special requirements contained in the Invitation to Auction and its specifications.
Definition:
Yes
Statutory, regulatory, and procedural guidance for bidder responsibility
Responsible Bidder Definition:
Responsible Bidder Definition
Definition:
No
Name:
Commodity Code
Commodity Code:
NAICS
Name:
Competitive Thresholds
Formal/Competitive Sealed Bidding:
$100,000
Citation:
(P. de la C. 2112); 2019, law 73 Article 31(c)
Citation Language:
(c) Formal Auction; Bidding method to be used when acquiring goods, works and non-professional services whose cost exceeds the amount of one hundred thousand dollars ($100,000.00). Said award will be made by the Auction Board to the responsive bidder who has offered the best value. d) Request for Proposals and/or Request for Sealed Proposals and/or _Request for Proposal_ (RFP) Bidding method to be used to acquire goods, works and non-professional services that allows negotiation between the offeror and the Administration, while the proposals received are evaluated. The RFP allows for negotiated purchasing and gives bidders the opportunity to review and modify their offers prior to the award of the _contract_ ; The Administration may request bidders to present their best and final offer. The RFP must contain the parameters that will be used to award the contract. That is, the requirements, terms and conditions, as well as the factors that must be considered in the evaluation for the award of the auction. The negotiation phase will not create an acquired right between the parties. Under this bidding method it will be called a Request for Proposals when the cost of goods, works and non-professional services does not exceed the amount of one hundred thousand dollars ($100,000.00) and the award is made by the Auxiliary Procurement Administration with the approval of the Administrator. The Invitation will be issued by the Auxiliary Procurement Administration. Under this bidding method it will be called a Request for Sealed Proposals when the cost of goods, works and non-professional services exceeds the amount of one hundred thousand dollars ($100,000.00) and the award is made by the Auction Board. The Invitation will be issued by the Auction Board.
Small Purchases/Informal Purchasing:
$15,000; $100,000
Citation 2:
(P. de la C. 2112); 2019, law 73 Article 31
Public Link 2:
Citation Language 2:
(a) Bidding method to be used when acquiring goods, works and non-professional services whose cost does not exceed fifteen thousand dollars ($15,000.00). (Translated) In them it will not be necessary to hold an auction. The Assistant Procurement Administrator or his authorized representative will request a minimum of three (3) quotes from bidders duly registered in the RUL, under the corresponding category. The number of at least three (3) bidders will be subject to there being sufficient supplying firms for the good or service to be purchased. Quotes may be received by telephone, fax, email or any other available means of communication. In those cases in which the minimum number of quotes is not obtained, this will not be an obstacle to proceeding with the purchase; however, the reasons for not obtaining the three (3) quotes must be documented. In the event that a quote has been requested from a particular supplier and they have not responded to the request, it should not be considered as “NO BID” unless their refusal to participate in the tender is stated by the supplier, in writing. Quotes must be received on or before the date and time indicated in the quote request, and the quote record will be completed. The best value quote will be chosen taking into account the totality of the circumstances and the best interests of the Government. Once it is awarded by the Assistant Procurement Administrator, the successful bidder, if he has bid by telephone, must submit his bid under his signature, in writing. The Administrator may use the informal auction method for a complex acquisition whose cost does not exceed fifteen thousand dollars ($15,000.00), when it determines that said method serves the best interests of the Government of Puerto Rico. (b) Informal Auction; Bidding method to be used when acquiring goods, works and non-professional services whose cost exceeds fifteen thousand dollars ($15,000.00), but does not exceed the amount of one hundred thousand dollars ($100,000.00). The Assistant Procurement Administrator or his authorized representative will evaluate the bids and award the bid to the responsive bidder who has offered the best value.
Statutory, regulatory, and procedural guidance for contract claims before a specialized body
Contract Claims Procedure:
Contract Claims Procedure
Status:
Statutory Guidance
Citation:
General Services Administration Act for the 2019 Centralization of Puerto Rico Government Procurement. Law No. 73 of 23 July 2019.
Citation Language:
Article 59.- Powers and Duties of the Review Board. The Board The reviewer shall have the following powers and duties: (a) review and adjudicate any objections to the awards on informal auctions conducted by the Assistant Procurement Administration; (b) review and adjudicate any objections to the awards on formal auctions conducted by the Auction Board; (c) review and adjudicate any challenges to the awards on proposals, made by the Auxiliary Administration of Procurement; (d) review and adjudicate any objections to the awards on sealed proposals or qualifications, made by the Board Auctions; (e) holding hearings for oral arguments; (f) issue any order, request, revocation, order in aid of jurisdiction or in paralysis of the procedures, cease and desist order, or resolution that in law is appropriate in the cases before it and to avoid academic rulings. Any decision issued pursuant to an award shall contain findings of fact and conclusions of law; (g) to resolve the cases brought before its consideration, quickly and efficiently, safeguarding rights procedural and substantive matters of the parties; (h) evaluate the written statements made by the contracting agencies submit to the Administrator and/or the declarations submitted by the Administration in those circumstances where the law or permitting or requiring any procedure other than the outlined in this Act; (i) evaluate certifications and any additional documentation referred to you in connection with purchases of and submit to the Administrator a report detailing any purchase that has departed from the legal and regulatory parameters for purchases during an emergency, within a period not exceeding thirty (30) days after the review of such documentation has been initiated by the Review Board; (j) examine a representative sample of the purchases made during a state of emergency to determine whether the were carried out in accordance with the procedures established by law, and regulations for such situations and whether the goods acquired were in fact necessary during the emergency and could legally be acquired in accordance with procedure. Submit to the Administrator a report detailing any purchase that has deviated from the regulatory parameters for purchases during an emergency declared by the Governor, within a period not exceeding forty-five (45) days after the commencement of the examination of such purchases; (k) in the performance of its review function imposed by this Act, any member of the Board of Review may issue subpoenas requiring the appearance of any official with expert testimony in the matter of discussion, person, witness, deposition, or the presentation of all kinds of evidence in accordance with the law including the delivery of samples or the inspection of products; (l) maintain a complete file documenting the events that occurred in the case; (m) any member of the Review Board may be sworn in; n) demand, through any of its members, compliance with summonses issued by appearing before any Chamber of the Court of First Instance and request that the Court of First Instance order compliance with it. The Court of First Instance shall preference to the course and dispatch of such a petition. The Court of First Instance The court shall have the power to find any party in contempt, for disobedience of such orders. Any person may be prosecuted and convicted of perjury committed by giving false testimony to the Board Reviewer; and (o) any other power, function or duty that this Act or by regulation as assigned to it.
Statutory, regulatory, and procedural guidance for contract claim appeals before a specialized body
Administrative Contract Claims Appeals:
Administrative Contract Claims Appeals
Status:
Statutory Guidance
Citation:
General Services Administration Act for the 2019 Centralization of Puerto Rico Government Procurement. Law No. 73 of 23 July 2019.
Citation Language:
Article 55.- Creation of the Auction Review Board. The Board is created Auction Reviewer, attached to the Administration, which will be quasi-judicial in nature and will be empowered to review any challenge to the determinations or awards made by the Auxiliary Administration of the Area by the Service Administration Auction Board of the Government of Puerto Rico or by the Auction Boards of the Exempt Entities. The Board of Review shall receive from the Administration and the Administration shall provide the Board with the administrative support necessary for the discharge of their functions. However, the Review Board shall have operational autonomy. shall follow the corresponding regulations established by this Law and shall act in accordance with the independent of the Administration and the Auction Board. This Board shall have sufficient technical, legal and administrative staff to carry out the corresponding tasks, including the resources required to carry out its function. Provided that officials or employees of other agencies or agencies, to provide assistance in the work of the Board.
eProcurement:
eProcurement
Platform:
JEDI - Joint E-procurement Digital Intelligence
System Type:
In-House System/Tool
Public Link:
System Name:
JEDI
The rules concerning the size and composition of evaluation committees for formal solicitations
Eval Committees:
Evaluation Committees
Evaluation Team Requirements:
Auction Board comprised of 5 members
Citation:
General Services Administration Act for the 2019 Centralization of Puerto Rico Government Procurement. Law No. 73 of 23 July 2019.
Public Link 1:
Citation Language:
Article 48.- Composition of the Auction Board. The Board of Auctions shall consist of: one (1) President and four (4) members Associated. The members who will make up the Auction Board will be recommended by the following: one (1) member recommended by the Administrator of the General Services Administration; One (1) member recommended by the Office of the Comptroller; one (1) member recommended by the Office of the Inspector General of Puerto Rico; one (1) member recommended by the College of Accountants Puerto Rico Authorized Publics; and, one (1) member recommended by the Financial Advisory Authority and Fiscal Agency (AAFAF). The Governor appoint all the members of the Board and choose the person who shall preside over it. For the confirmation of the members of this Board of Directors, Auctions will require the advice and consent of the Senate of Puerto Rico.
State entity with the statutory authority and oversight for the purchasing of goods and services
Goods and Services Procurement Entity:
Goods and Services Procurement
Entity:
Central Procurement Office
Citation:
General Services Administration Act for the 2019 Centralization of Puerto Rico Government Procurement. Law No. 73 of 23 July 2019.
Citation Language:
Article 10.- Powers and Duties of the Administration. The Administration shall have the following general powers and duties: (a) Create and Manage the necessary information systems and tools available for the Government of Puerto Rico to acquire goods, works and non-professional services at the best possible value; (b) To promote efficiency and economy in the services that the Administration provides to all government entities and citizens in general; c) Take money on loan and grant those contracts and instruments necessary to it; (d) Establish the process in which non-professional goods, works and services are to be be made, purchased, delivered and distributed; Awarding contracts and choose the type of contract to be awarded; (e) Evaluate Programs and standards for developing procedures and methods are periodically developed to reorient the management of the Administration, taking into account consideration of changing needs in the area of services and activities entrusted to it; (f) Prescribe the policy and method for providing maximum utilization of ownership surplus of government agencies, including the ownership of entities of the Executive Branch and public corporations, in accordance with the provisions of applicable law or regulation; (g) With the A firm commitment to highlighting transparency in government management, on the Administration's website, with the advice of the official in charge of the information systems of the Port Government Rico or his representative, all documents related to the publication, holding and awarding of auctions for all public works and procurement by auction of goods and services from all government entities; as well as the municipalities that voluntarily participate in the procedures and/or services set forth in this Law. This space on the website it will be known as the Single Registry of Auctions of the Government of Puerto Rico (RUS) and shall include, but not limited to, the auctions, a description of the auctions, the bidders participating, the dates of the award or cancellation of the auctions, the successful bidders, the price for which the auction was awarded and any other information that the auction may have been awarded. Administration deems necessary. Daily, as new announcements are made opportunities to tender, notification of them must be given in a timely manner. to each of the bidders registered in the RUL, and; (h) Establish any method or procedure necessary to meet the objectives of this Law, compliance with which is mandatory for any entity governmental, exempt entity and/or municipality.
State authority to conduct multistep competitive sealed bidding
Authorization for Multi-Step Competitive Sealed Bidding:
Authorization for Multi-Step Competitive Sealed Bidding
Status:
No Authorization
Name:
Nonprofit Usage of Statewide Contracts
Authorization:
No
Organizational location for the dedicated procurement attorney assigned to assist with and review purchasing and contracts.
Official state procurement website for public
Public Link to Official State Procurement Website:
State Procurement Website
Public Link:
Statutory, regulatory, or procedural guidance for protest appeals before a specialized body
Administrative Protest Appeals:
Administrative Protest Appeals
Status:
Statutory Guidance
Citation:
General Services Administration Act for the 2019 Centralization of Puerto Rico Government Procurement. Law No. 73 of 23 July 2019.
Citation Language:
The Determination final of the Auction Board shall contain findings of fact and Conclusions of law. The party adversely affected by an action, final determination or resolution of the Auction Board may file a appeal for review, in accordance with the provisions of Chapter VIII of this Law.
The required time between the issuance of a formal solicitation and the scheduled opening of bids or proposals
Public Notice:
Public Notice
Formal Solicitation - Minimum Window for Proposals/Bids:
No official guidance
State authority to conduct reverse auctions
Authorization for Reverse Auction:
Authorization for Reverse Auctions
Status:
No Authorization
Official state procurement manual available to public
Public Link to State Procurement Manuals:
State Procurement Manual
Notes:
Does not have one
Awarded contracts as provided by each state
Link to State-Wide Contracts:
State-wide contracts
State-Wide Contracts Link:
Information for suppliers as provided by each state
Link to Supplier Registration:
Supplier Registration
Supplier Registration Link:
State entity with the statutory authority and oversight for the purchasing of technology
Technology Procurement Entity:
Technology Procurement Entity
Entity:
State Central Procurement Office
Citation:
General Services Administration Act for the 2019 Centralization of Puerto Rico Government Procurement. Law No. 73 of 23 July 2019.
Citation Language:
Article 24.- Purchases by the Administration. To achieve considerable savings in the purchasing process, the centralization of government procurement. The Administration will be the only entity authorized to carry out and negotiate the acquisition of goods, works and Non-professional services for Government Entities, as defined in this Law, in accordance with the methods of bidding and exceptional purchases established here. All government entities, regardless of the source of funds for the acquisition (state or federal), will acquire all non-professional goods, works and services through the Administration. In those circumstances where federal law or regulation requires otherwise procedure outlined in this Law, the Administration shall follow the procedure; if this is the case, the Administration will issue a declaration written statement to the Auction Board and/or Review Board describing the laws or applicable federal regulations for the relevant acquisition.
