All purchases and contracts for supplies or services, with the exception of personal services, executed by the Corporation, including contracts for the construction of works, shall be made through a notice of bids, made with sufficient time prior to the opening of the sealed bidding of proposals so that the Corporation may guarantee an adequate knowledge and opportunity to appear; Provided, That when the estimated sum for the acquisition or work does not exceed twenty-five thousand dollars ($25,000), the same may be conducted without a notice for bids. Likewise, notice for bids shall not be necessary when:
(1) Due to an emergency the immediate delivery of materials, supplies and equipment, or the performance of services is required;
(2) replacement parts, accessories, equipment or supplementary or compatible services are needed for supplies or services previously furnished or contracted;
(3) professional or expert services or work are required and the Corporation deems that for a sound administration, said services or work should be contracted without said notices, or
(4) prices are not subject to competition, because there is only one source of supply, or because they are regulated by law.
Provided, That in such cases, the purchase of materials, supplies and equipment, or the obtaining of said services shall be done in the open market as usually practiced in business.
When comparing proposals and making adjudications, in addition to considering if the bidder has met the specifications, due consideration shall be given to factors such as the capacity of the bidder to carry out construction works of the nature involved in the contract under consideration, the quality and relative adaptability of the materials, supplies or services, the financial accountability of the bidder and his/her expertise, experience, reputation of business integrity an ability to provide repair and conservation services; time of delivery, or performance offered, and if the place where the materials, supplies and equipment are manufactured is located in Puerto Rico.
History —Sept. 12, 1996, No. 216, § 8.