Puerto Rico Government Contracting Update Act No. 22-2022, effective as of December 22, 2022, introduced important changes to the procurement
Puerto Rico Government Contracting Update Act No. 22-2022, effective as of December 22, 2022, introduced important changes to the procurement
goods and services by the Government of
Puerto Rico. Specifically, Act 22 replaced Section 3.19 of the Uniform Administrative Procedure Act of the Government of Puerto Rico, Act No. 38-2017, as amended, with a new version which:
- reduces the term to seek reconsideration of a contract award, from
20 to 10 days;
- requires that the relevant entity resolve a motion for reconsideration within 30 days (can be extended up to 15 additional days), and
- replaces the reference to the agencies’ authority to regulate the
process of bid awards with a reference to the Puerto Rico General Services Administration’s authority to regulate the process of bid and RFP awards, underscoring the public policy established under Act No. 73-2019, as amended, in favor of centralizing the Government’s purchases.
Additionally, authorized the PR-GSA to adopt an open market mechanism when using the informal bid procurement method (goods or services over $15,000 but below $100,000). To this end, the PR-GSA adopted Circular Letter No. 2023-02 to regulate the use of such open market mechanism (see https://asgwebpageprodstorage.azureedge.net/media/reglamentos/Carta_Circular_2023-02_-_Modalidad_de_Mercado_Abierto_.pdf).
Among other matters, CL-2023-02 provides that the “purchase by open market” mechanism shall only by available when “specific and defined” goods or services are involved which, by their nature, do not require additional specifications. Those registered with the Uniform Bidders Registry of the Government of Puerto Rico (“RUL”, for its Spanish acronym) will receive notice of any such process. *This post does not constitute legal advice. Readers should contact an attorney to obtain advice with respect to any particular legal matter.