Ley 49 del 2001
Resumen
Esta ley enmienda la Ley Núm. 31 de 21 de mayo de 2001 para clarificar la intención legislativa con respecto a los procedimientos de licitación, impugnaciones y reconsideraciones de la Oficina de Ética Gubernamental (OEG). La ley busca corregir un error técnico en la Ley Núm. 31 que alteró los procesos de adquisición de la OEG, restableciendo que la OEG se regirá por sus propios reglamentos internos en lugar de los reglamentos de la Oficina del Contralor, reconociendo su autonomía fiscal y administrativa. La ley tiene efecto retroactivo al 21 de mayo de 2001.
Contenido
(No. 49)
(Approved July 3, 2001)
AN ACT
To amend Section 2 of Act No. 31 of May 21, 2001, in order to clarify the legislative intent regarding bidding procedures, challenges and reconsiderations of the Government Ethics Office; and provide for its retroactive effectiveness to May 21, 2001.
STATEMENT OF MOTIVES
Act No. 31 of May 21, 2001, repealed Act No. 111 of June 30, 2000, known as the Uniform Procurement Standards Act for the Executive Branch, and directed that an analysis be conducted to identify methods and systems for the procurement of goods and services to protect the public interest. Said Act No. 31 responded to the legislative intention to immediately begin a reform process to serve as basis for a simple, coherent and effective law that would promote transparency in all processes for the procurement of goods and services in the Commonwealth of Puerto Rico.
Although Act No. 31 has among its objectives to restore the code of laws in effect prior to the approval of Act No. 111, a technical error in its Section 2 introduced a provision that had the effect of altering the procurement processes in the Government Ethics Office (OEG, Spanish acronym). It is the objective of this Legislature to clarify the legislative intent regarding this matter.
Prior to the approval of Act No. 111, the procurement processes of the OEG were governed by its by-laws. Likewise, said Act No. 111 exempted
said Agency from its provisions, in consideration of its fiscal and administrative autonomy. In fact, since the approval of Act No. 111, the Legislature considered that the Commonwealth of Puerto Rico Ethics in Government Act, Act No. 12 of July 24, 1985, as amended, excluded the OEG from the General Services Administration Act, Act No. 164 of July 23, 1974, as amended, and the Government Accounting Act of Puerto Rico, Act No. 230 of July 23, 1974, as amended. That is to say, since 1985, the OEG as an entity that enjoys administrative and fiscal autonomy governs its procurement processes through its by-laws. Due to a technical error in the drafting of Act No. 31, Section 2 of said Act provides that the OEG shall be governed by the Procurement regulations of the Office of the Comptroller.
This Legislature deems it is necessary to correct the abovementioned mistake and harmonize the text of Act No. 31 with the legislative intention that motivated it. It is pertinent to indicate that it was never the legislative intent to alter the administrative processes performed by the OEG, nor to subject the same to the Office of the Comptroller.
BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:
Section 1.- Section 2 of Act No. 31 of May 21, 2001, is hereby amended to read as follows: "Section 2.- Bidding, Challenges and Reconsideration Procedures The bidding, challenges and reconsideration procedures in all agencies, departments, instrumentalities and government bodies attached to the Executive Branch and in public corporations shall be conducted pursuant to the legislation and regulations in effect prior to the approval of Act No. 111 of June 30, 2000."
Section 3.- This Act shall take effect retroactively to May 21, 2001.
CERTIFICATION
I hereby certify to the Secretary of State that the following Act No. 49 (S.B. 615) of the $1^{ ext {st }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Section 2 of Act No. 31 of May 21, 2001, in order to clarify the legislative intent regarding bidding procedures, challenges and reconsiderations of the Government Ethics Office; and provide for its retroactive effectiveness to May 21, 2001, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $30^{ ext {th }}$ of June of 2004.
Elba Rosa Rodríguez-Fuentes Director