Ley 187 del 2007

(No. 187)

(Approved December 12, 2007)

AN ACT

To amend Sections 2, 14, 16 and 17 of Act No. 164 of July 23, 1974, as amended, known as the "General Services Administration Act," to adjust them to the provisions of Act No. 54 of January 4, 2003, and to Act No. 137 of June 9, 2003; and to exclude the Commonwealth Elections Commission from the provisions of the Exclusive Register for Bidders created by virtue of Act No. 85 of June 18, 2002.

STATEMENT OF MOTIVES

Act No. 85 of June 18, 2002, was approved to amend Act No. 164 of July 23, 1974, as amended, known as the "General Services Administration Act" (GSA or Administration), for the GSA to keep an Exclusive Register for Bidders in operation, which is mandatory for the agencies of the Executive Branch for the process of purchasing of goods and services, among other things.

The Statement of Motives of Act No. 85 of June 18, 2002, in addition to indicating that the GSA shall maintain in operations an Exclusive Register for Bidders, states that the same shall also be used by those agencies that, through their enabling acts have been excluded from the Administration Act. It further provides that all suppliers interested in participating in the purchasing processes of the Government of Puerto Rico shall be compelled to submit to the procedure to be registered in the Exclusive Register for Bidders, as established by the Administration through regulations.

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Furthermore, subsection

(v) of Section 14 of Act No. 85 has been amended on several occasions to exclude three (3) government entities: the Ethics in Government Office of Puerto Rico, the University of Puerto Rico, and the Institute of Puerto Rican Culture. In this manner, the Statement of Motives of Act No. 54 of January 4, 2003, establishes that the Ethics in Government Office of Puerto Rico enjoys broad administrative and fiscal independence in accordance with Act No. 12 of July 24, 1985, as amended, known as the "Ethics in Government Act." Act No. 54 also excludes the University of Puerto Rico from the provisions of the GSA Act on the grounds of the administrative autonomy and particular needs of the main learning center of the Island. Moreover, Act No. 137 of June 9, 2003, amends the Act of the Administration to exclude the Institute of Puerto Rican Culture from the provisions regarding the Exclusive Register for Bidders. Said amendment, in accordance with its Statement of Motives, is based on the fact that the Institute has very particular needs due to the nature of the matters with which it is concerned. In this manner, the entities excluded from the provisions of the Exclusive Register for Bidders have adopted regulations that govern the acquisition of goods, services, materials and equipment, among other things, with special attention to their own specific needs.

Act No. 4 of December 20, 1977, as amended, known as the "Puerto Rico Electoral Act," clearly establishes in the last paragraph of its Section 1.004, that the Commonwealth Elections Commission (CEC or Commission) may purchase, contract or lease from private entities any materials, printing, services, premises and equipment, without being subject to the provisions of the "Procurement and Service Act," the "General Services Administration Act," or any other provisions of similar laws. This important exception, which includes the "Electoral Act," responds to the public interest that the CEC organize, structure, direct and supervise the electoral entity and all the procedures that govern in any elections to

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be held in Puerto Rico, free from obstacles or administrative procedures that may unnecessarily hinder or delay the free exercise of the right to vote.

The Commission enjoys a special nature (sui generis) as an entity which cannot be framed within the schemes regularly applied to other agencies of the Government of Puerto Rico. Due to the nature of the functions and purposes that inspired its creation, the Commission enjoys legal, functional and administrative autonomy that release it from the control of other government entities. Therefor, in the exercise of this discretion and administrative independence, it is the Commission itself that regulates the matters pertaining to its operations. To such effects, said agency has norms and procedures approved that guarantee the development of transparent, swift and reliable electoral events within the framework of a regimen of efficiency and sound public administration as well as the supervision of the political parties.

However, doubts have emerged as to whether the CEC is compelled to use the Exclusive Register for Bidders set forth in Act No. 85. This Legislature hereby clearly establishes that, with respect to the Commission, this obligation was not foreseen nor was it the intended result when the Act that created the Register was originally approved. As always, the Commonwealth Elections Commission shall receive the same treatment achieved by other government entities, which by the provision of their enabling Acts and the nature of their services have been excluded from the aforementioned Register. It is also imperative to express that electoral events have dates that are established by law and cannot be postponed.

This Legislature, in consideration of the doubts related to the applicability of the "General Services Administration Act" that may arise from time to time, deems it pertinent to adjust Sections 2, 14, 16 and 17 of Act No. 164 of July 23, 1974, as amended, known as the la "General Services Administration Act," to the amendments to the aforementioned provision. Furthermore, in consideration of the

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particularities of the Commonwealth Elections Commission, it is hereby excluded from the provisions of the aforementioned Act.

BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:

Section 1.- Subsection

(c) of Section 2 of Act No. 164 of July 23, 1974, as amended, known as the "General Services Administration Act," is hereby amended to read as follows: "Section 2.-Definitions

(a) $\quad$.

(c) Executive Branch. Shall mean all the departments, agencies and instrumentalities of the Executive Branch, except public corporations and political subdivisions of the Commonwealth of Puerto Rico, the Ethics in Government Office of Puerto Rico, the University of Puerto Rico, the Institute of Puerto Rican Culture and the Commonwealth Elections Commission."

Section 2.- The second paragraph of subsection

(v) of Section 14 of Act No. 164 of July 23, 1974, as amended, known as the "General Services Administration Act," is hereby amended to read as follows: "Section 14.- Powers

(v) ...

All executive agencies of the Commonwealth of Puerto Rico, except for the Ethics in Government Office of Puerto Rico, the Institute of Puerto Rican Culture, the University of Puerto Rico and the Commonwealth Elections Commission, are bound to use said Register as a prior step in the acquisition of goods and services, with the exception of the special or exceptional circumstances set forth in subsection

(w) of this section, to supply information on the contractors or bidders in the Register to the Administration, as well as about any matter in reference to probable

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noncompliance by such contractors or bidders. The Administration is compelled to supply to all executive agencies or public corporations of the Commonwealth of Puerto Rico with information on the contractual history of any contractor bidder when required to do so by the Office of Acquisitions of the Administration."

Section 3.- The first paragraph of subsection

(a) of Section 16 of Act No. 164 of July 23, 1974, as amended, known as the "General Services Administration Act," is hereby amended to read as follows: "Section 16.- Purchasing, Service and Supplies Program; Regulatory Board

(a) Powers. The Administration shall provide to the agencies, departments and instrumentalities of the Executive Branch, except for the Ethics in Government Office, the University of Puerto Rico, the Institute of Puerto Rican Culture and the Commonwealth Elections Commission, or those that through their organic laws were exempted from the provisions of Act No. 96 of June 29, 1954, as amended, the means of acquiring supplies and nonprofessional services, as well as the means of acquiring and disposing of surplus public property. The Administration may extend any of these services offered by the Purchasing, Service and Supplies Program to that municipality, public corporation, agency, department, instrumentality or any other government body that may request it, even if it is not legally bound to make its purchases through the intervention of the Administration. Should any of said bodies request any services from the Purchasing, Service and Supplies Program, it shall do so in accordance with the regulation to be approved by

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the Administrator for the [implementation] and development of all its powers within said Program. Such powers shall include the following: ..." Section 4.- The first paragraph of Section 17 of Act No. 164 of July 23, 1974, as amended, known as the "General Services Administration Act," is hereby amended to read as follows: "Section 17.- Printing and Copying Center Program The Administration shall provide or authorize other ways of providing printing services to the agencies, departments or instrumentalities of the Executive Branch that request them, with the exception of the Ethics in Government Office, the University of Puerto Rico, the Institute of Puerto Rican Culture and the Commonwealth Elections Commission, and those that by law are expressly authorized to obtain such service without the intervention of the Administration. The Administration may extend printing services to the applicant municipality, public corporation, agency, department, instrumentality or government body, even though they are not legally bound to obtain said services through the intervention of the Administration."

Section 5.- This Act shall take effect immediately after its approval.

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CERTIFICATION

I hereby certify to the Secretary of State that the following Act No. 187 (H.B. 4002) of the $6^{ ext {th }}$ Session of the $15^{ ext {th }}$ Legislature of Puerto Rico:

AN ACT to amend Sections 2, 14, 16 and 17 of Act No. 164 of July 23, 1974, as amended, known as the "General Services Administration Act," to adjust them to the provisions of Act No. 54 of January 4, 2003, and to Act No. 137 of June 9, 2003; and to exclude the Commonwealth Elections Commission from the provisions of the Exclusive Register for Bidders created by virtue of Act No. 85 of June 18, 2002, has been translated from Spanish to English and that the English version is correct.

In San Juan, Puerto Rico, today $31^{ ext {st }}$ of March of 2008.

Francisco J. Domenech Director