Agencia:
Administración de Servicios Generales
Número:
2207
Estado:
Activo
Año:
1976
Fecha:
29 de junio de 1976
This regulation, issued by the General Services Administration of the Commonwealth of Puerto Rico on December 29, 1976, establishes the procedures for addressing challenges and reviews concerning public bids for government purchasing and contracting services. Based on Act Number 164 of July 23, 1974, its primary goal is to define the process for bidders, the Administration, and delegated agencies when an interested party files a petition. The document outlines two main types of petitions: "Impugnation," which challenges bid terms with the Assistant Administrator, and "Review," which seeks reevaluation of decisions by the Board of Awards or Assistant Administrator before the Board of Review. The Board of Review, consisting of at least three members appointed by the Administrator, serves as the ultimate authority for these appeals. It convenes as needed, with decisions made by a majority vote of members present. The Board's jurisdiction specifically covers the review of decisions made by the Assistant Administrator regarding bid invitations. However, it explicitly excludes the review of standard specifications approved by the Governing Board under the Purchase & Supply Act. This framework ensures a structured process for dispute resolution in government procurement.
No. 207 2207
REGULATION OF THE BOARD OF DECEMBER 29, 1976 OF THE GENERAL SERVICES ADMINISTRATION 3:30 P.M. OF THE COMMONWEALTH OF PUERTO RICO
JUAN A. ALBORS Secretary of State
Section 1. - Legal Basis
Assistant Secretary of State
Act Number 164 of July 23, 1974, article 14, Subdivisions
(h) and
(j) , and article 28.
Section 2. - Purpose
This Regulation is hereby promulgated with the purpose of establishing the procedure to be followed by the bidders, the General Services Administration, and all Government departments or agencies on whom the Administrator delegates the purchasing and/or contracting of services (in accordance with applicable laws) in relation to actions that any interested party may file with the Board. It also establishes the procedures to be followed by the Board itself.
Section 3. - Definition of Terms
A. Administrator—The Administrator of the General Services Administration.
B. Assistant Administrator—Anyone of the Assistant Administrators of the General Services Administration as well as any officer or employee of any department or agency on whom the Administrator delegates the purchasing of supplies and property and/or contracting of services in accordance with applicable laws.
C. Board of Review—The Board of Review of the General Services Administration.
D. Board of Awards- The Board of Awards of the General Services Administration or any similar body of any department or agency on which the Administrator may delegate the right to perform duties inherent to such Board. E. Impugnation- Petition filed with the Assistant Administrator, (as this term is defined in this Regulation) requesting review on one or more of the terms, requisites or aspects of the descriptions used on a public bid. F. Review- Petition filed with the Board of Review requesting a reevaluation of any decision given by the Board of Awards or by the Assistant Administrator. G. Interested Party- Any bidder who participates or is interested in participating in the impgned bid; as well as that government agency affected by the petition, decision or resolution. H. Challenging Party- Any party who files one of the petitions permitted by this Regulation. I. Intervening Party- Any interested party who may be affected by a decision on a petition made by another party and files his intention to participate in the proceedings of the petition. J. Affected Party- In cases where a petition of impugnation or review has been filed, this term means: the Assistant Administrator concerned; the department or agency which originates the purchase request; the Board of Awards; and the successful bidder or bidders. K. Decision- Opinion rendered by the Assistant Administrator by the Board of Awards or any award made by said Board.
L. Resolution- Final opinion rendered by the Board or Review.
M. Day- Any calendar Day. In computing a specific term, if such term falls due on a holiday Saturday or Sunday the term shall be extended on to the nearest working day. A half-day holiday shall be considered a legal holiday in its entirety.
Section 4. - The Board of Review
The Board of Review shall consist of as many members as the Administrator deems necessary but never of less than three (3). The Administrator shall appoint the President and the Secretary of the Board as well as the other members and he may appoint substitutes to cover for absences of any of the regular members.
Section 5. Meetings
The Board of Review shall meet as many times as it may determine necessary for the consideration of matters submitted thereto or when the Administrator request the Board to convene in order to consider matters referred by him. The members shall attend the meeting personally and a majority of the members shall constitute quorum. The decisions shall be reached by majority vote of the members present at the meeting.
Section 6. - Jurisdiction
The Board of Review shall have jurisdiction over the following matters:
A. Review of decisions made by the Assistant Administrator with respect to impugnations of invitations to bid, except that no review may be requested against standard specifications approved by the Governing Board created by Act 96, approved on June 29, 1954, as amended, known as Purchase & Supply Act.
B. Review of the decisions of the Board of Awards.
C. Any subject matter that the Administrator may deem advisable to file with the Board.
Section 7. - Matters that may be brought upon the Board of Review
A. Impugnation of Invitation to Bid
Any interested party in disagreement with any term or condition of any invitation to bid issued by the Assistant Administrator may file a petition of review of Invitation to Bid with the Assistant Administrator and may file a petition of review of his decision with the Board of Review.
B. Review of Awards
Any challenging or intervening party may file with the Board of Review a request for review of any bid awarded by the Board of Awards.
Section 8. - Time Limits and Procedure for Impugnation
Impugnation or invitation to bid must be filed within the terms and conditions that follow:
A. With the Assistant Administrator, not later than five (5) days after its mailing date. Any petition mailed or delivered to the Assistant Administrator after the term expires will be rejected.
B. Shall consist of:
A detailed statement of all the facts, indicating the item, items, or specific section of the invitation to bid, the description of which is being impugned.
The reasons and specific arguments on which the impugnation is based, including the necessary documentary evidence which show and prove that the allegations made to impugn the invitation to bid are valid and true.
Commonwealth of Puerto Rico General Services Administration Impugnation of Invitation to Bid Petitioner Case No. Address Bid No. Section 9. - Procedure for Impugnation A. The Assistant Administrator will determine the validity of the impugnation and decide on its merits. B. The Assistant Administrator must deliver his decision in writing within the ten (10) days following the date of the receipt of the petition. This period may be extended by the Assistant Administrator under extraordinary circumstances or when special studies or extraordinary effort is required in order to make a right decision, in which case the Assistant Administrator will notify in writing all parties concerned. C. The decision rendered on the callenging party's issues will be notified to the interested parties by mail, and posted on a bulletin board, in order that any affected party may file its petition of review with the Board within a term of ten (10) days from the mailing date of the decision.
Section 10. - Procedure for Petitioning Review A. Actions authorized
Petitions may be submitted to the Board for review of:
The challenging party interested in filing with the Board any action of the types authorized by this Regulation must do so by filing with the Board a written petition of review in original and two (2) copies. Said petition shall be delivered to the Board's Secretary office located at the General Services Administration Building, within ten (10) days from the date the decision is mailed by the Assistant Administrator or by the Board of Awards. Copy of the petition must be furnished to each one of the affected parties. Thechallenging party, at the moment of delivery or mailing of the petition for review to the Board of Review, must also notify the Assistant Administrator concerned or the Board of Awards of said action either by personal, written or telegraphic message.
Failure to notify affected parties, could be enough cause, if the Board of Review so determines for rejectionof the petition.
The Board must resolve within the shortest possible time. C. Exceptions
Petitions permitted under this section shall not be considered if one or more of the following conditions prevail:
The petition to review must be hand-printed or typewritten and shall be prepared as follows:
Commonwealth of Puerto Rico General Services Administration Board of Review
Petitioner Register No. Review of Bid. No. 2. The inside pages shall contain the following: a. Basis for claiming recognition as an interested party. b. A detailed statement of all the facts concerning the case, including documentary evidence, allegations and reasons for filing of the petition. c. When a petition of review of award is filed, it must indicate the item or specific items for which revision is requested. d. A clear indication of the remedial or specific action requested from the Board. e. Certification to the effect that a copy of the petition was filed with each and everyone of the affected parties.
f. The signature of challenging party must appear at the end of the petition. If the challenging party is a partnership the petition must be signed by a managing partner. In the case of a corporation, it must be signed by one of its authorized officials. If the petition is filed by the legal representative, the signature of said legal representative shall be enough.
Section 11. Additional Requirements of the challenging and Intervening Parties:
A. The Board of Review may require from the challenging or intervening party or both, furnish a warranty by either the posting of a bond issued by an insurance company authorized to conduct business in the Commonwealth of Puerto Rico, or a certified check money order payable to the Secretary of the Treasury. Said warranty shall respond for any increase in costs for which the Government may stand liable:
Because of the delay in the process and completion of a purchase, if the Board determines that the action filed was untenable or frivolous.
If after a favorable resolution is rendered, the challenging or intervening party refuses to maintain the original bid offer.
Challenging parties unable to maintain the original bid offer must withdraw its petition in order to preclude losses or damage to the public interest.
Section 12.- Right to Intervene in Proceedings
Any affected party may intervene in a petition filed with the Board in order to establish its position with regards to the petition. It may do so by filing with the Board, withing ten
(10) days after receipt of a copy of the Petition to Review, its Statement of Intervention of Affected Party. The affected party must comply with all the requisites established in Section 10 (D) of this Regulation.
Section 13- Duties of the Board of Awards and/or the Assistant Administrator
The Board of Awards and/or the Assistant Administrator whose decision is being appealed to the Board of Review, will have ten (10) days after the receipt of a copy of the Petition to Review Decision, to file with the Board his reply, indicating the argumentation and points of view regarding the statements included in the petition of review. Copies of his reply must be furnished to all affected parties.
Section 14. - Duties and Faculties of the Board of Review
A. Register of Petitions of Review
The Board shall keep a Register of Reviews where the appeals filed with the Board are entered following the order of receipt, and shall assign a register number to each one of them. Each case shall be identified by this register number from its inception to its final disposition.
B. Hearings
C. Technical Advice
In order to obtain all the necessary elements of judgement as well as proper advice and to fully fulfil its functions, the Board may request the advice, aid and cooperation of departments, agencies, laboratory services and governmental or private technicians.
D. Resolutions
The Board shall express in its resolutions all the factual and legal conclusions that sustain the resolution. The resolutions of the Board shall be final.
The Board shall keep in its files the original text of its resolutions, and shall mail a copy to each one of the affected parties.
The final resolutions issued by the Board on any action will affect only the case under its consideration and shall not constitute, for the purpose of the parties, precedent for future resolutions.
E. Notifications of Resolutions
The resolutions of the Board of Review must be notified to the parties as soon as possible.
Section 15. - Effects of Petitions
The actions filed pursuant to the provisions of this Regulation interrupt any further action on the case appealed until final decision or resolution is rendered. In the event that an emergency arises in which the requisitioning department or agency feels that a given program or service may be adversely affected, only the Board (subject to justification by the requisitioner) is empowered to authorize the purchase of supplies or services needed during a reasonable length of time until the case is resolved.
Section 16. - Abuse of the Impugnation and Review Process
A. The Board of Review shall determine those cases in which the petition filed is frivolous or untenable.
B. The Board of Review may order the suspension from the Approved Vendor List established by Regulation No. 2, which regulates purchases under Act. No. 96 of June 29 1954, as amended, the name of any bidder found to have filed frivolous or untenable actions. The Board shall determine the duration of the suspension which shall not be less than six (6) months or more than two (2) years.
Section 17. - Derogation
This Regulation supersedes Regulation number 1 of May 31, 1973 of the Board of Review.
However, all petitions for impugnation or review filed prior to the effective date of this Regulation shall continue to be governed by the previous Regulation.
Section 18. - Effective Date
This Regulation shall take effect thirty (30) days after its filing with the Department of State of the Commonwealth of Puerto Rico in accordance with the provisions of Act number 112 of June 30, 1957 as amended.
San Juan, Puerto Rico at this 22 day of October, 1976
Francisco Osménez Mercado Administrator
Agencia:
Administración de Servicios Generales
Número:
2207
Estado:
Activo
Año:
1976
Fecha:
29 de junio de 1976
This regulation, issued by the General Services Administration of the Commonwealth of Puerto Rico on December 29, 1976, establishes the procedures for addressing challenges and reviews concerning public bids for government purchasing and contracting services. Based on Act Number 164 of July 23, 1974, its primary goal is to define the process for bidders, the Administration, and delegated agencies when an interested party files a petition. The document outlines two main types of petitions: "Impugnation," which challenges bid terms with the Assistant Administrator, and "Review," which seeks reevaluation of decisions by the Board of Awards or Assistant Administrator before the Board of Review. The Board of Review, consisting of at least three members appointed by the Administrator, serves as the ultimate authority for these appeals. It convenes as needed, with decisions made by a majority vote of members present. The Board's jurisdiction specifically covers the review of decisions made by the Assistant Administrator regarding bid invitations. However, it explicitly excludes the review of standard specifications approved by the Governing Board under the Purchase & Supply Act. This framework ensures a structured process for dispute resolution in government procurement.
No. 207 2207
REGULATION OF THE BOARD OF DECEMBER 29, 1976 OF THE GENERAL SERVICES ADMINISTRATION 3:30 P.M. OF THE COMMONWEALTH OF PUERTO RICO
JUAN A. ALBORS Secretary of State
Section 1. - Legal Basis
Assistant Secretary of State
Act Number 164 of July 23, 1974, article 14, Subdivisions
(h) and
(j) , and article 28.
Section 2. - Purpose
This Regulation is hereby promulgated with the purpose of establishing the procedure to be followed by the bidders, the General Services Administration, and all Government departments or agencies on whom the Administrator delegates the purchasing and/or contracting of services (in accordance with applicable laws) in relation to actions that any interested party may file with the Board. It also establishes the procedures to be followed by the Board itself.
Section 3. - Definition of Terms
A. Administrator—The Administrator of the General Services Administration.
B. Assistant Administrator—Anyone of the Assistant Administrators of the General Services Administration as well as any officer or employee of any department or agency on whom the Administrator delegates the purchasing of supplies and property and/or contracting of services in accordance with applicable laws.
C. Board of Review—The Board of Review of the General Services Administration.
D. Board of Awards- The Board of Awards of the General Services Administration or any similar body of any department or agency on which the Administrator may delegate the right to perform duties inherent to such Board. E. Impugnation- Petition filed with the Assistant Administrator, (as this term is defined in this Regulation) requesting review on one or more of the terms, requisites or aspects of the descriptions used on a public bid. F. Review- Petition filed with the Board of Review requesting a reevaluation of any decision given by the Board of Awards or by the Assistant Administrator. G. Interested Party- Any bidder who participates or is interested in participating in the impgned bid; as well as that government agency affected by the petition, decision or resolution. H. Challenging Party- Any party who files one of the petitions permitted by this Regulation. I. Intervening Party- Any interested party who may be affected by a decision on a petition made by another party and files his intention to participate in the proceedings of the petition. J. Affected Party- In cases where a petition of impugnation or review has been filed, this term means: the Assistant Administrator concerned; the department or agency which originates the purchase request; the Board of Awards; and the successful bidder or bidders. K. Decision- Opinion rendered by the Assistant Administrator by the Board of Awards or any award made by said Board.
L. Resolution- Final opinion rendered by the Board or Review.
M. Day- Any calendar Day. In computing a specific term, if such term falls due on a holiday Saturday or Sunday the term shall be extended on to the nearest working day. A half-day holiday shall be considered a legal holiday in its entirety.
Section 4. - The Board of Review
The Board of Review shall consist of as many members as the Administrator deems necessary but never of less than three (3). The Administrator shall appoint the President and the Secretary of the Board as well as the other members and he may appoint substitutes to cover for absences of any of the regular members.
Section 5. Meetings
The Board of Review shall meet as many times as it may determine necessary for the consideration of matters submitted thereto or when the Administrator request the Board to convene in order to consider matters referred by him. The members shall attend the meeting personally and a majority of the members shall constitute quorum. The decisions shall be reached by majority vote of the members present at the meeting.
Section 6. - Jurisdiction
The Board of Review shall have jurisdiction over the following matters:
A. Review of decisions made by the Assistant Administrator with respect to impugnations of invitations to bid, except that no review may be requested against standard specifications approved by the Governing Board created by Act 96, approved on June 29, 1954, as amended, known as Purchase & Supply Act.
B. Review of the decisions of the Board of Awards.
C. Any subject matter that the Administrator may deem advisable to file with the Board.
Section 7. - Matters that may be brought upon the Board of Review
A. Impugnation of Invitation to Bid
Any interested party in disagreement with any term or condition of any invitation to bid issued by the Assistant Administrator may file a petition of review of Invitation to Bid with the Assistant Administrator and may file a petition of review of his decision with the Board of Review.
B. Review of Awards
Any challenging or intervening party may file with the Board of Review a request for review of any bid awarded by the Board of Awards.
Section 8. - Time Limits and Procedure for Impugnation
Impugnation or invitation to bid must be filed within the terms and conditions that follow:
A. With the Assistant Administrator, not later than five (5) days after its mailing date. Any petition mailed or delivered to the Assistant Administrator after the term expires will be rejected.
B. Shall consist of:
A detailed statement of all the facts, indicating the item, items, or specific section of the invitation to bid, the description of which is being impugned.
The reasons and specific arguments on which the impugnation is based, including the necessary documentary evidence which show and prove that the allegations made to impugn the invitation to bid are valid and true.
Commonwealth of Puerto Rico General Services Administration Impugnation of Invitation to Bid Petitioner Case No. Address Bid No. Section 9. - Procedure for Impugnation A. The Assistant Administrator will determine the validity of the impugnation and decide on its merits. B. The Assistant Administrator must deliver his decision in writing within the ten (10) days following the date of the receipt of the petition. This period may be extended by the Assistant Administrator under extraordinary circumstances or when special studies or extraordinary effort is required in order to make a right decision, in which case the Assistant Administrator will notify in writing all parties concerned. C. The decision rendered on the callenging party's issues will be notified to the interested parties by mail, and posted on a bulletin board, in order that any affected party may file its petition of review with the Board within a term of ten (10) days from the mailing date of the decision.
Section 10. - Procedure for Petitioning Review A. Actions authorized
Petitions may be submitted to the Board for review of:
The challenging party interested in filing with the Board any action of the types authorized by this Regulation must do so by filing with the Board a written petition of review in original and two (2) copies. Said petition shall be delivered to the Board's Secretary office located at the General Services Administration Building, within ten (10) days from the date the decision is mailed by the Assistant Administrator or by the Board of Awards. Copy of the petition must be furnished to each one of the affected parties. Thechallenging party, at the moment of delivery or mailing of the petition for review to the Board of Review, must also notify the Assistant Administrator concerned or the Board of Awards of said action either by personal, written or telegraphic message.
Failure to notify affected parties, could be enough cause, if the Board of Review so determines for rejectionof the petition.
The Board must resolve within the shortest possible time. C. Exceptions
Petitions permitted under this section shall not be considered if one or more of the following conditions prevail:
The petition to review must be hand-printed or typewritten and shall be prepared as follows:
Commonwealth of Puerto Rico General Services Administration Board of Review
Petitioner Register No. Review of Bid. No. 2. The inside pages shall contain the following: a. Basis for claiming recognition as an interested party. b. A detailed statement of all the facts concerning the case, including documentary evidence, allegations and reasons for filing of the petition. c. When a petition of review of award is filed, it must indicate the item or specific items for which revision is requested. d. A clear indication of the remedial or specific action requested from the Board. e. Certification to the effect that a copy of the petition was filed with each and everyone of the affected parties.
f. The signature of challenging party must appear at the end of the petition. If the challenging party is a partnership the petition must be signed by a managing partner. In the case of a corporation, it must be signed by one of its authorized officials. If the petition is filed by the legal representative, the signature of said legal representative shall be enough.
Section 11. Additional Requirements of the challenging and Intervening Parties:
A. The Board of Review may require from the challenging or intervening party or both, furnish a warranty by either the posting of a bond issued by an insurance company authorized to conduct business in the Commonwealth of Puerto Rico, or a certified check money order payable to the Secretary of the Treasury. Said warranty shall respond for any increase in costs for which the Government may stand liable:
Because of the delay in the process and completion of a purchase, if the Board determines that the action filed was untenable or frivolous.
If after a favorable resolution is rendered, the challenging or intervening party refuses to maintain the original bid offer.
Challenging parties unable to maintain the original bid offer must withdraw its petition in order to preclude losses or damage to the public interest.
Section 12.- Right to Intervene in Proceedings
Any affected party may intervene in a petition filed with the Board in order to establish its position with regards to the petition. It may do so by filing with the Board, withing ten
(10) days after receipt of a copy of the Petition to Review, its Statement of Intervention of Affected Party. The affected party must comply with all the requisites established in Section 10 (D) of this Regulation.
Section 13- Duties of the Board of Awards and/or the Assistant Administrator
The Board of Awards and/or the Assistant Administrator whose decision is being appealed to the Board of Review, will have ten (10) days after the receipt of a copy of the Petition to Review Decision, to file with the Board his reply, indicating the argumentation and points of view regarding the statements included in the petition of review. Copies of his reply must be furnished to all affected parties.
Section 14. - Duties and Faculties of the Board of Review
A. Register of Petitions of Review
The Board shall keep a Register of Reviews where the appeals filed with the Board are entered following the order of receipt, and shall assign a register number to each one of them. Each case shall be identified by this register number from its inception to its final disposition.
B. Hearings
C. Technical Advice
In order to obtain all the necessary elements of judgement as well as proper advice and to fully fulfil its functions, the Board may request the advice, aid and cooperation of departments, agencies, laboratory services and governmental or private technicians.
D. Resolutions
The Board shall express in its resolutions all the factual and legal conclusions that sustain the resolution. The resolutions of the Board shall be final.
The Board shall keep in its files the original text of its resolutions, and shall mail a copy to each one of the affected parties.
The final resolutions issued by the Board on any action will affect only the case under its consideration and shall not constitute, for the purpose of the parties, precedent for future resolutions.
E. Notifications of Resolutions
The resolutions of the Board of Review must be notified to the parties as soon as possible.
Section 15. - Effects of Petitions
The actions filed pursuant to the provisions of this Regulation interrupt any further action on the case appealed until final decision or resolution is rendered. In the event that an emergency arises in which the requisitioning department or agency feels that a given program or service may be adversely affected, only the Board (subject to justification by the requisitioner) is empowered to authorize the purchase of supplies or services needed during a reasonable length of time until the case is resolved.
Section 16. - Abuse of the Impugnation and Review Process
A. The Board of Review shall determine those cases in which the petition filed is frivolous or untenable.
B. The Board of Review may order the suspension from the Approved Vendor List established by Regulation No. 2, which regulates purchases under Act. No. 96 of June 29 1954, as amended, the name of any bidder found to have filed frivolous or untenable actions. The Board shall determine the duration of the suspension which shall not be less than six (6) months or more than two (2) years.
Section 17. - Derogation
This Regulation supersedes Regulation number 1 of May 31, 1973 of the Board of Review.
However, all petitions for impugnation or review filed prior to the effective date of this Regulation shall continue to be governed by the previous Regulation.
Section 18. - Effective Date
This Regulation shall take effect thirty (30) days after its filing with the Department of State of the Commonwealth of Puerto Rico in accordance with the provisions of Act number 112 of June 30, 1957 as amended.
San Juan, Puerto Rico at this 22 day of October, 1976
Francisco Osménez Mercado Administrator