Reglamento 9011

The Emergency Relief Procurement Rule (9011), approved by the Puerto Rico Secretary of State on February 26, 2018, establishes procedures and procurement alternatives for the Puerto Rico Highway and Transportation Authority (PRHTA) to implement the Federal Highway Administration's (FHWA) Emergency Relief (ER) Program. This rule guides PRHTA personnel in obtaining and administering ER funds following major disaster declarations by the President or the Governor, with FHWA concurrence. It applies in lieu of existing PRHTA regulations for negotiated and formal bids, specifically for emergency and certain permanent repairs that require minimal design or have easily defined scopes of work.

The ER Program, authorized by Congress, provides funds from the Highway Trust Fund for repairing or reconstructing Federal-aid highways and Federal Lands roads damaged by natural disasters or catastrophic failures. FHWA administers these funds, which are distinct from other state or federal resources. The program differentiates between emergency repairs, undertaken immediately after a disaster to restore essential traffic or minimize damage, and permanent repairs, which restore highways to their pre-disaster condition. PRHTA's responsibilities include administering ER funds through coordination with FHWA and FEMA, and managing a procurement system that ensures free and open competition among pre-qualified contractors.