WHEN CALLING AN AUCTION IS NOT NECESSARY

A. On emergency situations, whose circumstances and reasons shall be exposed in writing and approved by the Secretary of the Department, or his authorized representative, and shall take part of the purchase file. Under any circumstance, neither those situations that are not of urgent nature or unforeseen nor those in which should be follow the ordinary steps of purchase pursuant to the provisions of this Regulation, may be considered as an emergency. In these cases, the requesting office shall submit the documentation verifying that the delay on the ordinary steps for purchases responds to totally justified reasons. B. When in the market there is only one qualified supplier who may furnish the supplies or services intended to be acquired. The Auctions Board shall review the explicative memorandum of the requesting unit. C. When the acquisition may be awarded under the same prices, terms and conditions of the Purchase Order or auction performed within the sixty (60) days prior, as long as it is for the benefit of the Department. This subsection only covers the following purchase immediate to the last order. This shall only apply to the Agricultural Services Program of the Department. Said term may be extended to ninety (90) days for the Program of Purchase and Sale of Agricultural Materials. D. When the prices are not subject to competition for being regulated by Law or by a governmental authority. E. When the purchase is executed from any dependency and/or public instrumentality of the Commonwealth of Puerto Rico, United States or any foreign country. F. When replacements parts, accessories, additional equipment, or supplementary services for equipment whose reparation or service are under contract. G. In the event of equipment repair, including motor vehicles or machinery that cannot be moved that are not under contract, or that required to be moved to the possible supplier's repair shop prior to the quotation. When is sent to the exclusive supplier of the brand. H. In the event that the equipment, materials or services requires to be of a specialized nature, or is whished to buy certain type of brand in particular due to the proven service rendered. Due to the economy involved for keeping uniformity in multiples units, replacements parts or due to its superiority on the type or quality of 21 service that shall be obtained with the purchase unit and its conservation, all this shall be recorded on the requisition and be approved by the Secretary or his authorized representative. I. In purchases that shall be executed out of Puerto Rico because any known and qualified supplier in the local market may supply the materials, or services needed, or when the conditions in exterior markets are more advantaged than those in the local market. The Auctions Board shall decide over the explicative memorandum of the requesting unit. Such use shall be governed by acts, norms, administrative brochures and memorandums of the Commonwealth of Puerto Rico currently in force. J. When the purchase is executed according to the applicable provisions for direct purchases, as provided in this Regulation. (Please note the Norms and Procedures Complementary to this Regulation.) K. When it is a purchase of art objects, books and subscriptions, magazines and technical publications to be acquired from the publishing house or its exclusive representative. L. When the purchase is executed against an open order, whose budget is approved by the Secretary or his authorized representative and that are for the term or period within a fiscal year. (Please note Section VI of the Norms and Procedures complementary to this Regulation.) The different programs may make emergency orders up to the amount of $100.00 per order, except for the Agricultural Mechanization Program, whose emergency orders may be made up to $200.00. The Secretary or his authorized representative shall establish the monthly maximum amount. Form DA-DC-12 titled EMERGENCY ORDER - INVOICE shall be used to such purposes. M. Neither office materials, batteries, tires nor equipment may be acquired through an emergency order. It may be used on unforeseen services or garage parts. The property number of the equipment, as well as the license plate in cases of vehicles. A monthly report of such expense shall be sent to the Purchases Office within the next 15 days of the following month in which it was used, to keep an evaluation. N. The scientific and specialized equipment and materials, requested in order to be used in research projects shall be excluded from the auctions process. The researcher in charge of the project shall work with the suppliers on the prices and conditions of the specialized equipment and materials. In cases where various 22 suppliers exist, at least three quotations shall be requested and the lowest quotation, which satisfies the needs of their project, shall be selected. The researcher shall render to the Secretary a report verifying in writing all the steps taken. The supply's requisition shall be justified specifying that such are scientific specialized equipment or material and that its purchase is not governed by the provisions related to auctions contained in this Regulation. 1. The purchases unit shall proceed to generate the purchase order for its final procedure with the priority established to such purposes. 2. The institutional units shall establish the procedures needed for the control and compliance to the regulatory provisions applicable to such type of purchase. O. It may be acquired through a lease mechanisms with a lease purchase plan, as long as all the budgetary requirements are fixed therefor. The Department shall reserve the right of discontinue the payment and to return the equipment due to budget reasons, or when the need for the same ceases. In such purchases, the criteria to determine the need of carrying out a formal or informal auction, shall be the total cost of the article, assuming that the purchase option shall be executed. When auctions are carried out for this type of purchase, it shall be indicated in the auctions invitation. When a contract from the General Services Administration is used, it shall proceed pursuant to the norms established by the Administration. P. In the case of a leasing of equipment, as long as the necessary budgetary arrangements are executed. In such contracts the criteria to determine the need shall be the total cost of the lease and the budgetary impact in the requesting unit. The application must have the authorization of the Secretary, or his authorized representative, prior to the initiation of the procedures for the evaluation and selection of the equipment to be leased.