Maceira Zayas represents contractors, subcontractors, and government agencies in public procurement matters in Puerto Rico and before federal departments in Washington D.C.
The firm advises clients at every stage of the government contracting process: pre-award strategy and bid preparation, proposal review, contract negotiation, performance and modification, claims and disputes, and closeout. We handle bid protests, compliance reviews, organizational conflicts of interest, and suspension and debarment proceedings.
Our practice draws on direct experience inside government. Attorneys at the firm have held positions where they drafted procurement regulations, evaluated competitive bids, and administered contract awards for Puerto Rico agencies. That background shapes how we counsel private sector clients—we understand how procurement decisions are made, not just how they're supposed to be made.
Federal contracts. We advise on compliance with the Federal Acquisition Regulation (FAR), the Defense Federal Acquisition Regulation Supplement (DFARS), Buy America and Buy American Act requirements, small business and set-aside programs, and agency-specific acquisition rules.
Puerto Rico contracts. Our work covers procurements under Act 73-2019 (Procurement Reform), Act 237-2004, the Sole Registry of Bidders (RUL), and the Sole Registry of Service Providers (RUP). We represent clients before Commonwealth agencies, public corporations, municipalities and courts.
Representative matters. The firm has prevailed in multiple bid protests before the Puerto Rico Court of Appeals and successfully defended contract awards at every administrative and appellate level, including the ASG Bid Review Board and the Supreme Court of Puerto Rico. Combined value of matters handled exceeds $400 million. Additional work includes teaming agreements and subcontractor negotiations, compliance program design and internal investigations, and pre-award counseling for first-time government contractors.
Maceira Zayas serves clients from offices in San Juan and Washington D.C.
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FAQ Section for Government Contracts & Procurement Page
Based on my research of the actual laws, regulations, and your existing insights, here are accurate FAQs:
What is Act 73-2019 and why does it matter for government contractors in Puerto Rico?
Act 73-2019, known as the General Services Administration Act for the Centralization of Puerto Rico Government Procurement, consolidated over 200 different procurement regulations into a single framework. The law established the General Services Administration (ASG) as the sole entity authorized to conduct procurement for Commonwealth agencies, created uniform bidding procedures, and introduced the ASG Bid Review Board for administrative challenges. Contractors now follow one set of rules instead of navigating agency-specific requirements.
What is the RUL and do I need to register?
The Registro Único de Licitadores (RUL), or Single Registry of Bidders, is a mandatory registration system administered by Puerto Rico's General Services Administration. Any business seeking to bid on government contracts for goods, non-professional services, or construction must register in the RUL before participating in procurement processes. Registration requires documentation including a certificate of incorporation, ASUME certification, State Insurance Fund certification, financial statements, and municipal patent. Fees vary by entity type—typically $450 for corporations and LLCs.
What is the RUP and how is it different from the RUL?
The Registro Único de Proveedores de Servicios Profesionales (RUP) is a separate registry for professional service providers. While the RUL covers goods, general services, and construction, the RUP applies to professionals such as attorneys, accountants, engineers, architects, and consultants. Under Act 73-2019, professional service contracts are governed by different procedures, and providers must register in the RUP—not the RUL—to contract with government agencies.
How do I challenge a contract award in Puerto Rico?
Under Act 73-2019, a party adversely affected by an award decision has 20 days from the date of mailing of the award notice to file a request for review before the ASG Bid Review Board. The Review Board is a quasi-judicial body with operational autonomy that reviews challenges to procurement determinations. If the administrative process does not resolve the dispute, parties may appeal to the Puerto Rico Court of Appeals and, ultimately, the Supreme Court of Puerto Rico.
What is 2 CFR Part 200 and when does it apply?
2 CFR Part 200, known as the Uniform Guidance, sets federal requirements for procurement under grants and cooperative agreements. It applies when Puerto Rico agencies or contractors use federal funds—including FEMA disaster recovery funds, HUD CDBG-DR grants, and DOE infrastructure awards. The regulation establishes procurement methods (micro-purchases, simplified acquisitions, sealed bids, competitive proposals), conflict-of-interest standards, and documentation requirements. Non-federal entities must maintain written procurement procedures that comply with Part 200.
What is the Build America, Buy America Act and how does it affect Puerto Rico projects?
The Build America, Buy America Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act in 2021, requires that all iron, steel, manufactured products, and construction materials used in federally funded infrastructure projects be produced in the United States. The requirement applies to any federal financial assistance for infrastructure obligated after May 14, 2022. Puerto Rico projects funded by FEMA, DOE, DOT, or other federal agencies must comply unless a waiver is obtained based on public interest, non-availability, or unreasonable cost.
What federal procurement regulations apply to contracts with U.S. agencies?
Federal contracts are governed by the Federal Acquisition Regulation (FAR), codified at 48 CFR. Defense-related contracts also follow the Defense Federal Acquisition Regulation Supplement (DFARS). These regulations cover everything from contractor qualifications and small business set-asides to cost accounting standards and contract disputes. The Contract Disputes Act provides the framework for resolving claims on federal contracts, with appeals to agency Boards of Contract Appeals or the U.S. Court of Federal Claims.
Can a bid protest stop my contract from moving forward?
Not automatically. Under Act 73-2019, filing a challenge before the ASG Bid Review Board does not suspend contract execution or performance. The agency may proceed unless the Review Board specifically orders otherwise. If the protest moves to court, the challenging party must file an auxilio de jurisdicción—a preliminary injunctive measure—to paralyze the contract. Courts evaluate these requests under traditional injunctive relief standards, including likelihood of success, irreparable harm, and the public interest. Without a granted auxilio de jurisdicción, the awardee and agency may continue with contract execution while the challenge is resolved.
