Bridge Segurity Services Inc v. Junta De Subastas Para Compras Y Suminis
KLRA202400452
Tribunal De Apelaciones De Pue...Oct 31, 2024Background
- Bridge Security Services, Inc. challenged the award of a private security services contract (Subasta 2024-003) by the Universidad de Puerto Rico en Carolina to Unique Security Corp.
- Bridge Security claimed procedural defects in the award process and argued the awardee lacked the requisite experience and solvency.
- After an initial flawed notification leading to dismissal, the Subasta Board re-issued the award notification, maintaining Unique Security as the winning bidder.
- Bridge Security again sought review, asserting improper notice, retaliation for prior challenges, denial of administrative records, and non-compliance with University procurement regulations.
- The Appellate Panel dismissed Bridge Security's challenge, holding it lacked jurisdiction due to defective notification, meaning the judicial review period had not started.
Issues
| Issue | Bridge Security's Argument | Subasta Board/Unique Security's Argument | Held |
|---|---|---|---|
| Improper award to Unique Security | Unique lacked 3 years' experience; Bridge should have won | Unique satisfied bid requirements; more economical | Panel: Lacks jurisdiction due to defective notice |
| Retaliation against Bridge Security | Board discriminated for prior judicial challenge | Board acted fairly, based on bid criteria | Panel: Did not reach merits |
| Denial of access to administrative record | Was not provided copy of full file | Not addressed substantively | Panel: Did not reach merits |
| Failure to follow notification procedures | Board did not use proper, certified notice | Board complied with practical notification | Panel: Notification was defective |
Key Cases Cited
- Pueblo v. Rios Nieves, 209 D.P.R. 264 (P.R. 2022) (courts must independently ensure jurisdiction before proceeding)
- Caribbean Communications v. Policia de P.R., 176 D.P.R. 978 (P.R. 2009) (administrative procedures for public bidding in Puerto Rico are flexible but must provide due process)
- Maldonado v. Junta Planificación, 171 D.P.R. 46 (P.R. 2007) (rulings without jurisdiction are null)
- L.P.C. & D., v. A.C., 149 D.P.R. 869 (P.R. 1999) (agency decisions must be sufficiently reasoned to allow judicial review)
- Hernández v. Secretario, 164 D.P.R. 390 (P.R. 2005) (procedural due process guarantees in administrative proceedings)