Genesis Security Services, Inc. v. Municipio Autonomo De Guaynabo
KLRA202400537
Tribunal De Apelaciones De Pue...Oct 8, 2024Background
- Genesis Security Services, Inc. (GSS) filed an administrative review challenging an amended award notification issued by the Guaynabo Municipal Auction Board concerning RFP 23-RFP-004 for a Virtual Surveillance System.
- The award was originally made in favor of Arimar, Inc., but GSS contested the decision, arguing Arimar’s bid was not compliant due to insufficient documentation.
- Upon review, the Auction Board acknowledged Arimar’s deficiency, invalidated the amended award notification, and disqualified Arimar from the procurement process.
- The Board then requested dismissal of GSS’s administrative review, asserting the matter was now moot (academicidad).
- The appellate court reviewed the submissions and proceeded to evaluate whether there remained a live controversy.
Issues
| Issue | Plaintiff's Argument (GSS) | Defendant's Argument (Auction Board) | Held |
|---|---|---|---|
| Whether the court has jurisdiction to review a procurement dispute when the challenged award has been annulled and the bidder disqualified | Arimar’s bid was non-compliant and the initial award must be overturned. | The matter is now moot because Arimar’s award has already been voided and there is no longer a controversy. | The matter is moot; court lacks jurisdiction to hear the case. |
Key Cases Cited
- Moreno Orama v. UPR, 178 DPR 969 (P.R. 2010) (explaining the mootness doctrine in administrative review)
- Com. de la Mujer v. Srio. de Justicia, 108 DPR 715 (P.R. 1980) (defining justiciable controversies)
- ELA v. Aguayo, 89 DPR 552 (P.R. 1958) (explaining exceptions to mootness in judicial review)
- Asoc. Fotoperiodistas v. Rivera Schatz, 180 DPR 920 (P.R. 2011) (outlining doctrines of prudential self-limitation in court review)
- Crespo v. Cintrón, 159 DPR 290 (P.R. 2003) (requirements for ripeness and justiciability)
- San Gerónimo Caribe Project v. ARPe, 174 DPR 640 (P.R. 2008) (what constitutes an academic/moot controversy)
- UPR v. Laborde Torres, 180 DPR 253 (P.R. 2010) (exceptions to mootness)
