Learn Aid LLC v. Departamento De Educacion
KLRA202400560
Tribunal De Apelaciones De Pue...Oct 29, 2024Background
- The case involves two consolidated judicial review challenges (by Learn Aid LLC and Ediciones Santillana, Inc.) to the Puerto Rico Department of Education's (DEPR) award of a curriculum services Request for Proposals (RFP) to SM, Inc., who received the highest technical score.
- The core dispute is over the adequacy of the DEPR's notice of the RFP award, specifically whether it complied with statutory requirements following recent amendments to Puerto Rico's Administrative Procedure Act (LPAU).
- Both plaintiffs allege procedural errors in the DEPR’s notification and contest the timeliness and forum for seeking reconsideration/review of the award decision.
- DEPR admits the notification wasn’t fully consistent with the updated LPAU terms, but claims it planned to correct this by issuing a new notice following the internal guidance and statutory requirements.
- SM, Inc., the awardee, argues for dismissal of the challenges, asserting that either the plaintiffs filed out of time or, if notification was defective, then the court lacks jurisdiction as the review clock never started.
- The court's primary concern is whether it has jurisdiction given the alleged defect in notification, as jurisdiction is a threshold issue that must be addressed before merits can be considered.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the DEPR's RFP award notice adequate under law? | Plaintiffs: Notice did not comply with LPAU timing & procedure. | DEPR: Notice was defective; intended to re-notify using proper terms. | Held: Notice was inadequate, so court lacks jurisdiction. |
| Is the court's jurisdiction triggered by the current notice? | Plaintiffs: Court should review; notification triggered time limits. | SM, Inc.: Without proper notice, jurisdiction is lacking; review is premature. | Held: Jurisdiction not triggered; court cannot consider merits. |
| Does the LPAU's amended procedure apply to this RFP process? | Plaintiffs: Amended terms only apply to ASG, not DEPR-led RFPs. | DEPR: LPAU amendments should be applied to DEPR RFPs per internal & legal guidance. | Held: LPAU requirements apply; notice must comply with amended law. |
| Should the court dismiss and remand for proper notification? | Plaintiffs: Sought review or correct process. | DEPR & SM, Inc.: Sought dismissal due to lack of jurisdiction. | Held: Dismissed and remanded for proper notification by DEPR. |
Key Cases Cited
- R&B Power, Inc. v. Junta de Subasta ASG, 213 DPR _ (Puerto Rico 2024) (jurisdiction is fundamental and must be addressed first)
- Pueblo v. Torres Medina, 211 DPR 950 (Puerto Rico 2023) (duty to examine jurisdiction sua sponte)
- Allied Mgmt. Group v. Oriental Bank, 204 DPR 374 (Puerto Rico 2020) (defective jurisdiction means courts must decline to proceed on the merits)
- PR Eco Park et al. v. Mun. de Yauco, 202 DPR 525 (Puerto Rico 2019) (adequate notice is required to trigger review deadlines in government bid processes)
- R&B Power v. E.L.A., 170 DPR 606 (Puerto Rico 2007) (importance of transparency and proper process in governmental acquisitions)