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KLRA202500011
Tribunal De Apelaciones De Pue...
Mar 26, 2025
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Background

  • The Puerto Rico General Services Administration's Auction Board opened a formal bid (24J-17537-R1) for refrigerators and freezers to support the Department of Health's vaccination program.
  • Salud Para Todos, Inc. (SPT) submitted a bid but the contract was awarded to Bio-Nuclear of Puerto Rico, Inc.
  • SPT challenged the decision, filing a request for administrative review with the Auction Review Board, arguing their bid was compliant and better.
  • The law (Ley Núm. 73-2019) requires adversely affected parties to notify the General Services Administration (ASG), the Auction Board, and the awarded bidder as a jurisdictional prerequisite for review.
  • SPT notified the Auction Board, Review Board, and other bidders via email, but did not notify ASG at its official address per the statutory requirement.
  • The Appeals Court reviewed whether it had jurisdiction in light of this omission, without reaching the merits of the procurement dispute.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Was SPT required to notify the ASG directly per Art. 65 of Ley Núm. 73-2019 to perfect its administrative appeal? SPT argued notification to ASG officials (via their emails) and the Board sufficed; notification to Board was equivalent to ASG; statute only applies to exento entities. ASG and Bio-Nuclear argued statute requires notice specifically to the ASG's official address regardless of who actually runs the auction. Court held direct notice to ASG's official address is a strict jurisdictional requirement; SPT failed to comply, so court lacks jurisdiction.

Key Cases Cited

  • FCPR v. ELA, 211 DPR 521 (2013) (emphasized the privileged, non-waivable nature of jurisdictional requirements)
  • Allied Mgmt. Group v. Oriental Bank, 204 DPR 374 (2020) (discussed the strict handling of jurisdictional issues by courts)
  • Fuentes Bonilla v. ELA, 200 DPR 364 (2018) (provided factors and rules for jurisdictional review and dismissal)
  • Soto Pino v. Uno Radio Group, 189 DPR 84 (2013) (reaffirmed that jurisdictional deadlines are fatal and strictly enforced)
  • Rosario Domínguez v. ELA, 198 DPR 197 (2017) (explained execution of statutory jurisdictional requirements before merits consideration)
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Case Details

Case Name: Salud Para Todos, Incorporado v. Junta Revisora De Subastas De La adm.de
Court Name: Tribunal De Apelaciones De Puerto Rico/Court of Appeals of Puerto Rico
Date Published: Mar 26, 2025
Citation: KLRA202500011
Docket Number: KLRA202500011
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    Salud Para Todos, Incorporado v. Junta Revisora De Subastas De La adm.de, KLRA202500011