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