The Puerto Rico Court of Appeals recently dismissed an appeal from Transporte Rodríguez Asfalto, Inc. (TRA) concerning a municipal asphalt procurement bid. The court ruled that TRA's appeal was filed prematurely, as the notification from the Junta de Subastas del Municipio Autónomo de Las Marías (the Junta) did not meet legal requirements. This ruling highlights the importance of proper notification in public bidding processes.

The case, officially titled Transporte Rodríguez Asfalto, Inc. v. Junta De Subastas Del Municipio Autónomo De Las Marías; A&M Solutions, LLC, was filed under docket number TA2026RA00299. The ruling came on June 5, 2026, and was issued by a panel of judges including President Judge Hernández Sánchez and Judges Rivera Torres and Marrero Guerrero.

Background

In March 2026, the municipality of Las Marías announced a public bidding process for asphalt procurement. TRA and A&M Solutions, LLC were the only two companies that participated in the bidding held on April 8, 2026. After evaluating the proposals, the Junta awarded the contract to A&M Solutions on May 20, 2026, citing their favorable pricing.

TRA contested this decision, arguing that the Junta's notification of non-adjudication was flawed. They claimed it failed to properly inform them of their right to seek judicial review, which they argued violated their due process rights. TRA filed their appeal on June 3, 2026, shortly after the Junta's notification.

The Ruling

The court ruled that TRA's appeal was premature due to the deficiencies in the Junta's notification. The judges emphasized that for a notification of bid adjudication to be valid, it must include specific information such as the names of the bidders, a summary of their proposals, the criteria used for the decision, and the timeline for judicial review.

The court stated, "the notification of adjudication must contain the right to request judicial review... within the jurisdictional term of ten days."

Because the Junta's notification did not include essential details, such as the prices offered by each bidder and the reasons for TRA's non-selection, the court determined that TRA's right to contest the decision was effectively obstructed. The ruling highlighted that the ten-day period for filing an appeal had not even begun, as the notification was inadequate.

Impact

This ruling has significant implications for public bidding processes in Puerto Rico. It underscores the necessity for government agencies to adhere strictly to legal requirements when notifying bidders about the outcomes of procurement processes. Failure to do so can result in the dismissal of appeals, as seen in this case.

Moreover, the decision reinforces the principle that bidders must be fully informed of their rights and the reasons behind bidding decisions to ensure fairness and transparency in public procurement. The court's emphasis on proper notification serves as a reminder to all municipalities and agencies involved in public bidding to follow established protocols closely.

What's Next

TRA may still pursue further action if the Junta corrects the deficiencies in their notification and reissues it. If that happens, TRA will then have the right to appeal within the appropriate time frame. There are currently no related cases pending that were mentioned in the court's opinion.