The Puerto Rico Court of Appeals recently ruled against Novotek Data Solutions LLC in a case concerning a Request for Proposal (RFP) issued by the Puerto Rico Department of Education. The court dismissed Novotek's appeal, stating it lacked jurisdiction to hear the case. This decision impacts Novotek and highlights the procedural requirements for challenging government contract awards.

On August 12, 2026, the court issued its ruling in the case, identified as TA2026RA00326. The dispute arose after Novotek submitted a proposal for educational services but was informed by the Department of Education that it did not meet the minimum score required for the contract. This ruling is significant as it underscores the importance of adhering to procedural timelines in administrative appeals.

Background

Novotek Data Solutions LLC is a company that submitted a proposal to the Puerto Rico Department of Education in response to RFP No. DEPR-UAF-25-002. The RFP sought services for the development, administration, and analysis of standardized tests aimed at assessing the eligibility and annual progress of participants in a language program. Novotek submitted its proposal on October 6, 2025, but on May 6, 2026, the Department of Education notified Novotek that it would not be awarded the contract because it did not achieve the minimum required score.

Following this notification, Novotek filed a request for reconsideration on May 14, 2026, but the Department of Education did not respond within the ten-day period mandated by law. Consequently, Novotek filed a judicial review on June 16, 2026, claiming that the Department had made errors in its evaluation process. This case ultimately reached the Court of Appeals for a decision on whether Novotek's appeal was timely and valid.

The Ruling

The court ruled that Novotek's appeal was dismissed due to a lack of jurisdiction. The judges on the panel included Judge Cintrón Cintrón, Judge Rodríguez Flores, and Judge Torres Reyes, who authored the opinion. The court stated, "the recurso de revisión judicial ante nos fue presentado de manera tardía," meaning that Novotek's judicial review request was filed late. The court explained that the timeline for filing began after the Department of Education failed to act on Novotek's reconsideration request.

The ruling emphasized that Novotek's request for judicial review was submitted one day after the deadline, which expired on June 15, 2026. The court noted that the absence of jurisdiction meant that it could not consider the merits of Novotek's claims regarding the evaluation process. This decision highlights the strict adherence required to procedural rules in administrative law.

Impact

This ruling has significant implications for businesses seeking government contracts in Puerto Rico. It reinforces the necessity for companies to comply with all procedural requirements when contesting government decisions. The court's decision serves as a reminder that failure to adhere to deadlines can result in the dismissal of appeals, regardless of the merits of the case.

Moreover, the ruling may influence how future bidders approach RFPs and the importance of understanding the procedural landscape when engaging with government agencies. Companies may need to ensure they have robust systems in place to track deadlines and respond promptly to administrative decisions to avoid similar outcomes.

What's Next

Details were not available in the court filing regarding whether Novotek intends to appeal this decision to a higher court. However, given the ruling's emphasis on jurisdictional issues, any further legal action would likely need to address the procedural shortcomings identified by the court.