Puerto Rico Supreme Court Defines Proper Review Path for Professional Services RFP Awards
On April 10, 2026, the Puerto Rico Supreme Court issued an opinion in RedMane Technology, LLC v. Puerto Rico Department of Health, that clarifies the procedural framework governing challenges to public procurements awards, particularly Requests for Proposals (RFPs) for professional services. The Court affirmed the dismissal of a judicial review action as premature, holding that a defective notice of award does not trigger the jurisdictional deadlines for seeking review.
McConnell Valdés represented the selected proponent, whose award of the professional services contract was challenged by RedMane Technology, LLC and prevailed, together with the Department of Health, before the Puerto Rico Supreme Court.
Central to the Court’s holding was its interpretation of the recent amendments to Section 3.19 of Puerto Rico’s Uniform Administrative Procedure Act, which designate administrative review before the General Services Administration’s (GSA) Bid Review Board as a jurisdictional prerequisite to judicial review. The Court held that this requirement applies only to procurements governed by Act 73‑2019, namely, those involving goods, construction, and non-professional services. Because the GSA lacks statutory jurisdiction over procurements for professional services, proponents in those processes are not required to seek administrative review before the GSA prior to filing a judicial action.
Going forward, for public procurements not covered by Act 73‑2019, agencies may allow internal reconsideration if authorized by statute or regulation, but administrative review before the GSA is not jurisdictional. If no reconsideration is available, the 20‑day period to seek judicial review begins upon the issuance of a valid notice of award. The decision underscores the critical importance of accurate award notices and provides clarity for entities contracting with the Puerto Rico government in professional services procurements.
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