In its latest decision, OPA affirmed the decision of the Director of Procurement and Supply (P & S) on the appeal filed by GPPC from the denial of its protest of DPW-09-IFB-019, the Puerto Rico Dump Final Closure.

The Third Addendum to the IFB for the Puerto Rico Dump Final Closure required local bidders to submit their bid packages by 10:00 am on July 24, 2009. Off-island bidders had to have their bids postmarked by July 24, 2009 and received by P & S within seven days of that date. ITSI’s bid package was postmarked just after 4 pm Pacific Daylight Time on July 24 in Ygnacio, California and was received twice by P & S, once on July 28 and again on August 4. GPPC argued ITSI’s bid package was not timely postmarked since it should have been mailed by 10:00 am local time even though the bidder was in California, and was not timely received

GPPC timely filed its protest on August 13, 2009. Not having received a Decision from the Director in the requisite 20 calendar days or being given notice it was a complex issue, GPPC appealed to OPA on September 22, 2009. The Director released his Decision on the protest on September 23, 2009. OPA gave GPPC additional time to supplement its appeal should it wish to address the issues raised in the Director’s Decision. GPPC argued that OPA’s review should be de novo since the Director’s Decision was late.

OPA found that the Director’s delay was harmless error, though OPA concluded it would have reached the same result had it decided the matter de novo, because the dates on the documents were independently verifiable. OPA affirmed the Director’s Decision that the bid was timely postmarked and timely received, and that P & S did not err in moving the bid opening back a day in order to give off-island bidders the full seven days after July 24 to have their bids received.

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