OPA affirmed its earlier decision that IBSS did not timely file its protest. IBSS did timely file its Request for Reconsideration but it did not raise any new issue on appeal.

IBSS argued that if "every rejected bidder was given the right, indeed the cause, to protest simply because their bid was not accepted, then the review process would overtake the procurement process." But if OPA were to accept IBSS’ rationale, every rejected proposer could merely bide its time until it found some basis upon which to protest an award, which would wreak havoc on the procurement process and the need for finality, issuance of a valid contract, and the products or services that are the subject of the contract.

IBSS misguidedly relied upon two cases, both of which OPA distinguished in its Decision. Rivera v. Guerrero, 4 N.M.I. 79 (1993), is controlling. In that case, the NMI Supreme Court concluded that the time limit for filing an intra-agency appeal is "mandatory and jurisdictional."

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