Law Offices of Mickey Beisman 2201 San Pedro Drive N.E. Albuquerque, NM 87110 Phone: 505-888-7978 Fax: 505-888-7907
Monday through Thursday 09:00 AM - 04:00 PM
Friday's 09:00 AM - 12:00PM
Bid protests are typically against a public agency because a public agency must follow the New Mexico Procurement Code or, if the agency is a home rule municipality, it must follow the municipality’s procurement rules. Common reasons for a bid protest are the failure of the apparent low bidder to properly list his subcontractors whose work is valued above a threshold established by the agency, the failure of the apparent low bidder to be properly licensed for the work being bid and the failure of the apparent low bidder to be registered with the Department of Labor.
Bid protest may require a bid protest hearing before the agency or, more commonly, the agency issues a final determination on the bid protest without a hearing.
An agency’s final determination, however, cannot be arbitrary and capricious, unsupported by substantial evidence or not in accordance with the law. If it is, the bid protester may appeal to the State District Court.
Ms. Beisman is experienced and successful in filing bid protests and in representing and defending against bid protesters in administrative hearings and in court; her success has ranged from successful bid protests against cities and other public agencies and the successful defense of bid protests filed against the New Mexico Department of Transportation.
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