Justin S. Greene Adam Fulton Johnson Commissioner, District 1 Commissioner, District 4 Lisa Cacari Stone Hank Hughes Commissioner, District 2 Commissioner, District 5 Camilla Bustamante Gregory S. Shaffer Commissioner, District 3 County Manager September 8, 2025 Christen E. Hagemann Law Office of Christen E. Hagemann, P.C. 1200 Pennsylvania NE. Albuquerque, New Mexico 87110 RE: Protest Determination Santa Fe County Invitation for Bid No. 2026-0011-PW/DK Avenida del Sur and College Dr. Road Extension Projects Dear Mr./Ms. Hagemann, Please be advised that the merits of your protest dated September 5, 2025, have been reviewed and this notification is the final determination of the protest regarding the subject Invitation for Bid (IFB) No. 2026-0011-PW/DK. The subject protest was formally received from a representative of Compass Engineering & Construction, LLC (Compass) to the subject procurement on Friday September 5, 2025. Compass is formally protesting the acceptance of FNF Construction, Inc.’s Bid by Santa Fe County. The protest further states that pursuant to Article 47. DOUBLE SIDED DOCUMENTS: All submitted bids/proposal documents shall be double-sided, pursuant to Santa Fe County Resolution 2013-7, Adopting Sustainable Resource Management Principles, Section 2. A. Waste Reduction and Reuse…”all documents are to be doublesided, including those that are generated by outside entities using County funds and by consultants and contractors doing business with the County”. Additionally, pursuant to Article 20 BID OPENING PROCEDURES “If any requirements have not been met, the bid shall be deemed non-responsive and disqualified”. The protest contends that FNF Construction, Inc. failed to submit double sided bid documents at the time of the bid opening on August 28, 2025, and therefore should be deemed nonresponsive and be immediately disqualified. In response, pursuant to NMSA 1978, 13-1-172, Right to Protest, any bidder or offeror who is aggrieved in connection with a solicitation or award of a contract may protest to the state purchasing agent or a central purchasing office. The protest shall be submitted in writing within fifteen calendar days after knowledge of the facts or occurrences giving rise to the protest. Therefore, the protest to IFB No. 20260011-PW/DK was submitted timely and requires a written determination on the subject merits of the protest.
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