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 MEMORANDUM FOR FILE DATE: April 3, 2026 TO: File FROM: Bill Taylor, Procurement Manager RE: Sole Source Determination Pursuant to NMSA 1978, 13-1-126; Continuation of Legal Representation Services with Durham Pittard and Spalding Involving Litigation Against Opiate Manufacturers, Distributers and Others. BACKGROUND In 2018, Santa Fe County issued a competitive sealed proposal procurement (RFP) for determining qualified Offerors to represent Santa Fe County in litigation against opiate manufacturers, distributors and others. The County selected and entered into Agreement No. 2018-0236-AT/MM with Durham Pittard and Spalding as the most qualified legal firm to provide these services. ISSUE Pursuant to NMSA 1978, 13-1-150. B. Multi-term contracts; specified period. “A contract for professional services may not exceed four years, including all extensions and renewals…” The subject Agreement is set to expire in May of 2026, as the maximum allow term for a contract for professional services. The County and Legal Firm desire to continue the services, siting the ongoing litigation that is currently underway in federal court and bankruptcy court against opiate manufacturers, distributers and others, requires representation from the same legal firm to avoid any court delays or stays. DETERMINATION Based on the very specific intent of the original competitive procurement for these services and the uniqueness related to the intended purpose of the contract, to the litigation undertaken by Durham, Pittard and Spalding on behalf of Santa Fe County, the effort to change counsel in this prolonged litigation, would be disruptive to the County and potentially to litigants throughout the country. It is therefore the determination, as Chief Procurement Officer for Santa Fe County, that the County may enter into a new four-year contract with Durham Pittard and Spalding involving litigation against 102 Grant Avenue · P.O. Box 276 · Santa Fe, New Mexico 87504-0276 · 505-986-6200 · FAX: 505995-2740 www.santafecountynm.gov opiate manufacturers, distributers and others, pursuant to 13-1-126, NMSA 1978. Sole source procurement.
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