2019 New Mexico Statutes
Chapter 13 - Public Purchases and Property
Article 1 - Procurement
Section 13-1-174 - Authority to resolve protests.
The state purchasing agent, a central purchasing office or a designee of either shall have the authority to take any action reasonably necessary to resolve a protest of an aggrieved bidder or offeror. This authority shall be exercised in accordance with regulations promulgated by the secretary, a local public body or a central purchasing office which has the authority to issue regulations but shall not include the authority to award money damages or attorneys' fees.
History: Laws 1984, ch. 65, § 147; 1987, ch. 348, § 20.
ANNOTATIONSAppellate review of administrative protest. — A protest of the award of a contract for a campus electrical distribution upgrade project complied with the process outlined in the Procurement Code to protest a decision by protesting to the state purchasing agent or a central purchasing office (§ 13-1-172), who were given authority to resolve protests pursuant to § 13-1-174, and therefore constituted an administrative tribunal whose decision was appealable, as provided by § 13-1-183, pursuant to the provisions of § 39-3-1.1. State ex rel. ENMU Regents v. Baca, 2008-NMSC-047, 144 N.M. 530, 189 P.3d 663.
An important goal of the Procurement Code is that protests are to be made and resolved quickly and in furtherance of protecting the public fisc and of assuring the fairness of the procurement process. James Hamilton Constr. Co. v. State ex rel. State Highway & Transp. Dep't, 2003-NMCA-067, 133 N.M. 627, 68 P.3d 173; cert. quashed, 82 P.3d 534.
