Legal representation and related services to SOS in connection with new mexico forward party, ET AL. V. Maggie toulouse oliver, ET AL. , case no. 1:26-CV-02286-MIS-SCY.
Closed State & local contract opportunity Posted
- Solicitation number
- 70-37000-26-CP368
- State
- New Mexico
- Responses due
Opportunity facts
- Jurisdiction
Opportunity details come from spd.gsd.state.nm.us. Updated .
About this opportunity
The New Mexico Office of the Secretary of State is seeking approval for a sole-source contract with Bardacke Allison Miller, LLP for legal representation in New Mexico Forward Party, et al. v. Maggie Toulouse Oliver, et al., Case No. 1:26-CV-02286-MIS-SCY, pending in the United States District Court for the District of New Mexico, with proposals due September 25, 2026.
The procurement is structured as a sole-source engagement with no competitive bidding anticipated. The SOS justified the sole-source determination on grounds of continuity and case-specific knowledge: Bardacke Allison Miller, LLP has already undertaken the defense under existing Contract No. 27-370-4000-00013, reviewed claims and records, developed litigation strategy, and acquired detailed knowledge of facts, legal theories, and court schedules. The SOS determined that replacing counsel would require reconstructive review of the same record, duplication of work, and development of new strategy while court deadlines continue to run, creating duplicative expense, delay, and litigation risk. The agency consulted the State Purchasing Division and Contracts Review Bureau on July 29, 2026 and evaluated whether a statewide price agreement or new competitive engagement could provide uninterrupted representation; neither alternative could transfer the privileged work product and strategy already held by current counsel.
The scope of services includes reviewing claims, defenses, and pleadings; developing and refining litigation strategy; preparing and filing answers, motions, and briefs; conducting discovery; representing the SOS in depositions, hearings, trial, and appeals; and coordinating with witnesses, experts, and authorized parties.
The prospective contract amount is $225,000 before tax, with estimated gross receipts tax of $18,421.88 at 8.1875%. The contract term runs from final approval through June 30, 2028. As of August 18, 2026, the firm had incurred approximately $49,000 in fees and costs, with additional estimates of $15,000 to $20,000 through the preliminary-injunction hearing. The sole-source submission requires thirty calendar days of posting without protest before approval by the State Purchasing Agent.
Opportunity text
The Contractor shall provide legal representation and related services to SOS in connection with New Mexico Forward Party, et al. v. Maggie Toulouse Oliver, et al., Case No. 1:26-cv-02286-MIS-SCY, pending in the United States District Court for the District of New Mexico, and any directly related appellate proceedings. The work includes reviewing claims, defenses, pleadings, evidence, and applicable law; developing litigation strategy; advising SOS; preparing and filing answers, pleadings, motions, responses, briefs, memoranda, and other submissions; addressing preliminary or permanent injunctive relief and other expedited or dispositive matters; conducting discovery; representing SOS in conferences, negotiations, settlement discussions, depositions, hearings, trial, and appeals; coordinating with witnesses, experts, consultants, court reporters, process servers, SOS personnel, the New Mexico Department of Justice, and other authorized counsel or governmental entities; and performing other legal services directly related to the litigation as requested and authorized by SOS.
Files
| File | Type | Posted |
|---|---|---|
| 70-37000-26-CP368_BU_370_Sole_Source_Determination_Bardacke_Allison_Miller.pdf.PDF |
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