(Download) "Wisznia v. State" by New Mexico Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: Wisznia v. State
- Author : New Mexico Supreme Court
- Release Date : January 13, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY Steve Herrera, District Judge {1} The Human Services Department (HSD) published a Request for Proposals (RFP) to solicit bids for leased office space in Santa Fe. The bid proposal made by Walter Wisznia d/b/a Wisznia & Associates (Wisznia) was ranked first by the Selection Committee. HSD informed Wisznia that General Service Department (GSD) approval and legislative appropriation were required before HSD could enter into a lease. Following a period of over eight months, during which it was unclear whether GSD approval and legislative appropriation were forthcoming, HSD canceled the RFP in the best interest of the Department. Wisznia sued the State seeking damages for breach of contract or, in the alternative, on a theory of estoppel. The trial court determined that a contract had not been formed and further that Wisznia was not entitled to reliance damages. We affirm. Facts {2} HSD sought office space in Santa Fe in a leased facility on a single site. A formal state competitive lease procurement process was initiated by HSD by issuance of a Request for Proposals on March 6, 1990. A Request for Proposals is ""all documents, including those attached or incorporated by reference, used for soliciting proposals."" NMSA 1978, 13-1-81 (1984). The RFP was entitled ""Request for Proposals for Leased Space Office Space."" It provided that the HSD Selection Committee would review all proposals, and request that the top three ranked proponents develop dimensional floor plans for submission for final ranking and selection. The RFP stated ""[t]he Selection Committee will recommend to the General Services Department the number one ranked proposal of the three finalists be awarded the lease."" (Emphasis added.) Preference was not given on the basis of whether the space to be leased was provided from an existing building, a reconditioned building, or a new building. Wisznia's proposal involved the construction of a building on private land from which Wisznia would lease space to HSD.