40-79500-24-EM055_79500 DHSEM_Approved DOE FY24-003_Cotton Commercial_6.25.2024.pdf.PDF

2022 Emergency Form

STATE OF NEW MEXICO

EMERGENCY DETERMINATION FORM

The emergency procurement method (NMSA 1978, Section 13-1-127) may only be used when the service, construction or item of tangible personal property procured:

1. is needed immediately to:

a. control a serious threat to public health, welfare, safety or property caused by a flood, fire, epidemic, riot, act of terrorism, equipment failure or similar event; or

b. plan or prepare for the response to a serious threat to public health, welfare, safety or property caused by a flood, fire, epidemic, riot, act of terrorism, equipment failure or similar event; and

2. cannot be acquired through normal procurement methods.

a. The agency entering into an emergency procurement should employ a competitive process to the extent practicable under circumstances.

The purchase or lease of heavy road equipment is not allowed under the emergency procurement statute.

The state purchasing agent or a central purchasing office that makes an emergency procurement shall outline its determination of the basis for the procurement and its selection of the contractor in writing and include the writing in the procurement file. (That writing can be made on this form.) Promptly thereafter:

• the state purchasing agent shall post notice of the procurement on its website; or

• the central purchasing office shall post notice of the procurement on its website, if it maintains one, and shall transmit the notice to the state purchasing agent for posting on the state purchasing agent's website.

NOTE: the state purchasing agent or a central purchasing office that makes an emergency procurement to plan or prepare for the response to a serious threat to public health, welfare, safety or property caused by a flood, fire, epidemic, riot, act of terrorism, equipment failure or similar event shall account for the money spent in making the procurement and report on that accounting to the legislative finance committee and the department of finance and administration within sixty days after the end of the fiscal year in which the procurement was made.

I. Name of Agency: Department of Homeland Security and Emergency Management

Agency Chief Procurement Officer:

CPO Email Address:

Megan.Martinez@dhsem.nm.gov

Megan Martinez

DocuSign Envelope ID: 59845E9B-9CBF-489F-B9E3-A98ED5670951 mailto:Megan.Martinez@dhsem.nm.gov

II. Name of Contractor: Cotton Commercial USA

Address of Contractor: 5443 Katy Holkey Cutoff Rd, Katy Texas, 77493

PO Box 1265, Houston, TX 77251

Amount of prospective contract: $350,000.00 Additional

Term of prospective contract: 2 months

III. Thoroughly list the services (scope of work), construction or items of tangible personal property being procured:

Cotton Commercial USA is set to deploy advanced mobile command centers designed to provide crucial command and control capabilities to frontline disaster management teams. These state-of-the-art trailer units offer rapid, efficient, and technologically advanced support, addressing critical needs during emergencies.

They provide rental services for mobile command trailers, toilet/shower trailers, bed units, and laundry trailers to establish a fully equipped mobile support system.

The successful deployment of these units will significantly enhance the state's capacity to manage and respond to large-scale fires while meeting community needs. They will serve as essential assets for firefighters, first responders, volunteers, and those affected by disasters, ensuring centralized relief and coordination communication statewide. Currently, we anticipate accommodating approximately 500 individuals, with expectations for this number to increase.

The Americans with Disability Acts (ADA) requires the Agency to provide ADA-complaint equipment to create a safe, accessible and an inclusive environment for all individuals, thereby meeting legal, social, and practical needs.

• ADA Compliant Mobile Toilet/Shower Combo Trailers:

-These specialized mobile facilities adhere to ADA requirements for individuals with disabilities.

-Shower features include wheelchair access, roll-in showers, support bars, adjustable showerheads, non-slip flooring, and bench seating.

-Toilets offer wheelchair accessibility, spacious interiors, grab bars, lowered sinks, and user-friendly fixtures for privacy and comfort.

• ADA Compliant Sleeping Units:

-Designed to meet ADA standards, these units provide comfortable sleeping arrangements for individuals with disabilities.

-Key features include wheelchair accessibility, spacious interiors, accessible controls, and -emergency alarms (both audible and visual).

-Ensuring access to essential services regardless of physical ability is crucial.

• Tents:

-Extra tents expand available space for evacuees, personnel, equipment, and operations.

-They can function as briefing areas, workspaces, or storage facilities.

-Separate tents enhance organization and prevent overcrowding in the main units

DocuSign Envelope ID: 59845E9B-9CBF-489F-B9E3-A98ED5670951

MarkM Highlight

MarkM Highlight

Additionally, 24/7 round-the-clock on-site technical assistance, HVAC services, and efficient mobilization and demobilization of units included. Together, these components create a comprehensive support system capable of addressing diverse needs within disaster-affected populations, thereby playing a crucial role in state disaster response efforts.

IV. Provide an explanation for the justification of the procurement including a description of the emergency condition(s) requiring use of emergency procurement and the practicable competition utilized in compliance with NMSA 1978, Section 13-1-127.

The South Fork Fire located in Ruidoso, New Mexico has expanded to over 17,552 acres, with 54% containment. The fire's status remains uncertain. Governor Michelle Grisham has declared a state of emergency to address this ongoing disaster, and the President has granted a Major Disaster Declaration for the State of New Mexico for the South Fork Fire and Salt Fire. The nature of this emergency necessitates emergency procurement in order to protect the public health, safety, and welfare and mitigate even further losses. None of the requested items are available through any of the state-wide price agreements, and the state is not best suited to utilize the competitive bid process, as time is of the essence to ensure critical access needs are met for our communities.

V. Describe what measures are being taken to minimize the duration and effect of this particular emergency procurement (for example: is the emergency only in place until a competitive process can be completed, etc.).

Emergency procurement will remain in effect until the severity of the situation can be accurately assessed and is expected to last approximately two months. The selected vendor is currently listed on the GSA website, and DHSEM will promptly initiate procedures to establish them on a statewide price agreement, facilitating rapid deployment for both present and future disasters.

VI. Describe what measures the Agency will take in the future to prevent/mitigate use of emergency procurement under similar circumstances.

The agency is compiling a list of necessary resources for the current disaster, which will assist in their proactive establishment ahead of any future emergencies or disasters.

Certified by: Date:

Agency Chief Procurement Officer

Agency Approval by: Date:

Cabinet Secretary/Governmental Entity Head or Designee

6/25/2024

6/25/2024

MarkM FY24 Approval

MarkM

EP FY23