50-49500-25-EM037_NMSA_Approved Emergency Procurement_FY25-001_Sierra.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: New Mexico Spaceport Authority

Agency Chief Procurement Officer: Becky Dean

Telephone Number: 575-267-8526

Docusign Envelope ID: 65440613-8F5D-4F7C-9572-C61238223C90

II. Name of Contractor: Sierra County Electric Cooperative

Address of Contractor: PO Boc 290, Elephant Butte, NM 87935

Amount of prospective contract: $25,000

Term of prospective contract: 30 – 45 days estimated.

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

Repair damaged electric pole and restore power lines. If primary contractor, Sierra County Electric Cooperative cannot be used, then alternative company

B&D Electric will be contacted for repairs. B&D currently does not have the poles to replace the damaged one, they are unavailable, and it would take 5 to 7 days to obtain them. We cannot wait that long since this is an emergency therefore we are going with

Sierra Electric who is our power company and they are also a vendor. This is not a regular purchase.

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.

Electric line pole 57 has had a cross member break most like due to excessive hig winds. This has caused a power loss to all Spaceport Authority area property located near TorC, NM. This affects all buildings and tenants in the area.

A current PO exists to Sierra Electric, however this is for electric services (utility usage) and not for repairs.

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.).

Gas generators are currently in operation, however there is insufficient generators for all tenants affected and the generators cannot sustain a long level of use. They will eventually need to be turned off to cool down and rest. They can only be used for temporary purposes and are not meant to be a long-term solution.

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

The damaged pole will need to be immediately repaired. Other lines and poles will be inspected and weaknesses identified.

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Certified by: Date: _______________

Agency Chief Procurement Officer

Agency Approval by: Date: _______________

Cabinet Secretary/Governmental Entity Head or Designee

3/13/2025

3/13/2025 markm

FY25

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