50-79500-24-EM079_79500 DHSEM_Approved DOE FY25-001_Pinnacle Propane_7.15.2024.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: Megan Martinez

Telephone Number: 505-373-7365

Docusign Envelope ID: FAD99A82-76D9-4F0C-96AF-A530AB3198E3

II. Name of Contractor: Pinnacle Propane, LLC

Address of Contractor: 6400 Edith Blvd, Albuquerque, NM 87107

Amount of prospective contract: $200,000.00

Term of prospective contract: 2 months

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

On-site personnel are responsible for retrieving loose propane tanks and monitoring for any signs of spillage. They assess the severity of the situation and take necessary steps to mitigate potential risks.

Handling of these tanks safely involves using specialized equipment for lifting and transportation due to their weight and configuration, ensuring safety protocols are strictly followed throughout the process. The company will conduct inspections of tanks, utilizing advanced gas detection systems to promptly identify any leaks.

Documentation reporting on the situation will be necessary upon completion of the cleanup to verify compliance with safety standards and to address any remaining community concerns.

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.

Severe flooding following the South Fork Fire in Lincoln County, NM has displaced numerous propane tanks, posing significant hazards to public safety. Loose tanks are at risk of mishandling or accidental ignition, potentially leading to explosions or fires. Immediate action is required due to their current locations in the Right of Way and reported leaks.

Propane is a hazardous material with potential environmental consequences if not promptly secured. Spills or leaks can contaminate soil and water sources, resulting in long-term ecological damage.

Swift action is imperative to minimize environmental impact and ensure compliance with regulatory standards.

Prompt retrieval of propane tanks will support broader disaster recovery efforts and strengthen community resilience in response to natural disasters.

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 measures will be implemented temporarily until all propane tanks are retrieved and any leaked propane, posing potential risks to the community, is thoroughly cleaned up.

Docusign Envelope ID: FAD99A82-76D9-4F0C-96AF-A530AB3198E3

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We anticipate completing the cleanup within a few weeks, with provisions made for additional time in case of unforeseen circumstances.

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

These incidents serve as learning experiences, highlighting unforeseen potential situations. We are actively exploring all emergency services that could benefit the state of New Mexico and are preparing to establish contracts for handling any future disasters that may arise.

Certified by: Date: _______________

Agency Chief Procurement Officer

Agency Approval by: Date: _______________

Cabinet Secretary/Governmental Entity Head or Designee

Docusign Envelope ID: FAD99A82-76D9-4F0C-96AF-A530AB3198E3

7/15/2024

7/15/2024

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EP FY23

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