50-79500-24-EM152_79500 DHSEM_Approved DOE FY25-004_AshBritt_11.1.2024.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: DD76FBFE-3ABF-4364-BE67-BFA63007E2D2

II. Name of Contractor: AshBritt, Inc.

Address of Contractor: 565 East Hillsboro Blvd.

Deerfield Beach, FL 33441

Amount of prospective contract: $12,000,000.00

Term of prospective contract: 3 months

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

1. Site Setup, Mobilization, and Demobilization:

• Mobilization: Deployment of necessary equipment, machinery, and transportation tools to affected areas, specifically in service to flood-impacted communities in Chaves County.

• Site Setup: Establishment of temporary facilities for operational coordination, including staging areas for equipment and debris. Support, as necessary, to Chaves County and City of Roswell for temporary debris staging sites such as the location at the Airport at Cielo Grande, and the Roswell Landfill.

• Demobilization: Safe and efficient removal of equipment and temporary facilities upon project completion.

2. Right of Way Assessment:

• Site Assessment: Thorough evaluation of Right of Ways to identify the extent of flood damage.

• Compromised Structures: Inspect and document any damaged infrastructure, including bridges, roadways, and utility poles, assessing structural integrity and potential risks.

• Tree Hazard Assessment: Identification and assessment of hazardous trees that are a direct result of the disaster and pose risks to safety or public, including those weakened by the flood conditions.

• Hazard Trees: “Eligible vegetative debris may include tree limbs, branches, stumps, or trees that are still in place, but damaged to the extent they pose an immediate threat. These items are ineligible if the hazard existed prior to the incident, or if the item is in a natural area and does not extend over improved property or public-use areas, such as trails, sidewalks, or playgrounds.” (See Public Assistance Program and Policy Guide, Version 4, p. 101) flood-damaged trees that have compromised structural integrity due to flood damage and pose an immediate threat of falling onto work crews, obstructing access to debris clearance sites, or falling onto public rights of way or public improved property.

3. Identification and Categorization:

• Debris Identification and Categorization: Separate and catalog the types and quantities of debris present, including vegetative matter, construction materials, and hazardous waste.

Docusign Envelope ID: DD76FBFE-3ABF-4364-BE67-BFA63007E2D2 markm Highlight markm Highlight

• Hazard Identification: Identify additional hazards posed by the flood, such as erosion, sediment deposits, and blocked drainage systems, which could impact safety and accessibility.

• Debris I Disposal: All disaster debris will be disposed of at a licensed, predetermined landfill or debris management site.

4. Utilization of GIS Information:

• Site Identification: Use of GIS data to accurately identify and map affected sites, ensuring precise location tracking and efficient resource allocation.

• Monitoring and Documentation: Implementation of GIS technology for real-time monitoring, documentation, and reporting of debris removal progress and site conditions.

5. Reporting:

• Progress Updates: Regular updates on the status of debris removal activities, including milestones achieved and challenges encountered.

• Comprehensive Reporting: Detailed reports in the requested templates and formats documenting all activities, assessments, debris categorization, disposal methods, and any issues arising during the project.

6. Additional Items:

• Environmental Compliance: Ensuring all debris removal and disposal activities comply with local, state, and federal environmental regulations.

• Community Communication: Establishing a communication plan so as to keep the Department of Homeland Security and Emergency Management informed about the debris removal process, timelines, and any necessary actions on their part.

• Debris Task Force: Regularly attending and reporting at the Debris Management Task Force, as well as coordinating with key partners such as the New Mexico Environment Department, Chaves County, and the City of Roswell to ensure that compliance requirements are met.

• Health and Safety Measures: Implementation of strict health and safety protocols to protect workers and residents during debris removal operations.

• Coordination with Local Authorities: Close collaboration with local government agencies, emergency services, and environmental authorities to ensure a coordinated response and resource sharing.

• Timely Mobilization. The selected vendor must commence mobilizing services within 48 hours of notification of their selection for emergency procurement, ensuring that the deployment of necessary services to impacted areas begins promptly

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.

In October 2024, severe rainfall resulted in significant flooding that has been declared a State Disaster, with a federal declaration requested. This extreme flooding has caused extensive damage to numerous homes, businesses, and properties, while also depositing debris on public rights-of-way.

In an effort to manage the aftermath, residents and businesses have been clearing debris from their properties and placing it on the roadways. However, this practice poses potential hazards to travelers, as the debris may contain harmful materials.

DHSEM will deploy emergency services to be mobilized to remove the debris from the right-of-way within the affected areas of Chavez County to enhance public safety and assist our community in recovering from this disaster.

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.).

We anticipate that the requested debris removal services will be needed for a short duration. The Department of Homeland Security and Emergency Management (DHSEM) is currently in the Request for Proposal (RFP) process to secure debris removal contractors; however, this process is not expected to be finalized until December 2024.

We recognize the state's urgent need for these services due to fire and flood-related incidents and are actively working to secure contractors to address these requirements.

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

The Department of Homeland Security and Emergency Management (DHSEM) is currently engaged in the Request for Proposal (RFP) process to establish long-term debris removal services for future disasters. This recent flooding event was unexpected, highlighting the need for a more proactive approach to ensure we can respond effectively without resorting to emergency procurement in the future.

We are committed to addressing these needs and improving our preparedness for any potential disasters.

CONTRACT PROVISIONS FOR NON-FEDERAL ENTITTY CONTRACTS UNDER

FEDERAL AWARD – APPENDIX II TO PART 200

(A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. - -

(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.

(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” –

(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non Federal entities must include a provision for compliance with the Davis- Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation.

The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.

The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non- Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C.

3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C.

7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

(H) Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2

CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

(J) Procurement of recovered materials - A Non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

(K) Prohibition on certain telecommunications and video surveillance services or equipment

a. Recipients and sub recipients are prohibited from obligating or expending loan or grant funds to:

1. Procure or obtain;

2. Extend or renew a contract to procure or obtain; or

3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

i. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

ii Telecommunications or video surveillance services provided by such entities or using such equipment.

iii Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

b. In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.

c. See Public Law 115-232, section 889 for additional information.

d. See also § 200.471.

(L) Domestic preferences for procurements –

(a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.

(b) For purposes of this section:

(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

(2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

Certified by:

_____________________________________________ Date: _______________ Agency Chief Procurement Officer

Agency Approval by:

________________________________________________ Date: _____________ Cabinet Secretary/Governmental Entity Head or Designee

10/31/2024

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