50-M0036-24-EM110_COE Fire Station_Emergency Determination Form.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: City of Española

Agency Chief Procurement Officer: Marissa Baca

Telephone Number: (505) 747-6015

II. Name of Contractor: Windsor Door Sales Incorporated

Address of Contractor: 3901 Bogan Ave, Albuquerque, NM 87109

Amount of prospective contract:

Term of prospective contract:

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

The bay door at the City of Española fire station is the item being procured. This bay door was damaged, causing it to be left half-open and nonoperational; therefore, we needed Windsor Door Sales Incorporated to travel to Española to perform an emergency repair on the fire station’s bay door. The door had to be repaired, and functions needed to be restored in order for the day to be able to open and close again.

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.

This procurement was necessary to be done on an emergency basis because the damages caused the bay door to be stuck half-open, which restricts the emergency apparatus from being able to drive out and respond to emergencies in the City of Española. This becomes a huge threat to conducting emergency services and responding to situations in which the City of Española constituent’s health, safety, or welfare are on the line.

Also, with the bay door unable to close, this causes the protection of the City of Española Fire Department to be at risk. With these bay doors being left half-open, there is not proper security for the fire station. With the bay door left open and unsecure we leave the chance of theft. The fire station houses fire apparatus and equipment that can not risk the threat of theft or vandalization. This emergency purchase is needed to protect the property of the fire station and the equipment inside the station. Due to homeland security all fire stations have to be under lock and key when no one is present, this door being broken would leave it open to the public at all times.

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.).

Windsor Door Sales Incorporated has assessed the damages, and are working to repair the bay doors.

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

There will be discussion, and the process of creating a policy to leave bay doors either opened or closed, and not half-open.

Certified by: Date: _______________

Agency Chief Procurement Officer

Agency Approval by: Date: _______________

Cabinet Secretary/Governmental Entity Head or Designee

08/23/2024

I. Name of Agency: City of Española