60-63100-25-EM135_63100 DWS_Approved Emergency Procurement FY26-002_COPE_11.17.2025.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 Department of Workforce Solutions (NMDWS)

Agency Chief Procurement Officer: Maria Garcia-Cunningham

Telephone Number: 505-616-7114

II. Name of Contractor: COPE Center of Protective Environment

Address of Contractor: 909 S Florida Ave Alamogordo, NM 88310

Amount of prospective contract: 85,800

Term of prospective contract: FY26

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

During the winter months, individuals and families experiencing homelessness face increased hardship, heightened safety risks, and greater demand for basic necessities. To address these urgent needs, COPE seeks to procure essential materials and supplies to support vulnerable populations, including:

Blankets, coats, and warm clothing for adults and children Socks and boots Pillows, bed linens, and mattresses Safety equipment (e.g., first aid materials, flashlights) Snow removal equipment HVAC units Kitchen supplies and refrigerators Food and snacks Back-up generator Maintenance for agency vehicles Client transportation assistance Medications and personal protective equipment (PPE) Diapers and other basic care items Items for a children’s indoor play area during winter months Pet food and supplies for animals accompanying shelter residents

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.

COPE has experienced a significant rise in service demand, averaging an additional 10–15 referrals per week, in addition to the 25–30 individuals already assisted each month.

Emergency procurement is necessary to respond to the immediate and growing needs caused by winter weather conditions, overcrowded shelters, and recent federal funding reductions to safety-net and housing programs.

Otero County currently lacks a designated warming center, making COPE’s shelter and related services critical during freezing temperatures that endanger the health and safety of individuals experiencing homelessness. Additionally, reductions in Supplemental Nutrition Assistance Program (SNAP) benefits have increased reliance on COPE’s community kitchen

90 Days to expire 2/28/2026 and food pantry, which provide essential food access during periods of extreme cold.

Like many areas in New Mexico, Otero County faces a severe shortage of safe, available shelter beds. COPE plays a key role in filling this gap by offering resources that support stability and transition to permanent housing—such as transportation vouchers, clothing, and laundry access. These services enable COPE to maximize existing bed capacity and meet growing local demand.

These conditions constitute an emergency that directly impacts on the Agency’s ability to ensure safe, adequate, and timely support for individuals and families in need. Emergency procurement is therefore justified to maintain uninterrupted access to essential goods and services, safeguard public health and safety, and comply with NMSA 1978, Section 13-1- 127, through practicable competition where feasible.

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.).

To ensure that this emergency procurement remains limited in both duration and scope, NMDWS is implementing the following measures:

1. Needs Assessment Survey The NMDWS Office of Housing is conducting a statewide survey in collaboration with service organizations assisting individuals experiencing homelessness. This assessment will identify projected winter needs to support future procurement through standard, non-emergency competitive processes.

2. Establishment of an Interagency Council on Homelessness NMDWS is creating an Interagency Council on Homelessness to coordinate statewide efforts, assess emerging needs, and proactively address seasonal and capacity-related challenges. This council will also develop long-term planning strategies to reduce reliance on emergency procurement.

3. Transition to Competitive Procurement The Department is committed to transitioning to a competitive procurement process as soon as practicable. This emergency procurement is a temporary measure to meet immediate needs and is not intended to replace standard procedures. A formal competitive process will be initiated once the Interagency Council’s strategies are in place to forecast and manage ongoing and seasonal requirements.

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

Measures to Prevent or Mitigate Future Use of Emergency Procurement in Similar Circumstances:

To prevent or minimize the need for emergency procurement under similar circumstances, the Agency will implement the following measures:

1. Advance Planning and Coordination:

The Interagency Council on Homelessness will facilitate continuous collaboration among service providers to assess needs, identify potential crises early, and plan accordingly to avoid emergency situations.

2. Procurement Readiness:

NMDWS will maintain a state of procurement readiness by developing adaptable scopes of work and pre-established evaluation criteria, enabling rapid response without resorting to emergency procedures.

These actions will ensure that the Agency can respond quickly and effectively to emergent needs while maintaining compliance with procurement regulations. This proactive approach will minimize future reliance on emergency procurement and promote efficient, timely service delivery statewide.

Certified by: Date: _______________

Agency Chief Procurement Officer

Agency Approval by: Date: _______________

Cabinet Secretary/Governmental Entity Head or Designee

Mark Melhoff EP Stamp

Mark Melhoff FY26 Stamp