60-66700-25-27782_Complete_with_Docusign_Sole_Source_Form_Plex.pdf.PDF

2021 Sole Source Form

STATE OF NEW MEXICO

SOLE SOURCE REQUEST AND DETERMINATION FORM

A sole source determination is not effective until the sole source request for determination has been posted for thirty (30) calendar days without challenge, and subsequently approved in writing by the State Purchasing Agent or, for Professional Services Agreements, the Secretary of the General Services Department. The foregoing requirement is regardless of whether the sole source request for determination has been signed by the Agency and/or the Contractor.

I. Name of Agency: New Mexico Environment Department

Agency Chief Procurement Officer: Charlette Probst

Telephone Number: (505) 500-9779

II. Name of prospective Contractor: Plexos Group, LLC

Address of prospective Contractor: 1800 City Farm Drive, Building 4, Suite B, Baton Rouge, LA 70806

Contact Name, Telephone Number and Email Address:

Bob Roberts, (225) 405-1390, bob.roberts@plexosgroup.com

Amount of prospective contract before tax: $7,205,493

Estimated tax amount (tax is subject to change): $586,945

Term of prospective contract: 4 years

Note: For terms longer than one year, Request for Policy Exemption from DFA MUST be included.

III. Agency is required to state purpose/need of purchase and thoroughly list the services (scope of work), construction or items of tangible personal property of the prospective contract (if this is an amendment request to an existing contract, include current contract number issued by SPD):

The City of Las Vegas continues to face an imminent public health threat to its drinking water supply. Post-fire flooding following the 2022 Hermit’s Peak and Calf Canyon fires has repeatedly overwhelmed the City’s existing water treatment infrastructure, resulting in system failures that directly endanger the health and welfare of thousands of residents.

Docusign Envelope ID: 407A5063-7E70-4FDE-BFE4-37070E7A367F mailto:bob.roberts@plexosgroup.com

Despite the availability of federal recovery funding, the City has been unable to advance permanent solutions in a timely or effective manner. In recognition of this urgent and ongoing risk, the State of New Mexico entered into an intergovernmental agreement (IGA) with the City to assume responsibility for planning, designing, procuring, constructing, and delivering both temporary and permanent water treatment solutions.

To rapidly mobilize under the IGA, NMED engaged Plexos through an emergency procurement. Since that time, Plexos has become uniquely positioned to lead this effort.

Plexos immediately deployed expert program managers, engineers, and construction managers, and has already undertaken the intensive coordination of City staff, state and federal partners, and multiple stakeholders. The firm has reviewed and synthesized tens of thousands of pages of historical technical data, design concepts, and operational information, providing it with a singular depth of knowledge about the City’s water system, vulnerabilities, and potential solutions.

The purpose of this proposed sole source is to fully oversee and implement the planning, design, procurement, construction, testing, delivery, and closeout of interim and permanent water treatment facilities for the City of Las Vegas as an agent of NMED. The contractor will fulfill the responsibilities assigned to the State of New Mexico under Intergovernmental Agreement No. 25-667-4000-0001. The project must ensure functional, compliant, and sustainable water systems that can be successfully transferred to and operated by the City of Las Vegas.

Scope of Services and Required Tasks

1. Project Planning and Coordination

• Develop a comprehensive project management plan, including timelines, milestones, and deliverables for both the interim and permanent water treatment facilities.

• Participate in regular Joint Working Group meetings with representatives from the

City of Las Vegas, the New Mexico Environment Department (NMED), the Department of Homeland Security and Emergency Management (DHSEM), and the Department of Finance and Administration (DFA).

• Coordinate all efforts with appropriate local, state, tribal, and federal agencies to ensure timely execution and compliance.

2. Regulatory Compliance and Approvals

• Prepare and submit all required documentation, applications, and permits to secure approvals from NMED and other relevant regulatory agencies before beginning construction. Engineering review is required for both the interim and permanent treatment facility.

• Ensure full compliance with all applicable state and federal public drinking water regulations, environmental laws, and grant conditions.

• Respond promptly to regulatory requests for information or changes needed to maintain eligibility and compliance.

3. Design and Engineering

• Oversee the development of complete design packages for water treatment facilities that:

o Comply with applicable state and federal public health and drinking water standards o Are capable of reliably treating frequently changing and extreme raw water quality, including wildfire and flood-related impacts o Reflect current engineering best practices for public water systems o Are practical and scalable for the City’s staffing, operational, and financial capacity

• Submit all final design documents to NMED and other required agencies for review and approval at least 60 days prior to bidding per NMAC 20.7.10.201.K(3).

4. Procurement and Contract Management

• Support NMED in all procurement activities in accordance with the New Mexico

Procurement Code and applicable federal rules under 2 CFR Part 200.

• Recommend qualified vendors and contractors to perform necessary services and supply materials and equipment.

• Maintain full documentation of all procurement actions for audit and reimbursement purposes.

5. Construction Management & Oversight

• Manage construction activities for both facilities, including:

o Site preparation o Installation of equipment and materials o Construction of structural and mechanical systems

• Ensure construction meets approved design specifications and applicable codes.

• Maintain a detailed construction log and inspection records throughout the project.

6. Testing and Commissioning

• Conduct full system testing, disinfection, flushing, and start-up for each facility.

• Demonstrate that the facilities consistently meet Safe Drinking Water Act (SDWA) requirements under varied raw water conditions.

• Identify and resolve any deficiencies during the commissioning phase to ensure the systems are fully operational and reliable.

7. Operator Training

• Provide comprehensive training for City utility operators and staff, including:

o Hands-on operational instruction o Preventative maintenance procedures o Troubleshooting and emergency response guidance o Review of all system manuals and O&M schedules

• Ensure staff are confident and capable of assuming full operational responsibility.

8. Operational Transfer to City

• Maintain temporary operational support for a defined transition period (e.g., 30 to 90 days) after successful commissioning.

• Work collaboratively with City leadership and staff to phase in control of operations.

• Transfer full operational control to the City when the City determines it is ready—or earlier if mutually agreed upon in writing.

• Provide continued technical assistance during transition, as needed, to support a smooth and sustainable handoff.

9. FEMA Reimbursement and Financial Management

• Prepare and submit complete documentation to support FEMA Public Assistance reimbursement for all eligible project costs.

• Work closely with DHSEM, DFA, and FEMA to respond to RFIs and ensure reimbursement eligibility.

• Reimburse the Natural Disaster Revolving Fund using FEMA proceeds for any advances provided by the State on behalf of the City.

• Track all financial transactions and maintain complete, auditable records.

• Assist NMED with additional funding sources application and management pursuant to additional needs of water treatment facilities and associated systems, staffing, trainings and technology.

10. Audit and Oversight

• Cooperate fully with all design reviews, compliance audits, financial audits, and monitoring activities conducted by the City, State, or federal agencies.

• Retain all project-related records, including financial and technical documentation, for a minimum of three (3) years after final payment or project closeout, whichever is later.

11. Public Engagement and Communication

• Support the City and State in coordinating public meetings or outreach activities related to the recovery project, as needed.

• Help prepare clear and accessible updates for residents, elected officials, and stakeholders.

• Ensure transparency and public awareness regarding recovery milestones and construction impacts.

12. Project Closeout

• Deliver a full project closeout package for each facility, including:

o As-built drawings o Operation and maintenance manuals o Warranty and vendor documentation o Final testing and commissioning results o All documentation required for regulatory compliance and recordkeeping o Disinfection results o Water quality sampling results

• Submit formal Notice of Project Completion to the New Mexico Environment Department (NMED) and any other applicable oversight agencies, as required under New Mexico regulations prior to activation of the new treatment units both interim and permanent.

• Ensure full documentation and ownership transfer to the City, including digital and hardcopy records.

IV. Provide a detailed explanation of the criteria developed and specified by the agency as necessary to perform and/or fulfill the contract and upon which the state agency reviewed available sources. (Do not use “technical jargon;” use plain English. Do not tailor the criteria simply to exclude other contractors if it is not rationally related to the purpose of the contract.)

NMED determined the work required under this proposed contract involves more than ordinary construction management. Because the City of Las Vegas faces an immediate public health threat to its drinking water supply, the agency needs a contractor that can both respond quickly and manage a highly complex and urgent situation.

The criteria developed by the Department include:

Immediate mobilization and on-the-ground presence. The contractor needed to be able to begin work right away, with staff already available to deploy in Las Vegas to address urgent risks to safe drinking water.

Experience with disaster recovery infrastructure. The contractor needed direct experience overseeing federally funded infrastructure projects in post-disaster environments, where conditions are changing, multiple agencies are involved, and quick decisions are required to protect public health.

Capacity to coordinate across many stakeholders. The project requires day-to-day coordination with state agencies, city staff, federal partners, and community stakeholders. The contractor needed a proven ability to bring these groups together and manage both temporary and long-term solutions.

Continuity of knowledge. Because thousands of pages of technical and historical data, design concepts, and operational information had to be collected and reviewed, the contractor needed to have already built a deep understanding of the City’s water system, its weaknesses, and the options for permanent repair.

Retaining that knowledge was essential to avoid delays and wasted effort.

Integrated technical expertise. The work requires a team that combines project management with specialized expertise in engineering, chemistry, water treatment operations, and construction oversight. The contractor needed to provide this comprehensive team under one umbrella to ensure efficiency and reduce risks of miscommunication.

V. Provide a detailed, sufficient explanation of the reasons, qualifications, proprietary rights or unique capabilities of the prospective contractor that makes the prospective contractor the one source capable of providing the required professional service, service, construction or item(s) of tangible personal property. (Please do not state the source is the “best” source or the “least costly” source. Those factors do not justify a “sole source.”)

Applying the criteria above and after reviewing available sources, NMED found that only a contractor already on the ground, with disaster-recovery infrastructure experience, proven multi-agency coordination skills, and current working knowledge of the City’s water system could meet these criteria in the time required. Bringing in a new firm at this stage would create delays, additional costs, and a loss of hard-won knowledge, increasing risks to public health.

Because of this ongoing work, Plexos possesses critical, project-specific knowledge and continuity that no other contractor could replicate without significant delay, cost, and risk to public health. Disrupting project management at this stage would result in the loss of momentum, require a lengthy relearning process by a new contractor, and delay the implementation of both interim and permanent solutions—all while the City remains exposed to water system failures during flood events. The retention of Plexos is therefore essential to ensuring consistent project management, efficient use of federal recovery funding, and uninterrupted progress toward securing safe, reliable drinking water for Las Vegas residents.

Given Plexos’ unique disaster-recovery expertise, its direct experience managing federally funded infrastructure projects, and its unmatched knowledge gained from ongoing engagement under the IGA, no other firm can deliver the immediate, consistent, and informed project management necessary to protect public health.

Plexos offers a fully integrated approach to expediting the completion of the objectives of the IGA. A fully qualified program and construction management firm, the Plexos team has been on the ground in Las Vegas, New Mexico since 7/22/25 and has the unique knowledge base of current operations, current risks, all stakeholders, an expedited path to construction, and a unique working capacity and knowledge of the on-the-ground situation and needed solutions. Plexos has a fully integrated technical team that have been working to build solutions with all stakeholders from NMED and the City of Las Vegas. Their operations are current, ongoing, and include having engineers, chemists, operations SMEs, water specialists and project management. Continuing with this technical team ensures no delays in project, process or stakeholder engagement during this critical recovery time.

VI. Provide a detailed, sufficient explanation of how the professional service, service, construction or item(s) of tangible personal property is/are unique and how this uniqueness is substantially related to the intended purpose of the contract.

The intent of this contract is to expedite the mandated goals of the IGA. The Plexos team being on the ground and operational ensures that there will be no delays, additional mobilizations, data gathering or other startup activities required. The Plexos team has fully integrated with the City of Las Vegas staff and vendors along with NMED staff. At this point, the Plexos team operates with a unique presence and knowledge base that would take weeks to months for an alternate or additional vendor to catch up to.

VII. Explain why other similar professional services, services, construction or item(s) of tangible personal property cannot meet the intended purpose of the contract.

The imperative of this contract is speed of delivery and continuity of operations. As stated above, bringing on a new vendor would delay current activities at a minimum of weeks, and potentially by months. The review of existing documentation, studies, proposed methodologies and current condition of assets & infrastructure would take additional time as well. Plexos can seamlessly continue with current activities which are driving towards the reconstruction of the facilities.

VIII. Provide a narrative description of the agency’s due diligence in determining the basis for the procurement, including procedures used by the agency to conduct a review of available sources such as researching trade publications, industry newsletters and the internet;

contacting similar service providers; and reviewing the State Purchasing Divisions’ Statewide Price Agreements. Include a list of businesses contacted (do not state that no other businesses were contacted), date of contact, method of contact (telephone, mail, e-mail, other), and documentation demonstrating an explanation of why those businesses could not or would not, under any circumstances, perform the contract; or an explanation of why the agency has determined that no businesses other than the prospective contractor can perform the contract.

As noted in the response to item V above, Plexos possesses critical, project-specific knowledge and continuity that no other contractor could replicate without significant delay, cost, and risk to public health. Disrupting project management at this stage would result in the loss of momentum, require a lengthy relearning process by a new contractor, and delay the implementation of both interim and permanent solutions—all while the City remains exposed to water system failures during flood events. The retention of Plexos is therefore essential to ensuring consistent project management, efficient use of federal recovery funding, and uninterrupted progress toward securing safe, reliable drinking water for Las Vegas residents.

Given Plexos’ unique disaster-recovery expertise, its direct experience managing federally funded infrastructure projects, and its unmatched knowledge gained from ongoing engagement under the IGA, no other firm can deliver the immediate, consistent, and informed project management necessary to protect public health.

Plexos offers a fully integrated approach to expediting the completion of the objectives of the IGA. A fully qualified program and construction management firm, the Plexos team has been on the ground in Las Vegas, New Mexico since 7/22/25 and has the unique knowledge base of current operations, current risks, all stakeholders, an expedited path to construction, and a unique working capacity and knowledge of the on-the-ground situation and needed solutions. Plexos has a fully integrated technical team that have been working to build solutions with all stakeholders from NMED and the City of Las Vegas. Their operations are current, ongoing, and include having engineers, chemists, operations SMEs, water specialists and project management. Continuing with this technical team ensures no delays in project, process or stakeholder engagement during this critical recovery time.

Certified by: Date:____________________

Agency Chief Procurement Officer

Agency Approval by: Date: ____________________

Cabinet Secretary/Agency or Entity Head or Designee

APPROVED: Date:____________________

State Purchasing Agent

If this sole source is being submitted by a governmental agency or governmental entity not under the final authority of the State Purchasing Agent, the State Purchasing Agent’s signature is not required. The signature line may be removed from this form or marked as N/A. Hard Copy Documentation for Courtesy Postings do not need to be submitted to SPD for approval.

9/18/2025

9/18/2025

Certificate Of Completion Envelope Id: 407A5063-7E70-4FDE-BFE4-37070E7A367F Status: Completed

Subject: Complete with Docusign: Sole_Source_Form_Plexos_CPO signed.pdf

Source Envelope:

Document Pages: 8 Signatures: 1 Envelope Originator:

Certificate Pages: 4 Initials: 0 Charlette Probst

AutoNav: Enabled

EnvelopeId Stamping: Enabled

Time Zone: (UTC-07:00) Mountain Time (US & Canada)

1100 S Saint Francis Dr

Santa Fe, NM 87502 charlette.probst@gsd.nm.gov

IP Address: 164.64.62.10

Record Tracking Status: Original

9/18/2025 10:15:45 AM

Holder: Charlette Probst charlette.probst@gsd.nm.gov

Location: DocuSign

Security Appliance Status: Connected Pool: StateLocal

Storage Appliance Status: Connected Pool: General Services Department Location: Docusign

Signer Events Signature Timestamp John Rhoderick

John.Rhoderick@env.nm.gov

Deputy Cabinet Secretary of Administration

ENV

Signing Group: 66700 - Cabinet Secretary

Security Level: Email, Account Authentication (None)

Signature Adoption: Pre-selected Style

Using IP Address: 164.64.146.3

Sent: 9/18/2025 10:16:09 AM

Viewed: 9/18/2025 10:16:43 AM

Signed: 9/18/2025 10:16:54 AM

Electronic Record and Signature Disclosure:

Accepted: 10/25/2024 8:18:11 AM ID: 680e865f-1c7d-4e6e-ab3d-f3572a97bc57

In Person Signer Events Signature Timestamp

Editor Delivery Events Status Timestamp

Agent Delivery Events Status Timestamp

Intermediary Delivery Events Status Timestamp

Certified Delivery Events Status Timestamp

Carbon Copy Events Status Timestamp

Witness Events Signature Timestamp

Notary Events Signature Timestamp

Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 9/18/2025 10:16:10 AM

Certified Delivered Security Checked 9/18/2025 10:16:43 AM

Signing Complete Security Checked 9/18/2025 10:16:54 AM

Completed Security Checked 9/18/2025 10:16:54 AM

Payment Events Status Timestamps

Electronic Record and Signature Disclosure

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