60-79500-25-EM070_79500 DHSEM_Approved DOE FY26-002_DRC_7.14.2025.pdf.PDF

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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

II. Name of Contractor: DRC Emergency Services, LLC

Address of Contractor: 111 Veterans Memorial Drive Suite 104, Metairie, LA 70005

Amount of prospective contract: $50,000,000.00

Term of prospective contract: 6 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 fire and flood-impacted communities in Village of Ruidoso and Lincoln County.

• Site Setup: Establishment of temporary facilities for operational coordination, including staging areas for equipment and debris. Support, as necessary, to Village of Ruidoso and Lincoln County for temporary debris staging sites.

• 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 fire and 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 fire and 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) fire and flood-damaged trees that have compromised structural integrity due to fire and 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.

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

• Debris 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. Detailed Description:

• This scope is to clear rights of way in Lincoln County, with an estimated 120,000 cubic yards of debris identified for removal based on preliminary assessments. The debris is located throughout Lincoln County, including the Village of Ruidoso, and is the result of severe flooding and post-fire impacts.

• The vendor will mobilize planning teams and necessary support equipment to affected areas to coordinate site assessments and operational planning. This includes establishing temporary coordination centers and staging areas in collaboration with local jurisdictions.

• The vendor will evaluate impacted ROWs to identify debris accumulation, compromised or obstructed roadways, drainage channels, and public access routes requiring future clearance.

Damage should be reported to DHSEM to verify compliance with scope of work, which is specific to disaster-related debris removal along the right-of-way.

• The vendor will identify and categorize debris types present, including vegetative debris, construction and demolition materials, and hazardous waste. This includes developing estimates of debris volume and prioritizing by location and risk to support safe, efficient future removal.

• All activities must be coordinated with local, county, and state agencies to ensure alignment with emergency response and public safety priorities. The vendor is expected to provide regular progress updates, interim reports, and a final comprehensive planning report summarizing all assessments, volume estimates, hazards, and proposed clearance strategies.

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, Village of Ruidoso, and Lincoln County 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.

• Sub-Contractors: Sub-contractors must be pre-approved by DHSEM staff before selection.

The initial consideration area extends 100 miles from Lincoln County, if no qualified contractors are available, the area may be expanded statewide, in consultation with DHSEM.

• 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.

The purpose of this emergency procurement is to rapidly mobilize right-of-way (ROW) debris clearance operations in response to severe flooding effects in the Village of Ruidoso and throughout Lincoln County. Timely removal of debris from public roads and drainage systems is critical to restoring safe access for residents and emergency responders, preventing further infrastructure damage, and reducing the risk of additional flooding and public safety hazards as monsoonal rains continue.

Immediate action is necessary to support post-fire recovery efforts following the South Fork Fire in Lincoln County and the Salt Fire on the Mescalero Apache Reservation in 2024, as well as the subsequent flooding. These impacted areas were designated under Federal Disaster FEMA-4795- DR-NM on June 20, 2024, making them eligible for federal assistance, including Category A Debris Removal.

DRC has already been mobilized for private property debris removal services through an awarded contract following a competitive RFP process. However, it has since been determined that additional ROW debris clearance services are urgently needed to address debris placed along roadways by the county, residents, and other contractors. Because this work falls outside the scope of the original RFP, emergency procurement is required to complete essential ROW cleanup and recovery operations under the declared 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.).

The agency has established a statewide price agreement for private property debris removal services, awarded through a competitive procurement process following the 2024 fires. While this agreement successfully covers private property clearance needs, the additional and urgent requirement for ROW debris removal could not have been reasonably anticipated, especially given the unprecedented flooding that brought more than 18 feet of water through the Village of Ruidoso and surrounding areas.

Although we have established processes in place for private property debris removal, the emergent ROW clearance needs created by these extreme flood conditions fall outside the scope of the existing agreements and could not have been foreseen. Therefore, emergency procurement is necessary to ensure immediate, safe, and effective response and recovery efforts in these severely impacted areas.

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

We continue to assess the diverse range of debris removal needs across the state, each presenting unique scopes and requirements. As part of our ongoing preparedness efforts, we are actively developing upcoming RFPs for statewide disaster services, including future debris removal operations. This planning requires significant time and analysis to ensure all potential needs are comprehensively addressed prior to release.

Certified by: Date:

Agency Chief Procurement Officer

Agency Approval by: Date:

Cabinet Secretary/Governmental Entity Head or Designee

FY26

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