60-79500-25-EM131_79500 DHSEM_Approved DOE FY26-005_East Mountain Hauling_10.30.2026.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

II. Name of Contractor:

East Mountain Hauling Abq Bernalillo County Water Utilities Operations Water Hauling Water Boyz (drinking water) TBD based on need

Address of Contractor: multiple locations in Albuquerque, NM and surrounding areas

Amount of prospective contract: 6-12 months

Term of prospective contract: 2,000,000.00

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

Pursuant to the Governor’s Executive Order declaring a State of Emergency in Torrance County due to widespread well failures and loss of groundwater supply, the Department of Homeland Security and Emergency Management (DHSEM) requires emergency water hauling services to ensure access to safe and reliable water for affected residents, communities, and facilities.

The Contractor, a New Mexico Environment Department (NMED) Certified Water Hauler, shall provide all labor, equipment, materials, transportation, and supervision necessary to deliver potable (drinking) and non-potable water as directed by DHSEM or the State Emergency Operations Center.

Scope of Services

Haul and deliver potable drinking water sourced only from NMED-approved and certified sources using sanitized, food-grade tanks and equipment compliant with EPA and NMED standards.

Provide non-potable water deliveries for wells, livestock, sanitation, or utility needs where directed.

Coordinate with Torrance County officials, local emergency managers, and DHSEM field staff for scheduling, routing, and delivery verification.

Maintain daily delivery logs documenting date, time, gallons delivered, water source, and recipient signature or approval.

Ensure all deliveries and handling meet applicable health, safety, and transportation regulations.

Distribute bottled water, gallon jugs, or palletized drinking water to residents and community distribution points necessary to ensure immediate access to safe water.

6 month max

Provide and fill refillable water tanks or bladders for community or household use as determined by DHSEM.

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 emergency procurement is necessary to address the immediate loss of potable water access in multiple communities across Torrance County, where extensive well failures and declining groundwater levels in the Estancia Basin have resulted in widespread water shortages. The Governor’s Executive Order dated October 27, 2025, declared a state of emergency due to these conditions, citing threats to public health, safety, and welfare.

Immediate action is required to provide safe drinking water and non-potable water for essential needs until the situation stabilizes. The Department of Homeland Security and Emergency Management (DHSEM) determined that emergency procurement of certified water hauling services was the only practicable means to prevent further harm and ensure public access to safe water. Due to the urgent nature of this event, DHSEM sought practicable competition by contacting and evaluating available New Mexico Environment Department (NMED) Certified Water Haulers capable of rapid statewide mobilization within 24 hours and compliance with potable water standards.

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.).

This emergency procurement is temporary and limited to the immediate response phase authorized under the Governor’s Executive Order for Torrance County. DHSEM is using emergency procurement solely to ensure safe and continuous water access for affected residents until the situation stabilizes, and local systems are restored. The department will actively monitor conditions and transition to a competitive procurement process or local management solution as soon as practicable. All emergency purchases will be documented, tracked, and closed once the emergency need no longer exists or competitive contracting can be completed.

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

DHSEM will work with Torrance County and the New Mexico Environment Department, to identify long-term mitigation strategies that reduce reliance on emergency procurement for water shortages. Future measures include developing pre-positioned statewide water hauling contracts, establishing mutual aid agreements with local governments, maintaining an updated list of certified water haulers, and coordinating with state and federal partners to improve well monitoring and drought response planning. These steps will ensure that resources and vendor agreements are in place before future water emergencies occur, minimizing the need for emergency procurement.

Certified by: Date: _______________

Agency Chief Procurement Officer

Agency Approval by: Date: _______________

Cabinet Secretary/Governmental Entity Head or Designee

Mark Melhoff FY26 Stamp

Mark Melhoff EP Stamp