60-80500-25-EM086_SVI_EMERG03_Amendment_No._2 EXECUTED Full Packet.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: NM Department of Transportation

Agency Chief Procurement Officer: Christina Baca

Telephone Number: 505.469.8800

II. Name of Contractor: Stampede Ventures, Inc. (Contractor) Address of Contractor: 7411 Hancock Court NE, Albuquerque, NM 87109

Amount of prospective contract: $0 (Construction)

Term of prospective contract: 60 day extension of existing contract (8/12/2024 � 10/10/25)

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

Due to continued flood damage caused by the burn scar resulting from the Calf Canyon/Hermits Peak Fire, continued emergency debris removal and emergency repair is needed for the San Miguel/Mora County areas. In order to continue these services through the current monsoon season and into the winter, we are looking to extend the existing contract by 60days.

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 Calf Canyon/Hermits Peak Fire was the largest wildfire in New Mexico history burning 341,471 acres in the southern Sangre de Cristo Mountains in San Miguel County, Mora County, and Taos County during 2022 wildfire season. The fires caused a major Emergency due to the erosion caused by the continuous rain falls and flooding. The extent of damage caused by this disaster is significant. The effects of this fire are continuing. As a result, the burn scar area continues to see significant flooding damage. Because of this, the governor issued another emergency declaration for the area (EO 2024-094) on June 24, 2024 .

In order to provide continued response as flooding damage occurs, the NMDOT is looking to extend its contract with Stampede Ventures, Inc. Stampede Ventures has been providing the initial flood mitigation and has staff, equipment, and material mobilized in the area.

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.).

Pursuing emergency procurement to mitigate/prevent flooding issues and for flood debris removal will help to minimize the overall impacts and reduce the amount of emergency procurement needed in the future. Due to the indefinite possibilities of situations that may be encountered, the ability to properly estimate an exact term or amount is impossible. The overall goal will be to attempt to mitigate all future needs for this emergency procurement, but this will be dependent on the future rainfall

80,000,000 and flooding it may cause.

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

Unfortunately, this type of circumstance is beyond the NMDOT's control. NMDOT currently attempts to anticipate possible scenarios when fires and flooding occurs to ensure all measures available are taken to assist with the prevention of possible damage.

Certified by: Date: _______________

Agency Chief Procurement Officer

Agency Approval by: Date: _______________

Cabinet Secretary/Governmental Entity Head or Designee