Per NMSA 13-1-127, Emergency contracts/procurements may not be made until after the County Manager, Finance Director ((2013)or
designee thereof) determines that there exists a threat to public health, welfare, safety, or property requiring procurement under emergency conditions; provided that emergency procurements shall be made with competition as is practicable under the circumstances.
An emergency condition is a situation that creates a threat to public health, welfare, or safety such as may arise by reason of floods, fires, epidemics, riots, acts of terrorism, equipment failures, or similar events, and includes the planning and preparing for an emergency response.
The existence of the emergency condition creates an immediate and serious need for services, construction, or items of tangible personal property that cannot be met through normal procurement methods and the lack of which would seriously threaten:
The functioning of the government
The preservation or protection of property
The health or safety of any person
No later than 72 hours after an emergency procurement, the Finance Director or designee thereof shall post a notice of an emergency procurement on the County website. The notice shall remain posted for a period of no less than 72 hours.