1.5.1-SSJ_Redacted- Internet & Cable Service San Antonio.pdf

PDF 258 KB Posted

Attached to
Internet Service San Antonio Federal contract opportunity
Solicitation number
70CMSD25P00000007
Issued by
Immigration and Customs Enforcement

About this file

This is a Sole Source Justification for Simplified Acquisitions document issued by ICE's Office of Acquisition Management for internet and TV services at HSI San Antonio and Laredo, TX offices. The justification supports awarding a new firm-fixed-price purchase order worth $176,625.40 to Spectrum (Charter Communications Operating, LLC) as the only capable provider.

The requirement is for commercially available internet service with 100 megabytes upload/download speeds, static IP address, 24-hour support with 4-6 hour response time, installation within 30 days, and minimal outages. Spectrum is justified as the sole source because they already have fiber infrastructure at the locations, while other providers like AT&T would require 60+ days to establish service. The document notes that AT&T previously provided inadequate service with up to 10-day outages during storms. Spectrum provides dedicated fiber connection, guaranteed speeds, and 4-hour service restoration compared to competitors' shared commercial grade services with variable speeds. Price reasonableness was determined by comparing to previous similar contracts (70CMSD24P00000003, 70CMSD23P00000011, and 70CMSD22P00000013).

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OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

SOLE SOURCE JUSTIFICATION FOR SIMPLIFIED ACQUISITIONS

NOT EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

(INCLUDING BRAND-NAME)

- 1 -

J&A-25-0036

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), Office of Acquisition Management (OAQ), proposes to enter into a contract on behalf of Homeland Security Investigations (HSI) San Antonio on a basis of other than full and open competition.

2. Nature and/or description of the item/service being procured and anticipated cost.

(a) Type of action: New, Firm-Fixed Price (FFP) Purchase Order

(b) Amount the current J&A is justifying (must be $250,000 or less): $176,625.40

(c) Brief Description: OAQ intends to procure, on a sole source basis, internet and TV services for the HSI San Antonio and Laredo, TX offices. The vendor listed below is the only internet and TV service provider able to provide service at the two (2) locations.

Spectrum (Charter Communications Operating, LLC) 12405 Powerscourt Drive Saint Louis, MO 63131

3. Sole Source Justification Rationale in accordance with FAR 13.106-1(b)(1)(i) and (ii).

(Check one and provide rationale below):

Only one source reasonably available Urgent and compelling circumstances exists Exclusive licensing agreement exists Brand name - If the brand name requirement applies to a portion of the procurement, please identify that portion.

Industrial Mobilization Other

Rationale:

To ensure the efficient and secure capturing of video evidence remotely, the stand-alone commercially available internet line with the specified requirements should meet the following conditions:

SOLE SOURCE JUSTIFICATION FOR SIMPLIFIED ACQUISITIONS

NOT EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

(INCLUDING BRAND-NAME)

- 2 -

- Commercially available internet with a static IP address+-.

- 24-hour support from provider with a four (4) to six (6) hour response time to site.

- Installation no later than thirty (30) days from placement of order for service.

- Speeds of 100 megabytes up and down.

- Provider must possess a circuit near or at the site of the requesting Special Agent in

Charge (SAC) Office to avoid delayed installation.

- Reliable internet service with minimal to zero outages.

By meeting these conditions, the internet service will support the efficient and secure collection of video evidence, which is vital for the success of criminal investigations.

HSI SAC San Antonio’s building locations are in an outdated part of town where infrastructure has not been upgraded. Spectrum currently provides the required services under contract, 70CMSD24P00000003, expiring February 6, 2025. Spectrum already pulls a fiber connection into the buildings. Previously solicited companies could not provide the upload/download speed required, or the quality of service in the area. Research has indicated that other providers would have to pull a fiber connection from a circuit that is not currently at the street. For example, AT&T’s estimated time frame will take up to sixty (60) days to set up infrastructure to provide fiber service, because a circuit is not at the street connection. Using a vendor other than Spectrum will lead to longer lead times for this critical service, and service cannot lapse after the current contract, 70CMSD24P00000003, ends on February 6, 2025.

Prior to Spectrum taking over the service in FY22 under 70CMSD22P00000013, AT&T provided services but have been unable to meet the newer requirements. Also, AT&T phone service was interrupted and went offline each time there was a storm. AT&T repair times on these issues were up to ten (10) calendar days, which is too long of down time for this critical service.

Fiber is not required; however, 100 megabytes upload and 100 megabytes download is required.

Research has established that only a fiber connection can provide this type of upload/download speeds. Spectrum has provided an option above “commercial grade/business internet connection” which other providers have not. Commercial grade/business internet has the following downfalls:

- Consumer grade, which means the connection is shared.

- The speed is not guaranteed or symmetrical. At times, the speed could go down to 80 megabytes download and 10 megabytes upload.

- This type of service has no service level agreements, meaning the connection would be restored as soon as possible, not a set time frame.

Spectrum Fiber service provides the following:

- Dedicated connection/server for just SAC San Antonio as the customer.

- Guaranteed 100 megabytes upload/download.

- Service level agreement requires service to be restored within four (4) hours, not just receive a response in four (4) hours.

SOLE SOURCE JUSTIFICATION FOR SIMPLIFIED ACQUISITIONS

NOT EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

(INCLUDING BRAND-NAME)

- 3 -

Spectrum conducted a site survey on January 22, 2025, to provide an updated quote and service. Spectrum is able to upgrade the Fiber Internet circuits at each location with a lower monthly rate than what the Government is currently paying for at a lower speed.

4. The anticipated price will be determined fair and reasonable based on one or more of the price analysis techniques described below in accordance with FAR Part 13.106- 3(a)(2). (Check one and provide short description of action taken.)

Market Research.

Comparison of the proposed price with prices found reasonable on previous purchases.

Current price List.

Comparison with similar items in a related industry.

Comparison to IGCE.

Contracting Officer’s personal knowledge.

Other.

Short description of how price was determined fair and reasonable:

Prices were determined fair and reasonable by researching previous purchases for same/similar Internet Services.

- 70CMSD24P00000003:

One-year, two (2) locations =

- 70CMSD23P00000011:

- 70CMSD22P00000013:

5. Approval of the Contracting Officer:

Michelle Levine Date

MICHELLE E LEVINE

Digitally signed by MICHELLE E

LEVINE

Date: 2025.01.29 10:49:45 -06'00'

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