70-S0043-26-CP316_Chaparral Sole Source Broadband 07-2026-1.pdf.PDF

2021 Sole Source Form

STATE OF NEW MEXICO

SOLE SOURCE REQUEST AND DETERMINATION FORM

A sole source determination is not effective until the sole source request for determination has been posted for thirty (30) calendar days without challenge, and subsequently approved in writing by the State Purchasing Agent or, for Professional Services Agreements, the Secretary of the

General Services Department. The foregoing requirement is regardless of whether the sole source request for determination has been signed by the Agency and/or the Contractor.

I. Name of Agency: Gadsden Independent School District

Gadsden ISD

Agency Chief Procurement Officer: Georgina Galvan

Telephone Number: 575-882-6252

Agency Contact for this request: Georgina Galvan

Telephone Number & Email Address ggalvan@gisd.k12.nm.us

II. Name of prospective Contractor: Chaparral Holdings Corporation

SHARE Vendor Number (must be active): 52656

Address of prospective Contractor: 320 McCombs RD, STE A

Chaparral NM 88081

Contact Name, Telephone Number and Email Address:

Mychal Groth 915-433-7833 myke@o365.chaparralwireless.com

Amount of prospective contract before tax: $1,750,500.00

Estimated tax amount (tax is subject to change): $113,738.73

Term of prospective contract: One Year

Note: For terms longer than one year, Request for Policy Exemption from DFA MUST be included.

III. Agency is required to state purpose/need of purchase and thoroughly list the services

(scope of work), construction or items of tangible personal property of the prospective contract (if this is an amendment request to an existing contract, include current contract number issued by SPD):

mailto:myke@o365.chaparralwireless.com

Gadsden Independent School District (GISD) requires broadband services to provide reliable internet connectivity to participating student households throughout the District's geographic service area. GISD serves geographically dispersed communities, including rural areas where broadband service and infrastructure availability are limited.

The purpose of this procurement is to continue broadband connectivity that provides participating GISD student households with access to district instructional systems, online educational resources, and other district-provided digital services.

The scope of services includes:

• Continued operation and management of the existing wireless broadband network serving participating GISD student households.

• Provision of broadband internet connectivity throughout the GISD service area.

• Maintenance and servicing of the network infrastructure and equipment necessary to provide the contracted service.

• Technical support and troubleshooting for service-related network issues.

• Repair, replacement, and upgrade of network components, as necessary, to maintain reliable service.

• Timely response to network outages and service disruptions.

The service is necessary to maintain continuity of broadband connectivity for participating student households throughout GISD's geographically dispersed service area.

IV. Provide a detailed explanation of the criteria developed and specified by the agency as necessary to perform and/or fulfill the contract and upon which the state agency reviewed available sources. (Do not use “technical jargon;” use plain English. Do not tailor the criteria simply to exclude other contractors if it is not rationally related to the purpose of the contract.)

GISD developed the following criteria based on the operational and service requirements of the District's student broadband program:

• Ability to provide broadband service throughout the GISD service area, including rural and geographically dispersed communities.

• Existing infrastructure capable of providing service to participating student households without requiring construction and deployment of a replacement district-wide broadband network.

• Ability to provide broadband capacity sufficient to support access to district instructional systems, online educational resources, and other district-provided digital services.

• Ability to support simultaneous broadband service to participating student households located throughout the District's service area.

• Ability to operate, maintain, repair, and support the network infrastructure and equipment used to provide the contracted service.

• Ability to provide timely response to network outages and service disruptions.

• Ability to maintain continuity of service for participating student households during the contract term.

GISD reviewed available broadband providers and available service coverage within the

District's geographic boundaries. Although other broadband providers offer commercial internet service within portions of the GISD service area, GISD did not identify another provider with existing infrastructure capable of meeting the complete district-wide service requirement and maintaining continuity of service to participating student households throughout the GISD service area.

V. Provide a detailed, sufficient explanation of the reasons, qualifications, proprietary rights or unique capabilities of the prospective contractor that makes the prospective contractor the one source capable of providing the required professional service, service, construction or item(s) of tangible personal property. (Please do not state the source is the “best” source or the “least costly” source. Those factors do not justify a “sole source.”)

Chaparral Holdings Corporation currently operates the broadband infrastructure used to provide GISD-sponsored internet connectivity to participating student households throughout the District's service area.

The existing network includes deployed wireless broadband infrastructure, network equipment, established service connections, and supporting network systems necessary to provide broadband connectivity across GISD's geographically dispersed communities.

Chaparral Holdings Corporation has the existing operational infrastructure necessary to continue providing the contracted service to participating student households throughout the

GISD service area. Continuation of service does not require the construction and deployment of a replacement district-wide broadband network or the migration of participating households to multiple service providers.

GISD's review did not identify another provider with existing infrastructure capable of assuming the complete service requirement throughout the GISD service area while maintaining continuity of broadband connectivity to participating student households.

The unique capability relevant to this procurement is Chaparral Holdings Corporation's existing, deployed, and operational broadband infrastructure serving the geographic area and households included within the GISD student broadband program.

VI. Provide a detailed, sufficient explanation of how the professional service, service, construction or item(s) of tangible personal property is/are unique and how this uniqueness is substantially related to the intended purpose of the contract.

The required service is unique because fulfillment of the contract depends upon the continued operation, maintenance, and support of an existing broadband network deployed throughout the

GISD service area and currently used to provide connectivity to participating student households.

The intended purpose of the contract is not the purchase of individual commercial internet subscriptions or broadband service for a limited number of locations. The intended purpose is to maintain broadband connectivity for participating student households located throughout

GISD's geographically dispersed service area under a district-sponsored broadband program.

The existing network provides established infrastructure and service capability across the geographic area included within the District's program. Continuation of the service requires operation, maintenance, technical support, and servicing of the currently deployed network infrastructure.

An alternative provider would need to possess comparable existing infrastructure capable of serving the complete GISD service area or construct and deploy replacement infrastructure before assuming the full service requirement. GISD has not identified another provider with existing infrastructure capable of assuming the complete district-wide service requirement and maintaining continuity of connectivity to participating student households.

The existing deployed infrastructure and its ability to provide continuous service throughout the GISD service area are substantially related to the intended purpose of the contract.

VII. Explain why other similar professional services, services, construction or item(s) of tangible personal property cannot meet the intended purpose of the contract.

Other broadband providers offer commercial internet services within portions of GISD's geographic boundaries. However, the existence of commercial broadband service in individual communities or locations does not satisfy the complete scope and intended purpose of this procurement.

GISD requires a provider capable of supporting the District's student broadband program throughout the GISD service area, including participating student households located in rural and geographically dispersed communities.

Based on GISD's review of available providers and service coverage, other identified broadband providers have limited or incomplete infrastructure coverage within portions of the District's service area or would require additional infrastructure construction and deployment before providing comparable district-wide service.

Using providers capable of serving only selected communities or portions of the GISD service area would not fulfill the complete service requirement. Dividing the service among multiple providers would also require the migration of participating households to separate commercial networks and would not provide continuation of the existing district-sponsored broadband network and associated services included within the scope of this procurement.

GISD has not identified another provider with existing infrastructure capable of assuming the complete service requirement throughout the District's geographic service area while maintaining continuity of broadband connectivity to participating student households.

Accordingly, similar commercial broadband services available within portions of the District cannot meet the complete intended purpose and scope of this procurement.

VIII. Provide a narrative description of the agency’s due diligence in determining the basis for the procurement, including procedures used by the agency to conduct a review of available sources such as researching trade publications, industry newsletters and the internet;;

contacting similar service providers; and reviewing the State Purchasing Divisions’

Statewide Price Agreements. Include a list of businesses contacted (do not state that no other businesses were contacted), date of contact, method of contact (telephone, mail, e-mail, other), and documentation demonstrating an explanation of why those businesses could not or would not, under any circumstances, perform the contract; or an explanation of why the agency has determined that no businesses other than the prospective contractor can perform the contract.

GISD conducted a review of available broadband service providers and infrastructure coverage to determine whether another provider could meet the complete service requirements of the

District's student broadband program.

As part of its review, GISD examined publicly available broadband coverage and availability information, including Federal Communications Commission broadband availability information and publicly available service coverage information provided by regional broadband providers.

GISD also reviewed applicable Statewide Price Agreements and available information concerning broadband service providers operating within or near the District's geographic service area.

GISD reviewed service availability from regional broadband providers, including the following:

• CenturyLink/Lumen – The provider did not have infrastructure capable of providing the required service throughout GISD's full service area.

• Comcast/Xfinity – Available service coverage did not extend throughout the District's rural service area.

• Vexus Fiber – Existing fiber infrastructure did not provide coverage throughout GISD's service area and would require additional infrastructure deployment.

GISD evaluated whether identified providers had existing infrastructure capable of providing the complete required service throughout the GISD service area and maintaining continuity of broadband connectivity to participating student households.

Although other providers offer broadband service within portions of GISD's geographic boundaries, GISD's review did not identify another provider with existing infrastructure capable of assuming the complete district-wide service requirement. Identified alternative providers either lacked service infrastructure throughout portions of the GISD service area or would require additional infrastructure construction and deployment before providing comparable district-wide service.

GISD also considered whether the service requirement could be fulfilled through multiple broadband providers. GISD determined that individual providers serving limited geographic areas would not provide continuation of the existing district-sponsored broadband network and would require migration of participating households to multiple separate provider networks.

Such an arrangement would not constitute continuation of the existing service and associated network operations included within the scope of this procurement.

Based on GISD's review of available sources, provider service availability, and existing broadband infrastructure within the District's geographic service area, GISD determined that

Chaparral Holdings Corporation is the only identified provider currently capable of fulfilling the complete scope and intended purpose of the procurement using existing deployed infrastructure and maintaining continuity of broadband connectivity to participating student households throughout the GISD service area.

Certified by: Date:

Agency Chief Procurement Officer

Agency Approval by: Date:

Cabinet Secretary/Agency or Entity Head or Designee

APPROVED: Date:

State Purchasing Agent

If this sole source is being submitted by a governmental agency or governmental entity not under the final authority of the State Purchasing Agent, the State Purchasing Agent’s signature is not required. The signature line may be removed from this form or marked as N/A. Hard Copy

Documentation for Courtesy Postings do not need to be submitted to SPD for approval.