Cable and Internet JA Updated Redacted.pdf

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition Office of the Chief Procurement Officer Version 3.5 and instructors with access to cable television and internet services. The contractor’s main office is located in Artesia NM and can provide the required services and support to FLETC.

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition. The statutory authority permitting other than full and open competition is 41 U.S.C.3304(a)(1) implemented by the FAR Subpart 6.302-1 entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Identification of Exception to the Buy American Statute. This section is not applicable to this justification and approval.

6. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited. PVT Networks Inc.’s ownership of current infrastructure and equipment allows standardized technical support and line of site operation of remotes and hidden cable boxes that are inaccessible to other vendors. PVT Networks Inc.’s main office is located in Artesia, NM with close proximity to FLETC, which facilitates rapid and efficient response to any cable or internet issues. While other vendors may be able to provide similar cable and internet services, PVT Networks Inc. is the only local contractor with the firsthand knowledge of the existing infrastructure and equipment needed to provide continued service to FLETC Artesia. PVT Networks estimated that the cost for another contractor to replace all the existing PVT fiber, coax feeder lines & coax main trunks, cable boxes, remotes & digital television adaptors, and associated equipment for the FLETC buildings would be approximately $750,000. The FLETC Technical Representative reviewed PVT’s estimate and concurred that the cost to switch to another contractor would be cost-prohibitive. Thus the use of another vender would incur high additional set-up costs and likely result in an interruption of required service and support.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable. An announcement of the Government’s intent to sole source this requirement will be posted on SAM.gov after this justification and approval has been reviewed and approved. The estimated date for this announcement is 30 September 2024.

8. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable. The contracting officer determines that the anticipated price will be fair and reasonable based on past contractual history (70LART24PPFB00023, 70LART22PPFB00030, and 70LART19PPFB00035, and HSFLAR-16-P-00036), GSA pricing information, and general market prices for similar services.

9. Description of Market Research. The SBA Dynamic Small Business Search (DSBS) website was searched on 3 Sep 2024 to identify possible sources within New Mexico that could provide the annual maintenance service. No vendors were found that provided both cable television and internet service and support. Found three small business vendors in NM that were 5.0+ hours to 3.5+ hours away from FLETC Artesia. The internet was also searched on 3 Sep 2024 for any local contractors that would be able to provide the required

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition Office of the Chief Procurement Officer Version 3.5

APPROVAL:

Contracting Officer