Cable Internet JA 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 3.6

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

41 U.S.C. 3304(a)(1)

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity. The Department of Homeland Security (DHS), Federal

Law Enforcement Training Centers (FLETC), Procurement Division (PRO), Artesia Field Branch, 1300 West Richey Avenue, Artesia, NM 88210 proposes to enter into a contract on a basis other than full and open competition to provide cable television and internet services.

2. Nature and/or Description of the Action being Approved.

(a) Nature of action: FLETC PRO intends to procure on a sole source basis cable television and internet services for one year (1 October 2025 through 30 September 2026).

(b) Name and address of the contractor: PVT Networks Inc., 4011 West Main St, Artesia, NM 88210.

(c) Contract type: Firm fixed price.

(d) Estimated total value (including options):

This service was previously awarded under sole source under purchase order 70LART24PPFB00038, which expires on 30 September 2025.

(e) Type of funding: Operations

(f) Year of funding: Fiscal Year 2026

(g) Solicitation Number: 70LART25QPFB00017

(h) Background information about the requirement: The current purchase order 70LART24PPFB00038 was awarded on 27 Sep 2024 to PVT Networks Inc., on a sole source basis after it was determined they were the only responsible source available.

3. Description of Supplies/Services. The requirement is to provide cable television and internet services to FLETC Artesia. The contractor shall provide cable television services for 1,305 rooms (1,255 dormitory rooms, 50 offices, common areas and a dispatch room), including one TV Connector plus 67 basic channels and local programming. Additionally, the contractor must provide High Speed Internet Services for Building 5, Room 207 (1G X 50M). The contractor shall replace any equipment that is found faulty and provide service calls Monday through Friday as requested. This service will provide FLETC Artesia students

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition 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. currently owns all the existing infrastructure and equipment needed to provide continued service to FLETC Artesia.

A different contractor would have to replace all the cable, boxes, and other equipment at considerable cost and time.

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

In addition to the cost of replacing the current infrastructure with another contractor, the time required to exchange this infrastructure (including cabling for 1300+ cable boxes) could take several weeks and even months to accomplish with two contractors constantly trying to deconflict their work around each other. This would result in an interruption of service for both students and staff on FLETC Artesia.

The use of streaming services has been contemplated by FLETC Artesia but its integration would require significant upgrades by the Govt in order to facilitate. This would include increased electrical capacity and outlets in dorm rooms, as well as newer smart TVs.

Streaming services would still need internet connections and thus require a sole source provider to deliver the service.

The FLETC Technical Representative reviewed the estimated cost and time needed to switch to another contractor and determined the change at this time would be cost-prohibitive. The use of another contractor would incur high additional set-up costs and 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. This requirement was posted on APFS on 1 Aug 2025 and to date no responses have been received. An announcement of the Government’s intent to sole source this requirement will be posted on SAM.gov after this justification and

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition approval has been reviewed and approved. The estimated date for this announcement is 30 September 2025.

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 (70LART24PPFB00038, 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 7 Aug 2025 for possible sources within southeast NM that could provide television and internet services and found 1 small business vendor that was not located in Artesia. The internet was also searched on 7 Aug 2025 for any local contractors that would be able to provide the required service and support. Specific price lists were unavailable from other vendors as the existing infrastructure and equipment is unique to FLETC Artesia. This requirement was also posted on APFS on 1 Aug 2025 and to date no responses have been received.

The market research showed that PVT Networks Inc’s was the local contractor best suited to provide the continued service and support. Due to the unique nature of the service and the contractor’s existing infrastructure explained in this document, competition would not be realistic as the current contractor owns all the cable, boxes, and other equipment needed to provide continued service to FLETC Artesia, and using a different contractor would be significantly prohibitive in terms of both cost and time.

10. Any Other Facts Supporting the Use of Other Than Full and Open Competition. PVT

Networks Inc. is the only contractor experienced with working on the existing infrastructure and equipment at FLETC Artesia. PVT Networks Inc. has provided continued service and support for FLETC Artesia over the past several years, and the use of another contractor would incur high additional set-up costs and an unacceptable interruption of required service and support.

11. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the

Acquisition. The justification and approval for the current purchase order 70LART24PPFB00038 was posted on SAM.gov on 27 Sep 2024 with no responses received from interested vendors. An announcement of the Government’s intent to sole source this requirement will again be posted on SAM.gov and responses from any interested vendors will be addressed.

12. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome

Any Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required. Market research will continue to be performed to determine if any new vendors can meet the cable and internet needs of FLETC Artesia. In the future, if market research indicates that additional sources can provide the cable television and internet