JA NCFI Internet Services.pdf

Justification and Approval (J&A) when using Simplified Acquisition Procedures for Commercial Products and Services Procurements exceeding the Simplified Acquisition Threshold (SAT), but less than $9M pursuant to 41 U.S.C. 1901, including Brand Name

J&A No: FY26-96 Page 1 of 10

12.5.2025 v.1.0

J&A Number: FY26-96 PR Number: PR-26-USSS-1900

JUSTIFICATION AND APPROVAL FOR OTHER

THAN FULL AND OPEN COMPETITION

Simplified Procedures for Commercial Products and Services 41 U.S.C. 1901

1. Agency and Contracting Activity. The U.S. Secret Service (USSS), Office of Procurement, proposes to enter into a sole source contract using simplified acquisition procedures (SAP) in accordance with Federal Acquisition Regulation (FAR) 12.201-1(FAR Class Deviation 25-

21) and 41 U.S.C. 1901.

2. Nature and/or description of the action being approved.

(a) Nature of action. USSS intends to award a sole-source Firm Fixed Price contract to Charter Communications Operating Limited Liability Company (LLC) doing business as (d/b/a) Spectrum Business for business internet, dedicated fiber connectivity, enterprise television service, Internet Protocol Cloud (IPCloud) hosting, static Internet Protocol (IP) addresses, network equipment, maintenance, and support for the National Computer Forensics Institute (NCFI) campus in Hoover, Alabama, and the NCFI Lab in Tulsa, Oklahoma.

The services are required to support NCFI�s mission to educate, train, and equip State, local, Tribal, and territorial law enforcement officers, prosecutors, and judges, as well as other eligible participants, regarding the investigation and prevention of cybersecurity incidents, electronic crimes, and related cybersecurity threats.

(b) Name and address of the contractor.

Charter Communications Operating LLC d/b/a Spectrum Business Unique Entity Identifier (UEI): MX16CA896HK5 Commercial and Government Entity (CAGE): 4WWK4 Address: 12405 Powerscourt Drive, Saint Louis, Missouri, 63131-3673

Business Size: Large Business (typically classified under North American Industry Classification System (NAICS) 517111 - Wired Telecommunications Carriers).

(c) Contract type. Firm Fixed Price

(d) Estimated total value, including options.

Period Duration Total

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Total $441,390.57

(e) Type of funding Operations and support funds

(f) Year of funding Fiscal Year 2026

(g) Solicitation number. 70US0926Q70092899

(h) Background information about the requirement.

NCFI currently provides education, training, and equipment to State, local, Tribal, and territorial law enforcement officers, prosecutors, and judges at its campus in Hoover, Alabama. The NCFI Lab in Tulsa, Oklahoma, provides research into emerging technologies that affect law enforcement and supports the development of new curriculum to address emerging cybercrimes.

Both locations require robust, reliable, high-speed internet connectivity to support NCFI�s training, research, operational communications, secure cloud connectivity, Voice over IP systems, enterprise network operations, and daily data synchronization with centralized USSS servers. The requirement must support a concurrent user base of approximately 500 students and 70 staff.

3. Description of Supplies/Services.

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to provide business internet, connectivity, enterprise TV, IPCloud hosting, static IP addresses, equipment, maintenance, and support for the NCFI Hoover, Alabama campus and the NCFI Lab in Tulsa, Oklahoma.

The requirement includes the following:

1. Hoover Spectrum High-Speed Internet Service

Internet access service implemented using a fiber access network at NCFI, 2020 Valleydale Road, Suite 209, Hoover, Alabama 35244, including:

Dedicated fiber internet connection at 10 Gigabits per second (Gbps);

13 static IP addresses; and Enterprise network router rated to accept a minimum of 10 Gbps.

2. Hoover Spectrum Enterprise Television (TV) Service Enterprise (ENT) TV service consisting of ENT TV Set-Back Box (SSB) IP Delivery using Ethernet inside wiring, deluxe programming, and associated equipment.

3. Tulsa Spectrum High-Speed Internet Service Internet access service implemented using a fiber access network at the NCFI Lab, 2821 E. 8th Street, Tulsa, Oklahoma 74104, including:

Dedicated fiber internet at 1 Gbps;

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13 static IP addresses; and Enterprise network router rated to accept a minimum of 1 Gbps.

4. IPCloud Hosting for NCFI Hoover IPCloud hosting for NCFI Hoover, 2020 Valleydale Road, Suite 209, Hoover, Alabama 35244, including:

Dedicated fiber internet with 100 megabits per second (Mbps) speeds; and 5 static IP addresses.

The requirement also includes 24/7/365 proactive network monitoring and Technical Assistance Center support. Service shall be activated within five business days after execution of the contract.

The supplies and services are commercial products and commercial services as defined in FAR Part 2 and are customarily offered in the commercial marketplace. The requirement is suitable for acquisition using FAR Part 12 procedures.

4. Identification of the authority.

41 U.S.C. 1901, using SAP up to $9M as authorized and implemented by FAR 12.102(b) (FAR Class Deviation 25-21).

5. Identification of Exception to the Buy American Statute.

No exception to the Buy American Statute is being used.

This requirement is for commercial telecommunications and related services. The J&A does not rely on the nonavailability exception under FAR 25.103(b)(2) or FAR 25.202(a)(2).

6. Demonstration that the proposed contractor�s unique qualifications or the nature of the acquisition requires use of the authority cited.

(a) Circumstances for Not Using Full and Open Competition

This acquisition is justified on the basis that only one responsible source is capable of meeting the Government�s complete requirement within the required timeframe and without unacceptable delay, disruption, and duplicative cost.

NCFI requires secure, reliable, high-speed dedicated fiber internet service to sustain mission-critical training, research, continuity of communications, secure cloud connectivity, Voice over IP operations, daily data synchronization with centralized USSS servers, enterprise TV service, IPCloud hosting, static IP addressing, enterprise routing, maintenance, and technical support.

The required service must be activated within five business days after contract execution.

Market research and coordination with NCFI facility personnel, information technology personnel, and USSS network personnel confirmed that Spectrum Business is the existing telecommunications provider with active fiber-optic infrastructure serving the required NCFI

J&A No: FY26-96 Page 4 of 10 facility. Spectrum has existing physical fiber infrastructure capable of terminating service directly into the facility�s Main Distribution Frame. No other provider was identified as having comparable existing physical transport media, conduits, lateral lines, or points of presence already built into the required facility and capable of meeting the five-business-day activation schedule.

The commercial telecommunications market is competitive at the national and regional level.

However, at the building-specific �last mile� level, competition is often limited by the physical infrastructure already installed into a specific facility. For this requirement, the Government�s need is location-specific and depends on available physical fiber infrastructure that is already constructed into the facility.

(b) Events Leading to the Requirement for Other Than Full and Open Competition, Including Whether Any Portion Can Be Segregated for Competition

NCFI�s mission requires uninterrupted high-speed internet connectivity at the Hoover campus and Tulsa Lab. The Hoover campus supports education and training for a large student and staff population, while the Tulsa Lab supports research and curriculum development related to emerging technologies and cybercrime. The requirement includes dedicated fiber internet, static IP addresses, enterprise routing equipment, enterprise TV service, IPCloud hosting, maintenance, and technical support.

The need for sole-source procurement results from the location-specific nature of fiber service delivery. Spectrum Business has existing active fiber infrastructure serving the required facility.

Other providers would need to construct new last-mile infrastructure or rely on third-party arrangements to deliver comparable service. Such alternatives would require extended provisioning timelines and could involve trenching, street cutting, municipal permitting, boring, conduit installation, inside wiring, and building modifications.

The Government considered whether portions of the requirement could be segregated for competition. Segregating the requirement would not be practical or in the Government�s best interest because the services are interdependent and must function as an integrated telecommunications solution. The requirement includes internet connectivity, static IP addressing, enterprise routing, enterprise TV service, IPCloud hosting, monitoring, maintenance, and rapid service activation. Splitting these services among multiple providers would increase technical integration risk, coordination risk, service responsibility disputes, and potential delays.

Additionally, portions of the requirement remain dependent on the same physical fiber infrastructure and service delivery path.

(c) Alternatives Considered and Why They Will Not Work

The Government considered alternative providers, alternative contract vehicles, and alternative technologies.

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Alternative providers:

Market research identified numerous vendors registered in System for Award Management (SAM.gov) under NAICS 517111. However, no alternate provider was identified that could meet the complete requirement within the required five-business-day activation timeframe without significant new last-mile construction, third-party infrastructure arrangements, or extended provisioning lead times. Alternate providers would likely need to build out fiber networks to the facility, resulting in substantial non-recurring costs and schedule delays.

Department of Homeland Security (DHS)-wide and multi-component contract vehicles:

DHS-wide and multi-component contract vehicles were reviewed. No DHS-wide or multi-component contract vehicle was identified that provides the specific requirement or an equivalent solution.

DHS Strategic Sourcing Vehicles:

DHS Strategic Sourcing Vehicles (SSVs) were reviewed by category. No mandatory DHS Strategic Sourcing Vehicle was identified that provides the specific requirement or an equivalent.

Federal Supply Schedules (FSS):

Federal Supply Schedules were reviewed. No Federal Supply Schedule solution was identified that could meet the specific location-dependent fiber requirement under NAICS 517111.

Alternative technologies:

Alternative technologies such as commercial broadband cable, Digital Subscriber Line (DSL), and fixed wireless were considered but do not meet the Government�s minimum requirements.

Commercial broadband typically provides shared bandwidth and asymmetrical speeds, which do not support NCFI�s concurrent user base, secure cloud connectivity, Voice over Internet Protocol (VoIP) operations, and daily data synchronization needs. Fixed wireless is vulnerable to line-of-sight obstructions and atmospheric attenuation, including rain fade. These alternatives do not provide the reliability, bandwidth, latency, and security of a dedicated physical fiber path.

(d) Mission Impact if the J&A Is Not Approved If the J&A is not approved and the service is not acquired from Spectrum Business, NCFI may experience unacceptable delays in obtaining or maintaining the required high-speed dedicated fiber connectivity. An alternate provider would likely require new construction, permitting, trenching, conduit installation, inside wiring, building modifications, or third-party last-mile arrangements. These actions could delay service activation by several months and result in substantial non-recurring costs.

Such delay or service disruption would adversely affect NCFI�s ability to deliver training, support a large student and staff population, conduct research at the Tulsa Lab, maintain secure cloud connectivity, operate VoIP systems, synchronize data with centralized USSS servers, and sustain mission-critical cybercrime and electronic-crime training operations.

(e) Buy American Nonavailability Exception

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Not applicable. This J&A does not rely on the nonavailability exception to the Buy American Statute under FAR 25.103(b)(2) or FAR 25.202(a)(2).

Additional Required �Only One Responsible Source� Information

Specific requirements:

The Government requires dedicated fiber internet service at 10 Gbps for Hoover, dedicated fiber internet service at 1 Gbps for Tulsa, 100 Mbps IPCloud hosting for Hoover, 31 total static IP addresses, enterprise routing equipment, enterprise TV service, equipment, maintenance, 24/7/365 monitoring, and Technical Assistance Center support. Service must be activated within five business days after contract execution.

Why only Spectrum Business can fulfill the requirement:

Spectrum Business has existing physical fiber infrastructure serving the required facility and can provide the bundled services within the required activation timeframe. Spectrum requires $0.00 in non-recurring construction costs to provision the required service and can activate services using existing service capability.

Why other proposed contractors are unable to meet the requirement:

Other providers were not identified as having existing physical fiber infrastructure already serving the required facility and capable of meeting the five-business-day activation requirement.

To meet the requirement, they would likely need new fiber build-out, third-party last-mile arrangements, or extended provisioning timelines.

Unique capabilities or qualifications of Spectrum Business:

Spectrum Business owns or controls the existing active fiber infrastructure serving the required facility and can provide the complete bundled requirement, including dedicated fiber internet, static IP addressing, enterprise routing equipment, enterprise TV service, IPCloud hosting, maintenance, monitoring, and support.

Harm to the Government if the service is not acquired from Spectrum Business:

Failure to acquire the service from Spectrum Business would result in unacceptable risk to continuity of operations, training delivery, research support, secure cloud connectivity, VoIP operations, and data synchronization. It would also likely require substantial duplicative construction costs and significant delays.

7. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.101 (FAR Class Deviation 25-17) and, if not, which exception under FAR 5.101(b) (FAR Class Deviation 25-17) applies.

Market research was conducted from 7/1/2026 through 8/14/2026. The Government reviewed available acquisition history, existing service and infrastructure information, recent telecommunications and fiber internet market research, Government databases, DHS-wide and

J&A No: FY26-96 Page 7 of 10 multi-component contract vehicles, DHS Strategic Sourcing Vehicles, Federal Supply Schedules, SAM.gov, and Contractor Performance Assessment Reporting system (CPARS).

The Government also coordinated with USSS Chief Information Officer (CIO)/network personnel, the NCFI facility information technology team, building management, and the Program Office.

SAM.gov was reviewed under NAICS 517111. The search identified numerous registered vendors under the NAICS code. However, no vendor other than Spectrum Business was identified that could meet the complete requirement within the required five-business-day activation timeframe and without significant new construction, third-party last-mile arrangements, or extended provisioning timelines.

A notice of the proposed contract action will be published in SAM.gov within 14 days of award.

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 market research, comparison to commercial market pricing for similar telecommunications services, available commercial pricing information, review of pricing for comparable dedicated internet access services, and analysis of the contractor�s final quoted prices.

Market research indicates that dedicated 1 Gbps internet access circuits typically range from approximately $ per month, depending on geographic location and building access. Dedicated 10 Gbps internet access circuits typically range from approximately $ $ per month. Prices vary based on geographic density, building access, last-mile infrastructure availability, required equipment, service level requirements, support requirements, and installation complexity.

The Government�s requirement also includes IPCloud hosting, enterprise TV service, static IP addresses, enterprise routing equipment, maintenance, 24/7/365 proactive monitoring, and Technical Assistance Center support. These bundled requirements affect total pricing.

The Contracting Officer will compare the final proposed price to the Independent Government Cost Estimate (IGCE), available market pricing, historical or similar acquisition pricing, and the results of market research. The Firm Fixed Price contract structure, with option prices established at award, limits the Government�s exposure to contractor cost growth.

9. Description of market research.

Market research was conducted in accordance with FAR Part 10 and Homeland Security Acquisition Manual (HSAM) 3010.001(e) from 7/1/2026 through 8/14/2026.

The following market research techniques and sources were used:

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1. DHS Advance Acquisition Plan and Acquisition Planning Forecast System Acquisition Planning Forecast System (APFS) F2026075517 was reviewed.

2. Acquisition history and infrastructure information Available acquisition history and existing service/infrastructure information for the NCFI Hoover and Tulsa connectivity requirements were reviewed. No prior contract history was identified for this specific requirement, but Spectrum Business has existing physical fiber infrastructure serving the NCFI Hoover facility.

3. Recent telecommunications market research Recent market research for dedicated internet access, enterprise fiber availability, service lead times, and construction cost drivers was reviewed.

4. Interviews with Government personnel USSS CIO/network personnel, NCFI facility information technology personnel, building management, and Program Office representatives were consulted regarding existing infrastructure, bandwidth needs, required service locations, continuity requirements, and feasibility of alternate providers.

5. SAM.gov SAM.gov was reviewed under NAICS 517111. Numerous vendors were identified as registered under the NAICS code. However, market research did not identify another source capable of meeting the complete bundled requirement within the required five-business-day activation timeframe and without significant new last-mile construction or third-party infrastructure.

6. DHS-wide and multi-component contract vehicles DHS-wide and multi-component contract vehicles were reviewed. No vehicle was identified that provides the specific requirement or an equivalent solution.

7. DHS Strategic Sourcing Vehicles DHS Strategic Sourcing Vehicles were reviewed by category. No mandatory DHS Strategic Sourcing Vehicle was identified that provides the specific requirement or an equivalent.

8. Federal Supply Schedules Federal Supply Schedules were reviewed. No schedule solution was identified that could meet the specific location-dependent requirement.

9. Small Business Specialist review The requirement was reviewed with the Small Business Specialist. No small business source was identified that could meet the complete requirement within the required activation timeframe and without significant new last-mile construction or reliance on third-party infrastructure.

10. CPARS

CPARS was reviewed for Charter Communications Operating LLC d/b/a Spectrum Business, UEI MX16CA896HK5.

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Market research showed that dedicated internet access, enterprise TV service, static IP addressing, enterprise routing equipment, and IPCloud hosting are commercial products and commercial services customarily offered in the commercial marketplace. However, the specific NCFI requirement is constrained by location-specific infrastructure, existing fiber availability, last-mile construction requirements, and the Statement of Work (SOW) five-business-day activation requirement. Spectrum Business was identified as the only source capable of meeting the complete requirement within the required timeframe and without significant new construction or extended provisioning timelines.

Market research was also used to assist the Contracting Officer�s price reasonableness determination by identifying commercial price ranges for dedicated 1 Gbps and 10 Gbps internet access circuits and by identifying cost drivers associated with last-mile construction, building access, inside wiring, service level requirements, and support.

No patents, copyrights, or intellectual property restrictions are applicable to this acquisition.

10. Any other facts supporting the use of other than full and open competition.

None.

11. A listing of the sources, if any that expressed, in writing, an interest in the acquisition.

No sources expressed an interest in writing.

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.

The Government will continue to monitor the telecommunications market and assess whether other providers establish physical fiber infrastructure capable of serving the NCFI facilities.

Before any subsequent acquisition, the agency may consider the following actions to remove or reduce barriers to competition:

1. Conduct updated market research to determine whether additional carriers have established last-mile fiber infrastructure into the required facilities;

2. Reassess whether the five-business-day activation requirement remains necessary;

3. Determine whether future facility planning, lease negotiations, or infrastructure projects can include carrier-neutral conduit, diverse fiber entrances, or multi-provider access;

4. Coordinate with the facility owner or building manager regarding potential opportunities to increase carrier access;