Network JA Signed 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 3.4

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

(Authority 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 2023 through 30 September 2024).

(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 70LART22PPFB00030, which expires on 30 September 2023.

(e) Type of funding: Operations

(f) Year of funding: Fiscal Year 2024

(g) Solicitation Number: 70LART23QPFB00046

(h) Background information about the requirement: The current purchase order 70LART22PPFB00030 was awarded on 30 September 2022 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 1,308 rooms (1,256 dormitory rooms, 54 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 Office of the Chief Procurement Officer Version 3.4 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. The use of another vender would incur 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 August 2023.

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 (70LART22PPFB00030, 70LART19PPFB00035, and HSFLAR-16-P-00036), and general market prices for similar services.

9. Description of Market Research. The internet was searched on 18 August 2023 for a list of contractors that would be able to provide the cable television and internet services. The market research showed that PVT Networks Inc.’s was the local contractor best suited to provide the continued service and support. Specific price lists were unavailable from other vendors as the existing infrastructure and equipment is unique to FLETC Artesia.

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 additional set-up costs and possible interruption of required service and support.