EMCBC is in need of an Internet Service Provider (ISP) contractor to provide upgraded Internet services connectivity and support to these offices.

Justification for Other than Full and Open Competition Contracting Activity: Environmental Management Consolidated Business Center (EMCBC)

Requiring Offices: Environmental Management Consolidated Business Center - New York (EMCBC-NY) and Energy Technology Engineering Center (ETEC)

July 28, 2025 Contracting Activity: The Department of Energy (DOE), Office of Environmental Management (EM), Consolidated Business Center (CBC), Office of Contracting intends to contract through other than full and open competition. This document provides the justification and approval for the use of non competitive procedures pursuant to 41 USC§ 3304(a)(1) and in accordance with Federal Acquisition Regulation (FAR) 6.302-1(a)(2).

Nature of Action Being Approved: The action being approved is the negotiation of a non-competitive acquisition for terrestrial fiber connection and Dedicated Internet services for EMCBC-NY (2425 River Road, Niskayuna, NY 12309) and ETEC (980 Enchanted Way, Suite 108, Simi Valley, CA 93065) supplied by Spectrum Enterprise for a performance period of 60 months.

Description of Services Required to Meet the Agency's Needs: The DOE/EMCBC will procure terrestrial fiber cable installation and Internet services for EMCBC-NY and ETEC offices. The Internet connectivity bandwidth requirements at the offices located in Niskayuna, NY and Simi Valley, CA have exceeded the capacity of the service currently installed there. Therefore, the EMCBC is in need of an Internet Service Provider (ISP) contractor to provide upgraded Internet services connectivity and support to these offices.

Services must meet all of the technical specifications designated in the Statement of Work (SOW) and include a 24-hour/7 day per week technical support system. Statutory Authority Permitting Other Than Full and Open Competition: The authority for this action is 41 USC§ 3304(a)(1) and FAR 6.302-1(a)(2).

These authorities provide that full and open competition need not be obtained when the supplies or services required by the agency are available from only one responsible source, and no other type of supplies or services will satisfy agency requirements.

Demonstration of the Proposed Contractor's Unique Qualifications: At present, only one commercial internet service provider (Spectrum Enterprise) has the capability to provide service to the EMCBC-NY and ETEC site locations requiring a terrestrial fiber connection.

Efforts to Solicit Additional Sources/Competition: Other providers could install their own underground infrastructure wiring at the EMCBC-NY and ETEC offices, but due to the location of both the EMCBC-NY and ETEC offices, Spectrum Enterprise is the only provider that owns their terrestrial fiber connection service and has the capability of servicing both sites. Determination as to Reasonableness of Cost: The total estimated cost for the performance period of five (5) years is approximately $80,000.00.

The planned contract will be structured as a Firm-Fixed Price contract. The Government will establish the reasonableness of the Contractor's proposed price based on a comparison of historical prices paid for the same or similar services. The price will be negotiated at the time of award.

Market Research: Spectrum Enterprise is the sole provider of terrestrial fiber connection service at the EMCBC-NY and ETEC offices. Market Research indicated several other broadband providers that service one or both locations; Verizon Wireless, ATT Wireless and Star2Star. These solutions do not offer wired broadband service that can provide enterprise level internet with adequate speeds. Both EMCBC-NY and ETEC require bi-directional speeds of 100Mb/s or higher to perform their daily functions.

Spectrum Enterprise is the sole ISP that supplies communications capable of this. Other Facts Supporting the Use of Other Than Full and Open Competition: There are no additional facts. Listing of nterested Sources: Spectrum Enterprise 550 North Continental Blvd, Suite 250, El Segundo, CA 90245 Actions to Overcome Barriers to Competition: The internet service provider (ISP) industry is heavily dominated by a fairly select group of businesses.

Service area rights and extremely high cost to install new infrastructure also play into this regional business market control. Current industry conditions impede new businesses from establishing a solid foundation in the ISP market. Although it i: The goal of the Department of Energy, the Office of Environmental Management and its Consolidated Business Center to provide for competition to the maximum extent practicable, this requirement is best served to be procured through other than Full and Open Competition.