A07 Competition Restriction Justification 12.102 SAP Commercial Acquisitions_Redacted.pdf

CRJ (Part 12) Control No. XX-XX

Procurement Sensitive - See FAR 2.101 and 3.104

For Official Use Only

COMPETITION RESTRICTION JUSTIFICATION

FAR 12.102 > SAT TO ≤ $15M

SAP COMMERCIAL PRODUCTS & SERVICES

In accordance with Federal Acquisition Regulation (FAR) Subpart 12.102 (41 U.S.C. 1901, 1903, or other statutory authorities listed in FAR 6.103, as appropriate) decisions to restrict competition, including the use of brand-name descriptions without allowing for “equal” products shall be documented as follows:

1. Identification of the Agency, Contracting Activity, and Specific Identification of the Document.

a. Agency: Drug Enforcement Administration.

b. Contracting Activity: DEA Office of Acquisition

c. Requiring Activity: Houston Field Division and San Antonio Field Division.

d. Document Identification: 15DDH026P00000086.

2. Nature and Description of the Action Being Approved: CREE LED UNDERMOUNT COVERT VIDEO SURVEILLANCE CONCEALMENT. Concealment that is constructed to look like the new Cree LED streetlights that are now being installed in all cities throughout South and East Texas.

a. Contractor Name: Cowboy Concealments

b. Estimated Amount: $

c. Recurring Requirement: Yes No

d. Delivery Date: 10/31/2026

e. Description: CREE BM LED STREETLIGHT PACKAGE A Axis M5074 Camera (5X Zoom) +

Microhard Modem

3. Description of Supplies or Services: Eight (8) -- CREE BM LED STREETLIGHT PACKAGE A Axis M5074 Camera (5X Zoom) + Microhard Modem

4. Identification of the Competition Restriction Justification (CRJ):

FAR 12.201-1, Simplified procedures > SAT, ≤ $9 million authorized by 41 U.S.C.§ 1901.

Simplified acquisition procedures —To promote efficiency and economy in contracting and to avoid unnecessary burdens for agencies and contractors, the FAR shall provide for special simplified procedures for purchases of property and services for amounts not greater than the SAT;

FAR 12.201-1, Simplified procedures, for acquisition described at 12.001(c) > $9 million, ≤ $15 million authorized by 41 U.S.C.§ 1901 and 41 U.S.C.§ 1903.

41 USC §1901. Simplified acquisition procedures —To promote efficiency and economy in contracting and to avoid unnecessary burdens for agencies and contractors, the FAR shall provide for special simplified procedures for purchases of property and services for amounts not greater than the SAT;

41 USC §1903. Special emergency procurement authority —Only available when the head of the contracting activity determines that the property or services are to be used for:

Contingency Operations: As defined under 10 U.S.C. § 101(a)(13);

Attack Response/Recovery: To facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attacks against the U.S;

International Disaster Assistance: In response to requests from the Secretary of State or USAID; or

Major Disasters/Emergencies: Operations aligning with the Robert T. Stafford Disaster Relief and Emergency Assistance Act

FAR 12.201-2, Other procedures in FAR Part 15 (RFPs) or FAR Part 14 (IFBs) > $9 million (>

$15 million for acquisitions described at FAR 12.001(c) for One statutory authorities cited in 6.301 as appropriate)

FAR 6.103-1, Only One Responsible Source. authorized by 41 U.S.C. 3304(a)(1)

FAR 6.103-2, Unusual and Compelling Urgency authorized by 41 U.S.C. 3304(a)(2)

FAR 6.103-3, Industrial Mobilization authorized by 41 U.S.C. 3304(a)(3)

FAR 6.103-4, International Agreement authorized by 41 U.S.C. 3304(a)(4)

FAR 6.103-5, Authorized or Required by Statute authorized by 41 U.S.C. 3304(a)(5)

FAR 6.103-6, National Security authorized by 41 U.S.C. 3304(a)(6)

FAR 6.103-7, Public Interest authorized by 41 U.S.C. 3304(a)(7).

5. A Demonstration that the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Requires using the Authority Cited:

a. Name and address of the proposed contractor(s). Cowboy Concealments; 15702 Singapore Ln;

Jersey Village, TX 77040-3036; kim@cowboyconcealments.com; UEI# FJWNELK7ZTU7

b. Nature of the acquisition and proposed unique qualifications of the contractor(s). CREE LED Undermount concealments for covert video surveillance are required to fulfill DEA Houston and DEA San Antonio mission requirements. Both Divisions are in dire need of these types of concealments to fill enforcement requests for surveillance. ST does not have any available to provide. Cowboy Concealments is a local vendor that provides high quality devices. They are the only company that provides devices with the specific internal components being received.

6. A Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as Possible, Including Whether a Notice was or will be Publicized as Required by Part 5 and, if not, Which Exception under Part 5 Applies: Other manufacturers were contacted and asked about the set-up of their products, to include internal components and connection types as well as any product availability. No other vendor could be located that could provide concealed devices meeting the IT specification needs of Houston Tech.

The following should also be addressed in this paragraph:

a. Sources Sought Synopsis. None was issued.

b. Synopses of Proposed Contract Actions. The Contracting Officer will post a Notice of Intent to award sole source.

c. Other Actions. N/A

d. Qualifying Country Sources. N/A

7. Contracting Officer’s Determination that the that the Anticipated Cost to the Government will be Fair and Reasonable: Price will be compared to same or similar supplies in the market.

8. Market Research Conducted (See Part 10) and the Results or a Statement of the Reason Market Research was not Conducted: Other manufacturers were contacted and asked about the set-up of their products, to include internal components and connection types as well as any product availability. No other vendor could be located that could provide concealed devices meeting the IT specification needs of Houston Tech.

9. Any Other Facts Supporting Using Other than Full a Open Competition. DEA Houston and DEA San Antonio have a dire need for these devices. We do not have enough to fill current demands. This problem will affect the investigative abilities of both Divisions if the devices are not purchased within our needed timeframe.

a. When 6.103-1 is cited for follow-on acquisitions as described in 6.103-1(c)(2), an estimate of the cost to the Government that would be duplicated and how the estimate was derived. N/A. This is not a follow-on acquisition.

b. When 6.103-2 is cited, data, estimated cost, or other rationale as to whether and how much the

Government would be harmed. N/A

10. A Listing of the Sources, if any, that Expressed an Interest in the Acquisition in Writing. No other sources have expressed an interest, in writing, in the proposed acquisition.

11. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers to Competition Before any Subsequent Acquisition for the Supplies or Services Required. Cowboy Concealments has a history of providing good quality devices in a quick timely manner. Each time a need arises for these devices, attempts are made to locate a different vendor.

12. Technical / Requiring Activity’s Certification: I certify that the technical data and operational requirements supporting this justification are complete, accurate, and reflect the minimum needs of the Government.

Signature Date

13. Contracting Officer’s Certification that the Justification is Accurate and Complete to the Best of the Contracting Officer's Knowledge and Belief. I certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief.

14. Approvals: The required levels of approval of this Justification depend on the estimated total value of the procurement. Approval must be obtained for that level and each previous level.

Contracting Officer (for actions ≤ $900,000)

Bureau Competition Advocate (for actions greater than $900,000 up to $20 million)

Bureau Procurement Chief (for actions over $900,000)

Head of the Contracting Agency of Designee (for actions of $20 million to $90 million)

Senior Procurement Executive (for actions over $90 million)