30June22_22Q2524_Signed Brand Name_Roberts.pdf

AUG 2018

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN

ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND: Due to the need for travel on roads that require toll payments and the increasing amount of toll roads that have been put into place over the years a contract vehicle needs to be established.

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

The Virginia Department of Transportation (VDOT) E-Z Pass Toll Collection System Account, Pay-by- Plate Account, and Transponders. Transponders purchased will be utilized within the Hampton Roads Area, and will be utilized at other NAVFAC Mid-Atlantic base locations, within

The Transponders will be purchased on a single account via one state Virginia. This Contract will serve as the base for making payments for the use of toll roads for official travel, and will set up the framework for making these payments using the following 2 methods:

a. RAPID / MASS TRANSIT CARD OR DEVICES are to be used for supporting local and interstate business travel for the various bases supported by NAVFAC Mid- Atlantic. They will be issued to the individual base support locations and are to be used to support NAVFAC Mid- Atlantic authorized missions only.

b. PAY BY PLATE charges will be addressed and paid as they are received by the Transportation Branch Core

III.THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING:

A. ___ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. ___ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

[Explain what rights are restricted, why the restrictive rights make the required item or service need.]

2. ___ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

3. ___ OTHER REASONS. Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.

B. _X_ BRAND NAME. Item required must be a brand name product, or feature of a product, particular to one manufacturer.

E-Z Pass provides electronic toll payment on all Virginia and several Out of State tolled roads.

The E-Z Pass system is required for all vehicles to have an electronic transponder provided by E- Z Pass that interacts electronically with the Virginia Department of Transportation (VDOT) E-Z Pass system to pay required tolls. E-ZPass is the most widely used and accepted toll system in Virginia and many other states throughout the US. VDOT and its partnering states has integrated the E-ZPass system across 19 states making it interchangeable with the toll system for other states, thereby offering drivers the convenience of nonstop travel and the ability of paying tolls automatically from Florida to Maine, and West to Minnesota, with just one toll account EZ- Pass.

There is only one authorized manufacturer of transponders with the capability to interact with the VDOT electronic tolling system - Kapsch. The manufacturer Kapsch is the only E-Z Pass authorized OEM with the capability to provide transponders for the VDOT E-Z Pass tolling system. The Kapsch transponders are only available through VDOT E-Z Pass. Due to system restrictions and requirement of transponders to interact with the electronic toll system, only VDOT E-Z pass provided transponders are authorized and compatible with VDOT E-Z Pass tolling system to pay tolls electronically.

Currently NAVFAC Mid-Atlantic has sixty-eight Virginia E-ZPass transponders that is currently being used for official travel.

Virginia, for all transponders which would allow for better tracking and accounting purposes.

Utilizing EZ-Pass transponders and Toll Collection System only, will provide more reliable and efficient method, vice using a different State toll system in addition to EZ-Pass, thus having to assign multiple accounts to various locations. Base on the aforementioned, utilizing a different

State toll system, and transponder other than, or in conjunction with the EZ-Pass is not in the

C. ___UNUSUAL AND COMPELLING URGENCY. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

4. If appropriate, include any additional pertinent information.

IV. CERTIFICATIONS/APPROVALS:

Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

_ John Ivey (Quality Control Manager) _ _ _ Signature Name (Printed) Date

Contracting Officer Approval

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

Signature Name (Printed) Date

30 June 2022LeeArjetta W. Hamilton