A15 - Competition Restriction Justification 12.102 SAP Commercial Acquisitions EZ Pass_Redacted.pdf

CRJ (Part 12) Control No. 26-12-8

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 New Jersey Field Division

c. Requiring Activity: DEA Office of Acquisition

d. Document Identification: Sole Source Justification

2. Nature and Description of the Action Being Approved: EZ Pass NJ and NY

a. Contractor Name: EZ Pass (New Jersey Turnpike Authority)

b. Estimated Amount: $

c. Recurring Requirement: Yes No

d. Period of Performance: From: 10/1/2026 To 09/30/2027

e. Description: This is for prepaid toll usage for DEA Official Government Vehicles.

3. Description of Supplies or Services: This requirement is for EZ Pass transponders and account services to support official government vehicles. The estimated value is $ .

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

X 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)

X 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: Provide the following information, as applicable:

a. Name and address of the proposed contractor(s). New Jersey Turnpike Authority, 1 Turnpike Plaza, Woodbridge, NJ 07095-1229. The contact at EZ Pass would be

b. Nature of the acquisition and proposed unique qualifications of the contractor(s). This service has been selected because it is the only provider that can meet the requirement for electronic toll road services for New Jersey and New York. This will ensure that employees can complete their work in a timely manner.

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: There are no other vendors for this requirement in the New Jersey / New York area. There was no publishing on Sam.Gov.

The following should also be addressed in this paragraph:

a. Sources Sought Synopsis. The research determined that there were no other sources identified that could meet all requirements for this contract.

b. Synopses of Proposed Contract Actions. The proposed purchase order is to render prepaid toll road usage for assigned to official government vehicles for which the Government intends to solicit and negotiate only with C NEW JERSEY TURNPIKE AUTHORITY. In accordance with Competition in Contracting Act 41 USC 253(c)(1), as implemented by FAR 6.302-1, other than full and open competition is authorized when there is only one responsible source and no other supplies and services will satisfy agency requirements. Justification for the determination is attached. A Limited Source Document was approved by the Contracting Officer pursuant to FAR 13.501(a)(2) (i), the supplies or services required by the agency are available from only one responsible source.

Pursuant to FAR Part 6.302-1 (a)(2), full and open competition need not be provided for when the supplies or services are available from only one responsible source The North American Industry Classification System (NAICS) is921620. The Government anticipates the award of a firm-fixed price purchase order. A determination by the Government not to open the requirement to competition based on the response to this notice is solely within the discretion of the Government. This notice of intent is not a request for competitive quotation. A Request for Quotation (RFQ) is not available. This is not an RFQ.

c. Other Actions. There were no other actions considered due to EZ Pass being the sole provider for these services.

d. Qualifying Country Sources. No qualifying country sources have expressed interest.

7. Contracting Officer’s Determination that the Anticipated Cost to the Government will be Fair and Reasonable: This requirement was selected because it is the only company that can provide prepaid toll road usage for DEA official government vehicles. FAR13.106-a(2)ii-comparison of the proposed price with prices found reasonable on previous purchases. Previous order 15DDHQ25P00000751 for the same product but different quantities were awarded for the price of $ .

8. Market Research Conducted (See Part 10) and the Results or a Statement of the Reason Market Research was not Conducted: Based on market research EZ Pass is the only source reasonably available to provide the required combination of account administration, compatible transponders, toll processing, and vehicle level transaction records for the government’s existing fleet account without an interruption in electronic toll service.

9. Any Other Facts Supporting Using Other than Full a Open Competition. This is for prepaid toll usage for DEA Official Government Vehicles. EZ Pass is the only toll system allowed in New Jersey and New York for official government business.

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. Not having this service would have unacceptable delays in fulfilling the agency’s requirements. Termination will result in the complete failure of DEA’s daily investigative operations resulting in crippling DEA’s ability to execute their law enforcement obligations.

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

Government would be harmed. This is necessary for Special Agents and Task Force Officers to do their job safely, to complete the job and is also the only service that the government accepts for pre-paid toll road usage. This would create unacceptable delays in cases that would prevent employees from doing their job. Also, the proposed period of performance is the minimum acceptable period

Signature Date

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

Senior Procurement Executive (for actions over $90 million)