A15 - Competition Restriction Justification 12.102 SAP Commercial Acquisitions_Re-dacted.pdf

CRJ (Part 12) Control No. 26-12-7

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: Louisville Division (LO).

d. Document Identification: Sole Source Justification.

2. Nature and Description of the Action Being Approved: Recurring services for internet and cable in the Lexington, London, Louisville, Clarksburg, and Johnson City offices.

a. Contractor Name: Charter Communications Operating, LLC

b. Estimated Amount: $

c. Recurring Requirement: Yes No

d. Period of Performance: From: 09/30/2026 To: 09/29/2027

e. Description: Cable TV and Internet service

3. Description of Supplies or Services: Recurring services for internet and cable in the Lexington, London, Louisville, Clarksburg, and Johnson City offices.

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).

Charter Communications Operating, LLC, 12405 Powerscourt Dr., Saint Louis, MO 63131-3673

b. Nature of the acquisition and proposed unique qualifications of the contractor(s). There are very few options available in the areas listed above. Regarding TV service, Charter Communications Operating, LLC is the main cable provider. The only other cable tv provider is , but most properties prohibit the installation of satellite dishes on their buildings. In most cities, Spectrum is the only internet provider. In cities such as Louisville & Lexington where there are multiple providers, Charter Communications Operating, LLC has proven to provide the best service.

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: A notice of intent to award sole source will be posted to SAM.gov.

The following should also be addressed in this paragraph:

a. Sources Sought Synopsis. A sources sought synopsis was not issued.

b. Synopses of Proposed Contract Actions. A notice of intent to award sole source will be posted to

SAM.gov.

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: Prices will be compared to same or similar services in the market.

8. Market Research Conducted (See Part 10) and the Results or a Statement of the Reason Market Research was not Conducted: There are only providers for TV service, Charter Communications Operating, LLC (cable) and . is not able to provide internet services in all areas, and some office prohibit installation of satellite dishes on their property.

9. Any Other Facts Supporting Using Other than Full a Open Competition. N/A.

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. There would not be unacceptable delays in fulfilling the agency’s requirements

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. N/A.

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. The agency will conduct additional market research to avoid continued noncompetitive acquisition of the requirement.

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)