A15 - Competition Restriction Justification 12.102 SAP Commercial Acquisitions_Redacted.pdf

CRJ (Part 12) Control No. 26-12-2

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: Special Operations Division.

d. Document Identification: Sole Source Justification.

2. Nature and Description of the Action Being Approved: Brief summary of action being approved. (i.e.:

This action is seeking a competition restriction justification to procure {the specific product/services being acquired}

a. Contractor Name: CoxCom, LLC

b. Estimated Amount:

c. Recurring Requirement: Yes No

d. Period of Performance: From: 08/30/2026 To: 08/29/2027

e. Description: Optical Internet & Local TV Service

3. Description of Supplies or Services: The Special Operations Division (SOD) needs a public open Internet for foreign VPN connections and Internet investigations. Cable TV provides situational awareness of current events and is hardwired to maintain connectivity during inclement weather. VoIP lines provide redundant communication path from another provider should primary fiber get cut. Estimated value in the amount of $ .

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). CoxCom, LLC, 6205-B Peachtree Dunwoody

Road, Atlanta, GA 30028.

Nature of the acquisition and proposed unique qualifications of the contractor(s). COX already has installed the fiber optical cable and IPs needed to deliver traffic that DEA requires. The IPs are owned by COX and it would create a hardship and place enforcement operation out of service if we had to change IP in the system that delivers traffice from world-wide destinations.

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: The Government reviewed catalogs, used personal knowledge of previous purchase of identical types of services, searched the internet, and searched previous DEA purchases of identical acquisitions.

The following should also be addressed in this paragraph:

a. Sources Sought Synopsis. N/A

b. Synopses of Proposed Contract Actions. The plan is to publish 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: 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: It was determined that changing IPs would greatly impact DEA's world wide operations both in cost and placing collections out of service while the IP were changed. If we used another service provider would no longer give us diversity of the back-up phone line run through this carrier fiber optics backbone.

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. N/A

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 intends to conduct market research in an effort to remove any barriers to competition.

12. Technical / Requiring Activity’s Certification:

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.

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)