A15 - Competition Restriction Justification 12.102 SAP Commercial Acquisitions_Redacted.pdf

CRJ (Part 12) Control No. 26-12-9

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: New England Division (BO).

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: Massachusetts Dept of Transportation

b. Estimated Amount: $

c. Recurring Requirement: Yes No

d. Period of Performance: From: 10/01/2026 To: 09/30/2027

e. Description: EZ Pass MA Turnpike

3. Description of Supplies or Services: Business EZ Pass transponders for OGV’s utilizing at the Massachusetts Turnpike, Tobin Bridge, Callahan Tunnel, Ted Williams, New Hampshire and Main toll roads.

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). Massachusetts Dept of Transportation, 10 Park

PLZ Ste 5562, Boston, MA 02116-4008.

b. Nature of the acquisition and proposed unique qualifications of the contractor(s).

The Massachusetts Department of Transportation (MassDOT) is the administering authority for the Massachusetts E- ZPass tolling system used by DEA Government-Owned Vehicles operating within Massachusetts. The requirement is for continuation of the existing Government E-ZPass account and associated transponder/toll services necessary for official travel. MassDOT is the only available source capable of providing and administering the required Massachustetts E-ZPass account and toll services directly. Use of another vendor would not provide the same direct access to or administration of the existing MassDOT E-ZPass account.

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 Contracting Officer will post a Notice of Intent to Sole Source.

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. The Contracting Officer will post a Notice of Intent to 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 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: Market research determined that the Massachusetts Department of Transportation (MassDOT) is the only source capable of providing E-ZPass MA accounts and transponders required for DEA official government vehicles operating on Massachusetts toll facilities. Because this service is administered exclusively by MassDOT, the requirement is not suitable for a small business set-aside. The acquisition represents a recurring requirement and continued service is necessary to support official Government travel.

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. In the future, the Government will conduct additional market research to determine if other sources become available.

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)