JA ERT TOLLS- N4008523Q2542.pdf

J&A No. ML-23-92 Aug 11, 2023

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity. The contracting activity and contracting officer is Naval Facilities Engineering Systems Command (NAVFAC) Mid-Atlantic Norfolk, Virginia.

2. Description of the Action being Approved: Payment of Elizabeth River Tunnel Toll charges for NAVFAC Mid-Atlantic Transportation Department Area of Responsibility.

3. Description of Supplies/Services. NAVFAC Mid-Atlantic requires a contract vehicle that will serve as the resolution for payment utilizing ERT by pay plate feature when used during official government travel on toll roads managed by Elizabeth River Crossings OpCo, LLC.

Estimated cost: $

Period of Performance: The period of performance is September 01, 2023 through August 31, 2024. This procurement will be for a base period of (12 months) with four (4) one-year option periods, which cumulatively, will not exceed sixty (60) months.

4. Statutory Authority Permitting Other than Full and Open Competition. 10 U.S.C. 2304(c)(1);

FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements. Contracting without providing for full and open competition under this acquisition may be accomplished pursuant to the authority of 10 U.S.C. 2304(c)(1) of the Federal Acquisition Regulation (FAR) 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements. The authority is implemented by FAR Subpart 13.5, Simplified Procedures for Certain Commercial Products and Commercial Services.

5. Rationale Justifying use of Cited Authority. The use of authority cited in Section 4 is deemed appropriate due NAVFAC Mid-Atlantic Transportation having multiple vehicles that frequently travel on roads and tunnels that require toll payments to ERT. The ERT Pay by Plate is a required payment vehicle for toll roads managed by the Elizabeth River Crossings OpCo, LLC.

Due to a conflict in billing systems between EZ-Pass and the ERT, and their individual billing systems, the ERT tolls payment department is unable to receive payment from EZ-Pass when a Government vehicle utilizes the Pay by Plate method. Elizabeth River Crossings OpCo, LLC is the only company that currently operates and maintains the Downtown and Midtown Tunnels, and the MLK Expressway, as well as approximately 51 miles of highway. Currently, there is no other avenue for the Government to utilize the Pay by Plate feature and make the payments to Elizabeth River Crossings OpCo, NAVFAC Mid-Atlantic has several employees that utilize the Elizabeth River Tunnel (ERT) for government official travel purposes. In order to avoid any unauthorized commitments, and delays in making payment to Elizabeth River Crossings OpCo, it is necessary to set up a monthly billing payment system with Elizabeth River Crossings OpCo,ERC.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable. The Justification and Approval will be publicized, pursuant to FAR Subpart 5.2. All responsible sources may submit a quotation, which shall be considered by the agency.

7. Determination of Fair and Reasonable Cost. The Contracting Officer will determine the anticipated cost to the Government for the services covered by this J&A to be fair and reasonable.

8. Actions to Remove Barriers to Future Competition. There are no other requirements for these services at this time. If another potential source emerges, the Government will assess whether competition of future requirements is feasible in accordance with FAR Subpart 5.2 and FAR Part 10.