01-A JOFOC Approved.pdf

Justification for Other Than Full and Open Competition (Over SAT)

July 2019

UNCLASSIFIED

1. In accordance with Federal Acquisition Regulation (FAR) Subpart 6.303-2 Department of Administration and Finance, Administrative Services Division requests the Division of Contracts and Grants to solicit only this source for the following supplies or services required to meet the needs of MCC:

Source: Penn Parking Incorporated Services: Qualified Fringe Benefits Parking for Millennium Challenge Corporation (MCC) eligible employees.

Estimate:

2. Nature of the action Being Approved

Current contract expires on February 28, 2026, and Millennium Challenge Corporation (MCC) needs to establish a new contract that aligns to the newly negotiated lease terms and to meet the policy guidelines which require Federal Agencies to implement a transportation fringe benefit program that provides qualified Federal employees with qualified fringe benefits. As part of MCC’s QTFB Program, the agency offers parking benefits at MCC Headquarters location, Washington, DC. Amount not to exceed the allowable by law (IRS 5-B). The contract would allow approved staff access to utilize the garage for official business only.

Contract Period of Performance would be March 1, 2026 – April 30, 2037 (this contract base + 11 option periods lines up with the current MCC lease contract).

3. Identify the statutory authority permitting other than full and open competition.

UNCLASSIFIED

NOTE: Select the single exception to full and open competition which fits your circumstances. See FAR 6.302 for further explanation of each exception.

Pursuant to 41 U.S.C. 3304(a)(1), FAR 6.302-1, Only one Responsible Source and No Other supplies of services will satisfy Agency requirements

Pursuant to 41 U.S.C. 3304(a)(2), FAR 6.302-2, Unusual and Compelling Urgency Pursuant to 41 U.S.C. 3304(a)(3), FAR 6.302-3, Industrial Mobilization; Engineering, Developmental, or Research Capability; or Expert Services Pursuant to 41 U.S.C. 3304(a)(4), FAR 6.302-4, International Agreement Pursuant to 41 U.S.C. 3304(a)(5), FAR 6.302-5, Authorized or Required by Statute Pursuant to 41 U.S.C. 3304(a)(6), FAR 6.302-6, National Security Pursuant to 41 U.S.C. 3304(a)(7), FAR 6.302-7, Public Interest

Penn Parking Incorporated is the garage at Franklin Court, which is located under MCC Headquarters. Tenants of the building have first right access to spots based on rentable square footage.

4. Further describe the proposed contractor’s unique qualifications or the nature of the acquisition (i.e. emergency, statutory requirement to use one source) that meets the use of the authority cited.

Penn Parking is the only garage that is contracted with the building that has spots available within walking distance and within the price range of other Washington DC garages.

5. Describe efforts made to ensure that offers were solicited from as many potential sources as practical, including whether the action was synopsized as required by FAR Subpart 5.2.

None

6. Describe the market research conducted (reference FAR Part 10) or state the reason market research was not conducted.

Market Research into other garages in the area concluded that Penn Parking is in the same price range and is the only garage that has available space to maintain MCC’s current number of parking spaces.

7. Cite any other facts supporting other than full and open competition for this acquisition.

None.

8. List all sources, if any, who expressed in writing an interest in the acquisition.

UNCLASSIFIED

None.

9. State the actions, if any, the agency will take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

None.

UNCLASSIFIED

10. Certification of the Managing Director of the Program Office:

I certify that the supporting technical data, which form the rationale for a sole source acquisition, is complete and accurate to the best of my knowledge and belief.

Certified by: ___________________________________ Date: _______________

11. Contracts & Grant Division Contracting Officer Certification:

Attached is a price determination that the anticipated cost to the Government is fair and reasonable. I certify that this justification is accurate and complete to the best of my knowledge and belief.

Certified by: ____________________________________ Date: _______________

12. Managing Director, Contracts & Grants Division:

Certified by: ____________________________________ Date: ________________ (Actions exceeding $1,000,000)

13. Office of General Counsel/Competition Advocate Approval:

Approved by: ___________________________________ Date: ________________ (All actions exceeding micropurchase threshold)