05_ SOLE SOURCE JUSTIFICATION.v3 2.11.22_Final.Redacted.pdf

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SOLE SOURCE JUSTIFICATION

(FOR SAP PROCUREMENTS)

Contracting Organization: Pension Benefit Guaranty Corporation (PBGC) / Procurement Department (PD)

Requisition Number: RQ-43-22-000057

Procurement Action Type: New Contract

Contract Number:

Contractor Name or Brand Name Product: SP+

Supplies or services to be procured:

This action is required to establish a contract with a new vendor at Portals II 445 12th Street, SW, Washington, DC 20554 to provide 80 parking permits to support the subsidized parking program.

Supplies: Quantity and estimated value of each item to be procured: OR Services: Period of performance and estimated value of each service to be procured:

Base Year: 1 April 2022 - 31 March 2023 Option Period 1: 1 April 2023 - 31 March 2024 Option Period 2: 1 April 2024 - 31 March 2025 Option Period 3: 1 April 2025 - 31 March 2026 Option Period 4: 1 April 2026 - 31 March 2027

Total Estimated Value:

Provide an explanation supporting and clearly addressing the items applicable to the situation requiring Sole Source procurement:

The landlord/building management company for 445 12th Street contracts directly with SP+ to provide parking garage management services and based on the lease, PBGC has multiple spaces allocated in the same garage. To foster a

1. AGENCY AND CONTRACTING ACTIVITY

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

3. DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY’S NEED

4. AUTHORITY PERMITTING SOLE SOURCE PROCUREMENT

5. DEMONSTRATION THAT THE CONTRACTOR’S UNIQUE QUALIFICATIONS OR THE NATURE OF THE

ACQUISITION REQUIRES THE USE OF THE AUTHORITY CITED

Revised: 03/26/2018 - Older versions are obsolete and should not be used. Page 2 safe parking environment to support the Subsidized Parking Program for carpools, executives and medical needs to comply with 41 CFR 102-74.305. 41 CFR 102-74.305 "How must Federal agencies assign available parking spaces to their employees" states: Federal agencies must assign available parking spaces to their employees using the following order of priortiy:

a) Severely disabled employees

b) Executive personnel and persons who work unusual hours.

c) Vanpool / carpool vehicles

d) Privately owned vehicles of occupant agency employees that are regularly used for Government business at least 12 days per month and that qualify for reimbursement of mileage and travel expenses under Government travel regulations.

e) Other privately owned vehicles of employees, on a space-available basis.

PBGC employees need direct access to the 445 12th Street work location due to medical / disability reasons are given access through the requirement to procure parking at the 445 12th Street parking structure. PBGC is able to comply with 41 CFR 102-74.305 through a sole source contract with SP+ for 80 parking permits. All employees in the categories above will benefit further from a safe parking environment before and after work hours.

According to the market research, the pricing for the 445 12th Street parking structure is competitive with the parking rates found in the local area.

Six parking vendors (SP+, Towne Park, Federal Parking, One Park, Crystal Parking and Colonial) were contacted to complete market research and it was determined there are 7 garages in the proximty of 445 12th Street, not including the one loctated at PBGC's new location. Two (2) of them are managed by SP+, which is the same vendor engaged by the landlord for the new PBGC location. One garage is at a hotel and valet only. Two (2) of the other garages are surface parking lots and do not have a security presence.

Determination: A determination that the cost/price is fair and reasonable will be made by the Contracting Officer before the contract action is issued.

To be completed by the Contracting Officer.

The Contracting Officer will compare the prices obtained through the recent market research to assess and determin the cost/prices for parking in the new headquarters building at 445 12th Stree are fair and reasonable.

Additionally, a comparison of the proposed contract prices with prices contained in PBGC's current subsiidized parking contracts for it's headquarter's locations can be conducted.

Market research was received from 6 vendors with parking rates in the proximty of 445 12th Street. Out of the garages in the proximity of the building, 2 of them are managed by SP+, which is the same vendor for the new PBGC location. 1 garage is at a hotel and valet only and 2 of the garages are surface parking lots and do not have a security presence.

The use of this sole source acqusition will support the Subsidized Parking Program for Executive, Medical and Carpools. The PBGC Subsidized Parking Program is outlined and regulated by the processes and procedures set forth in PBGC Order GA 10-10 "Transportation Subsidy Program." PBGC employees need direct access to the new PBGC location due to medical / disability reasons, and are given access through the requirement to procure parking at the garage managed by SP+. PBGC is able to comply with 41 CFR 102-74.305 through a sole source contract with the 445 12th Street parking garage for 80 parking spaces.

6. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT QUOTATIONS/OFFERS ARE SOLICITED FROM

AS MANY POTENTIAL SOURCES AS PRACTICABLE

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE

GOVERNMENT WILL BE FAIR AND REASONABLE

8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULTS, OR A STATEMENT

OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED

9. ANY OTHER FACTS SUPPORTING THE USE OF SOLE SOURCE

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SP+ expressed interest to the new building Lessor, Republc Properties.

The PBGC Collective Bargaining Agreement is re-negotiated each time a new PBGC lease is issued. All terms and conditions are considered during negotiations including parking and security. The CBA states "The Employer will contract for parking permits in the 1200 K Street building to be assigned to employees under the provisions of this Article." This applies to the new location as well. PBGC provides a safe and secure work environment for all employees and that applies to the parking garage as well, that will be monitored by cameras and the Federal Protective Service/Department of Homeland Security.

I hereby certify that this Sole Source Justification, and all supporting data, are accurate and complete to the best of my knowledge and belief.

Signature Date

Signature Date

10. LISTING OF SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN THE ACQUISITION

11. A STATEMENT OF THE ACTIONS THE AGENCY MAY TAKE TO REMOVE OR OVERCOME ANY

BARRIERS TO COMPETITION BEFORE MAKING ANY SUBSEQUENT ACQUISITION FOR THE

SUPPLIES OR SERVICES REQUIRED

12. TECHNICAL OR REQUIREMENTS PERSONNEL’S CERTIFICATION

13. CONTRACTING OFFICER’S REVIEW OR APPROVAL

14. COMPETITION ADVOCATE’S REVIEW OR APPROVAL