0FL2366_Justification_for_Other_Than_Full_and_Open_Competition_(JOFOC)_or_SLAT-level_Memo_to_File_and_Supporting_Documentation_JOTFOC_4_13_2020 (1).pdf

Justification for Other Than Full and Open Competition, Extension

U.S. General Services Administration

GSA Region 4

Leasing Division

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

PROJECT NUMBER: 0FL2366

Agency Name: Federal Bureau of Investigation

1. NATURE AND/OR DESCRIPTION OF ACTION BEING APPROVED.

The General Services Administration currently leases 40,003 Rentable Square Feet (RSF) with a Common Area Factor (CAF) of 1.1493795, yielding 34,804 ANSI BOMA Office Area square feet (ABOA) at 850 Trafalgar Court, Maitland, FL under lease number GS-04B-44015 for the FBI. The current lease expires 6/30/2020. Approval is requested to negotiate a six month extension with the incumbent lessor without full and open competition for continued occupancy at this leased location.

2. DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS

(INCLUDING ESTIMATED VALUE).

This requirement is to execute a six (6) month extension of the lease.

The estimated annual cost for such is:

Term: $19.00 rate/rsf x 40,003 rsf = $760,057.00(Annual Rent) /12 month x 6 month = $380,028.50

Total Contract Value: Firm Term Total $5,772,432.90 + Renewal Option Total $2,160,162.00 + Extension(s) Total $1,843,181.42= Total Contract Value$9,775,776.32

3. IDENTIFICATION OF STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION.

41 U.S.C. 3304(a)(1): Only one responsible source and no other supplies or services will satisfy agency requirements. In accordance with FAR 6.302-1 and GSAR 570.402, it is determined that award to any other offeror would result in substantial duplication of costs to the Government that are not expected to be recovered through competition.

4. DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR

NATURE OF THE ACQUISITION REQUIRES THE USE OF THE AUTHORITY CITED.

GSAM 570.402-4 If the contracting officer does not identify any potential acceptable locations through the advertisement or the market survey; prepare a written justification to negotiate directly with the present lessor. An ad was placed on FBO.gov on 4/5/2020. There were no interested party responses, other than the incumbent, to the ad. The anticipated rate to be offered by the incumbent lessor is $19.00/RSF full service. The LCO used CoStar and determined the average rate was $25.00/RSF.

5. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED FROM AS

MANY POTENTIAL SOURCES AS IS PRACTICABLE.

On 4/5/2020 a COSTAR report for Maitland FL was received and Loopnet was checked for available properties. The LCO reviewed the available Class A/B buildings with adequate ABOA SF to satisfy the FBI requirement. No buildings were available to meet the FBI requirements. The incumbent’s current rental rate is $18.11/RSF. The LCO also published an advertisement on BetaSam.gov on 4/5/2020. No additional interested parties responded to the ad. The FBI has submitted long term requirements which were solicited under a Full and Open Procurement Process. The incumbent was not the successful offeror. The project (5FL0376) had Tenant Improvement Notice to Proceed issued on September 11, 2018 and construction started in late December 2018. The current lease (LFL44015) will expire on June 30, 2020. The full TI build-out and occupancy of the new space is projected for December 2020.

6. DEMONSTRATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO

THE GOVERNMENT WILL BE FAIR AND REASONABLE.

Recent market research conducted by James Thompson in Maitland, FL, for comparable properties showed that the rental rate within the delineated area for those properties ranges from $24.00/RSF to

$26.00/RSF.

The anticipated cost to remain at the existing location is $19.00 per RSF.

Therefore, as the rate anticipated rate falls below the market range found through the market research and the Contracting Officer determines that the anticipated cost to the Government of $19.00/RSF for the entire requirement is fair and reasonable.

7. DESCRIPTION OF MARKET RESEARCH CONDUCTED AND THE RESULTS.

On 4/5/2020 the LCO received a COSTAR report which listed three Class A/B properties in Maitland, Florida with adequate square footage to meet the FBI requirement, including the incumbent. None of the buildings could meet the security requirements of the FBI. Loopnet was checked for available properties in Maitland Florida and no properties were available.

On 4/5/2020 the LCO published an ad on BetaSam.gov. No response were received other than the incumbent.

8. OTHER FACTS SUPPORTING USE OF OTHER THAN FULL AND OPEN COMPETITION.

The cost to replicate the FBI requirements in another space is in excess of $4,000,000. This would not be an economically feasible proposition to any other interested party other than the incumbent. Furthermore, the process and timeline for design and TI and security build out in compliance with FBI requirements would surpass the expiration date of lease LFL44015 as well as the duration of the six month extension.

9. LIST OF SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN THE

ACQUISITION.

850 Trafalgar Court, Maitland, FL- Incumbent

10. STATEMENT OF ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR OVERCOME

ANY BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION.

In advance of an existing lease contract’s expiration, considerations have been given to allow for sufficient time to conduct a full and open procurement. The Government will consider the time and cost of moving from the existing location, and the time and cost to build out new space when deciding whether it is economically advantageous to stay at the existing building or to undergo a competitive action.

Additionally, consideration will be given to the customer agency’s mission and security requirements (if applicable) to include limiting any agency space requirements that may be deemed unduly restrictive and thus favor the incumbent. The Government will remain conscious of the effort to continuously encourage competition when practicable.

11. CONTRACTING OFFICER CERTIFICATION.

By signature on this Justification for Other than Full and Open Competition, the GSA Lease Contracting Officer certifies that the award of an extension for 40,003 RSF is in the Government’s best interest and that this Justification is accurate and complete to the best of the GSA Lease Contracting Officer’s knowledge and belief.

4/9/2020

X James Thompson

James Thompson

Contracting Officer

Signed by: JAMES THOMPSON

12. PREPARER’S TECHNICAL CERTIFICATION.

I certify that the supporting data used to form the basis of this Justification is complete and accurate to the best of my knowledge and belief.

4/9/2020

X James Thompson

James Thompson

Contracting Officer

Signed by: JAMES THOMPSON

Concurrence:

4/9/2020

X Gregory Trimble

Greg Trimble

Branch Chief

Signed by: GREGORY TRIMBLE

4/9/2020

X Heather Driskell

Heather Driskell

Region 4, LAO

Signed by: General Services Administration

4/10/2020

X for Gregory Trimble

LaSonya Glover

Director, Leasing Division

Signed by: GREGORY TRIMBLE

Legal Review:

4/13/2020

X Greg Swartzberg

4L

Signed by: General Services Administration

Approval:

Regional Competition Advocate

4/13/2020

X Pamela Mitschke

Pamela Mitschke

Competition Advocate

Signed by: General Services Administration