0pa2287 redacted JOFOC 10.20.23.pdf

Revised 12-06-2022

U.S. General Services Administration GSA Region 3

<REDACTED>

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

PROJECT NUMBER: 0PA2287

<REDACTED> Agency Name:

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

<REDACTED> currently occupy 66,075 ANSI/BOMA Office Area (ABOA) Square Feet (75,986 Rentable Square Feet (RSF)) of space and 110 parking spaces at 1137 Branchton Road, Boyers, PA 16020 under lease number GS-03B-03447. This space breaks down into 1,865.22 ABOA SF (2,145 RSF) allotted to <REDACTED> and 64,209.78 ABOA SF (73,841 RSF) and 110 parking spaces allotted to <REDACTED> . This lease is currently set to expire on November 30, 2023. Approval is requested to exercise a renewal option with the incumbent Lessor without full and open competition for continued occupancy at this leased location. The renewal option will be exercised in accordance with 41 U.S.C.

3304(a)(1) and the General Services Administration Acquisition Manual (GSAM), Renewal options, 570.401.

2. DESCRIPTION OF THE

(INCLUDING ESTIMATED VALUE).

<REDACTED> require 75,986 rentable square feet of office and related space.

The current lease was made effective December 1, 2003 and has been renewed twice. GSA is actively working with <REDACTED> to define their space needs and long-term requirements. In order to provide time for planning efforts and the long-term procurements, GSA proposes to exercise an existing 5-year renewal option. There is no vacant Federal Space available that could host this requirement.

The estimated cost of the 5-year renewal option is:

Years 1-5: <REDACTED>

Total Contract Value: <REDACTED>

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. This statutory authority is implemented through GSAR 570.401.

4.

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

In accordance with 41 U.S.C. 253 (c)(1), the agenc minimum needs can only be satisfied by unique supplies or services available from only one responsible source and no other type of property or services will satisfy the needs of the agency. The agencies have a mission-based reason to remain in the current location. <REDACTED> must maintain uninterrupted workflow as they work to define their long-term procurement needs. This is not expected to be completed before lease expiration. Once finished, GSA can proceed with the long-term procurements.

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

MANY POTENTIAL SOURCES AS IS PRACTICABLE.

Per the requirements of GSAR 570.401, the GSA Realty Specialist placed an advertisement on SAM.gov on February 22, 2023, for 15 days. No expressions of interest were received.

In addition, the GSA Realty Specialist conducted market research using CoStar and did not identify any office spaces within the delineated area that are able to offer the square footage required by the agencies.

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

GOVERNMENT WILL BE FAIR AND REASONABLE.

REIS data is not available within the delineated area for this procurement. However, recent market research using CoStar showed that fully-serviced office space within the delineated area ranges between <REDACTED> with an average shell rate of <REDACTED>.

Repeated CoStar searches, the most recent taking place on February 15, 2023, revealed that there are no office spaces currently available within the delineated area that can meet the square footage requirement of the agencies.

This lease is not fully serviced, so the rates are being compared to the average shell rate in the market.

The proposed rate for this renewal option of <REDACTED> is below the current average shell rate for this submarket and is deemed fair and reasonable by the GSA Lease Contracting Officer.

7. DESCRIPTION OF MARKET RESEARCH CONDUCTED AND THE RESULTS.

On December 21, 2021, and re-confirmed on February 15, 2023, the GSA Realty Specialist conducted market research using CoStar and identified only one location (the incumbent) that could meet the agenc square footage needs within the delineated area.

See CoStar Report and Market Research Spreadsheet for more information.

A Cost-Benefit Analysis (CBA) is not required for mission-based sole source requirements.

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

for quality performance. The GSA Property Manager confirmed that the Lessor has been responsive to building issues and that the agency is generally satisfied with the current location. The Lessor is currently replacing the paint/flooring throughout all GSA leased space. Additionally, the Lessor has consistently worked with GSA to find actionable solutions as the need arises. However, there are elements of the facility that cannot always be addressed through Lessor remediation.

See Lease Renewal Risk Assessment Memo for more information.

This renewal is part of a larger strategy to conduct long-term procurements for <REDACTED> . The renewal is needed to provide time for space planning efforts and for GSA to complete long-term procurements. GSA will retain termination rights (upon 90 in the renewal term. The renewal will also provide the best value to the taxpayer given the extensive build out and replication costs that would be incurred if they were to move to an alternative location at this time.

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

ACQUISITION.

No written expressions of interest were received.

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

ANY BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION.

There are no systemic barriers to competition. If the agency has a continuing need for space upon lease expiration, GSA will follow all authorities, regulations and policies applicable to lease acquisition. Should enant improvements, the Government will consider the cost of moving from the existing location, and the cost to build out new space when deciding whether to undergo a competitive action.

Additionally, objective scrutiny will be given to the customer agency (if applicable) to eliminate unnecessary agency space requirements that may be deemed unduly restrictive.

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 a renewal of lease for 75,986 and that this Justification is accurate and co knowledge and belief.

__________________________________________________ Date_____________________

<REDACTED>

12. .

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.

___________________________________________________ Date______________________

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Concurred by:

Date <REDACTED>

Concurred by:

Date <REDACTED>

Concurred by:

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Approved by:

Date

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Reviewed for legal sufficiency:

Date

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