1291S808L1503 JOTFOC_Extension FS CLOVIS CA Redacted.pdf

Sierra Forest Supervisor’s Office Clovis, CA Southwest Zone

Justification for Other than Full and Open Competition

EXTENSION

1. NATURE AND/OR DESCRIPTION OF ACTION BEING APPROVED

The U.S. Forest Service, Region 5, currently leases approximately 21,424 ABOA/26,922 rentable square feet (RSF) of office and office-related space (“leased space”) at 1600 Tollhouse Road, Clovis, CA 93611 under Lease No.1291S808L1503. The current lease expired on October 31, 2019. An extension request had been previously submitted along with a prior Justification for Other than Full and Open Competition letter in May 2021. Shortly thereafter the Forest unit has since changed its long-term lease needs and has asked us to revise our request to allow them the time they need to complete a new construction project on county land. This new project funding has already been approved by the Regional Facility Investment Board, and the unit has stated they believe the project will be completed by 2024. Approval is requested to negotiate a 4-year, 11-month lease extension with the incumbent Lessor (1600 Tollhouse, LLC, 5801 Corral Way, La Jolla, CA 92037), without full and open competition for continued occupancy at this leased location. The right to pursue an extension is detailed in GSAM 570.405 under Extensions.

2. DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE

AGENCY’S NEEDS (INCLUDING ESTIMATED VALUE)

This requirement is for 21,424 ABOA/26,922 RSF of space for a 4-year, 11-month term commencing on November 1, 2019 and ending on September 30, 2024. The estimated cost of this lease is $26.15 per rentable square feet per year for an annual cost of $704,010.30 and a total contract value of $3,461,383.98.

There is a continued need for the leased space described above in Clovis, California to enable the Sierra National Forest’s Fire and Aviation Management Unit to continue to meet its mission requirements. This space will be utilized for general office and office-related space, as it is now currently being used. This current leased space is strategically located near the western boundary of the Sierra National Forest.

It is in the best interest of the Government to remain at the current location. The facility under consideration for a lease extension is already configured as a general office and office-related space ideally suited for supporting USFS’ fire-management activities.

Further, entering a new lease extension at the current leased location would allow the government to enjoy the existing tenant improvements, thus avoiding replication costs of modifying a new lease area to suit the region’s needs.

3. IDENTIFICATION OF STATUTORY AUTHORITY PERMITTING OTHER THAN FULL

AND OPEN COMPETITION. 41 USC 3304 (a)(1) and 41 USC 253 (c)(1)

In accordance with 41 USC 3304 (a)(1) and 41 USC 253 (c)(1), the property or services needed by the agency are available from only one responsible source and no other type of property or services will satisfy the needs of the agency.

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 allows for negotiation with the incumbent Lessor when no other potential acceptable locations are available.

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

FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE

On 23 March 2021, Richard W. Wilhelm conducted market research using LoopNet and identified 3 potentially acceptable locations that were able to meet the agency’s needs within the delineated area.

6. DEMONSTRATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

There are 3 existing properties comparable with which to use in the Fresno-Clovis metro.

Address City Space Available Price Per Sq. Ft.

1600 Tollhouse Road

(Incumbent) Clovis, CA 26,992 RSF $26.15/Sq. Ft.

Full-Service

2314 Mariposa St Fresno, CA 41,670 RSF * Class B

$26.26/Sq. Ft.

** Adjusted f/ Full

Service

5104 Blythe Ave Fresno, CA 51,264 RSF * Class B

$19.66/Sq. Ft.

** Adjusted f/ Full

Service 90 W. Ashlan Ave Clovis, CA 40,498 RSF *

Class B $21.46/Sq. Ft.

** Adjusted f/ Full Service

* Smaller footprints available Average Price/Sq. Ft. $23.38

** Partially serviced rental rates were adjusted accordingly - $2.55/RSF for janitor, bldg. maintenance, landscaping; $1.35/RSF for taxes; $0.16/RSF for insurance

7. DESCRIPTION OF MARKET RESEARCH CONDUCTED AND THE RESULTS

On 23 March 2021, Richard W. Wilhelm conducted market research using LoopNet and identified three potentially acceptable locations other than the incumbent that could meet the agency’s needs within the delineated area.

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

COMPETITION

The available properties found within the Fresno-Clovis metro ranged in rents from $19.66/RSF to 26.26/RSF with an average price of $23.38/RSF. The current annual price/RSF paid to the lessor for the 1600 Tollhouse Road office space falls within this range of rents.

The incumbent lessor meet’s the agency’s need within the delineated area. Past performance has shown to be acceptable.

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

ACQUISITION

None.

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

OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT

ACQUISITION

The term of this extension action will allow sufficient time for the Leasing Officer to pursue and conduct a full and open procurement, in accordance with the Competition and Contracting Act. This Justification for Other than Full and Open Competition is being requested as part of a lease extension action.

11. CONTRACTING OFFICER CERTIFICATION

By signature on this Justification for Other than Full and Open Competition, the Forest Service Lease Contracting Officer certifies that the award of an extension of 26,922 RSF is in the Government’s best interest and that this Justification is accurate and complete to the best of the Forest Service Lease Contracting Officer’s knowledge and belief.

Lease Contracting Officer Date

HEATHER

MCCOLLISTER

Digitally signed by HEATHER

MCCOLLISTER

Date: 2021.08.24 06:58:27 -07'00'

12. SIGNATORIES

Concurred By:

Sandi Sandry Branch Chief, Leasing Branch

Approved by:

Chantel Smith Competition Contracting Advocate

SANDI SANDRY Digitally signed by SANDI SANDRY Date: 2021.08.30 09:21:48 -06'00'

CHANTEL SMITH Digitally signed by CHANTEL SMITH Date: 2021.09.08 07:40:18 -05'00'