2NY0812 JOFOC Extension Redacted.pdf

Justification for Other Than Full and Open Competition, Extension

U.S. General Services Administration

GSA Region 2 Leasing

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

PROJECT NUMBER: 2NY0812

Agency Name: Federal Bureau of Investigation

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

The General Services Administration currently leases 82 surface self-parking spaces at 15 Worth Street New York, NY under lease number GS-02B-LNY00603 for the Federal Bureau of Investigation (FBI). The current lease expired July 31, 2024. Approval is requested to negotiate a 24 month lease extension with the incumbent Lessor, without full and open competition, for continued occupancy at this leased location.

The procedures for pursuing a lease extension are detailed in GSAR 570.405: Lease extensions.

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

(INCLUDING ESTIMATED VALUE).

The Government requires an extension of the current parking lease located at 15 Worth Street New York, NY for 24 months, to commence on August 1, 2024. The agency previously occupied a total of 125 surface self-parking spaces, however, prior to expiration the required number of spaces was reduced to 82 spaces when the FBI relocated 43 vehicles to the nearby parking garage located at 26 Federal Plaza, New York, NY. The parking extension will allow the agency to maintain secured parking for the remaining 82 vehicles that could not be accommodated at the federally owned parking garage. The FBI has not provided GSA with its long term parking needs at this time. GSA will consider housing the parking need within a federally controlled facility should additional spaces become available. The location of the parking lot is in close proximity to FBI’s offices located at two federal buildings. In addition, the ability to self park the Government vehicles is critical to FBI's mission requirements. This extension is required to protect the agency’s parking needs until such time that parking requirements are provided or federal space becomes available.

The parking rental rate at the current leased location is per surface self-parking space per month.

The agency currently leases 82 surface parking spaces for a total annual contract value of .

Considering the dearth availability of self parking spaces within the delineated area and the current average parking rental rate for self-parking locations, we expect the cost of this extension will increase for the 24 month lease period. Market Research conducted by the leasing specialist estimated a parking rental rate of per surface self-parking space per month for the area. Therefore, based upon a potential increase in rent to per space per month, the total annual rent is anticipated to be and the aggregate value is expected to be . See market data analysis in Section 6.

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 570.405. In accordance with GSAR 570.405, use of the sole source authority is appropriate when the government experiences a delay in acquiring replacement space.

☐ The agency occupying the leased space is scheduled to move into other Federally controlled space, but encounters unexpected delays in preparing the new space for occupancy

☐ The government encounters unexpected delays outside of its control in acquiring replacement space

☐ The government is consolidating various agencies and the contracting officer needs to extend the terms of some leases to establish a common expiration date

☒ The agency occupying the space has encountered delays in planning for a potential relocation to other federally controlled space due to documented organizational, financial, or other uncertainties

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

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

It is in the best interest of the Government to remain at the current location during the extension period.

The FBI occupies space in both 26 Federal Plaza New York, NY and 290 Broadway New York, NY. Both federal buildings are located approximately 2 blocks from the current parking leased location. The parking located at 15 worth is supporting the agency's mission by being located in such close proximity to FBI’s offices.

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

MANY POTENTIAL SOURCES AS IS PRACTICABLE.

In accordance with GSAM 570.106(d) and 570.405, an advertisement is not required for extensions.

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

THE GOVERNMENT WILL BE FAIR AND REASONABLE.

Recent market research conducted by the Leasing Specialist in the Tribeca Neighborhood of Manhattan, NY showed the rental rate within the market area ranges from to per space per month for valet parking only. This lease allows the Government to self-park the vehicles, and the parking rental of GSA self-park comparable leases in different Manhattan markets range from to per space per month. See attached Market Research. Despite the number of parking garages located in the immediate area, none of the garages have the required number of spaces available for lease and those garages that do are only willing to accommodate valet only parking arrangements.

Therefore, the estimated rental rate raise for this lease extension in the amount of per surface self-parking space per month, is both below the current market range 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 July 25, 2024, market research was conducted by contacting parking garages and lots identified using Google maps. The market research showed the rental rate within the market area ranges from to per space per month for valet parking only. The monthly parking rental rate for self-parking in Manhattan ranges from to per space per month.

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

Remaining at the current location under a 24 month extension allows the Government to continue operations without disruption. The close proximity to the FBI offices located at the two federal buildings in addition to the ability to self park the Government vehicles is critical to the support of the FBI's mission.

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

ACQUISITION.

N/A

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

BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION.

The Government will seek a long term parking solution if the federally owned parking garage is unable to accommodate these vehicles. A long term parking plan at the current leased location will also be considered as an option considering the market conditions and the ability to meet the requirements of the agency.

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 lease extension of 24 months for GS-02B-LNY00603 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.

, Lease Contracting Officer

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.

, Leasing Specialist

13. Concurred By:

Branch Chief Leasing Division (2PRM)

Lease Acquisition Officer Leasing Division (2PR)

Leasing Director Leasing Division (2PR)

14. REVIEWED BY:

Senior Assistant Regional Counsel (2L)

15. CONCURRED BY:

Competition Advocate (2P)

16. APPROVED BY:

Regional Commissioner (2P)