3MT0251_Redacted Justification_Redacted (1).pdf

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Redacted Justification for Other Than Full and Open Competition
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3MT0251
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This is a Justification for Other Than Full and Open Competition document for a succeeding lease under GSA Region 8, Rocky Mountain Region.

The General Services Administration seeks approval to negotiate a succeeding lease with the incumbent lessor, A Bar S Properties LLC, for 21,250 assignable square feet (ABOA) / 21,250 rentable square feet (RSF) of office and warehouse space located at Highway 5 East, Scobey, Montana (Lease Number GS-LMT-13982). The Department of Homeland Security, Border Patrol (BP) submitted a continuing need letter on April 23, 2024, for this space. The current lease expires December 14, 2026. The acquisition is justified under 41 U.S.C. 3304(a)(1) as a sole source award pursuant to GSAR 570.402, which permits award to the incumbent lessor when relocation would result in substantial duplication of costs unrecoverable through competition. BP requires the facility to be located outside 500 feet of schools or residential areas, with capability to display way-finding signage. No vacant federal space is available. Cost-benefit analysis demonstrates that relocation costs exceed the cost of remaining at the current location, resulting in total government savings that include avoided tenant improvement replication costs and move costs. Market research conducted by Cushman & Wakefield in partnership with Sterling Commercial Real Estate Advisors on June 11, 2024, identified only one potentially acceptable location in the delineated area. The incumbent lessor provided an expression of interest but did not provide a rate; proposed rental rates are considered fair and reasonable within current market range. The document received all required approvals from the Lease Contracting Officer, Regional Counsel, Contracting Advocate, and Regional Commissioner, all dated February 18, 2025.

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Docusign Envelope ID: EC536A86-D5E0-42EE-8B69-B022F1854509

Revised 10-23-2023

Justification for Other Than Full and Open Competition, Succeeding Lease

U.S. General Services Administration

GSA Region 8, Rocky Mountain Region

Public Building Service, Leasing Branch

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

PROJECT NUMBER: 3MT0251

Agency Name: Department of Homeland Security, Border Patrol (BP)

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

The General Services Administration currently leases 21,250 ABOA / 21,250 rentable square feet (RSF) of office and warehouse space at Hwy 5 East, Scobey, MT under lease number GS-LMT-13982 for the Border Patrol (BP). The current lease expires 12/14/2026. Approval is requested to negotiate a succeeding lease with the incumbent Lessor without full and open competition for continued occupancy at this leased location. The procedures for pursuing a succeeding lease are detailed in GSAR 570.402:

Succeeding Leases.

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

(INCLUDING ESTIMATED VALUE).

BP submitted a continuing need letter on 4/23/2024 for 21,250 ABOA square feet of office and related space. To satisfy BP mission requirements, the facility must not be within 500 feet of schools or residential areas. The Government must also be able to display way-finding signage. There is no vacant Federal space available.

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 570.402. In accordance with GSAR 570.402, use of the sole source authority is appropriate where 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.

It is in the best interest of the Government to remain at the current location. Award to other than the current Lessor would require relocation and would cause BP to incur move and replication costs that would not be recovered through competition. Relocation costs are estimated to be .

Additionally, this allows the Government to make use of some existing tenant improvements, avoiding replication costs of This Border Patrol station has a special purpose build out that includes holding cells, a canine bathing area, and indoor and outdoor canine kennels. A cost-benefit analysis was completed following the procedures set forth in GSAR 570.402-6. The cost of relocating BP using the low-cost quote exceeds the cost of remaining at Hwy 5 East, Scobey, MT. The total savings to the Government is . This anticipated cost savings includes an estimated in

Docusign Envelope ID: EC536A86-D5E0-42EE-8B69-B022F1854509

Revised 10-23-2023

A Bar S Properties LLC, Hwy 5 East, P.O. Box 0967, Scobey, MT 59263

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

ACQUISITION.

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 there be remaining useful life in the Government’s tenant improvements, the Government will consider the costs of moving from the existing location and building out new space when deciding whether to undergo a competitive action.

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 succeeding lease of 21,250 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.

2/18/2025 Dat Angela Scurlock, 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.

Date 2/18/2025

Dana McNeil, Broker Contractor

13. LEGAL CONCURRENCE

Leigh Ann Bunetta, Regional Counsel

14. CONTRACTING ADVOCATE APPROVAL

G.W. Emge, Contracting Advocate

15. HEAD OF CONTRACTING ACTIVITY APPROVAL

Tanisha Palermo, Regional Commissioner e

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