3TX1025 Re dacted JOFOC for SAM (1)_Redacted.pdf

Revised 05-20-2021

Justification for Other Than Full and Open Competition, Superseding Lease

U.S. General Services Administration

GSA Region 7 Leasing

Redacted - JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

PROJECT NUMBER: 3TX1025

Agency Name:

U.S. Department of Agriculture (USDA) Federal Motor Carrier Safety Administration (FMSCA) U.S. Food and Drug Administration (FDA)

1. NATURE AND/OR DESCRIPTION OF ACTION BEING APPROVED

The General Services Administration currently leases x rentable square feet (RSF) of office and related space at the Land Port of Entry (LPOE), x under lease number for the , USDA, and FMCSA agencies. The current lease expires Approval is requested to negotiate a superseding lease with the incumbent Lessor without full and open competition for continued occupancy at this leased location and the lease term would be years firm term. The procedures for pursuing a superseding lease are detailed in GSAR 570.402 AND 570.404:

Superseding Leases.

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

AGENCY’S NEEDS (INCLUDING ESTIMATED VALUE)

, USDA, FMCSA, and FDA agencies submitted a continuing need letter on rentable square feet x existing RSF ) of office and related space. To satisfy the multi-agency mission requirements, the facility must be located at the Progreso International Bridge.

This requirement is for x RSF of space for a x years firm term to commence upon acceptance of expansion and renovation of space, estimated to be x. The estimated cost of this lease is per rentable square feet per year for an annual cost of x and a total contract value of .

The delineated area is within the city limits of Progreso, TX and must have a bridge that crosses over and into Mexico.

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 AND

570.404. In accordance with GSAR 570.402 AND 570.404, use of the sole source authority is appropriate where it is determined that there is only one responsible source, and no other supplies or services will satisfy agency requirements.

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

ACQUISITION

X

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 will be given to allow for sufficient time to conduct a sole source procurement to negotiate a reasonable offer. 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 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 a superseding lease of x 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.

__________________________________________________ Date_____________________ x, 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______________________ x, Leasing Project Manager

Concurrence:

________________________________________ Date______________________ x, Leasing Director

Legal Review:

R7 Legal

Concurrence:

x, Competition Advocate

Approver:

_______________________________________ Date______________________ X , Head of Contracting Activity (HCA)