4FL0679 Class Justification - Other than Full and Open Competition for Urgent Lease Acquisitions.pdf

CD-2021-02

Attachment A

Justification for Other than Full and Open Competition for Emergency Lease Acquisitions

(1) Identification of the agency and the contracting activity.

GSA Public Buildings Service (PBS) contracting activities.

(2) Nature and/or description of the action being approved.

Use of other than full and open competition procedures due to unusual and compelling urgency.

(3) A description of the supplies or services required to meet the agency’s needs.

Acquisitions of leased workspace and related supporting services provided to Federal agencies to facilitate disaster preparedness or emergency response.

(4) An identification of the statutory authority permitting other than full and open competition.

41 U.S.C. 3304 and FAR 6.302-2 allow for contracting without full and open competition when there is an unusual and compelling urgency.

(5) A demonstration that the nature of the acquisition requires use of the authority cited.

GSA is often called upon to provide work space and related support services to Federal agencies in emergency situations. The need to provide such work space and services in support of disaster relief efforts is of unusual and compelling urgency, and any delay will seriously harm a critical Government program and the recipients of Federal assistance.

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(6) A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

In accordance with FAR 5.202(a)(2) and FAR 6.302-2, contracting activities do not need to submit a synopsis if the delay would seriously injure efforts.

However, competition will be solicited to the maximum extent possible from as many potential sources as is practicable, consistent with the circumstances of the particular emergency. Often, this may be done by phoning a reasonable number of sources and asking for quotes and availability, on the spot.

Contracting activities in each affected region for a particular emergency will work in conjunction with Regional Emergency Coordinators (RECs), State and local government entities, commercially available real estate listing services, local real estate brokers, and the Federal Emergency Management Agency (FEMA), as applicable, to provide additional guidance for efficiently including small business concerns and quickly responding to requirements in support of relief efforts.

(7) A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The Government anticipates being able to negotiate a fair and reasonable price, taking into account market conditions existing at the time of acquisition. The Contracting Officer will determine that the price is fair and reasonable at the time of contract award and will conduct the respective price analyses at the contract level consistent with FAR subpart 15.4, including FAR 15.404-1(b). The Contracting Officer may use existing non-competitive contracts for price comparison, historical pricing data or other available pricing tools to determine the price fair and reasonable. This determination will be documented in the contract file.

(8) A description of the market research conducted.

The Contracting Officer will utilize advanced market research tools such as commercially available real estate listing services, telephone market outreach, and any other market research tools available to the fullest extent possible.

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As the need for space arises, a market survey will be conducted. All potential sources which can be located within the timeframe, and which can provide habitable space suitable for the needs of the responding agency, will be solicited.

(9) Any other facts supporting the use of other than full and open competition.

None.

(10) A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

Not applicable.

(11) A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition.

Under the circumstances described herein, there are no actions that the agency can take to overcome the barriers to full and open competition.

Any subsequent acquisitions for similar services will be required to follow full and open competition.

(12) Contracting officer certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

This class justification CD-2021-02 may be used by GSA contracting officers for applicable emergency lease acquisitions to satisfy the required certification.

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Danilo Galan, Lease Contracting Officer