JFOTFOC _CIS _ICE_Latham _Extension_FBO.pdf

General Services Administration

Leasing Division

Justification for Other than Full and Open Competition

GS-02B-22954, Project Number 4NY0442

Proposed Action: To acquire a three year, two year firm term, extension at 1086 Troy-

Schenectady Road, Latham, New York on behalf of the Department of Homeland Security

Immigrations and Customs Enforcement (ICE), and the Department of Homeland Security

Citizenship and Immigration Services (CIS).

Description of Requirement (including estimated value): ICE and CIS presently occupy

11,691 ANSI BOMA Office Area Square Feet (ABOASF) and 11,833 ABOASF of space, respectively, under Lease GS-02B-22954 in Latham, New York. The lease also provides ICE and CIS with 21 inside secure parking spaces within 10,184 ABOASF of space in the lower level.

The lease expires on July 25, 2015. The contract rent for 23,524 Rentable Square Feet (RSF) /

23,063 ABOASF is currently $792,461.62 per annum or $33.69 per RSF.

Neither ICE nor CIS have provided GSA with their long term requirements. CIS has requested that GSA negotiate a five year lease renewal because of their recently completed security system upgrade at this location. CIS contracted with the GSA Design and Construction Programs

Division in Region 8 for Nationwide Security System Upgrades at a number of their facilities.

ICE is currently reviewing their requirements for their Albany Office, and are considering a consolidation of their 2,328 ABOASF office located in the Leo O’Brien Federal Building with the Latham Office and plan to submit their requirements to GSA.

Identification of Statutory Authority: 41 U.S.C. 3304(a)(1).

Unique Qualifications of Proposed Contractor or Nature of Acquisition Requiring

Authority Cited:

The current lease is already constructed to meet the needs of both ICE and CIS. The lease space includes a sally port which allows the agency to securely bring in detainees and follow a secure path of travel into their lease space any time of the day or night. The current lease also provides 21 inside secure parking spaces. The inside secure parking spaces are also a unique requirement of the agency because they can securely store law enforcement vehicles.

If GSA were to conduct competitive lease procurement for this requirement, approximately $1,077,521.00 ($45.81 x 23,524) worth of tenant improvements would be required to duplicate the existing space. In addition, the CIS security system costing

$227,816.71 was recently completed at this location. It is essential to both agencies’ mission that they remain at their current location without disruption to their operations.

The excessive cost to move and duplicate an already existing and functioning office for a short term would not be in the best interest of the Government. The Government is seeking a three (3) year, two (2) year firm term extension in order to protect the

Governments occupancy while efforts continue to obtain long term requirements and complete competitive lease procurement.

Efforts to Ensure Solicitation from Maximum Sources Practical: N/A

Determination that Anticipated Costs will be Fair and Reasonable:

On June 1, 2015 a search of available properties was done in CoStar for approximately 23,000 to

25,000 sf in the Latham area. The only result returned from CoStar was a Class B office building. Market research conducted by GSA shows the market rate in this area to be an average of $23.20/RSF. In researching the Albany area there is no market data available for inside, secure parking spaces since very little inside, secure parking exists in the area. The Albany Parking

Authority is currently charging $150.00/space/month which would equate to $37,800.00/year for

21 unsecured, unreserved parking spaces. The adjusted market rate including, taxes, tenant improvements and parking would increase to $37.35/RSF. The lessor’s rate of $33.69/RSF for a

Class A building including inside, secure parking falls within market range, and is considered to be fair and reasonable.

List of Sources Expressing Interest in Solicitation: N/A

Other Factors Supporting Justification: N/A

Listing Sources Expressing Interest: N/A

Future Actions to Overcome Barriers to Full and Open Competition: N/A

I hereby certify that the above information is accurate and complete to the best of my knowledge.

Agency requirements supporting this justification for other than full and open competition are certified as accurate and complete.