4NY0786 JOFOC 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: 4NY0786

Agency Name: U.S Immigration & Customs Enforcement (ICE)

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

The General Services Administration currently leases 20 Surface Parking Spaces and 52 Structured Parking Spaces at 792 10th Avenue, New York, NY under lease number LNY23517 for the U.S Immigration & Customs Enforcement (ICE). The current lease expires May 31, 2024. Approval is requested to negotiate a 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 lease for 6 months to commence on June 1, 2024 through November 31, 2024. This extension is required in order to secure parking spaces for the agency’s mission, while PBS Region 2 awaits the submission of the long term parking requirements from the agency. Extending the current lease will allow sufficient time for agency planning to be conducted and submission of accurate parking requirements.

The estimated cost of this extension is per space per month for an annual cost of and a total contract value of .

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.

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.

This location houses above standard, oversized, secured, specialty vehicles. Most surface or structured parking lots in Manhattan would not be able to accommodate the government vehicles parked at this location.

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 Midtown Manhattan, New York, NY showed the parking rental rates within the market area ranges from to per space per month for valet only. This lease provides the Government to self-park the vehicles, and the parking rental rates for self-park spaces in Manhattan range from to per space per month. See attached Market Research. The Midtown Manhattan market conditions show that there is a dearth of available parking garages and surface lots within the delineated area that can offer 72 self-park spaces with a contract longer than a monthly term. The current location includes the Government’s exclusive use of a garage with self-park spaces that can accommodate oversized, above standard, specialty vehicles.

As such, any available parking garages and surface lots require a premium cost in order to accommodate the Government’s requirements.

Therefore, the anticipated parking rental rate for this lease extension of per space per month, is within the current market range of to for this submarket and is deemed fair and reasonable.

7. DESCRIPTION OF MARKET RESEARCH CONDUCTED AND THE RESULTS.

On June 11, 2024, the Leasing Specialist conducted market research by contacting parking garages and lots identified using Google maps. The market research showed the parking rental rates within the market area ranges from to per space per month for valet only. The parking rental rates for self-park spaces in Manhattan range 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 6 month extension allows the Government to continue operations without disruption until the agency can provide the long term parking requirements.

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.

PBS Region 2 plans to conduct a procurement to secure a long term parking option for the agency, once agency submission of the long term parking requirements is obtained. This extension is necessary to protect the Government occupancy while GSA awaits agency deliverables.

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 6 months for LNY23517 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 (2PRM)

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 (2PRM)

14. REVIEWED BY:

Senior Assistant Regional Counsel (2L)