5600_Parking-JOFOC-Redacted.pdf

Attachment C

Justification for Other than Full and Open Competition

Identification of the agency and contracting activity.

(a) Federal agency and contracting activity.

Department of Health and Human Services (HHS) Program Support Center, Buildings Operations Services 200 Independence Ave, SW, Room 330F-45 Washington, DC 20201

(b) Sponsoring organization.

Office of the Assistant Secretary of Administration (ASA) Office of Acquisition Management and Policy Division of Real Estate and Logistics Portfolio 200 Independence Avenue Washington, DC 20201

a. Project Officer information.

Patrina Cuthbertson, PSC Parking Manager 200 Independence Ave, SW, Room 330F-45 Email: Patrina.Cuthbertson@hhs.gov Phone: 202-260-6390

Nature and/or description of the action being approved.

The justification is for a 10-year contract (1-year base, 9 option years) to include a three percent (3%) annual escalation increase for the procurement of 2,000 parking spaces to accommodate HHS facility at 5600 Fishers Lane, Rockville, Maryland.

The Department of Health and Human Services (HHS) currently occupies a total of 935,386 Rentable Square Feet (RSF) of space at 5600 Fishers Lane, Rockville, MD.

The breakdown of the Agency RSF space is as follows:

HRSA - 477,245

AHRQ - 93444

IHS - 132,366

SAMHSA - 178,647

ASA - 53,684

Acquisition purpose and objectives.

The Program Support Center (PSC) manages procurement of necessary parking accommodations for tenant customers associated with 5600 Fishers Lane and provides parking management services to tenant customers. The Program Support Center (PSC) is requesting the purchase of 2000 parking spaces located near the 5600 Fishers Lane Building on behalf of HHS employees to avoid a significant impairment to the Agency’s operational efficiency. Such parking spaces must be located within ¼ of a mile from the 5600 Fishers Lane Building.

Project background.

Per the facility lease, the lessor agrees to provide HHS 1,533 parking spaces are offered through the lessor a rate of $2,529,130 (base year) or $137.48 per space.

JBG is the incumbent and has offered a 10-year contract (1-year base, 9 option years) to include a three percent (3%) annual escalation increase for the base procurement of 1,533 spaces.

Description of the supplies or services required to meet the agency’s needs (including the estimated value).

a. Project title.

HHS Parking Spaces for 5600 Fishers Lane, Rockville, MD

b. Project description.

PSC is requesting the purchase of 2,000 parking spaces located near the 5600 Fishers Lane Building on behalf of HHS employees to avoid a significant impairment to the Agency’s operational efficiency. Such parking spaces must be located within ¼ of a mile from the 5600 Fishers Lane Building.

Requirement type.

Research & development (R&D) R & D support services x Support services (non-R&D)

Supplies/equipment

Information technology (IT)

Construction

Architect-engineer (A & E) services

Design-build

Other (specify): ____________________

Type of action.

x New requirement Follow-on

Other (specify): ______________________

Proposed contract/order type.

X Firm-fixed-price

Other fixed-price (specify, e.g., fixed-price award-fee, fixed-price incentive-fee): __________

Cost-plus-fixed-fee Other cost reimbursement (specify, e.g., cost-plus-award-fee, cost-plus-incentive-fee): ___________ Time and materials Indefinite delivery (specify whether indefinite quantity, definite quantity, or requirements): ___________

Other (specify): ___________

Completion Form Term form

Acquisition identification number.

c. Total estimated dollar value and performance/delivery period.

Task Spaces Total Estimate

Parking Space 2,000 $3,299,557.92

The annual cost for the named 1,533 spaces is estimated at $2,529,130 (base year). Using the estimated annual rental cost divided by the total parking space count PSC estimates a monthly space rate of $152.66 (base year).

The facility requires an additional 467 spaces at a rate of $137.48 per space, at an annual cost estimate of $770,437.92.

The combined annual cost for the base year is estimated at $3,299,557.92.

Identification of the statutory authority permitting other than full and open competition.

x This acquisition is conducted under the authority of 41 United States

Code (U.S.C.) 253(c)(3) as set forth in Federal Acquisition Regulation (FAR) 6.302- 1 (Only one responsible source).

Demonstration that the proposed contractor(s) unique qualifications or the nature of the acquisition requires use of the authority cited.

a. Name and address of the proposed contractor(s).

The JBG Companies® 4445 Willard Avenue, Suite 400 Chevy Chase, Maryland 20815

240.333.3894 direct

240.333.3600 main

240.333.3610 fax

b. Nature of the acquisition and proposed unique qualifications of the contractor(s).

HHS currently occupies office space in the facility and will be moving other tenants within the year. These parking spaces are required to meet the needs of those tenants on behalf of HHS employees to avoid a significant impairment to the Agency’s operational efficiency. The parking spaces must be located within ¼ of a mile from the Building. JBG is the only one responsible source presently capable of supplying HHS the necessary spaces to accommodate facility parking needs.

Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable. Indicate whether a FedBizOpps notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

A market survey was performed for the surrounding parking vendors to obtain the amount of parking available within the ¼ mile area from the Building and JBG was the only source available.

7. Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable.

Attached is a copy of the available parking vendor located in the area and the associated costs for those parking spaces. The costs proposed for the parking services are anticipated to be fair and reasonable to the Government.

8. Description of the market research conducted (see FAR Part 10) and the results, or a statement of the reasons market research was not conducted.

A market survey was performed for the surrounding parking vendors to obtain the amount of parking available within the ¼ mile area from the Building and JBG was the only source available.

In addition, (a) sources will be sought in an announcement in FedBizOpps; (b) publishing a request for quotes (RFQ).

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

JBG is the only one responsible source who can provide all of HHS parking needs within the ¼ mile location from the building.

10. Listing of sources, if any, that expressed, in writing, an interest in the acquisition.

See list of surrounding sources attached no other sources have expressed an interest because they could not provide the parking space requirement.

11. Statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the required supplies or services.

A the end of the proposed lease term, a fully competitive leasing action, if appropriate, will be initiated

12. Program office certification.

This is to certify that the portions of this justification that have been developed by the undersigned program office personnel, including supporting information and/or data verifying the Government’s minimum needs, schedule requirements and other rationale for other than full and open competition, are accurate and complete.

Official Name & Title Signature Date

Project Officer

Project Officer’s

Immediate Supervisor

Head of the Sponsoring

Program Office

13. Contracting Officer certification. The CO shall complete the information required below and sign the certification in the block provided. [NOTE: The CO’s signed certification may serve as approval of a JOFOC over $100,000 but not exceeding $550,0001, depending on OPDIV procedures.)

This is to certify that the justification for the proposed acquisition has been reviewed and that to the best of my knowledge and belief the information and/or data provided to support the rationale and recommendation for approval is accurate and complete.

Official Name & Title Signature Date

Contracting

This dollar range is current as of the date of issuance of interim acquisition policy memorandum

No. 2008-03, but is subject to change – see FAR 6.304(a)(1) and 13.501(a)(2)(i). See HHSAR 306.304(a)(1) and 313.501(a)(2)(i) for additional information regarding CO approval of a JOFOC in this dollar range.

Officer

14. Chief of the Contracting Office and Head of the Contracting Activity signature(s). The Chief of the Contracting Office (CCO), if applicable, and the HCA shall indicate review of, and concurrence with, any JOFOC over $550,0002 by providing the information required below and signing in the applicable block.

Official Name & Title Signature Date

Chief of the

Office

Head of the

Activity

15. Competition Advocate signature. The designated OPDIV Competition Advocate (CA), upon acceptance of the rationale provided in the JOFOC, shall complete the information required below and sign in the block provided as the approving official for any JOFOC over $550,000 but not exceeding $57 million3.

However, if the CA does not meet the requirements of FAR 6.304(a)(3)(ii) for a JOFOC over $11.5 million, but not exceeding $57 million, an individual other than the CA shall exercise the approval authority.

The signature of the CA, or that of an individual meeting FAR 6.304(a)(3)(ii) requirements for a JOFOC over $11.5 million, but not exceeding $57 million, shall serve as concurrence on any JOFOC over $57 million that requires the approval of the HHS SPE.

This review and concurrence requirement is applicable to the dollar ranges over $550,000 cited in the FAR, specifically: (i) over $550,000 but not exceeding $11.5 million; (ii) over $11.5 million but not exceeding $57 million; and (iii) over $57 million – see FAR 6.304(a)(2) through (4) and 13.501(a)(2)(ii) through (iv). See HHSAR 306.304 and 313.501(a)(1)(iii) for additional information regarding CCO/HCA review of and concurrence with a JOFOC in these dollar ranges. These dollar ranges are current as of the date of issuance of interim acquisition policy memorandum No.

2008-03, but are subject to change.

This approval authority is applicable to the following dollar ranges cited in the FAR, specifically:

(i) over $550,000, but not exceeding $11.5 million; and (ii) over $11.5 million, but not exceeding $57 million – see FAR 6.304(a)(2) and (3) and 13.501(a)(2)(ii) and (iii). See HHSAR 306.304(a)(2) and (3) and 313.501(a)(ii) and (iii) for additional information regarding this approval authority, including when the CA does not meet the requirements of FAR 6.304(a)(3)(ii). These dollar ranges are current as of the date of issuance of interim acquisition policy memorandum No.

2008-03, but are subject to change.

Official Name & Title Signature Date

Competition Advocate

16. HHS Senior Procurement Executive signature. The HHS SPE, upon acceptance of the rationale provided in the JOFOC, shall complete the information required below and sign in the block provided as the approving official for any JOFOC over $57 million4.

Official Name & Title Signature Date

HHS Senior Procurement

Executive

This dollar range is current as of the date of issuance of interim acquisition policy memorandum

No. 2008-03, but is subject to change – see FAR 6.304(a)(4) and 13.501(a)(2)(iv). See HHSAR 306.304(a)(4) and 313.501(a)(2)(iv) for additional information regarding SPE approval of a JOFOC in this dollar range.