5A. Posting of Redacted JOTFOC_Redacted.pdf

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Redacted JOTFOC
Solicitation number
1232TD05L2201
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This document is a Justification for Other Than Full and Open Competition (JOTFOC) for a lease extension. The Forest Service is leasing 89,760 rentable square feet of office space in Albuquerque, NM from the incumbent lessor. The current lease expires on 1/19/25, and the agency is requesting a 5-year extension from 1/20/25 to 1/19/30 with the incumbent lessor without full and open competition. The estimated annual cost for the 5-year extension period is between $2.36 million and $2.56 million per year, with a total contract value of $12.29 million. The justification cites the sole source authority under 41 USC 3304(a)(1) due to the Government's need for the incumbent's unique property that satisfies the agency's requirements and the delays in acquiring replacement space. The document is approved by the Head of Contracting Activity.

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Albuquerque, NM

Justification for Other than Full and Open Competition Extension

Region WO

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

The currently leases 89,760 ABOA/89,760 rentable square feet (RSF) of office space at 100 Sun Ave, NE, Albuquerque, NM 87109 under lease number 1232TD05L2201 for the . The current lease expires 1/19/25. Approval is requested to negotiate an extension for five years with the incumbent Lessor without full and open competition for continued occupancy at this leased location.

2. DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY’S

NEEDS (INCLUDING ESTIMATED VALUE).

This requirement is for 89,760 ABOA SF/89,760 RSF of space plus 140 parking spaces for a five-year term to commence on 1/20/25. The estimated cost of this lease is $26.31 per RSF per year plus 2% annual escalations for an annual cost of $2,361,585.60 for year 1; $2,409,158.40 for year 2; $2,456,731.20 for year 3; $2,506,099.20 for year 4; and $2,556,364.80 for year 5, and a total contract value of $12,289,939.20.

The parking requirement falls below the average market ration of 4.29 spaces per 1,000 SF of space included in rent, therefore no additional parking costs are anticipated.

3. IDENTIFICATION OF STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION.

41 USC 3304 (a)(1) the property or services needed by the agency are available from only one responsible source and no other type of property or services will satisfy the needs of the agency. 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. This authority may apply to lease extensions in situations such as, but not limited to, the following:

(1) The agency occupying the leased space is scheduled to move into other Federally controlled space but encounters unexpected delays in preparing the new space for occupancy.

(2) The Government encounters unexpected delays outside of its control in acquiring replacement space.

(3) The Government is consolidating various agencies and the contracting officer needs to extend the terms of some leases to establish a common expiration date.

(4) The agency occupying the space has encountered delays in planning for a potential relocation to other federally controlled space due to documented organizational, financial, or other uncertainties.

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.

GSAM 570.402-4 allows for negotiation with the incumbent Lessor when no other potential acceptable locations are available. The agencies under this lease will be moved to alternate federal space and require additional time to complete their long-term follow-on lease actions. Award to other than the current Lessor would require relocation of the entire requirement and would cause to incur move and replication costs that would not be recovered through competition.

Albuquerque, NM

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 Lease Contracting Officer certifies that the award of an extension of 89,760 RSF is in the Government’s best interest and that this Justification is accurate and complete to the best of the Lease Contracting Officer’s knowledge and belief.

Date_____________________ , 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.

, Lease Contracting Officer

13. CONCURRED BY:

, Lease Branch Chief

14. CONCURRED BY:

, Mission Area Senior Contracting Official

15. APPROVED BY:

, Head of Contracting Activity

4/17/24

4/17/24

4/18/24

File details come from the government source that posted it. Updated .