6006 JOFOC FBO posted.docx

HHS Template and Instructions for a Justification for Other than Full and Open Competition

Completion Instructions: HHS has established a standard template for preparation of a Justification for Other than Full and Open Competition (JOFOC) for non-Federal Supply Schedule acquisitions exceeding the simplified acquisition threshold. Operating Divisions (OPDIVs) shall prepare the template in accordance with these completion instructions. (NOTE: The Project Officer (PO) has responsibility for completing all of the information items included in the template, with any necessary assistance from the cognizant Contracting Officer (CO) and Contract Specialist (CS) -- especially for items 3.(b), 4., 6., 7., 8. and 10. listed below.

The instructions for preparing a JOFOC are specified in “red” and should be deleted prior to processing the document for review and approval. Also, do not include the completion instructions in the completed document.

A completed JOFOC must contain all of the applicable bolded headings in the order specified. Place the required information directly next to, or under, the applicable heading. If a heading does not apply to a specific JOFOC, indicate “not applicable” (N/A) next to it. Reference and attach any additional information necessary to support the JOFOC.

Justification for Other than Full and Open Competition

“Source Selection Information – see FAR 2.101 and 3.104”

1. Identification of the agency and contracting activity. Provide the following information:

a. Federal agency and contracting activity. HHS. HHS NIH ORS DATS

b. Sponsoring organization. ORS

c. Project Officer information.

· Project Officer name - Louise Davis

· Mailing address - 9000 Rockville Pike, Bethesda, Maryland 20892

· E-mail address – Davislou@mail.nih.gov

· Telephone number – 301-496-9621

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

a. Acquisition purpose and objectives.

· The contractor shall provide rental of 118 parking spaces at 6006 Executive Boulevard.

b. Project background.

· The contractor will provide support services to satisfy the overall operational objectives of leasing 118 parking spaces at $95.00 per space per month ($11,210.00 per month) and a management fee of $1,121.00 (per month) for a total of $ 147,972.00 for the period of performance October 1, 2011 through September 30, 2012. This self-park, open lot is adjacent to the 6006 Executive Boulevard Building and managed by Peel Properties, LLC. The lot is monitored by a closed circuit television camera and is equipped with adequate lighting. The 118 spaces shall be used by NIH permit holders with valid NIH identification, i.e. mirror hangtag fully displayed. Vehicles that do not display NIH identification will be subject to a Parking Violation Notice.

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

a. Project title. 6006 Executive Boulevard Off Campus Parking.

b. Project description.

· Under this task order, the contractor will independently provide support services to satisfy the overall operational objectives of leasing 118 parking spaces at $95.00 per space per month ($11,210.00 per month) and a management fee of $1,121.00 (per month) for a total of $ 147,972.00 for one year to the National Institutes of Health, Office of Research Services, Division of Amenities and Transportation Services. This self-park, open lot is adjacent to the 6006 Executive Boulevard Building and managed by Peel Properties, LLC. The lot is monitored by a closed circuit television camera and is equipped with adequate lighting. The 118 spaces are to be used by NIH permit holders with valid NIH identification, i.e. mirror hangtag fully displayed. Vehicles that do not display NIH identification will be subject to a Parking Violation Notice.

· Requirement type.

Research & development (R&D) R & D support services Support services (non-R&D) Supplies/equipment Information technology (IT) Construction Architect-engineer (A & E) services Design-build Other (specify): ____________________

· Type of action.

New requirement Follow-on Other (specify): ______________________

· Proposed contract/order type.

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.

1. Requisition number: several

c. Total estimated dollar value and performance/delivery period. $147,972.00 - October 1, 2011 through September 30, 2012

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

This acquisition is conducted under the authority of 41 United States Code (U.S.C.) 253(c)(1) as set forth in Federal Acquisition Regulation (FAR) 6.302- 1.

This acquisition is conducted under the authority of section 4202 of the Clinger-Cohen Act of 1996.

This acquisition is conducted under the authority of the Services Acquisition Reform Act of 2003 (41 U.S.C. 428a).

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

a. NIH currently leases office spaces at 6006 Executive Blvd. Additional parking spaces are needed at the facility. Parking services at 6006 Executive Blvd. can only be obtained from Executive Building. Peel Properties is the management company that operates and controls all aspects of the building management and parking lot.

Name and address of the proposed contractor.

· Executive Building 6006 Executive Blvd.

Rockville, MD 20852-3811

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

· Parking services at 6006 Executive Blvd. can only be obtained from Executive Building. NIH currently leases office space at 6006 Executive Blvd. and additional parking spaces are needed.

6. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable.

· In accordance for FAR Part 6.302-1, only one responsible source can satisfy agency requirement. The justification will be posted which is required by 10 U.S.S. 2304 (1) and 41 U.S.C. 253(j). The justification shall be made publicly available within 14 days after award.

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

· Market research was conducted by the contract specialist to ensure rates are fair and reasonable.

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.

0. Contract specialist contacted 11 parking management companies near 6006 Executive Blvd. to inquire about their monthly parking rates.

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

0. It is important that employees are able to park as close as possible to 6006 Executive Blvd.

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

· None

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.

· N/A – One Responsible Source