9FL2527_JOTFOC_Fort_Myers_1PDS_Redacted.pdf

Justification for Other Than Full and Open Competition, Lease Extension

U.S. General Services Administration

GSA Region 4

Leasing Division – Branch 4PLF

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

PROJECT NUMBER: 9FL2527

Agency Name: Public Defender Service (PDS)

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

The General Services Administration currently leases 5,516 ABOA/6,509 rentable square feet (RSF) of office space at 1514 Broadway, Fort Myers, FL under lease number GS-04B-45834 for the Public Defender Service (PDS). The current lease expires 01/02/2020. Approval is requested to negotiate a 2-month extension with the incumbent Lessor without full and open competition for continued occupancy at this leased location. The right to pursue a lease extension is detailed in GSAR 570.405: Lease Extensions.

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

(INCLUDING ESTIMATED VALUE).

PDS submitted a continuing need letter on 04/21/2017 for 6,509 rentable square feet of office and related space. Specialized requirements include a preference for ground level space within walkable distance to the Federal Courthouse in Fort Myers. The incumbent lessor could not meet the agency’s specialized requirements and therefore was not sent an RLP. Lease GS-04P-LFL00711 was awarded to MLD Investments, LLC on October 31, 2018. The GSA Project Manager has scheduled a final walk-through of the newly acquired space for 01/09/2020. A two-month lease extension is requested to complete the tenant improvements and move the agency into the new space.

This requirement is for 5,516 ABOA/6,509 RSF of space for a two-month term to commence on 1/3/2020.

The estimated cost of this lease is $22.71 per rentable square feet per year for a monthly cost of $12,318.25 and a total contract value of $1,914,524.72.

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. In accordance with FAR 6.302-1 and GSAR 570.402, it is determined that award to any other offeror would result in substantial duplication of costs to the Government that are not expected to be recovered through competition.

The incumbent is uniquely qualified as the space is immediately available and is already constructed to meet PDS short term requirements with no additional build out cost or associated moving costs and the economic benefit to remain in the space is to save relocation costs and initial build out costs, which is not expected to be recovered through a Full and Open Competitive procurement.

4. DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR

NATURE OF THE ACQUISITION REQUIRES THE USE OF THE AUTHORITY CITED.

GSAM 570.402-4: No potential acceptable location. If the contracting officer does not identify any potential acceptable locations through advertisement or via the market survey, prepare a written justification to negotiate directly with the present Lessor.

Award to other than the current Lessor would require relocation of the entire requirement and would cause the PDS to incur move and replication costs that would not be recovered through competition

5. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED FROM AS

MANY POTENTIAL SOURCES AS IS PRACTICABLE.

Per the requirements of GSAR 570.402, the GSA Lease Contracting Officer, conducted market research using LoopNet and calls to local brokers in November 2019. There were no lessors who were interested in filling this short-term vacancy under a GSA Lease.

6. DEMONSTRATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO

THE GOVERNMENT WILL BE FAIR AND REASONABLE.

Recent market surveys conducted by GSA in Fort Myers, FL via CoStar and LoopNet, showed the rental rate within the delineated area ranges from $21.50 to $37.50 per RSF.

Therefore, the proposed rental rates for this succeeding lease of $22.71/RSF are within the current market range for this submarket and are deemed fair and reasonable by the GSA Lease Contracting Officer.

7. DESCRIPTION OF MARKET RESEARCH CONDUCTED AND THE RESULTS.

GSAR 570.402-5 allows for negotiation with the incumbent Lessor when a cost-benefit analysis shows that the Government cannot expect to recover relocation and duplication costs through competition.

In November 2019, PBS conducted market research using CoStar and LoopNet and identified one (1) potentially acceptable location (the incumbent) that might meet the agency’s needs within the delineated area.

See Figure 1 below for the results of the market research and FBO advertisement, including the incumbent.

Address Source [EOI/CoStar, etc.] Asking Full Service

Rental Rate

Figure 1: Market Research Comparable

8. OTHER FACTS SUPPORTING USE OF OTHER THAN FULL AND OPEN COMPETITION.

The Building Manager has confirmed that there are no performance issues with the incumbent lessor. A review of IRIS reveals that there are no open condition reports. The incumbent lessor did not meet the specialized requirement as set for this procurement and therefore was not forwarded a Request for Lease Proposal (RLP). The procurement was subsequently awarded to MLD Investments, LLC, on October 31, 2018. The final walk-through and acceptance of tenant improvements of the leased space is scheduled for 1/9/2020. The agency will occupy the new space by 3/2/2020.

9. LIST OF SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN THE

ACQUISITION.

10. STATEMENT OF ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR OVERCOME

ANY BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION.

In advance of an existing lease contract’s expiration, considerations will be given to allow for sufficient time to conduct a full and open procurement. The Government will consider the time and cost of moving from the existing location, and the time and cost to build out new space when deciding whether it is economically advantageous to stay at the existing building or to undergo a competitive action.

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 GSA Lease Contracting Officer certifies that the award of a succeeding lease of 6,509 RSF 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.

1/3/2020

X Judy A. Davidson Judy A. Davidson Lease Contracting Officer Signed by: JUDY DAVIDSON

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.

1/3/2020

X Judy A. Davidson Judy A. Davidson Lease Contracting Officer Signed by: JUDY DAVIDSON

See FAR 6.304 for appropriate signature threshold levels.

If Senior Procurement Executive (SPE) approval is required, must include signatures from Regional Contracting Director and Head of Contracting Activity

(HCA).