9NY2771 - Redacted JOTFOC.pdf

Justification for Other Than Full and Open Competition

U.S. General Services Administration GSA Region 2

PBS Leasing Division

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

PROJECT NUMBER: 9NY2771

Agency Name:

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

The General Services Administration currently leases 10,700 ABOA/12,299 RSF of office space at under lease number GS-02P-LNY24259 for

. The current lease expires March 29, 2020. Approval is requested to negotiate an extension 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 10,700 ABOA/12,299 RSF of space for a 18 month term to commence on March 30, 2020.

The estimated rate per square foot of this lease extension is the current rate of per rentable square feet per year for an annual cost of and a total contract value of .

The delineated area is:

North: Ashburton Avenue with Warburton Avenue to Prescott Street.

South: Radford Street with Riverdale Avenue to McLean Avenue. McLean Avenue to Park Hill

Avenue.

East: Prescott Street with Ashburton Avenue to Elm Street. Elm Street to Cedar Street to Spruce

Street. Spruce Street to Rumsey Road. Rumsey Road to Park Hill Avenue. Park Hill Avenue to McLean Avenue.

West: Ashburton Avenue with Warburton Avenue to Dock Street. Dock Street to Buena Vista Avenue. Buena Vista Avenue to Herriot Street. Herriot Street to Riverdale Avenue. Riverdale Avenue to Radford Street.

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.

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. The current space is already built to meet requirements. The 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. Relocation costs are estimated to be . Additionally, this allows the Government to make use of existing tenant improvements, avoiding replication costs of along with rent costs paid to the old location during the move estimated to be . A cost-benefit analysis was completed following the procedures set forth in GSAR 570.402-6 and is attached to this justification. The cost of relocating using the lowest priced alternative exceeds the cost of remaining at with a total savings to the Government of .

(b)

(b) (7)(B)

(b) (7) (b)

(b) (7)(B)

(b) (7) (B)

(b) (7) (B)(b) (7)(B)

(b) (5)

(b) (5) (b) (5)

(b) (5)

(b) (5)

(b) (5)

(b) (7)(B)

(b) (5)

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 Leasing Specialist conducted market research using the Bullseye, CoStar Group, and phone calls to local brokers.

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

GOVERNMENT WILL BE FAIR AND REASONABLE.

Based on the market research conducted by the PBS Leasing Specialist, rental rate within the delineated area ranges from PBS National Bullseye program derived a target rate for this area at .

The anticipated fully serviced rental rate for this lease extension of p.s.f. is below the current market range for this submarket and comparable with the PBS Bullseye target rate and therefore deemed fair and reasonable and the best value to the Government.

7. DESCRIPTION OF MARKET RESEARCH CONDUCTED AND THE RESULTS.

On June 21, 2019, PBS conducted market research using the CoStar and market research and identified three potentially acceptable locations (two [2] plus the incumbent) that might meet the agency’s needs within the delineated area.

See Figure 1 below for the results the CoStar Group’s market research report:

Address

Source:

(CoStar, Market Research)

Asking Full Service Rental Rate

Present Lease

PBS Research

PBS Research

Figure 1: Market Research Comparables

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

According to the GSA Lease Administration Manager, the outstanding office issues are:

· Several leaks from the ceiling.

· Roaches and unwanted pests.

· Janitorial needs are not being met and the cleaning supervisor is not cooperative and responsive.

· Cleaning company is inconsistent with the cleaning services provided.

· Cleaning company does not have a permanent employee to clean the offices and there is no consistent visit from their Supervisor to ensure their employees are doing a thorough job.

· Bathroom and cleaning supplies are sometimes not available to the cleaning company’s employees.

· Toilet seat covers are needed in the men’s and women’s bathrooms on a consistent basis not sporadically.

· Both the men’s and women’s bathrooms have a strong odor and only goes away if you pour water down a floor drain.

· Office temperature is too cold or too hot depending on the side of the office. This fluctuation usually leads to office leaks.

· Regular cleaning of the carpet and the floors is needed.

Although the Lessor addressed many of these issues in an email dated June 21, 2019, GSA PBS intends to address these items with the Lessor at no additional cost to the Government as part of the lease extension.

(b) (5)

(b) (7)(B) (b) (5)

(b) (5)

(b) (5)(b) (7)(B)

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.

The Government is currently undergoing a full and open competitive procurement for a term of 10 years to address the long term housing needs of this Agency. An award of the new/replacing lease is anticipated by May of 2021.

11. 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.

__________________________________________ Date_____________________

12. 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 12,299 r.s.f. 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.

_________________________________________ Date_____________________

13. APPROVED BY:

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.

________________________________________ Date______________________