Below SLAT Lack of Competition - Memo to File - 01_13_2023.pdf

Lack of Competition - Memo to File

Version 01.13.2023

DATE: 07/25/2024

TO: Reviewer

Lease Delegation Review Team General Services Administration (GSA)

FROM: Andrew D. Seaman Lease Contracting Officer

SUBJECT: LEASE #VA251-R-0920, DIN09633-002, Martinsville, IN, Martinsville

Community Based Outpatient Clinic (CBOC)

The anticipated annual rent for the subject lease delegation is $58,170.00, unserviced, and therefore meets the criteria of a Simplified Lease Acquisition Threshold (SLAT) lease. Pursuant to GSAM 570.2, a SLAT lease does not require a Justification for Other than Full and Open Competition (JOTFOC).

The below statutory authority, cost-based or mission-based rationale supports the lack of competition and documents the file per GSAM 570.405(b) for lease extensions, based on one of the following selections:

☐ The proposed lease is for the purpose of providing health-care resources to

Veterans and the proposed lessor is an academic affiliate organization, institution, or a covered entity. 38 U.S.C. § 8103(h)(1) authorizes lease procurements to academic affiliate organizations and institutions or covered entity organizations notwithstanding any other provision of law requiring competitive procedures.

☒ The proposed extension lease action will not be competed through full and open competition because the LCO has determined the space required by the agency is available from only one responsible source based on mission needs and procurement from any other source will result in substantial duplication of cost to the Government that is not expected to be recovered through competition and/or results in unacceptable delays in fulfilling the agency’s requirements. The determination that the requirement can only be met by one responsible source is supported by (select one):

☒ The proposed action is a lease extension. No further justification is required.

☐ No potentially acceptable alternative locations were identified through market research and sources sought advertisement (if required).

Provide brief description of market research conducted, including pre-solicitation advertisements (sources sought) if required. Describe results, including responses, if any, to the advertisement. If the proposed award is to the incumbent lessor, Lack of Competition - Memo to File

Version 01.13.2023 include a statement that the Lessor’s performance has been determined to be adequate during the previous contract period.

☐ Cost based rationale

Provide brief description of market research conducted, including pre-solicitation advertisements (sources sought) if required. Describe results, including responses, if any, to advertisement. If the proposed award is to the incumbent lessor, include a statement that the Lessor’s performance has been determined to be adequate during the previous contract period.

If alternative locations have been identified through either market research or an advertisement, the expected cost savings from remaining in place compared to relocation, as demonstrated by the formal cost benefit analysis sheet from the succeeding lease analysis tool, completed as follows:

The succeeding lease analysis tool was used to evaluate the expected costs of remaining in place against the costs of relocation to a new location. The analysis demonstrates that the Government could not expect to recover relocation and duplication costs through full and open competition. The expected cost savings for this action is $_________ which represents savings of $____/ABOA SF

☐ Mission based rationale

The agency’s mission for this location requires a unique location and cannot be satisfied through any alternative locations. The agency’s mission and justification for a unique location is summarized below:

Provide mission-based information and rationale, if applicable.

Entering into a non-competitive lease for space or a non-competitive lease action for continued space requirements with the proposed lessor is in the best interest of the VA;

and the anticipated annual rent is deemed fair and reasonable.

Please do not hesitate to contact me with any questions at Andrew D. Seaman, (317)988-1526, andrew.seaman2@va.gov.

Andrew D. Seaman Lease Contracting Officer mailto:andrew.seaman2@va.gov