17-C-00007-M1-JOFOC_-_Executed.pdf

JUSTIFICATION AND APPROVAL FOR OTHER-THAN FULL-AND-OPEN COMPETITION

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JUSTIFICATION AND APPROVAL FOR

OTHER-THAN FULL-AND-OPEN COMPETITION

1.0 Agency and Office Name:

Consumer Financial Protection Bureau (CFPB), Office of Operations, Admin Ops, Facilities

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

CFPB seeks to issue an out-of-scope contract modification to increase the number of parking spaces leased through its current contract with Standard Parking Corporation (CFP-17-C-00007) beginning on September 1, 2017, as well as to extend the period of performance for up to three (3) months beginning on January 1, 2018. As compared to the originally awarded contract, the total potential increase in contract value is 117%, and the total potential increase in contract performance period is 25%.

The CFPB’s current contract with Standard Parking Corporation encompasses the use of fifty (50) parking spaces (w/24-hour access) within a building containing temporary CFPB offices located at 1625 Eye Street, NW. The current contract is set to expire on December 31, 2017. The CFPB requires the use of an additional seventy-five (75) parking spaces beginning on September 1, 2017. All parking spaces contracted for would be used by CFPB staff (and qualifying on-site contractor staff) assigned to perform CFPB work at CFPB headquarters, which is located nearby at 1700 G Street, NW (HQ1), during the pendency of HQ1 parking garage renovations, which is required as a result of GSA construction delays. In addition, the CFPB needs to extend the current lease for parking spaces through to January 31, 2018, with two (2) one-month option periods to potentially run through March 30, 2018. The potential use of the 125 parking spaces during one or both option periods would be exercised only as necessary if there are further GSA construction delays with the HQ1 parking garage.

Although staff assigned to perform CFPB work are tentatively scheduled to move out of 1625 Eye Street, NW CFPB offices in September 2017, the parking garage at HQ1 is not expected to be available until February 1, 2018.

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3.0 A description of the supplies or services required to meet the agency’s needs

(including the estimated value).

CFPB requires seventy-five (75) additional parking spaces through its current contract with Standard Parking Corporation (CFP-17-C-00007) beginning on September 1, 2017, as well as an extension of the period of performance for up to three (3) months beginning on January 1, 2018. This increased need is required as a result of GSA construction delays involving HQ1.

Use of parking within the 1625 Eye Street, NW building would serve to provide reasonably accessible and secure parking for CFPB staff (and qualifying on-site contractor staff) assigned to perform CFPB work at HQ1 during the pendency of HQ1 parking garage renovations. Additionally, no fewer than three (3) of these spaces must be reserved for personnel with disabilities, so that CFPB is able to provide reasonable accommodation and work access for those with disabilities. The potential additional use of the parking spaces during the option periods would be exercised only as necessary as a consequence of any further GSA construction delays involving the HQ1 parking garage.

The cost to extend the lease of the fifty (50) parking spaces currently being leased is $300.00 per space per month, which totals $15,000.00 per month. Therefore, the total potential cost of extending the lease for the fifty (50) currently leased parking spaces, assuming the exercise of both option periods, amounts to $30,000.00.

The cost of including the additional seventy-five (75) spaces would be $23,500.00 per month, as fifty-five (55) of those parking spaces would cost $300.00 per month each and 20 of those parking spaces would cost $350.00 per month each. Therefore, the total potential cost of increasing the number of leased parking spaces for the duration of the modified potential contract term amounts to $166,375: $164,500.00 for the lease of the parking spaces, plus the additional one-time cost for fob keys of $1,875.

4.0 Statutory authority permitting other-than full and-open competition.

FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirements (includes brand name, and exclusive licensing agreements or proprietary information)

FAR 6.302-2, Unusual and Compelling Urgency

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FAR 6.302-3, Industrial Mobilization; Engineering, Developmental, or

Research Capability; or expert Services

FAR 6.302-4, International Agreement

FAR 6.302-5, Authorized or Required by Statute

FAR 6.302-6, National Security

FAR 6.302-7, Public Interest

5.0 Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

This award is being made according to FAR 6.302-1, only one responsible vendor and no other supplies or services will satisfy agency requirements.

CFPB needs short-term temporary parking for staff assigned to work on-site at HQ1, since there will be no parking spaces available at this location until the GSA renovation of its parking garage is complete. There are 125 spaces available at 1625 I Street, NW (50 currently under contract, plus the additional 75).

Use of parking within the 1625 Eye Street, NW building would serve to provide reasonably accessible and secure parking for CFPB staff (and qualifying on-site contractor staff) assigned to perform CFPB work at HQ1 during the pendency of HQ1 parking garage renovations. Additionally, no fewer than three (3) of these spaces must be reserved for personnel with disabilities, so that CFPB is able to provide reasonable accommodation and work access for those with disabilities.

Expanded use of the parking at the 1625 Eye Street, NW building, as described herein, is necessary as the only source available based on the extensive market research described below. The program office found that there is not a single garage within 5 blocks of HQ1 that can accommodate anywhere near the required number of spaces; in fact, the market research conducted revealed that this is only one of two garages in a 5 block radius from HQ1 that can provide a significant number of spaces (more than ten) to meet CFPB’s temporary needs. Moreover, the security staff currently performing at 1625 I Street, NW is already familiar with CFPB security procedures and using the

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same contract to help ensure security of staff will reduce the administrative burden.

CFPB will continue to have office space at 1625 I Street until May 2018. Finally, CFPB seeks to have the minimum number of contracts in place to meet its parking facility needs to reduce the administrative burden and lease the required parking spaces at reasonable prices.

6.0 A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

Notice of the Government’s intent to award will be made pursuant to FAR 6.305.

Although the Agency did consider other vendors in its market research, the Agency determined that only Standard Parking, Inc. at 1625 I Street, NW, could satisfy the Government’s needs according to FAR 6.302-1. Therefore, the CFPB will post notification of its intent to modify the current contract on a sole source basis and this justification on Fedbizops.gov on June 26, 2017.

7.0 Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

At $300/mo., the costs of leasing 50 spaces at Standard Parking’s facility at 1625 Eye Street are similar to those charged by other vendors in the same general vicinity, and were found to be fair and reasonable prior to the original contract award. The modification would add 55 spaces at $300/mo, which is the same as the contract price, and thus, fair and reasonable. There are 20 spaces that would cost $350/mo. This is due to the fact that the vendor is temporarily converting 20 hourly spaces to monthly spaces to accommodate CFPB needs and would lose money if the spaces were leased at $300/mo. The premium for those 20 spaces will be $1,000/mo., totaling up to $5,000 for the potential of 5 months. The CFPB is willing to pay the price premium since Standard Parking will already be following CFPB security protocol and this will reduce the time and costs associated with awarding contracts to and bringing at least, two other vendors (to meet the need for 20 more parking spaces) up to CFPB security standards, as well as ensure security for staff performing CFPB work on-site at HQ1.

The contract would increase by up to $211,375, assuming the exercise of both option periods. I, as the Contracting Officer, conclude that the prices per parking space are

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fair and reasonable, and the total potential cost would be fair and reasonable.

8.0 A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

The research for temporary parking in vicinity 5 block radius of HQ1 consisted of the Director of Facilities and the Realty Officer each separately contacting parking garages looking for temporary parking, including:

LAZ Parking – 1700 Pennsylvania Avenue, NW: They have 10 spaces available Colonial Parking – 1776 G Street, NW: They can provide “possibly” 8 spaces Colonial Parking – 648 18th Street, NW: Only daily parking available SP+ Parking – 1750 H Street, NW: Only daily parking available

The Facilities Office’s market research revealed that the garage at 1625 I Street, NW is only one of two garages that can accommodate a significant number of spaces (at least

10) to accommodate CFPB’s temporary needs while construction at HQ1 is being completed.

9.0 Any other facts supporting the use of other than full and open competition, such as:

9.1 Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available.

N/A

9.2 When 6.302-1 is cited for follow-on acquisitions as described in 6.302-

1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

N/A

9.3 When 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

NA

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10.0 A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

None

11.0 A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

This agency requirement is temporary, as it arises due to the HQ1 parking facilities being unavailable during a GSA renovation. There will be no subsequent acquisition for this requirement once parking facilities at HQ1 are available, and CFPB no longer has a presence in 1625 I St, NW after May 2018.

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B. APPROVAL.

1.0 TECHNICAL/REQUIREMENTS PERSONNEL. All supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or requirements or other rationale for limited sources) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

Name: Stephanie Basham Date Title: Realty Officer Office: Operations, Admin Ops, Facilities

Name: Marty Michalosky Date Title: Chief Administrative Officer

2.0 PROCUREMENT STAFF. To the best of my knowledge and belief, I certify that this justification is accurate and complete.

Name: Vanessa del Toro Date Title: Contracting Officer Office: Procurement

Martin Michalosky Digitally signed by Martin Michalosky Date: 2017.06.26 09:19:57 -04'00'

Stephanie E.

Basham

Digitally signed by Stephanie E. Basham Date: 2017.06.26 09:38:02 -04'00'

6/26/2017

6/26/2017

6/26/2017