17-R-00010-Justification(s).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.

The CFPB intends to issue a firm-fixed price sole source contract to American Services Group, Inc. for parking facilities located at 1990 K Street, NW, Washington, DC 20006-1103 (HQ2) under the authority of FAR 6.302-1 "Only One Responsible Source and No Other Supplies or Services will Satisfy the Agency Requirements."

Period of Performance: September 1, 2017 to July 31, 2018, with four (4) 12-month option periods for one hundred (100) parking spaces. September 1, 2017 to January 31, 2018, with two (2) 1-month option periods for up to fifty (50) additional parking spaces.

The CFPB is seeking to lease one hundred (100) parking spaces on a regular basis to run concurrently with when CFPB staff (and qualifying contractor staff) will be working on-site at HQ2, and have the option to lease up to an additional fifty (50)spaces during only the pendency of the renovation of the CFPB headquarters parking garage, located at 1700 G Street, NW (HQ1) for some CFPB staff (and qualifying contractor staff) assigned to work on-site at HQ1 . In HQ2, the CFPB is leasing 82,560 rentable square feet of office space on three floors and CFPB staff who are assigned to work in HQ2 and wishing to park will need 24 hour/7 day access to the building’s secure parking garage. It is anticipated that those staff will be relocated to HQ2 in scheduled waves throughout September and October 2017 .

With respect to the one hundred (100) parking spaces leased on a regular basis, the cost is $280.00 per space per month (plus a one-time $25.00 per key fob issued). For CFPB to lease the 100 required spaces during the base year the cost will be $280,000. The

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one-time cost for key fobs will be $2,500.

With respect to the up to additional fifty (50) temporary parking spaces to be leased as needed and only during the pendency of the HQ1 renovation, the cost is $280.00 per month per space plus a one-time cost of up to $1,250.00 (based on $25.00 per key fob issued). The option for any of the additional temporary spaces would only be exercised as needed to fulfill the Government’s minimum requirements for CFPB employees needing to park at HQ2 until the renovation of the HQ1 parking garage is complete.

This is expected to be in February 2018.

3.0 A description of the supplies or services required to meet the agency’s needs (including the estimated value).

CFPB requires one hundred (100) indoor, covered, and secure parking spaces for CFPB staff (and qualifying contractor staff) who will be working on-site at HQ2. 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. Further, staff access to the on-site parking facility 24/7, 365 days per year, is required to safely accommodate staff who works late and on weekends. Providing parking facilities without 24/7 hour access would negatively impact the CFPB workplace, since employees would not have reasonable and flexible 24/7 access, without delay, in order to timely conduct their assigned duties. Moreover, CFPB requires that these facilities be immediately within the vicinity of its secured office space at HQ2 to help ensure the safety of staff performing CFPB work at CFPB offices both during and outside of normal business hours. The estimated cost of leasing the 100 required spaces during the 11-month base period will be $308,000. The estimated one-time cost for key fobs will be $2,500 total.

The up to fifty (50) additional spaces are anticipated to be necessary to also achieve reasonable and secure access, as CFPB may require such indoor, covered, and secure parking spaces for CFPB staff (and qualifying contractor staff) who will be working on-site at HQ1 but who would not have on-site parking available at HQ1 during the pendency of the HQ1 parking garage renovation. CFPB may require temporary parking spaces for such staff, as the HQ1 garage is not anticipated to be ready when staff moves into the HQ1 office space, which is currently scheduled for September 2017, due to an unanticipated GSA construction delay. The estimated value of leasing the additional spaces will be $280.00 per parking space per month, totaling up to $140,000.00 per month. The estimated one-time cost for key fobs will be $25.00 per key fob, totaling up to $1,250.00.

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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

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.

See Paragraph 3.0 for reasonable accommodation needs and requirement of providing achieve reasonable and secure access to staff performing CFPB work.

For the one hundred (100) secure parking spaces for CFPB staff (and qualifying contractor staff) who will be working on-site at HQ2, extensive market research canvassing a number of nearby parking garages within a certain radius of HQ2 (as described below) was conducted by the Office of Facilities and demonstrates that no other parking facility within a reasonable proximity to HQ2 have sufficient parking available to meet the Government’s requirement during the applicable timeframe. It has been determined that American Services Group, Inc. (“Contractor”) can provide the only parking facility with one hundred parking spaces for staff to have 24/7 access to their parking spaces, 365 days a year. The Contractor’s parking facility is the only

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facility that meets CFPB’s requirements, including being within proximate distance to CFPB’s HQ2 offices.

The required area for the parking facilities, where market research focused on, includes in and around HQ2, going North one block to L Street, NW; 19th & K Street, NW going South one block to I Street, NW; 19th & K Street, NW going West two blocks to 21st Street, NW; and 19th & K Street, NW going East two blocks to 17th Street, NW. Market research identified eight parking facilities located in this area; 3 are for tenant parking only; the remaining 5 facilities individually do not currently have enough spaces available to meet our needs. Two of the facilities (those located at 1850 K Street, NW and 1750 K Street, NW) could collectively accommodate our request but staff would have to leave HQ2 thus imposing difficulties on employees with regard to security and safety as well as be a burden for employees with disabilities. Those sites would also not be secured in any respect by CFPB security. CFPB’s first priority is the safety of staff and on average many who will be assigned to perform work at HQ2 work long hours and often weekends as well.

For the up to fifty (50) temporary parking spaces for CFPB staff (and qualifying contractor staff) who will be working on-site at HQ1, extensive market research canvassing a number of nearby parking garages within a certain radius of HQ1 (as described below) was conducted by the Office of Facilities and demonstrates that no other parking facility within a reasonable proximity to HQ1 have sufficient parking available to meet the Government’s requirement of up to fifty (50) temporary parking spaces during the applicable timeframe. Market research revealed that this is the only garage in a five (5) block radius that can meet the full potential need of fifty (50) parking spaces, and only one of two garages in a 5 block radius from 1700 G that can provide even more than ten (10) spaces to meet CFPB’s temporary needs. Moreover, the security staff located at HQ2 will already be familiar with CFPB security procedures. Further, using the same contract will reduce the administration burden.

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 American Services Group, Inc. at HQ2, could satisfy the Government’s requirement according to FAR 6.302-1. Therefore, CFPB will post

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notification of its intent to sole source 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 $280.00 per month per space., the costs of leasing parking spaces at American Services Group’s facility at HQ2 are comparable to those charged by other vendors in the same general vicinity. Nearby garages charge between $273 and $295 monthly per space, with an average price of $281 per space. American Services Group Inc.’s prices are in line with those of other garages in the area. Based upon a consideration of market prices, as well as comparability of required services, to include secure access to staff and reasonable access for disabled staff, the unit price is found 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.

See Paragraph 5.0.

Additionally, the research for temporary parking in the vicinity of 1700 G Street, NW consisted of the Director of Facilities and the Realty Officer each separately contacting these parking garages looking for temporary parking:

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

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

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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

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. It would be difficult to overcome barriers for competition for subsequent actions. CFPB must consider safety and accessibility when leasing parking for its staff.

Generally, the parking facility that offers this is the one below the building where employees work. However, CFPB will continue to do market research to look at options before the exercise of any option period, and will ensure payment at a fair price for parking that meets CFPB requirements going forward. CFPB will not have a need for the additional temporary parking once the parking garage renovation at HQ1 is complete.

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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: Martin Michalosky Date Title: Chief Administrative Officer (Acting)

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

Stephanie E.

Basham

Digitally signed by Stephanie E.

Basham Date: 2017.06.26 09:07:14 -04'00'

Martin Michalosky Digitally signed by Martin Michalosky Date: 2017.06.26 09:21:28 -04'00'

6/26/2017

6/26/2017

6/26/2017