JOFO-CFTC990101-M009.pdf

Commodity Futures Trading Commission Office of Financial Management

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

This is a justification for other than full and open competition prepared by the Commodity Futures Trading Commission, Office of Financial Management, 1155 21st Street, N.W., Washington, DC 20581.

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

Modification of Contract Number CFTC-99-01 01 with Studley, Inc, to extend the period of performance by one year and add up to 24 month option period. The contract currently expires on December 5, 2009.

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

Studley currently has Contract Number CFTC-99-01 01 for real estate brokerage and related services. Pursuant to this contract, Studley is supporting a space expansion project in Washington, DC and Chicago 1L. This includes on-going negotiations with landlords for lease of additional space, as well as project management and architect and engineering (A&E) services related to the build out and renovation of office space.

It is anticipated that this project will be completed in March of 2011, but may require additional time depending on the outcome of lease negotiations as well as the time required for design and construction of office space.

There are no plans to obligate additional funds during the extension project.

3. An identification of the statutory authority permitting other than full and open competition.

41 U.S.C. § 253(c)(1). Only one responsible source and no other supplies or services will satisfy agency requirements.

4. A demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited.

Studley is the only source that can feasibly complete this project because: (1) Studley is in the midst of negotiations with the landlords and changing brokers in the middle of such negotiations would seriously delay and impair the effectiveness of CFTC's representation in these negotiations; and (2) Studley is performing on-going project management and A&E work for this project and changing vendors in the midst of the project would seriously delay the project, increase costs as a result of new personnel coming up to speed on the project, and would likely result in defects in the work due to loss of experienced personnel who have an understanding of the project from its inception.

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

For the reasons stated under Item 4, above, it is not practicable to solicit other sources for this project. However, CFTC is in the process of issuing a solicitation for full and open competition for a new contract for real estate brokerage services to replace the Studley contract. A notice of the sole source extension of the Studley contract will be posted on Fedbizopps in accordance with FAR 6.302-1 (d) (2).

6. A determination by the contracting officer that the anticipated cost to the Government wil be fair and reasonable.

All work by Studley will be performed under the terms and conditions of the existing contract. Task orders are negotiated with the Government and pricing is determined to be fair and reasonable by the Contracting Officer as task orders are awarded by CFTC.

Accordingly, the undersigned Contracting ,Officer hereby determines that the anticipated cost will be fair and reasonable.

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

Market research has been and continues to be conducted in connection with the recompetition of the Studley contract. No market research has been specifically conducted in connection with the sole source extension of the Studley contract for the reasons set forth in Item 4, above.

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

(i) 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.

Not applicable.

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(ii) 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.

Not applicable

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

Not applicable

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

None

10. 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 is not expected that the circumstances that gave rise to this action will recur in the future. However, CFTC will maximize competition where ever possible.

11. Contacting officer certification that the justification is accurate and complete to the best of the contracting officer's knowledge.

This justification is accurate and complete to the best of the undersigned contracting officer's knowled e.

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