FINAL REDACTED LWV09349 FPS JOFOC.pdf

Revised 10-23-2023

Justification for Other Than Full and Open Competition, Succeeding Lease

U.S. General Services Administration

GSA Region 3

Real Estate Acquisition Division

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

PROJECT NUMBER: 1WV2087

Agency Name: Federal Protective Service (FPS)

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

The General Services Administration currently leases 1,250 ABOA/1,438 rentable square feet (RSF) of office space and 3 secured parking spaces at North Mall Plaza - E Building, 796 N. Foxcroft Avenue Suite 202, Martinsburg, West Virginia 2540 under lease number GS-03B-09349 for the Federal Protective Service. The current lease expires 03/17/2025. Approval is requested to negotiate a 5-year renewal option (soft term) with the incumbent Lessor without full and open competition for continued occupancy at this leased location. The procedures for pursuing a renewal option are detailed in GSAR 570.401:

Renewal.

2. DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS

(INCLUDING ESTIMATED VALUE).

Federal Protective Service signed CPA part 2 on 08/02/2022 for 1,438 rentable square feet of office and related space.

This requirement is for 1,250 ABOA/ 1,438 RSF of space for a 5-year term to commence on 03/18/2025.

The estimated cost of this lease is $25.96 per rentable square feet per year for an annual cost of $37,329.79 and a total contract value $86,280. The delineated area is the city limits of Martinsburg. There is no vacant Federal Space available.

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. This statutory authority is implemented through GSAR 570.402. In accordance with GSAR 570.402, use of the sole source authority is appropriate where it is determined that award to any other offeror would result in substantial duplication of costs to the Government that are not expected to be recovered through competition.

4. DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR

NATURE OF THE ACQUISITION REQUIRES THE USE OF THE AUTHORITY CITED. CBA

It is in the best interest of the Government to remain at the current location. Award to other than the current Lessor would require relocation of the entire requirement and would cause Federal Protective Service to incur move and replication costs that would not be recovered through competition.

. A cost-benefit analysis was completed following the procedures set forth in GSAR 570.402-6. The cost of relocating Federal Protective Service

Docusign Envelope ID: E323B557-B0CC-41A6-80D7-7A8B9FE9A772

Figure 1: Market Research Comparables

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

The FY 19 TSS, notes a 50% satisfactory score overall for the building. The Facility Manager Feedback did not identify any outstanding issues and overall satisfaction with the Lessor.

9. LIST OF SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN THE

ACQUISITION.

10. STATEMENT OF ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR OVERCOME

ANY BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION.

There are no systemic barriers to competition. If the agency has a continuing need for space upon lease expiration, GSA will follow all authorities, regulations and policies applicable to lease acquisition. Should there be remaining useful life in the Government’s tenant improvements, the Government will consider the cost of moving from the existing location, and the cost to build out new space when deciding whether to undergo a competitive action.

Additionally, objective scrutiny will be given to the customer agency’s mission and security requirements (if applicable) to eliminate unnecessary agency space requirements that may be deemed unduly restrictive.

11. 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 succeeding lease of 1,438 RSF 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_____________________ Elizabeth McCullough, Lease Contracting Officer

12. 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______________________ Thursday, Leasing Specialist

See GSAM 506.304(d) and (e) for appropriate signature threshold levels.

If Senior Procurement Executive (SPE) approval is required, must include signatures from Regional Contracting [Leasing] Director, Regional Counsel, and Head of Contracting Activity (HCA). Use of a separate signature page is required.

Docusign Envelope ID: E323B557-B0CC-41A6-80D7-7A8B9FE9A772

10/23/2024

10/23/2024

Note that the threshold for SPE approval is based on aggregate contract value;

therefore, it is possible that SPE approval may be required for actions below the prospectus threshold.

Docusign Envelope ID: E323B557-B0CC-41A6-80D7-7A8B9FE9A772

Certificate Of Completion Envelope Id: E323B557B0CC41A680D77A8B9FE9A772 Status: Completed

Subject: Complete with Docusign: 1WV2087 FPS Martinsburg JOFOC 10-23-2024.docx

Source Envelope:

Document Pages: 4 Signatures: 2 Envelope Originator:

Certificate Pages: 2 Initials: 0 Thursday Currence

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Washington DC, DC 20405 thursday.currence@gsa.gov

IP Address: 75.131.0.215

Record Tracking Status: Original

10/23/2024 3:51:53 PM

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Elizabeth McCullough elizabeth.mccullough@gsa.gov

Charleston Team Supervisor

US General Services Administration

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Sent: 10/23/2024 3:54:13 PM

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