JOFOC - 0WV2062_Redacted.pdf

Memo to File (Below SLAT)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

U.S. General Services Administration

LEASE NUMBER: GS-03B-08349

PROJECT NUMBER: 0WV2062

Agency Name:

1. IDENTIFICATION AND DESCRIPTION OF ACTION BEING APPROVED.

currently occupies 2,469 ABOA SF of space at the Atrium Building, 405 Capitol St, Charleston, WV, under lease number LWV08349. This lease also houses 977 ABOA SF of space for the . This lease is due to expire April 25, 2020. was the subject of a AAAP new/replacing lease procurement, for which the incumbent was the winner. The new lease will take effect April 26, 2020. ICE was also the subject of a AAAP lease procurement, for which a competitor was selected as the winner. will eventually move to its new location. However, the space must undergo a full design and construction process.

As a result of the above lease and new lease build-out, LWV08349 must be subject to a combined lease extension and reduction (to account for the loss of space). A proposed three year extension is deemed sufficient for s design and construction period. Approval is requested to extend without full and open competition for continued occupancy at this leased location.

2. DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED.

GSA, as noted above, currently houses its office in lease space under lease number GS-03B-08349. The current lease is under an extension until April 25, 2020.

In light of the above, a new/replacing lease action is not advisable. Instead, a three (3) year lease extension is being sought in order to preserve the leasehold interest long enough for to complete design and construction of its newly awarded space.

The annual rent for the extension is $49,602.33, for an aggregate contract value of $148,806.99.

3. IDENTIFICATION OF STATUTORY AUTHORITY.

41 U.S.C. 3304(a)(1). Only one responsible source and no other supplies or services will satisfy agency requirements.

4. DEMONSTRATION THAT THE ACQUISITION REQUIRES THE USE OF THE

AUTHORITY CITED.

In accordance with 41 USC 253(c)(1), when the supplies or services required by the agency are available from only one responsible source, or from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided to meet the agency’s needs.

The proposed action is an extension of the current lease for a period of three years. In this case, it would be economically infeasible to relocate the tenant agency, , for such a short period of time. The purpose of the extension is to provide an adequate amount of time to design and construction of an awarded new/replacing lease.

By pursuing a three year extension at the present location, the disruption to s daily activities will be minimized. Additionally, is satisfied with the lessor’s performance.

Therefore, as there is no other source who can meet the client’s requirements, a three year extension is the optimum solution and in the best interest of the Government based upon the above information and market survey results listed below.

5. DESCRIPTION OF EFFORTS TO SOLICIT AS MANY OFFERS AS

PRACTICAL.

In accordance with GSAM 505.202(b), advertisement for this extension is not required, as it is an excepted lease action.

6. DEMONSTRATION THAT THE ANTICIPATED COST WILL BE FAIR AND

REASONABLE.

The current rental rate for this lease is $17.47/RSF, comprised of a shell rate of $11.00/RSF and an operating rate of $5.08/RSF. It is anticipated that the Lessor would accept a lease extension at the current rate, terms and conditions.

data does not exist for this delineated area. However, data for the Charleston area show fully serviced rates ranging from $17.04 – $18.23/RSF, exclusive of TI. Based on this data, the current fully serviced rate for the existing building of $17.47/RSF, exclusive of TI, is well within the market range.

Based on the above, the anticipated fully serviced rental rate of $17.47/RSF is determined to be fair and reasonable.

7. DESCRIPTION OF ONLINE MARKET SURVEY CONDUCTED.

A market survey was conducted for this extension using . Several properties within the delineated area were evaluated as potential alternatives. The shell rates for

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Trevor Reynolds Otto - March 30, 2020

Leasie Contracting Officer - 3PRSC

Signed by: TREVOR OTTO these properties ranged from $17.04 – $18.23/RSF. However, in considering the period of the extension, imminent expiration of the current lease, and requirements of the tenant agency, the costs of moving to an alternative site far outweighed the benefits of staying in place.

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

COMPETITION.

The existing Lessor’s performance under the current lease meets the Government’s expectations. By remaining in the current location, will realize cost savings and avoid disruptions as it proceeds with its awarded new/replacing lease.

9. LIST OF SOURCES THAT EXPRESSED INTEREST IN THE ACQUSITION.

No other source has expressed in writing an interest in the acquisition.

10. STATEMENT OF ACTIONS TO OVERCOME BARRIERS TO COMPETITION.

The three (3) year lease extension provides the necessary time to adequately design and build s awarded new/replacing lease.

Prepared and Approved by: