JOFOC (3-15-24)_Redacted.pdf

Revised 10-23-2023

Justification for Other Than Full and Open

Competition, Succeeding Lease

U.S. General Services Administration

GSA Region 10

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

PROJECT NUMBER: 2WA0649

Agency(ies) Name(s): US Citizenship and Immigration Services (CIS) and US Immigration and Customs Enforcement (ICE)

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

The General Services Administration (GSA) currently leases 114,829 ABOA / 130,466 rentable square feet (RSF) of office space at 12500 Tukwila International Blvd, Tukwila, WA 98168, under two leases: 1) LWA06463 for CIS, ICE and Customs and Border Protection (CBP); and 2) LWA00290 for CIS. The current coterminous leases expire on October 10, 2024. When LWA06463 expires on October 10, 2024, CBP will vacate its unmarketable space at the incumbent location, and the incumbent Lessor offered to take back CBP’s unmarketable space. Approval is requested to negotiate a succeeding lease for approximately 112,561 ABOA / 127,890 RSF for CIS and ICE with the incumbent Lessor without full and open competition for continued occupancy at this leased location. The procedures for pursuing a succeeding lease are detailed in GSAR 570.402: Succeeding Leases.

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

(INCLUDING ESTIMATED VALUE).

CIS signed the GSA Client Project Agreement (CPA) on June 20, 2023 for approximately 68,012 RSF, and ICE signed the GSA CPA on November 30, 2023 for approximately 55,113 RSF. On January 16, 2024, GSA Client Planning Manager J. Shepherd informed both CIS and ICE that each of their footprint will nominally increase to account for common areas/joint use spaces that were not accounted for in their respective CPAs. To satisfy the CIS’ and ICE’s mission requirements, the Agencies must stay in their current location, needing a combined total of approximately 127,890 RSF of office and related space.

Notably, security equipment is already in place at the current location, move and replication costs for CIS and ICE would be needed to relocate, and only the incumbent Lessor responded to GSA’s advertisement. Therefore, a succeeding lease is warranted because it is in the best interest of the Government.

. 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 agencies’ 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.

Sole source procurement is appropriate because no practicable alternatives were identified. Specifically, on January 31, 2024, Asset Manager J. Mayo confirmed that there is no available leased space in Tukwila, WA at 127,000 RSF per the CoStar report they pulled on January 31, 2024. Sole source procurement where no practicable alternatives were found are set forth in GSAR 570.402-4. Moreover, security equipment is already in place at the current location.

5. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED FROM AS

MANY POTENTIAL SOURCES AS IS PRACTICABLE.

Per the requirements of GSAR 570.402, on behalf of the GSA Lease Contracting Officer, GSA Broker Contractor J. Schippits placed an advertisement on the Contracting Opportunities domain of SAM.gov on September 22, 2023, for 7 days. In addition, Carpenter/Robbins Commercial Real Estate conducted market research using CoStar, LoopNet and outreach to brokers in the local Tukwila, WA market to identify potential relocation opportunities for CIS and ICE.

6. DEMONSTRATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE

GOVERNMENT WILL BE FAIR AND REASONABLE.

A Bullseye Market Report, dated January 30, 2024, noted a Bullseye average fully serviced rate of per RSF. Additionally, recent market surveys conducted by Carpenter/Robbins Commercial Real Estate in Tukwila, WA showed the rental rate within the delineated area ranges from per RSF.

Market research was conducted using CoStar, LoopNet and local broker outreach.

Therefore, the proposed rental rates for this succeeding lease of /RSF and /RSF, are within the current market range for this submarket and are deemed fair and reasonable by the GSA Lease Contracting Officer.

7. DESCRIPTION OF MARKET RESEARCH CONDUCTED AND THE RESULTS.

No practicable alternatives were identified. Specifically, on January 31, 2024, Asset Manager J. Mayo confirmed that there is no available leased space in Tukwila, WA at 127,000 RSF per the CoStar report they pulled on January 31, 2024. Sole source procurement where no practicable alternatives were found are set forth in GSAR 570.402-4. Moreover, security equipment is already in place at the current location.

In October 2023, Carpenter/Robbins Commercial Real Estate conducted market research using CoStar, LoopNet and local broker outreach, and did not identify any potentially acceptable locations that could meet the agencies’ needs. The incumbent Lessor was identified as being able to meet the agencies’ needs within the delineated area. In addition, PBS posted an advertisement conforming to GSAR 570.402-2 on the Contract Opportunities domain of SAM.gov website on September 22, 2023. The incumbent Lessor’s expression of interest indicated that the fully serviced rate would be per RSF for years 1 – 5, and per RSF for years 6 – 10.

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

In addition to CIS’ and ICE’s requirement to remain in the current location, the incumbent Lessor’s performance has exceeded expectations during the initial lease term. The property is well maintained, tenant repair and maintenance are responded to quickly, and the incumbent Lessor is willing make special accommodations for CIS and ICE to make sure their space needs are met. Further, when LWA06463 expires on October 10, 2024, CBP will vacate its unmarketable space at the incumbent location, and the incumbent Lessor offered to take back CBP’s unmarketable space. There are no concerns entering into a new lease with the incumbent Lessor.

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

ACQUISITION.

None, except incumbent Lessor.

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 agencies have 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 agencies’ missions 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 approximately 127,890 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_____________________ Yen Banh 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____________________ Jessica Schippits GSA Broker Contractor

_____ ________________________________ Date_____________________ Yen Banh Lease Contracting Officer

13. REQUIRED CONCURRENCES AND APPROVAL.

CONCURRED BY:

______ ________________________ Date_____________________ Ryan Reynolds Supervisory Lease Contracting Officer

_______ _______________________________ Date_____________________ Eric Shreves Lease Acquisition Branch Chief

_______ ____________________________ Date_____________________ Lindsey Snow Director, Leasing Division

APPROVED BY:

________ _____________________________ Date_____________________ Lisa K. Pearson PBS Regional Commissioner, R10

REVIEWED BY:

_________ ______________________________ Date_____________________ R10 Legal