JOFOC - Redacted.pdf

FEDERAL BUREU OF PRISONS

NATIONAL ACQUISITIONS SECTION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Pursuant to Federal Acquisition Regulation (FAR) Part 6.302-1(a)(2), and the Bureau of Prisons Acquisition Policy (BPAP) Part 6.304(b), the Federal Bureau of Prisons (BOP) has determined that the procurement for 901 D Street Parking Services meets the criteria established for other than full and open competition. It is further determined that only one responsible source is available. The following is supporting documentation in accordance with FAR Subpart 6.302-1 content.

1. Identification of the Agency and the Contracting activity:

U.S. Department of Justice, Federal Bureau of Prisons, Central Office, Administration Division, Acquisitions Branch, National Acquisitions Section.

Requiring Office: Administrative Division, Facilities Management Branch.

2. Nature and/or Description of Action being approved:

The BOP requires a firm-fixed price acquisition for parking services. The basic requirement for parking services will be to support staff and provide for self-parking at the Administration Division’s office location at 901 D. Street, SW, Washington, DC. The BOP has invested a substantial amount of funds to install a security enclosure at the entrance of the parking area and security cameras throughout the facility to monitor BOP vehicles stored on site.

It would not be cost effective for the BOP to discontinue parking garage services at this location.

3. Description of Supplies/Services required to meet the Agency’s Needs including the estimated value:

The Federal Bureau of Prisons has a requirement for parking services at the Administration Division’s office space located at 901 D Street SW, Washington, DC. The parking services will be made available to central office staff not currently enrolled in the transit subsidy program. Parking will also be made available to National Institute of Corrections staff and agency staff visiting from field locations. The 901 D Street location will provide the agency with 170 parking spots for approved staff. Staff will have access to these spots Monday through Friday. The lot will be open from 6:00 a.m. through 6:00 p.m. Staff will have access afterhours and on the weekends and holidays in the event staff are assigned to report for duty.

Parking will allow the agency to respond quickly to field emergencies and maintain operating efficiency.

The estimated cost for parking services includes a base period of 12 months with four (4) option periods and one (1) six-month optional extension is not expected to exceed .

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

Federal Acquisitions Regulation (FAR) 6.302-1(a)(2) and utilizing the justification approvals from the Bureau of Prisons Acquisition Policy (BPAP) Subpart 6.304(c), the Federal Bureau of Prisons has determined there is only one source reasonably available. The following is supporting documentation using the format at FAR 6.303-2 and in compliance with the authority of 41 U.S.C. 3304(a)(1).

06-23-0036, NAS, 901 D Street Parking,

5. Determination that proposed Contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

This justification is being submitted for approval in accordance with FAR 6.304(a)(2). The building which houses the Federal Bureau of Prisons’ Administration Division is a GSA leased or owned facility and the parking structure beneath the facility is the only commercially owned property in the immediate area that has been delegated as a commerce site by the Department of Homeland Security (DHS) to the Department of Commerce. This parking area is the only commercial parking that has undergone an adjacent structure Facility Security Assessment (FSA) to determine security measures needed to protect departmental personnel, property, and information in accordance with the Interagency Security Committee (ISC) Risk Management Process (RMP) standards. As such, Protective Security Officers (PSOs) have been assigned by DHS to provide security on site through an Interagency Agreement with the BOP and this parking area can fulfill the needs of the agency. All other parking in the immediate area is within government owned buildings and unavailable for use by the BOP, unable to accommodate 170 full-time parking spaces set-aside for the BOP or have not received an approved adjacent structure FSA with delegation from the DHS.

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

The Contracting Officer will publish the notice to award a sole source contract www.sam.gov, in accordance with FAR 5.203(a). The agency shall make publicly available the justification required by FAR 6.305 as required by 41 U.S.C. 3304(f).

The justification shall be made publicly available within 14 days after contract award.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable:

Market research has been conducted utilizing the existing parking contract and the Independent Government Estimate (IGE) by the Contracting Officer who has determined the price for these services to be fair and reasonable.

8. A description of the market research conducted:

Market Research revealed the Georgetown Group, dba 370 L’enfant Owner, LLC, as the owner of the only commercial parking garage, who can accommodate 170 spaces required by the agency. Market Research consisted of a Google Maps review of all parking garages within 160 meters of the front entrance of 901 D. Street, SW and from responses received from the Request for Information posted on www.sam.gov on April 24, 2023, which garnered one response from a vendor who was ineligible based on distance. In addition, Market Research conducted by the Program Office revealed two interested vendors, of which only one had the structure adjacent required approved FSA delegation from DHS.

9. Any other facts supporting the use of other than full and open competition:

In addition to the approved FSA delegation requirement from DHS, the BOP has invested significant funding to build a PSO guard shack to accommodate the requirements found in the MOU for the Federal Protective Service (FPS). The BOP has also installed video security cameras throughout the BOP set-aside section of the incumbent parking structure.

10. A listing of Sources, if any, that expressed, in writing, an interest in the acquisition:

370 L’enfant Owner LLC 500 Park Avenue, 10th Floor New York, NY 10022-1606

UEI: G978M7M4LZR4

11. A statement of actions, if any, that were taken to remove or overcome any barriers to competition:

In this instance, there is only one source capable of providing the parking services at 901 D St. SW.

National Acquisitions will continue to monitor the market trends in the industry to seek competition or sources that may be able to meet the minimum needs of the BOP. Should competitive opportunities arise in the future, National Acquisitions will take appropriate action to procure those services in a competitive manner.

12. Technical and Requirements Certification: I hereby certify that the supporting data under my cognizance which are included in this justification for approval is accurate and complete to the best of my knowledge and belief.

Earl Cash, Chief Date Facilities Building Management

13. Contracting Officer’s Certification: I hereby certify this justification is made in good faith and the supporting data and information are accurate and complete to the best of my knowledge and belief.

Paul Brown, Sr. Contracting Officer Date National Acquisitions Office

Concurrence of:

Pattie Williams, Section Chief Date National Acquisition Office

Robert Bland, Chief Date Acquisitions Branch

Approved:

Randall C. Burleson, CPCM Date Acting Assistant Director/Procurement Executive for Administration/Competition Advocate

Earl Cash Digitally signed by Earl Cash Date: 2023.06.22 06:25:42 -04'00'

Digitally signed by PAUL BROWN Date: 2023.06.22 09:46:00 -04'00'

PATTIE

WILLIAMS

Digitally signed by

PATTIE WILLIAMS

Date: 2023.06.27 11:06:23 -04'00'

ROBERT

BLAND

Digitally signed by ROBERT

BLAND

Date: 2023.06.27 12:34:16 -04'00'

06-23-0036, NAS, 901 D Street Parking, $2,569,002.55

RANDALL

BURLESON

Digitally signed by RANDALL

BURLESON

Date: 2023.07.19 12:18:20 -04'00'