JOTFOC - Succeeding Lease Indy Domiciliary Redacted.pdf
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- Attached to
- X1DZ--Indy Domiciliary Succeeding Lease
- Solicitation number
- 36C25025R0080
About this file
This is a Justification for Other Than Full and Open Competition document for a federal real estate lease acquisition. The U.S. Department of Veterans Affairs (VA), through the Regional Procurement Office Central (RPOC) and Network Contracting Office 10 (NCO 10), is seeking to negotiate a succeeding lease with the incumbent lessor, Burns Development Inc., for domiciliary space at 9045 E 59th Street, Indianapolis, Indiana. The facility currently occupies 37,500 assignable square feet (ASBOА) / 46,200 rentable square feet (RSF) under existing lease VA251-15-L-0189, expiring November 30, 2026. The proposed succeeding lease will be for a fifteen-year term commencing December 1, 2026, with the requirement to remain within a walkable distance of Indianapolis public transportation routes as defined by specific geographical boundaries.
The justification supports sole-source procurement authority under 41 U.S.C. 3304(a)(1) and GSAR 570.402, citing no potential acceptable alternative locations identified through presolicitation notice posted on SAM.gov on October 23, 2024, and market research using CoStar and LoopNet. The anticipated first-year rental rate, consisting of shell rent plus operating costs, falls within the documented market research range of $17.00 to $25.00 per RSF (net of taxes, insurance, and utilities), adjusted to $44.81–$52.81 per RSF for utilities, and is deemed fair and reasonable. Market research identified three alternative properties outside the delineated area, all marked as outside the required zone. Only the incumbent lessor responded to the sources sought notice. The justification was approved by the VA Lease Contracting Officer, VA HCA for Leasing Review and Approval, and the Associate Executive Director of the Office of Real Property.
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| File | Type | Posted |
|---|---|---|
| 36C25026L0004_1.docx | DOCX document |
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Justification for Other Than Full and Open Competition, Indianapolis, IN Domiciliary Succeeding Lease
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 570.402-1(b)(1) and (2), use of the sole source authority is appropriate where the lease contracting officer does not identify any potential acceptable locations through advertisement and market research, or when potential acceptable locations have been identified, but a cost benefit analysis indicates that award to an offeror other than the present lessor would result in substantial relocation costs or 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.
The VHA Lease Contracting Officer did not identify any potential acceptable locations through the advertisement or survey of the market. Section 5 and 7 of this justification describes efforts to locate alternative sources. Therefore, in accordance with GSAR 570.402-4: No Potential Acceptable Locations, a cost benefit analysis is not required.
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, the VA Lease Contracting Officer placed a Presolicitation notice on the Contracting Opportunities domain of SAM.gov on October 23, 2024, for fifteen (15) days. No parties expressed interest or responded to the Presolicitation effort. In addition, market research was conducted using the CoStar and LoopNet websites for potential solutions for the requirement.
6. DEMONSTRATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE
GOVERNMENT WILL BE FAIR AND REASONABLE.
Market research, conducted 04/28/2025, by the Lease Contracting Officer, demonstrated rental rates net of taxes, insurance, and utilities (NNN) for the succeeding lease within the Indianapolis, IN market ranges from $17.00 to $25.00 per RSF ($44.81 – $52.81 per RSF when adjusted for utilities). The anticipated first year rental rate for this succeeding lease, consisting of a Shell Rent of NNN per RSF, plus first year Operating Rent of per RSF for a FSR of per RSF falls within the market research range as adjusted for utilities, and is determined fair and reasonable by the Lease Contracting Officer.
The proposed shell rental rate, as extended, is less than $1M in un-serviced annual rent.
7. DESCRIPTION OF MARKET RESEARCH CONDUCTED AND THE RESULTS.
Tactical Market research was conducted using LoopNet and CoStar to assist in identifying potential acceptable locations, other than the current location. No other acceptable locations were available within delineated area or surrounding city based on LoopNet and CoStar searches.
In addition, NCO 10 Contracting Office posted an advertisement (sources sought notice) conforming to GSAR 570.402-2 on the Contract Opportunities domain of SAM.gov website on 11/04/2024. The incumbent Lessor’s expression of interest in response to the Contract Opportunities Notice indicated a rate of net of operating costs per RSF ( fully serviced). No other party provided an expression of interest. See Table below for the results of the SAM.gov advertisement and CoStar market research.
Justification for Other Than Full and Open Competition, Indianapolis, IN Domiciliary Succeeding Lease
8. OTHER FACTS SUPPORTING USE OF OTHER THAN FULL AND OPEN COMPETITION.
Remaining at the current location under the proposed succeeding lease would allow the local VA Medical Center (VAMC) to continue operations without disruption. The incumbent Lessor has a strong past performance record with VHA. The Lessor has successfully performed all obligations to present under the expiring lease and the VHA Client Agency is satisfied with the current location’s building condition.
9. LIST OF SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN THE
ACQUISITION.
Incumbent
And no others
Address Source [EOI/CoStar, etc.] Asking Full-Service Rental Rate
Burns Development Inc.
9152 Kent Ave A150 Indianapolis, IN 46216 e-mail correspondence in response to SAM Contract Opportunities
(NNN)
OpCost Fully Serviced Rent (FSR))
No Others In response to SAM Contract Opportunities
Georgetown Medical Plaza 4880 Century Plaza Road Indianapolis, IN 46254
CoStar $20-$25/RSF NNN $27.81 OpCost
$47.81 - $52.81 FSR
College Park 14 3535 W. 86th Street Indianapolis, IN 46268
CoStar $17 - $20/RSF NNN $27.81 OpCost
$44.81 - $47.81 FSR
Castleton Commons 8310-8410Castleton Corner Dr Indianapolis, IN 46250
CoStar $17 - $21/RSF NNN $27.81 OpCost
$44.81 - $48.81 FSR
Figure 1: Market Research Comparables
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