Justification DSLCA 20230828.pdf

U.S. General Services Administration

Rocky Mountain Region

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304(a)(1)

Date: August 2 , 2023

I. AGENCY IDENTIFICATION:

General Services Administration (GSA)

Rocky Mountain Region/Mountain Plains Service Center (8PSMP)

Denver Federal Center, Bldg. 41, Rm. 288

P. O. Box 25546

Denver, CO 80225-0546

II. NATURE/DESCRIPTION OF ACTION BEING APPROVED:

The General Services Administration (GSA), Public Buildings Service (PBS), Region 8 (hereinafter also referred to as “Region 8”), proposes to contract the requirements described herein by means of other than full and open competition. Contracting by such means is authorized by FAR subpart

6.3 and is supported by this justification prepared in accordance with FAR subpart 6.303.

III. DESCRIPTION OF SUPPLIES/SERVICES REQUIRED TO MEET AGENCY REQUIREMENTS:

Region 8 is seeking professional services from the Downtown Salt Lake City Alliance (DSLCA) for the general management, implementation, and execution of the activities, events, or programs for public spaces (e.g., streets, sidewalks, etc.) proximate to, and plazas located on and around, the following Federal properties located in the Salt Lake City Central Business District—

Wallace F. Bennett Federal Building, 125 S. State Street, Salt Lake City, UT 84318

Frank E. Moss U.S. Courthouse, 350 Main Street, Salt Lake City, UT 84101; and

Orrin G. Hatch U.S. Courthouse, 351 South West Temple, Salt Lake City, UT 84101.

The Contractor shall provide, manage, supervise, plan, coordinate, execute, and implement the following at the Federal properties—

1. all holiday lighting and seasonal banners;

2. public safety resources and informational services; and,

3. in coordination with GSA, event and program activation.

The Contractor shall—

1. be responsible for the management, execution, and implementation of any services, activities, events, or programs that incorporate the activation of the plazas and space around the Federal properties;

2. make recommendations and implement activities and events for the plaza that are aligned with other strategic priorities in the Salt Lake City Central Business District;

3. identify opportunities to activate public spaces at the Federal properties;

4. serve as a liaison to connect GSA with other stakeholders in the Salt Lake City Business

District and community;

5. determine and coordinate appropriate vendors for the plaza;

6. ensure proper permitting for all events, activities, and vendors;

7. coordinate event security with GSA;

8. ensure the proper cleaning and maintenance during and after any event or activity;

9. ensure that all vendors maintain proper cleaning and maintenance;

10. manage, coordinate, and implement seasonal banners and holiday lighting;

11. identify and engage outside groups, organizations or individuals for participation; and

12. provide public safety and informational services including periodic sweeps of the plazas and escort services.

IV. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION:

It is proposed to negotiate and award this acquisition under the authority of 41 U.S.C.

3304(a)(1), as implemented by FAR 6.302-1, "Only one responsible source and no other supplies or services will satisfy agency requirements."

V. PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS/NATURE OF ACQUISITION:

The federally owned buildings in Salt Lake City require a combination of services that are only provided by the DSLCA. Currently the DSLCA provides services, such as those mentioned in

Section III, to other business owners within the district it serves. The DSLCA is allocated funds through a special assessment on commercial properties in the district to promote economic activity and other initiatives in the Salt Lake City Business District. The DSLCA has authority to advocate for these issues by virtue of its designation as a 501(c)(6) non-profit entity.

The DSLCA is partnered with the Salt Lake City Chamber through a contractual arrangement with the Salt Lake City Corporation. As the current holder of the contract, the DSLCA is the only source able to cohesively and seamlessly provide these services to the plazas and spaces of the federally owned buildings.

VI. EFFORTS TO OBTAIN OFFERS FROM AS MANY SOURCES AS PRACTICABLE:

The Government does not know of any other sources partnered with the Salt Lake City

Chamber that could provide the requested services. A reasonable effort to obtain offers from other sources was made through synopsis of the requirement on the GPE. All market research indicates that the DSLCA is the sole entity able to fulfill the requested services.

FAR 5.201(b) requires the contract action to be transmitted to the Governmentwide point of entry

(GPE) since the estimated base and four option periods exceeds the threshold of $25,000 established by FAR 5.101(a)(1). On June 20, 2023, the Government posted a notice on the

Contract Opportunities domain through the System of Award Management under notice identification no. EQ8PTCA-23-LSC for the proposed sole source action. All responsible sources were invited to submit a written notification of interest and capability statement no later than July

14, 2023, by 11:59 p.m. Mountain Time. No responses were received from interested vendors.

VII. DETERMINATION OF FAIR AND REASONABLE PRICING

It is determined that the estimated price for the services of $73,850.00 will be both fair and reasonable based upon:

1. the proposed and accepted scope of work and estimated hours to perform the services;

2. the professional opinion experience of the Government project team, and knowledge of the level of effort required for this particular services for the federally owned plazas;

3. projections for increased costs due to inflation; and

4. previous knowledge of the associated costs and level of effort to perform these services on a contract awarded on 09/21/2018 to the DSLCA for a one-year base with four, one-year options.

VIII. MARKET RESEARCH:

See Paragraph VI above. Market research supports that the DSLCA is uniquely positioned to provide the services required by the Good Neighbor Program (see Section IX).

The 2017 Downtown Rising Action Plan was reviewed as part of efforts to perform market research. In general, the action plan is the framework to encourage growth and investment in

Salt Lake City’s urban center. The Downtown Alliance is an integral part in the implementation of the action plan. Accordingly, it is in the Government’s best interest to contract through the

DSLCA to coordinate and manage activities and events that align with GSA’s Urban

Development/Good Neighbor Program to—

1. encourage cultural, educational, and recreational interests of the Utah Central Business

District and public use of Federal space; and

2. promote economic activity and local community development goals.

IX. OTHER FACTORS SUPPORTING THE USE OF THE CITED AUTHORITY:

Urban Development/Good Neighbor Program: The Downtown Salt Lake City Alliance (also referred to as DSLCA) is the only responsible entity capable of providing the services to support the goals and objectives of GSA’s Urban Development/Good Neighbor Program. DSLCA partners with the Salt Lake City Chamber to coordinate events, activities, community, economic activity, and cultural development in the Central Business District. These events, activities, and other initiatives are typically funded through a special assessment on commercial properties in the Central Business District as well as sponsorships, donations, attendance fees, and partnerships with other organizations. GSA contracts directly with organizations to manage and coordinate events in Federal space because a special assessment cannot be assessed on the

Federal Government. GSA’s authority to contract for such events is through the Public Buildings

Cooperative Use Act of 1976. In general, the Act gives the administrator authority to:

i) encourage activities within public buildings; ii) encourage public access around, into, and through public buildings; iii) permit cooperative improvements to and uses of the area between the building and street so as to complement and supplement the commercial, cultural, educational, and recreational resources in the neighborhood of public buildings;

and encourage the public use of public buildings for cultural, educational, and recreational activities.

Authority for the Good Neighbor Program also derives from various legal mandates, such as federal laws and executive orders. A list of the policy guides and other references may be found at GSA’s webpage overview of the Urban Development/Good Neighbor Program at https://www.gsa.gov/real-estate/design-and-construction/urban-development-good-neighbor-program/good-neighbor-resources.

DSLCA Strategic Partnership: DSLCA is a 501(c)(6) nonprofit organization and became a strategic partner of the Salt Lake City Chamber in 2003. The DSLCA is uniquely positioned in a strategic partnership with the Salt Lake City Chamber to manage and coordinate events in the

Central Business District. The Wallace F. Bennett Federal Building, Frank E. Moss Courthouse, and U.S. District Courthouse all fall within the Utah Central Business District.

X. LISTING OF SOURCES EXPRESSING AN INTEREST IN THE ACQUISITION:

No other than the firms listed in Paragraph VI above.

XI. EFFORTS TO OVERCOME BARRIERS TO COMPETITION:

None. The DSLCA is the only source to provide these services to downtown businesses. The

DSLCA represents the more than 2,500 businesses and property owners in the Utah Central

Business District. The DSLCA is also a strategic partner of the Salt Lake City Chamber. Thus, DSLCA is uniquely positioned to provide these services as the sole entity to represent the businesses and coordinate events in partnership with the Salt Lake City Chamber.

XI. PUBLICIZING NOTICE OF SOLE SOURCE CONTRACTING ACTION:

This notice fulfills the posting requirement of FAR 6.305 to make the justification publicly available. This justification shall remain posted for a period of at least 30 days.

XIII. APPROVALS:

I certify that the information contained in and attached to this justification is accurate and complete to the best of my knowledge and belief.

Leah Spilling

Contracting Officer Representative Signature Date

Dylan White

Contracting Officer Signature Date

08/28/2023

August 28, 2023