Justification for Exception to Fair Opportunity 8DC2757 - BETA SAM.pdf

U.S. GENERAL SERVICES ADMINISTRATION

GSA Leasing Support Services (GLS) Contract, Zone 4

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

1. DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY’S NEED:

The Department of Justice has a continued need for 251,795 rentable square feet in Washington, DC for expiring lease number LDC12562. The lease acquisition to fulfill this need was tasked to CBRE under GLS task order GS00P15BQD7008/47PA0518F0117 project number 7DC2476 on 02/28/18. Due to a delay in the schedule for the award of the current lease, the current lease term needs to be extended to allow time for the completion of the lease acquisition. To fulfill this need for an extended term, task order number 47PA0520F0411 to GLS Contract GS00P15BQD7008 for a Module 6 Planning Services- Lease Extension, will be issued to CBRE on 09/22/20 under project number 8DC2757.

2. IDENTIFICATION OF THE EXCEPTION TO FAIR OPPORTUNITY AND SUPPORTING RATIONALE:

FAR 16.505(b)(2)(i)(C) and GLS Contract Section F.3.(4) b., It is necessary to place an order to satisfy a minimum guarantee.

CBRE is the only contractor capable of providing the leasing support services required to extend the current lease number LDC12562 as CBRE is the only contractor that possesses the project information needed to acquire the lease extension as a result of their work under GLS task order GS00P15BQD7008/47PA0518F0117 project number 7DC2476. Due to CBRE’s continued work under the GLS task order, CBRE will continue to have access to specialized knowledge regarding the extension as a result of their work with the client agency. Any broker other than CBRE is not capable of providing the level of quality required to negotiate the requisite lease extension because CBRE is the contractor that possesses the knowledge unique to the ongoing new lease acquisition.

3. DETERMINATION THAT THE ANTICIPATED COST WILL BE FAIR AND REASONABLE:

The GLS IDIQ contracts were issued as a no cost contract. The standard commission rates included in the GLS IDIQ contracts were determined to be fair and reasonable by the NCO at the time of award issuance. The estimated commission to the broker for this task order has been found to be fair and reasonable by the ZCO.

4. OTHER FACTORS SUPPORTING THE JUSTIFICATION:

N/A

5. STATEMENT OF ACTIONS TO OVERCOME BARRIERS TO COMPETITION FOR ANY SUBSEQUENT

ACQUISITION FOR SUPPLIES OR SERVICES:

This task order is issued as highly specialized work relating to an existing task order. The original task order was procured using fair opportunity procedures found in GLS contract section F.3. The competition included all three NCR IDIQ contractors and offers from all of the four contractors were considered for award. It is anticipated that future orders not considered as highly specialized work will be conducted using fair opportunity procedures under the GLS contract.

6. CONTRACTING OFFICER’S CERTIFICATION:

By signature on this Justification for Exception to Fair Opportunity, the Contracting Officer certifies that the award of a task order to CBRE is in the Government’s best interest and is accurate and complete to the best of my knowledge and belief.

7. TECHNICAL REQUIREMENTS PERSONNEL 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.

8. DETERMINATION BY APPROVING OFFICIAL THAT CIRCUMSTANCE IN FAR 16.505 (b)(2)(i) APPLY:

By signature on this Justification for an Exception to Fair Opportunity, the Contracting Officer certifies that the award of this task order to CBRE for the National Institute of Health for 251,795 RSF is determined to be in the Government’s best interest in accordance with FAR 16.505(b)(2)(i)(c) and GLS Contract Section F.3.(4)(b) and is accurate and complete to the best of my knowledge and belief.

Approval:

Edgar Delgado Zonal Contracting Officer, Zone 4