LVT04586_Justification_for_Other_Than_Full_and_Open_Competition_(JOFOC)_or_SLAT-level_Memo_to_File_and_Supporting_Documentation__7_31_2023 (2)_Redacted.pdf

Justification for Other Than Full and Open

Competition, Succeeding Lease U.S. General Services Administration

GSA Region 1

1PRL Leasing Division

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

PROJECT NUMBER: 3VT0068

Agency Name: U.S. CITIZENSHIP & IMMIGRATION SERVICES (CIS)

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

The General Services Administration currently leases 25,475 ABOA/26,609 rentable square feet (RSF) of office space at 65 Bowdoin St, South Burlington, VT under lease number GS-01-LVT04586 for the U.S.

Citizenship & Immigration Services (CIS). The current lease expires 07/14/2024. Approval is requested to negotiate a lease renewal with the incumbent Lessor without full and open competition for continued occupancy at this leased location. The procedures for pursuing lease renewal are detailed in GSAR 570.401: Renewal Unevaluated Options.

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

(INCLUDING ESTIMATED VALUE).

CIS submitted a continuing need letter on 4/14/2023 for 26,609 rentable square feet of office and related space. To satisfy the CIS mission requirements, the facility must be within a walkable distance of the office. 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 agency requirements. This statutory authority is implemented through GSAR 570.401. In accordance with GSAR 570.401, Renewal options, (a) Exercise of options. Before exercising an option to renew, follow the procedures in 517.207 Exercise of options. The contract must first provide the right to renew the lease. If a renewal option was not evaluated as part of the lease at award, then the addition of a renewal option during the lease term must satisfy the requirements of GSAM 506 regarding full and open competition. (b) Market information review. Before exercising an option to renew a lease, review current market information to determine that the rental rate in the option is fair and reasonable.

4. DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR

NATURE OF THE ACQUISITION REQUIRES THE USE OF THE AUTHORITY CITED.

It is in the best interest of the Government to remain at the current location. Award to other than the current Lessor would require relocation of the entire requirement and would cause CIS to incur move and replication costs that would not be recovered through competition. Relocation costs are estimated to be $ Additionally, this allows the Government to make use of existing tenant improvements, avoiding replication costs of $ A cost-benefit analysis was completed following the procedures set forth in GSAR 570.402-6. The cost of relocating CIS using the low-cost quote exceeds the cost of remaining 65 Bowdoin St, South Burlington, VT. The total savings to the Government is

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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 GSA Leasing Specialist placed an advertisement on the Contracting Opportunities domain of SAM.gov on 5/11/2023 for 15 days. In addition, Public Buildings Service (PBS) conducted market research using CoStar, and LoopNet.

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

GOVERNMENT WILL BE FAIR AND REASONABLE.

Recent market research conducted by PBS in South Burlington, VT showed the rental rate within the delineated area ranges from $25.00 (shell rate) per RSF to $30.00 (shell rate) per RSF (incumbent). This research was conducted via LoopNet and Costar.

Therefore, the proposed rental rates for this renewal of $30.00 (shell rate) per 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.

GSAR 570.402-5 allows for negotiation with the incumbent Lessor when a cost-benefit analysis shows that the Government cannot expect to recover relocation and duplication costs through competition.

On 5/10/2023, PBS conducted market research using CoStar and LoopNet and identified 4 potentially acceptable locations (3 plus the incumbent) that might meet the agency’s needs within the delineated area. 862 IBM Rd, Williston, VT; 261 Mountain View Dr, Colchester, VT; 129 S Winooski Ave, Burlington, VT, and 20 Winooski Falls Way, Winooski, VT can provide contiguous Class A office and related space.

In addition, PBS posted an advertisement conforming to GSAR 570.402-2 on the Contract Opportunities domain of SAM.gov website on 5/11/2023. The incumbent Lessor’s expression of interest indicated that the rate would be $ (shell rate) per RSF. No other parties provided an expression of interest.

See Figure 1 below for the results of the market research and SAM.gov advertisement, including the incumbent.

Address Source [EOI/CoStar, etc.] Asking Full Service Rental Rate (warm lit shell)

65 Bowdoin St (incumbent) EOI $ (Shell= $ Operating

862 IBM Rd, Williston, VT Loopnet $ ($ Operating =$

261 Mountain View Dr, Colchester, VT Loopnet $ ($ Operating =$

20 Winooski Falls Way, Winooski, VT Loopnet $ ($ Operating =$

Figure 1: Market Research Comparables

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

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There are currently no issues at 65 Bowdoin Street (incumbent) as stated by Building Manager, Matthew Moody via email dated 5/10/2023. Cost incurred by the Government would be duplicated and not recovered if an alternate leased location were available to satisfy CIS’s requirements.

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

ACQUISITION.

No other parties were interested other than the incumbent.

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 agency has 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 agency’s mission 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 lease renewal of 26,609 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_____________________ Bridget Ginty, 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______________________ Jason Perez, Leasing Specialist

13. LEGAL REVIEW

Date______________________ Eric Weber, Assistant Regional Counsel

14. LEASING DIVISION REVIEW

Danielle Piantedosi, Deputy Director of Leasing

Vicki Kwiatek, Director of Leasing

15. COMPETITION ADVOCATE REVIEW

Mathew Bailey, Deputy Regional Commissioner

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