Redacted JOFOC_(3FL0574)_(DEA).pdf

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Redacted JOTFOC
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3FL0574
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This document is a Justification for Other Than Full and Open Competition (JOFOC) for a 15-month lease extension. The General Services Administration (GSA) currently leases office space for the Drug Enforcement Administration (DEA) in Tampa, FL under lease number LFL46831, which is set to expire on June 30, 2024. GSA is requesting approval to negotiate a sole-source lease extension with the incumbent lessor to allow the DEA to continue occupying the current location.

The estimated value of the 15-month lease extension is $REDACTED per rentable square foot per year, for a total contract value of $REDACTED. GSA cites 41 U.S.C. 3304(a)(1) as the statutory authority for the sole-source justification, noting that the government encountered unexpected delays in awarding a replacement lease, and that transitioning to a new location would result in relocation costs that would not be recovered through competition. Market research showed the proposed rental rate is within the current market range. There are no systemic barriers to competition, and GSA will follow all applicable authorities and regulations for any future lease acquisitions.

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Docusign Envelope ID: 54A28474-B1FF-4AEF-900D-CFAE0AE3A00F

Revised Nov 2023

Justification for Other Than Full and Open

Competition, Extension U.S. General Services Administration

GSA Region 04 Leasing

Gulf Coast Branch

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

PROJECT NUMBER: 3FL0574

Agency Name: Drug Enforcement Administration

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

The General Services Administration currently leases 29,002.00 ABOA/30,649.00 rentable square feet (RSF) of office space at KENNEDY SQUARE, 4950 W KENNEDY BLVD, TAMPA, FL under lease number LFL46831 for the Drug Enforcement Administration. The current lease expired June 30, 2024.

Approval is requested to negotiate a lease extension with the incumbent Lessor without full and open competition for continued occupancy at this leased location. The procedures for pursuing a lease extension are detailed in GSAR 570.405: Lease extensions.

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

(INCLUDING ESTIMATED VALUE).

The government requires an extension of the current lease for 15 months to commence on July 1, 2024.

The estimated cost of this lease extension is $ REDACTED per rentable square feet per year for an annual cost of $ REDACTED and a total contract value of $ REDACTED.

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 570.405. In accordance with GSAR 570.405, use of the sole source authority is appropriate when the government experiences a delay in acquiring replacement space.

The agency occupying the leased space is scheduled to move into other Federally controlled space, but encounters unexpected delays in preparing the new space for occupancy

The government encounters unexpected delays outside of its control in acquiring replacement space

The government is consolidating various agencies and the contracting officer needs to extend the terms of some leases to establish a common expiration date

The agency occupying the space has encountered delays in planning for a potential relocation to other federally controlled space due to documented organizational, financial, or other uncertainties

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 during the extension period.

The Government encountered unexpected delays in awarding the new and replacing lease under GS-

04P-LFL00077. As a result, the project team will need additional time to complete the post-award construction phase and therefore need to extend lease GS-04B-LFL46831. Award to other than the current Lessor would require relocation of the entire requirement and would cause Drug Enforcement Administration to incur move and replication costs that would not be recovered through competition.

5. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED FROM AS

MANY POTENTIAL SOURCES AS IS PRACTICABLE.

In accordance with GSAM 570.106(d) and 570.405, an advertisement is not required for extensions.

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

GOVERNMENT WILL BE FAIR AND REASONABLE.

Recent market research conducted by the Leasing Specialist in TAMPA, FL showed the rental rate within the market area ranges from $ REDACTED to $ REDACTED.

Therefore, the anticipated rental rate for this lease extension of $ REDACTED per RSF, is REDACTED the current market range for this submarket and is deemed fair and reasonable by the GSA Lease Contracting Officer due to this lease currently being in holdover without a negotiated rate, the lessor’s documented increase in operating expenses and the short-term nature of the lease action being limited to 15 months.

7. DESCRIPTION OF MARKET RESEARCH CONDUCTED AND THE RESULTS.

On July 3, 2024, market research was conducted using REDACTED and GSA inventory in the Tampa FL area. The market research showed the rental rate within the market area ranges from $ REDACTED to $ REDACTED.

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

Remaining at the current location under a 15-month extension avoids a holdover and allows the Government to continue operations without disruption.

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

ACQUISITION.

N/A

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 extension of 15 months for LFL46831 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.

8/20/2024

X

Danilo Galan Lease Contracting Officer Signed by: DANILO GALAN

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.

Prepared by

8/20/2024

E. Shawn Hayes Leasing Specialist Signed by: EULANDO HAYES

Concur

8/26/2024

X Lester Harris

Lester Harris Branch Chief Signed by: LESTER HARRIS

8/27/2024

X Heather Driskell

Heather Driskell Lease Acquisition Officer Signed by: HEATHER DRISKELL

8/27/2024

X for Gregory Trimble

Sabina A Sims Leasing Director Signed by: General Services Administration

Reviewed:

Courtney Debord Competition Advocate

Approved

Jeffrey M. Smith Head of Contracting Activity (HCA)

1. NATURE AND/OR DESCRIPTION OF ACTION BEING APPROVED.
2. DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS (INCLUDING ESTIMATED VALUE).
3. IDENTIFICATION OF STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION.
4. DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR NATURE OF THE ACQUISITION REQUIRES THE USE OF THE AUTHORITY CITED.
5. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE.
6. DEMONSTRATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE.
7. DESCRIPTION OF MARKET RESEARCH CONDUCTED AND THE RESULTS.
8. OTHER FACTS SUPPORTING USE OF OTHER THAN FULL AND OPEN COMPETITION.
9. LIST OF SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN THE ACQUISITION.
10. STATEMENT OF ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION.
11. CONTRACTING OFFICER CERTIFICATION.
12. PREPARER’S TECHNICAL CERTIFICATION.
X Lester Harris
X Heather Driskell
X for Gregory Trimble
X
X
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