Redacted - OFOC 8MI2266.pdf

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Justification for Other Than Full and Open Competition - Detroit, MI
Solicitation number
8MI2266
Issued by

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This document is a Justification for Other Than Full and Open Competition for a succeeding lease of office space for the Department of Homeland Security - Customs and Border Protection (DHS-CBP) Field Operations Facilities in Detroit, Michigan.

The GSA is seeking to negotiate a non-competitive lease renewal with the incumbent lessor for 18,914 rentable square feet of office space located adjacent to the Detroit Ambassador Bridge Land Port of Entry. This location is critical to DHS-CBP's mission, and award to any other offeror would result in substantial duplication of costs that are not expected to be recovered through competition. The proposed rental rate is deemed fair and reasonable based on market research of similar land port of entry leases in Michigan. The incumbent lessor, Detroit International Bridge Company, expressed interest in the acquisition. There are no systemic barriers to competition, and GSA will follow all applicable regulations if DHS-CBP has a continuing need for the space upon lease expiration.

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Revised 12-06-2022

Justification for Other Than Full and Open Competition, Succeeding Lease

U.S. General Services Administration

GSA Region 5

Real Estate Division

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

PROJECT NUMBER: 8MI2266

Agency Name: DHS-CBP FIELD OPERATIONS FACILITIES

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

The General Services Administration currently leases 16,447.00 ABOA / 18,914.00 rentable square feet (RSF) of office space at AMBASSADOR BRIDGE, 3033 PORTER ST, DETROIT, MI under lease number LMI19139 for the DHS-CBP FIELD OPERATIONS FACILITIES. The current lease expires August 30, 2024. Approval is requested to negotiate a succeeding lease with the incumbent Lessor without full and open competition for continued occupancy at this leased location. The procedures for pursuing a succeeding lease are detailed in GSAR 570.402: Succeeding Leases.

2.

(INCLUDING ESTIMATED VALUE).

DHS-CBP FIELD OPERATIONS FACILITIES submitted a continuing need letter on 05/18/2022 for 18,914.00 rentable square feet of office and related space. To satisfy the DHS-CBP FIELD OPERATIONS FACILITIES mission requirements, the facility must be adjacent to the Detroit Ambassador Bridge Land Port of Entry.

Area>. .

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, use of the sole source authority is appropriate where it is determined that award to any other offeror would result in substantial duplication of costs to the Government that are not expected to be recovered through competition.

4.

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 not be possible, seeing as though the CBP has a mission based rational to be located adjacent to the Detroit Ambassador Bridge Land Port of Entry from the United States into Canada. It is not feasible for the Government to simply relocate the Land Port of Entry.

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

MANY POTENTIAL SOURCES AS IS PRACTICABLE.

Revised 12-06-2022

Per the requirements of GSAR 570.402, the GSA Lease Contracting Officer placed an advertisement on the Contracting Opportunities domain of SAM.gov on October 20, 2023, for 16 days. In addition, Stephanie Carlson conducted market research using CoStar and researching other Government Land Ports of Entry Leases.

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

GOVERNMENT WILL BE FAIR AND REASONABLE.

Recent market research conducted by the Lease Contracting Officer for similar Land Port of Entry Leases in the state of Michigan showed the rental rate ranges from per RSF to per RSF. There is no similar market comparison that exists in the market.

Therefore, the proposed rental rates for this succeeding lease of , 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.

Market data does not exist for this type of market due to the fact that this is a Land Port of Entry. CBP has a mission based rational to be located adjacent to the Detroit Ambassador Bridge Land Port of Entry from the United States into Canada.

On June 21, 2023, market research was conducted using REXUS to research the rates of other Land Ports of Entry in the state of Michigan. The market research showed the rental rate within the market area ranges from $ /RSF.

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

On May 9, 2023, the Lease Contracting Officer (LCO) spoke with the Lease Administration Manager

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

ACQUISITION.

1. Detroit International Bridge Company

No other responses were received in response to the advertisement

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 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 (if applicable) to eliminate unnecessary agency space requirements that may be deemed unduly restrictive.

11. ONTRACTING 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 succeeding lease of 18,914 and that this Justification is accurate and com

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