A6_JOFOC_CoStar.pdf

HANDOUT 6A – SOLE-SOURCE JUSTIFICATION TEMPLATE

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USDA, APHIS, MARKETING AND REGULATORY SERVICES

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

POLICY:

In accordance with FAR Parts 6.1 and 13.104, contracting officers must promote competition to the maximum extent practicable to obtain supplies and services from the source whose offer is the most advantageous to the Government, considering the administrative cost of the purchase.

(a) The contracting officer must not—

Solicit quotations based on personal preference; or Restrict solicitation to suppliers of well-known and widely distributed makes or brands.

(b) If using simplified acquisition procedures, maximum practicable competition ordinarily can be obtained by soliciting quotations or offers from sources within the local trade area. Unless the contract action requires synopsis pursuant to FAR Parts 5.101 and 13.105 and an exception under FAR 5.202 is not applicable, consider solicitation of at least three sources to promote competition to the maximum extent practicable. Whenever practicable, request quotations or offers from two sources not included in the previous solicitation.

Each justification shall contain sufficient facts and rationale to justify the use of the specific authority cited, and shall include evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or schedule requirements or other rationale for other than full and open competition) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(SOLE OR SINGLE SOURCE)

In accordance with FAR Parts 6.1 and 13.104, this request for a noncompetitive acquisition is hereby submitted for consideration for acquisition approval.

1. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING

ACTIVITY:

Requesting Agency: USDA, APHIS, MRPBS, AAMD, Realty 250 Marquette Ave, Suite 410 Minneapolis, MN 55401

Contracting Activity:

USDA, APHIS, MRPBS, AAMD

Minneapolis Procurement Branch 250 Marquette Ave, Suite 410 Minneapolis, MN 55401

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING

APPROVED:

Loopnet was a free service that provided a list of commercial properties available for a market area. Loopnet also provided market trends for a market area and per state. Loopnet was bought out by CoStar. Loopnet now only has very limited commercial properties viewable for free and no longer has market trends available. Costar is now the sole provider of a complete national market of commercial real estate listings.

Due to this change, APHIS, MRPBS, AAMD, Realty Team request the following be acquired using a noncompetitive procurement in support of program mission requirements.

3. A DESCRIPTION OF THE SUPPLIES, EQUIPMENT, OR SERVICES

REQUIRED TO MEET AGENCY NEEDS (INCLUDING THE ESTIMATED

VALUE OF THE ACQUISITION INCLUSIVE OF OPTIONS):

Access for 6 users to CoStar.com, a national database, for a 3-year access subscription. This would consist of a base year with 2 option years. Database provides a real time list of commercial properties available all in one location for a multitude of states and markets. Also provide market trend analysis for a market area and per state. Has the ability to build custom analytics for any property set you want based on geography, building class and/or many other criteria. This report aggregates vacancy, absorption, availabilities, rents, and sales activity. List of commercial properties will provide asking rates, pictures, property description, and other common characteristics needed to look for

Page 3 9/7/2018 potential spaces to rent. Lists also provide contact information for all properties.

Provides the ability to search and view via local live action maps (similar to a Google map with the data that is required). Provides the ability to compare search results side by side within database.

Costar gives the access to the largest inventory of active commercial real estate listings in the market.

Estimated price per year subscription for six users is $35,000.00-$40,000.00.

Our pervious provider was Loopnet, which was a free service. The service has now become very limited with commercial properties because CoStar bought out Loopnet.

4. IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING

NONCOMPETITIVE ACQUISITIONS:

FAR 6.302-1 – Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES

USE OF THE AUTHORITY CITED:

APHIS Realty must have the ability to obtain the maximum available commercial properties for lease throughout the United States to comply with the Competition in Contracting Act when leasing a facility. When APHIS Realty leases facilities in rural areas and there is no other available space, the contracting officer needs to have market trends to show that the offeror’s rental rate is fair and reasonable.

CoStar is the only online source that provides the maximum number of commercial property and market trends within the United States. APHIS Realty obtains their leasing delegation through GSA, and GSA uses CoStar. CoStar is the industry leader in searching for available commercial space.

6. A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS

PRACTICABLE, INCLUDING WHETHER A NOTICE WAS, OR WILL BE,

PUBLICIZED AS REQUIRED BY FEDERAL ACQUISITION REGULATION

(FAR) SUBPART 5.2, AND IF NOT, WHICH EXCEPTION UNDER FAR 5.202

APPLIES:

USDA APHIS Reality team is constantly in the market and knows what is available to provide these services. Market research shows that the only

Page 4 9/7/2018 competition in the market for this type of service is limited to only their listings and is not a complete list.

7. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE, AND THE BASIS FORTHAT DETERMINATION:

Based on the estimated time for USDA Reality Team to duplicate database and the quote provide by Costar, it is anticipated that the cost to the federal government will be fair and reasonable.

8. A DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (FAR

PART 10) AND THE RESULTS, OR AN EXPLANATION OF THE REASON

MARKET RESEARCH WAS NOT PERFORMED:

Our pervious provider was Loopnet.com. CoStar bought out LoopNet. LoopNet does not provide the maximum available commercial properties anymore and does not provide market trends anymore. APHIS Realty obtains their leasing delegation through GSA, and GSA uses CoStar. Realty team’s knowledge and activity in the field. They are constantly looking for tools to use in order to be in compliance with Competition in Contracting Act.

9. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL

AND OPEN COMPETITION - FAR 6.303-2(a)(9):

There are companies that list their specific space only on Costar and do not have their own listings. Therefor even an effort of duplicating Costar’s database through the use of a multitude of other individual services (which would take upwards of 15 times the Reality team’s time and efforts) would not provide the same number of results. The more complete the list of results, coupled with the drastic savings of time produces a more competitive lease acquisition process at a fraction of the cost to the tax payer.

10. A LISTING OF SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN

INTEREST IN THE ACQUISITON:

None.

11. A STATEMENT OF THE ACTIONS, IF ANY. THE AGENCY MAY TAKE

TO REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION

BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES,

EQUIPMENT, OR SERVICES REQUIRED:

JOFOC will be posted to FBO for the required 14 day period.

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12. I HEREBY CERTIFY THAT THE INFORMATION PROVIDED IN THIS

JOFOC IS ACCURATE AND COMPLETETOTHE BEST OF MY

KNOWLEDGE AND BELIEF.

(Certification requires the signature of the contracting officer and program manager, and shall include the date)

Jeremy Pouliot Date Karin Finke Date Contracting Officer Lead Realty Specialist Minneapolis Procurement Branch Minneapolis Realty Team