SSA Athens Comp Memo Ext Data (4OH0400)_Redacted.pdf

Absence of Competition Memo to File

Project Number: 4OH0400

Documentation to Explain the Absence of Competition – Lease Extension Within SLAT

Lease number LOH16124 occupied by SSA, located at 743 E STATE ST , ATHENS, OH will expire on March 7, 2025. It has been determined that the government requires an extension for 24 months as noted in the Acquisition Plan located in the lease file. A new/replacing lease had been awarded, but was terminated due to TI Pricing Negotiations had broken down with the Awardee. Thus, GSA needed time to return to the market and procure space for SSA’s long term requirements.

The estimated net annual rent of this action is , which is within the Simplified Lease Acquisition Threshold

(SLAT).

The decision to pursue a lease extension is supported by GSAR 570.405.

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

This extension for a lease below the simplified lease acquisition threshold is necessary as:

Cost based rationale

Lease extensions represent short-term contracting actions which are necessary to protect the occupancy rights of the government when the government cannot vacate the premises by the expiration of the existing contract term.

Extensions avoid the costs associated with holdover tenancies. Additionally, the government cannot reasonably expect to recover the costs associated with relocation of the tenant agency through full and open competition of a separate short-term lease to cover the term of this extension.

Mission based rationale

The agency’s mission for this location requires a unique location and cannot be satisfied through any alternative locations. The agency’s mission and justification for a unique location is summarized below:

Additional Notes:

ADDITIONAL FAR AND GSAR CLAUSES

DocuSign Envelope ID: B6CEFF9A-4C36-49DC-A4E2-47A6103B7699

If missing from the current lease, the lease amendment will include the clauses and provisions, as applicable.

The lessor is declining to sign the extension LA if the FAR and GSAR Clause amendment is included. As the LCO, I am making a business decision to remove the amendment in order to effect this extension and reduce the Government’s legal exposure. The relationship with the lessor is contentious and the agreement to extend the lease could be withdrawn at any time, possibly leading to a Holdover tenancy. The justification to remove these clauses is that, in general, they do not apply to the lease at this location. The lessor does not provide SSA telecommunications equipment, is not foreign owned or financed, and is not FSL Level III or above. Ohio also currently has requirements for businesses to meet federal minimum wages. Thus, while these clauses are valid and important, they do not apply enough to this extension to enter into a drawn out negotiation with the lessor and jeopardize this needed extension.

Prepared and Approved by :

Kovas Palubinskas Date

DocuSign Envelope ID: B6CEFF9A-4C36-49DC-A4E2-47A6103B7699

4/25/2024

Certificate Of Completion Envelope Id: B6CEFF9A4C3649DCA4E247A6103B7699 Status: Completed

Subject: Complete with DocuSign: Comp Memo Ext Data (4OH0400).pdf

Source Envelope:

Document Pages: 2 Signatures: 1 Envelope Originator:

Certificate Pages: 1 Initials: 0 Kovas Palubinskas

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EnvelopeId Stamping: Enabled

Time Zone: (UTC) Dublin, Edinburgh, Lisbon, London

1800F F St NW

Washington DC, DC 20405 kovas.palubinskas@gsa.gov

IP Address: 73.72.245.186

Record Tracking Status: Original

4/25/2024 5:08:01 PM

Holder: Kovas Palubinskas kovas.palubinskas@gsa.gov

Location: DocuSign

Security Appliance Status: Connected Pool: FedRamp

Storage Appliance Status: Connected Pool: US General Services Administration Location: DocuSign

Signer Events Signature Timestamp Kovas Palubinskas kovas.palubinskas@gsa.gov

Lease Contracting Officer

US General Services Administration

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Using IP Address: 73.72.245.186

Sent: 4/25/2024 5:08:50 PM

Viewed: 4/25/2024 5:09:00 PM

Signed: 4/25/2024 5:09:07 PM

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Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 4/25/2024 5:08:50 PM

Certified Delivered Security Checked 4/25/2024 5:09:00 PM

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