U.S. GENERAL SERVICES ADMINISTRATION

Public Buildings Service

Acquisition Project Delivery Contracting Division - East FAA Furniture Disposal

1 Aviation Plaza, Jamaica NY (Leased Facility)

Justification for Other Than Full and Open Competition

1. Agency and Contracting Activity (FAR 6.104-1(a)(1) (GSA Class Deviation RFO-2025- 06)) : The U.S. General Services Administration (GSA), Public Buildings Service, proposes to enter into a contract for removal and disposal of furniture with EJM Airport, LLC.

2. Nature and Description of Action (FAR 6.104-1(a)(2) (GSA Class Deviation RFO-2025- 06)) : The Federal Aviation Administration (FAA) is currently in leased space at 1 Aviation Plaza in Jamaica, NY. The lessor is EJM Airport, LLC. The FAA's lease is set to expire on October 2, 2026. Since the FAA is relocating to a new facility and the lease is set to expire, it was determined to procure a separate contract with the lessor to remove and dispose of the FAA’s furniture and equipment.

3. Description of Services (FAR 6.104-1(a)(3) (GSA Class Deviation RFO-2025-06)) : The The services will require the contractor to:

Dismantle, disconnect and remove all furniture, fixtures, and equipment (FF&E) in the basement, 1st, 2nd, 3rd, 4th and 5th floors. FF&E consists of the following per floor:

1. Workstations

2. Private offices

3. Conference Rooms

4. Storage equipment (all file cabinets, racks, shelving, bookcases, cages)

5. Miscellaneous furniture (benches, tables, chairs, executive furniture)

6. Miscellaneous equipment (TV’s data racks/cabinets, cafeteria, kitchen)

4. Identification of Statutory Authority (FAR 6.104-1(a)(4) (GSA Class Deviation RFO- 2025-06)): The statutory authority for this justification is 41 U.S.C. § 3304(a)(2), as implemented by FAR 6.103-2 — Unusual and Compelling Urgency (GSA Class Deviation RFO- 2025-06).

5. Demonstration of the Proposed Contractor’s Unique Qualifications and Urgency (FAR 6.104-1 (a)(5) (GSA Class Deviation RFO-2025-06)):

A. Unique Expertise and Knowledge

Typically, modifications or alterations to leased space are performed directly by the lessor. The Leasing Specialist or Lease Contracting Officer are not authorized to conduct competitive procurements for alterations with anyone other than the lessor. The Leasing CO determined not to amend the lease as the lease was set to expire and the agency has relocated. Additionally, removal and disposal of furniture and equipment do not exactly fall under alterations of leased space. However, it is most logical to contract with the lessor to perform these services. The lessor is uniquely qualified to provide expedited services immediately. They have onsite management, subcontractor relationships, and the flexibility to accomplish the requirements of the statement of work in a compressed time frame. Most notably, they will assume the risk and liability associated with operations within their building.

B. Unusual and Compelling Urgency & Serious Injury

There is an unusual and compelling urgency to remove and dispose of all FAA furniture and equipment. The FAA employees will begin teleworking on Friday, September 18, 2026. Their lease is set to expire on October 2, 2026. As the FAA relocates to a different facility, there will be five (5) federal agencies backfilling this space. These federal agencies are Homeland Security Investigations (HSI), Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), U.S. Customs and Border Protection (CBP) and the Department of State (DOS). Leases for these agencies have been executed. Requirements for space build-out for each agency are underway. The construction, which includes capital and interior improvements, is expected to begin October 5, 2026. Any delay in clearing out the FAA space will directly impact on the construction schedule, move in date, and missions of five (5) separate federal agencies.

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 FAR 5 and, if not, which exception under FAR part 5 applies (FAR 6.104-1 (a)(6) (GSA Class Deviation RFO-2025-06)).

As discussed in paragraph 5, modifications or alterations in leased space are typically contracted with the lessor as Leasing Contracting Officers are not authorized to conduct competitive procurements for alterations with anyone other than the lessor. With the expiring lease and FAA relocating the Leasing Contracting Officer determined an amendment to the lease was not practicable. As such, a separate contract will be issued to the lessor for removal and disposal of furniture and equipment. No other sources were contacted.

In accordance with FAR 5.101(b)(2) (GSA Class Deviation RFO-2025-06), the Contracting Officer is not required to post a presolicitation notice to the Governmentwide Point of Entry GPE when using other than full and open competition (see 6.103), except for the authorities at 6.103-1 (only one responsible source) and 6.103-6 (national security).

7. Determination of Fair and Reasonable Cost (FAR 6.104-1 (a)(7) (GSA Class Deviation RFO-2025-06)): The Contracting Officer will ensure that costs are fair and reasonable.

The Independent Government Cost Estimate is $ . The contracting officer will take the following steps to ensure that the anticipated cost to the Government will be fair and reasonable:

(1) A detailed price analysis will be performed comparing the quote with an independent government cost estimate.

(2) Negotiations will be conducted as necessary to ensure that the final total price is fair and reasonable.

The signature of the Contracting Officer provided below represents a determination that the anticipated cost to the Government will be considered fair and reasonable.

8. A description of the market research conducted (see FAR Part 10) and the results or a statement of the reason market research was not conducted (FAR 6.104-1 (a)(8) (GSA Class Deviation RFO-2025-06)) :

Market Research was not conducted. Although leases do not give lessors a right of first refusal to perform alterations or work within the lease space, it is typically beneficial to allow lessors to perform the work. Using an outside vendor could result in liability to the Government as a result of any damage or poor workmanship on the part of that vendor.

9. Any other facts supporting the use of other than full and open competition (FAR 6.104-1 (a)(9) (GSA Class Deviation RFO-2025-06)):

It is in the Government’s best interest to enter in a firm fixed-price contract with the lessor to expedite the FAA’s furniture removal and disposal. Any delay in subsequent space build-out for HSI, DEA, FBI, CBP or DOS will have a direct impact on lease agreements (both current and forthcoming), delay costs (lease extensions and construction costs), and unique missions of these agencies. Additionally, any delay would potentially affect the President’s Memorandum to Return to In-Person work.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition (FAR 6.104-1(a)(10) (GSA Class Deviation RFO-2025-06)).

Not applicable.

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 or services required (FAR 6.104-1(a)(11) (GSA Class Deviation RFO-2025-06)).

Any future actions pertaining to lease agreements and alterations to leased space will follow guidance in accordance with the RFO FAR, GSAM/R and PBS Leasing Desk Guide.

The Government will conduct market research to gauge the marketplace capabilities for future requirements when such requirements are available for competition (i.e. when lessor declines to perform the work).

12. Contracting officer certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief (FAR 6.104-1(a)(12) (GSA Class Deviation RFO-2025-06)).

Contracting Officer: I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Sotheavy Khon Contracting Officer Branch E - Downstate NY Acquisition Project Delivery Contracting Division - East GSA Public Buildings Service