US Courts Portland ME JOFOC and CBA Redacted 30JAN2024.pdf

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Redacted Justification for Other Than Full and Open Competition
Solicitation number
3ME0203
Issued by

About this file

This document is a Justification for Other Than Full and Open Competition (JOFOC) for GSA Region 1 to add a 5-year renewal option to an existing lease at 537 Congress Street in Portland, ME. The current lease (GS-01P-LME04684) for 19,889 ABOA/21,864 rentable square feet expires on July 31, 2025.

The justification cites 41 U.S.C. 3304(a)(1) as authority, arguing that only the incumbent location can satisfy requirements due to high relocation costs. Market research conducted on January 18, 2024 identified only one other potential location (455-477 Fore Street). A cost-benefit analysis showed remaining at the current location would be more economical. The incumbent lessor expressed interest through a SAM.gov advertisement posted January 22, 2024, offering the lowest quoted rate. The space recently underwent HVAC improvements and the lessor has improved responsiveness to tenant needs. The renewal option would commence August 1, 2025, if exercised, with the delineated area being the city limits of Portland, ME.

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Revised 10-23-2023

Justification for Other Than Full and Open Competition, Renewal Option

U.S. General Services Administration

GSA Region 1

Leasing Division

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

PROJECT NUMBER: 3ME0203

Agency Name:

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

The General Services Administration currently leases 19,889 ABOA/21,864 rentable square feet (RSF) of office space at 537 Congress Street, Portland, ME under lease number GS-01P-LME04684 for the

. The current lease expires 7/31/2025. Approval is requested to negotiate the addition of a renewal option with the incumbent Lessor without full and open competition for continued occupancy at this leased location. The procedures for adding a renewal option are detailed in GSAR 570.401: Renewal Options

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

(INCLUDING ESTIMATED VALUE).

conveyed their continuing need on 9/15/2020 for 21,864 RSF of office and related space.

This requirement is for 19,889 ABOA/21,864 RSF of space for a 5-year renewal to commence, if exercised, on 8/1/2025. The estimated cost of this renewal option is per rentable square feet per year for an annual cost of and a total contract value of . The delineated area is the city limits of Portland, ME.

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 570.401. In accordance with GSAR 570.401, Renewal options, (a) Exercise of options. Before exercising an option to renew, follow the procedures in 517.207 Exercise of options. The contract must first provide the right to renew the lease. If a renewal option was not evaluated as part of the lease at award, then the addition of a renewal option during the lease term must satisfy the requirements of GSAM 506 regarding full and open competition. (b) Market information review. Before exercising an option to renew a lease, review current market information to determine that the rental rate in the option is fair and reasonable.

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. Award to other than the current Lessor would require relocation of the entire requirement and would cause to incur move and replication costs that would not be recovered through competition.

Relocation costs are estimated to be . Additionally, this allows the Government to make use

Revised 10-23-2023

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

ACQUISITION.

537 Congress St Portland, ME (Incumbent)

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 addition of a renewal option of 21,864 RSF 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.

__________________________________________________ Date_____________________ Adam Ferreira, Lease Contracting Officer

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.

___________________________________________________ Date______________________ Adam Ferreira, Lease Contracting Officer

13. CONCURRED BY

___________________________________________________ Date______________________ Carey Bergeron, Regional Counsel

14. CONCURRED BY

Matt Bailey, Regional Competition Advocate

15. CONCURRED BY

Glenn Rotondo, Head of Contracting Activity

Certificate Of Completion Envelope Id: BA2E709287CB425E9B7F300BA5DC419A Status: Completed

Subject: Complete with DocuSign: US Courts - Portland, ME - JOFOC and CBA - 30JAN2024.pdf

Source Envelope:

Document Pages: 4 Signatures: 5 Envelope Originator:

Certificate Pages: 2 Initials: 0 Adam Ferreira

AutoNav: Enabled

EnvelopeId Stamping: Enabled

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

1800F F St NW

Washington DC, DC 20405 adam.ferreira@gsa.gov

IP Address: 216.212.120.0

Record Tracking Status: Original

1/30/2024 9:53:59 PM

Holder: Adam Ferreira adam.ferreira@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 Adam Ferreira adam.ferreira@gsa.gov

Leasing Specialist

US General Services Administration

Security Level: Email, Account Authentication (None)

Signature Adoption: Pre-selected Style

Using IP Address: 216.212.120.0

Sent: 1/30/2024 10:06:11 PM

Viewed: 1/30/2024 10:06:22 PM

Signed: 1/30/2024 10:06:31 PM

Electronic Record and Signature Disclosure:

Not Offered via DocuSign

Carey Bergeron carey.bergeron@gsa.gov

Branch Chief D&C Technical Services

US General Services Administration

Security Level: Email, Account Authentication (None)

Signature Adoption: Pre-selected Style

Using IP Address: 23.30.151.107

Sent: 1/30/2024 10:06:32 PM

Viewed: 2/1/2024 12:42:25 PM

Signed: 2/1/2024 12:42:43 PM

Electronic Record and Signature Disclosure:

Not Offered via DocuSign

Matthew Bailey matthew.bailey@gsa.gov

Deputy Regional Commissioner, 1P1

US General Services Administration

Security Level: Email, Account Authentication (None)

Signature Adoption: Pre-selected Style

Using IP Address: 192.226.70.18

Sent: 2/1/2024 12:42:45 PM

Viewed: 2/1/2024 1:18:08 PM

Signed: 2/1/2024 1:18:31 PM

Electronic Record and Signature Disclosure:

Not Offered via DocuSign

Glenn Rotondo glenn.rotondo@gsa.gov

Regional commissioner

US General Services Administration

Security Level: Email, Account Authentication (None)

Signature Adoption: Drawn on Device

Using IP Address: 104.28.55.132

Signed using mobile

Sent: 2/1/2024 1:18:32 PM

Viewed: 2/1/2024 2:22:01 PM

Signed: 2/1/2024 2:22:14 PM

Electronic Record and Signature Disclosure:

Not Offered via DocuSign

In Person Signer Events Signature Timestamp

Editor Delivery Events Status Timestamp

Agent Delivery Events Status Timestamp

Intermediary Delivery Events Status Timestamp

Certified Delivery Events Status Timestamp

Carbon Copy Events Status Timestamp

Witness Events Signature Timestamp

Notary Events Signature Timestamp

Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 1/30/2024 10:06:11 PM

Certified Delivered Security Checked 2/1/2024 2:22:01 PM

Signing Complete Security Checked 2/1/2024 2:22:14 PM

Completed Security Checked 2/1/2024 2:22:14 PM

Payment Events Status Timestamps

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