Justification for Other Than Full and Open Competition, Succeeding Lease U.S. General Services Administration GSA Region 4 Leasing Division - Branch 4PR1B JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION LEASE NUMBER: GS-04P-LGA60019 PROJECT NUMBER: 3GA0233 Agency Name: Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) 1. IDENTIFICATION AND DESCRIPTION OF ACTION BEING APPROVED. Approval is requested to negotiate a ten (10) year lease with the incumbent lessor without full and open competition for continued occupancy at the current location. 2. DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) currently occupies 11,198 Rentable Square Feet (RSF) yielding 10,152 ANSI BOMA Office Area square feet (ABOA) at the building known as the Franklin Building located at 2036 Franklin Way, Marietta, Georgia, 30067-8411 under GSA lease number GS-04B-42042. The current lease expires 6/30/2014. In accordance with planning procedures that require that tenant agencies in leased space be solicited for continuing needs in sufficient time for GSA to compete that need, the Realty Specialist contacted the ATF on 01/16/2013 and requested completion of a Space Request SF-81 which details agency requirements. Although the agency indicated it had a continuing need for the space, it did not provide requirements until 2/27/2013. The requirements received were not complete. The GSA Leasing Specialist contacted the Agency on 3/20/2013 and requested clarification and complete program requirements. The Agency provided full program of requirements and special requirements on 5/1/2013. The Agency desires to remain at its current location. The requirement is for 11,198 Rentable Square Feet of space with a Common Area Factor (CAF) of 10% yielding 10,152 ANSI BOMA Office Area square feet (ABOA) for a ten (10) year five (5) year firm term to commence on 7/1/2014. The estimated annual cost of this lease is $24.55 per RSF per year for an annual cost of $274,910.90 plus annual CPI adjustments. The total contract value of the proposed succeeding lease is $2,749,109.00. The delineated area boundaries are as follows; North: Delk Road (Highway 280), South: Interstate 285 North, East: Interstate 75 North West: Cobb Parkway (Georgia State Highway 41/3). 3. IDENTIFICATION OF STATUTORY AUTHORITY. 41 U.S.C. 253(c) (1): Only one responsible source and no other supplies or services will satisfy agency requirements. 4. DEMONSTRATION THAT THE ACQUISITION REQUIRES THE USE OF THE AUTHORITY CITED. The market research did not disclose any potential offerors who can meet the requirement. See "Description of Efforts to Solicit as Many Offers as Practical" for details. The ATF does not require extensive tenant improvements or renovations beyond new carpet and paint to the space. The current space is fully satisfactory for the next term of the lease. The incumbent lessor is uniquely qualified to provide the space as no other offeror could economically replicate the build out and deliver the space and relocate the ATF before expiration of the current lease term. It is impractical and uneconomical to duplicate this space through open competition. Therefore, it is in the best interest of the Government to remain in the current location. Additionally, GSAM 570.402-5 allows for negotiation with the incumbent Lessor when a cost-benefit analysis shows that the Government cannot expect to recover relocation and duplication costs through competition. Please reference the attached Cost-Benefit Analysis which outlines the estimated cost savings by remaining at the current location. 5. DESCRIPTION OF EFFORTS TO SOLICIT AS MANY OFFERS AS PRACTICAL. There is no Government controlled space located within the delineated area that would meet the requirements of this agency. The GSA Region 4 Asset Manager has advised the Leasing Specialist that there is no Federal Space or Government Controlled vacant space available within the delineated area. On 04/16/2013 the GSA Leasing Specialist placed an Expressions of Interest advertisement on the Federal Business Opportunities Web site (fedbizopps.gov). The Realty Specialist consulted by telephone on 05/06/2013 with the following Atlanta/Marietta real estate professionals: REDACTED Based on the market research, there is no suitable alternative space available. 6. DESCRIPTION OF MARKET RESEARCH CONDUCTED. On 5/25/2013, Market research was conducted by the Leasing Specialist resulting in the determination that the market range for this agency's requirement in Marietta, Georgia is between $19.00 - 25.00 per rentable square foot per annum. The market data was obtained from Bullseye, NAI Global, CoStar and local real estate management firms that have active government leases in close proximity to this agency's delineated area. 7. OTHER FACTS SUPPORTING USE OF OTHER THAN FULL AND OPEN COMPETITION. Performing a succeeding lease at this location will allow the government to forego the extensive build-out costs associated with rebuilding all of the tenant improvements required by the agency. The requirements detailed in ATF's Off Site Space Requirements Volume 12 are not typical improvements for normal office space. These improvements are unlikely to be duplicated in any other office building and therefore would have to be reconstructed as an additional cost to the government. 8. LIST OF SOURCES THAT EXPRESSED INTEREST IN THE ACQUISITION. REDACTED 9. STATEMENT OF ACTIONS TO OVERCOME BARRIERS TO COMPETITION. Other than full and open competition will be used to satisfy the agency's requirement. The agency has been advised of this action. Agency requirements supporting this justification for other than full and open competition are certified as accurate and complete. 10. TECHNICAL REQUIREMENTS PERSONNEL CERTIFICATION I certify that the supporting space requirements data used to form the basis of this Justification is complete and accurate to the best of my knowledge and belief. PREPARED: 11. CONTRACTING OFFICER CERTIFICATION AND DETERMINATION THAT THE ANTICIPATED COST WILL BE FAIR AND REASONABLE. Recent market research conducted by the GSA Leasing Specialist in Marietta, GA, for comparable properties showed that the rental rate within the delineated area for those properties ranges from $19.00-$25.00 per RSF. The cost charged to the Government by the current Lessor at the existing location is $21.96 per RSF. Additionally, it is anticipated that the Government will save duplication costs which it could not reasonably expect to recover through full and open competition. Therefore, as the current rate by the existing Lessor falls within the market range found through the market research and due to the fact that the Government will save in duplication costs which it could not reasonably expect to recover through full and open competition, the Contracting Officer determines that the anticipated cost to the Government of $24.55 per RSF for the entire requirement is fair and reasonable. CERTIFIED:
