August 29, 2017 Re: Lease No. GS-07P-LTX00297, FEMA, Austin, TX In response to a request for approximately 200,000 ANSI/BOMA Office Area (ABOA) square feet of office and related space in Austin, TX for immediate occupancy, we have accepted the offer of B.H. 11000 NORTH IH 35, LLC to provide 122,075 ABOA square feet of space at 11000 North IH 35 in Austin, TX. The contract price was $3,051,875.00 for a term of 12 months with 6 months firm. 8/25/17 FEMA Austin, TX Hurricane Harvey Response Contracting Officer Certification Attachment 2 GENERAL SERVICES ADMINISTRATION CLASS JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION ACQUISITIONS OF SPACE AND RELATED SERVICES TO SUPPORT FEDERAL AGENCIES ACTING IN RESPONSE TO EMERGENCIES OR MAJOR DISASTER SITUATIONS AS HEREIN SPECIFIED Identification and description of action being approved. This class justification for other than full and open competition is for use by the General Services Administration's (GSA's) contracting activities in the acquisition of space and related services for the Federal Emergency Management Agency (FEMA) and other Federal agencies responding to emergency situations and major disasters as specified below. This class justification is applicable to the following emergencies : a. National emergencies declared by the President under applicable provisions of law, including, but not limited to, the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988 (P. L. 100-707); b. Emergencies declared by responding Federal agencies pursuant to statutorily authorized emergency plans or other applicable provisions of law; and c. Emergencies of a health/safety or other (HSO) nature which so adversely impact the mission of an agency in a Government-owned or leased building as to necessitate the agency's expeditious relocation therefrom. Description of supplies or services required. GSA Order ADM P 2400 .16A dated January 8, 1992, entitled Domestic Emergency Assistance Program, establishes GSA's overall guidance for providing assistance to Federal agencies in emergencies. The Order states that GSA ''must ensure that the requesting agency is provided space that meets its needs," and "other services currently provided to the Federal establishment. " Identification of statutory authority. Section 303(c)(2) of the Federal Property and Administrative Services Act of 1949, as amended (41 U.S.C. 253(c)(2)), provides for contracting without full and open competition when there is an unusual and compelling urgency. Demonstration that the acquisition requires use of the authority cite . Pursuant to the authority and responsibilities contained in the Federal Property and Administrative Services Act of 1949, as amended, GSA is often called upon to provide work space and related support services to Federal agencies in emergency situations. The need to provide such work space and services in support of disaster relief efforts is of unusual and compelling urgency, and any delay will seriously harm a critical Government program and the recipients of Federal assistance. This class justification is applicable only to individual acquisitions of work space and related supporting services provided to Federal agencies in response to the emergency or major disaster situations specified in the first paragraph of this Justification for Other Than Full and Open Competition. Description of efforts to obtain as many offers as practicable. A market survey shall be conducted and competition shall be solicited to the maximum extent possible from as many potential sources as is practicable, consistent with the circumstances of the particular emergency. Determination that the anticipated cost will be fair and reasonable. The Government anticipates being able to negotiate a fair and reasonable price, taking into account market conditions existing at the time of acquisition. Description of the market survey conducted. It is impossible to identify sources capable of providing space for emergency or disaster relief in advance of the determination of individual need.As the need for space arises, a market survey will be conducted. All potential sources which can be located within the timeframe, and which can provide habitable space suitable for the needs of the responding agency, will be solicited. Other facts supporting the use of other than full and open competition. None. List of sources that expressed an interest in the acquisition. Not applicable. Statement of actions to overcome barriers to competition. Under the circumstances described herein, there are no actions that the agency can take to overcome the barriers to full and open competition. Contracting officer certification. This class justification may be used by GSA contracting activities only when, with respect to each proposed lease contracting action taken pursuant to this class justification, the contracting officer executes and includes in the appropriate lease contract file the following certification: "I certify that, to the best .of my knowledge and belief, the requirement for space falls within the scope and applicability of the class justification for other than full and open competition for the acquisition of work space and related supporting services in response to emergencies or major disaster situations specified in the first paragraph of the class justification for other than full and open competition, entitled Identification and Description of Action Being Approved. The Contracting Officer anticipates being able to negotiate a fair and reasonable price consistent with market conditions and the Government' s requirements. " This class justification for other than full and open competition is hereby made and approved in accordance with Section 303(c )(2) of the Federal Property and Administrative Services Act of 1949, as amended U.S.C. 253(c)(2)). Service CONCURRENCE: Arthur E. Ronkovich
