SPECIAL NOTICE
X -- Justification and approval for other than Full and open competition (J&A)review document for renewal of Judge Advocate General's Legal Center School located at the University of Virginia.
- Notice Date
- 9/30/2010
- Notice Type
- Special Notice
- NAICS
- 611310
— Colleges, Universities, and Professional Schools
- Contracting Office
- USACE District, Norfolk, 803 Front Street, Norfolk, VA 23510-1096
- ZIP Code
- 23510-1096
- Solicitation Number
- W91236-DACA65-5-11-0001
- Archive Date
- 12/29/2010
- Point of Contact
- Paul W. Carter, 757 201-7822
- E-Mail Address
-
USACE District, Norfolk
(paul.w.carter@usace.army.mil)
- Small Business Set-Aside
- N/A
- Description
- JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION 1. Contracting Activity U.S. Army Corps of Engineers, North Atlantic Division, Norfolk District, Real Estate Division, ATTN: CENAO-RE, 803 Front Street, 4th Floor, Norfolk, Virginia 23510. 2. Description of Action The Commander of the Judge Advocate Generals Legal Center and School (TJAGLCS) has requested that the U.S. Army Corps of Engineers renew the expiring lease for the existing TJAGLCS at the University of Virginia, Charlottesville, Virginia. Acting as the leasing Agent for the Army, the US Army Corps of Engineers, Norfolk District intends to enter into a one year lease renewal, with four option years, for administrative, office, classroom, and residential (lodging) facilities with the University of Virginia. The approximately 7.893 acre campus is adjacent to the University of Virginia School of Law in Charlottesville, Virginia. The lease renewal was recommended by the Office of the Assistant Chief of Staff for Installations Management, in a memo dated 3 September 2009, and approved by the Deputy Assistant Secretary of the Army (Installations and Housing) by memo dated 11 September 2009. This lease will be renewed by delegated authority under Title 10 U.S.C. 2661. Operations and Maintenance, Army (OMA) appropriations will be used to fund the lease renewal. 3. Description of Lease Renewal Requirements TJAGLCS requires continued utilization of approximately 7.893 acres of land and the improvements thereon for educational and training purposes, located on the University of Virginia, North Grounds, having an address of 600 Massie Road, Charlottesville, Virginia 22903-1781. The premises incorporate 168,027 square feet of rentable floor space, together with parking, as well as: a) use of the University of Virginia Law Library with reading rooms, including all privileges and facilities normally furnished therewith under the same terms and conditions which govern use by staff, faculty and the student body of the University of Virginia School of law, b) use of Alderman Library on the University of Virginia Campus under the same terms and conditions which govern its use by the staff, faculty and student body of the University of Virginia, and c) use of Recreational and athletic areas under the same terms and conditions which govern its use by University of Virginia affiliated organizations. The total estimated cost of the lease renewal and value of this J&A, including option years is $10,108,371.43. The base rent for the lease renewal for the first year firm term is $1,977,684. This excludes all operating, maintenance, and other services costs. This cost will escalate, based on the Consumer Price Index (Urban) (CPI-U), for each option year that is exercised and for up to four option years. The current Consumer Price Index (Urban) was 1.1% (August 2009-August 2010 CPI-U, unadjusted and for all items; see http://www.bls.gov/news.release/cpi.t01.htm). The estimated total lease renewal projected base rent cost is, therefore, calculated by multiplying the square footage of 168,027 by $11.77 for the first year and then for each option year multiplying the previous years rent by the current CPI-U. The first year monthly rental rate of $164,806.48 was rounded to the next whole dollar, which was $164,807, and multiplied by 12 to get the annual rate of $1,977,684. 4. Authority Cited The statutory authority permitting other than full and open competition for the proposed lease renewal is contained within 10 U.S.C. 2304(c)(1), as stated in FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy the agency requirements, predicated on their being only one responsible source. Qualification of the proposed property as the only responsible source is based on the criteria set forth in FAR 6.302-1(a)(2) When the supplies or services required by the agency are available from only one responsible source,&and no other type of supplies or services will satisfy agency requirements& 5. Reason for Authority Cited The current TJAGLCS facilities have been situated on the University of Virginia grounds since 1975, and the Army Judge Advocate Generals School has continuously operated a military law training facility adjacent to the University of Virginia School of Law since 1951. The Deputy Assistant Secretary of the Army (Installations and Housing), by memo dated 11 September 2009, directed USACE to renew the lease with the University of Virginia to maintain TJAGLCS capabilities and support, uninterrupted, its educational mission. The property needed by the TJAGLCS is available from only one responsible source, and no other type of property available will satisfy the needs of the agency. There are no true comparable facilities available that would satisfy the requirements for this special purpose educational facility with lodging, institutional space, administrative space, provide the intangible and tangible benefits of having a neighboring, world-class civilian law school, and supply the distinctive support facilities, security, and services needed to for the Armys Law School. The fair market rental appraisal completed on March 29, 2010, conducted by the Appraisal Group, Inc., also stated no comparables could be found with a mix of lodging and office space. a. TJAGLCS is recognized, worldwide, as the preeminent legal education institution in the Department of Defense and is the only service JAG School both approved by the American Bar Association (ABA) and statutorily authorized to award the Master of Laws degree (10 U.S.C. 4315). This hard-earned academic approval is partially a result of being located adjacent to the University of Virginia School of Law and the access this provides to its 950,000-volume law library. 10 USC 2304 also states the head of an agency may use procedures other than competitive procedures to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution. The implementing regulations for this section focus on applying this law to scientific and technical areas; nevertheless, this is mentioned since the University of Virginia, as an elite educational institution and long-time lessor, is essential to TJAGLCS in maintaining legal research and development capabilities for the military. b. ABA approval is critical to the effective operation of TJAGLCS. Maintaining the utilization of the current TJAGLCS facilities and access to University of Virginia resources assures continued ABA accreditation. The library is an active and responsive force in the educational life of TJAGLCS, having sufficient resources to support teaching, scholarship, research, and services programs and to keep abreast of contemporary technology. The TJAGLCS other physical facilities are exclusively used by them; they are of sufficient size, location, design and quality; they have technological capacities for current and future needs; and they have sufficient research and study space. As the largest DOD legal institution, it supports the only graduate level legal education program in DOD and is attended by all career Army judge advocates and select judge advocates nominated by the Air Force, Navy, Marine Corps, Coast Guard, and selected foreign countries. ABA approval is also essential to the ability of TJAGLCS to deliver continuing legal education (CLE) courses required by DOD attorneys to meet their annual professional licensing requirements. State licensing authorities recognize this training, due to the status of TJAGLCS as an ABA approved institution. The loss of ABA approval would have a devastating impact on the ability of TJAGLCS to deliver quality military legal education and for Army attorneys to meet their respective state bar licensing requirements. c. The University of Virginia is recognized as one of the premier schools of Law in the United States. In 2010, U.S. News and World Report ranked this law school 10th best in the country among both private and public law schools. TJAGLCS association with the University of Virginia Law School has historically enhanced the professional standing of Army judge advocates. Since U.S. News began a separate listing of the top 50 public universities, the University of Virginia has never been ranked lower than No. 2. And in the history of the U.S. News Rankings, the University of Virginia has never dropped out of the top 25 listing of all public and private universities. This location serves as a key recruiting and retention incentive. 6. Efforts to Obtain Competition/Market Survey The fair market rental appraisal revealed that no alternate facility sites were available in Charlottesville within reasonable proximity of the University of Virginia School of Law. No alternate facilities met mandatory Department of Defense Anti-Terrorism Force Protection (ATFP) requirements. A TRADOC study dated 27 July 2010, found that the TJAGLCS, now located on the University of Virginia Grounds met all but one of the UFC standards. The TRADOC study found that UFC Standard 10, regarding windows and skylights, was not in full compliance. TJAGLCS has since entered into a contract to have blast protecting film installed at the facility to meet this requirement. TJAGLCS Commander prepared a memo on the TJAGLCS status related to ATFP requirements and forwarded this up his chain of command for concurrence. The Judge Advocate General of the Army has concurred in the TJAGLCS Commander assessment that the TRADOC study accurately reflected TJAGLCS compliance with the DOD force protection requirements. Other sites, if considered, could also require additional environmental studies, including compliance with the National Environmental Protection Act (NEPA). This could take over two years to complete. 7. Actions to Increase Competition No other suitable existing or developable sites located within reasonable proximity of the University of Virginia School of Law are available and no further actions to increase competition were made. 8. Interested Sources The almost eight acre facility adjacent to the University of Virginia School of Law is the only viable existing facility that meets the basic requirements of TJAGLCS. No other interested sources are known. 9. Technical/Requirements Certification Supporting data is accurate and complete to the best of the government representatives knowledge and belief. 10. Fair and Reasonable Cost Determination The anticipated cost for this leasing action will be fair and reasonable based upon the completion of a Government appraisal and subsequent negotiations.
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