Leasing Alert LA-21-04: Other than Full and Open Competition Class Justification for Urgent Lease Acquisitions

Purpose

This Leasing Alert issues CD-2021-02, Class Justification – Other than Full and Open Competition for Urgent Lease Acquisitions, which replaces the existing class justification referenced in the Leasing Desk Guide Chapters 12 and 23. 

Effective date

This Leasing Alert and its attachments are effective as of April 1, 2021.

Cancellation

The following documents and templates are canceled:

• 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 signed on Nov 5, 1992.

Applicability

This Leasing Alert and its attachment are mandatory and apply to all General Services Administration (GSA) real property leasing activities and to activities delegated by GSA to other Federal agencies. 

Instructions and procedures

The Class Justification may be used for any lease acquisition meeting one or more of the criteria for use listed below:

• To facilitate recovery from an emergency or major disaster declared by the President under applicable statutory authority, including, but not limited to, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the Emergency Assistance Act, and the National Emergencies Act;
• To facilitate disaster preparedness or response;
• To facilitate recovery from a cyber, nuclear, biological, chemical, or radiological attack;
• To facilitate the preparedness or response to health, safety, or other issues which so adversely impact the mission of an agency in a government controlled location as to necessitate the agency’s expeditious relocation.

Note that the attached class justification is limited to lease acquisitions—

• with a total period of performance no longer than one (1) year, unless exceptional circumstances exist (see Attachment B of the class justification); and
• with a total contract value up to the prospectus threshold, unless a higher threshold is approved by the HCA.

Also, as a reminder, LCOs should ensure the contract file includes documentation as outlined in the class justification, including the certification as outlined Attachment C of the class justification. Additional instructions and procedures on the use of Unusual and Compelling Urgency authority can be found in Chapters 12 (FEMA Disaster Leasing) and 23 (Lease Acquisitions Using Unusual and Compelling Urgency) of the Leasing Desk Guide. 

Attachments

Attachment 1, Class Justification CD-2021-02 with attachments