JA (Architectural Basis of Design) Maxwell AFB B.1455 Nose Bay Hangar Renovation_Redacted.pdf

Control Number: LRL the general note that is prominently displayed on the schedule sheets indicates, the contractor is free to use any product which meets the government’s minimum requirements and are not in conflict with other contract provisions, and that other manufacturers may be substituted as long as the standard of quality and characteristics of the substituted manufacturer meet or exceed the standard of quality and characteristics of the basis of design. Because each manufacturer’s product has slightly different characteristics (eg. dimensions), to achieve a 100% design within a reasonable amount of time it is necessary to use one product as the basis of design. To not do this would leave such ambiguity in the design that it would not have sufficient detail necessary to complete the contract. We are not at all attempting to limit competition, but rather are simply being “up front” about this essential facet of the design process.

c. As all the components of a system must work together and function as a system, the basis of design of each individual component may change based on substitution. The standard of quality must remain the same as the USACE design.

In addition to a functional system, the products used as the basis of design for the subject project also fit within a specific footprint.

Competition is only limited to the extent necessary to meet the government legitimate needs of this project. Contractors are free to use any product which meets the government’s minimum needs. As indicated on the plans and specifications “all listed manufacturers are the basis of design. Other manufacturers may be substituted as long as the standard of quality and characteristics of the substituted manufacturer meet or exceed the standard of quality and characteristics of the basis of design. Reference FAR clause 52.236-5, Material and Workmanship.

The Materials and Workmanship clause reiterates this point: “References in the drawings and specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition.” The Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting Officer, is determined to be equal through formal evaluation comparison against the specified salient characteristics as provided by the written specifications for each piece of equipment, material, article or process.

Because each manufacturers’ product has slightly different specifications, to achieve a 100% design, it is necessary to use one product (in each of the two (2) instances here it is necessary) as the basis of design. This is because to achieve 100% design, you must consider factors such as mounting bolt locations, electrical requirements/connections, enclosure dimensions, and physical dimensions, as examples and among others. While similar, these elements vary among manufactures and not utilizing one component as the basis of design would leave such ambiguities in the design that it would not have sufficient detail necessary to compete a Design-Bid-Build contract.

d. Alternatives. The only potential alternative would be to convert the procurement into a design-build procurement without complete designs. Utilizing a basis of design as assumptions is a critical component of designing complete, functional mechanical and electrical systems. It is impossible to fully design a system to meet requirements without assumptions of specific equipment specifications. The alternative to providing assumptions of equipment and the make and model of the basis of design is to solely list the standard of quality and all characteristics whereby the Contractor can design their own system.

e. Impact. Providing the make and model of equipment used as the basis of design is an industry standard necessary to complete a 100% design needed for a Design-Bid-Build procurement. Design-Bid-Build procurements ensure that the government has maximum control over the design of the requirement and maximize competition amongst offerers. If the

Control Number: LRL basis of design elements here were not permitted to be used, it would effectively limit the ability of the government to control the design and impact competition.

6. Efforts to Obtain Competition. Competition is obtained to the maximum extent practical while meeting the agency’s requirements by utilizing a specific product only to the extent it is necessary to complete the 100% design, while allowing contractors to use the brand-named or any other product which meets the government’s minimum characteristics and standards of quality.

7. Actions to Increase Competition: This J&A supports a discrete requirement that will end when the project is complete. Therefore, there are no planned actions to increase competition for the requirement covered by this J&A.

8. Market Research: A Notice of Intent (NOI) to Sole Source was posted to FBO by the District on 6 December 2022. Based on involvement of experts in the field, knowledge of the market, review of product availability, and discussion with multiple manufacturers, there is more than sufficient products available to meet project needs. Items listed in the project plans and specs are provided solely as the necessary basis of design.

9. Interested Sources: Pending responses to the NOI posting. The solicitation will be synopsized in accordance with FAR 5.201, and responses will be evaluated per FAR Part 15.

10. Other Factors: None.

11. Technical Certification

12. Requirements Certification

13. Contracting Officer Certification and Fair and Reasonable Price Determination:

14. Legal Review and Concurrence: