JA Brand Name or Equal AIT Barracks.pdf

WILLIAMS.LAURE

N.M.1502408298

Digitally signed by

WILLIAMS.LAUREN.M.150240829

Date: 2021.05.17 13:22:37 -05'00'

Date: 2021.05.17 13:40:09 -05'00'

2021.05.17 14:41:06 -05'00'

OTHER THAN FULL AND OPEN COMPETITION JUSTIFICATION

1. Contracting Agency:

U.S. Army Corps of Engineers (USACE), Tulsa District, Contracting Division, Tulsa, OK 74137 (SWT).

2. Description of Action:

Approval is being requested to use brand name or equal descriptions as it pertains to the Structural Interior Design (SID) items throughout several sections in Solicitation W912BV21R0003 for a new firm-fixed price (FFP) stand-alone construction contract for the project titled Advanced Individual Training Barracks, Phase II – PN 075953, FY21.

The justification for use of brand name or equal descriptions, as outlined herein, is being completed to meet all intents of the requirements under the law, and for the purpose of full transparency, regarding the implementation of section 888(a) of the National Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114-328) specifically as it intersects with current UFC 3-120-10, Interior Design.

This project consists of construction of a new approximately 180,000 SF barracks for 600 Soldiers to include: building information systems, fire protection and alarm systems, ARMS vault construction, FEMA and ICC 500 storm shelter, extensive fire separation requirements, video surveillance system installation, Intrusion Detection System (IDS) installation, and Energy Monitoring and Control Systems (EMCS) connection. Special foundations are required. Supporting facilities include site improvements to include a canopy for covered hardstand, utilities and connections, lighting, paving, parking, walks, curbs and gutters, storm drainage, information systems, landscaping, and signage. Heating and air conditioning will be provided by self-contained systems and will incorporate geothermal wells and hybrid geothermal system integration Measures in accordance with the Department of Defense (DoD) Minimum Antiterrorism for Buildings standards will be provided. Comprehensive building and furnishings related interior design services are required. Access for individuals with disabilities will be provided. Cyber security measures will be incorporated into this project. Sustainability/energy measures will be provided.

This Design-Bid-Build opportunity will be solicited as an unrestricted competitive requirement. The solicitation is schedule to be posted on 14 June 2021. The cost magnitude of the construction cost for this MILCON project is between $50,000,000 and $100,000,000.

The identified brand/manufacturer or equal items are intended to be examples for the basis of interior design to help ensure visual integrity of the new building’s interior finishes. The SID will be procured and installed as part of a firm-fixed-price, design-bid-build construction contract. This procurement is being funded with FY 20 MILCON funds.

3. Description of Supplies/Services:

The identified brand/manufacturer name items are intended to solely indicate the basis of design for the interior finishes. The specifications are non-proprietary;

however, manufacturer(s) and product line(s) are identified to be able to establish a color and aesthetic basis of design. The estimated total value of the identified items covered by this justification memo is $1,057,063.42. The estimated period of performance of this MILCON requirement is 690 calendar days. The estimated value of each manufacturer/brand name items (or approved equal) is listed in attached Table 1.

4. Authority Cited:

10 U.S.C. 2304(f), as implemented by FAR 6.302-1(c)(1)(ii) and DFARS 206.302- 1(c)(2), “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.” This justification applies only to the brand name or equal products for the potential award of the solicitation action as specified herein.

Please see attached Table 1 for specific brand names or equals for the required interior finished materials.

UFC Requirements: (reference UFC 3-120-10, paragraph 4-5.1).

The interior designer must provide all finish and color selections including finish code, manufacturer’s materials, textures, patterns, color names and numbers for all interior finishes and specialties which will be exposed to view in the finished construction. The Government will direct which of the following methods to use.

Disclaimer required: (reference paragraph 4-5.1.2):

The Government prohibits the use of proprietary materials, finishes and colors. A disclaimer must be used on the drawings or in the specifications indicating materials and colors are shown for reference only. However, it is important to use specific manufacturer, finish, and color information to establish a frame of reference in the development of the SID. Reference UFGS 09 06 00 Schedules for Finishes for the appropriate disclaimer to use that addresses this issue when developing the SID.

FAR 6.302-1(c)(1)(ii) identifies that a justification is required to only cover the portion of the acquisition which is brand-name or peculiar to one manufacturer and the approval level required will only apply to that portion of the requirement. As such, the Advocate for Competition (AFC) for the procuring activity is the authorized approval pursuant to FAR 6-304(a)(2). In accordance with (IAW) UAI 5106.304 Approval of the Justification (2), The Senior Contracting Official (SCO), serving as the USACE

Alternate AFC under UAI 5106.501(1), is the signatory authority for contract actions within the threshold identified in FAR 6.304(a)(2).

The justification, as identified herein, is drafted to meet the requirements of DFARS 211.104, despite the uncertainty regarding its implementation as it relates to structural interior design in construction project(s). For example, the solicitation provides for full and open competition, is not restricted to any one source, and the specifications and plans are non-proprietary. Despite this, DFARS PGI 206.302-1(d) requires a sources sought/RFI be posted. The USACE interior designer has identified multiple sources that meet the non-proprietary salient characteristics identified in the design, and all brand names are solely for illustrative purposes to indicate the intended design aesthetic.

5. Reasons for Authority Cited:

a. Background: The SID of a facility includes building-related design elements and components generally part of the building itself, such as walls, ceilings, floor coverings, primary window treatments (blinds, shades and drapery hardware), signage and built-in casework. The interior designer must determine the desired interior finish materials based on the respective aesthetic, durability and maintenance qualities, and characteristics applicable to each space within the facility. The SID will be designed by a qualified interior designer in accordance with UFC 3-120-10 Interior Design, Chapter 2 paragraph “Interior Designer Qualifications.”

b. Justification: Under the current UFC, the SID of a building is to be fully coordinated by a qualified interior designer. The selection of the basis of design, the color aesthetic and visual integrity will be upheld and coordinated throughout the facility. The finishes chosen are fully synchronized to provide a cohesive interior to support the building requirements. Per UFC 3-120-10, Chapter 2;

“Designers must consider interior design compatibility with the local environment, functional requirements, economy of construction, energy conservation, interior details, sustainable design and life cycle costs. Additionally, the interior design must be designed in harmony with the architectural character of existing facilities that are to remain, especially those that are considered historically or architecturally significant and must comply with the installation aesthetic. Design excellence must not add substantial project costs but balance the functionality, aesthetics, quality, sustainability and maintainability of facilities.”

As required by the UFC, non-proprietary specifications were developed to identify the performance characteristics of the respective required design elements.

Manufacturer and product names are identified solely to provide a basis for the color, pattern, and visual integrity of the respective finishes. By providing this basis, the contractor can determine if the product submitted for approval will meet the building aesthetic. This will lead to an overall coordinated, structural interior design for the entire building as intended by the qualified interior designer. Again, it is important to note that the specifications are non-proprietary and that manufacturer names are illustrative for coordinated design aesthetics only.

Example: Carpet tiles come in a variety of colors and patterns. The technical specifications such as ounce weight, durability, coloring and tufting etc., can all be described as non-proprietary performance criteria. However, color and pattern of each carpet’s unique characteristics of the manufacturer and product line are difficult to show without visual examples. If the manufacturer and product line is provided with the solicitation, the offeror will have a basis for color and visual of the intended aesthetic.

By listing the basis of design for the intended SID finishes, the designer can verify the performance specifications and visual requirements are met for the overall building. Alternates may be submitted and approved if these meet the requirements of the specifications and overall color and building aesthetic.

Quality interior design is value added to a project as it vitally improves facility operating efficiency, attractiveness, livability, functionality, life-cycle economics, and the productivity of the users.

Under a typical design-bid-build contract, each individual subcontractor submits the specification only applicable to its product line (ex: tile) and is not required to coordinate with other finishes (ex: paint or other flooring) – and the prime contractor is not required by the specifications to have a qualified designer on its staff to coordinate all the finishes chosen by each of the respective subcontractors.

c. Alternatives: The only potential alternative would have been to convert the procurement into a design-build procurement without complete designs and require the effort of a qualified interior designer whom must meet the requirements set forth in UFC 3-120-10 Interior Design, Chapter 2 paragraph “Interior Designer Qualifications.” Utilizing a basis of design is a critical component of designing complete and coordinated structural interior design under the current UFC. It is impracticable to fully design a system to meet requirements without assumptions of material specifications, especially given the numerous individual subcontractors supplying their respective items.

The second alternative considered would have been to rewrite the specifications to remove brand name/manufacturer references from the solicitation. This alternative is not currently feasible based on current UFC guidance which requires USACE to coordinate the interior design effort.

d. Impact: Providing the make and model of materials 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 at the same time, maximizes competition. If the 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 would increase the potential costs of the acquisition due to uncertainties of the offeror and subsequent required post award coordination.

6. Efforts to Obtain Competition:

The USACE interior designer has done extensive market research for the non-proprietary structural interior design items and has identified a brand name manufacturer for each of the items in Table 1. Further, a Sources Sought was posted to Beta.SAM on 30 April 2021 and closed on 14 May 2021; however, no responses were received. . While no responses were received, it is important to reiterate that the specifications are non-proprietary, with brand/manufacturer names identified for illustrative purposes only, and that if any responses were received, they would have been forwarded to the interior designer for review.

7. Actions to Increase Competition:

A Sources Sought was posted to Beta.SAM on 30 April 2021 through 14 May 2021.

There were no responses to the sources sought; however, this requirement is being posted as an unrestricted full and open competitive requirement and it is anticipated that small business subcontracting opportunities will exist.

8. Market Research:

Market research was conducted by searching the web to identify vendors for the purpose of market research. The research consisted of reviewing the product catalogs, sample books and websites for similar finishes and colors. The vendors were able to provide comparable products which met the performance and visual specifications of the solicitation. Should another vendor’s product be chosen, the qualified interior designer will be required to approve the submittal to verify coordination with all other SID finishes.

9. Interested Source:

In accordance with FAR 5.102(a)(6), this justification will be posted to the Government Point of Entry (beta.sam.gov) at the same as the solicitation is issued.

10. Other Factors:

a. Procurement History: This is a new acquisition for construction of the Advanced Individual Training Barracks – Phase II with the ability to provide 600 Soldiers living space.

b. Acquisition Data Availability: Not applicable.

c. Unusual and Compelling Urgency: Not applicable.

d. Subcontracting Competition: Subcontracting opportunities exist for suppliers, distributors and/or installers. Subcontracting competition will be the responsibility of the offeror or prime contractor awarded the contract. A Subcontracting plan is a requirement for large businesses in the solicitation and the resultant contract.

JUSTIFICATION REVIEW DOCUMENT

FOR OTHER THAN FULL AND OPEN COMPETITION

Structural Interior Design (SID) Items, Advanced Individual Training (AIT) Barracks Complex Phase 2, USACE, Southwestern Division

CONCURRENCE:

KEITH S. FRANCIS Date SWD Counsel

FRANCIS.KEITH

.S.1230945809

Digitally signed by

FRANCIS.KEITH.S.1230945809

Date: 2021.05.27 13:00:23 -05'00'

AIT J&A

SPEC CODE DESCRIPTION INDIVIDUAL COST QTY. UOM TOTAL MATERIAL COST MANUFACTURER NAME REMARKS

06 41 16 PL-1 High Pressure Decorative Laminate $ 919.33 164 EA $ 135,889.50 WILSONART 5th Ave / West Elm 7966 casework

09 30 10 PWTB-1 Porcelain Wall Tile Base $ 10.95 2058.24 LF $ 9,989.58 CROSSVILLE Empire / Empress Silver RR, scrub room, laundry

PWT-1 Porcelain Wall Tile $ 6.96 63173.12 SF $ 248,067.12 Empire / Empress Silver RR, scrub room, laundry

WTG Wall Tile Grout use with PWT

09 64 23.13 SRF Seamless Resinous Flooring $ 6.80 14924.8 SF $ 61,718.28 STONHARD Stonshield / Driftwood RR, scrub room, laundry

09 65 00 LVT-1 Luxury Vinyl Tile $ 6.26 7307.52 SF $ 42,323.08 INTERFACE Level Set / Chestnut Offices / Dayroom

LVT-2 $ 2.77 5721.6 SF $ 13,188.88 SHAW Shift / Evolve Computer Lab

LVT-3 $ 2.15 4773.12 SF $ 8,016.92 PATCRAFT Letterpress / Ampersand Multipurpose Classroom

SDT Static Dissapative Tile $ 6.16 783.36 SF $ 4,800.14 Roppe Statdefend / Nuetron Grey telecom

RB-1 Rubber Base $ 1.87 10212 LF $ 11,119.26 Pinnacle / Dolphin

09 72 00 WC Wall Covering $ 1.76 8878.08 SF $ 9,255.48 Wolf Gordon Capella / Silt DayRooms (see IN405)

10 21 13 TP Toilet Partitions $ 785.88 22 EA $ 14,525.62 Scranton Hiny Hiders / Charcoal Grey Multipurpose RR

10 26 00 CG-1 Corner Guard $ 16.58 3940 LF $ 48,833.42 Acrovyn Spanish Moss / 521 dormitory rooms

CG-2 Pearl / 934 corridoors

WP-1 Wall Protection $ 15.65 1086 LF $ 13,900.48 Pearl / 934 corridoors

10 51 13 LK-1 Locker - Single Tier $ 592.93 48 EA $ 25,576.22 Bradley Corp. Lenoxlocker / Charcoal Grey Platoon Sargent

LK-2 Locker - Bench $ 573.10 64 EA $ 35,213.62 Lenoxgear / Charcaol Grey first floor

12 36 00 QTZ-1 Quartz $ 132.23 328 LF $ 29,635.04 WILSONART Pompeii / Q1007 casework

QTZ-2 Karekare / Q3015 Computer Lab

TZ-1 Terrazo Tile $ 16.44 $ 16.72 25655.04 SF $ 341,636.10 Nurazzo Marble Line / Desert Sand corridoors

TZB-1 Terrazo Tile Base $ 16.72 $ 16.72 corridoors

09 90 00 STN-1 STAIN $ 27.35 796 EA $ 3,374.68 SHERWIN WILLAIMS Minwax 250 / Weathered Oak door and frame

*PLEASE DO NOT INCLUDE MARK UPS*

MATERIAL COST(both buildings) $ 1,057,063.42