JA Brand Names or Equal_JBLM 9175-Interior Finishes_Redacted.pdf

CENWS Control Number: NWS-2021-223

Justification For Other than Full and Open Competition Repair Building 09175, Permanent Party UH, Joint Base Lewis-McChord, Washington 10 August 2021

JUSTIFICATION

1. Contracting Agency:

U.S. Army Corps of Engineers (USACE), Northwestern Division (NWD), Seattle District (NWS).

2. Description of Action:

Requesting approval to use brand name or equal descriptions, as they pertain to Structural Interior Design (SID) items throughout several specification sections in solicitation W912DW21B0008 to Repair Building 09175, Permanent Party UH, located at JBLM, Washington. In accordance with DFARS 211.104 (1), a justification and approval is required to use brand name or equal purchase descriptions when using sealed bidding or negotiated acquisition procedures

This justification for use of brand name or equal descriptions meets 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) as referenced in DFARS 206.302-1(c)(2), revised 31 May 2019 specifically as it intersects with current UFC 3-120-10, Interior Design

This project consists of repair of approximately 64,540 square foot facility type and scope. This project will repair and reconfigure barracks Building 9175, to align with the current standard for barracks to the maximum extent possible. This repair will allow the 1st Special Forces Group (1SFG) to improve their effectiveness and capability to become fully combat ready by providing a safe and optimal living environmental within the 1SFG area. The new layout for the building has a primary goal of meeting the minimum barracks standard area requirements for a 1/1 dwelling module.

For this Design-Bid-Build project, design was awarded in accordance with the Brookes Act to Design was completed in May 2021. The project is now at 100 percent design, with solicitation scheduled for issue August 2021. The related construction opportunity is to be solicitated as a small business set-aside. The estimated construction cost for this Facilities Sustainment, Restoration and Modernization (SRM) project is

This procurement is being funded with FY 21 SRM funds. The SID items will be procured and installed as part of a firm-fixed price construction contract solicited by invitation for bid. 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.

3. Description of Supplies/Services:

The identified brand/manufacturer name items are intended to indicate the basis of design for the interior finishes only. The specifications used to select these items are non-proprietary and cover all salient performance characteristics; however, manufacturer(s) and product line(s) are identified to be able to establish a color and aesthetic basis of design. The estimated period of performance of this SRM requirement is 365 calendar days.

4. Authority Cited:

This justification meets the requirements of DFARS 206.302-1(c)(2) and DFARS 211.104, which require that the use of brand name or equal product descriptions be documented in accordance with FAR 6.303, despite FAR 6.302-1(c)(2) describing these actions as permitting full and open competition.

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 (or approved equals in this case) and the approval level required will only apply to that portion of the requirement. Please see attached Table 1 for specific brand names items (or equals) for the required interior finished materials, with an estimated total value of

. As such, the contracting officer for the procuring activity is the authorized approval, in accordance with FAR 6.304(a)(1).

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 was designed by a qualified interior designer in accordance with UFC 3-120-10 Interior Design, Chapter 2 paragraph “Interior Designer Qualifications.”

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.

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 is able to 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. Any comparison of functional or performance characteristics will be done against the underlying specifications, not direct comparison to the identified brand name products.

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.

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 who 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.

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 for the eventual construction. 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 sources sought notice required by DFARS PGI 206.303-2(b)(i)(A) for non-competitive actions has NOT been issued for any of the brand name or equal items identified in Table 1 or required for this project. Despite the requirements of DFARS 206.302-1(c)(2) to have an approved justification for use of brand name or equal product descriptions, per FAR 6.302-1(c)(2) these actions are still considered full and open competition.

Additionally, the Government would not gain any benefit from a sources-sought notice and would lose valuable time. The Government stipulates that many products are available that could meet both the performance characteristics of the specifications, and the aesthetic considerations of the SID. 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. The interior designer has done extensive market research for the non-proprietary structural interior design items and has identified a minimum of three manufacturers of equivalent products for each of the items in Table 1.

Finally, the pending invitation for bid solicitation provides for full and open competition among qualified small business participants. Bidders are not restricted to any one source and may offer any products that meet the non-proprietary.

specifications and plans, and are in accordance with the SID, as designed.

7. Market Survey:

Market research was conducted by a qualified interior designer as part of the design effort. An Internet search was used to identify three 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 three 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.

Standardization will provide the ability to seamlessly move providers and peripheral equipment from one location to the next allowing for mission essential functionality.

8. Interested Source:

In accordance with FAR 5.102(a)(6), this justification, redacted as necessary, will be posted to the Government Point of Entry (SAM.gov) at the same time the construction solicitation is issued. Any sources that indicate interest as a result of the posted J&A will be evaluated.

9. Fair and Reasonable Cost Determination:

The anticipated costs to the Government for this contract action are expected to be considered fair and reasonable based on competition of the overall solicitation.

Certified cost or pricing data will not be required as the construction contract in which these included manufacturer/brand names items (or equals) will be awarded based on competition.

10.Other Factors:

a. Procurement History: This is a new acquisition for the repair of Building 9175.

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 the responsibility of the offeror or prime contractor awarded the contract. Applicable subcontracting competition requirements will be included in the solicitation and the resultant contract.