JA -Milford Granite.pdf

Control No. TBD

JUSTIFICATION REVIEW DOCUMENT FOR OTHER THAN FULL AND OPEN COMPETITION

CONTROL NO. TBD

PROJECT/EQUIPMENT: Cullum Hall Renovation, West Point, NY/Exterior Granite

AUTHORITY: 10 U.S.C. § 2304(c)(1) AMOUNT: $100,000

Prepared By:

NAME/TITLE: Joel Samuel, Technical Manager

TELEPHONE: 917-790-8295

DATE:

Contracting Officer

NAME/TITLE: Francis Cashman, Contracting Officer

TELEPHONE: 917-790-8173

Requirements

NAME/TITLE: Diana Trombly, Project Manager

TELEPHONE: 917-790-8249

SIGNATURES ARE REQUIRED BELOW

I have reviewed this J&A and find the justification adequate to support other than full and open competition.

District Small Business Specialist

NAME: Justin Helfman

TELEPHONE: 917-790-

SIGNATURE

Project Manager

NAME: Diana Trombly, Project Manager

TELEPHONE: 917-790-

Office of Counsel

NAME: Lorraine Lee

TELEPHONE: 917-790-8055

DCC/CCC Contracting Chief

NAME: Francis Cashman

TELEPHONE: 917-790-8173

JUSTIFICATION AND APPROVAL

REVIEW

FOR OTHER THAN FULL AND OPEN COMPETITION

FOR:

Milford Granite for the Exterior of

Cullum Hall West Point, NY

09 February 2021

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

Milford Granite for the Exterior of Cullum Hall West Point, NY

1. CONTRACTING ACTIVITY:

The U.S. Army Corps of Engineers (USACE), New York District (NAN), Contracting (CT), 26 Federal Plaza, New York, NY 10278.

2. DESCRIPTION OF ACTION:

This Justification and Approval (J&A) supports the use of brand name components in an upcoming construction project. The government will not purchase the components directly, but rather will require that offerors include Milford Granite from Fletcher Granite’s quarry located in Milford, New Hampshire, as part of proposals submitted in response to a design-bid-build solicitation that will lead to the award of a new firm-fixed-price (FFP) construction contract.

USACE is responsible for the acquisition and administration of the construction contract to Funding for this acquisition will be Sustainment, Restoration, Modernization (SRM). The FFP construction contract for the Cullum Hall Renovation will be solicited and awarded as a best value trade-off procurement in accordance with FAR Part 15.

3. DESCRIPTION OF SUPPLIES/SERVICES:

The requirement is to provide Milford Granite for repairs to Cullum Hall. The Milford Granite will enable Cullum Hall to continue to aesthetically fit-in with the existing historic buildings nearby and blend any new repairs where the granite will be used with the existing granite façade. The estimated total cost for the construction portion of this project is $40,000,000. The estimated cost of the requested brand-name requirement for Milford Granite is estimated at $100,000. The estimated period of performance is 730 calendar days.

4. AUTHORITY CITED:

10 U.S.C. § 2304(c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, as implemented by FAR 6.302-1(c), Application for Brand Name Descriptions. In accordance with FAR 6.302-1(c), the Contracting Officer will specify that all offerors be required to procure an item peculiar to one supplier (brand-name item).

5. REASON FOR AUTHORITY CITED:

A. Background:

The United States Military Academy at West Point is a designated historical landmark. The location was first used by the Continental Army in 1787 as a fort to prevent the British from utilizing the Hudson River for shipping. West Point was then turned into a military artillery and engineering school in 1797. Then West Point was designated as the location for the United

States Military Academy in 1802. As a historic district, all changes to the area need to have New York's State Historic Preservation Office (SHPO) approval. Subsequently, due to the historical nature of the site and the SHPO requirements, the Milford Granite is the only product available to meet the standards and site viewshed preservation of the historical site as per SHPO requirements. Changes that need approval include any exterior change to an existing building, any new building, site work and demolition. SHPO’s intent is to ensure changes do not have an adverse effect on the historic nature of the United States Military Academy (USMA) landmark district.

Cullum Hall is in the historic district at West Point. All major buildings in this area of West Point are clad with granite. Cullum Hall is clad with pink Milford Granite. Small repairs are proposed by replacement of granite thus the need to procure the same.

B. Justification:

As part of the required National Environmental Policy Act (NEPA) review process, the project needed to receive approval from West Point Environmental Office in accordance with the SHPO process. The Cullum Hall project needs to continue to look like it belongs in the West Point Historic Landmark District. To meet this requirement, repairs and replacement of granite will be with pink Milford Granite which is sourced at Fletcher Granite located in Milford, New Hampshire.

C. Alternatives:

While there are numerous granite quarries, granite is not a manufactured product with salient technical specifications or characteristics. Granite is a natural resource, and the appearance of granite will vary from quarry to quarry. Use of an alternative stone (natural or manufactured) would have made matching the existing impossible and impact the historic restoration of Cullum Hall.

D. Impact:

If a granite other than Milford Granite is used for exterior cladding repairs of Cullum Hall the facility will not appear to aesthetically belong in the designated West Point Historic Landmark District and the repair locations will not match the existing building facade. The impacts associated with this would involve additional consultation with the SHPO and the need to determine alternate means to mitigate/repair granite or not repair the granite at all. This would risk water damage to the new renovated facility which would result in failure to meet governmental requirements.

6. EFFORTS TO OBTAIN COMPETITION:

The brand name product has been published as required by FAR 5.201, a Notice of Intent (NOI) to determine sources for this system was synopsized on 27 October 2020. No responses were received for the Notice of Intent. The brand name justification and approval will be posted with the solicitation. As stated in paragraph 5 above, Milford Granite is the only brand available to ensure aesthetic compatibility for Cullum Hall and within the West Point Historic Landmark District and meet the project’s current NEPA and SHPO requirements. Milford Granite is available on the open market for purchase and installation by all offerors.

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 determine sources for this system was synopsized on 27 October 2020. The NOI was published for the required 15 days in betaSAM. There were no responses to the NOI. Additional research was not done besides the NOI.

9. INTERESTED SOURCES:

There were no responses to the NOI posting. The solicitation will be will be synopsized in accordance with FAR 5.201 and responses will be evaluated per FAR Part 15.

10. OTHER FACTS:

All pertinent facts are included above.

11. TECHNICAL CERTIFICATION:

“I certify that the supporting data under my cognizance which are included in the justification and approval are accurate and complete to the best of my knowledge.”

Name: Joel Samuel Date:

Title: Technical Manager

12. REQUIREMENTS CERTIFICATION:

“I certify that the supporting data under my cognizance which are included in the justification and approval are accurate and complete to the best of my knowledge.”

Name: Diana Trombly Date:

Title: Military Programs Branch Project Manager

13. FAIR AND REASONABLE COST DETERMINATION:

“I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. This determination is based on the Independent Government Cost Estimate, the items being procured, and historical data.”

Name: Francis Cashman Date:

Title: Contracting Officer

14. CONTRACTING OFFICER CERTIFICATION:

“I certify that this J&A is accurate and complete to the best of my knowledge and belief.”

Name: Francis Cashman Date:

Title: Contracting Officer

APPROVAL

Based on the foregoing justification, I hereby approve the brand name requirement for Milford Granite from Fletcher Granite’s quarry located in Milford, New Hampshire, for the Exterior Façade, estimated at $100,000 in support of the Cullum Hall Renovation Project at West Point, NY as authorized by 10 U.S.C. § 2304(c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, and as implemented by FAR 6.302-1(c), Application for Brand Name Descriptions, subject to availability of funds and provided that the product herein described has otherwise been authorized for this acquisition.

Date: Signature:

Francis Cashman

Contracting Officer