JA_NAN Brand Name_Sprung Structure.pdf

Page 1 of 11 CONTROL NO:001

JUSTIFICATION REVIEW DOCUMENT

OTHER THAN FULL AND OPEN COMPETITION

PROJECT/EQUIPMENT: FY21 Unspecified Minor Military Construction, Army Project Number 94363/Sprung Instant Structure CONTROL NO: 001

AUTHORITY: 10 U.S.C. 2304 (C) (1) AMOUNT: $780,000

PREPARED BY:

CONTRACT SPECIALIST

NAME: Sandra Schenning

PHONE:917 790 8177

DATE:

CONTRACTING OFFICER

NAME: Francis Cashman

PHONE: (917) 790 8173

DATE:

TECHNICAL

NAME: William Maher

PHONE: (917) 790 8584

DATE:

REQUIREMENTS

NAME: Diana Trombly

PHONE: (917) 790 8676

DATE:

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

SIGNATURE:

NAME: Justin Helfman

DATE:

PHONE: (917) 790 8004

PROJECT MANAGER

SIGNATURE:

NAME: Diana Trombly

DATE:

PHONE: (917) 790 8676

DISTRICT COUNSEL

SIGNATURE:

NAME: Lorraine Lee

DATE:

PHONE: (917) 790 8055

DISTRICT CONTRACTING CHIEF

SIGNATURE:

NAME: Francis Cashman

DATE:

PHONE: (917) 790 8173

COUNSEL FOR SCO ATL

SIGNATURE:

NAME: Tristan Brown

DATE:

PHONE: (202) 761 8541

SCO ATLANTA/ALTERNATE SCO

SIGNATURE:

NAME: Kimberly Marshall

DATE:

PHONE: (404)562 5053

Page 2 of 11 CONTROL NO:001

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

2. Description of the Action: This Justification and Approval (J&A) supports the use of a brand name component in an upcoming construction project. The government will not purchase the component directly, but rather will require that offerors include Sprung Instant Structure from Sprung Instant Structures, Inc. as part of proposals submitted in response to a design-build solicitation that will lead to the award of a new firm-fixed-price (FFP) construction contract. The unspecified minor military construction project being procured is located at the United States Military Academy (USMA) at West Point, NY. USACE is responsible for the acquisition and administration of the new construction contract to build the new General Instructional Building at West Point, NY. The construction contract shall be procured via a competitive Request for Proposal (RFP) solicitation. Funding for this acquisition will be unspecified minor military construction (10 U.S. Code § 2805). The FFP construction contract for the new General Instructional Building will be advertised under solicitation number W912DS21R0TBD, utilizing the one-step turn-key design-build selection procedures (conducted using FAR Part 15) for this authorized military construction project, allowing all eligible firms to compete for the award Set- Aside for Small Business.

3. Description of Supplies/Services: The requirement is to provide a pre-engineered building frame and shell product with these salient characteristics:

Government Requirement Item #

Government Requirement Item Description

1 The form of the building frame and shell product shall be sympathetic and well-integrated with the existing gothic revival architecture at the United States Military Academy at West Point, NY.

2 The form of the building frame and shell product shall not resemble a permanent building.

3 The building frame and shell product shall be available with customizable colors and patterns on the exterior faces.

4 The manufacturer of the building frame and shell product shall not require the construction labor forces nor maintenance labor forces to be affiliated with the building frame and shell manufacturer.

5 The building frame and shell product shall include a twenty-five

(25) year warranty/guarantee on the integrity of the frame and the weather-tight envelope.

6 The building frame and shell product shall be customizable to allow the design-build contractor to integrate other building enclosure systems, such as masonry, metal, or glass, into the whole building design while maintaining the warranty/guarantee on the building frame and shell product.

7 The building frame and shell product shall not include combustible materials. The materials included in the building frame and shell product shall be consistent with Construction

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Classification TYPE IA, TYPE IB, TYPE IIA, or TYPE IIB.

8 The building frame and shell product shall be compatible with a mat/monolithic slab on grade foundation system.

9 The structural system included with the building frame and shell product shall be engineered to comply with the criteria of Risk Category II, III, IV, or V as appropriate for the project location.

The product must be designed to withstand seismic, snow and ice forces in a manner that adequately protects human life and the

10 The structural system included with the building frame and shell product shall be capable of carrying pipes, ductwork, lighting, and cabling suspended from the overhead frame.

11 The building frame and shell product shall provide a clear column-free interior space spanning across the entire length and width of the building.

12 The building frame and shell product shall produce an envelope which mitigates air leakage. The building frame and shell product shall include a continuous air barrier compliant with United Facilities Criteria (UFC) 3-101-01 with air leakage rate not exceeding 1.25 L/s-m2.

13 The building frame and shell product shall mitigate outdoor noise which would distract the occupants. The Outdoor/Indoor Transmission Class (OITC) rating of the building frame and shell product shall be minimum 40.

14 The building frame and shell product shall be certifiable for the Silver rating level in the Leadership in Energy and Environmental Design for Building Design and Construction (LEED BD+C) rating system for Schools or New Construction. Thus, the building frame and shell product shall have demonstrable previous use in a completed and certified LEED BD+C Silver, Gold, or Platinum project.

Page 4 of 11 CONTROL NO:001

The estimated total cost for the construction portion of this project is $5,558,600. The estimated cost of the requested brand-name requirement for Sprung Instant Structure is estimated at $780,000. The required period of performance is 518 calendar days for the construction of the new General Instructional Building, based upon an analysis of the total work required, estimated production rates and site availability. The Government does not anticipate including any Options in the solicitation.

4. Authority Cited: 10 USC 2304(c)(1), as implemented by FAR 6.302-1(a), Only One Responsible Source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited: Sprung Instant Structures Inc. is the only responsible source for a unique and innovative product not otherwise available to the Government which satisfies the requirements.

a. Background. The new General Instructional Building will be a non-permanent, non-standard

United States Military Academy at West Point is a designated National Historic Landmark District, and The Plain is a significant historic landscape feature within the National Historic Landmark District. In 2003, U.S. Army Garrison West Point and the New York State Historic Preservation Officer (NYSHPO) signed a memorandum of agreement which precludes the construction of any new, permanent facility or structure on The Plain. A programmatic agreement with the NYSHPO was signed on 4 November 2019 permitting construction and use of the new General Instructional Building for a period of 25 years, after which the site is to be returned to previous conditions by demolition/removal of the new General Instructional Building. In 2019, NYSHPO re-iterated the requirement to avoid an architectural form/style which resembles a permanent building.

b. Justification. The Sprung Instant Structure from Sprung Instant Structures Inc. is the only commercially available pre-engineered building frame and shell product which satisfies the technologies which enable them to deliver a technologically advanced building frame and shell product not available from any other source. The Government does not require the patented parts per se; the Government requires the characteristics of the building frame and shell system which only exist because the two patented parts are integrated into the design of the building frame and shell system.

Government Requirement Item # and Recap

Discussion of the Government Requirement and Application of the Requirement to the Sprung Instant Structure

1. sympathetic and well-integrated with gothic revival architecture

The project site is located within the National Historic Landmark District at West Point. The nearest buildings include Jefferson Hall, Bartlett Hall, and Eisenhower Barracks. Two of those three are gothic revival buildings, and the third is a 21st century building with architectural features sympathetic and well-integrated with gothic revival architecture. The form of the Sprung Instant Structure is the shape of a pointed arch, an arch with a pointed crown, whose two curving sides meet at a relatively sharp angle at the top of the arch. The pointed arch form is a common motif found worldwide in gothic buildings and gothic revival buildings, and the pointed arch form is found in the window and door openings of all three of the nearby existing buildings. The new non-permanent building will not truly resemble a gothic revival building; the Government requires only that the new non-permanent building architecture be sympathetic and well-integrated with the surroundings.

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2. cannot resemble a permanent building

If the Government were to construct a new non-permanent building which resembles a permanent building, that would give rise to a perceived breach of the 2003 NYSHPO memorandum of agreement. The appearance of the Sprung Instant Structure gives the viewer a sense of impermanence.

3. customizable colors and patterns for the exterior

West Point requires the exterior appearance of the new building to be integrated with local themes, such as school colors, the Long Grey Line metaphor, or the Go Army slogan. The Sprung Instant Structure fabric shell can be manufactured with appropriate colors and patterns.

4. labor unaffiliated with manufacturer

West Point will not agree to a non-competitive long-term maintenance contract with a building frame and shell manufacturer. And the Government will obtain competition in construction by avoiding a commitment to use a certain building be assembled and maintained by any labor force under qualified supervision.

5. twenty-five year warranty/guarantee West Point requires the new non-permanent building for twenty-five years.

The expected lifespan of a typical pre-engineered metal frame and fabric shell building is not twenty-five years unless accompanied by an aggressive maintenance program. Therefore, in order to prevent West Point from succumbing to an overly burdensome maintenance program, the Government requires the new building frame and shell product to provide a twenty-five year warranty on the frame and weather-tight envelope. The Sprung Instant defects for the membrane shell and frame.

6. customizable design to adjoin other building enclosure systems

West Point requires doors, windows, awnings, and wall finishes suitable for a faculty office building at a premier institution of higher education. The design of doors, windows, awnings, and wall finishes will be the responsibility of the design-build contractor. Therefore, the building frame and shell product must include pre-engineered details that allow the design-build contractor to execute on the requirement to provide high quality doors, windows, awnings, and wall finishes compatible with the building frame and shell system. The Sprung instant Structure includes such pre-engineered details.

7. no combustible materials

When combustible materials are used in the structural design of a new building, the size of the building will be limited to ensure quick egress, and the setback distance from the nearest structure will be increased to prevent fire from jumping from one structure to the next. Because West Point requires a specific building size on a specific site near other buildings, the design must use materials consistent with Construction Classification TYPE IA, TYPE IB, TYPE IIA, or TYPE IIB. The Sprung Instant Structure is built with materials consistent with Construction Classification TYPE IIB.

8. compatible with slab on grade foundation

The building occupancy requires a concrete floor slab, and the subsurface conditions found at the site led the geotechnical engineer to specify a mat/monolithic slab on grade foundation. Therefore, the ground floor slab will be the building foundation, and any building frame and shell product used will have to be compatible with that type of foundation system. The Project Delivery Team (PDT) has two other reasons for specifying a mat/monolithic slab on grade foundation. First, the building is located on an archaeologically sensitive site where artifacts and other archaeological data may exist in the subsurface soils. To minimize archaeological disturbance, the mat/monolithic slab on grade foundation provides the shallowest and least intrusive subsurface method. Second, the PDT must avoid giving the impression of foundation permanence by avoiding any sort of robust or massive foundation system which would be suitable for a permanent institutional building. The Sprung Instant Structure includes pre-engineered details for attachment to slab on grade foundation.

9. structural risk UFC 3-301-01 allows the lowest risk category, Risk Category I, to apply only to certain structures that represent a low hazard to human life in the event of

Page 6 of 11 CONTROL NO:001 tolerance failure, including, but not limited to: agricultural facilities, certain temporary facilities, and minor storage facilities. The project structural engineer of record has determined that the new building will be required to comply with Risk Category II criteria because the project is not eligible for consideration under Risk Category I. The Sprung Instant Structure can be engineered accordingly.

10. suspended loads

The scope of the project requires the new building to be provided with heating, ventilation, air conditioning, lighting, plumbing, sprinklers, telecommunications, etc. In order to construct those systems, pipes, ducts, lighting, and cables will need to be hung from the building frame. The Sprung Instant Structure is capable of carrying those suspended loads.

11. clear column-free span course of the next twenty-five years, the faculty will be displaced into the new non-permanent building. Over the course of twenty-five years, the new non-permanent building will host at least five different cohorts of displaced faculty.

Each cohort will require its own furniture, fixtures and equipment arrangement within the non-permanent building. The clear column-free span of the new non-permanent building will provide the flexibility within the interior space to allow each faculty cohort to set up the space as they require. The Sprung Instant Structure provides interior column-free space through the entire span of the building.

12. continuous air barrier

UFC 3-101-01 requires all new buildings to be constructed with a continuous air barrier. The design and application of the continuous air barrier is inherent to the design and assembly of the building frame and shell system. It is not practical and not compliant with the UFC to retrofit a continuous air barrier onto a new building frame and envelope which has not been designed to include a continuous air barrier. The pre-engineered design of the Sprung Instant Structure provides a continuous air barrier which conforms to the UFC requirements.

13. outdoor noise transmission mitigation

UFC 3-101-01 requires all new buildings to include façade designs which mitigate transmission of noise from the outdoors into the building interior. The Sprung Instant Structure façade design complies with the UFC.

14. LEED Silver certifiable

UFC 1-200-02 requires all new buildings to pursue LEED BD+C Silver certification to the greatest extent practical. The Sprung Instant Structure has been used as the building frame and envelope on previous LEED Silver certified projects.

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c. Alternatives. (i) Alternative grade tension-fabric frame and shell: No alternative manufacturer discussed further in paragraph 8.

(ii) Re-locatable building: The PDT spent significant efforts considering re-locatable buildings as a accordance with Army Regulation 420-1. The structure is required for a period of twenty-five years, and it does not meet the 20% rule in that the sum of building disassembly, repackaging, and non-recoverable building components, including typical foundation, exceed 20% of the purchase cost of the building. For that reason, unspecified minor military construction funds were secured as the funding source.

(iii)Pre-engineered metal building: The PDT spent significant efforts considering pre-pre-engineered metal building on The Plain would be a real or perceived breach of the 2003 NYSHPO memorandum of agreement.

(iv)Permanent institutional building: This potential alternative was not considered because it would be a breach of the 2003 NYSHPO memorandum of agreement.

d. Impact. The new General Instructional Building will be procured via a competitive Design- Build RFP solicitation. If this Justification and Approval (J&A) is not approved, the USACE upgrade program cannot be implemented. Unle over the course of the next twenty-five years, faculty and students will continue to operate in substandard conditions. This is untenable at a premier institution of higher education and

Worse, life, health, and safety matters will become issues if the old, dilapidated buildings are not renovated. If the PDT merely describes the technical requirements and project constraints in the RFP, that would introduce ambiguity into the RFP and Design-Build Offerors would propose a variety of architectural building solutions, including those proceed in this manner would be tantamount to inviting offerors to submit unawardable proposals, which would result in failure to Structure Inc. is the only responsible source, and no other supplies or services will satisfy agency requirements, the Sprung Instant Structure brand name must be identified in the RFP to ensure that the academic building upgrade program can be implemented.

6. Efforts to Obtain Competition:

a. Notice of Intent to Sole Source: Sources Sought Notice for Sole Source Market Research was posted for the required fifteen (15) days on the beta.sam.gov website beginning on 1 SEP 2020.

b. Effective competition: The notice required by FAR 5.201 (synopsis of a proposed contract action) shall be published, and any proposals received shall be considered.

c. Subcontracting competition. Although this is a single source situation, the single source requirement is just one component within the construction project. Offerors will be required to obtain as much competition as possible in their subcontracting. When the intent to sole source was synopsized on 1 SEP 2020 and remained on the beta.sam.gov website for the required fifteen (15)

Page 8 of 11 CONTROL NO:001 days, three responses were received and are discussed below in paragraph 9.

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:

The USACE PDT researched seven alternative manufacturers of metal frame and fabric shell structures: Mahaffey Fabric Structures, Britespan Building Systems, Big Top Manufacturing, ClearSpan Fabric Structures, Rubb Buildings d/b/a Rubb USA, CAMSS Shelters, and Legacy Building Solutions. None of the seven alternative manufacturers can provide all the required characteristics for the new General Instructional Building as described in paragraph 3 of this J&A.

The seven alternative manufacturers provide products which are not designed to meet the the seven alternative manufacturers have ever provided an office building frame and shell with ten or more years of life expectancy, let alone the twenty-five years life expectancy required for the used for temporary seasonal retail or administrative purposes. Of the requirements noted in paragraphs 3 and 5b of this J&A, no single alternative manufacturer can provide all requirements.

Providing a tension-fabric frame and shell from one of the alternative manufacturers would fail to

West Point Department of Public Works, and would diminish the quality of life for the occupants of the new building because at some point relatively early in the building life-cycle, the alternative product would tear, break, leak air and moisture, or accumulate mold/mildew/condensation. Noise and motion from wind acting on an alternative product would pose a constant distraction and source of nervousness for the occupants.

USMA Staff conducted a site visit to Rockefeller University located in Manhattan, NY, where a Sprung Instant Structure was built in 2007 for administrative offices. The Sprung Instant Structure construction program manager who expressed satisfaction with the Sprung Instant Structure and with the overall result of their 2007 project. The Rockefeller University site inspection was performed in December 2019 by faculty at the United States Military Academy. USMA faculty observed and reported the actual condition of the Sprung Instant Structure located at Rockefeller University.

9. Interested Sources: Two general contractors and one alternative manufacturer replied to the Notice of Intent to Sole Source: Sources Sought Notice for Sole Source Market Research which was posted for the required fifteen (15) days on the beta.sam.gov website beginning on 1 SEP 2020. The two general contractors, LJV Development and K2 Contracting Group, expressed interest in constructing the General Instructional Building utilizing the Sprung Instant Structure. The alternative manufacturer, CAMSS Shelters, asserted without documentation that they can meet or exceed the performance of the brand name Sprung Instant Structure. The USACE PDT reviewed experience providing administrative or office buildings at all, especially not administrative or office buildings with the required twenty-five year life expectancy.

10. 10. Other Factors: There is no procurement history between USACE, NAN, and Sprung Instant Structures Inc. NAN is aware that the Sprung Instant Structure product is available through GSA Multiple Award Schedule Contract 47QSWA19D005G. Because this single source requirement is just one component within the construction project it is necessary to procure the brand name item via the design-build construction contract. If this J&A is approved, the design-

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11. Technical Certification

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

Name: William Maher Date:

Title: Technical Manager Signature:

12. Requirements Certification

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

Name: Diana Trombly Date:

Title: Military Programs Project Manager Signature:

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13. Fair and Reasonable Price Determination

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. Price analysis techniques in accordance with Federal Acquisition Regulation (FAR) 15.404 will be utilized, including a comparison of proposed prices to the Independent Government Estimate and a comparison of proposed prices against each other, to ensure fair and reasonable pricing. Other price analysis techniques will be utilized if necessary.

Name: Francis Cashman Date:

Title: Contracting Officer Signature:

14. Contracting Officer Certification

I certify that this justification is accurate and complete to the best of my knowledge and belief: Name: Francis Cashman Date:

Title: Contracting Officer Signature:

Page 11 of 11 CONTROL NO:001

Approval Signature Block

Based on the foregoing justification, I hereby approve the procurement of the Sprung Instant Structure in the amount of approximately $780,000 on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c)(1), subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Date: Signature:

KIMBERLY A. MARSHALL

Alternate Advocate for Competition – Atlanta