P347 J-A Interior Finishes Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND, MID-ATLANTIC

9324 VIRGINIA AVENUE NORFOLK, VIRGINIA 23511-3095

J&A No. ML-23-46

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

The contracting activity is Naval Facilities Engineering Systems Command, Mid-Atlantic

(NAVFAC ML).

2. Description of the Action Being Approved.

This Justification and Approval (J&A) authorizes the use of “brand name or equal” references in construction solicitations where it is necessary to effectively communicate interior color and finish selections. Specific band name finish and description are listed in Attachment 1 below and are specific to solicitation N40085-23-R-2539 and the resulting contract.

3. Description of Supplies/Services.

The intent of solicitation N40085-23-R-2539 for P-347 Design-Bid-Build (DBB) Perimeter Security Improvements, is to provide Anti-Terrorism/Force Protection (AT/FP) features and comply with AT/FP regulations, and physical security mitigation in accordance with DoD Minimum Anti-Terrorism Standards for Buildings at, Naval Computer and Telecommunications Station (NCSTS) Cutler, Maine. The work includes an entry control facility (ECF) that includes an entry control point fence, a guard and truck inspection office, a main entry canopy, a Pass and Identification office and a restricted area security fence. The entry control point fence includes a chain link security fence and a sliding gate. The guard and truck inspection office is constructed of metal stud walls with cementitious siding and an exposed steel canopy structure. The single lane main entry canopy will be used for identification checks, and is comprised of concrete structural elements and an exposed steel canopy structure. The guard and truck inspection office will be attached to the main entry canopy. Building #129, the existing one-story security building, will be renovated and enlarged to provide required components to support security personnel functions and the pass and identification office. The project also constructs a security fence around the restricted area, which comprises the entire peninsula. The intent of this J&A is to approve the use of brand name or equal purchase descriptions in accordance with FAR 11.104, identifying paint colors and interior finishes by brand names and proprietary descriptions from specific manufacturers. The solicitation is not intended to limit competition, however, and this justification does not seek approval to limit competition in this regard.

This acquisition will solicit proposals utilizing full and open competiton, as authorized by the approved DD2579 on 11 January 2022. The estimated value of the work included in this construction solicitation is and the estimated value of the brand name supply that is the subject of this J&A is . The project will be funded by FY21 MILCON funds for construction, finishes, and equipment. The work under this contract is required to be completed within 554 days after award.

In order to sufficiently define the scope of work to be performed by a construction contractor, a Basis of Design (BOD) is prepared to document the principles, assumptions, rationale, criteria, and considerations used for calculations and decisions required during design. When preparing a BOD for a construction project, it is not practicable to convey the required finishes to potential offerors using mere descriptions. For example, it is not feasible to adequately describe a particular shade of paint color that must be used in order to provide aesthetic compatibility within the buildings; however, the intended hue can be conveyed by referencing a particular manufacturer’s proprietary color, and that color can then be replicated in any brand of paint.

Therefore, the use of brand name references is necessary to convey requirements, but is not intended to restrict competition. The identified brand name items or proprietary specifications are intended to solely relay the BOD for the interior finishes. The specification for a certain interior finish will include the manufacturer’s name, product line, model number, etc. along with all salient characteristics necessary for “equal” products to meet contract performance requirements. While it is possible for many manufacturers to produce finishes that are functionally equivalent to these designated finishes, the finish descriptions themselves are nonetheless proprietary specifications unique to particular manufacturers. The contract performance requirements are not proprietary, and can be met by many established manufacturers. Manufacturer(s) and product line(s) are identified only to establish a color and aesthetic BOD.

4. Legal Authorities.

The National Defense Authorization Act for Fiscal Year 2017, 114 P.L. 328 (December 23, 2016) states under Section 888, “[t]he Secretary of Defense shall ensure that competition in Department of Defense contracts is not limited through the use of specifying brand names or brand-name or equivalent descriptions, or proprietary specifications or standards, in solicitations unless a justification for such specification is provided and approved in accordance with section 2304(f) of title 10, United States Code. Title 10, Section 2304 has been repealed, modified, and recodified at 10 U.S.C. § 3204 (effective January 1, 2022, amended by Pub. L. No. 117-81, 135 Stat. 154), and implemented by FAR 6.302-1(c), and DFARS 206.302-1(c)(2) and (S-70) (Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements).

5. Rationale Justifying Use of Cited Legal Authorities.

As a preliminary matter, this justification is formatted in accordance with 10 U.S.C. § 3204, but the intent of the government is not to limit competition based on the use of brand names or equal purchase descriptions in the solicitation. This justification is merely meant to document compliance with section 888 of the 2017 NDAA. Section 888(a) of the FY17 NDAA requires that competition on Department of Defense (DoD) contracts not be limited through the use of brand name or equal descriptions or proprietary specifications or standards, in solicitations, unless a justification is approved in accordance with 10 USC 2304(f). In accordance with

DFARS 206.302-1(c)(2), DFARS 211.104, and DFARS 213.501(a)(ii), use of Brand Name or Equal references requires a J&A for Other than Full and Open Competition.

To put things simply, paint colors and interior finishes of a building can easily be color-matched by a variety of manufacturers and suppliers. It is common in the industry for colors and finishes to be identified by a particular brand or manufacturer and that brand’s name or identifier for the product. The government has a legitimate need in this case for specific interior paint colors and building finishes, but does not seek to limit the source of those materials to a specific brand or manufacturer.

UFC 3-120-10 Interior Design, with Change 1 is the applicable criteria for this project in accordance with Unified Facilities Criteria (UFC) 1-200-01 DOD Building Code, Chapter 1 paragraph 1-3.1 Implantation, Administration, and Enforcement because the level of design had preceded beyond 35%.

UFC are effective upon issuance for projects as follows:

• Design-Bid-Build projects that have not proceeded beyond 35% design completion.

•Design-Build projects that have not proceeded beyond date of Request for Proposal

(RFP) issuance. When an RFP is issued in multiple phases or steps use the date of the last phase of the RFP issuance.

•Projects that have a delay, either planned or unintentional, of more than 18 months between design completion and the solicitation of offers for construction must be re-evaluated to determine if any design revision is necessary due to changes in criteria (including codes and standards) or site infrastructure (for example, water supply for fixed fire suppression systems, water for hose stream allowances, or fire department vehicle access). Note: The evaluation must also include retroactive requirements that have been included in the new editions of the criteria.

The Structural Interior Design (SID) of a facility includes building-related design elements and components as part of the building construction, such as wall paint or coverings, ceiling paint or finish, floor coverings (e.g. tile, carpet, etc.), primary window treatments (e.g. blinds, shades and drapery hardware, etc.), 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 is designed by a qualified interior designer in accordance with Unified Facilities Criteria (UFC) 3-120-10 Interior Design, Chapter 2 paragraph “Interior Designer Qualifications.”

It is necessary for the government to include brand names or proprietary specifications for finishes to have a complete design that can be properly conveyed to the construction contractor.

UFC Requirements: (reference UFC 3-120-10 with Change 1, 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.

It is noted that the UFC stipulates use of the following disclaimer: (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 [Structural Interior Design] SID. Reference UFGS 09 06 00 Schedules for Finishes for the appropriate disclaimer to use that addresses this issue when developing the SID.

For construction contracts, FAR 52.236-5, Materials and Workmanship, addresses any potential competition concerns associated with including a basis of design on the plans or in the specifications and has been well defined and well-understood by the construction contracting community for decades. The contract that follows this solicitation will include this provision. In part, this clause states: “References in the 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 equal to that named in the specifications, unless otherwise specifically provided in this contract.”

The identified brand/manufacturer items or proprietary specifications are intended to be examples for the basis of interior design to help ensure visual integrity of the building’s interior finishes. Interior finishes will be procured and installed as part of firm-fixed-price, design-bid-build construction contracts and will be solicited in accordance with all applicable policies, procedures, guidance, and laws related to competition.

There is no alternative method to complete a 100% design suitable for those requirements that require a design-bid-build contract. Utilizing a basis of design is a critical component of designing complete and coordinated with the Installation Design Guide under the current UFC. It is impossible to fully design a system to meet requirements without assumptions of material specifications, especially given the numerous individual subcontractors supplying their respective items. The only potential alternative is to convert all solicitations into a design-build procurement without complete designs. This alternative does not meet the government’s interests in providing complete designs for facilities where the government has determined a design-bid-build procurement is in the best interests of the government pursuant to FAR Part 36 “Construction and Architect-Engineer Contracts” and Engineer Regulations (ER)1180-1-9.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

The government is not attempting to limit competition or the supply of these materials to one source. No efforts were made to identify multiple sources of paint or interior finishes, because the solicitation will not limit the ultimate contractor to providing materials from only one or a limited number of brands or manufacturers. The Notice of Intent was published on Sam.gov on 23 August 2022 detailing the intent of the brand name or equal specifications and no responses was received. A solicitation will both be publicized on SAM.gov and PIEE. The approved J&A will also be made publicly available as required by FAR 6.305 with the solicitation.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer will determine that the price for this acquisition is fair and reasonable in accordance with FAR Part 15 prior to contract award. Analysis will be performed by one or more of the following techniques: (1) Comparison of proposed prices received in response to the RFP; (2) Comparison of proposed prices with the Independent Government Cost Estimate (IGCE); (3) Comparison of proposed prices with available historical information; and/or (4) Comparison of market survey results. The fair and reasonable determination will be made based on the total price of the project. These brand name or equal items are not individual line item prices in the solicitation.

8. Actions to Remove Barriers to Future Competition.

This solicitation does not limit competition. If it comes to NAVFAC ML’s attention that the proposed language is having a limiting effect on competition or the selection of alternate sources of material within the scope of this justification, the contracting officer will seek counsel and make efforts to take remedial measures.

Attachment 1

FINISH LEGEND

VISITOR CENTER

TAG MATERIAL MANUFACTURER STYLE/TYPE/COLOR FINISH SIZE INSTALLATION REMARKS

CG1 CORNER GUARD

CONSTRUCTION

SPECIALTIES

STYLE: CO-8; COLOR: STAINLESS STEEL WITH 2"

LEGS NO. 4 SATIN 5' HIGH -

CPT1 CARPET PATCRAFT

COLLECTION: ISLE OF SKYE; STYLE: I0455

ABERDEEN; COLOR: 00400 WATERNISH - 12"W X 48"L ASHLAR

CPT2 CARPET PATCRAFT

COLLECTION:BEYOND THE DOOR; I0316 PASEO;

COLOR: 00595 OBSIDIAN - 24"W X 24"L QUARTER-TURN

FRP1

FIBERGLASS REINFORCED

PANEL MARLITE

STYLE: STANDARD FRP; COLOR: P 151 LIGHT

GREY PEBBLED 4' X 8' X 3/32"

GR1 FLOOR GROUT MAPEI COLOR: 19 PEARL GRAY EPOXY - -

GR2 WALL GROUT MAPEI COLOR: 27 SILVER EPOXY - -

LK1 LOCKERS SUMMIT LOCKERS

WILSONART PHENOLIC; COLOR: WILSONART

4878-38 PEWTER MESH - 16"W X 18"D X 6'H -

LVT1 LUXURY VINYL TILE PATCRAFT

COLLECTION: I543V ANEW; COLOR: 00540

GALENA EXOGUARD 7.75"W X 48"L X 5mm THICK STAGGER

MB 6' MARKERBOARD BALT STYLE: E2H2AG PORCELAIN DRY ERASE BOARD;

MAGNETIC ALUMINUM FRAME; COLOR: WHITE

- 6'W x 4'H x 1"D WALL MOUNT INCLUDES: MOUNTING HARDWARE

ERASER CLOTH BUILT-IN TRAY

MT1 MARBLE THRESHOLD DALTILE

STYLE: NATURAL STONE; COLOR: CARRARA

WHITE M701; DOUBLE BEVEL POLISHED 2"W X 36"L X 5/8"H - BETWEEN LOCKER ROOM AND SHOWER

PLAM1 PLASTIC LAMINATE NEVAMAR COLOR: WU0010-WE OUTER LIMITS WOOD ESSENCE - - CABINETS PLAM2 PLASTIC LAMINATE WILSONART COLOR: 4830K-18 SATIN STAINLESS LINEARITY W/ AEON FOR COMMAND BOARD

PNT1 PAINT - CEILING SHERWIN WILLIAMS COLOR: SW 7006 EXTRA WHITE FLAT - -

PNT2 PAINT - WALLS SHERWIN WILLIAMS COLOR: SW 7648 BIG CHILL EGGSHELL - -

PNT3

PAINT - METAL FRAMES

AND DOORS SHERWIN WILLIAMS COLOR: SW 7074 SOFTWARE SEMI-GLOSS - -

PNT4 PAINT - ACCENT SHERWIN WILLIAMS COLOR: SW 6535 SOLITUDE EGGSHELL - -

PNT5 PAINT - ACCENT SHERWIN WILLIAMS COLOR: SW 9061 REST ASSURED EGGSHELL

PNT6 PAINT - EPOXY SHERWIN WILLIAMS COLOR: SW 7648 BIG CHILL EPOXY - -

PT1 PORCELAIN TILE PANARIA STYLE: CONNECT; COLOR: HARBOUR TEXTURED 12"W X 24"L X 9mm THICK

1/3% OFFSET DIRECTION ON FINISH

PLAN FLOOR TILE

PT2 PORCELAIN TILE PANARIA STYLE: FLOW; COLOR: ICE - 12"W X 24"L X 9mm THICK 1/3% OFFSET HORIZONTAL WALL TILE PT3 PORCELAIN TILE PANARIA STYLE: CONNECT; COLOR: HARBOUR TEXTURED 12" X12" X 9mm THICK - FLOOR TILE IN SHOWER ROOM ONLY PTB1 PORCELAIN TILE BASE PANARIA STYLE: CONNECT; COLOR: HARBOUR TEXTURED 3 3/4"H X 23 1/2"L X 10mm THICK -

RB1 RUBBER BASE ROPPE STYLE: STANDARD TOE; COLOR: 148 STEEL GRAY - 1/8" X 4" -

RB2 RUBBER BASE ROPPE STYLE: NO TOE; COLOR: 148 STEEL GRAY - 1/8" X 4" -

RR1 RUBBER REDUCER ROPPE

STYLE: #23 REDUCER STRIP; COLOR: 148 STEEL

GRAY - 3/16" X 1-5/16" -

SAPC1

SUSPENDED ACOUSTICAL

PANEL CEILING ARMSTRONG STYLE: ULTIMA HIGH NRC #1940; COLOR: WHITE - 24" X 24" X 7/8" -

SQUARE LAY-IN PRELUDE 15/16" GRID

(WHITE)

SC1 SEALED CONCRETE - SEALED FINISH ON TOP - - -

SR1 SHOWER RECEPTOR AVONITE

39" X 39" ADA TRANSFER CENTER DRAIN 8016

WHITE - 39.125" x 39.125" -

SS1 SOLID SURFACE MEGANITE

COLLECTION: OFF WHITE; COLOR: 701A BLANCA

GRANITE MATTE - - COUNTERTOPS

SS2 SOLID SURFACE MEGANITE

COLLECTION: GREY/BLACK; COLOR: 615A

PLATINUM GRANITE MATTE - - DESK FRONT

SS3 SOLID SURFACE MEGANITE

COLLECTION: OFF WHITE; COLOR: 005A SOFT

WHITE MATTE - - SILLS

SS4 SOLID SURFACE AVONITE WET WALL; COLOR: 8016 WHITE MATTE 36" X 96" X 1/4" VERTICAL SHOWER WALLS

TB 4' TACKBOARD BEST-RITE

STYLE: PUSH-PIN BULLETIN BOARD; 3030C-01;

COLOR: SILVER FRAME WITH NATURAL CORK - 4'W X 3'H WALL MOUNT MOUNT 24" ABOVE FINISHED FLOOR

TS1 TRANSITION STRIP / TRIM SCHLUTER

STYLE: DILEX-AHK; COLOR: SATIN ANODIZED

ALUMINUM -

VERIFY ASSEMBLY THICKNESS FOR

SIZE SELECTION -

TS2 TRANSITION STRIP / TRIM SCHLUTER

STYLE: RENO-U; COLOR: SATIN ANODIZED

ALUMINUM -

VERIFY ASSEMBLY THICKNESS FOR

SIZE SELECTION -

TS3 TRANSITION STRIP / TRIM SCHLUTER

STYLE: VINPRO-S; COLOR: BRUSHED CHROME

ANODIZED -

VERIFY ASSEMBLY THICKNESS FOR

SIZE SELECTION -

TS4 TRANSITION STRIP / TRIM SCHLUTER STYLE: RENO- RAMP K; COLOR: SATIN ANODIZED -

VERIFY ASSEMBLY THICKNESS FOR

SIZE SELECTION -

WD1 WOOD DOOR VT INDUSTRIES

STYLE: FLUSH HERITAGE COLLECTION; COLOR:

SELECT WHITE MAPLE ALPINE AL18 - - -

WP1 WALL PROTECTION WOLF GORDON

STYLE: RAMPART; COLOR: GOH 32042686 VENN/

STONE SURCOAT STAIN 52" WIDE

REVERSE HANG RANDOM MATCH

USE MFR'S TOP/END CAP IN PEARL

GRAY #289

WITH COLOR MATCHING TOP/ END CAPS

AND NO OUTSIDE CORNER TRIM

REQUIRED

WS1 WINDOW SHADE MECHOSYSTEMS

STYLE: THERMOVEIL 0900 SERIES; COLOR: GREY

0903 - - -

FABRIC STYLE: DENSE VERTICAL WEAVE;

OPENNESS 0-1%

Attachment 2

FINISH LEGEND

INSPECTION STATION

TAG MATERIAL MANUFACTURER STYLE/TYPE/COLOR FINISH SIZE INSTALLATION REMARKS

CG1 CORNER GUARD

CONSTRUCTION

SPECIALTIES

STYLE CO-8; COLOR STAINLESS STEEL WITH 2"

LEGS NO.4 SATIN 5' HIGH -

FRP1

FIBERGLASS REINFORCED

PANEL MARLITE

STYLE STANDARD FRP, COLOR P 151 LIGHT

GREY PEBBLED 4' X 8' X 3/32" -

GR1 NOT USED - - - - -

GR2 WALL GROUT MAPEI COLOR 27 SILVER EPOXY - -

GSTP1

GALVANIZED STEEL

TREAD PLATE -

AS PROVIDED BY SENTRY BOOTH

MANUFACTURER - - -

MB 6' MARKERBOARD BALT

STYLE E2H2AG PORCELAIN DRY ERASE BOARD;

MAGNETIC, ALUMINUM FRAME; COLOR WHITE - 6'W x 4'H x 1"D WALL MOUNT

INCLUDES MOUNTING

HARDWARE, ERASER

CLOTH, BUILT-IN TRAY

FULL LENGTH

MB 8' MARKERBOARD GHENT

STYLE A2M48-M PORCELAIN DRY ERASE,

MAGNETIC, ALUMINUM FRAME; COLOR WHITE GLOSS 8'W X 4'H X 1"D WALL MOUNT

INCLUDES MOUNTING

HARDWARE, ERASER

CLOTH, BUILT-IN TRAY

FULL LENGTH

PLAM1 PLASTIC LAMINATE NEVAMAR COLOR WU0010-WE OUTER LIMITS NEW ESSENCE - -

PNT1 PAINT - CEILING SHERWIN WILLIAMS COLOR SW 7006 EXTRA WHITE FLAT - -

PNT2 PAINT - WALLS SHERWIN WILLIAMS COLOR SW 7648 BIG CHILL SATIN - -

PNT3

PAINT - METAL FRAMES

AND DOORS SHERWIN WILLIAMS COLOR SW 7074 SOFTWARE SEMI-GLOSS - -

PNT4 PAINT - ACCENT SHERWIN WILLIAMS COLOR SW 6535 SOLITUDE SATIN -

PT1 NOT USED - - - - - -

PT2 PORCELAIN TILE PANARIA STYLE FLOW; COLOR ICE - 12"W X 24"L X 9mm THICK

1/3% OFFSET,

HORIZONTAL WALL TILE

PTB1 NOT USED - - - - -

RB1 RUBBER BASE ROPPE STYLE STANDARD TOE; COLOR 148 STEEL GREY - 1/8" X 4" -

SAPC1

SUSPENDED ACOUSTICAL

PANEL CEILING ARMSTRONG STYLE ULTIMA HIGH NRC #1940; COLOR WHITE - 24" X 24" X 7/8" -

SQUARE LAY-IN, 15/16"

PRELUDE GRID (WHITE)

SC1 SEALED CONCRETE - SEALED FINISH ON TOP - - -

ADD TEXTURE FINISH

FOR TOILET ROOM

SS1 SOLID SURFACE MEGANITE

COLLECTION OFF WHITE; COLOR 701A BLANCA

GRANITE MATTE - -

SS3 SOLID SURFACE MEGANITE

COLLECTION OFF WHITE; COLOR 005A SOFT

WHITE MATTE - - WINDOW SILLS

TB 4' TACKBOARD BEST-RITE

STYLE PUSH-PIN BULLETIN BOARD; 3030C-01;

COLOR SILVER FRAME WITH NATURAL CORK - 4'W X 3'H WALL MOUNT

TB 8' TACKBOARD BEST-RITE

STYLE PUSH-PIN BULLETIN BOARD, 302AH;

COLOR SILVER FRAME WITH NATURAL CORK - 8'W X 4'H WALL MOUNT

TS1 TRANSITION STRIP/TRIM SCHLUTER

STYLE DILEX-AHK; COLOR SATIN ANODIZED

ALUMINUM -

VERIFY ASSEMBLY THICKNESS

FOR SIZE SELECTION -

TS4 TRANSITION STRIP/TRIM SCHLUTER

STYLE RENO-RAMP K; COLOR SATIN ANODIZED

ALUMINUM -

VERIFY ASSEMBLY THICKNESS

FOR SIZE SELECTION -

WOM1 WALK OFF MAT ULINE

STYLE WATERHOG H-627GR; COLOR

CHARCOAL - 3'W X 5'L X 3/8" THICK LOOSE LAY

WS1 WINDOW SHADE MECHOSYSTEMS

STYLE THERMOVEIL 0900 SERIES; COLOR 0903

GREY - - -

FABRIC STYLE BASKET

WEAVE; OPENNESS 1%

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

Technical and Requirements Cognizance:

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.