P702 JA Interior Finishes_redacted.pdf
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- Solicitation number
- N4008523R2562
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J&A No. ML-23-41 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. Statutory Authority Permitting Other Than Full and Open Competition.
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 Title 10, Section 2304 has been repealed, modified, and recodified at 10 U.S.C. § 3204 (effective January 1, 2022, amended by Pub.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 Statutory Authority.
As a preliminary matter, this justification is formatted in accordance with 10 U.S.C. § 3204, but the intent of the source selection authority 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.
The design of this project was completed and signed on 6 January 2023. In accordance with Unified Facilities Criteria (UFC) 1-200-01 DOD Building Code, Chapter 1 paragraph 1-3.1 Implementation, Administration, and Enforcement, UFC 3-120-10 Interior Design is a requirement for this project design.
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
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’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.
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