JA P101 Interior Finishes Final2_Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING COMMAND, MID-ATLANTIC

9324 VIRGINIA AVENUE

NORFOLK, VIRGINIA 23511-3095

J&A No. ML-24-05

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION FOR

STURCTUAL INTERIOR DESIGN (SID) FINISHES

1. Contracting Activity.

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

2. Description of the Action Being Approved.

The Justification and Approval (J&A) authorizes the use of in construction solicitations where it is necessary to effectively communicate structural interior colors and finish selections. Specific brand name structural finish materials are listed within the construction documents on sheet IN601. A duplicate of this information is provided below in - Finish and are specific to solicitation N40085-24-R-2504 and the resulting contract.

3. Description of Supplies/Services.

The intent of solicitation N40085-24-R-2504 for P-101 Marine Corps Reserve Forces, Ground/Air Task- Oriented Radar (G/ATOR) located in Dam Neck Naval Base, Virginia Beach, Virginia is to house Ground/Air Task Oriented Radar (G/ATOR) radar systems and associated vehicles to support training requirements. MACS-24 is scheduled to receive 3 G/ATOR Block 1 systems to align with their mission for air surveillance and short-range air defense radar. This project will fill an identified capability and capacity gap in accomplishing fleet training and readiness requirements.

This acquisition will solicit proposals as a Multiple Award Construction Contract (MACC) Task Order on the 8(a) General Construction MACC for the Hampton Roads Area of Responsibility (AOR), as authorized by the approved DD2579 on 04 October 2023. The estimated value of the work included in this construction solicitation is and the estimated value of the brand name materials subject to this J&A is

The project will be funded by FY24 MILCON funds for construction and FY24 Other Procurement, Navy (OPN) funds for equipment. The work under this contract is required to be completed within 548 days after award.

In order to sufficiently define the scope of work to be performed by a general 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 generic descriptions. For example, it is not feasible to adequately describe a particular shade of paint color which must be used to provide a cohesive appearance for an aesthetically pleasing, professional environment;

however, the intended hue can be conveyed by referencing a particular product, and that color can then be replicated in any brand of paint. Therefore, the use of brand name references is necessary to convey requirements to achieve the overall coordinated desired appearance but is not intended to restrict competition. The identified brand name items are intended to solely relay the BOD for the structural interior finishes. The specification for finish materials will include the line, model number, and any identifiable information specific to that material/finish accompanied by salient characteristics and generic technical specifications necessary for for many manufacturers to produce finishes that are functionally equivalent to these designated finishes, the intent of providing a BOD is to have standard stock products to be provided without having custom products manufactured specifically for this facility. During the design of the facility, the designer of record has verified the products using manufacturer brand names are not proprietary, and can be met by many established manufacturers.

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-l(c), and DFARS 206.302-l(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 FYI7 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-l(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.

In accordance with Unified Facilities Criteria (UFC) 1-200-01 DOD Building Code, Chapter 1 paragraph 1-3.1 Implantation, Administration, and Enforcement, UFC 3-120-10 Interior Design is a requirement for this project design.

Although UFC 3-120-10 Interior Design, with Change 1, was released on 16 May 2018 and stated, "The interior designer must provide al/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.", it was updated on 15 June 2021 with Change 2 to align with the amended DFARS which removed the direction to call out manufactures and brand names.

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.

Based on the above information, this project was designed using UFC 3-120-10, Change 2.

The Structural Interior Design (SID) of a facility includes building-related design elements and components as part of the building construction to include but not limited to, paint, wall coverings, ceiling finishes, 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 required aesthetic, durability and maintenance qualities and characteristics applicable to each space within the facility. The SID is designed by a professional certified 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 for bidding. 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.

In addition, the UFC stipulates the use of the following disclaimer: (reference UFC 3-120-10 with Change 1, 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.

UFGS 09 06 00 Schedule for Finishes, Paragraph 2.1 states:

"The color schedule information provided in the following paragraphs lists the colors, patterns and textures required for exterior and interior finishes, including both factory applied and field applied colors. Where color is shown as being specific to one manufacturer, an equivalent color by another manufacturer may be submitted for approval. Manufacturers and materials specified are not intended to limit the selection of equal colors from other manufacturers. "

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 an industry standard by the construction contracting community for decades. 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 the facility's 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 the Structural Interior Design (SID) for a design-bid-build contract and ensure an aesthetically, coordinated building interior. Utilizing a basis of design is a critical component of designing complete and coordinated structural interior design under the current UFC. It is not possible to fully design a coordinated system of interior materials and colors to meet technical requirements without assumptions of specific materials using manufacturer names and product information. The only potential alternative is to convert all solicitations into a design-build procurement without complete designs and require the effort of a professional, certified interior designer to meet the requirements set forth in UFC 3-120-10 Interior Design, after award to a Contractor. This alternative does not meet the government's interests in providing a complete design for the facility since the government has determined a design-bid-build procurement for this facility is in the best interests of the government pursuant to FAR Part 36 "Construction and Architect-Engineer Contracts" and Engineer Regulations (ER)l 180-1-9.

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 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. A notice of intent was published on Sam.gov on 3 October 2023 detailing the intent of the brand name or equal specifications and no responses were received as of the closing date on 13 October 2023. A pre-solicitation notice and solicitation will both be publicized on SAM.gov in accordance with the requirements of FAR Part 5. The approved J&A will also be made publicly available as required by FAR 6.305.

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 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.

Insert 1 - Finish Spreadsheet