Amendment 0009 - JA ML-25-15 P226 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-25-15

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

MIDLANT), Norfolk, Virginia.

2. Description of the Action Being Approved.

This Justification and Approval (J&A) authorizes the use of “brand name or equal” references to effectively communicate interior color and finish selections in construction solicitation N40085-24-R-2531, P-226, Maintenance Facility & Marine Air Group Headquarters located at the Marine Corps Air Station (MCAS), Cherry Point, North Carolina. Specific band name or equal finishes and descriptions are listed in Attachment

1 below and are specific to solicitation N40085-24-R-2531 and the resulting contract.

3. Description of Supplies/Services.

The intent of solicitation N40085-24-R-2531 for P-226, Maintenance Facility & Marine Air Group

Headquarters located at the Marine Corps Air Station (MCAS), Cherry Point, North Carolina is to construct a new Marine Aviation Logistics Squadron 14 (MALS-14) engine maintenance facility, a new Marine Aircraft

Group 14 (MAG-14) Headquarters building with Night Imaging Threat Evaluation (NITE) lab facility and provide full renovations to existing Building 3916 Aircraft Armament shop, including an addition. The work includes the construction of two (2) new buildings, and the renovation and addition to a third building.

The intent of this J&A is to approve the use of brand name or equal purchase descriptions in accordance with

Federal Acquisition Regulation (FAR) 11.104, identifying paint colors and interior finishes by brand name or equal and providing proprietary descriptions from specific manufacturers. The solicitation is not intended to limit competition, and this justification does not seek approval to limit competition in this regard.

This acquisition will solicit proposals utilizing full and open competition, as authorized by the approved

DD2579 on 20 December 2023. The estimated value of the work included in this construction solicitation is and the estimated value of the brand name or equal items that are the subject of this J&A is

( of the estimated contract value). The project will be funded by FY24 Military

Construction (MILCON) funds for construction and FY27 Operations and Maintenance funding for furnishings and equipment. The work under this contract is required to be completed within 1,095 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 or equal references is necessary to convey requirements but is not intended to restrict competition. The identified brand name or equal items and 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.

Per DFARS 211.14(c)(2) and in accordance with section 888(a) of the National Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114-328), the justification and approval addressed in FAR 6.303 is required in order to use brand name or equal descriptions. The statutory authority for this acquisition permitting other than full and open competition is 10 U.S.C. 3204(a)(1) which permits the use of limited suppliers when it is essential to the Government’s requirements, as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

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 for bidding.

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 clause. 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 the 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 SID under the current UFC. It is impossible to fully design a coordinated system of materials and colors to meet requirements without assumptions of material specifications 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 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 for the brand name or equal items was published to SAM.gov on 17

July 2024 with a closing date of 24 July 2024 and yielded no responses. 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 not limit competition. If it comes to NAVFAC MIDLANT’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

B3916 INTERIOR FINSHES J&A FORM

Reference Sheet I-601 Dated 4/23/24

PRODUCT NO. MANUFACTURE

R

MODEL COLOR SIZE QTY UNIT

COST

TOTAL

ACOUSTICAL

CEILNGS TILE

4,820.00 SF

ACG-

ARMSTRONG INTERLUDE

XL HRC

WHITE 3/16"

ACT-1 ARMSTRONG FINE

FISSURED

HIGH NRC,

SQUARE

LAY-IN

WHITE 24"X24"

CORNER

GUARDS

7.00 EA

CG-1 CS ACROYVN VA SERIES 933

MISSION

WHITE

CG-2 INPRO 430 STAINLESS

STEEL

FIBERGLASS

REINFORCED

PLASTIC

3,000.00 SF

FRP-1 MARLITE PEBBLED

FRP

P 440N

BISCUIT

TOILET

PARTITIONS

4.00 EA

HDP-

ASI GLOBAL

PARTITIONS

SOLID

PLASTIC

HDPE

CHARCOAL

LOCKERS 66.00 EA

ASI GLOBAL

PARTITIONS

SOLID

PLASTIC

HDPE

LUXURY VINYL

TILE

3,305.00 SF

LVT-

PATCRAFT GRAPH

1713V

SOOT-V2

00580

24" X 24"

CABINETS 20.00 LF

CP-1 HAFELE CABINET

PULL

155.00.961

STAINLESS

128 MM

PLAM

-11

FORMICA HAZEL

WALNUT

5788-NG -

PAINT 20,000.0

SF

PNT-7 SHERWIN

WILLIAMS

SW 7757 HIGH

REFLECTIV

E WHITE

PNT-

SHERWIN

SW 6063 NICE WHITE -

SHERWIN

WILLIAMS

SW 6054 CANYON

CLAY

SHERWIN

WILLIAMS

SW 7669 SUMMIT

GRAY

SHERWIN

WILLIAMS

SW 7674 PEPPERCOR

N

WALL BASE 1,192.00 LF

RB-11 ROPPE CONTOURS

SIMPLICITY

#00 PV4000

193 BLACK

BROWN

4"H

EPOXY

RESINOUS

FLOORING

4,555.00 SF

RES-

DUR-A-FLEX DUR-A-

QUARTZ

Q28-23 -

SIGNAGE 22.00 EA

S-1 2/90 SIGNS ESSENTIALS

COLLECTIO

N

708 SOFT

S-2 2/90 SIGNS ESSENTIALS

704 BLACK -

S-3 2/90 SIGNS ESSENTIALS

101 SATIN -

COUNTERTOPS 10.00 LF

SS-11 CORIAN SOLID

SURFACES

SAND

STORM

1/2"

THICKNES

S

WINDOW SILLS 12.00 LF

SS-2 MEGANITE ACRYLIC

SOLID

SURFACE

M002 MT

VANCOUVE

R

1/2"

SHOWER

COMPARTMEN

TS

4.00 EA

SS-3 MEGANITE ACRYLIC

SURFACE

003A SNOW

WHITE

1/2"

SEALED

CONCRETE

1,600.00 SF

SC-1 - - - -

WALL TILE 2,500.00 SF

T-12 ARCHITESSA WASHINGTO

10710051333

PLATINUM 12" X 24"

T-13 BEST TILE PAINT BORDEAUX 3" X 12"

GR-12 CUSTOM

BUILDING

PRODUCTS

EPOXY

GROUT

647 BROWN

VELVET

TRANSITIONS 16.00 EA

TS-2 SCHLUTER RENO-V SATIN

ANODIZED

TS-5 SCHLUTER ECK-E SATIN

TS-6 SCHLUTER SCHIENE SATIN

TS-8 MARLITE EDGE M370 WHITE PVC

TRIM

WOOD DOORS 7.00 EA

WD-1 MARSHFIELD WHITE

MAPLE

CANE 46-97 -

WINDOW

SHADES

180.00 SF

WS-1 DRAPER SW 2703-P14

3%

OYSTER /

PEARL

TOTAL:

MAG-14 INTERIOR FINSHES J&A FORM

Reference Sheet I-602 Dated 4/23/24

PRODUCT NO. MANUFACTUR

ER

MODEL COLOR SIZE QTY UNIT

21,147.0

ACB-

TURF DESIGN BEAM /

BEAM LED

D06 PLANKED

OAK

8"H

ARMSTRONG INTERLUDE

ARMSTRONG INTERLUDE

BLACK 3/16"

ACT-

ARMSTRONG FINE

FISSURED

HIGH NRC,

SQUARE

ARMSTRONG CALLA

SQUARE

BLACK 24"X24"

36.00 EA

CG-1 CS ACROVYN VA SERIES 265 FOG 1-1/2"WINGS/8' LONG

CARPET TILE 1,879.00 SY

CPT-1 SHAW

CONTRACT

OBSERVE

COLOR TILE

5T309

LAVA SPRINGS

05440

9"X36"

CPT-2 SHAW

OBSERVE

TILE 5T306

LAVA 05500 9"X36"

CPT-3 SHAW

TRANSFOR

M COLOR

TILE 57311

LAVA SPRINGS

05440

9"X36"

CPT-4 SHAW

TRANSFOR

M TILE

5T308

LAVA 05500 9"X36"

CPT-5 EF CONTRACT DART ZOOM DAR59 24"X24"

CPT-6 STATICSMART

COLONIAL

SERIES

WIGGLESWOR

TH

24"X24"

TERRAZZO

3,400.00 SF

ETZ-1 MASTER

CUSTOM 82029 3/8"

THICKNE

SS

ETZ-2 TERRAZZO &

MARBLE

SUPPLY CO.

TERROXY

RESIN

SYSTEMS

23-2958 3/8"

140.00 SF

P 440N BISCUIT -

9.00 EA

SCRANTON

PRODUCTS

HINY

HIDERS

HDPE

MIDNIGHT

ORANGE PEEL

LOCKERS 36.00 EA

SCRANTON

PRODUCTS

HINY

HIDERS

HDPE

MIDNIGHT

ORANGE PEEL

LUXURY

VINYL TILE

950.00 SF

PATCRAFT TIMBER

GROVE II

ONYX-V2 00580 7"X48"

CABINETS 170.00 LF

155.00.961

STAINLESS

PLA

M-1

WILSONART TAILORED

LINEN

4992-38 -

PAINT 55,000.0

PNT-1 SHERWIN

SW 6232 MISTY -

PNT-2 SHERWIN

SW 6234 UNCERTAIN

PNT-3 SHERWIN

SW 9149 INKY BLUE -

PNT-4 SHERWIN

SW 9146 FADED

FLAXFLOWER

PNT-5 SHERWIN

SW 7515 SEA SERPENT -

PNT-6 SHERWIN

SW 7076 CYBERSPACE -

SW 7757 HIGH

REFLECTIVE

PNT-8 BENJAMIN

MOORE

HC-190 BLACK -

WALL BASE 5,200.00 LF

RB-1 ROPPE CONTOURS

#00 PV4000

123 CHARCOAL 4"H

RB-2 ROPPE CONTOURS

INTRIGUE

#90 PV5090

123 CHARCOAL 5-1/2"H

SIGNAGE 74.00 EA

N

708 SOFT

1,520.00 SF

COUNTERTOPS 160.00 LF

SS-1 MEGANITE ACRYLIC

SURFACE

TT003 AQUA

TERRAZZO

1/2"

SS-4 CORIAN

DESIGN

CORIAN

SOLID

SURFACE

SILVER GRAY 1/2"

QTZ-

CORIAN

DESIGN

CORIAN

QUART

CALACATTA

NOVELLO

2 CM

WINDOW SILLS 66.00 LF

SURFACE

M002 MT

VANCOUVER

1/2"

7.00 EA

SURFACE

003A SNOW

WHITE

1/2"

FLOOR TILE 1,000.00 SF

T-1 ARTISTIC TILE CANYON

FIELD TILE

LIGHT MATTE

PCANLT30

30"X30"

T-4 ARTISTIC TILE CANYON

MOSAIC

LIGHT MATTE 3"x3"

GR-1 CUSTOM

PROUCTS

EPOXY

GROUT

335 WINTER

WALL TILE 2,900.00 SF

T-2 BEST TILE SALT CAVE WHITE 12"X24"

T-3 ARTISTIC TILE TAMBOURI

NE TRAPS

BUNGLE BLUE

BLEND

13"X13"

GR-2 CUSTOM

PRODUCTS

EPOXY

GROUT

542 GRAY

STONE

TRANSITIONS 48.00 EA

TS-1 SCHLUTER VINPRO-S SATIN

TS-3 SCHLUTER RENO-U SATIN

TS-4 SCHLUTER DILEX-AHK SATIN

TS-7 SCHLUTER RENO-TK SATIN

WALL

PROTECTION

22.00 LY

WC-1 WOLF GORDON

RAMPART

LUXOR LUX 5778

MIDNIGHT

54"

WIDTH

WOOD DOORS 67.00 EA

GRAPHICS

110.00 SF

WG-1 FIND YOUR

LEVEL

SMOKE AND

STONE

SLATE -

WG-2 KOROSEAL DIGITAL

DESIGNS

CUSTOM -

430.00 SF

OYSTER /

PEARL GRAY

WS-2 DRAPER SW 7000-V39

BLACKOUT

GRAPHITE -

MALS-14 INTERIOR FINSHES J&A FORM

Reference Sheet I-602 Dated 9/27/23

PRODUCT NO. MANUFACTUR

ER

MODEL COLOR SIZE QTY UNIT

31,375.00 SF

ACB-

TURF DESIGN BEAM /

BEAM LED

D06

PLANKED

OAK

8"H

ARMSTRONG INTERLUDE

ARMSTRONG INTERLUDE

BLACK 3/16"

ARMSTRONG FINE

FISSURED

HIGH NRC,

SQUARE

ARMSTRONG CALLA

SQUARE

BLACK 24"X24"

WALL PANELS

72.00 EA

AWP-

TURF DESIGN REED 23 RED 24" X 24"

AWP-

TURF DESIGN REED 09

DAMASCUS

52.00 EA

CG-1 INPRO 430 STAINLESS

CARPET TILE 802.00 SY

CPT-

INTERFACE SOFT GLOW IRON

POPPY

107260

10" X 40"

INTERFACE BITRATE DARK RED

106298

INTERFACE REFLECTORS IRON

POPPY

107272

6,000.00 SF

ETZ-

TERRAZZO &

MARBLE

SUPPLY CO.

TERROXY

RESIN

SYSTEMS

21-687 3/8"

ETZ-

TERRAZZO &

MARBLE

SUPPLY CO.

TERROXY

RESIN

SYSTEMS

21-161 3/8"

140.00 SF

P 440N

BISCUIT

24.00 EA

ASI GLOBAL

PARTITIONS

SOLID

PLASTIC

HDPE

LOCKERS 116.00 EA

ASI GLOBAL

PARTITIONS

SOLID

PLASTIC

HDPE

LUXURY VINYL

4,400.00 SF

PATCRAFT EARTHEN

1677V

MIDNIGHT-

V 00590

12" X 24"

PATCRAFT GRAPH 1713V SOOT-V2

00580

PATCRAFT GRAPH 1713V MAROON-

V2 00870

PATCRAFT GRAPH 1713V SCARLET-

V2 00860

CABINETS 40.00 LF

155.00.961

STAINLESS

PLA

M-11

FORMICA HAZEL

WALNUT

5788-NG -

RESINOUS

42,810.00 SF

RES-

DUR-A-FLEX DUR-A-

QUARTZ

Q28-23 -

PAINT 135,000.0

SW 7757 HIGH

REFLECTIV

E WHITE

SHERWIN

WILLIAMS

SW 6063 NICE

SHERWIN

WILLIAMS

SW 6054 CANYON

CLAY

SHERWIN

WILLIAMS

SW 7669 SUMMIT

SHERWIN

SW 7067 CITYSCAPE -

SHERWIN

SW 6328 FIREWEED -

SHERWIN

WILLIAMS

SW 7674 PEPPERCOR

WALL BASE 4,765.00 LF

RB-11 ROPPE CONTOURS

#00 PV4000

193 BLACK

4"H

RB-12 ROPPE CONTOURS

INTRIGUE

#90 PV5090

193 BLACK

5-1/2"H

SIGNAGE 133.00 EA

COLLECTION

708 SOFT

COUNTERTOPS 105.00 LF

SS-11 CORIAN SOLID

SURFACES

SAND

STORM

1/2"

WINDOW SILLS 130.00 LF

SURFACE

M002 MT

VANCOUVE

R

1/2"

28.00 EA

SURFACE

003A SNOW

WHITE

1/2"

2,875.00 SF

FLOOR TILE 2,300.00 SF

T-11 ARCHITESSA ELITE

10710063898

PRECIOUS

BLACK

12" X 24"

T-14 ARCHITESSA ALDER

HERRINGBO

NE

ASH 12" X 15"

GR-11 CUSTOM

PRODUCTS

EPOXY

GROUT

19 PEWTER -

WALL TILE 6,600.00 SF

T-12 ARCHITESSA WASHINGTO

10710051333

PLATINUM 12" X 24"

T-13 BEST TILE PAINT BORDEAUX 3" X 12"

GR-12 CUSTOM

PRODUCTS

EPOXY

GROUT

647 BROWN

VELVET

TRANSITIONS 55.00 EA

TS-1 SCHLUTER VINPRO-S SATIN

TS-3 SCHLUTER RENO-U SATIN

TS-4 SCHLUTER DILEX-AHK SATIN

TS-7 SCHLUTER RENO-TK SATIN

PROTECTION

26.00 LY

WC-

WOLF GORDON

RAMPART

RESHAM REH 5502

CRIMSON

54"

WIDTH

WOOD DOORS 91.00 EA

GRAPHICS

559.00 SF

WG-

KOROSEAL DIGITAL

CUSTOM 13' X 8'

KOROSEAL DIGITAL

CUSTOM 21' X 10'

KOROSEAL DIGITAL

CUSTOM 11' X 10'

KOROSEAL DIGITAL

CUSTOM 15' X 9'

1,070.00 SF

OYSTER /

PEARL

WS-2 DRAPER SW 7000-V39

BLACKOUT

GRAPHITE -

J&A No. ML-25-15

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.

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.

APPROVING OFFICIAL (NPGI 6.304) – ECHELON IV COMMANDING OFFICER

Upon the basis of the above justification, I hereby approve, as the Commanding Officer, the use of the brand name or equal items in the subject solicitation described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 3204(a)(1).