ATTACHMENT P JA ML-25-58 W143 Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND, MID-ATLANTIC

9324 VIRGINIA AVENUE

NORFOLK, VIRGINIA 23511-3095

J&A No. ML-25-58

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) Public Works Department Norfolk, Building A-81, 9742 Maryland Avenue, Norfolk, Virginia 23511.

2. Description of the Action Being Approved.

NAVFAC ML requests Justification and Approval (J&A) for Other than Full and Open Competition to allow Contracting Officers to issue solicitations for construction contracts, where �brand name or equal� references are necessary to effectively communicate structural interior colors and finish selections to effectively communicate the design intent of the interior of the facility to ensure an aesthetically pleasing, professional environment. Specific brand name structural finish materials are listed within the construction documents on sheet IN601. A duplicate of this information is provided below in �Insert 1 - Finish Spreadsheet�.

3. Description of Supplies/Services.

The intent of solicitation N40085-25-R-0100 for W-143 Cole�s Bistro located in Norfolk, Virginia is to renovate the Navy Food Management training space at Building W-143. The work is an interior renovation for the kitchen, kitchen support areas, serving and dining areas and restrooms. Work to include a new HVAC system, electrical to support the HVAC and new kitchen appliances, moisture abatement at exterior walls, and new interior finishes.

This acquisition will solicit proposals as a Multiple Award Construction Contract (MACC) Task Order on 8(a) General Construction MACC for the Hampton Roads Area of Responsibility (AOR), as authorized by the approved DD2579 on 18 July 2025. 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 FY25 O&M, N funds. The work under this contract is required to be completed within 960 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

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 30 May 2025. 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 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.�, 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, because the construction drawings were signed on signed on 30 May 2025, 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.

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 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)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 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 18 July 2025 detailing the intent of the brand name or equal specifications and no responses were received. A solicitation will be publicized on both 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 of 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.