JA ML 25_74 B107 Office Expansion_REDACTED.pdf

J&A No. ML-25-74 manufacturer’s name, product line, model number, and any identifiable information specific to that material/finish accompanied by salient characteristics and generic technical specifications 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 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.

10 U.S.C § 3204(a)(1), as implemented by FAR 6.302-1(c), and DFARS 206.302-1(c)(2), “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

This justification applies only to the brand name or equal products describing structural interior finishes, as specified in the construction contract documents for project B107 Office Expansion, located in Mechanicsburg, Pennsylvania.

5. Rationale Justifying Use of Cited Statutory Authority.

Background:

Section 888(a) of the FY17 National Defense Authorization Act (NDAA) (Pub. This L. 114-328) 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 Deputy Assistant Secretary of the Army for Procurement (DASA(P)) Alert 19- 108, use of Brand Name or Equal references requires a J&A for Other than Full and Open Competition, and DoD subsequently issued a final rule effective 31 May 2019 that amended the DFARS to implement section 888 of the NDAA for FY2017 (Pub. L. 113-291).

Justification:

The design of this project was completed and signed on 7/9/2025.

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.

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 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.

Alternatives:

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.

A Sources Sought announcement was posted on the SAM.gov website on 13 August 2025 and closed on 28 August 2025 seeking qualified vendors for the above specified work with brand name materials. From the Sources Sought announcement, there were twelve (12) interested parties with varied responses to the Sources Sought notice. Five parties added their name to the

“Interested Vendor List” on the SAM website. Other parties responded by email with experience of work sought with letters of interest and capability statements. No responses were received offering equal or compatible projects for the specified brand name items that were being considered. This approved J&A will be made publicly available as required by FAR 6.305.

7. Determination of Fair and Reasonable Cost.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5, this is a one-time exception to full and open competition. There are no plans at this time to compete future contacts for the types of supplies/services covered by this document. If another potential source emerges, an assessment of whether competition for future requirements is feasible will be undertaken.