P1556 Interior Finishes Brand Name or Equal Redacted.pdf

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.

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. 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 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 well-understood by the construction contracting community for decades. The contract that follows this solicitation will include this provision. 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.”

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 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 a 100% design suitable for those requirements that require a design-bid-build contract. Utilizing a basis of design is a critical component of designing complete and coordinated with the Installation Design Guide under the current UFC. It is impossible to fully design a system to meet requirements without assumptions of material specifications, especially given the numerous individual subcontractors supplying their respective items. The only potential alternative is to convert all solicitations into a design-build procurement without complete designs. This alternative does not meet the government’s interests in providing complete designs for facilities 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. Regarding the project overall, a sources sought notice to determine small business interest and capability was published to Contract Opportunities via SAM.gov on 05 November 2024 with a closing date of 19 November 2024. The sources sought notice .

A separate notice of intent for interior finishes was published to SAM.gov on 17 April 2025 with a closing date of 24 April 2025. The intent for interior finishes 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 ML’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

PRODUCT NO. MANUFACTURER MODEL COLOR SIZE QTY

ACT 16,685 SF

ACG-1 ARMSTRONG INTERLUDE XL HRC WHITE 3/16"

ACT-1 ARMSTRONG FINE FISSURED HIGH NRC WHITE 24"X24"

CORNER GUARDS 192 EA

CG-1 INPRO 430 STAINLESS STEEL -

EPOXY FLOORING 16,770 SF

RES-1 DUR-A-FLEX DUR-A-QUARTZ Q28-35 -

FRP 305 SF

FRP-1 MARLITE P-151 LIGHT GRAY -

TOILET PARTITIONS 10 EA

HDP-1 SCRANTON PRODUCTS HINY HIDERS HDPE BRONZE ROTARY BRUSH -

LOCKERS 21 EA

HDP-1 SCRANTON PRODUCTS HINY HIDERS HDPE BRONZE ROTARY BRUSH -

CASEWORK 47 LF

CP-1 HAFELE CABINET PULL 155.00.961 STAINLESS STEEL 128.MM

PLAM-1 FORMICA 5883-58 PECAN WOODLINE -

SS-1 WILSONART ACRYLIC SOLID SURFACE 9208CS WHITE STONE 1/2" THICKNESS

SS-2 LIVINGSTONE ACRYLIC SOLID SURFACE L810 CLOUDBURST 1/2" THICKNESS

PAINT 210,450 SF

PNT-1 SHERWIN WILLIAMS SW 9163 TIN LIZZIE -

PNT-2 BENJAMIN MOORE HC-182 CLASSIC BURGUNDY -

PNT-3 BENJAMIN MOORE HC-184 COTTAGE RED -

PNT-4 SHERWIN WILLIAMS SW 7068 GRIZZLE GRAY -

PNT-5 SHERWIN WILLIAMS SW 7757 HIGH REFLECTIVE WHITE -

WALL BASE 6,540 LF

RB-1 JOHNSONITE 20 CHARCOAL WG 4"H

SIGNAGE 108 EA

S-1 2/90 SIGNS ESSENTIALS COLLECTION 708 SOFT WHITE -

S-2 2/90 SIGNS ESSENTIALS COLLECTION 704 BLACK -

S-3 2/90 SIGNS ESSENTIALS COLLECTION 101 SATIN -

SHOWER COMPARTMENTS 6 EA

SS-3 MEGANITE ACRYLIC SOLID SURFACE 001A BRIGHT WHITE 1/2" THICKNESS

TILE 5,100 SF

T-1 ATLAST CONCORDE BOOST MIX SMOKE RT 12"X24"

T-2 CAESAR CERAMICS ORIGIN CANYON 12"X24"

T-3 FIRE CLAY TILE RECYCLED CLAY BODY VINTAGE LEATHER 2"X6"

GR-1 CUSTOM BUILDING PROUCTS EPOXY GROUT 335 WINTER GRAY -

TRANSITIONS 910 EA

TS-1 SCHLUTER VINPRO-S SATIN ANODIZED -

TS-2 SCHLUTER RENO-V SATIN ANODIZED -

TS-3 SCHLUTER RENO-U SATIN ANODIZED -

TS-4 SCHLUTER DILEX-AHK SATIN ANODIZED -

TS-5 SCHLUTER ECK-E SATIN ANODIZED -

TS-6 SCHLUTER SCHIENE SATIN ANODIZED -

TS-7 SCHLUTER RENO-TK SATIN ANODIZED -

TS-8 MARLITE EDGE M370 WHITE PVC TRIM -

WINDOW SHADES 348 SF

WS-1 DRAPER GEQS26 5% STORM -