VA Phase 2A_Site Development_JA_Redacted.pdf

U.S. ARMY CORPS OF EGINEERS

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITON

Department of Veterans Affairs (DVA), Phase 2A – Site Development Veterans Affairs American Lake (VAAL), Tacoma, WA

15 March 2022

Pursuant to DFARS 211.104(1), the following justification is provided to support use of brand name or equal descriptions for issuance of solicitation for VAAL Phase A – Site Development, located at the Veterans Affairs American Lake (VAAL) Campus, Tacoma, Washington.

JUSTIFICATION

1. CONTRACTING AGENCY: Department of Army, United States Army Corps of Engineers (USACE), Northwestern Division (NWD), Seattle District (NWS).

2. DESCRIPTION OF ACTION: Approval is being requested to use brand name or equal product descriptions as it pertains to Exterior Site Lighting and Civil - Site items (stormwater conveyance) for a new firm-fixed-priced (FFP) construction contract for a project titled VA American Lake – Phase 2A Site Development located at the VA American Lake Campus, Tacoma, WA.

The justif ication for use of brand name or equal descriptions, as outlined herein, is prepared to meet requirements set forth in section 888(a) of the National Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114-328) as referenced in DFARS 206.302-1(c)(2), revised 31 May 2019.

The identif ied brand/manufacturer or equal items are intended to be examples for the basis of design or Exterior Site Lighting and Civil - Site items (stormwater conveyance). The items will be procured and installed as part of a firm-fixed-price, design-bid-build construction contract. The construction contract will be solicited as a 100 percent Service-Disabled Veteran Owned Small Business (SDVOSB) set-aside. This procurement is being funded with VA FY21 Construction Funds (CA), Hazardous Waste Funds (HW), and Asbestos Abatement Funds (AS).

3. DESCRIPTION OF SUPPLIES/SERVICES OR NATURE OF CONSTRUCTION: The future VA Building 201- Outpatient Clinic is a 70,000sf facility that will provide Veteran’s safe, high quality, and comprehensive medical care. The VA American Lake – Phase 2A Site Development consists of selected site work intended to support Building 201 when it is constructed at a later date. The site development scope includes demolition of existing structures, utility connections and upgrades, temporary erosion control, vehicular and pedestrian paving, power, low voltage distribution, lighting controls, site telecommunications, site fire protection, and landscape improvements. These site development activities will occur within the existing 377-acre VA American Lake Campus. The campus was founded in 1923 and consists of multiple healthcare facilities in the Spanish Colonial Revival which are listed on the National Register of Historical Buildings. As such, it will be important that the future Building 201 Outpatient clinic and associated site development under Phase 2A would be able to fully integrate into the existing VA American Lake Campus.

The identif ied brand/manufacturer or equal items are intended to be examples for the basis of design for Exterior Site Lighting and Civil - Site items (stormwater conveyance). The use of brand name or equal items in the design are required to not only convey the desired level of architectural compatibility with the historic fabric of the campus, but to successfully integrate new site infrastructure into the existing campus utilities and surrounding underground infrastructure. Table 1 (encl) identifies the specification(s) that lists salient characteristics of the items required, identifies each manufacturer/brand name items and the estimated value of the identif ied items covered by this justif ication memo which totals $ . The estimated period of performance of this construction requirement is 365 calendar days.

4. AUTHORITIES CITED: The authorities cited herein apply specifically to the application and justif ication for use of brand name or equal descriptions and provide explanation as follows:

FAR 11.104 Use of brand name or equal purchase descriptions, identifies that the use of brand name or equal purchase descriptions may be advantageous under certain circumstances; however, a description of salient characteristics must be included.

DFARS 211.104(1) mandates that a justif ication and approval is required to use brand name or equal descriptions and that justif ication requirements must comply with DFARS 206.302- 1(c)(2). As such, this justif ication complies.

10 U.S.C. 2304(f), as implemented by DFARS 206.302-1(c)(2), “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements” , requires compliance with the justif ication and approval requirements stated in FAR 6.303. This justif ication applies only to the brand name products (or approved equals) for the potential award of the solicitation action as specified herein. Table 1 identif ies the specific brand names or equals in combination with the associated specification(s) that lists salient characteristics.

FAR 6.302-1(c)(1)(ii) identifies that a justif ication and approval (J&A) is required to only cover the portion of the acquisition which is brand-name or peculiar to one manufacturer. In accordance with USACE Acquisition Instruction (UAI) 5106.304-100 Approval of the Justif ication, if the J&A threshold is below $750,000, the contracting officer has approval authority.

The justif ication, as identif ied herein, is prepared to meet the requirements of DFARS 211.104.

Despite this, DFARS PGI 206.303-2(b)(i)(A) requires a sources sought/RFI be posted, even though the solicitation provides for full and open competition after exclusion of sources (SDVOSB set-aside). The USACE design team has identif ied sources that meet the salient characteristics identif ied in the specifications, and all brand names and respective specification sections are for illustrative purposes to indicate the intended design aesthetic/performance for exterior lighting or civil-site stormwater conveyance performance.

5. REASONS FOR AUTHORITY CITED – EXTERIOR SITE LIGHTING:

a. Background: The Phase 2A Site Development will include a new 600 stall asphalt parking area with perimeter access road and pedestrian drive. The parking area will include landscaped zones, hardscape areas, pedestrian access roads, and bioretention facilities. The parking area will include standard parking stalls and barrier free parking for accessibility. As required by the VA Lighting Design Manual, “…the exterior lighting shall enhance nighttime visibility and promote safety and security for pedestrians and vehicles. Provide increased illumination for signage, pedestrian crosswalks, and bus stops… and include photometric distribution.” In addition, lighting design professionals are expected to plan and design these systems to meet VA standards and objectives for safety and security, function and wayfinding, and maintenance and operations.

b. Justification: Exterior Site Lighting: The current VA Lighting Design Manual identifies elements under this category are to be designed to enhance nighttime visibility and promote safety and security for pedestrians and vehicles. The American Lake Campus includes facilities on the historic registry which are under the review and design approval authority of the State Historic Preservation Office (SHPO). The lighting design for the site includes consideration of the building-related design elements and components of the building construction which for American Lake, which includes a Spanish Colonial Revival Architectural Style. Site lighting will cover both roadways, hardscape, softscape, landscape, pedestrian walkways, and areas of the exterior building lighting. The lighting designer must determine an appropriate level of illumination which meets both minimum lighting levels, f ixtures based on the respective aesthetic, durability and maintenance qualities, and characteristics applicable to the historic fabric of the American Lake Campus. These features cannot otherwise be described without elaborate and highly technical lighting calculations to include photometric distribution (as required by VA Design Manual), as general descriptions would do little to assist offerors in identifying products likely to meet the needs of the Government. The VA Lighting Design Manual notes the following requirements: (reference VA Lighting Design Manual, Chapter 3).

The lighting designer must provide photometric distribution drawings to select and minimize spacing requirements for exterior light pole locations, control zones with time schedules for all lighting circuits, consideration of roadway surface luminance impacts to nighttime visibility, coordination of poles and luminaries with exterior building and landscape color palette, signage, pedestrian crosswalks, bus stops and to mitigate light trespass. In order to fully evaluate and select fixtures that meet requirements for both vehicular, pedestrian, roadway, and exterior building lighting, requirements for each category must be calculated and evaluated collectively to ensure the overall light illumination across these areas are both consistent and perceptibly undisruptive to patients and staff.

Further, the UFC states the following regarding Trade Names and Nonproprietary Disclaimers: (ref. UFC 3-12-10, ¶ 4-5.1.2)

The Government prohibits the use of proprietary materials, f inishes 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, f inish, color rendering, and photometric information to establish a frame of reference in the development of the lighting design.

By way of example, the exterior lighting fixtures must be selected to complement the Architectural Style of the American Lake Campus. Lighting selection must not only include a style of fixture, but also must ensure a complementary lighting level is met, which may be different from the minimum illumination levels required by code. To select a fixture that complements the historical fabric of a specific time period (Spanish Colonial Revival 1923-1926), it is not always sufficient to merely identify an illumination level and a character that is not often reflected in current design styles. To identify a required style in an adjectival way without a brand name, say dark green, pale green, etc. lacks the specificity necessary to convey a style required by the Government and opens the door to subjective interpretations. To use an adjectival description without an associated brand name would lead to confusion, and extra effort on the part of the Contractor to obtain the correct style, color, and illumination level with no additional benefit to the Government. Many manufacturers routinely duplicate their competitor’s products with their own products. By using a brand name or equal specification to describe the requirement, the offeror is able to immediately understand what is required by the Government, and research competitive products regardless of the brand name procured.

As required by the UFC, non-proprietary specifications are developed to identify the performance characteristics of the respective required design elements. Manufacturer and product names are identif ied solely to provide a basis for the color rendering, illumination level, style, and visual integrity and continuity of the respective fixtures and luminaires. By providing this basis, the contractor would be able to determine if the product submitted for approval will conform to the intended aesthetic of the design.

c. Alternatives: There were two potential alternatives considered. The first alternative considered would have been to convert the procurement into a design-build procurement without complete designs and require the effort of a qualif ied contractor who must meet the requirements set forth in the UFC. This alternative is not feasible because it is impracticable to fully design a system to meet requirements without assumptions of product specifications, especially given the number of potential individual subcontractors supplying their respective items.

The second alternative considered would have been to rewrite the specifications to remove brand name/manufacturer references from the solicitation. This alternative is not currently feasible as there is no alternative way to adequately describe the features of required products. Offerors would be forced to rely on complex and highly technical adjectival descriptions and base line illumination calculations that would not adequately describe the required product features. If the basis of design brand name or equal specifications are not permitted to be used, it would effectively limit the ability of the Government to control the design and would create a risk that the end user would receive less expensive, low-quality products that do not satisfy its needs for the American Lake Campus. Offerors would be forced to guess which options fit in both style and illumination level with the historical fabric of the American Lake Campus.

d. Impact: Providing the basis of design requirements for the desired level of illumination, finish and style is an industry standard necessary to complete a 100% design needed for Design-Bid-Build procurement. Design-Bid-Build procurements ensure that the government has maximum control over the design of the requirement and at the same time, maximizes competition. If the basis of design elements here were not permitted to be used, it would effectively limit the ability of the government to control the design and meet the needs of a historic campus with oversight from the State Historic Preservation Office and would increase potential costs of the acquisition due to uncertainties of the offeror and subsequent additional required post award coordination not in the contract.

6. REASONS FOR AUTHORITY CITED – CIVIL – SITE (STORMWATER CONVEYANCE):

a. Background and Justification: Civil – Site: The current VA Site Design Manual identif ies elements under this category are to be designed to minimize modification to the existing natural topography and with a focus of development of areas with minimal non engineered slopes and in support of existing infrastructure to mitigate construction disturbance. This supports preserving and maintaining natural drainage areas and reducing site work.

The American Lake Campus is an existing medical campus with existing and operating site infrastructure. Continuity of existing site drainage and stormwater runoff is important to ensure Low Impact Development Strategies, which includes evaluation of how existing water moves through the landscape under existing conditions and working with those existing characteristics and drainage patterns to integrate the design with natural features and other constraints. Integration of new stormwater design into an existing system requires specific design evaluation and continuity. The Civil Engineer will need to integrate new systems to serve as extensions of an existing system surrounded by compressed underground site infrastructure. These detailed evaluations, as required by the VA Site Design Manual, help to ensure compatibility, minimize site disturbance, support integration, and to limit interference with utilities during later phases of the Building 201 – Outpatient Clinic. General descriptions would do little to assist the offerors in identifying products likely to meet the needs of the Government and an existing and operating medical campus.

Further, the UFC states the following regarding Trade Names and Nonproprietary Disclaimers: (ref. UFC 3-12-10, ¶ 4-5.1.2)

The Government prohibits the use of proprietary materials, f inishes 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, as manufacturers have their own design criteria in sizing/selecting the facility. In order to select a water quality treatment unit, the project must identify stormwater run-off f low rates from individual basins, existing site-specific grading, existing and new planting design and layout, and the depth of the existing and proposed conveyance or infiltration systems.

As required by the UFC, non-proprietary specifications are developed to identify the performance characteristics of the respective required design elements. Manufacturer and product names are identif ied solely to provide a basis for the size, flow, and conveyance of the system. By providing this basis, the contractor would be able to determine if the product submitted for approval will conform to the existing underground site infrastructure within a heavily congested site.

b. Alternatives: There were two potential alternatives considered. The first alternative considered would have been to convert the procurement into a design-build procurement without complete designs and require the effort of a qualif ied contractor who must meet the requirements set forth in the UFC. This alternative is not feasible because it is impracticable to fully design a system to meet requirements without assumptions of product specifications, especially given the number of potential individual subcontractors supplying their respective items.

The second alternative considered would have been to rewrite the specifications to remove brand name/manufacturer references from the solicitation. This alternative is not currently feasible as there is no alternative way to adequately describe the features of required products. Offerors would be forced to rely on complex and highly technical adjectival descriptions and base line calculations that would not adequately describe the required product features or meet the constraints of existing underground infrastructure on an operating medical campus.

c. Impact: Providing the basis of design requirements for stormwater conveyance is an industry standard necessary to complete a 100% design needed for Design-Bid-Build procurement. Design-Bid-Build procurements ensure that the government has maximum control over the design of the requirement and at the same time, maximizes competition. If the basis of design elements here were not permitted to be used, it would effectively limit the ability of the government to control the design and surrounding infrastructure disruptions and would increase potential costs of the acquisition due to uncertainties of the offeror and subsequent post award coordination.

7. EFFORTS TO OBTAIN COMPETITION: Market research was performed by the technical team for the non-proprietary items identif ied as “basis of design” in Table 1. Further, a Request for Information/Sources Sought was posted to SAM.gov on 21 Dec 2021. Two responses were received for lighting and no responses were received for stormwater conveyance. The lighting responses did not include sufficient information to make an “or equal” determination. In addition to identifying “items”, a vendor would need to have read the respective specification section(s) to prepare its response/submittal as it relates to the basis of design specified. The Government will review any brand name or equal items/manufacturers post award in accordance with USACE construction contract administration procedures. Products will be approved during construction when all contract requirements are met and verif ied through the submittal procedures outlined in the respective specification sections.

8. ACTIONS TO INCREASE COMPETITION: A Sources Sought was posted on 21 Dec 2021.

Further, it is anticipated that small business subcontracting opportunities will exist.

9. MARKET SURVEY: Based on involvement of experts in the field, knowledge of the market, and review of product availability there are more than sufficient products available to meet project needs. Items listed in the project plans and specifications are provided solely as the necessary basis of design, and as otherwise described above in items 5 and 6.

10. INTERESTED SOURCES: In accordance with FAR 5.102(a)(6), this justification will be posted to the Government Point of Entry (sam.gov) at the same time the construction solicitation is issued. Any sources that indicate interest as a result of the J&A posting will be responded to.

11. OTHER FACTORS:

a. Procurement History: This is a new acquisition for construction of the VAAL Phase A – Site Development project, featuring selected site work intended to support Building 201 when it is constructed at a later date.

b. Acquisition Data Availability: Not applicable.

c. Unusual and Compelling Urgency: Not applicable.

d. Subcontracting Competition: Subcontracting opportunities exist for suppliers, distributors and/or installers. Subcontracting competition will be the responsibility of the offeror or prime contractor awarded the contract. Applicable subcontracting competition requirements will be included in the solicitation and the resultant contract.

Table 1

VA - AMERICAN LAKE - PHASE 2A

Brand Names or Equal Items

Spec Section and/or Drawing Category Manufacturer Product/Model/Color Quantity Estimated Total $

Spec 33 40 00, Drawings CG 101-

105, CUI 101-105, ES 101, EL 601

Stormfilter Catch Basin Contech Engineered Solutions 1-Cartridge - SFCB1-C

Spec 33 40 00, Drawings CG 101-

105, CUI 101-105, ES 101, EL 601

Stormfilter Catch Basin Contech Engineered Solutions 3-Cartridge - SFCB3-C

Spec 33 40 00, Drawings CG 101-

105, CUI 101-105, ES 101, EL 601

Stormfilter Manhole Contech Engineered Solutions 48" 2-Cartridge - SFMH48

Spec 26 56 00; Drawings CG 101-

105, CUI 101-105, ES 101, EL 601

Lighting Kim Lighting/Hubbell Altitude 2.0

1SA-ALT2 100L-200 4K8 3 UNV A46 GTT

NXSPW30F CP

RTA-K 30 80 B 1 K2 GTT POLE

Spec 26 56 00; Drawings CG 101-

105, CUI 101-105, ES 101, EL 601

Lighting Kim Lighting/Hubbell Altitude 2.0

1SA-ALT2 100L-200 4K8 3 UNV A46 GTT

NXSPW30F BC CP

RTA-K 30 80 B 1 K2 GTT POLE 6

Spec 26 56 00; Drawings CG 101-

105, CUI 101-105, ES 101, EL 601

Lighting Kim Lighting/Hubbell Altitude 2.0

2SB-ALT2 100L-200 4K8 3 UNV A46 GTT

NXSPW30F CP

RTA-K 30 80 B 1 K2 GTT POLE 9

Spec 26 56 00; Drawings CG 101-

105, CUI 101-105, ES 101, EL 601

Lighting Kim Lighting/Hubbell Altitude 2.0

1SA-ALT1 28L-20 4K8 4 UNV A34 GTT

NXSPW30F CP

RTA-K 14 40 A 1 K2 GTT POLE 2

Spec 26 56 00; Drawings CG 101-

105, CUI 101-105, ES 101, EL 601

Lighting Sternberg Lighting EURO

PT-E450LED-R3-21L-35-T5-MDL10-LF/

3212FP4-188/SBA/OWGT 21

Total