A.02.06 J&A Brand Names or Equal Final post.pdf

Control No. 21-06

Justification and Approval

For Other than Full and Open Competition

1. CONTRACTING AGENCY: Kansas City District, U.S. Army Corps of Engineers, Contracting Division, 601 E. 12th St., Kansas City, MO 64106

2. DESCRIPTION OF ACTION:

Approval is being requested to use Brand Name or Equal justification as it pertains to Structural Interior Design (SID) items throughout several specification sections in Solicitation No. W912DQ21R4002 for a new firm-fixed-price (FFP) construction project for the Consolidated Vehicle Maintenance Facility, Whiteman AFB, MO.

The justification for use of brand name or equal descriptions, as outlined herein, is being completed to meet all intents of the requirements under the laws, and for the purpose of full transparency, regarding the implementation of Section 888(a) (Pub.

L. 114-328) as referenced in DFARS 206.203-1(c)(2), specifically as it intersects with current UFC 2-120-10, Interior Design.

This project consists of construction of a new approximately 58,000 square foot facility. The facility is a mixed use of office admin and maintenance high bay space to work on vehicles of all sizes.

This Design-Bid-Build opportunity is planned to be solicited as full and open competition. The estimated construction cost for this MILCON project is $22 Million.

The identified brand/manufacturer or equal items are intended to be examples for the basis of interior design to help ensure visual integrity of the new building’s interior finishes. The SID will be procured and installed as part of a firm-fixed-price, design-bid-build construction contract. This procurement is being funded with FY 20 MILCON funds.

3. DESCRIPTION OF SUPPLIES/ SERVICES:

The identified brand/manufacturer name items are intended to solely indicate basis of design for the interior finishes. The specifications are non-proprietary; however, manufacturer(s) and product line(s) are identified to be able to establish a color and aesthetic basis of design. The estimated total value of the identified items covered by this justification memo is $598,000. The estimated period of performance of this

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MILCON requirement is 730 calendar days. The list of manufacturer/ brand name items (or approved equal) is listed in attached Table 1.

4. AUTHORITY CITED:

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.” This justification applies only to the brand name products (or approved equals) for the potential award of the solicitation action as specified herein.

Please see attached Table 1 for specific brand names or equals for the required interior finished materials.

UFC Requirements (reference UFC 3-120-10, 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.

Disclaimer Required (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 SID. Reference UFGS 09 06 00 Schedules for Finishes for the appropriate disclaimer to use that addresses this issue when developing the SID.

5. REASONS FOR AUTHORITY CITED:

a. Background: The SID of a facility includes building-related design elements and components generally part of the building itself, such as walls, ceilings, floor coverings, primary window treatments (blinds, shades and drapery hardware), 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 will be designed by a qualified interior designer in accordance with UFC 3-120-10 Interior Design, Chapter 2 paragraph “Interior Designer Qualifications.”

b. Justification: Under the current UFC, the SID of a building is to be fully coordinated by a qualified interior designer. The selection of the basis of design, the color aesthetic and visual integrity will be upheld and coordinated throughout the facility. The finishes chosen are fully synchronized to provide a cohesive interior to support the building requirements. Per UFC 3-120-10, Chapter 2, “Designers must consider interior design compatibility with the local environment, functional requirements, economy of construction, energy conservation, interior details, sustainable design and life cycle costs. Additionally, the interior design must be designed in harmony with the architectural character of existing facilities that are to remain, especially those that are considered historically or architecturally significant and must comply with the installation aesthetic. Design excellence must not add substantial project costs but balance the functionality, aesthetics, quality, sustainability and maintainability of facilities.”

As required by the UFC, non-proprietary specifications were developed to identify the performance characteristics of the respective required design elements.

Manufacturer and product names are identified solely to provide a basis for the color, pattern and visual integrity of the respective finishes. By providing this basis, the contractor can determine if the product submitted for approval will meet the building aesthetic. This will lead to an overall coordinated, structural interior design for the entire building as intended by the qualified interior designer. Again, it is important to note that the specifications are non-proprietary and that manufacturer names are illustrative for coordinated design aesthetics only.

Example: Carpet tiles come in a variety of colors and patterns. The technical specifications such as ounce weight, durability, coloring and tufting etc., can all be described as non-proprietary performance criteria. However, color and pattern of each carpet’s unique characteristics of the manufacturer and product line are difficult to show without visual examples. If the manufacturer and product line is provided with the solicitation, the offeror will have a basis for color and visual of the intended aesthetic.

By listing the basis of design for the intended SID finishes, the designer can verify the performance specifications and visual requirements are met for the overall building. Alternates may be submitted and approved if these meet the requirements of the specifications and overall color and building aesthetic.

Quality interior design is value added to a project as it vitally improves facility operating efficiency, attractiveness, livability, functionality, life-cycle economics, and the productivity of the users.

Under a typical Design-Bid-Build contract, each individual subcontractor submits the specification only applicable to its product line (ex: tile) and is not required to coordinate with other finishes (ex: paint or other flooring); and the prime contractor is not required by the specifications to have a qualified designer on its staff to coordinate all the finishes chosen by each of the respective subcontractors.

c. Alternatives: The only potential alternative would have been to convert the procurement into a design-build procurement without complete designs and require the effort of a qualified interior designer whom must meet the requirements set forth in UFC 3-120-10 Interior Design, Chapter 2 paragraph “Interior Designer Qualifications.” Utilizing a basis of design is a critical component of designing complete and coordinated structural interior design under the current UFC. It is impracticable to fully design a system to meet requirements without assumptions of material specifications, especially given the numerous individual subcontractors supplying their respective items.

d. Impact: Providing the make and model of materials used as the basis of design is an industry standard necessary to complete a 100% design needed for a 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 would increase the potential costs of the acquisition due to uncertainties of the offeror and subsequent required post award coordination.

6. EFFORTS TO OBTAIN COMPETITION:

The interior designer has done extensive market research for the non-proprietary structural interior design items and has identified a minimum of three manufacturers for each of the Structural Interior Design.

Standardization will provide the ability to seamlessly move providers and peripheral equipment from one location to the next allowing for mission essential functionality.

7. ACTIONS TO INCREASE COMPETITION:

In accordance with FAR 5.102(a)(6), this justification will be posted to the Government Point of Entry (beta.sam.gov) at the same time the solicitation is issued.

Any sources that indicate interest as a result of the sources sought will be evaluated.

8. MARKET RESEARCH:

Market research was conducted by qualified interior designer, Doris Buell, NCIDQ, of HB Consultants, a sub-consultant of Kenneth Hahn Architects. An Internet search was used to identify three vendors for the purpose of market research. The research consisted of reviewing the product catalogs, sample books and websites for similar finishes and colors. The three vendors were able to provide comparable products which met the performance and visual specifications of the solicitation. Should another vendor’s product be chosen, the qualified interior designer will be required to approve the submittal to verify coordination with all other SID finishes.

Standardization will provide the ability to seamlessly move providers and peripheral equipment from one location to the next allowing for mission essential functionality.

9. INTERESTED SOURCES:

In accordance with FAR 5.102(a)(6), this justification will be posted to the Government Point of Entry (beta.sam.gov) at the same time the solicitation is issued.

Any sources that indicate interest as a result of the sources sought will be evaluated.

10. OTHER FACTORS:

a. Procurement History: This is a new acquisition for construction of the

Consolidated Vehicle Maintenance Facility.

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 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.

11. TECHNICAL CERTIFICATION:

I certify the supporting data under my cognizance which are included in the J&A is accurate and complete to the best of my knowledge and belief.

NAME: ___Larry Bolton______________ DATE: _________________________

TITLE: ___Project Manager__________ SIGNATURE: ___________________

12. REQUIREMENTS CERTIFICATION:

I certify the supporting data under my cognizance which are included in the J&A is accurate and complete to the best of my knowledge and belief.

NAME: ___Larry Bolton______________ DATE: _________________________

TITLE: ___Project Manager__________ SIGNATURE: ___________________

13. FAIR AND REASONABLE COST DETERMINATION:

I hereby determine the anticipated costs to the Government for this contract action will be fair and reasonable based on competition of the overall solicitation. Certified cost or pricing data will not be required as the construction contract in which these included manufacturer/ brand names items (or equals) will be awarded based on competition.

NAME: __Alice M. Jeffres____________DATE: _________________________

TITLE: __Contracting Officer_________ SIGNATURE: ___________________

14. CONTRACTING OFFICER CERTIFICATION:

I certify this J&A is accurate and complete to the best of my knowledge and belief.

NAME: __Alice M. Jeffres____________ DATE: _________________________

TITLE: __Contracting Officer__________ SIGNATURE: ___________________

Approval

Based on the foregoing justification, I hereby approve the use of brand name or equal specification for products as listed in Structural Interior Design for solicitation number W912DQ21R4002. These actions are authorized for brand name or equal specifications pursuant to the authority of 10 U.S.C. 2304(f), as implemented by FAR 6.302-1(c)(2) and DFARS 206.302-1(c)(2), “Only one responsible source and no other supplies or services will satisfy agency requirements.” This brand name class justification approval is for the total of $598,000, subject to availability of funds and provided the products described herein have otherwise been authorized for acquisition.

NAME: __Alice M. Jeffres____________ DATE: _________________________

TITLE: __Contracting Officer__________ SIGNATURE: ___________________

Table 1 Product Brand Name Carpet/Flooring CPT-1 Mohawk RF-1 Tnemec RB-1 Roppe CB-1 Roppe Paint P-1 Sherwin Williams P-2 Sherwin Williams P-3 Sherwin Williams P-4 Sherwin Williams P-5 Sherwin Williams P-6 Sherwin Williams Porcelain Tile PT-1 Crossville PT-2 Crossville G-1 Mapei Ceiling Tiles ATC-1 Armstrong ATC-2 Armstrong Solid Surfaces PL-1 Wilsonart SS-1 Corian SS-2 Corian SS-3 Corian

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