W912DQ22R4010 Command Suite Justification and Approval.pdf

CONTROL NO.__22-3______(1)

PROJECT/EQUIPMENT:(2) Command Suite Modification, Kansas City, MO

AUTHORITY: (3) AMOUNT:(4) $186,525.00

NAME (Type or Print) TELEPHONE NO

Prepared By: SFC Francis Frenette 816-389-3814

TITLE DATE

Contract Specialist 9-Mar-22 NAME (Type or Print) TELEPHONE NO

Contracting Officer MAJ Christina Lawson 816-389-3182

TITLE DATE

Same as 13 & 14 in J&A (5) Contract Officer 9-Mar-22 NAME (Type or Print) TELEPHONE NO

Technical (6) Christina Gatewood 816-389-3363

TITLE DATE

Interior Designer, Tech Lead 22-Feb-22 NAME (Type or Print) TELEPHONE NO

Requirements (6) Jennifer Counts 816-389-3457

TITLE DATE

PM 22-Feb-22

SIGNATURES ARE REQUIRED BELOW:

I have reviewed this J&A and find the justification adequate to support other than full and open competition

SIGNATURE DATE

Deputy for Small Business (7)

NAME (Type or Print) TELEPHONE NO Arthur Saulsberry 816-389-3927

SIGNATURE DATE

Project Manager* (8) If no PM, use N/A NAME (Type or Print) TELEPHONE NO

Jennifer Counts 816-389-3457

SIGNATURE DATE

Office of Counsel NAME (Type or Print) TELEPHONE NO David Gasvoda 816-389-3876

SIGNATURE DATE

DCC/CCC Contracting Chf NAME (Type or Print) TELEPHONE NO

SIGNATURE DATE

Field Competition Advocate

NAME (Type or Print) TELEPHONE NO

JUSTIFICATION REVIEW DOCUMENT FOR OTHER THAN FULL AND OPEN COMPETITION

SAULSBERRY.ARTHUR.ERIC.1230627890 Digitally signed by SAULSBERRY.ARTHUR.ERIC.1230627890 Date: 2022.03.25 14:57:17 -05'00'

COUNTS.JENNIFER.RENEE.1103125789 Digitally signed by COUNTS.JENNIFER.RENEE.1103125789 Date: 2022.03.25 17:48:08 -05'00'

Control #__22-3________ Labor Code: __4463FF_____

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 Street, Kansas City, MO 64106

2. DESCRIPTION OF ACTION: The subject Justification and approval (J&A) is submitted regarding the implementation of section 888(a) of the National Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114-328) specifically as it intersects with current UFC 3-120-10, Interior Design.

This Brand Name or Equal justification pertains to Comprehensive Interior Design (CID) package which is made up of the Structural Interior Design (SID) and Furniture, Fixtures and Equipment (FF&E) items throughout several specification sections for the following renovation project:

Command Suite Modification, Kansas City District Office (NWK).

This project consists of a modification of 5 offices involving the purchase and installation of FF&E, to include installation drawings, installation instructions, field measuring, shipping and delivery coordination, receiving, inspection, submitting and processing freight and warranty claims, and moving existing furniture to disposition location. Equipment includes seating, tables and desks, storage solutions, accessories, televisions, and a small component of audio/visual (A/V) items as shown in Table 1 below.

Table 1:

ITEM

DESCRIPTION MANUFACTURER / PRODUCT QTY. UNIT

COST

TOTAL

COST

ACCESSORIES

A1 Glass Markerboard Claridge / Glass Whiteboard 4 $800 $3,200 A2 Dual Monitor Arms Humanscale / Mflex M8 5 $250 $1,250 A3 Keyboard Tray Humanscale / Keyboard Systems

5 $150 $750

SEATING

C1 Task Chair Herman Miller / Cosm 3 $750 $2,250 C2 Guest Chair OFS / Kasura 10 $1,200 $12,000 C3 Conference Chair OFS / Kasura 5-star base 18 $1,500 $27,000

DESKS

D1 CMDR Executive Desk OFS / G2 & Kintra 1 $18,000 $18,000 D2 Deputy Desk OFS / G2 & Kintra 2 $15,000 $30,000 D3 Exec Desk OFS / G2 & Kintra 1 $13,000 $13,000 D4 Admin Desk OFS / G2 & Kintra 1 $12,000 $12,000

EQUIPMENT

E2 TV (65") Samsung 3 $1,000 $3,000 E2 TV (75") Samsung 1 $2,000 $2,000

STORAGE

S1 Lateral File Credenza OFS / Impulse G2 1 $1,500 $1,500 S2 Credenza Shell OFS / Impulse G2 1 $1,200 $1,200 S3 Lateral File Credenza OFS / Impulse G2 2 $2,000 $4,000 S4 Tall Storage Cabinet OFS / Impulse G2 4 $1,800 $7,200 S5 Tall Wardrobe OFS / Impulse G2 1 $2,200 $2,200 S6 2-Drawer Lateral File OFS / Impulse G2 1 $900 $900

TABLES

T1 CMDR Conference Table OFS / Intermix 1 $3,000 $3,000 T2 Conference Table OFS / Intermix 2 $4,000 $8,000 T3 Side Table OFS / Kintra Side 2 $2,400 $4,800 T4 Conference Table OFS / Intermix 1 $4,000 $4,000

A/V V3 FT2-700-ELEC-PTL-AL Crestron 3 $1,300 $3,900

V3 FT2-1400-ELEC-PTL-

AL

Crestron 1 $1,800 $1,800

V3 Switcher Crestron 13 $1,200 $15,600 V3 Adapter Ring Crestron 13 $75.00 $975 V3 Cable Cubby Crestron 4 $500 $2,000 V9 Cabling Crestron 1 $1,000 $1,000

This supply opportunity is being solicited sole source to an 8(a) contractor, Freedom Interior Solutions, LLC. The solicitation is scheduled for issue on 5 April 2022. The estimated cost for this project is $186,525.

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 existing building’s interior finishes and new furniture. The FF&E / A/V will be procured and installed as part of a firm-fixed-price, supply contract. This procurement is being funded with FY22 CDO and G&A funds.

3. DESCRIPTION OF SUPPLIES/SERVICES OR NATURE OF CONSTRUCTION:

The identified brand/manufacturer name items are intended to solely indicate basis of design for the furniture and finishes. The specifications are non-proprietary; however, manufacturer(s) and product line(s) are identified to be able to establish a color, style and aesthetic basis of design. The estimated total value of the identified items covered by this justification memo is $186,525.00. The estimated period of performance of this Scope of Work is 150 calendar days. The estimated value of each manufacturer/brand name items (or approved equal) is listed in attached Table 1.

4. AUTHORITY CITED: I10 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 class 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 and furniture.

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 FF&E in coordination with the building interior.

5. REASON FOR AUTHORITY CITED:

a. Background: The existing interior of the 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 FF&E finish materials based on the respective aesthetic, durability, and maintenance qualities, and coordinate with the existing finishes within each space of the facility. The FF&E was 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 CID of a building is to be fully coordinated by a qualified interior designer. The selection of the basis of design, the color aesthetic, style and visual integrity will be upheld and coordinated throughout the facility. The finishes and furniture 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, style and visual integrity of the respective furniture and finishes. By providing this basis, the contractor is able to determine if the product submitted for approval will meet the building aesthetic. This will lead to an overall coordinated, comprehensive 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: Upholstery fabrics come in a variety of colors and patterns. The technical specifications such as ounce weight, durability, and manufacturing etc., can all be described as non-proprietary performance criteria. However, color and pattern of each upholstery are unique characteristics of the manufacturer and product line and virtually impossible to describe verbally 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 FF&E, the designer has provided the performance specifications for the item and a visual representation. 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 an FF&E contract, the building finishes are existing within the space and the FF&E contractor has no way to coordinate the furniture with the previously designed interior finishes.

By provided a basis of the design the FF&E contract ensures it will coordinate within the existing environment.

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 who 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 furniture specifications, especially given the small scope and requirements obtained to design this space.

d. Impact: Providing the make and model of materials and furniture used as the basis of design is an industry standard necessary to complete and biddable scope. 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 and schedule 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 comprehensive interior design items and has identified a minimum of three manufacturers for each of the items. The notices listed in FAR 5.201 are not required here because this acquisition is being made through the 8(a) program. See FAR 5.202(a)(4).

7. ACTIONS TO INCREASE COMPETITION:

A Sources Sought was posted to beta.SAM on 08 Mar 2022 for seven days. As described in Paragraph 5, Alternatives, only furniture and fixtures meeting the brand name or equal characteristics may be utilized to fulfill the requirements within this contract.

8. MARKET RESEARCH: Market research was conducted by qualified interior designer, Christina Gatewood, NCIDQ of USACE, Kansas City District. 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 styles 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 furniture and finishes.

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). It is intended to fulfill this requirement utilizing an 8(a) Small Business Sole Source (Freedom Interior Solutions, LLC.) for actions less than or equal to $25 million, an authorized procurement approach per FAR 6.302-5(b)(4).

USACE posted on Sam.gov a request for potential offerors to provide input on potential alternatives to the name brand or equal descriptions for inclusion in the solicitation. Three responses were received, each from an interested offeror. A summary of the offerors’ responses is below, and there were no alternatives, as annotated by Attachment 1.

Attachment 1:

Response

Company Capability Statement Submitted

Provided Alternatives

Interest In Project

1 Arete Contracting Yes No Yes 2 Genesis 360, LLC Yes No Yes 3 Freedom Interior

Solutions, LLC Yes No Yes

10. Other Factors:

a. Procurement History: This is a new acquisition for the modification/renovation of the NWK Command Suite. W912DQ-19-C-1002, a similar contract for the purchase and installation of office furniture and equipment also on the 6th floor of the Bolling Federal Building, was awarded to and successfully completed by Freedom Interior Solutions, LLC. Freedom Interior Solutions, LLC. is a responsible 8(a) contractor.

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.

FOR PARAGRAPHS 11 THROUGH 14 - Ensure the same Representative LISTED ON THE

COVER PAGE SIGNS THESE CERTIFICATIONS

11. TECHNICAL CERTIFICATION: Include the following statement:

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

NAME: Christina Gatewood DATE: _________________________

TITLE: Lead Interior Designer SIGNATURE: ___________________

12. REQUIREMENTS CERTIFICATION: Include the following statement:

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

NAME: Jennifer Counts DATE: _________________________

TITLE: Project Manager SIGNATURE: ___________________

13. FAIR AND REASONABLE COST DETERMINATION:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. Fair and reasonable determination will be based on price analysis of the proposal and comparison to the independent government estimate which was developed using market research. Certified cost or price data is not required.

NAME: Christina Lawson DATE: _________________________

TITLE: Contracting Officer SIGNATURE: ___________________

14. CONTRACTING OFFICER CERTIFICATION:

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

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of the Command Suite Modification on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(f), as implemented by FAR 6.302-1(c), DFARS 206.302-1(c)(2), and PGI 206-302- 1(d), subject to the availability of funds, and provided the procurement herein described has otherwise been authorized for acquisition. This brand name class justification approval is for the total of $186,525.00, for brand name or equal items.