Justification and Approval_FFE_BOD__Redacted.pdf

Control Number: LRL-FY21-58

JUSTIFICATION AND APPROVAL (J&A)

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Agency: US Army Engineer District, Corps of Engineers, PO Box 59, Louisville, KY 40201-0059

2. Description of the Action: This Justification and Approval (J&A) is being prepared for the use of - Furniture, Fixtures, and Equipment (FF&E) in the project specifications for the construction of a new Aerial Port Facility at the Minneapolis-Saint Paul Air Reserve Station, Minnesota. The firm-fixed-price construction project will be funded with FY21 Military Construction (MILCON) funding.

3. Description of Supplies/Services or Nature of Construction: The project specifications include thirty-four (34) separate instances separate instances where a name-brand product description is used to describe iture, demountable partitions, and storage, among other furniture and equipment items. In each case, a minimum of three products, by three separate manufacturers are cited. The estimated value of this J&A is . The estimated value of the contract is , which included the cost of the components covered in this J&A. This portion of the J&A is approximately % of the total contract.

4. Authority Cited: 10 United States Code 2304(c)(1), as implemented by FAR 6.302-1 and DFARS 206.302-1(c)(2), Only one responsible source and no other supplies or services will satisfy agency requirements. In accordance with Defense Federal Acquisition Regulation (DFARS) 206.302-1(c)(2) and section 888(a) of the NDAA for FY17 (Pub. L. 114-328), this J&A is required in order to use brand name or equal descriptions to describe the requirements for the FF&E required for the Aerial Port Facility project.

5. Reason for Authority Cited:

a. Background and Project Description.

The Aerial Port Facility project at the Minneapolis-Saint Paul Air Reserve Station is new construction at the installation. The facility will aid the 27th Aerial Port Squadron (APS) meet the increase in world-wide operational tempo. A 300% increase in manning has created a desperate need for additional room for the APS to conduct training and satisfy current mission requirements. The new facility will contain brand new systems includes heating, ventilation, and air conditioning systems, plumbing, electrical, and telecommunication systems.

Section 888(a) of the Fiscal Year 2017 (FY17) National Defense Authorization Act (NDAA) (Pub. L. 114-

328) requires competition on Department of Defense 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 DASA(P) Alert 19-108, Brand Name

The FF&E specifications for a construction project include the layout, selection, specification and documentation of furniture, such as workstations, seating, tables, storage, filing, accessories, and artwork, and facilitates the furniture procurement and installation. The FF&E must be designed by a qualified interior designer in accordance with UFC 3-120-

When the Design-Bid-Build project delivery process is used, the FF&E portion of the interior design should be developed concurrently with the building design to ensure coordination with all building systems and construction documents. (See UFC 3-120-10, paragraph 3-3.1) The FF&E package must describe the furniture necessary for the specified in the design and satisfy the applicable life safety codes. It must show the appropriate size and type of furniture and include critical and required clearances. Furniture must be coordinated with locations of items such as equipment and casework, lighting, power and communication, electrical and fire protection panels, and sprinklers. (See UFC 3-120-10, paragraph 4-4.6)

For projects where FF&E is included as part of the project design, it is necessary for the government to include brand names or proprietary specifications to have a complete FF&E package. UFC 3-120- 10 requires that FF&E packages include documentation listing three or more required vendors considered for each furniture items. (See paragraph 5-4.6) It also requires data sheets to be provided for each product, including manufacturer names, product specifications, and finish and fabric information (See paragraph 5-4.7), but requires that systems furniture must be designed using product and features available from three or more manufacturers to ensure open competition (See paragraph 5- 4.10.1).

b. Justification

While it is possible for many manufacturers to produce products that are functionally equivalent to this designated furniture, fixtures and equipment, the features of the listed manufacturers are nonetheless proprietary specifications of the particular manufacturers. Steelcase & Coalesse, Dirtt, 9 to 5 Seating, and Claridge Products & Equipment standards for quality, construction, sustainability, indoor air quality and mechanics are include in the solicitation and address portions of the necessary features required to specify furniture; however, these standards do not address all features of the furniture necessary to define the level of quality, function, installation, warranty and support necessary to satisfy the requirements of the Government.

It is not feasible to specify every single function, piece and part of furniture necessary to obtain an acceptable level of quality. Most furniture manufactures that produce products of the requisite level of quality have proprietary functions that set them apart from their competition. Specifying the details that make any one product acceptable from a quality perspective, could unintentionally lead to the specification of proprietary features. By listing three manufacturers for basis of design, an expectation is set of what level of quality required throughout the entire lifecycle of the furniture, without unnecessarily restricting competition.

Furniture has many parts, pieces and other requirements that must be considered in order to achieve the necessary level of quality. This includes critical requirements in the manufacturing, assembly, on-site installation and warranty phases of furniture procurement. Furniture manufacturers must have a network of dealerships that support them. These dealerships have the installation teams that build the furniture on- an expectation from the bidders of what level of construction and service the Government requires. These relationships between the manufacturer and dealership have specific programs that hold them accountable and ensure consistent quality and service in all aspects of furniture delivery. The quality standards do not address these essential components of FF&E quality.

In addition to listing multiple products from multiple manufacturers for each element in an FF&E package, competition is further encouraged by inclusion of FAR Clause 52.236-5, Materials and Workmanship, in construction contracts, which 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. This clause makes clear that inclusion of name brands or proprietary specifications is only used to establish a level quality, and the contractor can use any brand material that is similar.

The identified brands/manufacturers, or proprietary specifications for each item included in the FF&E package are intended to be examples for the basis of interior design to help ensure the FF&E provided under the construction contract requirements related to installation and warranty.

c. Impact.

Providing the make and model of equipment used as the basis of design is an industry standard necessary to complete a 100% design needed for a Design-Bid-Build procurement. There is no other way to describe the standard of quality of furniture and equipment that will satisfy the needs of the end user. Design-Bid-Build procurements ensure that the government has maximum control over the design of the requirement and maximize competition amongst Offerors. 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 create a risk that the end user would receive less expensive, low quality furnishing and fixtures that do not satisfy its needs. Selecting a few manufacturers to represent the required quality of products also assists in the development of an accurate construction contract estimate.

d. Alternatives

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, with listed alternatives, is a critical component of designing complete and coordinated FF&E packages under the current UFC. It is not possible to fully design an FF&E package that guarantees the Government will receive the required level of quality in the provided furnishings and equipment without referencing examples of acceptable products that will satisfy the functional, space and quality requirements. The only potential alternative would be to convert the procurement into a design-build procurement without complete designs and require the effort of a qualified interior designer who satisfies the requirements of UFC 3-120-10 Interior Design, nment has determined that a design-bid-build procurement is in the best interests of the Government pursuant to FAR Part 36 and the UFC.

6. Efforts to Obtain Competition. Competition is obtained to the maximum extent practical while meeting irements by utilizing a specific product only to the extent it is necessary to complete the 100% design, while allowing contractors to use the brand-named or any other product which meets the dditionally, in each instance where a brand name or equal product description is used, three (3) different products by three (3) different manufacturers will be referenced to further emphasize that there is not one (1) single product that will satisfy the required size, functionality, and standard of quality.

7. Actions to Increase Competition: This J&A supports a discrete requirement that will end when the project is complete. Therefore, there are no planned actions to increase competition for the requirement covered by this J&A.

8. Market Research: Based on involvement of experts in the field, knowledge of the market, review of product availability, and discussion with multiple manufacturers, there is more than sufficient products available to meet project needs. Items listed in the project plans and specs are provided solely as the necessary basis of design.

On 06 April 2021 a Notice of Intent NOI was issued to Sole Source the FF&E. The NOI, W912QR- 21R0039, was posted to Beta.SAM with a 15 day response period for interested contractors. The government did not receive any objections to the intent to sole source the CISCO telecommunication equipment. There were no submissions in response to the NOI.

9. Interested Sources: As stated in Paragraph 8, there were no responses received to the Notice of Intent to Sole Source that was posted on 06 April 2021. This J&A will be posted with issuance of the solicitation in accordance with FAR 5.102(a)(6).

10. Other Factors:

a. Procurement History: N/A b . Acquisition Data Availability: N/A

c. Unusual and Compelling Urgency: N/A

d. Subcontracting Competition: N/A