W912QR21R0068_JAs 6_Oct_2021 (Redacted).pdf

JUSTIFICATION AND APPROVAL (J&A)

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Agency: USACE Louisville District

2. Description of the Action: 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 U.S.C § 2304(f). DFARS 206.302- 1(c)(2) requires justification for “or equal” descriptions. Approval is requested to include brand-name or equal product descriptions in solicitation W912QR-21-R-0068 as the basis of design for exterior f inish items in a new construction contract action for the Mission Support Group Facility project at Minneapolis- Saint Paul Air Reserve Station (ARS), MN. The f irm-fixed-price construction project is funded with FY21 Air Force Reserve MILCON funds. The plans and specifications indicate the standard of quality required and the make and model used as basis of design. The plans and specifications also note that these brand-name items and are only listed because it is necessary to complete a 100% construction design necessary for a Design-Bid-Build solicitation.

3. Description of Supplies/Services or Nature of Construction: The construction contract requires a new construction of a mission support group facility to consolidate functions across the installation. The project is located at Minneapolis-Saint Paul Air Reserve Station (ARS), MN.

Substantial completion of the construction is required by approximately August 2023. The construction contract estimate is approximately The estimated value of exterior finish items with basis of design indicated is approximately , not including Supervision, Inspection, and Overhead (SIOH).

This construction contract action is to be solicited using a small business, certified HUBZone, 8A, Woman-Owned Small Business or Service Disabled Veteran Owned Business set-aside competitive procurement.

The design includes 4 separate instances where Brand-Name basis of design identification is made for exterior f inish items, with an estimated value of approximately . See attachment for a complete list of items, manufacturer, and estimated cost of all items which have a Brand-Name basis of design indicated.

4. Authority Cited: The statutory authority permitting sole sourcing for this acquisition is 10 U.S.C. § 2304(c)(1) as implemented by FAR 6.302-1, 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.

5. Reason for Authority Cited:

a. Background and Project Description. The new facility will support the super squadron for Airlift (cargo & aeromedical) Missions & support & training operations at the Minneapolis-Saint Paul (MSP) Air Reserve Station (ARS) for the Air Force Reserves 934th Airlift Wing (934 AW) in Minnesota. The new facility will contain brand new systems includes heating, ventilation, and air conditioning systems, plumbing, electrical, and telecommunication systems. The project will provide permanent construction in accordance with UFC, IBC, NFPA, FBC, and all other applicable code references/standards.

b. Justification. It is industry standard practice, while designing complex furniture and systems furniture, to base design around products that meet the needs of the project based on the standard of quality required and the make and model used as basis of design. All components must work together and function as a system; the basis of design of each individual component may change based on substitution. The standard of quality must remain the same as the USACE design. The products used as the basis of design for the subject project also fit within a specific footprint.

The basis of design products indicated in the solicitation demonstrate products that meet or exceed the Air Force Reserve Command’s technical specifications, have a reputation of producing high quality products, offer the best warranties in the industry, and are known for delivering on schedule. The basis of design products have compatible, interchangeable parts that lessen costly reconfiguration expenses that may be required in the future. These products exhibit a high degree of modularity ensuring that the components can be used elsewhere within the facility as mission requirements change.

Competition is only limited to the extent necessary to meet the government’s legitimate needs of this project. Contractors are f ree to use any product which meets the government’s minimum needs. As indicated on the plans and specifications, “all listed manufacturers are the basis of design. Other manufacturers may be substituted as long as the standard of quality and characteristics of the substituted manufacturer meet or exceed the standard of quality and characteristics of the basis of design. Reference FAR clause 52.236-5, Material and Workmanship.”

The Materials and Workmanship clause reiterates this point: “References in the drawings and 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 determined to be equal through formal evaluation comparison against the specified salient characteristics as provided by the written specifications for each piece of equipment, material, article or process.

Because furniture manufacturers’ products have slightly different specifications it is necessary to use a product (in each of these instances) as the basis of design. To achieve a 100% design, you must consider factors such as product dimensions, configurations, electrical requirements, communications systems, mounting locations, as examples and among others. While similar, these elements vary among manufactures and not utilizing one component as the basis of design would leave such ambiguities in the design that it would not have sufficient detail necessary to compete a Design-Bid-Build contract.

c. Alternatives. Alternatives to the basis of design products are permissible for this project. Utilizing a basis of design assumptions is a critical component of designing complete furniture systems. It is improbable to fully design a system to meet functional and quality requirements without assumptions of specific products. The alternative to providing assumptions of equipment and the make and model of the basis of design is to solely list the standard of quality and all characteristics whereby the Contractor would be required to design their own system, which essentially converts the contract to design-build.

d. Impact. Providing the make and model of the furniture and furniture systems used as the basis of design is an industry standard necessary to complete a 100% design necessary for a Design-Bid-Build procurement. Design-Bid-Build procurements ensure that the government has maximum control over the design of the requirement and maximizes competition amongst offerors. If the basis of design elements here were not permitted to be used, then it would effectively limit the ability of the government to control the design and impact competition.

6. Ef forts to Obtain Competition: Competition is obtained to the maximum extent practical while meeting the agency’s requirements by utilizing a basis of design product only to the extent it is necessary to complete the 100% design, while allowing contractor to use the brand-named or any other product which meets the government’s minimum characteristics and standards of quality. This basis of design information was only discovered after the solicitation was advertised, and therefore the notice of intent (NOI) was published on 15 September 2021. The J&A will also be uploaded to the solicitation documents available for contractor review on SAM.gov. Any interested bidder that submits an affirmative response to the NOI regarding their ability to provide products that meet the intent of the solicitation will be evaluated by the team for acceptability with the SPECIFICATIONS.

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.

9. Interested Sources: There were no responses to the NOI posting. The solicitation will be synopsized in accordance with FAR 5.201, and responses will be evaluated per FAR Part 15. 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 specifications are provided as the basis of design.

10. Other Factors: None.

11. Technical Certification

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.

12. Requirements Certification

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.

13. Fair and Reasonable Price Determination

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. Provide the basis for this determination (e.g., describe techniques to be used to determine fair and reasonable price, such as cost analysis, price analysis, audit, should cost, independent Government estimate, etc.). As part of this basis, indicate whether certified cost or pricing data will be required or if one of the exceptions in FAR 15.403 will apply.

14. Contracting Officer Certification

I certify that this justification is accurate and complete to the best of my knowledge and belief:

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

Date

Of f ice of Counsel

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 U.S.C. § 2304(f ). DFARS 206.302-1(c)(2) requires justification for “or equal” descriptions. Approval is requested to include brand-name or equal product descriptions in solicitation W912QR-21-R-0068 as the basis of design for exterior wall option items in a new construction contract action for the Mission Support Group Facility project at Minneapolis-Saint Paul Air Reserve Station (ARS), MN. The f irm-fixed-price construction project is funded with FY21 Air Force Reserve MILCON funds. The plans and specifications indicate the standard of quality required and the make and model used as basis of design. The plans and specifications also note that these brand-name items and are only listed because it is necessary to complete a 100% construction design necessary for a Design-Bid-Build solicitation.

3. Description of Supplies/Services or Nature of Construction: The construction contract requires anew construction of a mission support group facility to consolidate functions across the installation. The project is located at Minneapolis-Saint Paul Air Reserve Station (ARS), MN.

Substantial completion of the construction is required by approximately August 2023. The construction contract estimate is approximately The estimated value of exterior wall option item with basis of design indicated is approximately not including Supervision, Inspection, and Overhead (SIOH).

This construction contract action is to be solicited using a small business, certified HUBZone, 8A, Woman-Owned Small Business or Service Disabled Veteran Owned Business set-aside competitive procurement.

The design includes 2 separate instances where Brand-Name basis of design identification is made for exterior wall option items, with an estimated value of approximately . See attachment for a complete list of items, manufacturer, and estimated cost of all items which have a Brand-Name basis of design indicated.

4. Authority Cited: The statutory authority permitting sole sourcing for this acquisition is 10 U.S.C. § 2304(c)(1) as implemented by FAR 6.302-1, 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.

5. Reason for Authority Cited:

a. Background and Project Description. The new facility will support the super squadron for Airlift (cargo & aeromedical) Missions & support & training operations at the Minneapolis-Saint Paul (MSP) Air Reserve Station (ARS) for the Air Force Reserves 934th Airlift Wing (934 AW) in Minnesota. The new facility will contain brand new systems includes heating, ventilation, and air conditioning systems, plumbing, electrical, and telecommunication systems. The project will provide permanent construction in accordance with UFC, IBC, NFPA, FBC, and all other applicable code references/standards.

b. Justification. It is industry standard practice, while designing complex furniture and systems furniture, to base design around products that meet the needs of the project based on the standard of

The basis of design products indicated in the solicitation demonstrate products that meet or exceed the Air Force Reserve Command’s technical specifications, have a reputation of producing high quality products, offer the best warranties in the industry, and are known for delivering on schedule. The basis of design products have compatible, interchangeable parts that lessen costly reconfiguration expenses that may be required in the future. These products exhibit a high degree of modularity ensuring that the components can be used elsewhere within the facility as mission requirements change.

Competition is only limited to the extent necessary to meet the government’s legitimate needs of this project. Contractors are f ree to use any product which meets the government’s minimum needs. As indicated on the plans and specifications, “all listed manufacturers are the basis of design. Other manufacturers may be substituted as long as the standard of quality and characteristics of the substituted manufacturer meet or exceed the standard of quality and characteristics of the basis of design. Reference FAR clause 52.236-5, Material and Workmanship.”

The Materials and Workmanship clause reiterates this point: “References in the drawings and 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 determined to be equal through formal evaluation comparison against the specified salient characteristics as provided by the written specifications for each piece of equipment, material, article or process.

Because furniture manufacturers’ products have slightly different specifications it is necessary to use a product (in each of these instances) as the basis of design. To achieve a 100% design, you must consider factors such as product dimensions, configurations, electrical requirements, communications systems, mounting locations, as examples and among others. While similar, these elements vary among manufactures and not utilizing one component as the basis of design would leave such ambiguities in the design that it would not have sufficient detail necessary to compete a Design-Bid-Build contract.

c. Alternatives. Alternatives to the basis of design products are permissible for this project. Utilizing a basis of design assumptions is a critical component of designing complete furniture systems. It is improbable to fully design a system to meet functional and quality requirements without assumptions of specific products. The alternative to providing assumptions of equipment and the make and model of the basis of design is to solely list the standard of quality and all characteristics whereby the Contractor would be required to design their own system, which essentially converts the contract to design-build.

d. Impact. Providing the make and model of the furniture and furniture systems used as the basis of design is an industry standard necessary to complete a 100% design necessary for a Design-Bid-Build procurement. Design-Bid-Build procurements ensure that the government has maximum control over the design of the requirement and maximizes competition amongst offerors. If the basis of design elements here were not permitted to be used, then it would effectively limit the ability of the government to control the design and impact competition.

6. Ef forts to Obtain Competition: Competition is obtained to the maximum extent practical while meeting the agency’s requirements by utilizing a basis of design product only to the extent it is necessary to complete the 100% design, while allowing contractor to use the brand-named or any other product which meets the government’s minimum characteristics and standards of quality. This basis of design information was only discovered after the solicitation was advertised, and therefore the notice of intent (NOI) was published on 15 September 2021. The J&A will also be uploaded to the solicitation documents available for contractor review on SAM.gov. Any interested bidder that submits an affirmative response to the NOI regarding their ability to provide products that meet the intent of the solicitation will be evaluated 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.

9. Interested Sources: There were no responses to the NOI posting. The solicitation will be synopsized in accordance with FAR 5.201, and responses will be evaluated per FAR Part 15. 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

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 U.S.C. § 2304(f ). DFARS 206.302-1(c)(2) requires justification for “or equal” descriptions. Approval is requested to include brand-name or equal product descriptions in solicitation W912QR-21-R-0068 as the basis of design for flooring items in a new construction contract action for the Mission Support Group Facility project at Minneapolis- Saint Paul Air Reserve Station (ARS), MN. The f irm-fixed-price construction project is funded with FY21 Air Force Reserve MILCON funds. The plans and specifications indicate the standard of quality required and the make and model used as basis of design. The plans are specifications also note that these brand-name items and are only listed because it is necessary to complete a 100% construction design necessary for a Design-Bid-Build solicitation.

3. Description of Supplies/Services or Nature of Construction: The construction contract requires anew construction of a mission support group facility to consolidate functions across the installation. The project is located at Minneapolis-Saint Paul Air Reserve Station (ARS), MN.

Substantial completion of the construction is required by approximately August 2023. The construction contract estimate is approximately The estimated value of flooring items with basis of design indicated is approximately not including Supervision, Inspection, and Overhead (SIOH).

This construction contract action is to be solicited using a small business, certified HUBZone, 8A, Woman-Owned Small Business or Service Disabled Veteran Owned Business set-aside competitive procurement.

The design includes 14 separate instances where Brand-Name basis of design identification is made for f looring items, with an estimated value of approximately See attachment for a complete list of items, manufacturer, and estimated cost of all items which have a Brand-Name basis of design indicated.

4. Authority Cited: The statutory authority permitting sole sourcing for this acquisition is 10 United States Code 2304(c)(1) as implemented by FAR 6.302-1, 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.

5. Reason for Authority Cited:

a. Background and Project Description. The new facility will support the super squadron for Airlift (cargo & aeromedical) Missions & support & training operations at the Minneapolis-Saint Paul (MSP) Air Reserve Station (ARS) for the Air Force Reserves 934th Airlift Wing (934 AW) in Minnesota. The new facility will contain brand new systems includes heating, ventilation, and air conditioning systems, plumbing, electrical, and telecommunication systems. The project will provide permanent construction in accordance with UFC, IBC, NFPA, FBC, and all other applicable code references/standards.

b. Justification. It is industry standard practice, while designing complex furniture and systems furniture, to base design around products that meet the needs of the project based on the standard of quality required and the make and model used as basis of design. All components must work together and function as a system; the basis of design of each individual component may change based on

The basis of design products indicated in the solicitation demonstrate products that meet or exceed the Air Force Reserve Command’s technical specifications, have a reputation of producing high quality products, offer the best warranties in the industry, and are known for delivering on schedule. The basis of design products have compatible, interchangeable parts that lessen costly reconfiguration expenses that may be required in the future. These products exhibit a high degree of modularity ensuring that the components can be used elsewhere within the facility as mission requirements change.

Competition is only limited to the extent necessary to meet the government’s legitimate needs of this project. Contractors are f ree to use any product which meets the government’s minimum needs. As indicated on the plans and specifications, “all listed manufacturers are the basis of design. Other manufacturers may be substituted as long as the standard of quality and characteristics of the substituted manufacturer meet or exceed the standard of quality and characteristics of the basis of design. Reference FAR clause 52.236-5, Material and Workmanship.”

The Materials and Workmanship clause reiterates this point: “References in the drawings and 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 determined to be equal through formal evaluation comparison against the specified salient characteristics as provided by the written specifications for each piece of equipment, material, article or process.

Because furniture manufacturers’ products have slightly different specifications it is necessary to use a product (in each of these instances) as the basis of design. To achieve a 100% design, you must consider factors such as product dimensions, configurations, electrical requirements, communications systems, mounting locations, as examples and among others. While similar, these elements vary among manufactures and not utilizing one component as the basis of design would leave such ambiguities in the design that it would not have sufficient detail necessary to compete a Design-Bid-Build contract.

c. Alternatives. Alternatives to the basis of design products are permissible for this project. Utilizing a basis of design assumptions is a critical component of designing complete furniture systems. It is improbable to fully design a system to meet functional and quality requirements without assumptions of specific products. The alternative to providing assumptions of equipment and the make and model of the basis of design is to solely list the standard of quality and all characteristics whereby the Contractor would be required to design their own system, which essentially converts the contract to design-build.

d. Impact. Providing the make and model of the furniture and furniture systems used as the basis of design is an industry standard necessary to complete a 100% design necessary for a Design-Bid-Build procurement. Design-Bid-Build procurements ensure that the government has maximum control over the design of the requirement and maximizes competition amongst offerors. If the basis of design elements here were not permitted to be used, then it would effectively limit the ability of the government to control the design and impact competition.

6. Ef forts to Obtain Competition: Competition is obtained to the maximum extent practical while meeting the agency’s requirements by utilizing a basis of design product only to the extent it is necessary to complete the 100% design, while allowing contractor to use the brand-named or any other product which meets the government’s minimum characteristics and standards of quality. This basis of design information was only discovered after the solicitation was advertised, and therefore the notice of intent (NOI) was published on 15 September 2021. The J&A will also be uploaded to the solicitation documents available for contractor review on SAM.gov. Any interested bidder that submits an affirmative response to the NOI regarding their ability to provide products that meet the intent of the solicitation will be evaluated by the team for acceptability with the SPECIFICATIONS.

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.

9. Interested Sources: There were no responses to the NOI posting. The solicitation will be synopsized in accordance with FAR 5.201, and responses will be evaluated per FAR Part 15. 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

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.

12. Requirements Certification

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.

13. Fair and Reasonable Price Determination

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. Provide the basis for this determination (e.g., describe techniques to be used to determine fair and reasonable price, such as cost analysis, price analysis, audit, should cost, independent Government estimate, etc.). As part of this basis, indicate whether certified cost or pricing data will be required or if one of the exceptions in FAR 15.403 will apply.

14. Contracting Officer Certification

I certify that this justification is accurate and complete to the best of my knowledge and belief:

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

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 U.S.C. § 2304(f ). DFARS 206.302-1(c)(2) requires justification for “or equal” descriptions. Approval is requested to include brand-name or equal product descriptions in solicitation W912QR-21-R-0068 as the basis of design for interior f inishes items in a new construction contract action for the Mission Support Group Facility project at Minneapolis-Saint Paul Air Reserve Station (ARS), MN. The f irm-fixed-price construction project is funded with FY21 Air Force Reserve MILCON funds. The plans and specifications indicate the standard of quality required and the make and model used as basis of design. The plans and specifications also note that these brand-name items and are only listed because it is necessary to complete a 100% construction design necessary for a Design-Bid-Build solicitation.

3. Description of Supplies/Services or Nature of Construction: The construction contract requires anew construction of a mission support group facility to consolidate functions across the installation. The project is located at Minneapolis-Saint Paul Air Reserve Station (ARS), MN.

Substantial completion of the construction is required by approximately August 2023. The construction contract estimate is approximately The estimated value of interior finish items with basis of design indicated is approximately not including Supervision, Inspection, and Overhead (SIOH).

This construction contract action is to be solicited using a small business, certified HUBZone, 8A, Woman-Owned Small Business or Service Disabled Veteran Owned Business set-aside competitive procurement.

The design includes 28 separate instances where Brand-Name basis of design identification is made for interior f inishes items, with an estimated value of approximately . See attachment for a complete list of items, manufacturer, and estimated cost of all items which have a Brand-Name basis of design indicated.

4. Authority Cited: The statutory authority permitting sole sourcing for this acquisition is 10 U.S.C. § 2304(c)(1) as implemented by FAR 6.302-1, 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.

5. Reason for Authority Cited:

a. Background and Project Description. The new facility will support the super squadron for Airlift (cargo & aeromedical) Missions & support & training operations at the Minneapolis-Saint Paul (MSP) Air Reserve Station (ARS) for the Air Force Reserves 934th Airlift Wing (934 AW) in Minnesota. The new facility will contain brand new systems includes heating, ventilation, and air conditioning systems, plumbing, electrical, and telecommunication systems. The project will provide permanent construction in accordance with UFC, IBC, NFPA, FBC, and all other applicable code references/standards.

b. Justification. It is industry standard practice, while designing complex furniture and systems furniture, to base design around products that meet the needs of the project based on the standard of

The basis of design products indicated in the solicitation demonstrate products that meet or exceed the Air Force Reserve Command’s technical specifications, have a reputation of producing high quality products, offer the best warranties in the industry, and are known for delivering on schedule. The basis of design products have compatible, interchangeable parts that lessen costly reconfiguration expenses that may be required in the future. These products exhibit a high degree of modularity ensuring that the components can be used elsewhere within the facility as mission requirements change.

Competition is only limited to the extent necessary to meet the government’s legitimate needs of this project. Contractors are f ree to use any product which meets the government’s minimum needs. As indicated on the plans and specifications, “all listed manufacturers are the basis of design. Other manufacturers may be substituted as long as the standard of quality and characteristics of the substituted manufacturer meet or exceed the standard of quality and characteristics of the basis of design. Reference FAR clause 52.236-5, Material and Workmanship.”

The Materials and Workmanship clause reiterates this point: “References in the drawings and 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 determined to be equal through formal evaluation comparison against the specified salient characteristics as provided by the written specifications for each piece of equipment, material, article or process.

Because furniture manufacturers’ products have slightly different specifications it is necessary to use a product (in each of these instances) as the basis of design. To achieve a 100% design, you must consider factors such as product dimensions, configurations, electrical requirements, communications systems, mounting locations, as examples and among others. While similar, these elements vary among manufactures and not utilizing one component as the basis of design would leave such ambiguities in the design that it would not have sufficient detail necessary to compete a Design-Bid-Build contract.

c. Alternatives. Alternatives to the basis of design products are permissible for this project. Utilizing a basis of design assumptions is a critical component of designing complete furniture systems. It is improbable to fully design a system to meet functional and quality requirements without assumptions of specific products. The alternative to providing assumptions of equipment and the make and model of the basis of design is to solely list the standard of quality and all characteristics whereby the Contractor would be required to design their own system, which essentially converts the contract to design-build.

d. Impact. Providing the make and model of the furniture and furniture systems used as the basis of design is an industry standard necessary to complete a 100% design necessary for a Design-Bid-Build procurement. Design-Bid-Build procurements ensure that the government has maximum control over the design of the requirement and maximizes competition amongst offerors. If the basis of design elements here were not permitted to be used, then it would effectively limit the ability of the government to control the design and impact competition.

6. Ef forts to Obtain Competition: Competition is obtained to the maximum extent practical while meeting the agency’s requirements by utilizing a basis of design product only to the extent it is necessary to complete the 100% design, while allowing contractor to use the brand-named or any other product which meets the government’s minimum characteristics and standards of quality. This basis of design information was only discovered after the solicitation was advertised, and therefore the notice of intent (NOI) was published on 15 September 2021. The J&A will also be uploaded to the solicitation documents available for contractor review on SAM.gov. Any interested bidder that submits an affirmative response to the NOI regarding their ability to provide products that meet the intent of the solicitation will be evaluated 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.

9. Interested Sources: There were no responses to the NOI posting. The solicitation will be synopsized in accordance with FAR 5.201, and responses will be evaluated per FAR Part 15. 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

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.

12. Requirements Certification

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.

13. Fair and Reasonable Price Determination

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. Provide the basis for this determination (e.g., describe techniques to be used to determine fair and reasonable price, such as cost analysis, price analysis, audit, should cost, independent Government estimate, etc.). As part of this basis, indicate whether certified cost or pricing data will be required or if one of the exceptions in FAR 15.403 will apply.

14. Contracting Officer Certification

I certify that this justification is accurate and complete to the best of my knowledge and belief:

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