Justification and Approval for Other Than Full and Open Competition

This is a Class Justification and Approval (J&A) document issued by the U.S. Army Corps of Engineers (USACE), Louisville District, authorizing other than full and open competition for construction contracts where brand name or equal references are necessary to communicate interior color and finish selections.

The J&A covers construction contracts across the USACE Enterprise for Fiscal Years 2022 through 2026, with an estimated annual value and total five-year cost of interior finishes as a percentage of overall construction project costs. The justification supports USACE's need to include brand names or proprietary specifications in solicitations for construction work because adequate interior design and architectural requirements cannot be conveyed through descriptive language alone. According to the Unified Facilities Criteria (UFC) 3-120-10 Interior Design requirements, qualified interior designers must provide complete finish and color selections including manufacturer names, product lines, and model numbers to establish the basis of design for structural interior design elements such as paint, carpeting, window coverings, wall finishes, and ceiling treatments. The document notes that while it is impractical to describe specific shades or aesthetic characteristics (such as paint colors) through descriptions alone, manufacturers can replicate intended hues when referenced by brand name. The authority cited is 10 U.S.C § 3204(a)(1), implementing FAR 6.302-1(c) and DFARS 206.302-1(c)(2) for "Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements." Market research was conducted through outreach to trade organizations and manufacturers, with responses confirming that basis of design specifications do not unfairly limit competition. The approval authorizes approximately 750 of 2,500 annual USACE projects involving interior finish selections, representing approximately 3.5 percent of total construction contract value, to be solicited using brand name references while maintaining competition among manufacturers offering equivalent products.