W912QR26BA008 - Construction of TMAC at NSWC - Crane, IN

Justification and Approval (J&A) for Other Than Full and Open Competition

This document provides a Class Justification and Approval (J&A) for the U.S. Army Corps of Engineers (USACE) to issue solicitations for construction contracts using "brand name or equal" references. This is necessary to effectively communicate interior color and finish selections within the Basis of Design (BOD) for projects.

• 10 U.S.C § 3204(a)(1) (effective January 1, 2022), as implemented by FAR 6.302-1(c) and DFARS 206.302-1(c)(2) and (S-70), citing "Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements."

• USACE requests this J&A to allow Contracting Officers to use "brand name or equal" references in solicitations for construction contracts.

• The estimated cost for this Class J&A is for future projects from Fiscal Year (FY) 2022 through FY 2026.

• The BOD for construction projects includes principles, assumptions, and criteria for design, which sets forth required "finishes" (e.g., paint, carpeting, window coverings).

• "Brand name or equal" references are used to convey specific shades or aesthetic requirements that cannot be adequately described otherwise, ensuring aesthetic compatibility.

• These references are intended to relay the BOD for interior finishes and are not meant to restrict competition. Manufacturers' names, product lines, etc., are provided to establish a standard, but products meeting salient characteristics and equivalent color identifiers are acceptable.

• The use of brand name references is necessary to convey specific requirements for interior finishes to ensure a complete and coordinated design aesthetic, as required by Unified Facilities Criteria (UFC) 3-120-10 Interior Design.

• It is not practicable to convey required finishes (e.g., specific paint shades) through descriptions alone.

• Market research indicates that manufacturers are supportive of this approach, agreeing that it allows for understanding design intent while enabling submission of alternate products.

• The use of brand name references is not expected to unfairly limit competition or impact small businesses.

• Interior designers conduct market research to identify a minimum of three manufacturers for each finish item.

• A Notice of Intent (NOI) to Sole Source was posted on SAM.gov, and no responses were received.

• This J&A is necessary for Design-Bid-Build procurements to ensure the government has maximum control over design and maximizes competition.

• Without this J&A, it would limit the government's ability to control aesthetic design, leading to uncoordinated project finishes.

• An alternative would be to prepare individual J&As for each project, which is inefficient and time-consuming.

Form / Attachment / Pricing Sheet

This document is a Class Justification and Approval (J&A) for Other Than Full and Open Competition. It allows the U.S. Army Corps of Engineers (USACE) to issue solicitations for construction contracts that include "brand name or equal" references for interior color and finish selections. This is necessary to effectively communicate the Basis of Design (BOD) for these finishes.

• Authority: Cites 10 U.S.C. § 3204(a)(1) and FAR 6.302-1(c) for "Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements."
• Description of Action: Requests approval for "brand name or equal" references in construction solicitations to communicate interior color and finish selections.
• Description of Supplies/Services: Explains that "brand name or equal" references are used to convey specific aesthetic requirements for interior finishes (e.g., paint, carpeting, window coverings) when mere descriptions are insufficient. These references are intended to establish a standard of quality and aesthetic compatibility, not to restrict competition.
• Estimated Cost: The Class J&A covers future projects from FY22 through FY26, with an estimated total value of [REDACTED].
• Market Research: Details efforts to identify at least three manufacturers for each finish type and outreach to industry trade associations. Responses indicated support for the basis of design approach.
• Interested Sources: A Notice of Intent (NOI) to Sole Source was posted, and no responses were received.

This document explains why "brand name or equal" specifications may be used in future USACE construction solicitations for interior finishes. Bidders should understand that while specific manufacturers or product lines may be referenced, the intent is to define an aesthetic standard, and equivalent products meeting those standards are acceptable. This J&A aims to ensure clear communication of design intent while allowing for competition.

Solicitation / RFP / RFQ

This solicitation is for the Design-Bid-Build (D/B/B) construction of a new facility titled the Trusted Microelectronics Assurance Center (TMAC) at the Naval Surface Warfare Center (NSWC) in Crane, Indiana. The estimated construction cost is between $5,000,000 and $10,000,000. This project is a 100% Small Business Set-Aside.

• Construction of a TMAC building (approximately 6,830 SF base, with options for additional square footage).

• Includes lab space, open office areas, restrooms, breakrooms, mechanical rooms, electrical rooms, TR rooms, and an ICD/ICS 705 controlled area.

• Site work and utilities beyond 5 feet of the facility, including clearing, grubbing, landscaping, backfill, compaction, and grading.

• Purchase and installation of CRACs, supporting equipment, generators, UPS, ATS, and associated concrete pads.

• Purchase and installation of fixed furniture and equipment (FF&E).

• Performance period is 924 calendar days from Notice to Proceed.

• Contract type: Firm Fixed Price.

• Estimated Construction Cost: $5,000,000 - $10,000,000.

• NAICS Code: 236220

• Size Standard: $45,000,000

• Bids are due by 01:00 PM local time on June 15, 2026.

• Bids must be submitted electronically through the Procurement Integrated Enterprise Environment (PIEE) Solicitation Module.

• The basis for award is the lowest evaluated price.

• Offers will be publicly opened at the bid due date and time.

• Performance and Payment Bonds are required within 10 calendar days after award.

• A bid guarantee is required.

• This project is a 100% Small Business Set-Aside.

• Amendments will be available by download only from SAM.gov.

• Technical inquiries and questions should be submitted via Bidder Inquiry in ProjNet.

• A site visit is scheduled for May 19, 2026, at 8:00 AM EDT. Attendees must have a valid Visitor Pass or DBIDS.