USACE Basis of Design J&A for Interior Finishes - Notice of Intent

USACE requests a class justification and approval (J&A) for other than full and open competition to allow Contracting Officers to issue solicitations for construction contracts where “brand name or equal” references are necessary to effectively communicate interior color and finish selections. The estimated cost for this class J&A is $230 million, covering projects from Fiscal Year (FY) 27 through FY29. 10 U.S.C 3204(a)(1) as implemented by the Revolutionary Federal Acquisition Regulation (FAR) Overhaul (RFO) Part 6 and Defense Federal Acquisition Regulation Supplement (DFARS) Class Deviation 2026-O0017, Revision 1. DFARS 206.103-170(c) states “Notwithstanding FAR 6.103-1(d), in accordance with section 888(a) of the National Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114-328), the justification and approval addressed in FAR 6.104 is required in order to use brand name or equal descriptions.” This class J&A alleviates the need to execute an individual J&A on a contract-by-contract basis when using such descriptions or specifications in accordance with applicable FAR and DFARS sections. The plans and specifications issued as part of a construction solicitation may include brand name or equal references for architectural finishes that shall be regarded as establishing a standard of quality and shall not be construed as limiting competition to the identified brand. The Contractor may, at its option, use any product that, in the judgement of the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in the contract. This Notice of Intent is not applicable to any single project but covers all construction projects for which the designation of finish colors and/or aesthetic is reasonably anticipated. The funding for these projects encompasses all funds USACE obligates for construction including the Civil Works Mission, the Military Construction Mission and all projects executed by USACE contracting in support