USACE Class J&A for Brand Name or Equal Items

The US Army Corps of Engineers, Louisville District is posting this Notice of Intent for a class justification and approval (J&A) that will be applicable across the entire USACE construction program for the fiscal years FY22 through FY26. Notification of Brand Name or Equal Items. In accordance with Section 888(a) of the National Defense Authorization Act (NDAA) for Fiscal Year 2017 (FY17) (Public Law 114-328) as implemented by Defense Acquisition Regulation Supplement (DFARS) 206.302-1(c)(2), the class justification and approval (J&A) addressed in Federal Acquisition Regulation (FAR) 6.303 is required in order to allow USACE Contracting Officer's to issue solicitations for construction contracts, where - brand name or equal references are necessary to effectively communicate finish selections (colors, patterns, textures, and textile designs) for interior finishes. This class J&A satisfies the requirements of DFARS 206.302-1 paragraphs (c) and (S-70), and DFARS 213.501 paragraph (a), and alleviates the need to execute an individual J&A on a contract-by-contract basis when using such descriptions or specifications in accordance with FAR 6.3, DFARS 206.3, FAR 13.5, and DFARS 213.5. 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 of International and Interagency Missions. The individual projects this J&A covers will be solicited across the USACE districts, using whatever acquisition method is deemed most appropriate for the requirement. All responsible sources may submit a capability statement which shall be considered by the agency. The submission must be received no later 12:00 PM Eastern Time on 29 October 2021 to Michael.D.Hutchens@usace.army.mil. THIS IS NOT A REQUEST FOR PROPOSAL.