3D MAW Brand Name Justification.pdf

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Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

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V 1.3 (28 June 2018)

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION FOR A FAR PART 13 ACQUISITION UNDER THE SIMPLIFIED

ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement (or portion of the requirement to be sole-sourced) is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

Procurement of FY24 Band Instruments requirements. The CLINs reflect what is currently deficient on 3d Marine Aircraft Wing’s (MAW) table of equipment requirements, according to MCO P5000.18 (Marine Corps Band Manual) or are otherwise due for replacement. In accordance with NAVMC 3500.28C (Music Training and Readiness Manual), 3d MAW Band executes a seven-year inventory replacement plan for all band instruments. All requested items are matches of the unit’s current inventory in terms of uniform sound and appearance. This purchase will ensure mission readiness in providing support for the 3d MAW as well as bolstering the national and international musical outreach mission via social media. Equipment requested are:

- 5x Bb Clarinet – Buffet R13 Greenling (BC1131G-2-0)

- 2x Bb Flugelhorn – Yamaha YFH-8310ZII

- 1x Bass Trombone – Edwards 445-CR-E

- 1x Bass Trombone – Bach 50BS

- 2x BBb Sousaphone – Conn 20KSP

- 2x BBb Tuba – Miraphone 1291-5V

- 2x Tuba Case – MTS 1207V

- 1x Acoustic Guitar – Taylor 314-CE

- 1x Electric Bass Guitar – Sadowsky SML24VJ502

- 1x Guitar Amplifier – Mesa/Boogie Mark VII

- 1 xATA Flight Case for Mesa/Boogie Mark VII

- 20x Preamplifier Tube – Mesa/Boogie 12AX7

Controlled by: DON, USMC, I&L HCA Controlled by: MCIWEST RCO

CUI Category(ies): PROCURE Limited Dissemination Control: DL ONLY

POC: Capt Untalan, Gavin (760)725-8451

Gavin.untalan@usmc.mil

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- 8x Power Tube – Mesa/Boogie EL34 STR 446

- 8x Power Tube – Mesa/Boogie 6L6 STR 448

- 4x Rectifier Tube – Mesa/Boogie 5U4GB

- 1x Keyboard Amplifier – Roland KC-400

- 1x ATA Flight Case for Roland KC-400

- 1x Bass Amplifier – Gallien Krueger Legacy 212

- 1x ATA Flight Case for Gallien Krueger Legacy 212 Bass Amplifier

These are all instruments that are in inventory by U.S. Marine Field Bands (MOS 55XX)

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. ___ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. ___ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

2. ___ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

3. ___ OTHER REASONS.

B. _X_ BRAND NAME

Items required must be a brand name, product, or feature of a product, particular to one manufacturer. Although they are playable and can perform the basic functions attributed to musical instruments, lesser models or other brands are of an untested quality and in some cases, basic student /entry level instruments. These instruments are usually made from lower quality materials, have larger tolerances between movable parts, and commonly require maintenance prior to performance. This poor level of quality is not acceptable and would not withstand the rigors of use associated with Marine Corps Field Bands. Obviously, a higher rate of replacement would be expected. Additionally, any performance with lower quality instruments would not be of the caliber expected and required of a US Marine Corps Field Band. Performance capabilities would become limited due to the lack of quality professional instruments. The band’s instrument repair facility is tooled for the specific instruments in the current inventory. Any deviation would result in requirements to re-tool portions of the musical instrument repair facility. New instruments come with a soft shell case. Marine Bands purchase additional required ATA flight cases designed for the rigors of air travel and transport in cargo trucks. Different makes and models vary in size of bell, etc., so a direct replacement is the only way to ensure there will not be an extra cost of ordering new ATA cases. Additionally, current inventories of mouthpieces, lyres, and other required instrument attachments are tested and designed for use with the

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requested makes and models. Deviation from the budgeted items could also lead to requirements for replacing these current inventories. As previously stated, due to the specific nature of Marine Band requirements, if one Marine cannot perform his or her job because of poor equipment, then the mission capabilities of the whole ensemble will be limited and the quality of the musical support will suffer. Instruments within a musical section cannot be mixed in terms of characteristics. This leads to the section not being able to tune together, or blend and balance effectively. Typically, an instrumental section within a professional ensemble will perform in such a way as to be heard as one “voice”. This becomes increasingly difficult to accomplish with mixed makes and models. Other makes and models, especially lesser ones, have different bore and bell sizes, different construction materials and different tuning tendencies. It is virtually impossible to play musically next to an instrument of different caliber or make.

C. ___URGENT AND COMPELLING. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

V. CERTIFICATIONS:

A. Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

__________________ GySgt Timothy Meulemans, (858) 307-8301 20240611 Signature Name (Printed) / Phone # Date

B. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

____________________ Nina Kanoa, 760-763-6860 _________ Signature Name (Printed) / Phone # Date nina.kanoa Cross-Out nina.kanoa Typewritten Text 6/24/2024