A-3 Brand Name Justification Signed.pdf

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

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 is for Band Instruments reflecting what is currently on the T/E, according to MCO P5000.18 (Marine Corps Band Manual) and are due for replacement. In accordance with NAVMC 3500.28C (Music Training and Readiness Manual), the unit 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 make and model to be uniform in sound and appearance. This purchase will ensure mission readiness in providing support for the 3d Marine Aircraft Wing as well as bolstering the national and international musical outreach mission via social media.

Equipment requested is:

-Qty. 2, Flute – Yamaha YFL-777HCT

- Qty. 1 C Tuba – Miraphone 1291-5VC

- Qty. 1 C Tuba Case – MTS 1207V

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 must be the brand name (make & model) product, or feature of a product, particular to one manufacturer.

Lesser models or other brands are playable and can perform the basic functions attributed to musical instruments, are of an untested quality and in some cases, basic student /entry level 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. This results in a higher rate of replacement, any performance with lower quality instruments is not up to the caliber expected and required of a US Marine Corps Field Band.

Therefore, the brand names being requested are quality professional instruments providing peak performance capabilities. In addition, the instrument repair facility is tooled for the specific instruments in our current inventory. Any deviation would result in requirements to re-tool portions of the musical instrument repair facility. Current inventories of mouthpieces, lyres and other required instrument attachments are tested and designed for use with the requested makes and models.

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. Any deviation from the current brands for the instruments and the tools will cause added stress on the budgeted, in having to buy new tools to replace these current inventories.

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 P Meulemans (858) 307-8301 20250627 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, 760-63-6860___ 6/27/25___ Signature Name (Printed) / Phone # Date