A-3. 21 NOVA J&A.docx

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)(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:

Rental of concert hall to support U.S. Marine Band's FY20 Concert Series as set forth by Headquarters Marine Corps. Concert series includes thirteen (13) band, orchestra and chamber music performances, three (3) rehearsals, and (5) recording sessions on the following dates/times:

CLIN 0001: In support of Concert Series, thirteen (13) Concerts:

1) 1/28/2021 Theater Full Day Performance

2) 1/29/2021 Theater Full Day Performance

3) 2/12/2021 Theater Full Day Performance

4) 2/26/2021 Theater Full Day Performance

5) 3/5/2021 Theater Full Day Performance

6) 3/19/2021 Theater Full Day Performance

7) 3/26/2021 Theater Full Day Performance

8) 4/9/2021 Theater Full Day Performance

9) 4/16/2021 Theater Full Day Performance

10) 5/7/2021 Theater Full Day Performance

11) 6/26/2021 Theater Full Day Performance

12) 7/24/2021 Theater Full Day Performance

13) 8/28/2021 Theater Full Day Performance

All Full day performance includes the following:

· 1 piano rental and tuning (exceptions: Mar 5)

· Campus police

· Infrastructure support

· Follow spots (run by USMB personnel, no additional NOVA personnel needed)

CLIN 0002: In support of Concert Series, the following are the Rehearsal days required.

1) 6/25/2021 Theater Full Day Rehearsal

2) 7/23/2021 Theater Full Day Rehearsal

3) 8/27/2021 Theater Full Day Rehearsal Timetable for concert series rehearsals: 1000-1300 (0600 setup, out by 1400, store gear at stage until concert performance) Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

V 1.3 (28 June 2018) Page of

CLIN 0003: In support of Recording, the following is the Recording Schedule.

1) 4/26/2021 Full Day Recording

2) 4/27/2021 Full Day Recording

3) 4/28/2021 Full Day Recording

4) 4/29/2021 Full Day Recording

5) 4/30/2021 Full Day Recording Timetable for recording days: 0700-1600 (fully loaded out by 1800 on Apr 30)

TIMETABLE FOR EACH OF THE FRIDAY 2021 PERFORMANCE DATES:

0900-1200 - Load-in Equipment and Set Stage 1200-1330 - Dress Rehearsal/Onstage soundcheck 1315-1345 - Pre Concert music or talk performed in "Forum" 1330-1400 - Auditorium doors open to the public 1400-1600 - Public concert (with 15-20 minute intermission) 1600-1800 - Load-out Equipment and vacate premises (2000 on Mar 22)

TIMETABLE FOR THE SATURDAY 2021 PERFORMANCE DATE:

1730-1900 - Set Stage, Dress Rehearsal/Onstage soundcheck 1900-1930 - Auditorium doors open to the public 1930-2100 - Public concert (with 15-20 minute intermission) 2100-2230 - Load-out Equipment and vacate premises

Vendor: Schlesinger Concert Hall and Arts Center, Northern Virginia Community College Vendor POC and Phone Number: Hayley Dandreaux (757) 969-0327 Vendor Address: 4915 East Campus Drive, Alexandria, Virginia 22311

The required performance date is 14th January 2021 (two weeks prior to Band’s first performance date).

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

Minimum Factors Hall must meet the minimum requirements specified below and provide all associated requirements.

Rental package for rental hall and recording sessions must include the following:

1. Basic rental rates for each performance in the Auditorium

2. Concert Grand Piano (21 days)

3. Piano Tuning (21 total)

4. Projector and screen rental

5. Follow spots

6. Police (40 hours total, 10 concerts for 4 hours each concert)

7. Lead Technician (no more than 48 hours total)

8. Access to loading dock, corridors, dressing rooms, backstage, & stage areas

9. Custodial support to open & close facility

10. House stage lighting system with basic white stage wash

11. Music stands, standard orchestra chairs, conductor's podium

12. Facility access beginning four hours prior to concert time

13. The concert hall must be located within 10 miles from Marine Barracks Washington.

14. Audience size: 950-1,000

15. Stage dimensions: 44’ x 58’

There are no other Halls that meet the above criterion.

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. Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.

B. BRAND NAME

Item required must be a brand name, product, or feature of a product, particular to one manufacturer. Discuss why you are precluding consideration of a product manufactured by another company. Describe how the particular brand name, product, or feature is essential to the Government’s requirements and why a “brand name or equal” purchase description cannot be used (see FAR 11.104). Describe how market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs.

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: Explain the impact to the mission if the date above is not met, any special circumstances or conditions that exist which validate the requirement as “urgent,” estimated production lead time for the item, etc.

4. If appropriate, include any additional pertinent information.

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.

WOLTANSKI.KATHRY

)Digitally signed by N.S

UE.126

)WOLTANSKI.KATHRYN.SUE.12691

07177 Date: 2020.12.21 12:56:42 -05'00'

GySgt Kathryn S. Woltanski / 202-433-5689 21 Dec 2020

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.

Elizaeth M. Rolle 1/11/2020

Signature Name (Printed) / Phone # Date image1.png