A3-Justification Final.pdf

CUI

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

CUI

V 1.4 (03 October 2022)

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:

(3) Professional Trumpets,

(4) Professional Clarinets,

(2) Professional Piccolos,

(1) Professional Tenor Saxophone,

(1) Professional compensating Euphonium,

(2) Professional Trombones

(1) Philharmonic concert Snare Drum

(1) Multi-Effects Processor Pedal

(1) Light Weight Aguilar Bass Speaker Cabinet

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.

Controlled by: DON, USMC, I&L HCA Controlled by: Customer MCI-West CUI Category(ies): PROCURE Limited Dissemination Control: Procurement Personnel Only POC: RCO MCI West

CUI

V 1.4 (03 October 2022)

Explain what rights are restricted, why the restrictive rights make the required item or service available from only one source, and why another company could not satisfy the Government’s need.

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.

The Marine Corps band is looking to refresh musical instruments that are part of Marine Band San Diego’s existing Table of Equipment (T/E). Instruments within a musical section cannot be mixed in terms of characteristics. A professional ensemble will perform in such a way as to be heard as one “voice” which becomes increasingly difficult to accomplish with other makes and models. The makes and models of instruments listed match the rest of the current existing material inventory and are also able to utilize the tools and materials already stocked in the instrument repair shop. Deviating from these makes and models would require restocking the instrument repair shop with the new tools and accessories rather than utilizing maintenance materials and parts that are on hand. Additionally, the Marines responsible for performing maintenance on the instruments are only trained to do so on Bach and Yamaha instruments.

The Yamaha Brand is one of the top manufacturers of musical instruments and produce instruments that have zero variance from instrument to instrument. Every instrument that comes off the factory line has a chance of sounding different, but Yamaha hydro forges their Brass parts to have an almost zero tolerance making their sound universal between the current Yamaha instruments and the newly acquired ones. The Yamaha and Bach brands only use lead-free solder on all their instruments removing any risk of lead poisoning to the Marines having to disassemble and solder components of the instruments.

The professional instruments that the Marine Corps band want to acquire are not designed to perform in outdoor conditions which is where the band usually perform. Bach offers the requested trombone that is designed for high professional performance while also being durable and repairable with the currents tools, training, and materials available.

Buffet Crampton is the only manufacturer that makes the synthetic Greenline material that allows the wood like instruments to be used outside in all weather conditions. Instruments made with wood occasionally crack and there is no professional grade horn that is made from plastic.

Each professional piccolo has intonation variances that differ from manufacturer to manufacturer. In order for a section of musicians to have the required sound and intonation standards, they must play on similar sounding instruments. Burkhardt piccolos are the best suitable instrument that will match sound and intonation produced by the equipment currently being used by the section.

The Aguilar bass cabinet must be brand name in order to be compatible with the Aguilar bass amplifier currently utilized by the unit. Matching amplifier and speaker cabinets is necessary so that it ensures compatibility in terms of impedance and power handling. This pairing is designed to optimize the overall sound quality and performance of the audio system.

Mismatched combinations lead to impedance issues, affecting tone and potentially causing damage to the equipment.

X

CUI

V 1.4 (03 October 2022)

The Wilson compensating system has a unique valve system that aids the musician play across all expected ranges with intonation greater than that of other brands. The compensating system helps maintain intonation through redirecting the airflow through additional tubing. The Wilson Euphonium is necessary in order to match sound and intonation produced by the exact same equipment currently being used by the section. Other brands comparable to the requested product are manufactured with an inherent flaw in the valve section that if damaged are not easily fixed by the repair facility within the unit.

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.

____________________William F. Hershey III/ 619-524-1754 2/26/2024________ 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.

Signature Name (Printed) / Phone # Date nina.kanoa Cross-Out nina.kanoa Typewritten Text Nina Kanoa, 760-763-6860 nina.kanoa Typewritten Text 4/15/24