Brand Name JUSTIFICATION CLIN 002.pdf

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

V 1.1 (30 June 2016)

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION FOR A FAR PART 13 ACQUISITIONS 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:

M54900-20-SU-PBCEL, CLIN 0002, QTY: 2

Two (2) Les ateliers de la Dyle cello

Body: Spruce and Maple Year made: 2020 Size: Full-size (4/4) Fingerboard and pegs: Ebony

1.1. BACKGROUND

Manufacturer: Les ateliers de la Dyle (Brussels, Belgium) Manufacturer POC and Phone Number: not available Manufacturer Address: not available Manufacturer’s Dealer/Representative: To be awarded via contracting process, only authorized dealers should bid against this requirement

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

Les ateliers de la Dyle is an authorized maker of string instruments. Les Ateliers de la Dyle instruments are handmade in Europe under rigorous quality control, and are hand-finished in the Meteny workshops near Brussels before being set up in the United States. Les ateliers de la Dyle cellos have been play tested and approved by the U.S. Marine Band for use.

Play Testing: The process of play testing instruments is a rigorous one. As is standard with handmade instruments, individual instruments of the same model may vary in specific playing qualities. Therefore, the Band will only accept delivery of said instrument once it has been played and found acceptable by the individual musician. Since play testing an instrument is an absolute necessity, when possible, they are play tested within the local area to remove additional expenses in travel. However, costs associated with time and travel for play testing can be estimated to cost approximately $200 per musician.

Repair Costs: Most times, a company that sells a specific make/model of musical instrument will have repair technicians that specialize in repairing that instrument. This saves money in one of two ways: It avoids expenses related to shipping the instrument to a specialist and it increases the longevity of the musical instrument if it is maintained and repaired correctly. Expenses related to repairs could cost anywhere from $300-$1,500 per professional grade instrument considering time spent by the technician, severity of the repair, and the tooling/repair work required.

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 Kathryn S. Woltanski 202-433-5689 14 Aug 2020

WOLTANSKI.KATHR

YN.SUE.1269107177

Digitally signed by

WOLTANSKI.KATHRYN.SUE.1269

107177 Date: 2020.08.21 10:03:55 -04'00'

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

Daniel M Baker 703-784-2806 9/8/2020