Brand Name Justification.pdf

CUI//SP-PROCURE//DL ONLY

Determination that Only One Source is Reasonably Available (Including Brand Name) – FAR Part 13 Acquisitions under the SAT

V 1.6 (20 December 2023)

MEMORANDUM TO THE FILE

Subj: DETERMINATION THAT ONLY ONE SOURCE IS REASONABLY

AVAILABLE 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:

AGENCY NAME: United States Marine Band (USMB)

1. Commercial description: Contrabass Clarinet (wide bore) pitched in Bb

2. Intended use: This instrument is a requirement of the USMB’s concert instrumentation and is required in most concert repertoire.

3. Source or Brand Name: Epplesheim.

4. The total estimated value of this requirement is $ 33,000

5. The requested period of performance/license coverage period or delivery date is 01OCT2026

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):

Controlled by: DON, USMC, I&L HCA Controlled by: MCINCR RCO CUI Category(ies): PROCURE Limited Dissemination Control: DL ONLY POC: Sgt Espinosa, SSgt Silverthorn

Determination that Only One Source is Reasonably Available (Including Brand Name) – FAR Part 13 Acquisitions under the SAT

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

Item required must be a brand name, product, or feature of a product, particular to one manufacturer.

Another brand cannot meet this requirement because the Epplesheim version of this instrument is the only acceptable instrument that meets the high demands of the Marine Band. The members of our bass clarinet section have play tested the Epplesheim, Selmer and Buffet versions of this instrument several times in the past few years, mostly by trying instruments that the other premiere bands (Navy, Air Force etc.) own. From these years of market research our bass clarinet section has determined that Epplesheim best serves the Marine Band’s requirements. The Marine Band is using a Selmer version of this instrument that has had expensive repair problems and has been unreliable. Frequently it has required repair before high impact performances such as our National Concert Tour and before international performances.

The contrabass clarinet has historically been an imperfect creation. It was invented to sound one octave below a bass clarinet. The original versions all have massive pitch problems. The instrument was not invented to function at the same professional level that other instruments (piano, clarinet, cello) are.

Compared to most instruments the contrabass is a newer invention. It has only been widely used starting in the 20th century and hasn’t had time to catch up with other instruments that have been used for centuries.

The Buffet and Selmer versions of this instrument have existed for decades but no changes have been made to improve them. The Epplesheim is the first version of this instrument that has made significant improvements with the goal of making the contrabass clarinet a fully functioning member of the symphonic band and as musically advanced as the other instruments.

It would be against the Government’s interests to purchase from a brand other than Epplesheim.

The Buffet and Selmer versions are older versions of a newer invention. There will be less repairs at the Government’s expense with the Epplesheim. The other versions are more difficult to play and are unreliable. Because these instruments are uncommon it is extremely difficult to find a repairperson who is experienced enough to maintain these instruments at a professional level. If we purchase other than Epplesheim, or do not replace our currently unserviceable equipment we will continue to have expensive repairs at inopportune times with unsatisfactory results. Additionally, the Epplesheim is the same price as the older competitors and all of the brands require the same timeframe to create and ship the instrument to the Band.

Other manufacturers explored during market research for this requirement include: Buffet and Selmer.The results of market research and contact with industry concluded after years of market research and exploring multiple brand names, it was concluded that the Epplesheim contrabass clarinet produces the most professionally responsive, mechanical, in-tune, and best sounding model on the current market. Other manufacturers’ models were antiquated, difficult to repair, and hadn’t yet been developed to match the demands of a professional, musical organization. Other sources may become approved to provide similar future requirements as contrabass clarinets continue to modernize over time. However, they are not commercially available at this time.

Determination that Only One Source is Reasonably Available (Including Brand Name) – FAR Part 13 Acquisitions under the SAT

CUI//SP-PROCURE//DL ONLY

V 1.6 (20 December 2023)

The government will continue to monitor the market and conduct market research to identify any emerging solutions that may satisfy future similar requirements. Should such solutions become available during the lifecycle of the current requirements, the Government will consider whether switching equipment is in the Government’s best interest, and regarding future similar requirements, seek competitions to the maximum extent practicable.

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:

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.

21 Jan 26_ ____________________ MSgt Kathryn Woltanski 202-433-5689 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 jacob.espinosa.mil Line jacob.espinosa.mil Line jacob.espinosa.mil Line

Determination that Only One Source is Reasonably Available (Including Brand Name) – FAR Part 13 Acquisitions under the SAT

Distribution List for DL ONLY Limited Dissemination Control

• MCFCS Personnel

• LB Personnel

• Procurement Team Personnel (to include but not limited to: Legal, Customers/Requirements Owners, Source Selection Personnel, Small Business Representatives)

• Any other individual designated by the KO