C23. Determination that Only One Source is Reasonably Available (Including Brand Name) – FAR Part 13 Acquisitions_Redacted.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)

DISTRIBUTION: DoD COMMUNITY ONLY

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:

Commercial description: Professional quality straight bugles pitched in the key of Bb.

Intended use: Instruments will be used daily for rehearsals and performances. Instruments need to be capable of withstanding extended use, poor weather conditions and frequent rigorous travel.

1. Source or Brand Name: STOMVI

2. The total estimated value of this requirement is $33,160.00

3. The requested period of performance/license coverage period or delivery date is 30 May 2026.

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.

Explain what rights are restricted, why the restrictive rights make the required item or service available from only one source, and why another

Controlled by: DON, USMC, I&L HCA Controlled by: Insert the name of the office creating the document (e.g., MCINCR RCO) CUI Category(ies): PROCURE Limited Dissemination Control: DL ONLY POC: Insert the name and phone number of the individual or office creating the document

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

Identify the OEM and explain the circumstances surrounding why the item or service is only available from the OEM.

OR

Identify the distributor(s)/authorized technical representative(s) for the item or service. Provide evidence of the exclusive licensing agreement as an attachment to this document. NOTE: If there is more than one distributor/authorized technical representative for an OEM part, then Part B, BRAND NAME SOLE SOURCE, is applicable, and Part A, ONLY ONE RESPONSIBLE SOURCE, should be left blank).

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

B. _X__ BRAND NAME

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

“The Commandant’s Own,” United States Marine Drum & Bugle Corps (D&B) is the only drum corps in the United States military service and is a premiere level military musical ensemble. Due to our unique mission aboard Marine Barracks Washington, the D&B is the last military music ensemble to perform live bugle calls for ceremonial purposes daily aboard the installation and at funeral services held aboard Arlington National Cemetery. As such, another brand cannot meet this requirement due to the necessity of the unit requiring a professional level instrument designed specifically for outdoor performance of traditional military bugle calls. During the market research phase, it was concluded that Stomvi is the only brand which offers a product to meet the requirement. While other brands offer a similar product, they are not a professional model instrument, made from a non-metal material, or are of a different enough design that they would not fit the requirement. Many other brands offer a Bb straight bugle that is made from plastic which is not durable enough to meet mission requirements or a shape that has a lengthened bell or compacted or curved body which results in a design that does not enable easy handling and a resonant sound.

The Stomvi Bb straight bugle was originally designed for another premiere military music ensemble in the US Armed Forces in 2006. Thus, ensuring that it’s use for traditional military bugle calls results in a full and resonant sound. The instrument is a professional

Determination that Only One Source is Reasonably Available (Including Brand Name) – FAR Part 13 Acquisitions under the SAT model and made with a yellow brass material that is covered in a silver-plate finish to create a durable and clean finished appearance. The instrument is designed to be well balanced, light weight and of a comparable length to a standard Bb trumpet resulting in an instrument that it is easy to hold, maneuver and transport.

Procuring a different brand of Bb straight bugle other than Stomvi would negatively affect the unit by decreasing the overall effectiveness of the unit’s ability to complete the mission to the required standard. While other brands do make similar instruments, they lack in various areas leading to a product that is not suited to meet the high standards of the D&B’s mission. The Stomvi Bb straight bugle meets all the required wickets to be capable of producing a full and resonant sound while still being easy to handle and of an appropriate length and style.

ACTIONS TAKEN TO REMOVE OR OVERCOME BARRIERS

Other brands contacted and considered during market research for this requirement include Getzen and Scodwell. The results of market research and contact with industry concluded that Getzen model M2003E Field Trumpet has been discontinued and model M2003 is not a professional level instrument and thus does not meet the requirement. The Scodwell Bb Field Bugle is not available with a silver-plated finish and their professional line of field bugles has an elongated bell which does not meet the requirement. Other sources may become approved to provide similar future requirements by addressing those elements of design in their instruments which are essential to optimal performance and appearance of the unit’s mission. Specifically, those features of design which enable ease of handling, a classic military bugle appearance, and engender a full and resonate sound. The Government will continue to monitor the market and conduct market research to identify and emerging solutions that may satisfy future similar requirements.

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.