Determination that Only One Source is Reasonably Availa_Redacted.pdf

CUI

Determination that Only One Source is Reasonably Available (Including Brand Name) – FAR Part 12

CUI

V 1.6 (20 December 2023)

DISTRIBUTION: DoW 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 12 - Acquisition of Commercial Products and Commercial Services 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 12 - Acquisition of Commercial Products and Commercial Services, 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:

The requirement is to supply new musical instruments for the 2d MAW Band aboard MCAS Cherry Point, NC in alignment with the occupational fields seven year instrument replacement plan.

The acquisition of the instruments must be only one responsible source to match the performance and proficiency requirements of the 2d MAW Band, as well as maintain current compatibility with tools, spare parts, and the capabilities of the band instrument repair facility.

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

Controlled by: DON, USMC, I&L HCA

Controlled by: MCIEAST RCO

CUI Category(ies): PROCURE

Limited Dissemination Control: DL ONLY

POC: 1stLt Rebolledo, Hugo (252) 466-7442

Determination that Only One Source is Reasonably Available (Including Brand Name) – FAR Part 12

CUI

V 1.6 (20 December 2023)

DISTRIBUTION: DoW COMMUNITY ONLY

An item peculiar to one manufacturer can be a particular brand name, product, or a feature of a product, peculiar to one manufacturer. A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer.

A “brand name or equal” description cannot be used because an instrument’s sound quality which is essential in a band’s performance, cannot be evaluated using a list of salient characteristics or a product description. The 2nd Marine Aircraft Wing Band and other field bands have already determined that the instruments from the brand names listed are the best available option in terms of durability, reliability, and quality.

Additionally, even the slightest change in an instrument design can decrease a Marine’s proficiency because muscle memory is a key element during a band’s performance.

Purchasing instruments other than the ones listed above can also result in additional costs if the existing tools and spare parts are not compatible with another manufacturers instrument design. The band’s instrument repair facility is currently tooled/supplied for the instruments from the brand names listed above. For these reasons, consideration of instruments manufactured by other companies must be precluded. The following are those items:

Item Description Brand / OEM OEM/MFR Part # QTY

PROFESSIONAL PICCOLO Yamaha YPC-81R 1

PROFESSIONAL FLUTE Yamaha YFL-777H 1

CLARINET Buffet Crampon

BC1131G-2-0 1

ALTO SAX Selmer Paris 82SIG 1

TENOR SAXOPHONE Selmer Paris 84SIG 1

III XENO CHICAGO MODEL Bb

TRUMPET

Yamaha YTR9335CHS III

XENO

THOR SERIES TUBA Meinl Weston MW5450-2GB 1

SNARE DRUM CASE Pearl PD1412 4

SNARE DRUM CARRIER Pearl CXS2 3

MARCHING SNARE STAND Pearl MSS3000 3

MARCHING SNARE DRUMS Pearl FFXM1412A46 4

MARCHING BASS DRUMS Pearl PBDM2614A46 2

BASS DRUM CARRIER Pearl CXB2 1

MARCHING BASS DRUM CASE Pearl PD2614 2

MARCHING BASS DRUM STAND Pearl MBS3000 1

Detennination that Only One Source is Reasonably Available (Including Brand Name) -FAR Part 12

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 pennitted 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 injmy to the Government. The detennination 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 ce1tify 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.

B.

Signature Name (Printed)/ Phone# Date

C. Contracting Officer Certification: I ce1tify that this justification is accurate and complete to the best of my knowledge and belief.

Signature Name (Printed)/ Phone#

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Date

V 1.6 (20 December 2023) Page 3 of3