Determination that Only One Source is Reasonably Available.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: 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 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:

A. Commercial description: Professional-grade mallet instruments for ceremonial and performance use. The instruments shall be suitable for indoor and outdoor performance environments and provide consistent tone quality, durability, and reliable mechanical operation. Instruments include 4.6 octave marimba with Horizon synthetic keys and 3 octave vibraphones.

1. Intended use: Instruments are intended for use in musical and ceremonial performances. Items are a mission critical asset that are used in every performance conducted by the unit.

2. Source or Brand Name: Marimba One

3. The requested period of performance/license coverage period or delivery date is soonest possible delivery date.

Brand Name / Manufacturer

Item / Description Manufacturer Part Number

Quantity

Marimba One #9649 4.6 Octave (Low E) Marimba on Wave Series Field Frame (includes accessory bar) with Basso Bravo resonators, Horizon Synthetic Keyboard (Frequency A440)

#9649 3

Marimba One #9031 3.0 octave Vibraphone on Wave Series Field Frame

(includes accessory bar) Silver bars no motor (Frequency

A440)

#9031 3

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

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

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

Another brand cannot meet this requirement because their product does not have the same quality of sound and construction as the Marimba One instruments. The Marimba One Wave Series Field Frame mallet instrument design has been engineered to put structural integrity, ease of performance and player variability first. The Marimba One Wave marimba is specifically designed for both indoor concert and outdoor front ensemble use. It provides the best-designed and toughest quality-built frame on the market. The square, non-slip, heavy-duty front accessory bar runs the entire length of the frame and can be mounted with any percussion accessory. The patented Wave Lock System utilizes cam levers and was designed to make the set up and adjusting of the frame or accessory bar the easiest and fastest of any frame available. The frame is stabilized by lower crossbar support and square accessory bars along 3 sides to help ensure structural integrity without compromising aesthetics. As well, with the 1 ½” square accessory bar spanning three sides there is unparalleled variability in accessory use and attachment. It has oversized casters with an in-line locking mechanism to ensure safe and smooth maneuvering even on rough terrain. Marimba One has engineered the frame to be used by a variety of people by implementing a pneumonic height adjustment system, easy-to-use Wave Lock System clamps for setup and tear down, and weight reduction across the design.

Furthermore, Marimba One is the only brand to offer factory custom engraving of the primary support bar for their instruments. Factory custom engraving is an essential requirement for our organization’s capital asset tracking, operational security, and public affairs mission. Factory-applied engraving provides permanent, tamper-resistant property identification on the instrument frame and components, which is critical for inventory

Determination that Only One Source is Reasonably Available (Including Brand Name) – FAR Part 13 Acquisitions under the SAT control during frequent transit, outdoor rehearsals, and performances. Beyond loss prevention and inventory accountability, high-visibility custom engraving plays a vital role in our public affairs and community outreach efforts. Prominently displaying our official unit and organizational designation directly on the front-facing frame enhances visual recognition among audiences, media, and community partners during public exhibitions, ceremonies, and high-profile performances.

The Marima One 4.6 Octave Wave Field Series Marimba #9649 was designed with full resonant sound in mind while being as ergonomically beneficial to the user as possible.

#9649 comes with trademark Horizon Synthetic bars which have been scientifically engineered to sound as close to the resonance of rosewood bars while being durable enough for extended outdoor use. Marimba #9649 has graduated tone bars, a professional feature which promotes full tone quality, resonance, and projection. It has been crafted using Marimba One’s exclusive tuning method to ensure true pitch and a full sound across the instrument. The Marimba One #9649 has heavy walled, lightweight aluminum frame for strength, and a heavy-duty square aluminum accessory bar. Marimba One #9649 features a quick-release wave lock system for accessory bar and frame, a gas-spring height adjustment with built-in tape measure, durable black powder coated finish resonators, and 8” locking wheels.

The Marimba One 3.0 Octave Wave Field Series Vibraphone in flat silver (#9031) was designed with a focused sound and smooth mechanical operation. The 1 ½” width and ½” thick bars allow for projection while the glossy silver finish enables a bright, clear sound.

#9031 has graduated tone bars, a professional feature which promotes full tone quality, resonance, and projection resulting in a focused sound. The instrument has been crafted using Marimba One’s exclusive tuning method to ensure true pitch and a full sound across the instrument. The over-sized, non-motorized swivel pedal allows for comfortable control of the pedal from all positions to ensure consistent sound while in use.

Procuring a different brand other than Marimba One would negatively affect the unit’s interests due to the reduced overall quality of the product. The instruments crafted by Marimba One place an equal focus on both the sound quality and structural integrity of the instrument. Other brands will focus more on one or the other leading to an imbalanced instrument and increased maintenance issues.

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:

Controlled by: DON, USMC, I&L HCA Controlled by: MCINCR RCO CUI Category(ies): PROCURE Limited Dissemination Control: DL ONLY POC: Lesline Abonwoh / 7037843509

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

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.

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

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