Justification and Approval.pdf

23S03

J&A#:

USE OF OTHER THAN FULL AND OPEN COMPETITION SAP

1. Identification of Agency and Contracting Activity

From: Program Director, Command and Staff, Navy Region Southeast

To: Contracting Officer, Naval Supply Systems Command Reel Logistics Center Jacksonville, FL

2. Nature and/or Description of the Action Being Approved

Ceremonial bugles, inserts, and mouthpieces for Funeral Honor Teams to be procured from S&D Consulting Int.Ltd. due to patent restrictions preventing any other authorized dealers or manufacturers. Patent# 6,995,307B2 is for the apparatus and methods far a self-playing musical device configured to present a realistic music service as part of a musical wind instrument. The estimated price for these items is $21,350.00 and the required delivery date is 01 May 2023 or sooner.

3. Description of Supplies/Services to Meet the Agency's Needs Including Estimated Value

Per CNICINST 1770.1 B & CNRSEINST 1770.2J, equipment and supplies that are specific in nature, such as one Ceremonial Bugle and two Inserts are required to render Military Funeral Honors for each service. Request vendor provide:

QTY: 10 Nickel/Silver 17" bugle Part Number. CB2003US

QTY: 75 Silver upgrade inserts Part Number. CBUl2010

QTY: 10 Silver Mouthpieces Part Number C8MP2004USS

S&D Consulting International Ltd, a small business firm, owns the proprietary data and is the only known source capable of providing the Ceremonial Bugle and programmable inserts required by CNRSE Casualty Assistance/Funeral Honors Program for Military Funeral Honors.

Is the requested material or service represents the minimum requirements of the Government Estimated Dollar?

Estimated Dollar Value:

FY /Option/Ordering Period f-V23

Subtotals

4. Statutory Authority Permitting Exception to Fair Opportunity

◄l USC. 1901 ilS implemfnled by FAR 13 SOl(il) Sole Source

21,35000

Additional lnfomnation Regarding Statutory Authority if Applicable

N/A

Procurement RequesVSolicitation/Purchase Order Number:

Control Number.

I. Background

OM&N OPN

Sf�ct 2nd Stiltutory Authority

N0%9723RCOOTPK

N0969723RCOOTPk

RDT&E

0 00

Total

0.00

1. FAR 13.106-1(b)(1l(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 is not expected to exceed the simplified acquisition threshold.

11. DESCRIPTION OF ITEM OR SERVICE

Provide a description of the item or service required, to include its intended use, the name of the required source or brand name, the estimated cost/price, and the required delivery date/period of performance

Per CNICINST 1770.1 B & CNRSEINST 1770.2J, equipment and supplies that are specific in nature, such as one Ceremonial Bugle and two Inserts are required to render Military Funeral Honors for each service. Request vendor provide:

QTY: 10 Nickel/Silver 17" bugle Part Number. CB2003US - estimated price $5,800.00

QTY: 75 Silver upgrade inserts Part Number. CBUl2010 - estimated price $15,000.00

QTY: 10 Silver Mouthpieces Part Number CBMP2004USS - estimated price $550.00

Estimated total price: $21,350.00

The only authorized manufacturer of the Ceremonial Bugle is:

S&D Consulting Int.Ltd.

1732 First Ave.

PMB 153 New York, NY 1012B

Phone: 212-426-3268

Fax: 917 -410-4292

The required delivery date is 01 May 2023 or sooner.

Ill. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS BASED ON THE FOLLOWING:

EDWARDS.ROBE

RT.S.1264204255

Digitally signed by

EDWARDS.ROBERT.S.1264204

Date: 2023.03.16 13:37:54 -04'00'

Level Above the Contracting Officer

SisJnatur, N- Pho� Datt

LEGAL SUFFICIENCY REVIEW

Legal Sufficiency Review

Signature N,me Phone Oat�

HEAD OF CONTRACTING ACTIVITY APPROVAL

HCA Approval

Sigriature Nome Pl,oM O.ate

1732 First Avenue, Box #153, New York, NY 10128 Tel: (212) 426-3268 Fax: (917) 410-4292

To Whom It May Concern:

This forwards the information you requested with regard to substantiation for a sole source award for the purpose of purchasing Ceremonial Bugles from S & D Consulting.

The Ceremonial Bugle was designed, developed and produced by S & D Consulting (in conjunction with the Department of Defense) in order to give departed Service members and veterans a more respectful means of playing taps than on a portable CD player. Families of deceased service members had long expressed a strong desire for live buglers and their distaste for the use of a CD player. However, with over 1,800 Military Funeral Honors being performed each day, live buglers are not possible at all funerals.

When the idea for the Ceremonial Bugle was first initiated, numerous companies were contacted about the idea and its possibility and potential. All companies declined any involvement and suggested that it, quite simply, was not possible. S&D Consulting (a small woman-owned business) was contacted and agreed to take up the challenge.

After a year in development, 50 Ceremonial Bugles were tested in the State of Missouri from November 2002 through May 2003. They were played at over 1,000 funerals and were found to be very reliable in all weather conditions. Comments from Service member families were all positive and they were appreciative to have an option other than a CD player to provide the playing of taps.

The cone-shaped electronic device sits recessed inside the bell of a real bugle and has an on-off switch, an indicator light for low battery level and adjustable volume settings. The electronic components consist of a micro controller, a digital signal processor and a digital amplifier that sends an analog signal to its speaker. It is powered by two 9-volt batteries.

Since its introduction in late 2003, over 20,000 Ceremonial Bugles have been purchased by the Military, Veteran Service Organizations and Funeral Directors and have been played at countless funerals during Military Funeral Honors ceremonies.

The Ceremonial Bugle is available only through S&D Consulting. There are no other companies producing or distributing these types of bugles. S&D Consulting has Patent # 6,995,307 on this product.

The cost for the complete Ceremonial Bugle kit (Bugle, Insert and Case) is $580.00 delivered to the lower 48 states. Additional information about the Ceremonial Bugle can be found on our website, www.ceremonialbugle.com.

Best Regards, Simon Britton

Cage Code: 3HGU7

DUNS: 135794969

Rhein, Jessica J CIV USN NAVSUP FLCJ (USA)

From: Washington, Charles Patri CIV USN COMNAVREG SE JAX FL (USA) Sent: Wednesday, March 15, 2023 1:04 PM To: Rhein, Jessica J CIV USN NAVSUP FLCJ (USA) Cc: Malone, James Charles JR CIV USN (USA) Subject: RE: ProTrack: 20230003429 Ceremonial Bugle Procurement Signed By: charles.washington3@navy.mil

I checked again it’s not allowing to me digitally sign. I will manually sign and upload.

R/

Charles

From: Rhein, Jessica J CIV USN NAVSUP FLCJ (USA) <jessica.j.rhein2.civ@us.navy.mil> Sent: Wednesday, March 15, 2023 12:38 PM To: Washington, Charles Patri CIV USN COMNAVREG SE JAX FL (USA) <charles.p.washington.civ@us.navy.mil>;

charles.washington3@navy.mil Cc: Malone, James Charles JR CIV USN (USA) <james.c.malone4.civ@us.navy.mil>; Martelli, Franklin A CIV USN COMNAVREG SE JAX FL (USA) <franklin.a.martelli.civ@us.navy.mil> Subject: RE: ProTrack: 20230003429 Ceremonial Bugle Procurement

Mr. Washington, If the TECHNICAL CERTIFICATION under CERTIFICATIONS/APPROVALS of the J&A does not allow you to sign, yes please manually sign and upload.

Very Respectfully, Jessica Rhein Contract Specialist NAVSUP FLC Jacksonville Jessica.J.Rhein2.civ@us.navy.mil, Phone: (904) 323-2013 Telework: M,T,W,F 0600-1530 RDO every other Monday In office every Thursday

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From: Washington, Charles Patri CIV USN COMNAVREG SE JAX FL (USA) <charles.p.washington.civ@us.navy.mil> Sent: Wednesday, March 15, 2023 12:18 PM To: Rhein, Jessica J CIV USN NAVSUP FLCJ (USA) <jessica.j.rhein2.civ@us.navy.mil>; charles.washington3@navy.mil Cc: Malone, James Charles JR CIV USN (USA) <james.c.malone4.civ@us.navy.mil>; Martelli, Franklin A CIV USN COMNAVREG SE JAX FL (USA) <franklin.a.martelli.civ@us.navy.mil> Subject: RE: ProTrack: 20230003429 Ceremonial Bugle Procurement

Ms. Rhein, Protrack is not giving me a signature block for the J&A form. Do you want me to manually sign and upload J&A.

R/

Charles