Justification and Authorization Redacted.pdf

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

DESCRIPTION OF ITEM OR SERVICE:

1. Commercial description: MTD Research Data License. 44,631 total records.

2. Intended use: The Marine Band Office of Communication is charged with disseminating information about the U.S. marine Band, its performances and its activities. In support of its mission it requires access to the largest nationwide Music Educator List and specific direct mail services.

3. Source or Brand Name: The software brand name is MTD Research, also known as Cut Time LLC in SAM.gov.

4.

5. The requested period of performance/license coverage period or delivery date is 31 July 2025 – 31 July 2026 plus four (4) option years.

Option periods:

Base Year: 31 July 2025 – 31 July 2026 Option Period 1: 31 July 2026 – 31 July 2027 Option Period 2: 31 July 2027 – 31 July 2028 Option Period 3: 31 July 2028 – 31 July 2029 Option Period 4: 31 July 2029 – 31 July 2030

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. X_ 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.

The only way the Marine Band can efficiently and effectively market to elementary, middle and high school music programs is to enlist the services of a data management company. The vast amount of contacts throughout the country change frequently as band directors’ change places of employment, and

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

V 1.6 (20 December 2023) researching and managing this data in house is not possible. Cut Time LLC, also known as MTD Research, is the only data management company that specializes in school performing arts. In addition to direct mail lists its services include consulting, customer profiling, analysis, email broadcasts, appending to customer lists, electronic surveys, and merge/purges. The Marine Band’s educational programs are constantly expanded and so does its need for access to accurate data for marketing. MTD maintains nearly 140,000 contact names in the school music programs throughout the country.

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.

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: