A3. Determination that Only One Source is Reasonably Available (Including Brand Name) - FAR Par.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:

The U.S. Marine Band has been tasked by HQMC to present a series of free public concerts in the Washington metropolitan area during FY 2026. The Rachel M. Schlesinger Concert Hall and Arts Center matches the following criterion to determine acceptability: location, public accessibility for the Washington Metropolitan area’s target population, acoustics, hall and stage size, loading dock, backstage area to include changing rooms, adequate lobby, and audience seating.

The Contract Coverage for this requirement is from January 16, 2026 – May 03, 2026.

The total estimated value of this requirement is $126,733.10

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.

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. X OTHER REASONS.

- The USMB/MBW cannot always play at the same concert hall as doing so will negate the accomplishment of promotional/marketing and strategic outreach (COMMSRAT) objectives as described in the yearly published DoD Public Affairs Community Engagement Plan.

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

- Not knowing who the awardee is going to be (until award) can render all prior community outreach goals and planning purposeless.

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

- CY USMB concerts are planned and scheduled at the beginning of the FY. Event(s) information is publicized at least 6 months in advance to ensure adequate marketing and attendance. Thus, it will be impractical to compete this requirement as doing so would negatively impact marketing efforts and projected attendance.

- Before submitting a PR to the RCO, coordination between the USMB/MBW and the Venues/Concert Halls (vendors) must occur to ensure the vendors have availability during the dates planned by USMB/MBW. It would be unreasonable to compete this requirement because space/dates availability can only be guaranteed with prior coordination.

B. ___ 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:

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.

____________________ 24 Nov 25________ Signature

MSgt Kathryn Woltanski/202-433-5689__ Name (Printed) / Phone #

Date

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

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