A3 - JnA Singular Hall.pdf

CUI//SP-PROCURE//DL ONLY

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

ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 6.103-1(b): One responsible source. Agencies may contract without providing for full and open competition when the supplies or services required by the agency are available from only one responsible source and no other type of supplies or services will satisfy agency requirements. For DoD, NASA, and the Coast Guard, this authority extends to situations where only a limited number of responsible sources can satisfy agency requirements.

2. As required by FAR 6.104, this memorandum acts as the justification and approval for the absence of competition for this acquisition, as only one source will be solicited for this requirement.

II. DESCRIPTION OF ITEM OR SERVICE:

Subject to The DoD Public Affairs Community Engagement Plan (document on file), the United States Marine Band (USMB) / Marine Barracks Washington (MBW) requires the Lease/Rental of the George Washington University Lisner Auditorium for a USMB performance and event during the current Fiscal Year.

This venue/concert hall to be procured on a sole source basis for the reasons describe in section III below.

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.

- 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 12 Acquisitions under the SAT

V 1.6 (20 December 2023)

DISTRIBUTION: DoW COMMUNITY ONLY

- 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.

____________________ MSgt Kathryn Woltanski / 202-433-5689 3 Nov 26 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