Determination that Only One Source is Reasonably Available Redacted.pdf

CUI//SP-PROCURE//DL ONLY

Determination that Only One Source is Reasonably Available– FAR Part 12 Acquisitions under the SAT

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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 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:

The United States Marine Corps Band needs a new Bassoon for their ensemble. This instrument is a requirement in all concert repertoire and most major ceremonies of the United States Marine Band. The only Bassoon appropriate to meet this requirement is the Fox Products – Model 750, Serial Number #74991. There is only one singular instrument with these characteristics currently in possession by Adam Trussell of Adam Trussell Double Reeds and is not being sold by another vendor.

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.

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3. __X__ OTHER REASONS.

Why can’t another brand meet your current requirement? How do you know?

The requirement can only be satisfied by Fox Bassoons because other manufacturers of this product failed to produce an instrument that met every salient characteristic and standard of excellence. This is evident by the sound that is produced by the musician through the instrument.

What makes this brand unique or different from other similar brands?

Another source would not be able to fill this requirement due to the intricacies of each individual bassoon, which are often attributed to factors such as the source, age, and density of the maple wood; this particular instrument cannot be replicated by the manufacturer or any other manufacturer.

What would be the impact to your activity’s mission if a different brand were to be purchased, or if this requirement was not procured at all?

The mission impact, if this requirement was not filled by this source, would be substantial. If another source were to attempt to fulfil this requirement, it is likely that the bassoon would be unsatisfactory, and therefore the acquisition of another bassoon would be necessary in the near future. If the need was not satisfied at all, the Marine for whom the instrument is intended would become mission incapable.

I. ACTIONS TAKEN TO REMOVE OR OVERCOME BARRIERS

Explain the following:

What other companies or brands did you consider and/or contact before concluding a sole source or brand name purchase is necessary?

Other companies contacted to satisfy this requirement include: Charles Double Reed Company, Yamaha Corporation of America, Miller Marketing Company, Bocal Majority Woodwinds, and Midwest Musical Imports. These are all vendors located in the United States, and Fox Products Corporation is the only manufacturer of professional bassoons in the United States.

What were the results of your market research and/or contact with industry that support your conclusion that a sole source or brand name purchase is necessary?

Market research and contact with industry concluded after several years of exploring many different brands and models of each brand. The results of the market research indicated that the Fox Model 750 was the most modern, most regulated in manufacturing, and most likely to produce an instrument that was satisfactory in every standard of excellence. The

Controlled by: DON, USMC, I&L HCA Controlled by: MCINCR RCO CUI Category(ies): PROCURE Limited Dissemination Control: DL ONLY POC: Sgt Jacob Espinosa Jacob.m.espinosa.mil@usmc.mil

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With this result, the search for a satisfactory instrument could be narrowed down to several individual bassoons of this make and model.

Even with highly regulated manufacturing, wooden instruments of the same make and model tend to have small differences, usually attributed to factors such as where the wood for the body of the instrument is sourced, how long the wood is aged before the manufacturing process begins, and the overall quality and density of the wood, as well as slight inconsistencies that occur when the bore of the instrument is drilled and tone holes set with silver or rubber (in this case, silver). Therefore, each instrument may exhibit slightly different tendencies in pitch, sound quality (i.e. darker or brighter in sound), and overall projection of sound and dynamic range. These qualities may produce bassoons that are better or worse suited for musicians or ensembles. The bassoon section has tested 6 unique Fox Model 750 bassoons, and 1 instrument was identified to be the most reliable in pitch and evenness of technique, with the most superior quality of sound across the entire range of the bassoon, and ease of response and in the lowest and highest registers.

These bassoons were compared alongside existing instruments in the section, both personally owned and owned by the USMB, and this single instrument produced the most similar tone and contributed best to the overall sound quality of the bassoon section. This bassoon, Fox Model 750 #74991 is currently in the possession of Adam Trussell of Adam Trussell Double Reeds and is not being sold by another vendor.

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:

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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 4 Nov 2026 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

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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