FY18_Instruments_Brand_Name_Justification.pdf

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

V 1.1 (30 June 2016)

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

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)(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 items listed are required by the Marine Forces Pacific (MARFORPAC) Band to replace musical instruments in accordance with MCO P5000.18A’s Seven-Year Replacement Plan.

This is a Brand Name justification, and it applies to the following items:

Item /Desc P/N Manufacturer QTY

Piccolo YPC-81 Yamaha 2

Oboe BC3613G-2 Buffet-Crampon 3

English Horn 510 Fox 2

Bb Clarinet BC1106L-2 Buffet-Crampon 2

Alto Saxophone 72 Selmer 2

Baritone Saxophone 55AFJ Selmer 2

French Horn HH6802A-1-0 Hans Hoyer 2

Synthesizer MOXF8 Yamaha 2

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

BASED ON THE FOLLOWING (select all that apply):

A. ___ 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.

N/A

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.

N/A

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

V 1.1 (30 June 2016)

3. ___ OTHER REASONS.

B. _X_ BRAND NAME

The MARFORPAC and other field bands have made determinations on previous requirements, regarding the brand names of instruments which best suit their missions. In keeping with the best interest of the government, bands have tested the durability, reliability, and quality, and have come to the determination that the brands listed in the justification is indeed the best available option on the market. A “brandname or equal” description cannot be used because an instrument’s sound quality, which is essential in a bands performance, cannot be evaluated through observing a list of salient characteristics. In additon, MARFORPAC Band has accumalated spare parts and tools for the existing instruments. Purchasing instruments outside the brands will result in compatibility issues and additional funding to reprocure specific tools and parts. For these reasons, consideration of instruments manufactured by other companies are precluded from the competition.

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.

___________________ GySgt Kathryn S. Woltanski / 257-1297 15 Dec 17

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