M0031820Q0016 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:

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

Item Brand Name Model/Part Number Flute Muramatsu DS Alto Saxophone Selmer 52SJ Bb Trumpet Bach 180S72 French Horn Conn 8DS French Horn Hans Hoyer 6802A-1-0 Trombone Bach 42B Trombone SE Shire TBQ30YA Bass Trombone Bach 50B Bass Trombone SE Shire TBBSCA CC Tuba Meinl Weston MW5450-2-0GB

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.

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

Item required must be a brand name, product, or feature of a product, particular to one manufacturer.

A “brand name or equal” description cannot be used because an instrument’s sound quality, which is essential in a band’s performance, cannot be evaluated using a list of salient characteristics or a product description. The MARFORPAC and other field bands have already determined that the instruments from the brand names listed are the best available option in terms of durability, reliability, and quality. Additionally, even the slightest change in an instrument design can decrease a Marine’s proficiency because muscle memory is a key element during the band’s performance. Purchasing instruments other than the ones listed above can also result in additional costs if the existing tools and spare parts are not compatible with another manufacturer’s instrument design. The band’s instrument repair facility is currently tooled/supplied for the instruments from the brand names listed above. For these reasons, consideration of instruments manufactured by other companies must be precluded.

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 Mathew Medina / 257-7440 29 April 2020 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

MEDINA.MATHE

W.1282937081

Digitally signed by

MEDINA.MATHEW.1282937081

Date: 2020.04.29 12:20:54 -10'00'

5-May-2020GySgt Ariel Pena 808-257-0093