M0068120Q0030 Limited Source Justification.pdf

MEMORANDUM TO THE FILE

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

FOR AN 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 and the requirement is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

The purpose of this acquisition is to replace instruments that have reached the end of their life cycle and are now unserviceable:

- 3 each Yamaha Xeno YTR 8335 IIRS Trumpets

- 3 each Yamaha YHR 668 II (screw bell) Double Horns

- 2 each Bach 42B Trombones

- 1 each King 2B Trombone

- 1 each Yamaha YEP 642 SII NEO Euphonium

- 1 each Conn 20KSPW Sousaphone (with case)

- 2 each Miraphone 1291 5v in BBb Tubas

- 1 each Buffet Greenline 1193 Bass Clarinet

- 1 each Yamaha YSS 82ZR Soprano Saxophone

- 1 each Yamaha YAS 62 III Alto Saxophone

- 2 each Yamaha YTS 62 III Tenor Saxophones

- 1 each Yamaha YBS 62 Baritone Saxophone

- 1 each Martin Special 000 X1AE Acoustic-Electric Guitar

- 1 each Roland Fantom 8 workstation with case

These are all instruments that are used by all Marine bands and are also in use at the Navy School of

Music.

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.

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. ___ OTHER REASONS.

B. _X BRAND NAME

The band currently utilizes the makes and models being procured via this acquisition. Although other makes/models are playable and can perform the basic functions attributed to musical instruments, lesser models or other brands are of an untested and, in some cases, lesser quality. These instruments are usually made from lower quality materials, have larger tolerances between movable parts, have fewer inputs and outputs, have lessened ability to control the sound being reinforced, and require maintenance prior to performance. This level of quality is not acceptable and would not withstand the rigors of use associated with Marine

Corps Field Bands. A higher rate of replacement would be expected due to the less rigorous nature and lower quality of non-brand name instruments.

Additionally, any performance with lower quality instruments would not be of the caliber expected and required of the US Marine Corps Field Band. Performance capabilities of this unit and individual MOS training would become limited due to the lack of quality professional instruments. In addition, although they are usable and can perform the basic functions attributed to sound reinforcement gear, lesser models or other brands are of an untested quality and in some cases can be considered entry level. Also, due to the specific nature of each MOS in the unit, if one Marine cannot perform his or her job because of sub-standard equipment, then the mission capabilities of the whole ensemble will be limited and the quality of the musical support will suffer. Instruments within a musical section cannot be mixed in terms of performance characteristics. This leads to the section not being able to tune together, or blend and balance effectively. Typically, an instrumental section within a professional ensemble will perform in such a way as to be heard as one “voice”. This becomes increasingly difficult to accomplish with the current makes and models utilized mixed with different makes and models among each piece of equipment. Other makes and models, especially lesser ones, have different bore and bell sizes, different construction materials and different tuning tendencies.

The band’s instrument repair facility is tooled for the specific instruments in our inventory, to include the instruments being procured through this acquisition. At the present time there is estimated $10,000 worth of repair parts and tools utilized by repair technicians. In addition, the training and skill level required for each of the manufacturer’s specific equipment ensure the quality and maintenance of the equipment remains as intended from the manufacturer. Other brands would require the repair facility to be trained and tooled for the specific manufacturer specifications, which would be at an additional cost to the Government and is not expected to be recovered through competition. Additionally, current inventories of mouthpieces, lyres, and other required instrument attachments are tested with the requested makes and models. Deviation from the requested brand name items could also lead to requirements for replacing these current inventories.

Finally, all Marine Bands purchase additional ATA flight cases designed for the rigors of air travel and transport in cargo trucks. Different makes and models vary in size of bell etc., so a direct replacement is the only way to ensure there will not be an extra cost of ordering new ATA cases, which would result in additional cost to the Government that is not expected to be recovered through 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:

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.

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.

___________________ Jennifer L. White/760-763-5647 05/07/2020______

Signature Name (Printed) / Phone # Date