Justification and Approval - Cooperman Series Drums.pdf

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

V 1.5 (14 March 2023)

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)(3)(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:

2nd Marine Division Band has a requirement for:

(4) Cooperman Series rope tension snare drums

(2) Cooperman Series rope tension bass drums

(1) ½ day clinic given on proper maintenance and adjustments of this equipment.

The Required Delivery Date (RDD) is no later than 30 September 2023.

This equipment will be picked up by the Marines attending the clinic at the Loyal Drums factory.

The clinic must be given at the factory because they possess all of the tooling and personnel needed to demonstrate and teach proper maintenance.

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. _X_ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

Loyal Drums LLC. has exclusive rights to the manufacturing of Cooperman Series rope tension drums due to the highly specialized construction techniques that are required to build instruments of this caliber. The Cooperman Series Rope Tension

Drums are built by hand using proprietary tools and specialized construction techniques by drum makers experienced in historical instrument design and development.

These are handcrafted, custom order drums. They have a different sound than those of other assembly line drums. The drums are to be the same as other Marine Corps

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

V 1.5 (14 March 2023) bands, which enables them to perform joint concerts and maintain the traditional tonal sound qualities and uniform appearance.

Cooperman Series Drums have been historically used by military bands because of their high quality and durability. The 2nd Marine Division Band is currently using this same type drum and have some spare parts for them as well. These are direct replacements for the same type of drums currently on hand.

2. _X__ 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.

Items required must be procured from the OEM, Loyal Drums LLC, as they do not have authorized distributors.

3. ___ OTHER REASONS.

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: