Miraphone Brand name justification .pdf

BRAND NAME REQUIREMENT JUSTIFICATION TEMPLATE

(For Simplified Acquisitions < $150,000)

1. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED

(2 ea) Miraphone 1291 Series 5-Valve 4/4 BBb Tuba Lacquer With Hard Case

229th Army band is authorized 4 Tubas per our MTOE. All four have reached their life cycle, we are requesting two be replaced at this time.

Provide a brief non-technical description of the supplies/services to be acquired. A brief non-technical description of those salient physical, functional and performance characteristics of the supplies/services to be acquired.

2. JUSTIFICATION FOR SOLICITING A BRAND NAME

The Miraphone is the brand of Tuba currently in use by the 229th Army Band. Continued procurement and use of this specific brand is at the request of the commander. The chosen model allows for optimal performance capability and meets the standards of the 229th Army Band commander, as prescribed in AR 220-90 Ch 4-1b(1-2). Miraphone brand is superior in tone quality, range, reliability, and durability compared to other lower priced brands. Lower quality brands such as Yamaha -in addition to limiting performance capability- will require more frequent maintenance and earlier replacement, ultimately undermining their initial cost benefit. For example, the 1291 series Miraphone Tuba purchased in 2007 is still in use today and is not one of the tubas being replaced on this contract, despite having passed the prescribed life cycle published by US Army School of Music.

The brass, woodwind, electronic, and percussion instruments must meet the professional standards of the unit’s command team and senior sergeants, as prescribed in AR 220-90 Ch 4-1b(1-2), “Army band officers, warrant officer bandmasters, or band senior sergeants are the only personnel authorized to certify the sufficiency, condition, serviceability, and quality of musical instruments, sound reinforcement systems, recording equipment, musical support equipment, and expendable supplies.” Furthermore, “First-line, professional-quality musical instruments are required in Army bands. Responsible supporting procurement activities will procure items based on the recommendation of the Army band officer, warrant officer bandmaster, or in the absence of either, the band senior sergeant (see para 1–4j(2)).”

Provide a clear/concise statement of the facts justifying the award of a brand name contract. For example:

(A) If the justification involves urgent and compelling circumstances, then the time constraint and the reason why only one brand can meet the requirement should be explained; and/or

(B) If the justification is the unique capabilities/supplies possessed by only one brand (ie proprietary rights), then state the reasons why no other brand has or can obtain these capabilities/supplies.

3. EFFORTS TO OBTAIN COMPETITION

In person testing of other Tuba brands and models such as Yamaha proved they do not meet the standard of musical performance provided by Miraphone 1291.

Describe all efforts taken (or to be taken) to ensure offers are solicited from as many potential sources as practicable. Document efforts to obtain competition. For example, did market research identify any other brand(s) that can provide your required product or service or was a sources sought synopsis issued by contracting to try to find another source?

4. STEPS TO PRECLUDE FUTURE BRAND NAME AWARDS

Elimination of Miraphone brand requirement would require substantial changes/improvement in design/construction by competing brands which is not anticipated at this time due to their intentional design for lower price point and intermediate quality, since there is a larger market for intermediate players such as students, and a smaller market for professional players.

Provide a statement of actions to be taken by the requiring activity to preclude the necessity for future brand name acquisition of the same supplies/services (e.g., conducting a market survey to determine potential future sources). (Market research is any effort undertaken to determine if sources capable of satisfying the agency’s requirements exist and to determine if commercial items or non-developmental items are either available or can be modified so that they will satisfy the agency’s needs. Market research should be focused not only on identifying alternate brands, but also on alternate equipment or substitutes that might fill the government needs with only minor modification. Regardless of the approach used, the results should provide a high level of confidence that no other qualified brands exist.)

5. OTHER FACTORS:

Vendors routinely offer 10% discount or more from listed retail price. Hard case is required for secure transport.

Provide any other factors supporting the use of brand name, including an explanation of why technical data packages, specifications, engineering descriptions, statements of work, statements of objectives, or purchase descriptions suitable brand name have not been developed, are not being developed, are not being used, or are not available.

6. CONTRACTING OFFICER’S DETERMINATION

I have determined, in accordance with FAR 13.106-1(b)(1), that the circumstances of this contract action deem only a brand name is reasonably available.

(Commander’s Signature) (Duty Title)

1st Ind, 82 CONS/LGCA

The above justification is accurate and complete to the best of my knowledge and belief.

Contracting Officer Date:

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/13.htm#P119_17056