Redacted Justifiation and Approval.pdf

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

V 1.3 (28 June 2018)

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 applicable purchase request number is M5490020SUPBMTD. This requirement is for annual data license to include services for the following:

Unlimited annual access to school music programs list: high school, middle school, and elementary school. Includes direct mail, email deployable by the Marine Corps Band, phone, criteria selection data, and inclusion in the Marine Corps Band internal system.

This will yield access to approximately 47,761 contacts.

Electronic mail campaign that will yield access to approximately 28,612 contacts.

Quarterly data processing.

The Marine Band Office of Communication is charged with disseminating information about the

U.S. Marine Band, its performances, and its activities. The purpose of this program is to enhance the band’s recruiting potential by increasing awareness of the band’s history and mission, and to enhance the public affairs and community relations programs of the Marine Corps.

The required period of performance is for 12 months, immediately upon award, with provisions for four twelve-month option periods, to be exercised at the discretion of the Government.

The required delivery/performance start date is 27 July 2020, or date of award, whichever is later.

The total estimated value of this requirement, to include all option periods, is $XXXXXXX

Manufacturer: MTD Marketing, Inc.

Manufacturer POC and Phone Number: Mike Danforth / 800-320-7507

Manufacturer Address: 2910 N. Powers Blvd 352, Colorado Springs, CO 80922-2801

Manufacturer’s Dealer/Representative:

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.

The only way the Marine Band can efficiently and effectively market to elementary, middle and high school music programs is to contract for a vendor to access the National List of Music Educators. The vast amount of contacts throughout the country change frequently as band directors’ change places of employment, and researching and managing this data in house is not possible.

MTD is the only data management company in the United States that specializes in school performing arts. MTD data on school performing arts programs and teachers is the most comprehensive, accurate, and in-depth data in the United

States. The data is updated and expanded upon daily.

In addition to direct mail lists its services include consulting, customer profiling, analysis, email broadcasts, appending to customer lists, electronic surveys, and merge/purges. The Marine Band’s educational programs are constantly expanded and so does its need for access to accurate data for marketing. MTD is the national leader in school performing arts data; MTD is the only organization that maintains a comprehensive and largest database of USA music, theatre, and dance educators. Other data providers know that a school has band or music of some type, whereas MTD drills down to provide whether the school has concert band, marching band, and/or jazz band and who's teaching/directing each of those ensembles. What the Marine Band is licensing from MTD is a database of

K-12 concert band, assistant band, and marching band teachers/directors at K-12 schools in the USA for contact by direct mail, email, phone, etc. Currently this comprises more than 46K unique teachers/directors at more than 40K schools.

There are email addresses for 32K+ of these teachers. The Marine Band will have unlimited use of the data during the license.

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. Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.

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:

4. If appropriate, include any additional pertinent information.

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 Rodriguez-Keeton, Z.GySgt Rodriguez-Keeton, Z.

___________________ 202-433-5689 ______________

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.

___________________ Monica Curley / 703-432-1668 ______________

Signature Name (Printed) / Phone # Date