030ADV20Q0274 BNJ_Redacted.pdf

Justification and Approval For Other than Full and Open Competition

Requisition Number:

Form ## (2015 02) Form Updated 5/9/2016

Justification & Approval For Other than Full and Open Competition

As a legislative branch agency, the Library is subject to the competition and advertising requirements of 41 U.S.C. § 6101. Like the Competition in Contracting Act and the FAR, 41 U.S.C. § 6101 does not require competition when a contracting officer certifies that only one source or brand-name item is available, when dictated by public exigency, or when otherwise authorized by law.

This document sets forth the justification and approval for award of a contract or order by means providing for other than full and open competition per 41 U.S.C. § 6101, LCR 2110, and, as applicable, FAR 6.302, FAR 13.106-1, FAR 8.405, and FAR 16.505. Contracting without competition shall not be justified on the basis of a lack of advance planning or concerns related to availability of funds.

This form shall be used to support instances where competition will be limited to a single source, a limited number of sources, including where a brand name product is required.

Part 1 – Identification

1. Contracting Agency and Activity: Library of Congress, Office of the Librarian

LIBN/OCER/MMG

2. Nature of Action Being Approved Contract (or modification) LoC or Leg Branch Order (or modification) GSA Schedule or GWAC: Identify Schedule/Contract Other: Identify

Requisition Number:

Contractor (or Brand Name): Quantum Estimated Value (Base and all options):

Period of Performance: 09/30/2020 – 09/29/2021

3. Description of Supplies or Services Required to Meet Library Needs

Describe the supplies or services that are required to meet the Library’s minimum needs and the delivery schedule required to meet those needs. Do not focus on a description of the program.

The Library requires the following supplies or services:

The Library of Congress (Library) requires contract support to expand the capacity of its Quantum storage system. The Office of the Librarian Multimedia Group (MMG) currently uses the Quantum storage system in its daily workflow, as working storage for content being produced live and for video-on-demand, for the Library. It is necessary for MMG to expand the capacity of the system to support larger format media content being produced by MMG, and to aid in providing a higher capacity of storage to support working remotely and social distancing for MMG staff.

Requisition Number:

Form Updated 5/9/2018

Part 2 – Program Office Justification & Approval

4. Authority for Contracting Without Competition Over $250,000 For this requirement over $250,000, under FAR part 6, the basis for contracting without providing for full and open competition is:

There is only one responsible source and no other supplies or services will satisfy Library requirements.

41 U.S.C. § 6101(b)(2)(C); FAR 6.302-1.

Library’s minimum needs can only be satisfied by contractor’s unique capabilities or products. FAR 6.302-1(b)(1).

Source controls copyrights, patents, raw materials, or secret processes cannot be acquired otherwise, or similar circumstances. FAR 6.302- 1(b)(2).

Other exception identified in FAR 6.302-1: Identify the exception

There is such unusual & compelling urgency that the Government would be seriously injured if competition is not limited.

41 U.S.C. § 6101(b)(2)(B); FAR 6.302-2. Option years are not permitted.

Source is expressly authorized or required by statute (e.g., AbilityOne, UNICOR, GPO, GSA Public Buildings Service, Appropriations Act, etc.) per 41 U.S.C. § 6101(b)(1) and FAR 6.302-5: Identify the authority Other basis authorized in 41 U.S.C. § 6101(b) or FAR part 6.302: Identify the exception

Library’s needs can only be satisfied by a brand-name product or item which is essential to the Government’s requirement. FAR 6.302-1(c).

The Product is listed on the Library’s Technical Reference Model (TRM) as part of the “As-is” Lifecycle, Page #: (Attach applicable page from TRM)

Up to $250,000 For this requirement up to $250,000, using simplified acquisition procedures under FAR part 13, the basis for contracting without providing for full and open competition is:

Only one responsible source is reasonably available to meet Library requirements. 41 U.S.C. § 6101(b); FAR 13.106-1.

Product or service is reasonably available from only one source.

Source controls copyrights, patents or other exclusive licensing arrangements.

Urgent circumstances; only one source can reasonably deliver by required date. Option years are not permitted.

Source is expressly authorized or required by statute: Identify the authority

Library’s needs can only be satisfied by a brand-name product The Product is listed on the Library’s Technical Reference Model as part of the “As-is” Lifecycle, Page #: (Attach applicable page from

TRM)

GSA Schedule Order For this GSA schedule order under FAR part 8, the basis for not competing among GSA schedule-holders and/or specifying a brand name product or item is:

An urgent and compelling need exists, and following GSA procedures would result in unacceptable delays.

FAR 8.405-6(a)(1)(i)(A).

Only one GSA source is capable of fulfilling the requirement at the level of quality required because the supplies or services are unique or highly specialized. FAR 8.405-6(a)(1)(i)(B).

In the interest of economy and efficiency, the new work is a logical follow-on to an original order that was placed competitively among GSA schedule-holders (i.e., the original order was not sole-source or limited-source.) FAR 8.405-6(a)(1)(i)(C).

Library’s needs can only be satisfied by a brand-name product The Product is listed on the Library’s Technical Reference Model as part of the “As-is” Lifecycle, Page #: (Attach

Order Under Multiple Award Indefinite-Delivery Contract or GWAC For this order under FAR subpart 16.5, the basis for contracting without providing for full and open competition is:

The need is so urgent fair opportunity would result in unacceptable delays. 41 U.S.C. § 6101(b)(2)(C) and FAR 16.505(b)(2)(i)(A).

The Library’s minimum needs can only be satisfied by contractor’s unique capabilities or products. 41 U.S.C. § 6101(b)(1) and FAR

16.505(b)(2)(i)(B).

A logical follow-on order in the interest of economy and efficiency. 41 U.S.C. § 6101(b)(1) and FAR 16.505(b)(2)(C).

To satisfy a minimum guarantee. 41 U.S.C. § 6101(b)(1) and FAR 16.505(b)(2)(D).

Authorized or required by statute. 41 U.S.C. § 6101(b)(1) and FAR 16.505(b)(2)(E).

The Library’s minimum needs can only be satisfied by a brand-name product or item which is essential to the Government’s requirement. 41 U.S.C. § 6101(b)(2)(B) and FAR 16.505(a)(4)(i).

The Product is listed on the Library’s Technical Reference Model as part of the “As-is” Lifecycle, Page #: (Attach applicable page from the

TRM)

Requisition Number:

Form Updated 5/9/2018

5. Rationale for Contracting Without Competition

In supporting an action not providing for full and open competition, it is not sufficient to demonstrate that the contractor is exceptionally well qualified or even the best qualified, or that the required brand name product is well suited to the Library’s needs. The rationale must demonstrate that no one else, or no other competing product, can satisfactorily fulfill the Library’s requirement. Do not focus on the importance of the requirement; the issue is the rationale for not competing.

In supporting urgency, address the following: What are the unexpected facts or the unpredictable events that led to this situation? When is the required delivery or performance start date? Why this date? What specific harm to the Government will occur if the delivery is not made or performance not begun as scheduled? (Note that expiration of funds is not sufficient harm to justify not competing.) Demonstrate that the contract is only for items and quantities urgently needed until a competitive procurement action can be developed, or that a separate competitive follow-on is not practical.

In supporting a brand name justification, the brand name or feature must be essential to the Library’s requirements, and market research indicates that other company’s similar products or products with similar features cannot meet or be modified to meet the Library’s needs.

We are authorized to limit competition on the basis of the citation in section 4 because:

The Quantum storage system in use is the central working storage point for all of the content produced by MMG. The system was implemented as part of a much larger project during FY17, with a goal of increasing post production efficiency. Use of this Quantum storage system allows MMG to move larger high-definition video files (often in excess of 500GB), at speeds 22 times faster than the Library’s data network. It also allows MMG to have access to working storage to complete its work when the Library data network experiences outages or unscheduled maintenance. During FY19, the Quantum system was successfully reconfigured on a new VLAN as requested by OCIO, to ensure that all system updates would be accessible by all workstations connected to the system. The Library has invested a substantial amount of money and staff resources into the Quantum storage system. The system was procured due to the potential for growth and ease of expansion. Other storage systems are not compatible with Quantum. Installing non-Quantum storage are identified as “gray market” items – and any installation of them would negate the current contracted support from Quantum and/or void any warranty. Only Quantum branded hardware and software can be used to seamlessly expand the system. Failure to continue use Quantum branded hardware and software components could pose a substantial risk, in the event of system failure, without support from the manufacturer to re-stabilize the system. Diversified engineers installed the provided reconfiguration support. Quantum recommends using the same vendor to continue work for expansion and other system support – since the vendor knows the installation and is familiar with the security protocols that are established by each organization.

6. Actions to Overcome Barriers to Competition Before Subsequent Contract Is Required

State what actions, if any, the program office can take to overcome barriers to competition before a contracting for this requirement again, such as:

using action to provide time to develop specifications for a competitive procurement by a certain date; licensing copyrights or patents so other contractors may use the works; or breaking the requirement into parts that may be purchased competitively. If this is a one-time requirement, explain that action to increase future competition is not needed. If the source is expressly required by statute, state “Source is statutory.”

To increase competition, we will:

Due to the system only being able to be wholly supported by the manufacturer (Quantum), the brand name justification would remain in place for the life of the system. When MMG explores advanced options for storage in seven years, other storage vendors will be considered. But with all storage systems, the manufacturer will maintain exclusive control over the hardware and software maintenance of their systems as well.

7. Program Office Certification

I certify that the description of the Government’s minimum needs, schedule requirements, and technical information that provide the basis for this justification are accurate and complete.

Name Title Signature Date

Requisition Number:

Form Updated 5/9/2018

Part 3 – Contracting Officer Determinations & Certification

8. Efforts to Solicit from As Many Potential Sources As Practicable Unless a justification is based on FAR 06.302-2, Unusual and compelling urgency, contracting officers shall post justifications for other than full and open competition, including brand name justifications, to the federal business opportunities website (or eBuy for Brand Name Justifications under FAR Part 8) prior to requesting a proposal or otherwise entering into negotiations.

Advance notice will be published in FedBizOpps for 15 days before a contract is awarded. FAR 5.203(a).

Advance or concurrent notice will be published in FedBizOpps for a reasonable time for commercial items FAR 5.203(a) and 12.204(b).

Advance notice will not be published because the action meets the following FAR exception:

Notice would compromise national security. FAR 5.202(a)(1).

Unusual and compelling urgency; notice period would seriously injure Government. FAR 5.202(a)(2).

Expressly authorized or required to be made through another Government agency. FAR 5.202(a)(4).

Order will be placed against an IDIQ contract awarded under FAR 16.5. FAR 5.202(a)(6).

Order will be placed against GSA schedule or other competitively-awarded contract. FAR 5.202(a)(11).

Other:

Advance notice will not be published per 41 U.S.C. § 6101; see attached deviation from the FAR per LCR 2110 § 3.A.

We made the following efforts to interest potential sources in this award: None

9. Listing of Sources That Expressed Interest in Writing

The following sources expressed interest in this award: None

10. Additional Information

The following additional information is relevant to this justification and approval: this brand name justification will be posted with the solicitation as a RFQ on beta.sam.gov.

11. Contracting Officer Determination that Price Is Fair and Reasonable As explained in detail below, I have determined that the prices for this contracting action are fair and reasonable based on comparison of the prices to the following (see FAR 15.404-1(b)(2):

14. Contracting Officer Certification I certify that, to the best of my knowledge and belief, this justification is accurate and complete.

Name

Signature

Date

Requisition Number:

Form Updated 5/9/2018

Part 4 – Competition Advocate Approval (Required for actions valued at greater than $250,000)

Approved. Based on the information, determinations, and certifications provided by the program office and the contracting officer, and in accordance with the instructions below, I approve contracting without competition for this requirement.

Option periods: No Yes, Number through Date

Not Approved. As explained below, I do not approve contracting without competition for this requirement.

Comments or instructions:

________________________ Assist/Assoc General Counsel __________________________________ ________________ Name Title Signature Date

Part 5 – Senior Procurement Executive (Required for actions valued at greater than $12,500,000)

17. Head of the Procurement Activity Approval

Approved. Based on the information, determinations, and certifications provided by the program office and the contracting officer, and in accordance with the instructions below, I approve contracting without competition for this requirement.

Not Approved. As explained below, I do not approve contracting without competition for this requirement.

Comments or instructions:

Name

Director, Contracts and Grants _______________________________ Signature

Date