Attachment J1 - JA - Digital Microscope 2024 04 23 - Final_Redacted.pdf

Justification and Approval For Other than Full and Open Competition

Plan ID Number:

Form Updated 4/14/2023

Justification & Approval

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 7-210, 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.

1. Contracting Agency and Activity: Library of Congress, LCSG/PRES/CD

2. Nature of Action Being Approved

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, Conservation Division (CD) requires a Digital Microscope analytical instrument. This scientific instrument will be used as an analytical and diagnostic tool to determine the microscopic nature of artifacts across the vast Library of Congress (LC) collections, specifically in the analysis of three-dimensional artifacts. This information will be used for a number of preservation activities including surface characterization in support of examinations and treatments, conservation treatment of collection items, and documentation of surface characteristics. The digital microscope needs to be:

• Accurate at high levels of magnification, and portable in that it can be transported to analyze objects in situ.

• Enable the examination of larger collection items (e.g. ceramic collection, most of its architectural models, many of the musical instruments, and other important items), many of which cannot be examined on a standard XY microscope stand.

• Enable multiangle examination without the need to move or tilt the microscope column.

CD) has identified the Hirox Ultra High Resolution Digital Microscope Unit with a rotary multi-angle lens as the only equipment that addresses all stated requirements. The Hirox instrument enables examination of collection items with sizes greater than 18” in three dimensions, and with a rotary multi-angle lens to allow access to vertical surfaces on 3D materials, significantly reducing handling and risk of damage to the artifact. The Hirox is accurate at high levels of magnification, provides the widest range of working magnifications from 0x-10,000x to meet any examination requirement, is portable so it can be transported to analyze objects in situ that do not fit on a standard x-y stand, and has the ability to produce three dimensional scans of objects under examination and treatment.

Included in this purchase are: Hirox Ultra High Resolution Digital Microscope Unit, 20x–2500x turret zoom lens, 50x-400x mid-range zoom lens with 3D rotary multi-angle adaptor, (non-networked) workstation PC with 4K Resolution Monitor, associated equipment and accessories, delivery, installation and onsite training.

Part 1 – Identification

Contract (or modification) LoC or Leg Branch Order (or modification) GSA Schedule or GWAC:

Other: Identify

Plan ID: 2 Contractor (or Brand Name): Hirox Ultra High-Resolution Digital Microscope Unit Estimated Value (Base and all options):

Period of Performance: 6/15/2024-6/14/2025

Updated 4/14/2023

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 of Congress Enterprise Architecture Repository (LCEAR) database (Attach applicable

IT Standard Data Sheet)

Up to and including $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 the Library of Congress Enterprise Architecture Repository (LCEAR) database (Attach applicable IT Standard Data Sheet)

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 of Congress Enterprise Architecture Repository (LCEAR) database (Attach applicable

IT Standard Data Sheet)

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 of Congress Enterprise Architecture Repository (LCEAR) database (Attach applicable IT Standard Data Sheet)

Part 2 – Program Office Justification & Approval

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:

After comprehensive market research, the Hirox Ultra High Resolution Digital Microscope Unit is the only instrument that will satisfy all of the unique requirements that the Conservation Division has for analyzing cultural heritage materials. The Hirox Digital Microscope is the only brand with the flexibility, adaptability, sensitivity and stability required for the safe examination and treatment of material under magnification that meets the unique requirements of enabling multiangle examination without the need to move or tilt the microscope column and enable the examination of larger collection items, many of which cannot be examined on a standard XY microscope stand. The Hirox equipment also includes a unique telecentric macro lens with no edge distortion for image stitching and provides the widest range of magnification available on the market. While there are other digital microscopes available on the marketplace, they do not satisfy all the needs of CD. Most microscopes are best suited for the examination of cross-section or thin-cut samples on a microscope slide, or examination of smaller 3D artifacts neither of which are applicable to CD’s requirements.

One vendor for the Hirox -- Digital Microscope Associate, LLC -- was identified in GSA Advantage (GSA Contract # 47QSWA21D005U) as offering the Hirox digital microscope with software and associated equipment and accessories. Some components are not available through GSA, and Digital Microscope Associate, LLC has quoted CD for the open market items.

Further details:

The Hirox Digital Microscope is the most appropriate digital microscope for the Conservation Division’s needs. Hirox offers a wide array of lenses, magnifications, filters, and adapters to satisfy any examination need. The multiangle viewer adapter adjusts the angle of view to 25, 35, 45, and 55 degrees off center, allowing for the examination of difficult to impossible to access areas on three-dimensional material without tilting the microscope or object. The associated lens also has a long working distance, allowing for comfortable treatment of materials under magnification. Hirox also provides the only telecentric macro lens on the market with superior image and 3D scan stitching without fishbowl edge distortion, ensuring accurate image capture of large-scale photomicrographs. These two capabilities are not currently available with other microscopes in the Division or on the open market.

Hirox’s microscope lens design is backward compatible, allowing for easy future modifications and adaptation as new conservation treatment and examination needs arise. The modularity of the unit also permits for upgrades of individual elements, allowing for increased performance as technology develops without forcing the entire unit into obsolescence.

Flexibility of viewing scenarios is paramount to examination and treatment of the Library’s collections. The main microscope body and motor must be able to be attached to either an articulating arm or x-y stand depending on what material is being examined. While other digital microscopes require third-party vendors for arm manufacture, Hirox offers an articulated arm specifically fitted for its microscope, ensuring compatibility between the two units and integration with the operating software. The arm locks at each joint while providing several points of movement that allow for ease of access to a wide range of angles of viewing in hard-to-reach locations, easing assessment and treatment of objects. This flexibility and stability are required for the detailed examination of the Library’s collection materials possessing large, fragile, and uneven topographical surfaces. The Hirox unit also provides the working flexibility and portability to be set up to examine objects in situ in the galleries or at a workbench in the Conservation Lab, significantly expanding the potential applications within the Library.

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: This is a one-time requirement, and thus action to increase further competition is not needed.

8. Efforts to Solicit from As Many Potential Sources As Practicable Unless a justification is based on FAR 6.302-2, Unusual and compelling urgency, contracting officers shall post justifications for other than full and open competition, including brand name justifications, to the Contract Opportunities website sam.gov (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 sam.gov for 15 days before a contract is awarded. FAR 5.203(a).

Advance or concurrent notice will be published in sam.gov 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 7-210 § 3.A.

We made the following efforts to interest potential sources in this award:

9. Listing of Sources That Expressed Interest in Writing

The following sources expressed interest in this award:

10. Additional Information

The following additional information is relevant to this justification and approval:

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)):

Historical prices paid by the Government Library’s Independent Government Estimate Other:

Published competitive price lists Prices obtained through market research Prices obtained through competitive proposals

The following analysis (based on attached pricing information) supports my determination:

12. Contracting Officer Determination of Responsibility

Checked System for Award Management (or will check in the case of competitive proposals for a brand name product)

13. Contracting Officer Determination of Best Value I have determined that this action represents the best value to the Government because:

14. Contracting Officer Certification I certify that, to the best of my knowledge and belief, this justification is accurate and complete. For those actions up to $750,000, I approve contracting without competition for this requirement.

Name

Signature

Date

Part 3 – Contracting Officer Determinations & Certification

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

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

Part 4 – Competition Advocate Approval (Required for actions valued at greater than $750,000)

Part 5 – Senior Procurement Executive (Required for actions valued at greater than $13,500,000)