Attachment J1 - Brand Name Justification.pdf

Justification and Approval For Other than Full and Open Competition

Plan ID Number: 2024-LGR-0214

Form Updated 4/14/2023

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 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.

Part 1 – Identification

1. Contracting Agency and Activity: Library of Congress, LCSG/RCS/NAVCC/VPL

2. Nature of Action Being Approved Contract (or modification)

LoC or Leg Branch Order (or modification)

GSA or GWAC Order: NASA SEWP Order

Other: Identify

Plan ID Number: 2024-LGR-0214

Brand Names: Apple, Blackmagic, Sonnet

Estimated Value (Base and all options):

Period of Performance: 08/07/2024 – 06-30/2025

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:

Authorized reseller to provide the following Brand Name Products and the following Non-Brand Name Products:

Brand Name Items:

• 16 - Apple Mac Mini M2 Computers (16Gb Ram, 256 GB SSD, 8/10 Core 10GBE), AppleCare 3 Years

• 16 - Sonnet xMac Mini Server Thunderbolt 3 Rackmount Enclosure | MFR #XMAC-MS-A-TB3

• 16 – Blackmagic Design DeckLink SDI 4K Capture & Playback Card | MFR #BDLKSDI4K

Non-Brand Name Items:

• 16 – 4TB PRO-G40 SSD Thunderbolt 3 Portable SSD

• 1 - KVM Switch – 19” Standard Display, Cat6 KVM (VGA, DVI, HDMI, USB-C, DisplayPort), [-CATx10032]

32-Port – 1 Local User, w/ Touchpad, Power Input: 100-240V AC

• 32 - USB 3.0 Hub, 4 Port USB Hub Splitter, Portable USB Adapter Mini Multiport Expander

• 32 - DisplayPort USB Dongle for CAT6 KVM – DisplayPort + USB

• 32 - USB C to DisplayPort Adapter - 8K@30Hz/4K@144Hz, Thunderbolt 3/4 Type C Male to DisplayPort

Female Adapter

Plan ID Number: 2024-LGR-0214

Form Updated 4/14/2023

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 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)(i)(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)

Plan ID Number: 2024-LGR-0214

Form Updated 4/14/2023

5. Rationale for Contracting Without Competition

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

The Library proposes to build a workflow around commonly used software and development tools and the Mac Mini is the most cost effective solution that was identified by the Library’s Video Lab staff. The digitization standard for the Library is a file type FFV1 in an MKV wrapper. The encoding software and development tools used to create the files that conform to the standards set by the

Library require a Mac based platform, which is essential to the Library’s encoding system.

The specific brands required in the Statement of Work (SOW) are essential due to their use as industry standard platforms for video encoding across the archival industry.

The two biggest risks in not using Apple/MAC platforms are project cost and obsolescence of both hardware and software.

Lead by the private sector such as the Movie and Television studios over the past decade, the Archival/Digitization industry has migrated towards the use of Apple/MAC platforms because of the lower initial cost and availability of these products. Utilizing

Apple/MAC allows the Library to continue using open source software, which is standard across the entire Archival industry.

Software development utilizing the open-source tools available across the Archival Industry has a lower cost when compared to manufacturer-specific custom software. Using platforms other than MAC will result in additional funding obligations for further software development as the existing applications and hardware would need to be developed to “talk” to the new non-Apple/MAC software/hardware. Manufacturer-specific software will also have additional and continuing maintenance costs.

There is additional risk involved with the use of manufacturer-specific software. Manufacturer-specific software may require a specific platform in order for the Library to use the software. Should the platform become unavailable or the software vendor cease to exist, the system as a whole will become obsolete. For example, all Library encoders are on a windows 7 operating system as the proprietary hardware will not run on newer operating systems. The Library wishes to mitigate this risk by using its MAC minis and open source software.

For the Sonnet case, its design allows the Library to place the new Mac Mini’s in an industrial 19 inch server rack. This is an industry standard size. The Mac Minis must be able to fit into a server rack that fits into the Library’s limited space in its server rooms and this is guaranteed with the Sonnet cases. This is an essential requirement as there is no other installation space available in the server room beyond the 19-inch standard.

For Blackmagic brand name products, these are industry standard for video and audio capturing. This equipment is an essential piece of the encoding system as a whole. There are millions of users of this equipment and Blackmagic’s reputation for high reliability and longevity ensures the new encoding platforms will have maximum uptime capabilities.

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

To increase competition, we will:

Periodically analyze the best practices in the industry as well as changes in product availability to position the Library to use new technologies and software. The working lifetime of the hardware is projected to be 6 years. This will provide opportunities to re-evaluate the Library needs. All attempts will be made to ensure that the solutions implemented will provide the library with the most competitive marketplace. All of the products listed as brand name have multiple resellers ensuring adequate competition.

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.

Nick Doshi

Name

Audio Visual Maintenance

Specialist

Title

Signature

Date

2/2/24

Plan ID Number: 2024-LGR-0214

Form Updated 4/14/2023

PART 3 – CONTRACTING OFFICER DETERMINATIONS & CERTIFICATION

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 on 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: 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 is a requirement with brand name and non-brand name products. In order to maximize competition, the Library will post a request for quote on Sam.gov, allowing any authorized reseller to provide these products to the Library.

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 13.106-3(a)(1) or (a)(2)):

Historical prices paid by the Government Published competitive price lists

Library’s Independent Government Estimate Prices obtained through market research

Other: Prices obtained through competitive quotes

The following analysis (based on attached pricing information) supports my determination: All of the products, whether brand name or not, are readily available in the commercial marketplace. Any offeror can provide these products to the Library if they are an authorized reseller. In order to maximize competition, the Library will solicit this requirement on Sam.gov as Lowest Price

Technically Acceptable. This ensures multiple quotes will be submitted and the offeror with the lowest price will win the award.

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: Adequate competition is expected given the availability of the products across the marketplace. The majority of the required products are not brand name. The Library minimized the amount of brand name products and clearly noted which products are brand name only in order to maximize competition. It is for these reasons, as well as the justification provided in Section 5, that awarding an order for Apple, Sonnet, and Blackmagic products provides the best value to the Government.

Plan ID Number: 2024-LGR-0214

Form Updated 4/14/2023

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.

Betsy T. Lewis-Matsuoka

Name

Date

07/11/2024