Brand Name JA For Avaya CM Upgrade FE_Redacted.pdf

Justification and Approval For Other than Full and Open Competition

Plan ID Number: 2025-CIO-0352

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, Office of the Chief Information Officer (OCIO), IT

Service Operations (ITSO)

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

LoC or Leg Branch Order (or modification)

GSA Schedule or GWAC

Other: Open market or GWAC

Plan ID Number: 2025-CIO-0352

Contractor (or Brand Name): Avaya Federal Solutions, Inc.

Period of Performance: 09/29/2025 – 1/30/2026

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

The Library requires the following supplies or services:

The Library of Congress (Library) telecommunications Private Branch Exchange (PBX) is currently operating on

Communication Manager 10.X. The PBX and associated systems are not at the most current release. The Library requires professional services to upgrade licenses for the Library Communication Manager (CM) software at all Library sites, and

Avaya Call Management System (CMS). All updates shall be performed entirely by the contractor.

This Library telecommunications environments being upgraded consists of 4 locations in the District of Columbia, Fort

Meade, Maryland, Manassas, Virginia, and Culpeper, Virginia.

The Contractor shall upgrade the telecommunication services as listed:

• Avaya Aura® Communication Manager

• Avaya Call Management System

• Avaya Session Border Controller for Enterprise

• Avaya Aura® Session and System Manager

Plan ID Number: 2025-CIO-0352

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:

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:

Other basis authorized in 41 U.S.C. § 6101(b) or FAR part 6.302:

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:

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

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

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

Plan ID Number: 2025-CIO-0352

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:

Avaya Private Branch Exchange (PBX) and associated systems, equipment, software, and maintenance are an essential component of the Library’s Voice Network architecture. The Library owns the most recent software releases under its current Avaya maintenance contract; however, the Library’s systems are not at the most current software release. Upgrading the software is required to keep the Library up to date with the most recent enhancements and security features. Professional services are needed to perform the software upgrade.

Because the many proprietary components of the Avaya Voice Systems are currently under 24x7 maintenance by Avaya Federal Solutions, Inc, only Avaya is currently authorized to support the systems. If any component during an upgrade causes or is involved in a system failure, the failure is not covered by the existing Avaya maintenance contract and places the entire system at risk. This risk is unacceptable to the Library as system failure would result in a lapse in critical telecommunications services, causing mission essential functions to cease.

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

To increase competition, we will:

The current Avaya maintenance contract expires October 2025. The Library intends to compete the maintenance requirement as a brand name competition among Avaya and authorized resellers of Avaya.

Investment in the existing systems is significant and replacing the current solution is beyond the scope of maintaining what is currently in place. The Library requires Avaya as an essential product or brand-name.

Long-term determination of the feasibility of alternative solutions for subsequent acquisitions is anticipated.

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.