2024-LGR-0055 - Arri Laser JA - Redacted Final - 03-07-2024_Redacted.pdf

Justification and Approval For Other than Full and Open Competition

Plan ID Number: 2024-LGR-0055

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.

Part 1 – Identification

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

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

Plan ID Number: 2024-LGR-0055

Contractor (or Brand Name): Arri, Inc.

Estimated Value (Base and all options):

Period of Performance: 07/14/2024 – 07/13/2026

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) the Packard Campus of the National Audio-Visual Conservation Center (NAVCC), requires contract support to provide access to moving image films in both 16mm and 35mm formats. In recent years the scanning of motion picture images has gained acceptance as a preservation method. However, for long term archival storage, film stock remains preferred over digital files. To transfer digital images back onto film stock for archival storage, a film recorder is required.

In the Library, we utilized the ArriLaser, manufactured by Arri. ArriLaser is a film recorder developed by Arri, a renowned German company known for its high-quality motion picture equipment. The ArriLaser is used for transferring digital images onto film stock for theatrical projection. ArriLaser is renowned for its precision, reliability, and ability to produce high-quality film prints. This cutting-edge device employs red, green, and blue lasers with remarkable precision to record digital images onto film stock.

Maintenance, upgrades, and repairs require a factory-trained engineer from Arri.

The Library’s maintenance support plan is expiring soon, and the Library needs a new maintenance support plan for its ArriLaser film recorder (serial #AL253), which must include obtaining software updates and preventative maintenance. The maintenance support plan for the ArriLaser film recorder will extend coverage from the expiring contract. The purpose of extending coverage is to ensure ongoing support and maintenance for the ArriLaser film recorder, which will allow continued operation and reliability while minimizing downtime and potential disruptions.

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

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

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 maintenance support agreement covers the ArriLaser film recorder device acquired by the Library in 2012. The maintenance support for the film recorder is offered by Arri manufacture and serviced by their technicians, who are stationed regionally. Only one responsible source is reasonably available to meet the Library requirements, ArriLaser brand. The ArriLaser (Serial #: AL253) film recorder is manufactured by Arri. Arri is a leading manufacturer of professional motion picture equipment, including cameras, lightening, and digital imaging tools. The ArriLaser film recorder, developed by Arri, is known for its precision and reliability in transferring digital images onto film stock for theatrical projection.

There are presently no other vendors who are certified by Arri to repair these systems aside from Arri. Arri is the brand manufacturer and they do not authorize or certify third parties to perform system repairs. Uncertified technicians are not authorized to perform equipment repairs. Arri provides specific training to ensure that its technicians have the necessary expertise to diagnose and fix issues with their equipment. Arri systems require precise calibration for accurate results. Only certified technicians have the knowledge and tools necessary to calibrate the equipment properly after repairs. Without specified training and technical knowledge, the operating and capabilities of these system would be compromised.

Certified technicians have access to genuine replacement parts provided directly from Arri manufacture. This ensures that the replacement components meet the manufacturer’s specifications and contributing to the proper functioning of the equipment. Arri offers warranties on their equipment and using certified technicians for repairs is a requirement to maintain the validity of the warranty. Repairs conducted by unauthorized technicians will void the warranty and the Library cannot afford to void the warranty, which could result in substantial duplication of costs, additional repairs, future problems that the manufacturer would no longer cover due to the voided warranty, and reduced productivity. Service performed by an uncertified technician could even result in the system becoming non-functional and the system could have to be replaced sooner than the expected end of their life. Due to these risks and costs, the Library must contract with Arri.

Additionally, the equipment’s operational capabilities would be compromised unless only Arri genuine parts are used to perform repairs. The Library’s market research has determined that only Arri can provide certified maintenance support for the Library’s

ArriLaser film recorder equipment. Arri manufacture is the only known source who can provide maintenance support services without the risk of unacceptable loss of warranty and potential impairment of film recorder device performance.

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:

We have verified that at this time the maintenance service plan on the ArriLaser film recorder can only be performed by Arri manufacture, until such time they elect to authorize third parties to repair and service this equipment. The Library will continue to survey the market to determine if other vendors become certified by Arri to provide these services.

7. Program Office Certification

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:

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 Published competitive price lists

Library’s Independent Government Estimate Prices obtained through market research

Other: 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

Part 4 – Competition Advocate Approval

(Required for actions valued at greater than $750,000)

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