JA-Post Warranty Service for Lexmark Printers-FINAL_Redacted.pdf

Justification and Approval For Other than Full and Open Competition

Plan ID Number: 2025-NLS-0046

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, Library Collections and Services Group, National Library for the Blind and Print Disabled (LCSG/DL/NLS)

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: 2025-NLS-0046 Contractor: Lexmark International, Inc.

Estimated Value (Base and all options):

Period of Performance: 12/01/2024 - 11/30/2028

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

The Library requires the following supplies or services:

The National Library Service for the Blind and Print Disabled (NLS) provides selected partner libraries the capability of duplicating talking books via a system called Duplication-On-Demand (DOD). These partner libraries are located throughout the United States. Part of this process involved printing labels for digital cartridges produced; the labels are printed on 5x6 110lb scored and foldable index card stock. These are very special labels and require a well-tested standard printing environment. NLS currently utilizes the Lexmark MS725 and MS823 Series laser printers for this process.

The LOC purchased Lexmark printers to fulfill the DOD book and magazine delivery to our patrons, and meet the partner library logistics support requirements. They were established through full and open competition in 2019. The contract number LCNLS18D0085 with period of performance 08/06/2018- 08/05/2023 was awarded to Lexmark International, Inc. As NLS patrons are blind or print-disabled, and most are elderly, the DOD program is of great interest to our most vulnerable population of citizens, our partner network library’s, and it is in the best interest of the government to continue the program with minimal to no disruption in services available to this vulnerable population.

NLS continues to require contractor support to maintain printers at partner network library’s. The deployed printers have expired warranties which were last serviced by Lexmark, and as such, requires 4-year extended warranties inclusive of onsite repairs in order to keep the printers functional and the Duplication-On-Demand system operational. This will assist the Library with increasing visibility and control of its assets, scale growth appropriately, and enhance customer service delivery and product catalog decisions by ensuring the standard labeling procedures of the DOD program are followed.

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

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

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

DOD Printers Are Highly Specialized Equipment. DOD Printers have modified feeder and trays to accommodate the braille address card labels.

These printers have been specifically developed by Lexmark for use by Duplication On Demand program to print Address Cards for containers that has NLS cartridges. Without the specialized Lexmark trays and feeders, the Address Cards do not print correctly and get skewed. Given that blind patrons and Library staff interact with these cartridges, standardized and accessible labeling procedures must be followed.

Award To Other Sources Would Result In Substantial Duplication of Cost. If the Library awards contracts to other contractors for printer warranty renewal, the awards would involve substantial duplication of costs. The Library would need to budget for new printer design, manufacture, purchase, installation, and warranties. Because no other vendors or resellers can sell or perform the services covered under the Lexmark extended warranties for the Lexmark printers, only Lexmark can provide the extended warranties for the Lexmark printers. Also, other sources may not have the specialized parts for the modified trays and feeders to service and repair the printers and non-authorized repairs would violate Lexmark’s warranty terms.

Award To Other Sources Would Result In Unacceptable Delays. Failure to deliver these printer warranty by Lexmark would result in a significant loss of program momentum and undermine the confidence of NLS patrons and NLS network libraries. Not being able to establish a printer maintenance service agreement will hinder the DOD program delivery to patrons as a program stoppage would strain the relationship between NLS, its Network Libraries, and patrons. Moreover, NLS Network libraries desire an expedited on-site printer repair service for installed Lexmark printers.

The Lexmark printer incorporates proprietary supplies and/or services that are only available from Lexmark. Custom parts developed by Lexmark for the DoD program aid with traction of the thick media during the printing process, which is unique and not available from other brands’ printers. The warranty includes maintenance of all customized parts for the printers and requires the Lexmark perform the warranty and maintenance services.

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: Continue to evaluate printers necessary to fulfill the needs of NLS and it’s Network Libraries. NLS will continue to assess it’s needs for Duplication on Demand support and work with OCIO to ensure Lexmark printers are the only printers capable of meeting NLS’ unique needs.

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.

Product Manager 8/14/2024

Name

Title

Signature

Date

BPART 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, however, this justification and approval will be made publicly available for potential interested parties to express their interest.

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: None.

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 supports my determination: As part of market research, the COR obtained a market research quote from Lexmark. Additionally, their prices are publicly available on their website. Once Lexmark has submitted its quote, it will be compared to their online price catalog in addition to the market research quote provided.

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: Lexmark International, Inc. is the only company able to perform the required services for the required four year period of performance. As stated above, NLS’ printers are highly specialized and were procured from Lexmark in 2019 through full and open competition. The maintenance and servicing of these printers by Lexmark allows for the NLS DOD program to continue providing services to blind and print disabled patrons across the United States, does not violate the Library’s warranties, and ensure all covered equipment is covered in case of malfunctions.

Accordingly, awarding a purchase order to Lexmark International, Inc. provides the best value to the Government.

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

Signature

Date

09/25/2024