J-A - Avian Rochester - Redacted (2).pdf

Justification and Approval For Other than Full and Open Competition

Plan ID Number: 2024-LGD-0122

Form Updated 4/14/2023

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 Library of Congress has determined through extensive years’ long market research, that the kind of consultant services provided by Avian Rochester, as they relate to research into prior art and best practice for reflective and transmissive digitization as applied to cultural heritage and other fields of application, is unmatched by any other vendor in the marketplace. Avian Rochester has adapted advanced imaging techniques to reflective and transmissive cultural heritage imaging, with specific application to the FADGI program and ISO 19264 part 1 and part 2 (under development). Avian Rochester’s investigation of improved processes for reflective and transmissive cultural heritage digitization is unmatched by any other vendor. The services are only available from only one source:

Avian Rochester. Avian Rochester has created specialized color targets that are both reflective (no light passes through them) and transmissive (light passes through them) after measuring thousands of different cultural heritage items to measure their color. Avian Rochester has specialized tools and systems available, and experience with their use, for the analysis of color traceable to the NIST standards. No other vendor provides these services in the marketplace. These color targets are then used in advancing further research related to the FADGI Still Image program and the colors are incorporated into color targets used throughout the Collections Digitization Division in accordance with its mission to digitize the collections of The Library of Congress. These color targets are used in the process of digitizing every single reflective material that is digitized. Given the extremely complex and specialized nature of ongoing work, any change from the current vendor would cost The Library of Congress at least 3 years’ time of lost progress, while a new consultant ramps up and acquires the specialized knowledge, experience and “know how” to work with current materials.

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: The Library of Congress continuously monitors the marketplace to see which vendors are available to perform this kind of specialized expert consulting and will continue to monitor the marketplace to see if other vendors can fulfill future similar requirements.

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.

Digital Imaging Specialist 1/12/24

Name

Title

Signature

Date

Justification and Approval For Other than Full and Open Competition

Plan ID Number: 2024-LGD-0122

Form Updated 4/14/2023

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

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

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