J_and_A_Redacted.pdf

Justification and Approval For Other than Full and Open Competition

Requisition Number:

Form Updated 10/26/2021

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, Trust Fund Board (and managed by Financial Services Directorate)

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

Requisition Number:

Contractor (or Brand Name): Prime Buchholz Estimated Value (Base and all options):

Period of Performance: base of 1/1/26-12/31/26; option 1/1/27-12/31/27

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 Trust Fund Board (TFB) is authorized by 2 U.S.C. §§ 154-163 to accept donations, bequests, or devises (cash, securities, real property, etc.) for programs, projects, and activities in support of the Library's mission. Once accepted and approved, a separate and unique fund account is established in the Library's central financial management system to maintain accountability for all transactions, and a Library of Congress Fund Manager is appointed to administer the fund's program activities. The fund is administered in accordance with the Board's direction and any specific donor stipulations. The TFB’s Investment Committee provides recommendations to the TFB regarding overall investment policy and selects various growth and income investments on behalf of the TFB.

The Library requires a financial advisory consultant to provide investment advisory services to the TFB. The contractor will provide the following:

A. Analysis, on a continuous basis, of the investment portfolio of the Library’s trust funds;

B. Periodic analysis on the investment policy of the TFB and execution of changes based on prevailing best practices and UPMIFA;

C. Investment consultation and recommendations to implement investment strategies in order to maximize the solvency and growth of the Library's gift and trust funds. Such consultation and recommendations includes asset allocation review for adherence to the TFB’s Investment Policy Statement targets, and potential allocation improvements as well as investment manager review and recommendations;

D. Manager implementation services, including assistance and support in account setup with fund managers as necessary;

E. Quarterly reports measuring the performance of the Library investment portfolio in total, as well as each manager, against applicable benchmarks.

Contractor shall provide the reports electronically and provide l5 hard copies for distribution;

F. Annual reports of the trailing ten-year historical performance of the investment portfolio, presented on both a calendar and fiscal basis; and G. Ongoing support and direction for Library staff for rebalancing investment holdings, producing analytical documents for the Investment Committee facilitating work with fund managers and the Library's custodial bank, and advice and support generally provided to public endowment funds. The Library contracts separately for custodial bank services; Contractor shall facilitate processes, and provide guidance for coordinating the termination, establishment and transfer of new investments with the Library's custodial bank.

Requisition Number:

Form Updated 10/26/2021

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: 2 U.S.C. 154; 16 Comp. Gen. 650 (1937). The Library of Congress’ Trust Fund Board is not bound by federal procurement laws and has resolved to award this contract to Prime Buchholz LLC through resolution 2025- 04 and a vote at the annual meeting on 12/10.

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)(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)

Requisition Number:

Form Updated 10/26/2021

5. Rationale for Contracting Without Competition

We are authorized to limit competition on the basis of the citation in section 4 because: 2 U.S.C. §§ 154-159 and Comptroller General decisions authorize the Library of Congress Trust Fund Board to expend funds and income from trust funds without regards to federal procurement regulations. The TFB Resolution 2025-04 and a vote at the annual meeting on 12/10 directed the Librarian to award an extension to Prime Buchholz LCC for the provision of investment advisory services under the same terms as the prior contract.

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: monitor the performance of the contractor and continue to advise the TFB of benefits that may be obtained through future competition. However, pursuant to 2 U.S.C. §§ 154-159 and Comptroller General decisions, the TFB can expend funds and income from trust funds without regards to federal procurement regulations.

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.

Name

Title

Requisition Number:

Form Updated 10/26/2021

0BPART 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: 2 U.S.C. §§154-159 and Comptroller General decisions authorize the TFB to expend funds and income from trust funds without regarding to federal procurement regulations.

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: 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: advice of the TFB Investment Committee members familiar with Prices obtained through competitive proposals the financial industry and with current experience on non-profit boards.

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 I certify that, to the best of my knowledge and belief, this justification is accurate and complete. For those actions up to $700,000, I approve contracting without competition for this requirement.

Name

Signature

Date

Requisition Number:

Form Updated 10/26/2021

Part 4 – Competition Advocate Approval (Required for actions valued at greater than $700,000)

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:

Name Title Signature Date

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

Date