J.1 Attachment - JA - Talking Book Software Fees - Redacted.pdf

Justification and Approval For Other than Full and Open Competition

Plan ID Number:

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, Service Unit

Directorate, Division, & Office

2. Nature of Action Being Approved

Contract (or modification) LoC or Leg Branch Order (or modification) GSA Schedule or GWAC: NASA SEWP Other: Identify

Plan ID Number: 2025-CIO-0113 Contractor (or Brand Name): VoiceAge Estimated Value (Base and all options):

Period of Performance: 01/01/2025 - 12/31/2029

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:

This is a supply contract to provide the Library of Congress, the National Library Service for the Blind (NLS) the Extended Adaptive Muti-Rate Wideband (AMR-WB+) software licenses for the Library’s audio codec for its Digital Talking Book (DTB) and other software applications.

The NLS utilizes the AMR-WB+ software licenses to provide high compression and decompression efficiency to achieve high-quality audio transmissions for the Library’s Digital Taking Books software, smart phone applications and encoding software. The intellectual property used in the codec is covered exclusively by VoiceAge.

The Contractor shall provide a comprehensive package that includes any and all technical and legal components necessary for integration and usage of the Extended Adaptive Muti-Rate Wideband (AMR-WB+) codec licenses. The Contractor user(s) of the codec must obtain the appropriate and active certifications/license to use the particular codec at the Library.

The Contractor shall agree to a formal licensing agreement the Patent License Agreement between Voiceage Corporation.

The Library will submit quarterly Royalty Report Form to the Contractor for the purposes of invoicing. The Extended Adaptive Multi-Rate Wideband (AMR-WB+) software licenses shall be made available from the Contractor at the time of contract award.

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

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’s minimum needs can only be satisfied by the VoiceAge Extended Adaptive Muti-Rate Wideband (AMR- WB+) software licenses brand-name product and services which are essential to the Government’s requirements and market research indicates that the Library is using a patented CODEC from VoiceAge for which the Library must purchase those rights directly from VoiceAge. No other vendors with similar products meet the agency’s needs. The AMR-WB+ licenses are patented by VoiceAge who is the exclusive agent for the patent. AMR-WB+ is an audio codec license that extends the AMR-WB codec supporting the Library’s Digital Talking Books software, smart phone applications and other encoding software.

The justification is that the Extended Adaptive Multi-Rate Wideband (AMR-WB+) codec is deeply integrated with the Library’s existing systems and switching to a different vendor will require significant changes, potentially leading to integration issues, quality and performance issues, potential infringement issues if the new implementation does not have appropriate licenses or rights, data migration issues, security compliance issues and significant costs.

The current VoiceAge AMR-WB+ codec is a key component in NLS wireless applications. The codec is integrated into NLS hardware and software. The codec is consistent, reliable, and compatible with the existing Library systems and the renewal of the AMR-WB+ codec license(s) is the most cost-effective method for the Library to avoid substantial costs and any lapse in coverage.

This is a follow-on contract for the continuation of the major NLS wireless applications, when it is likely that award to any other source would result in substantial duplication of costs to the Government that is not expected to be recovered through competition. Substantial duplication of costs with regards to switching to a new vendor for the AMR-WB+ codec license includes but not limited to, integration challenges, potential service disruptions costs, testing for performance and quality which can be time-consuming and costly, purchasing new licensing, reconfiguring systems, training staff and so on.

The existence of limited rights in data, patent rights, copyrights make the supplies and services available from only one source, VoiceAge. The Library entered into a patent usage agreement with the account manager, VoiceAge, for the three patent holders, VoiceAge, Nokia and Telefonaktiebolaget L M Ericsson. The patented CODEC is a key component of BARD Mobile and BARD Express. VoiceAge is the only supplier of this patent. In agreement with VoiceAge, the Library pays patent royalty fees directly to VoiceAge for each CODEC used.

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 will continue to evaluate the Extended Adaptive Multi-Rate Wideband (AMR-WB+) codec for the Digital Talking Book and other software applications to determine if switching to a new vendor is more strategic/beneficial. The

NLS reviews the requirements annually to reassess the AMR-WB+ codec and monitors the market for available codec’s that meet or exceed similar 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.

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: Public Posting of this J&A serves as a notice to potential sources.

9. Listing of Sources That Expressed Interest in Writing

The following sources expressed interest in this award: N/A

10. Additional Information

The following additional information is relevant to this justification and approval: N/A

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: A fair and reasonable pricing determination shall be made before an award is executed.

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: A best value determination shall be made before an award is executed.

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.

Name

Signature

Date

08/29/2024James R. Robinson