J1 Attachment JA TTS Magazine (4 Pages)_Redacted.pdf

Justification and Approval For Other than Full and Open Competition

Plan ID Number: 2026-NLS-0111

Form Updated 4/14/2023

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, LCSG/NLS/Collections Division/Audio & Braille Production section

2. Nature of Action Being Approved Contract LoC or Leg Branch Order GSA Schedule or GWAC Other

Plan ID Number: 2026-NLS-0111 Contractor (or Brand Name): Zinio LLC Estimated Value (Base and all options):

Period of Performance: 06/01/2026- 05/31/2029

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:

The National Library Services for the Blind and Print Disabled (NLS/BPD) currently produces content in accessible formats for subscribed NLS patrons, with magazines provided in both audio and braille formats. This effort supports a sole-source acquisition of text-to-speech (TTS) magazine technology provided from Zinio. Zinio is one of the largest suppliers of TTS magazines in the market and utilizes high-quality synthetic voice technology.

Although the NLS maintains a robust human-narrated magazine program, the addition of TTS magazines would supplement human narration and significantly expand the range of content available to patrons. Zinio is currently the only provider that offers accessible TTS magazines files that can be digitally transferred to the NLS and added to the Braille & Audio Reading Download application (BARD) system. In contrast, other TTS providers restrict access to content through proprietary, paid applications. This approach allows the NLS to integrate TTS magazines into its own platform, enabling subscribed patrons to access the content.

Integrating text-to-speech (TTS) magazines into the NLS’s BARD system is unique because it requires capabilities and permissions that go well beyond standard TTS delivery models. Most commercial TTS services do not provide unlocked or transferable TTS files that allow the NLS to store, modify, convert, or redistribute content. In order to get content on its BARD platform, NLS must have full file access. Without this access, NLS cannot put new titles from third parties on BARD.

Awarding to any other source would result in substantial duplication of costs to the Library that is not expected to be recovered through competition. Awarding standard commercial text-to-speech (TTS) magazine services would increase costs because those services are not designed to support the NLS’s accessible distribution systems, including BARD. The NLS requires unlocked files in order to convert and integrate content into its own platform. Other suppliers currently provide access to TTS magazines only through paid, proprietary applications, such as Apple News, Readly, Magzter and eMags unlimited. As a result of this research, the NLS determined that Zinio is currently the only producer in North America that provides access to an exclusive catalog of unlocked TTS magazines suitable for integration into BARD system. Accordingly, a sole-source award to Zinio is justified and in the Library’s best interest.

Plan ID Number: 2026-NLS-0111

Form Updated 12/10/2025

Part 2 – Program Office Justification & Approval

4. Authority for Contracting Without Competition Over $350,000

For this requirement over $350,000, 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:

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:

Other basis authorized in 41 U.S.C. § 6101(b) or FAR part 6.302:

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 $350,000 For this requirement up to $350,000, 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:

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:

The Library's rationale for contracting without providing for full and open competition is that only one responsible source, Zinio, LLC, and no other supplies or services will satisfy agency requirements, therefore full and open competition need not be provided for.

Based on Market research, the NLS was unable to identify any producers other than Zinio that offer unlocked text-to-speech (TTS) magazine files capable of being converted into accessible formats for the inclusion in the NLS’ Braille Audio Reading Download (BARD) system. The NLS requires unlocked files in order to convert and integrate content into its own platform. Other suppliers currently provide access to TTS magazines only through paid, proprietary applications, such as Apple News, Readly, Magzter and eMags unlimited. As a result of this research, the NLS determined that Zinio is currently the only producer in North America that provides access to an exclusive catalog of unlocked TTS magazines suitable for integration into BARD system.

Pursuant to FAR 6.302-1, unique supplies and services are available from only one responsible source in North America, Zinio.

Integrating text-to-speech (TTS) magazines into the NLS’s BARD system is unique because it requires capabilities and permissions that go well beyond standard TTS delivery models. Most commercial TTS services do not provide unlocked or transferable TTS files that allow the NLS to store, modify, convert, or redistribute content. The Library requires TTS magazines to integrate seamlessly with the NLS’s existing BARD system and provide a secure environment to its patrons. Market research indicates that only Zinio provides unlocked TTS magazine files, permits integration into the NLS’s platform and supports required accessibility standards. Accordingly, integrating TTS magazines into the BARD system is unique and cannot be supported by commercial TTS magazine services

Awarding to any other source would result in substantial duplication of costs to the Library that is not expected to be recovered through competition. Awarding standard commercial text-to-speech (TTS) magazine services would increase costs because those services are not designed to support the NLS’s accessible distribution systems, including BARD. Commercial TTS vendors charge for user subscriptions to proprietary applications rather than providing unlocked, transferable content files. As a result, the NLS would pay for access to content that cannot be integrated in the BARD system. Because commercial TTS services do not provide compliant, transferable files, the NLS would incur significant additional costs for custom development, workarounds, and reprocessing to achieve compliance-effectively paying twice for the same product. Furthermore, commercial platforms are not designed to integrate with the BARD system and adapting them would require additional engineering and testing costs. Subscription-based services also provide no long-term value; once payments cease, access to content ends, leaving the Library with no enduring assets.

Accordingly, awarding to any source other than Zino would increase costs to the Library. A sole-source award to Zino is therefore justified and determined to be in the Library’s best interest.

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 analyze the market for sources that can supply accessible text-to-speech (TTS) magazine content as unlocked digital files suitable for integration into the NLS BARD application system. Current commercial suppliers generally require users to subscribe to proprietary applications to access TTS magazines; however, the NLS requires unlocked files that can be incorporated into its own platform for patron access.

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.

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:

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: N/A

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 issued before an award is made.

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: Best value shall be determined before an award is made.

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 $900,000, I approve contracting without competition for this requirement.

James Robinson James R. Robinson 02/23/2026

Contracting Officer Name

Signature

Date