Justification and Approval For Other than Full and Open Competition

Plan ID Number: 2027-NLS-0001

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 Library Collections and Services Group National Library Service for the Blind and Print Disabled

2. Nature of Action Being Approved Contract (or modification) LoC or Leg Branch Order (or modification) GSA Schedule or GWAC:

Other:

Plan ID Number: 2027-NLS-0001 Contractor (or Brand Name): HumanWare USA Inc.

Estimated Value (Base and all options):

Period of Performance:

03/01/2027 to 02/29/2028 03/01/2028 to 02/28/2029 03/01/2029 to 02/28/2030 03/01/2030 to 02/28/2031 03/01/2031 to 02/29/2032 03/01/2032 to 02/28/2033 03/01/2033 to 02/28/2034

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 (Library) requires contract support for its existing stock of Digital Talking Book Machine (DTBM) devices, known as the DA2 (DTBM model Digital Advanced version 2). DA2 units were originally procured under contract #LCNLS20D0054, which comprised the following proprietary services and supplies: units, spare parts, software enhancements sprints, system maintenance, and non-warranty unit repairs. These devices are distributed by the Library’s National Library Service for the Blind and Print Disabled (NLS) to thousands of eligible residents living in the U.S. and U.S. citizens living abroad so they may access books and magazines in audio formats.

To support the existing HumanWare-manufactured DA2 Digital Talking Book Machine (DTBM) devices, the Library requires the following supplies or services:

Device Servicing, Repair, and Support Spare Parts Software development sprints

The scope of required services and products includes, but is not limited to:

Provide hardware/physical product servicing, maintenance, repair and comprehensive technical support for existing HumanWare DA2 devices

Plan ID Number: 2027-NLS-0001

Form Updated 12/10/2025

Provide full product support to include but not limited to:

o Non-warranty Repair and Maintenance o Spare Parts o Warranty Repair o System documentation o User guides, training, and repair materials o Compliance with applicable laws

Sprints for software enhancements and maintenance for HumanWare Braille eReader model EBH and HumanWare DA-2 Digital Talking Book Machine (DTBM).

Plan ID Number: 2027-NLS-0001

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: 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 $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: 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

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

Plan ID Number: 2027-NLS-0001

Form Updated 12/10/2025

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 HumanWare DA2 device is a proprietary commercial-off-the-shelf (COTS) product of HumanWare USA Inc. Only HumanWare can provide the required services for the existing NLS inventory of HumanWare DA2 devices as they are the manufacturer of both HumanWare DA2 hardware and software and do not currently authorize resellers or third-party providers. This Justification and Approval (J&A) comprises only DA2 spare parts and non-warranty repair, not the procurement of new units, as the Library’s current DA2 DTBM units are proprietary products of the HumanWare. It is in the best interest of the Library and NLS patrons to support the existing product for the duration of its lifecycle. as this program is an essential part of the Library’s NLS. Without the specified services in this J&A to support the existing investment in approximately 50,000 units, NLS would be unable to fulfill a key aspect of its core mission, ensuring that all may read. Specifically, NLS will be unable to acquire spare parts, maintenance and repair services for DA2 devices that have been issued to NLS patrons and stocked in approximately 90 network libraries and organizations across the country. In addition to it not being possible, it would be extremely risky, inefficient, and expensive to find a different contractor to support this proprietary COTS product.

The Library is unaware of existing resellers of DA2 Spare Parts and Non-Warranty Repair services on the open market. Additionally, non-warranty repair services might invalidate warranty repairs or software enhancements and maintenance on units that are still covered.

Considering this information, the Library determined that HumanWare USA Inc is the only contractor that can satisfy the agency’s need for DA2 DTBM existing unit support.

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:

This requirement is part of a larger procurement for which there are two Performance Areas: Performance Area 1 DA2 production units and support and Performance Area 2 for proprietary support for existing HumanWare DA2 devices already in the Library stock.

The supplies and services required for Performance Area 1 will be procured through a full and open competition, allowing a new vendor(s) to enter the Library’s DTBM program and, subsequently, provide ongoing support to their own devices. By openly competing for new production units, the Library is attempting to diversify its DA2 stock to the greatest extent possible, ensuring opportunity in the field and the procurement of the best possible devices for NLS patrons. At this time, Performance Area 2 for the proprietary design, hardware, and software of these devices can only be provided and serviced through the manufacturer, HumanWare USA Inc. However, as these devices become more widely produced and available, manufacturer authorized third-party vendors may emerge for these support services. The Library will continue to monitor the field and seek innovative methods of procuring these services to encourage competition for the parts of the DTBM program that do not require sole or brand name support and services.

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.

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