JA - 2025-CIO-0130_Redacted.pdf

Justification and Approval For Other than Full and Open Competition

Plan ID Number: 2025-CIO-0130

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, Office of the Chief Information Officer (OCIO)

2. Nature of Action Being Approved

Contract (or modification) LoC or Leg Branch Order (or modification) GSA Schedule or GWAC:

Other: Identify

Plan ID Number: 2025-CIO-0130 Contractor (or Brand Name): Comcast Government Services LLC Estimated Value (Base and all options):

Period of Performance: 06/17/2025-06/16/2030

3. Description of Supplies or Services Required to Meet Library Needs

The Library requires the following supplies or services:

The Contractor shall provide service, equipment, repairs and maintenance for the existing three broadband/Internet circuits installed on wire line coax at the following locations:

1. Little Scholars Childcare Facility - 601 East Capitol Street SE, Washington DC 20003

1.1 Circuit 1 - 1.25 Gigabits per second (G) - 8299700071266058:

Business Internet Gigabit Extra (download speeds up to 1.25G) Static IP Wi-fi Pro Expanded Coverage 2 Access Points

1.2 Circuit 2 – Upgrade from 250 Megabits per Second (Mbps) to 1.25G service – 8299700071405243:

1.25G Business Internet Performance (download speeds up to 1.25G) Static-IP Wi-Fi Pro Expanded Coverage 2 Access Points

2. Fort Meade Facility – 100 Meigs Road, Fort Meade, MD 20755 (8299400010147119) Upgrade from 250Mbps to 1.25G service 1.25Gbps Business Internet Performance (download speeds up to 1.25Gbps) Static IP

3. Requirement for Maintenance Service and associated Service Repairs Circuit Repairs On Site Technician Deployment Maintenance for supported Locations

Justification and Approval

Plan ID Number: 2025-CIO-0130

Form Updated 4/14/2023

Part 2 – Program Office Justification & Approval

4. Authority for Contracting Without Competition 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)

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:

In 2022, the Library awarded a contract for broadband services at the Fort Meade facility (Fort Meade), the Little Scholars Childcare facility (Little Scholars) and the Manassas Data Center, but the contractor failed to deliver the circuits noting that the conduit pathways at Fort Meade and Little Scholars were compromised, and new circuits could not be installed. In addition, Telecom carriers and the Architect of the Capital (AOC) completed surveys and determined that the paths to the buildings were obstructed. The AOC has also reported that the efforts to repair the conduits are projects that are going to require funding and resources which have not been identified yet. No new cabling can be installed at Fort Meade or Little Scholars until the AOC has completed the repairs to the conduits.

The current broadband services were previously installed at the Fort Meade and Little Scholars facilities, and do not require any additional physical cable installation. The purpose of this requirement is to continue the broadband services and increase some of the broadband speeds. The increased broadband speeds will not require any physical cable installation. A new contractor would require physical cable installation which cannot be completed due to the obstructed paths and repairs needed to the conduits. If the broadband services are not renewed with the current contractor, the Library will not have broadband services at the Fort Meade and Little Scholars facilities. The lack of broadband services would be highly disruptive and potentially create security, technical and operational risks at the two locations due to their inability to access the internet and connect to the other Library locations. As these services serve a critical role at the Library, such risks would be unacceptable to the Library, its patrons, and staff.

6. Actions to Overcome Barriers to Competition Before Subsequent Contract Is Required

To increase competition, we will:

OCIO will review the market as a standard documented process to search and research technical avenues to determine if any other services might best cost-effectively meet the Library’s complete need in this area. To maximize the competition, other sources are continually under our evaluation and may be considered for potential use on future service infrastructure acquisitions to fulfill this requirement, when AOC changes or updates this infrastructure. Once AOC completes the repairs to the conduits, the Library may resolicit to upgrade the services, however the Library will make the determination once the conduit has been repaired.