JA_26-LGR-0172_Lipsner Cleaner Conversion_Redacted.pdf

Justification and Approval For Other than Full and Open Competition

Plan ID Number: 2026-LGR-0172

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), Researcher and Collections Services National Audiovisual Conservation Center (NAVCC), Film Preservation Laboratory (Film Lab)

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

Plan ID Number: 2026-LGR-0172 Contractor (or Brand Name): Media Migration Technology Estimated Value (Base and all options):

Period of Performance: 05/01/2026 – 04/30/2027

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’s NAVCC Film Lab is responsible for the conservation, restoration, and protection of the nation’s film collections. The Film Lab houses a significant amount of equipment for mission-focused preservation work, including a number of machines and devices that are archaic, obsolete, and highly-specialized for dealing with a variety of source materials and needs. One such device is the Lipsner Smith CF8200 film cleaner, of which the Library owns two (2), which use ultrasonic technology and solvents to remove debris from film surfaces without damaging them. One solvent currently used by the cleaners is Perchloroethylene, commonly referred to as perc. The Environmental Protection Agency issued a new restriction on the use of perc in late 2024 but is in the processing of amending said rule with plans to finalize the amendment for a final ruling in 2027. Please see this public statement from the EPA:

https://www.epa.gov/chemicals-under-tsca/update-tsca-risk-management-rule-perchloroethylene

The Library identified an acceptable, industry-standard alternative cleaning agent in Hydrofluroether or HFE. The Lipsner Smith cleaners can use this solvent if certain components are modified so that the composition of the CF8200 replicates the composition of the Lipsner Smith model CF9200HFE as shown here: https://img1.wsimg.com/blobby/go/1a2fd565-228d-42b1-af3b- 19cd6ffa38a6/downloads/CF9200%20HFE%20brochure%20MMT.pdf?ver=1770626302675

This solvent is available commercially from several manufacturers but the work of retrofitting the Lipsner cleaners is highly specialized.

Plan ID Number: 2026-LGR-0172

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

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:

Motion picture film cleaning plays an important role in the preservation workflow of the Library but companies that manufacture and service motion picture film lab equipment have become increasingly scarce as technology changes. With the EPA restrictions on the chemical Perc, a solvent that has been used effectively within the industry for decades, a shift to a new cleaning solvent is necessary to continue film preservation at the Library. Many institutions and film labs have made this shift already, proving that existing equipment can be converted or modified.

Lipsner Smith cleaners are the industry-standard for cleaning equipment and used by the motion picture industry globally more than any other manufacturer or type of equipment. The original manufacturer of Lipsner Smith cleaners, RTI Film Group, is no longer in business and succeeded by Media Migration Technology (MMT), a company founded by a former principle of RTI. MMT continues to exclusively manufacturer and sell new cleaners around the work and have updated their cleaners to utilize HFE solvents in accordance with the EPA policy and a trend towards non-chlorinated solvents. MMT is also the only company manufacturing submersion archival film cleaners using HFE solvents and has extensive experience converting and modifying Lipsner Smith machines from Perc to HFE. Further, MMT holds the proprietary designs to the Lipsner Smith film cleaners and is therefore the only company with the knowledge and capability to modify an existing cleaner Lipsner Smith cleaner to comply with new standards utilizing components of the new Lipsner Smith HFE cleaners.

We are therefore authorized to limit competition because MMT has ownership over the designs of the cleaners and is the only contractor with the knowledge, experience, and capability to successfully convert the Library’s existing Lipsner Smith cleaners.

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 Program performed internet, GSA, and industry institution research to confirm whether individuals or companies besides MMT could convert the existing equipment. Because the equipment and designs are proprietary, only MMT can perform this requirement. The Library will continue researching film preservation equipment in the event future replacements are required but no further actions can be taken at this time to increase competition.

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: Posting this J&A serves as soliciting interest as any business can reply to the J&A and protest the sole source decision. We are posting this

9. Listing of Sources That Expressed Interest in Writing

The following sources expressed interest in this award: Not applicable.

10. Additional Information

The following additional information is relevant to this justification and approval: Not applicable.

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 fully detailed quote was received from the one, proprietary manufacturer of Lipsner Smith cleaners and components/parts of these cleaners. The quote will be evaluated for fairness and reasonableness per FAR 13.106-3.

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: The Library requires Media Migration Technology’s proprietary design and parts to update it’s Lipsner Smith cleaners to be compliant with EPA standards and available for continued use in the Library’s film preservation efforts. Based on prices obtained through market research and information about the availability of similar cleaners or conversions, the CO determined an award to MMT represents the best value to the Library.

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 R. Robinson James R. Robinson 02/25/2026

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