JA Class Agile IDIQ 4 redacted final.pdf

Justification and Approval For Other than Full and Open Competition

Plan ID Number: 2025-CIO-0000

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, Library of Congress, Office of the Chief Information Officer (ITFM/CAC)

2. Nature of Action Being Approved

Contract (or modification) LoC or Leg Branch Order (or modification) GSA Schedule or GWAC: Identify Schedule/Contract Other: Modification to existing Multiple Award IDIQ:

LCLOC20D0007/12/13/14/15/16/17

Plan ID Number: 2025-CIO-0000 Contract: Agile Development & System Integration IDIQ Estimated Value (Base and contingencies): $33,137,225.58 Shared Ceiling Increase Amount Effective Period: 10/1/2024 – 1/31/2025 (base), 2/1/2025 – 4/30/2025 (option 1) 5/1/2025 – 7/31/2025 (option 2)

The Library currently has seven IDIQ contracts for agile development and system integration. The ceiling amount has been reached on all of the IDIQ contracts. Therefore, the Library is creating a class Justification and Approval to increase the shared ceiling amount.

The shared ceiling amount for all the IDIQ contracts will be increased by $33,137,225.58. This class Justification and Approval shall increase the shared ceiling amount on the following Agile Development & System Integration IDIQ contracts:

1) Artemis Consulting, Inc. LCLOC20D0007 2669 Oakton Glen Dr. Suite 100 Vienna, VA 22181

2) Accenture Federal Services, LLC LCLOC20D0012 800 North Glebe Rd #300 Arlington, VA 22203

3) Ad Hoc, LLC LCLOC20D0013 1350 I Street NW Suite 550 Washington, DC 20005

4) ClearAvenue, LLC LCLOC20D0014 6711 Columbia Gateway Dr. Suite 550 Columbia, MD, 21046

5) Deloitte Consulting, LLP LCLOC20D0015 1919 N Lynn St.

Arlington, VA 22209

6) Slalom, LLC LCLOC20D0016 821 2nd Ave Suite 1900 Seattle, WA 98104

7) NIC Federal, LLC LCLOC20D0017 4601 Fairfax Dr. Suite 1010 Arlington, VA 22203

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) has an ongoing need for a full range of services required to support the planning, design, development, integration, and maintenance of Library IT systems and software applications. The scope of required services and products includes Agile Software Development; Commercial off-the-shelf (COTS) Products, Platform as a Service (PaaS)/Software as a Service (SaaS); Systems Integration, DevOps and Continuous Delivery; User Experience and Interface Design Services; Business Analysis and Requirements Support Services; Quality Control/Quality Assurance and Testing Services and Program/Project/Product Management. These services are vital to the Library in executing several IT modernization and implementation projects.

A new replacement multiple award Fiscal Year 2024 (FY24) Agile IDIQ contract for these services was awarded in October 2023 to eight (8) awardees. The ordering periods for these contracts are 10/18/2023 through 10/17/2028. The maximum aggregate amount of all task orders that can be issued under the new multiple award FY24 Agile IDIQ contracts is $450,000,000.00. These new awards were protested to the Government Accountability Office (GAO) by two, separate interested parties (one party filed on October 24, 2023, and the other on filed October 30, 2023). GAO sustained both protests on January 30, 2024. The Library is currently undertaking corrective action pursuant to GAO’s guidance. However, the corrective action process has taken significantly more time than originally anticipated due to the Library’s decision to reevaluate the technical, past performance and price proposals for each of the 14 offerors in the competitive range. The resulting multiple award FY25 Agile IDIQ is expected to be awarded in the first quarter of FY25. The two option periods noted in the period of performance section, Part 1, are meant to facilitate extending the base period timeframe in the event protests are received on the FY25 Agile IDIQ awards. These option periods will be in 3-month increments, with the first option starting on February 1, 2025.

The Library’s current FY2025 program requirements for agile development services has an estimated total Potential Contract Value of $27,614,354.65 (this amount includes the base and all option periods) through July 2025. The Library is also adding a 20% contingency amount of $5,522,870.93 to the Potential Contract Value. The 20% contingency amount is required to support actions that may exceed planned estimates, due to discussions with offerors (if required), in-scope changes in the requirements, changes in acquisition strategy, or missed or new procurements where it is determined that using the existing FY20 Agile IDIQ is in the best interest of economy and efficiency for the Library. Thus, the total Potential Contract Value is $33,137,225.58.

This action will increase the total shared ceiling amount of the existing FY20 Agile IDIQ contracts by $33,137,225.58, as detailed below:

Current shared ceiling amount of the existing FY20 Agile IDIQ contracts: $133,641,105.17 Amount of proposed Agile IDIQ contracts shared ceiling increase: $33,137,225.58 New shared ceiling if this proposed action is approved: $166,778,330.75

The ceiling increase will allow the Library to issue task orders, logical follow-on orders and execute modifications for continued development of critical Library systems related to the work performed under the existing FY20 Agile IDIQ contracts, to be issued against the increased ceiling amount of $166,778,330.75. All new initiatives will be competed under the new replacement FY25 Agile IDIQ contracts if no protests are received.

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.

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.

5. Rationale for Contracting Without Competition

We are authorized to limit competition on the basis of the citation in section 4 because:

The new multiple award Agile software development IDIQ contract cannot be issued until corrective action has been completed.

Therefore, time is of the essence for the Library’s current agile software development, as delays will result in harm to the Library and the Library’s mission. The Library is awarding sole source awards to the Library’s seven current agile vendors to cover requirements needed until new multiple award contracts can be issued.

Without the ceiling increase, the Library will not be able to ensure the continued development of critical Library systems via its existing IT related task orders until GAO’s recommended corrective action is taken and new multiple award contracts are issued.

Without the ability to award task orders and modifications for extension of services under the existing Agile IDIQ contracts, a delay will occur in approximately four (4) ongoing IT modernization and implementation projects. The effects of this delay will impact project roadmaps and schedules, pushing critical software system deployment tasks into FY2026. This will cause increased costs due to the need to stop and re-start project development and the Library could potentially lapse funding on these programs appropriated for obligation in FY2025, for which future appropriations may not be available to replace.

Specifically, several IT modernization and implementation projects will be impacted if the existing multiple Agile IDIQ contract ceiling is not raised. Specific development initiatives in-progress include:

Part 4 – Competition Advocate Approval (Required for actions valued at greater than $750,000)

Approved. Based on the information, determinations, and certifications provided by the program office and the contracting officer, and in accordance with the instructions below, I approve contracting without competition for this requirement.

Option periods: No Yes, 2 through July 31, 2025

Not Approved. As explained below, I do not approve contracting without competition for this requirement.

Comments or instructions:

________________________ Assist/Assoc General Counsel Name Title

Signature

Date

Part 5 – Senior Procurement Executive (Required for actions valued at greater than $12,500,000)

17. Head of the Procurement Activity Approval

Approved. Based on the information, determinations, and certifications provided by the program office and the contracting officer, and in accordance with the instructions below, I approve contracting without competition for this requirement.

Not Approved. As explained below, I do not approve contracting without competition for this requirement.

Comments or instructions:

Name

Director, Contracts and Grants

Ronald W. Backes