JA_Jefferson Design Graphic Services_Redacted for Posting.pdf

Justification and Approval For Other than Full and Open Competition

Requisition Number: ISS20220126

Form Updated 10/26/2021

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 Integrated Support Services Directorate Space Utilization Planning and Design Office

2. Nature of Action Being Approved

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

Other:

Requisition Number: RQ ISS20220126 Contractor (or Brand Name): Beyer Blinder Belle Architects and Planners Estimated Value (Base and all options):

Period of Performance Base: 08/22/2022 – 10/21/2022 Option 1: 09/23/2022 – 07/21/2023 Option 2 09/23/2022 – 07/21/2023

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 the completion of the Design and Graphic Services Phase of the Library’s efforts to refurbish and re-envision various spaces in the Thomas Jefferson Building as part of Librarian of Congress Dr.

Carla Hayden’s Visitor Experience Master Plan.

These services shall include the partial revision of Beyer Blinder Belle Architects and Planners’ (BBB) existing 3-D model of preservation zone spaces within the Jefferson building and the subsequent production of six (6) renderings of the revised spaces.

Revisions of some identified preservation zone spaces will be completed in-house by the Library of Congress designers and sent to the contractor for incorporation into the model for the production of graphic renderings. The remaining spaces or elements not completed in-house will be redesigned directly by the contractor and added to the model for the production of renderings. The revisions shall be based upon the Architect of the Capitol (AOC) Architect Review Board’s (ARB) response to the BBB executive level summary, which was presented in Spring 2022 on conclusion of the original award covering the breadth and scope of the Design and Graphic Services Phase.

This award will not be for the conceptual or aesthetic redesign of all the spaces in the original scope nor will it be for the development of an entirely new 3-D model from which renderings shall be produced. The AOC ARB has provided feedback and conditional approval on partial elements of the design plan pending additional revisions, which are based solely on the work produced by BBB which includes all working documents under the original requirement, a complete concept, original renderings, and a digital flyover.

This award shall only be a revision of previous contract deliverables to accommodate for executive level changes that are required in order to bring the next steps of the Jefferson re-envisioning to fruition.

Form Updated 7/2/2020

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.

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 $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)

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:

Under the Fiscal Year 2021 (FY21) contract, Beyer Blinder Belle (BBB) provided a multi-level redesign of several spaces in the Thomas Jefferson Building as a result of in-depth, ongoing review and analysis of the building’s existing condition and the Library’s overall intent for visitor experience and accessibility. As such, BBB engaged extensively with Library leadership, including the Deputy Librarian, Architect of the Capitol (AOC) personnel, and the AOC Architect Review Board (ARB), a panel of independent counsel and experts who adjudicate and approve various Capitol grounds efforts.

BBB brought into the project a variety of subject matter experts in the fields of audiovisual, acoustic, and historic preservation who engaged regularly with the above bodies and personnel as well as the Library staff in the Integrated Support Services Directorate.

Throughout the process, BBB interviewed visitors to the Library, performers and artists who utilize the spaces in consideration, and potential donors, while also hosting visioning sessions with Library staff in the following divisions: Center for Exhibits & Interpretation, Center for Learning, Literacy, & Engagement, Special Events, Development, Special Collections, Library Collections and Services, and Visitor Engagement. In an effort to eliminate undue administrative burdens or the ineffective transmission of deeply nuanced and researched information, it is necessary to sole source this requirement directly from BBB.

The revisions needed require complete knowledge of the project to this point and a level of expertise that can only be granted by a familiarity to all versions of the project and the intricacies of stakeholder feedback. This is because the concept creation and rendering production process was deeply discursive and the existing vendor retains and can deftly interpret the user comments and user-added content in the interactive concept boards of the original contract. The user comments and content were added to the concept boards through guided discussions led by BBB that involved polling and quizzes, liking/disliking images, dialogue sessions, and real-time editing and development. This first-hand experience of concept development and design, and BBB’s retention of their original 3-D design model, leave them poised as the only vendor capable of interpreting ARB feedback to the original contract deliverables. Thus, they are the only vendor capable of successfully fulfilling work under this requirement.

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 Design and Graphic Services Phase of the Jefferson Building refurbishment and re-envisioning was fully and openly competed on SAM.gov in Fiscal Year 2021 (FY21). It is determined that this requirement is a follow-on to the FY21 award and only the original contractor will be able to successfully complete the requirement as described in the Statement of Work. Thus, the Library has determined it necessary to sole source the work required.

The remaining phases of the refurbishment and re-envisioning under the Visitor Experience Master Plan encompass services readily available in the commercial marketplace. Such requirements will be publicized for full and open competition as they are needed.

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.

Name

Title Signature

Date

BPART 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: Not applicable as stated above in #5 and #6.

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: Fair and reasonable pricing shall be determined 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: Beyer Blinder Belle is the only vendor that can successfully fulfill the Library’s needs at this time and their pricing was determined to be fair and reasonable in previous contracts for this work. Their current prices will be evaluated to ensure they remain fair and reasonable before award is made to determine that the Library is receiving the best value.

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 $700,000, I approve contracting without competition for this requirement.

Name

Signature

Date

Mchael Schuman Michael Schuman

Digitally signed by Michael Schuman Date: 2022.07.18 08:43:47 -04'00'

7/18/22