JA_LCLGD22P0054_Redacted.pdf

Justification and Approval For Other than Full and Open Competition

Plan ID Number:

Form Updated 12/28/2022

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, Acquisitions & Bibliographic Access, Directorate, Germanic & Slavic Division

2. Nature of Action Being Approved

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

Plan ID Number: LGD23PL0019 Contractor (or Brand Name): Jakub Dolinski Estimated Value (Base and all options):

Period of Performance: 08/05/2022 – 02/04/2024 (including the 6 month extension)

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 Acquisitions & Bibliographic Access Directorate is requesting contractor support to process a backlog of collections acquisitions in Germanic and Slavic languages. This work shall encompass a variety of day-to-day tasks including:

• Item accessioning, sorting and shelving.

• Updating vendor records.

These services shall primarily focus on the creation of bibliographic records and accessioning of items for the Library’s Collections as these two task areas have the greatest need as this time. This contract modification shall not be for new services but for increasing service quantities and extending the period of performance under active contract LCLGD22P0054 per FAR Part 52.217-6, Option for Increase Quantity and to include and potentially exercise FAR Part 52.217-8 Option to Extend Services.

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:

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 $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:

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:

The Library of Congress works with a number of capable acquisitions processing vendors who provide digital and physical processing or related services for the Law Library and for various individual Divisions in the Acquisitions and Bibliographic Access Directorate (ABA). The Library’s active processing contracts are in their last year and new competitions are currently underway to replace them this fiscal year.

However, the need to continue processing acquisitions without a service gap is significant as newly acquired materials arrive regularly throughout the year. Without these services, Library Divisions are at risk of exceeding storage space, missing deadlines to inspect and approve received vendor records with arriving shipments, requesting remediation on possible errors with shipments and failing to meet the needs of researchers, Congress and the American people as purported in the Library’s mission. For this reason, the Library seeks to increase the ceiling and extend the period of performance (using the extension of services clause) on processing services contract LCLGD22P0054, originally issued directly to Contractor Jakub Dolinski as an action below $25,000.00 per LC06.302- 7000 (directed award). With a ceiling for services increased to $250,000.00 and the period of performance extended by six months, current services may continue while future services are researched, sought and put in place. This notices accomplishes the posting of a contract now at a greater value that $25,000.00, and this seeks to ensure competition and posting requirements are sought.

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:

An active full and open competition for a new five-year IDIQ for ABA collections acquisitions processing services is currently underway and was publicly posted on SAM with a closing date of February 6, 2023. This competition is meant to secure these services for six Divisions of the ABA. A successful competition (if possible and accomplished) will result in a single-award IDIQ with a start date later in Fiscal Year 23. As indicated above, a service gap for acquisitions processing would be a detriment to the Library’s mission and programming and could have unanticipated impacts on the performance of the future contract. This contract modification shall maintain services while a full and open competition for future services is underway and allow an overlap of services for effective phasing in/phasing out of the incumbent and new Contractors.

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.

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: As indicated above, a full and open competition for procurement of these services was recently posted on SAM.gov and a single-award IDIQ is anticipated to be awarded this fiscal year.

Thorough market research was conducted for the planning of that acquisition and capable vendors were engaged at annual conferences and throughout the regular course of research. No efforts were made to interest vendors for this action as it is intended to eliminate the gap in services while this competition is underway by increasing the capacity of an active Library contract.

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 was determined on evaluation and award of the original contract and the firm-fixed unit prices established in that contract shall apply to this increase.

12. Contracting Officer Determination of Responsibility Checked System for Award Management

13. Contracting Officer Determination of Best Value I have determined that this action represents the best value to the Government because: Jakub Dolinski is the only vendor that can successfully fulfill the Library’s needs at this time, with a contract already in place to perform the services required, and their pricing was determined to be fair and reasonable at the time of award for the contract to complete this work.

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.