JA - NAVCC Pres Implementation Plan - Redacted for Public Release.pdf

Justification and Approval For Other than Full and Open Competition

Requisition Number: RQ-LGD20220034

Form ## (2015 02) Form Updated 5/9/2016

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 2110, 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 National Audiovisual Conservation Center Researcher and Collections Services

2. Nature of Action Being Approved

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

Requisition Number: RQ LGR20220072 Contractor: Council on Library and Information Resources (CLIR) Estimated Value (Base and all options):

Period of Performance: 08/01/2022 – 07/31/2023

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 and expertise for its ongoing implementation of the 100+ action items found in the National Moving Image and Recorded Sound Plans. These activities are Congressionally-mandated by public law: USC Title 2, Chapter 5, Sections 179l-v and USC, Title 2, Chapter 27 (Public Law 114-217).

Under this requirement, the Library will utilize Contractor support to execute the following tasks:

Production of National Recording Registry Radio Programs ARSC Webinar Series Discography of American Historical Recordings (DAHR) website access enhancements Cylinder Identification Videos Library of Congress Resource Guide: “The Transformation of Cinema: Guide to pre-1916 Single-Reel Motion

Pictures at the National Audio-Visual Conservation Center of the Library of Congress Local Television News Summit Restoration of the National Film Registry title “Requiem-29;”

Cultural Competency Training for AV Archivists Development Coordinator onboarding

Form Updated 5/9/2018

Part 2 – Program Office Justification & Approval

4. Authority for Contracting Without Competition

Open Market Items and Services 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’s Technical Reference Model (TRM) as part of the “As-is” Lifecycle, Page #: (Attach applicable page from TRM)

Open Market Items and Services Up to $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 on the Library’s Technical Reference Model as part of the “As-is” Lifecycle, Page #125 from TRM version 4.13, revised Mar 1, 2018 (2016 Baseline) (See Attached copy of applicable page from the TRM)

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’s Technical Reference Model as part of the “As-is” Lifecycle, Page #: (Attach

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)(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’s Technical Reference Model as part of the “As-is” Lifecycle, Page 125 from TRM version 4.13, revised Mar 1, 2018 (2016 Baseline) (See Attached copy of applicable page from the TRM)

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: Since the 2016 reauthorization of the National Recording Preservation Act and the National Film Preservation Act, the Library has identified approximately ten tasks per year for completion. These requirements have been posted for full and open competition and the only capable and responsible vendor has proven to be CLIR. In an effort to eliminate unnecessary administrative efforts of this requirement moving forward, the Library has determined it necessary to sole source the requirement directly from CLIR. The service unit will continue market research and engagement in the field of library and information resources should new or other vendors capable of completing such requirements emerge.

The successful fulfillment of this requirement calls for specialized expertise and a Contractor with a proven record of accomplishment in coordinating audiovisual preservation and access projects. The Council on Library and Information Resources (CLIR) is considered the industry standard for this type of collaborative preservation work and has extensive experience liaising with government agencies and experts in the audiovisual community. CLIR brings over 25 years of experience to the fields of library and archival sciences and has well-established connections with cultural heritage projects and institutions that have consistently benefited the Library’s completion of previous film and sound preservation plan requirements.

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 Contractor has been actively involved in numerous major projects in the AV field over the past 25 years: helping prepare both the moving image and recorded sound preservation plans; attending and presenting at conferences; chairing task forces to address community-wide solutions to vexing long-standing problems and newly-emerging challenges; providing expertise to others in the AV community. They communicate regularly with the National Recording Preservation and National Film Preservation Boards as well as archives, commercial entities, non-profit organizations, government agencies, and assorted individuals and stakeholders involved in preserving and making accessible our moving image and recorded sound heritage. Through these activities, they have developed extensive contacts, knowledge, and an excellent understanding of the field and will continue to actively research and maintain open communication to learn of any potential new offerors.

To increase competition we will post this notice publically and if any other offerors present themselves after 15 days of being notified, the Library may rescind the sole source methodology and may instead compete the action on the open market.

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

Part 3 – Contracting Officer Determinations & Certification

8. Efforts to Solicit from As Many Potential Sources As Practicable Unless a justification is based on FAR 06.302-2, Unusual and compelling urgency, contracting officers shall post justifications for other than full and open competition, including brand name justifications, to the federal business opportunities website (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 FedBizOpps for 15 days before a contract is awarded. FAR 5.203(a).

Advance or concurrent notice will be published in FedBizOpps 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 2110 § 3.A.

We made the following efforts to interest potential sources in this award: N/A – However, the posting of this notice 15 days before soliciting offers also serves as market research, as any and all Contractors may reply to this public posting in order to show that a sole source effort is not appropriate. Until such time though, the Library is not aware of any other sources.

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 (SAM) – SAM will be checked to ensure the Contractor is valid before an award is made.

13. Contracting Officer Determination of Best Value I have determined that this action represents the best value to the Government because: Digital Transitions is the only vendor that offers the materials and services that meet the requirements of the Digital Services Directorate and their prices have been determined to be fair and reasonable in previous contracts. Their current prices shall be evaluated as well to ensure fair and reasonable pricing before an award shall be made.

14. Contracting Officer Certification I certify that, to the best of my knowledge and belief, this justification is accurate and complete.

Name

Signature

Date

Robinson, James

Digitally signed by Robinson, James Date: 2022.04.14 13:32:01 -04'00'

James R. Robinson 04/14/2022