JA-RE NXT Maintenance FY25 Redacted.pdf

Justification and Approval For Other than Full and Open Competition

Plan ID Number: 2025-LBM-0017

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 of Congress, Office of the Chief Information

Officer

2. Nature of Action Being Approved Contract (or modification)

LoC or Leg Branch Order (or modification)

GSA Schedule or GWAC: Identify Schedule/Contract

Other: Identify

Plan ID Number: 2025-LBM-0017

Contractor (or Brand Name): Blackbaud Inc.

Estimated Value (Base and all options): See Below:

Period of Performance: See Below:

Base Period (100K): 11/1/2024 – 10/31/2025

Option Period 1 (100K): 11/1/2025 – 10/31/2026 -

Option Period 1 Optional CLIN (150K): 11/1/2025 – 10/31/2026

Option Period 2 (100K): 11/1/2026 – 10/31/2027

Option Period 2 Optional CLIN (150K): 11/1/2026 – 10/31/2027

Option Period 3 (100K): 11/1/2027 – 10/31/2028 Option Period 3 Optional CLIN (150K): 11/1/2027 – 10/31/2028

Base Period (100K) and All Options (100K) (if exercised):

Base Period (100k) and All Options (150K) (if exercised):

Total Contract Value:

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's mission is to make its resources available and useful to the Congress and the American people and to sustain and preserve a universal collection of knowledge and creativity for future generations. Additionally, the mission is to provide Congress with analysis and research services that are authoritative, objective, nonpartisan, and confidential.

Office of the Librarian/Development Office (DO)’s Raiser's Edge (RE) is a Commercial-Off-The-Shelf (COTS) application that houses fundraising data as well as events management data that is used by the Library’s Special Events Office. Raiser's Edge allows the Library to collect and report data on all aspects of fundraising or special events management. Raiser's Edge is used to keep track of day-to-day interactions with donors, prospects, library management, and special events customers. Raiser's Edge is used to maintain various targeted constituent lists to provide information on

Library initiatives and special events via email and mass mailings. Raiser's Edge maintains a list of prospects that may be targeted for the support of various Library fundraising efforts.

Constituent research and relationship management are critical aspects of the Development Office’s efforts to raise private funding in support of exhibitions, signature events, and programs such as the National Book Festival, Gershwin Prize, and others. Complete and consistent data regarding

Plan ID Number: 2025-LBM-0017

Form Updated 4/14/2023

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)

5. Rationale for Contracting Without Competition

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

Blackbaud owns or has the right to RE NXT software and software documentation are confidential and may not be disclosed to a third party. The methodology and approach used by Blackbaud is proprietary trade secret technology protected by copyright. Unauthorized use and copying of such

Software are prohibited by law, including United States and foreign copyright law. This includes RE NXT object codes, permitted copies of programs, updates, and warranties. Blackbaud Inc. does not resell their software to any other reseller which requires special permissions to use or modify.

Raiser’s Edge NXT, is Blackbaud’s cloud hosted commercial software, and is the Library’s the primary tool for managing, analyzing, and reporting on constituent (i.e., individual and organizational prospects and donors) information and fundraising activities. The Library has been using Raiser’s

Edge software for almost twenty years. The system is critical to the Library’s efforts to raise private funding in support of priority projects, major exhibitions, and signature events such as the National Book Festival, Gershwin Prize, and major exhibitions, as well as the ability to manage these programs as well.

The Office of the Chief Information Officer (OCIO) intends to conduct this sole-source acquisition under FAR 13.501(a) procedures in accordance with 41 U.S.C. 1901(a)(2). Raiser’s Edge NXT is a proprietary system created by Blackbaud, meaning there is only one unique supplier with the capabilities to authorize the resale of these maintenance licenses. Non-RE NXT software maintenance products are incompatible with the RE NXT software and would create serious issues within major LOC programs, impacting functionality and program operations. RE NXT software maintenance is designed to support RE NXT software. The introduction of another manufacturer’s support will not work as it is not designed for that product. In addition, only Blackbaud is authorized to support and maintain the software and the LOC complex data enterprise. Blackbaud also hosts

RE NXT within their Azure cloud environment.

With the current Raiser’s Edge contract ending 11/1/2024, it is nevertheless in the Library’s best interest to continue with the Raiser’s Edge NXT software for several reasons:

- In use for more than twenty years, not only is the entire lifecycle of fundraising and event planning built around Raiser’s Edge, but Raiser’s

Edge has been customized to meet the Library’s specific needs – through user configurations such as coding tables, query/report functions, pledge invoicing, mail merge templates, audit and reconciliation processes with Momentum, and more.

- As OCIO develops an enterprise-wide CRM solution development and event planning will be a core component. Even if a migration to a new system could be possible, it would hamper OCIO CRM planning, and potentially raise costs (i.e. hold two contracts in place in-order to support at least a year transition, data transfer and ramp-up), to contemplate first a migration to a new development/event planning system and then adjustment or integration to a new CRM tool.

The Library will not accept a lapse in services because it will negatively impact Library staff and pose challenges to resolve retroactively. An inaccurate report of the Library’s data will undermine the Library’s ability to collect and report data on all aspects of fundraising or special events management, thus impacting the service provided on multiple contracts that are funded by donor money. Every office of the Library would be impacted and a lapse in services will detrimentally interrupt the Library’s continuation of operations for ongoing initiatives: meeting the

Congressionally-mandated match of $20 million for the Visitor Experience (Jefferson Building) and preparing for the first-ever comprehensive campaign which is targeted to raise $80-100 million by 2026. A solution other than the renewal of maintenance would result in duplicative efforts and cost exponentially more than the total value of RE NXT maintenance cited and will require multi-year planning for transition.

Plan ID Number: 2025-LBM-0017

Form Updated 4/14/2023

6. Actions to Overcome Barriers to Competition Before Subsequent Contract Is Required

To increase competition, we will:

The Library will continue to evaluate the Library’s IT Architecture to determine essential levels of support and software and hardware functionality.

The Office of the Chief Information Officer annually reviews Library’s Enterprise Architecture Repository database (LCEAR) (formerly the

Technical Reference Manual (TRM)), which serves as the Library’s IT standardization program, to reassess the architecture in light of emerging technology and evolving Library vulnerabilities.

This renewal subscription contract would be in place while the OCIO Enterprise Architecture team and the Librarian Office plans and roadmaps are being developed for a new constitute management system (identifying and capturing a comprehensive list of requirements for the "To be - Future

State" and cloud migration strategy). The Library is planning to re-compete its entire Donor Management and Events Tracking system by the end of

2024. This sole source justification will be used to support a one-time, final purchase for continued RE NXT maintenance to allow for adequate phase out transition from RENXT to a new Donor Management and Event Tracking system. Additionally, the Library will conduct market research to identify new, other alternatives, or solutions that can meet the Library’s requirement.

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

Plan ID Number: 2025-LBM-0017

Form Updated 4/14/2023

PART 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: The Justification will be posted on SAM.gov for any interested parties to respond and provide an alternative solution for evaluation.

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: Prices will be determined fair and reasonable at time of award through comparison with previous prices paid and captured in the Contract Review Board Memorandum (CRB

Memo).

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: Best Value will be determined at the time of award and documented in the CRB memo.

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 $750,000, I approve contracting without competition for this requirement.

Name Signature Date