JA - Skolnick - SW Corridor re.pdf

Justification and Approval For Other than Full and Open Competition

Requisition Number: 2024-CEI-0039/RQ LBN20240004

Form Updated 10/26/2021

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, CEI Center for Exhibits and Interpretation

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

Requisition Number: 2024-CEI-0039/RQ LBN20240004 Contractor (or Brand Name): Lee H. Skolnick Architecture & Design Partnership Estimated Value (Base and all options):

Period of Performance: 6/16/2021 – 2/28/2027

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:

As part of the Visitor Experience Master Plan initiative, the Library will open a new learning space in the Southwest Corridor of the Thomas Jefferson Building (SWC) in a newly renovated space on the ground floor (approximately 5,700 square feet) The SWC will be a user-driven flexible, participatory, experiential space that inspires intergenerational groups that include children ages 7-13 to use the Library and to learn about doing research by engaging in co-learning with the institution’s collections, people, and services.

The Library currently has a contract with Lee H. Skolnick Architecture & Design Partnership (Skolnick) for design services for the SWC, however it has been determined that additional design services are needed in order to fully realize the learning goals and objectives of the space via enhanced digital interactive experiences. The services currently being provided by Skolnick under contract LCCEI21C0010 were competed under full and open competition. The Library needs the following additional services to fully realize the Southwest Corridor’s learning goals and objectives: Final Design Delivery of expanded design, Audiovisual Presentation and Interactive Experience services, Additional installation support services, Researcher notebooks, Design of branded Library cards, Concept Strategy services, and additional Consultation services.

Requisition Number:

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:

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 IT Standard Data Sheet)

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 IT Standard Data Sheet)

Requisition Number:

Form Updated 7/2/2020

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:

Skolnick is the only responsible source that can deliver the Library’s requirements of expanded comprehensive design services and ensure that they will be seamlessly integrated with the current work they are providing under contract LCCEI21C0010.

The Library competed and awarded contract LCCEI21C0010 to Skolnick for design services for the SWC, which is part of the Library’s Visitor Experience Master Plan (VEMP). The Library requires additional comprehensive design services to expand the services currently being provided under contract LCCEI21C0010. There is a need for a continuous aesthetic and concept design in order to fully realize the Library’s goals, and time is of the essence, and these services can only be guaranteed by issuing a contract to Skolnick for the additional design services.

Because Skolnick is providing initial design services, it is the only vendor that can seamlessly and easily provide designs with the same aesthetics in accordance with the timeframes established for the VEMP. If the Library attempted to purchase the services from another vendor, the other vendor would have to provide its own new designs with an aesthetic design that is consistent with the designs already purchased and approved by Library leadership including the Librarian of Congress and donors who have committed support to the project based on the proposed design, in addition to meshing with the overall aesthetic design and learning goals of the SWC. Furthermore, purchasing services from another vendor would result in a substantial duplication of cost to the Government that is not expected to be recovered through competition:

a. The Library would need to commit at least four months’ worth of resources and time to solicit these services. With an additional four months of resources required to get a new vendor up to speed on the Library’s design goals, key stakeholders and internal processes.

b. Procuring those services from another vendor would require a comprehensive and timely process to ensure a continuous aesthetic design to fulfill the Library’s goals. The Library would incur costs associated with the additional contractor and Library staff time to present, review and approve any new designs proposed by a new vendor.

c. The additional delay in completing the final design would result in delays to related contracts, such as audiovisual integration, and construction, which could result in added fees and additional work to modify those related contracts and schedules.

By not competing for these additional services, the Library will avoid those costs, estimated at for Library staff time, contractor resources and fess associated with delays to other projects.

The opening of the SWC is predicated on finalizing these additional design requirements. Skolnick is the only responsible source that will allow the Library to avoid unacceptable delays in fulfilling the agency’s requirements. The design services for the SWC are just one part of the Visitor Experience Master Plan project that has phased openings through 2026. It’s imperative that the additional designs for the SWC are provided within the required time as any delays will impact and delay other projects. Not doing so may jeopardize the VEMP project as a whole, and as such time is of the essence.

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 Library will compete subsequent design contract requirements.

Requisition Number:

Form Updated 7/2/2020

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.

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