JA - SSJ - SEER Software Licenses 2025-CIO-0119 Redacted_Redacted.pdf

Justification and Approval For Other than Full and Open Competition

Plan ID Number: 2025-CIO-0119

Form Updated 4/14/2023

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, Office of the Chief Information Officer

IT Governance Dirctorate/Program Mgmt Governance & Ops Div

2. Nature of Action Being Approved

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

Plan ID: 2025-CIO-0119 Contractor (or Brand Name): Galorath Incorporated/SEER Software Suite Estimated Value (Base and all options):

Period of Performance: Base Year: 8/2/2025 – 8/1/2026 Option Year 1: 8/2/2026 – 8/1/2027

3. Description of Supplies or Services Required to Meet Library Needs

The Library requires the following supplies or services:

The Library of Congress (Library) requires the following SEER Software licenses, maintenance, technical support and training.

3.1 SEER Software Licenses

The contractor shall provide the following software licenses:

• SEER for Software - Project Manager Edition, Annual Site License for up to 75 Users

• SEER for IT - Estimator Edition, Annual Site License for up to 75 Users

• SEER Enterprise Shared Database (SEER-DB), Annual Site License for up to 75 Users

• Optional: SEER for IT MS Project Integration, Annual Site License for up to 75 Users

3.2 SEER Software Private Workshops

The contractor shall provide SEER for Software & SEER for IT Private Core Workshop (Remote Delivery). The contractor shall conduct two (2) New User Workshops and two (2) Refresher Workshops for a total of four (4) training workshops for twenty-five Library users in accordance with the below requirements.

• New User Workshop: the contractor shall explain the basic features and core Library functionalities of the SEER product suite in a simple and easy-to-understand manner, focused on guiding new users through key actions.

• Refresher Workshop: the contractor shall revisit basic features and core Library functionalities, explain recent updates relevant to Library processes, reinforce essential skills, refresh participants knowledge on critical workflows and address Library best practices.

• The contractor shall engage with participants by encouraging questions and addressing questions from participants.

• The workshops shall include all SEER products used at the Library including SEER-Software Project Manager Edition, SEER-IT Estimator Edition, SEER Enterprise Database, SEER-Software MS Project Integration and SEER for IT MS

Project Integration as part of the workshop curriculum. Note: SEER for IT MS Project Integration will be dependent on if CLIN 0004 in Section B (Optional Base CLIN) is exercised.

• The workshop curriculum shall include hands-on practice utilizing existing Library OCIO projects as examples in training sessions.

• The four (4) training workshops shall consist of 5-day long courses each with up to seven (7) participants in each workshop for a total of fifty (25) Library participants.

• The contractor shall conduct the workshops during normal Library business hours of Monday – Friday between the hours of 8:30AM – 5:00PM EST.

• The contractor shall work with the Contracting Officer Representative (COR) and Project Manager (PM) to establish the training schedule.

• The contractor shall conduct each workshop remotely with a live instructor via Microsoft Teams (preferred) or Zoom.

• The contractor shall deliver to the COR and PM the Training Agenda and Training Workbook in PDF format within ten

(10) business days of the start of the training session.

3.3 SEER Software Installation and Configuration Support

The contractor shall provide installation and configuration support for the setup of the 75 - user site licenses and the database instance for SEER-DB.

3.4 SEER Software Maintenance

The Contractor shall provide the following software maintenance:

• The contractor shall make major and minor software upgrades available on the contractor’s website for download.

• The Contractor shall provide a new version of software addressing major bug/defects within 60 days of confirming the identified defect and new version of software addressing minor defects within 30 days of confirming the identified defect. The contractor shall provide a workaround for any identified defects within 15 days of notification from the Library.

3.5 SEER Software Technical Support

The Contractor shall provide annual software technical support services. Technical Support shall include the following:

• A hotline technical support phone number, email and/or web-based mechanism, Monday – Friday between the hours of

8:30AM EST – 5:00PM EST.

• Technical guidance for product-related questions, assistance, and guidance in the implementation of the software.

• Access to on-line knowledge base articles.

• Access to up-to-date product user guides in PDF format.

3.6 Remediate Software Vulnerabilities

As part of the Library’s continuous security monitoring program, software used by the agency is subject to routine security scanning, whether it is hosted internally or externally. These security scans may result in the identification of software security vulnerabilities that need to be mitigated within the following timeframes:

High-Priority Vulnerabilities 30 calendar days Medium-Priority Vulnerabilities 180 calendar days Low-Priority Vulnerabilities 360 calendar days

Upon notification of a security vulnerability, the Contractor will correct the vulnerability within the specified timeframes, including the modification, testing, and installation of code on all Library instances of the software. The Contractor will also provide documentation, such as release notes, installation guides and user guides, to document the changes made to the software to address the identified vulnerability(ies). Costs associated with addressing software security vulnerabilities are not reimbursable separately and should be included as part of the Contractor’s price for provisioning the Library’s software licenses or software maintenance.

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:

SEER for Software Project Manager Edition 75-User Site License, SEER for IT Estimator Edition 75-User Site License, SEER for IT Enterprise Database instance 75-User Site License and SEER for IT MS Project Integration 75-User Site License software covered by this J&A is an essential component of the Library’s established technical architecture as documented in the Library’s Enterprise Architecture Repository database (LCEAR) (formerly the Technical Reference Manual (TRM)), which serves as the Library’s IT standardization program. SEER software was previously procured and is currently implemented at the Library.

The Library has determined that only the SEER software licenses will satisfy the agency’s needs, in accordance with the agency standardization program set forth in the Library IT LCEAR. The LCEAR documents the infrastructure technologies and solutions supporting the Library’s business needs, and delineates the processes, roles, and timing for formal review of deployed technology elements to ensure they fulfill the Library’s business needs. The LCEAR is used to ensure that appropriate, supportable technology is acquired and incorporated into the Library’s IT Architecture. The acquisition of non-standard technologies would be potentially disruptive to the Library’s IT infrastructure and expected to result in unnecessarily duplicative costs. Items are not added to the LCEAR database unless market research indicates that other companies’ similar products do not meet and cannot be modified to meet the Library’s needs. The SEER software covered by this brand name justification are essential to the Library’s IT infrastructure.

The Original Equipment Manufacturer (OEM), Galorath Incorporated, does not have any authorized resellers. No other vendors can provide the proprietary software licenses, configuration, maintenance and training support.

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

To increase competition, we will: continue to monitor and evaluated the Library’s IT Architecture to determine essential levels of support, as well as software and hardware functionality. The Office of the Chief Information Officer reviews the LCEAR annually to reassess the architecture in light of emerging technology and evolving Library vulnerabilities.

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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