Justification-and-Approval-Form- 2025-CEI-0031 - _Redacted.pdf

Justification and Approval For Other than Full and Open Competition

Plan ID Number: 2025-CEI-0031

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, 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

Plan ID Number: 2025-CEI-0031

Contractor (or Brand Name): Studio Joseph

Estimated Value (Base and all options):

Period of Performance: 08/01/2020 - 09/30/2028

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 needs comprehensive exhibition and multimedia design services for the Library’s Welcome Area and Orientation Gallery. As a result of construction delays by the Architect of the Capitol, the intended opening of the Orientation Gallery and Welcome Area (December 2024) is significantly delayed. To mitigate the impact, Library leadership created two phases for the opening of the Orientation Gallery (March 2027) and Welcome Area (March 2028) instead of opening them at the same time. As a result of the delays and schedule changes, revised requirements and additional optional requirements have been added to the deliverable schedule to accommodate the additional work required to open the Welcome Area and Orientation Gallery at separate dates.

Plan ID Number:

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)

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

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:

Studio Joseph is the only responsible source available to deliver the Library’s requirements of intermediary milestones that coordinate with AOC milestone dates, as well as the new opening dates for the Orientation Gallery and Welcome Area.

The Library competed and awarded contract LCLBN20C0012 to Studio Joseph for exhibit design and multimedia services for the

Library’s Visitor Experience Master Plan (VEMP) Orientation Gallery and Welcome Area. As a result of delays by the Architect of the Capitol, The Library must split the opening of the Welcome Area and Orientation Gallery. This requires additional comprehensive design services to provide development, oversight and review of work for both openings. In order to keep the continuity of design and ensure the design is executed as intended, only Studio Joseph provide these services for the Welcome Area and Orientation Gallery and maintain a consistent design aesthetic.

Because Studio Joseph is providing extensive design and multimedia services for the Orientation Gallery and Welcome Area, which is already far in development, it is the only vendor that can provide these expanded services with the same aesthetics and understanding 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 designs with an aesthetic design that is consistent with the designs already developed.

Procuring those services would require a comprehensive and timely process to ensure a continuous aesthetic design. Further, Studio

Joseph must provide oversight and review of the execution/fabrication of their designs in order to ensure the designs fulfill the

Library’s requirements. Each design firm brings their own style and approach, which vary from minimalist to highly decorative. It is highly unusual and inefficient to have two different firms begin to work together midstream to produce a cohesive design experience.

Proceeding with a different designer to work in conjunction with Studio Joseph as they finish their contract to work on designs that they conceived would create a situation that would jeopardize the completion of the project on time and in budget.

Time is of the essence and a delay to conduct a competition for these services would result in unacceptable delay of the entire VEMP and an unacceptable and unreasonable increase in cost.

SCHEDULE – TIME IS OF THE ESSENCE

The Orientation Gallery and Welcome Area design is part of the congressionally-approved Visitor Experience Master Plan project.

The design work must align with the overall project schedule, in particular with the critical path schedule developed in conjunction with the schedule set by the Architect of the Capitol. If the Library were to put this additional design and multimedia contract out for competition, the opening of the project even close to on time would be greatly jeopardized resulting in significant delay and additional costs that the Library may not be able to fund.

Competing a contract for these additional services would put the VEMP project schedule at risk. These additional services are directly tied to the work that is currently being developed by Studio Joseph.

The Procurement Administrative Lead Time (PALT) alone is 150 days to award a contract of this size and complexity. If a requisition is submitted February 1, 2025, the earliest a contract could be awarded would be June 2025. It will take at least another 4 months to get a new designer and multimedia producer up to speed and versed in the project, the exhibit team, the Architect of the Capitol requirements, etc. The new design firm and multimedia producer would not be able to begin work until September 2025 at the earliest.

In order to keep the project on schedule to move into the production and fabrication phase of the project, all design and development work needs to be completed by October 2025 at the latest. At least a year would be needed to accomplish this. If we put this out to competitive bid with a June 2025 start date, the work could not possibly be completed in 3 months by October 2025

Fabrication contracts for the exhibit systems and multimedia AV integration have already been awarded and are based on Studio

Joseph’s current design. Switching to a new contractor would impact the work currently taking place under other interrelated contracts.

Time is of the essence and there is no way the Library would be able to open the Orientation Gallery, a signature and central component of the VEMP by March 2027. The earliest it could open would be in August 2028, and that would be if everything went completely smoothly, with no supply chain issues, further AOC-related construction delays, etc.

ADDITIONAL COSTS

The cost of supplies and services for the Orientation Gallery and Welcome Area for construction, fabrication, electronics, computer hardware and all the peripherals associated with immersive and engaging multimedia experiences are constantly rising. The Library based its budget on completing the VEMP in 2025. Delays have already been incurred and any further delays in procuring these services will require additional funds that the Library might not be able to obtain.

Failure to meet the VEMP’s timeframes could jeopardize the VEMP. Studio Joseph is the only vendor that can provide the required services (including continuous aesthetics) without disturbing the VEMP schedule.

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 exhibit design and multimedia contracts for upcoming exhibitions.

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 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: N/A

9. Listing of Sources That Expressed Interest in Writing

The following sources expressed interest in this award: N/A

10. Additional Information

The following additional information is relevant to this justification and approval: N/A

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:

The contractor submitted proposals which are based on their 2020 labor rates which were competed and determined to be reasonable when the contract was awarded. The contracting officer compared the labor rates to the rates used to calculate the prices for mod.

0010 and confirmed that the prices are the same. The rates in mod. 0010 were confirmed to be the same rates used in recent modifications (0006, 0007 and 0008.)

The contracting officer reviewed the past negotiated modifications and confirmed that the proposal matched the rates used since modification 0006. Included in mod 0008 were two new categories: Senior Designer and Junior Designer. Those rates were compared to an average of 5 GSA Advantage Contracts and found to be reasonable. Those rates are the same rates proposed for Mod 0009.

Consultant costs were proposed and the proposals from each consultant was provided. The level of work of the consultants were consistent with past efforts. For a full breakdown of price changes, see spreadsheet “LCLBN20C0012 – Mod 0010 – Price Analysis” in the Tech Evaluation folder in the file.

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)

In accordance with FAR 9.104-1, Contractor Qualifications and Standards – Studio Joseph (WENDY EVANS JOSEPH ARCHITECH P.C) has been determined to be responsible; the registration on sam.gov expires on 7/02/2025 and has no active exclusions.

13. Contracting Officer Determination of Best Value I have determined that this action represents the best value to the Government because:

Studio Joseph is the only contractor that can provide the design services required to preserve continuity of the design and execute the required services on a tight schedule. Studio Joseph’s proposed price includes labor rates and consultant costs consistent with prices historically paid by the Library. Further, their proposed labor rates have been reviewed and determined to be reasonable. When factoring in scheduling, price and other factors, awarding a contract to Studio Joseph on a sole source basis as modification 0010 to contract LCLBN20C0012 represents the best value to the Government.

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.

Ramon Samuel Ramon Samuel 1/13/2024

Name

Signature

Date