Justification-and-Approval-Form-LCLBN22P0005 - Final_Redacted.pdf

Justification and Approval For Other than Full and Open Competition

Plan ID Number:

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, LIBNO/CEI/EO

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

LoC or Leg Branch Order (or modification)

GSA Schedule or GWAC: Identify Schedule/Contract

Other: Identify

Plan ID Number:

Contractor (or Brand Name): The Graphics Office

Estimated Value (Base and all options):

Period of Performance: proposed is 6/15/25, current is 8/15/24

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 Exhibits Office (EO) seeks to modify contract LCLBN22P0005. The EO requires additional design services (text labels and graphic elements) for a third rotation of Collecting Memories: Treasures of the Library of Congress exhibit in order to extend the exhibition for an additional six months. The extension of the current exhibition ensures that the Library can provide visitors with a rich exhibition experience during the high visitation months of July through December, and to close the gallery only during the lower-traffic months of January and February

2025, and allows time for the Library’s curatorial team to fully prepare the next theme of Treasures for 2026.

This extension will require the contractor, The Graphics Office, to develop new case layouts, graphic elements, and text layouts for approximately 120 objects. The Library requires the services to be completed by June 1, 2025 in order to achieve its goals.

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:

In accordance with FAR 13, The Library sent solicitation 030ADV22Q0053 directly to three (3) vendors who could reasonably provide the required services. In response to the solicitation, the contracting team received three (3) proposals. The bidders were and The Graphics Office. The Graphics Office was awarded contract LCLBN22P0005.

In early 2024, the Exhibits Office, with the support of the Exhibit Review Committee, determined that the Library needs a third rotation of Collecting Memories, the current theme within the Treasures gallery, for which The Graphics Office was the designer.

When the original contract was signed, the Library expected to open a new theme within the Treasures gallery in late 2025. However, the Library has determined that the current theme (Collecting Memories) should continue through 2025 in order to allow the Library to open a theme connected with the semiquincentennial of the Declaration in 2026 in the space. The only way to do this without closing the gallery for an extended period is to create a third rotation of the current theme.

The reputational risks to the Library for not extending this current theme are significant. This would mean closing the newly created

Treasures gallery for nine months, twelve months after opening it to much fanfare and after much planning. The gallery would also be closed during the busy season for visitation, summer through the winter holidays. The success of the Treasures gallery is directly tied to the success of ongoing funding efforts for future exhibitions.

The Graphics Office is the only vendor that can perform these services within the required timeline. Further, The Graphics Office has been performing in a fully satisfactory manner under the contract to date per the COR’s feedback and will provide optimal value to the

Library for the following reasons:

1. A new contractor would need time to learn all the institutional knowledge that took up to two and a half years for The

Graphics Office to master, including introducing the new contractor to all personnel in various Library departments participating in the exhibition and ensuring the contractor has a full understanding of the visitor experience goals of this exhibition theme & gallery layout.

2. A new contractor would have to match the current design aesthetic. It is necessary to maintain a consistent aesthetic for the exhibit. Further, a new contractor would need to obtain an awareness of Library requirements for attribution and accessibility for text labels and conservation requirements for object layouts.

3. Timing is of the essence and in order to achieve this third rotation, the Library needs completed graphics in hand no later than

June 2025, with drafts and discussion beginning no later than December 2024. Competing these services would mean time to process the request, would include a ninety-day PALT for open competition at best value, and time to award and onboard a new contractor to the requirements of the project.

For these reasons, it is in the Library’s best interest to issue this modification to The Graphics Office as a sole source award for administrative purposes.

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: include options for a third rotation in future solicitations, to ensure that all bidders in the future will have the ability to bid on potential additional rotations.

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.