Justification-and-Approval-Form_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, CEI

Office Of The Librarian/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: 2024-CEI-0033

Contractor (or Brand Name): Upswell LLC

Estimated Value (Base and all options):

Period of Performance: 06/27/2022 – 06/30/2025

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 LCCEI22P0002. In response to external advisory committee feedback of the inclusion of the

Book of Privileges artifact in the Zone 01 case (Z1-300), the Library seeks to revise the AV media piece for Zone 01 to expand its focus rather than solely presenting media about the Book of Privileges. Revising the Zone 01 AV media constitutes an expansion of existing conceptual work and retains the same physical hardware setup (as specified in the Final Design package of April 30, 2023), yet this revision will require the contractor, Upswell, to conduct new content research, develop a new visual character that can represent 8–12 Indigenous Mesoamerican artifacts, and develop new motion studies and a rough cut that responds to the widening of the lens by which convey the moment of European and Indigenous

Mesoamerican contact in the 15th century. The intent is to create a broader and more nuanced AV introduction to the experience of “contact” between Indigenous peoples and European peoples, which will resonate with any artifact displayed in the case from that time period.

In order to achieve its goals, the Library requires the contractor to provide the following additional services:

1. Research and Design Development for Revision/redesign of Zone 1 Interactive;

2. Audio Visual Media Rough Cut - Zone 1 Interactive;

3. Refinement of content in interactive (non-linear) media; and

4. Submit final files with content adjustments as necessary prior to installation.

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: 6.302-1(a)(2)(ii)(A) and 6.302-1(a)(2)(ii)(B)

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 13.104, The Library sent solicitation 030ADV22R0056 directly to four (4) vendors who could reasonably provide the required support. In response to the solicitation, the contracting team received two (2) proposals. The bidders were

Upswell and . Upswell was awarded contract LCCEI22P0002.

In June 2023 an external advisory committee provided feedback for the inclusion of the Book of Privileges artifact in the Zone 01 case

(Z1-300) for the “Voices of the early Americas”/Kislak Gallery, which will require a contractor to conduct new content research and develop a new visual character. Upswell is the only contractor that can provide the comprehensive services required to complete the

“Voices of the early Americas”/Kislak Gallery exhibit AV and IE design in line with the Library’s project schedule to support the

Library’s milestone of opening the “Voices of the early Americas”/Kislak Gallery by June 2025. Further, hiring a new vendor could result in substantial duplication of cost to the Government that is not expected to be recovered through competition and unacceptable delays in fulfilling the agency’s requirements. Upswell 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 have to expend resources to understand and continue the work that Upswell has already accomplished. An effort would be required by the new vendor to redo previously approved concepts, conduct research, and occupy critical Library resources in an effort to become fully informed in the relevant subject areas of the design and exhibit.

The exhibit and A/V and IE design would incur additional contractor and staff time to present and review to ensure the other vendor’s designs are consistent with the designs already purchased and approved. Procuring those services would require a comprehensive and timely process so as to ensure a continuous aesthetic design.

2. Competing the requirements for this modification would delay the project timeline by 3-5 months due to the Library resources required to procure the required services. Further, a new contractor would need time to learn all the institutional knowledge that took a year for Upswell to master, including: introducing the new contractor to all personnel in the various

Library departments participating in the exhibition. The learning curve would be substantial and take at least six (6) months to one (1) year to bring the new contractor up to speed with all the information needed to conduct the necessary research and develop the required designs. Time is of the essence, and the project schedule cannot afford these delays if the Library is to meet the proposed July 1, 2025 deadline.

3. By not competing this award, the Library will avoid costs associated with:

a. LOC staff time -- from the EO division and the CD division -- to compete the contract (this includes all necessary time to perform the PALT tasks associated with a new contract);

b. EO staff time to review the project with the newly selected contractor;

c. EO staff time to review and vet new design documents;

For these reasons, it is in the Library’s best interest to award this modification on a sole source basis to Upswell in the interest of economy and efficiency

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:

For future AV and IE design requirements, the Library’s Exhibit Office will seek full and open competition.

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