Justification-and-Approval_Redacted.pdf

Justification and Approval For Other than Full and Open Competition

Plan ID Number: 2025-OSE-0051

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 Security and Emergency Preparedness (OSEP)

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-OSE-0051 Contractor (or Brand Name): Multiple Brand Names Estimated Value (Base and all options):____________ Period of Performance: August 2025 – August 2030

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

The Library requires the following supplies or services: The Library has a requirement for contractor support for its Integrated Electronic Security System (IESS), including preventative maintenance, repair, installation and inventory support. The IESS consists of the Primary Intrusion Detection System (PIDS), the Secondary Intrusion Detection System (SIDS) and the Video Management System (VMS). The contractor that services the Library's primary intrusion detection system (PIDS) cannot provide services under this contract -- i.e., the same contractor cannot provide both primary and secondary maintenance and installation. The primary function of the IESS includes alarm monitoring, card access and closed-circuit video monitoring/recording.

The contract scope will include: Recurring and Preventative Maintenance Services, Unscheduled and Emergency Repair; Installation and Relocation of systems, and Exhibition Security. The system upgrades and lifecycle replacement portions of the IESS are covered by this J&A, as the Library’s requirements can only be satisfied using existing brands of equipment and software.

The specific brands include:

• Software House, Inc.: The essential functionality of the Library’s IESS is alarm monitoring, electronic card reader access and ID badge creation. All of these functions rely on software produced and supported by Software House, Inc.

• Intellicene, Incorporated: Similarly, the Library’s VMS is a system for viewing, recording and retrieving security camera video. It includes both software and hardware. The functioning of the software and hardware depends on the operation of proprietary software and hardware manufactured by Intellicene, Incorporated. Intellicene sells its software, hardware and services through a dealer network.

• For Physical Security Network (PSN) backend Infrastructure are composed of Cisco Network infrastructure devices, HP Server hardware, and APC Uninterruptible Power Supply for battery backup. PSN has security devices already embedded into its network. Those security devices include the following items:

Type Manufacturer Model / Series

Camera BOSCH Flexidome IP 4000i IR

Card Reader IDENTIV uTrust TS Reader series

Delayed Egress Lock DYNALOCK 2000 Series

Door Position Switch MAGNASPHERE 'HSS-L2S-000C-180L

Electric Strike HES HES 1006 Series

Type Manufacturer Model / Series

Intercom NORCON COMMUNICATIONS TTU-1AB

Intercom Telephone VIKING E-40 Series

Camera Controller (PTZ) AXIS T8310

Motion Detector BOSCH DS938Z

Security Asset Manager "Key Box" Key Systems SAMs

Touchscreen Terminal Software House TST-100

Uninterruptable Power Supply (UPS) APC SRT2200 and SRT3000 series

Wireless Electronic Lock SCHLAGE AD-402

Wireless Receiver INOVONICS EN4232MR

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

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

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

We are authorized to limit competition on the basis of the citation in section 4 because:

The Library’s needs can only be satisfied by the brand name products listed in Section 3. Software House, Inc. products are currently the only products included in the Library’s system Authority to Operate (ATO). Additionally, Software House sells its products and services through a network of approved companies. The integration companies who support customers owning large and complex designs must be qualified by Software House to provide services or products to these customers. Software House uses the term “Enterprise Level” for this and the Library is limiting competition to those who are qualified at the Enterprise Level. By limiting competition to Enterprise Level dealers we will ensure that any new components or ongoing maintenance are compatible with the current Library systems’ ATO and meets all applicable security requirements. The use of other brand name products would cause significant delays and costs to make non-compatible components work with the legacy (IESS) system.

Assuming that all test and evaluation processes go smoothly, it would still take over a year for other brand name products to be installed and reauthorized. It would cost the Library approximately a few millions of dollars for equipment, infrastructure changes, and services required to complete removal/reinstallation for replacement equipment.

Similarly, Software House, the Library’s VMS system is included in the Library’s system ATO for the IESS. VMS is a system for viewing, recording and retrieving security camera video. It includes both software and hardware that have an existing ATO. The functioning of VMS’ software and hardware depends on the operation of proprietary software and hardware manufactured by Intellicene, Incorporated. Intellicene sells its software, hardware and services through a dealer network. We are limiting competition to those who are qualified to meet Intellicene’s criteria to be an authorized dealer of its software and products. Buying other brand-name software would result in incompatible software or hardware. This would make the VMS system inoperable, while a solution is found to make different components work together. This comes with increased costs, as implementing a new software is always going to be significantly more expensive than maintenance cost for existing software. Buying other brand-name software also poses a security risk. There would not be any security cameras while VMS is inoperable. This would jeopardize the Library’s ability to keep its collections, exhibits, and building spaces secure. Using human presence as a replacement for these security cameras is not a feasible option, as it would significantly increase pricing and affect the scope of the Library’s existing security contracts. The Library would have to enter into multiple new contracts for human presences to perform the security function while VMS is inoperable. Also, there is an uncertain timetable for when a replacement VMS would be implemented. The replacement VMS would have to pass an ATO test, which at a minimum would take a year if everything went smoothly. Thus, Library could be contracting for additional security measures for years before an alternate VMS system is implemented.

The PSN Network environment which includes HW/SW identified in section 3 of this J&A also has a Library system ATO. Use of alternate products and vendors would not only require costly / timely product replacement, but also require a significant investment by Library IT personnel to reassess and re-authorize new equipment to operate in Library facilities. This is estimated to require one year to obtain authorization, and even longer to work through equipment replacement and system transition. Such delays would adversely impact the Library’s ability to protect government spaces and items of unique historical value.

While there are other manufacturers of comparable products, the specific brand name IESS equipment listed above are the exact models which are required in order to be in compliance with the Library’s ATO accreditations. These brand name products of IESS equipment are the only ones tested and currently accredited. Thus, using other brand name components would require obtaining a new ATO for the Library’s IESS. Obtaining a new ATO would come at the significant costs, delays, and security risks as described above.

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

To increase competition, we will:

Currently, there is no other IESS equipment available that is compatible with the Library’s ATO accreditation. The Library will continue testing new commercial hardware and software products to increase brand diversity and will add new brand/make/models to the ATO accreditation as possible.

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

0BPART 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: Given the commercial nature of this requirement, no advance notice was issued pursuant to FAR Part 15 and the government is providing a reasonable time for interested offerors to express interest in the requirement and submit questions and comments pertaining to the combined synopsis/solicitation.

9. Listing of Sources That Expressed Interest in Writing

The following sources expressed interest in this award: Not applicable.

10. Additional Information

The following additional information is relevant to this justification and approval: Not applicable.

11. Contracting Officer Determination that Price Is Fair and Reasonable

Prior to any contract award resulting from the solicitation associated with this J&A, the contracting officer shall determine prices are fair and reasonable using one or a combination of the methods authorized in FAR 15.404-1(b)(2)): Prices obtained through competitive proposals; Historical prices paid by the Government; Published competitive price lists; the Library’s Independent Government Estimate; Prices obtained through market research.

12. Contracting Officer Determination of Responsibility

System for Award Management will be checked to validate FAR compliance at the time of proposal receipt and prior to contract award.

13. Contracting Officer Determination of Best Value

I have determined that this action represents the best value to the Government because: The brand names identified in this J&A are essential to the Library’s requirements and only the companies authorized by those brand name manufacturers can fulfill the Library’s requirements.

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.

Name

Signature

Date