Justification BN Redacted.pdf

Justification and Approval For Other than Full and Open Competition

Plan ID Number: 2026-CDS-0001

Form Updated 4/14/2023

Contract (or modification)

LoC or Leg Branch Order (or modification)

GSA Schedule or GWAC: Identify Schedule/Contract

Other: Identify

Plan ID Number: 2026-CDS-0001

Contractor (or Brand Name): NCR Voyix Counterpoint

Estimated Value (Base and all options): $1,053,120.00

Period of Performance: 10/12/2025 – 10/11/2030

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.

1. Contracting Agency and Activity: Library of Congress / Contracts and Grants Division / IT

Infrastructure and Business Enterprises

2. Nature of Action Being Approved

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

The Library of Congress requires the following supplies or services: The Library of Congress (Library), Office of Business

Enterprises (BE) requires contractor support to maintain all functions for its three business lines executed in its current NCR Voyix Counterpoint (Counterpoint) architecture for BE’s three core business entities that function separately. Each business entity (Retail, Cataloging Distribution Service and Duplication Services) needs to be sustained to enable its own customer database, product database, order history and business reporting. The contractor shall ensure the existing data be maintained in Counterpoint and neither the Cataloging Distribution

Service nor Duplication Service maintains a physical inventory.

The contractor will be required to transition BE’s existing Counterpoint version 8.5.7 to version 8.6 (or the most recent version that can be implemented and supported in the Library’s hybrid environment (hosted on-premise and cloud)). In addition, the contractor shall provide twenty-five (25) Counterpoint user licenses annually.

Licenses are required in order to access the software. Additionally, the contractor shall provide five (5) stationary

NCR Point of Sale (POS) stations (POS, receipt printer, peripherals), two (2) remote NCR POS equipment to support offsite events and include five-year warranty support for all equipment. This equipment is specifically loaded with the NCR Counterpoint software and designed to work within the NCR architectural system.

Furthermore, the contractor shall provide software support for Counterpoint, which includes optional improvements to include round up capabilities, the ability to manage multiple inventory locations, configure the

Customer Relationship Management (CRM) system to track customer segmentation, execute marketing campaigns, track buyer behavior/history in the retail POS and customer databases for all services and provide

Part 1 – Identification training across each functional area within the application including finance, order management, purchasing, production (duplication services), and customer support.

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: TRM0001308 (IT Standard

Data Sheet Attached)

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

Part 2 – Program Office Justification & Approval

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 has determined that only the Counterpoint software and support will satisfy the agency’s needs. Counterpoint software and support 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. The Counterpoint software was previously procured via competitive competition and is currently implemented at the Library to support BE’s operations of Cataloging Distribution Services, Duplication Services and Retail

Businesses and has been networked to the Modern Retail and Salesforce applications, as well as, integrated with Momentum

(the Library’s financial system) API. Trying to use a non-Counterpoint software is not feasible, as it would cause a disruption to the Library’s BE operations and infrastructure, which would also likely result in unnecessarily duplicate costs.

The Library’s 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 Counterpoint software and support covered by this brand name justification is essential to the

Library’s IT infrastructure.

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

To increase competition, we will: continue to evaluate the Library’s IT Architecture to determine essential levels of support and 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. For this particular brand name, there are dozens of qualified/authorized NCR Voyix partners capable of satisfying this requirement, therefore competition is achieved by soliciting to these authorized partners via SAM.gov.

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.

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 – this will be publicly posted on SAM.gov

9. Listing of Sources That Expressed Interest in Writing

The following sources expressed interest in this award: N/A – this will be publicly posted on SAM.gov

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: fair and reasonable price will be determined based on adequate competition and price analysis techniques.

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)

PART 3 – CONTRACTING OFFICER DETERMINATIONS &

CERTIFICATION

13. Contracting Officer Determination of Best Value

I have determined that this action represents the best value to the Government because: only this brand name software can meet the Library’s needs and is an essential component of the Library’s established technical architecture as documented in the

Library’s Enterprise Architecture Repository database (LCEAR). Best value shall be determined by the evaluation criteria as listed in the solicitation. Prices will be based upon competitive quotes from authorized resellers of the brand in a competitive environment on SAM.gov. Therefore, the price paid will be fair and reasonable and represent the best value based upon competition.

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