SSJ - OCLC IDIQ - Redacted.pdf

Justification and Approval For Other than Full and Open Competition

Plan ID Number: RQF O20250001

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, Chief Operating Officer (COO), Library Enterprises (LE), Federal Library and Information Network (FEDLINK)

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: RQF O20250001 Contractor (or Brand Name): OCLC, Inc.

Estimated Value (Base and all options):

Period of Performance: 07/01/2025 to 06/30/2030

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 Library of Congress (Library), Federal Library Information Network (FEDLINK) requires a single-award Indefinite Delivery, Indefinite Quantity (IDIQ) contract for the continued access for Bibliographic Services Resource Sharing Services, Discovery and Reference Services, and Collection Management and Analysis Services.

Global bibliographic services � A collaborative database through which libraries can source bibliographic records and efficiently manage metadata, based on contributions from a wide variety of academic, public, school, and special libraries around the world. Participation as a member of a global bibliographic utility, specifically a cataloging database, is needed to effectively collaborate with other libraries and institutions and successfully retrieve complete and accurate bibliographic and authority records. A bibliographic utility that allows cataloging to be performed online or through batch processes and automatically updates when improvements are made to a record within the database is needed to enhance timely discoverability of the library�s collections.

Global resource sharing - A global online resource sharing network consisting of thousands of participating libraries with access to millions of bibliographic records and billions of holdings to provide users access to digital and physical sources of information. Expedited turnaround times for requests is required to provide access to rare and hard-to-find electronic and/or print resources that would otherwise be inaccessible to users. An interlibrary loan (ILL) system with the up-to-date accessibility and security standards is required to automate borrowing and lending processes.

Discovery and reference - An interface through which users can search, find, and select resources from a global bibliographic utility and other research databases, providing access to millions of full text articles. Online discovery and reference services are needed to access an index of library collections from sources all over the world, connecting users to the information they require.

Collection management and analysis � Tools to collect data, analyze print and electronic collections, and compare holdings to collections of other libraries on a global scale. Analytical tools and reports are required for libraries to make informed, data-driven decisions to prioritize materials and collections, account for various print collection scenarios, model deselection scenarios, support weeding efforts, and support preservation efforts. This includes identifying rare and unique materials in the collection, materials that are already digitized and accessible elsewhere, little used materials that are readily available in other library collections, identifying what is being circulated, and uncovering data integrity issues in records to support clean-up projects.

By leveraging access, this IDIQ intends to be a resource from which many ordering activities or agencies with multiple organizational levels and geographic locations nationwide and/or worldwide may make use of.

Plan ID Number: O20250001

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).

5. Rationale for Contracting Without Competition

We are authorized to limit competition on the basis of the citation in section 4 because: OCLC, Inc. is the owner and sole provider of OCLC's proprietary systems and services. As such, OCLC, Inc. is the only entity authorized to meet the minimum requirements for FEDLINK and all FEDLINK�s federal libraries and information centers. FEDLINK requires OCLC's services to help its consortium achieve the optimum use of the resources and facilities of federal libraries and information centers.

OCLC is the sole provider of the WorldCat database, WorldShare Interlibrary Loan, FirstSearch, and WorldCat Discovery. Access to these products and services enable libraries to discover, catalog, and share materials among the OCLC cooperative, thereby facilitating operations essential to the Library of Congress and 100 additional FEDLINK member libraries worldwide.

The OCLC WorldCat database provides a bibliographic record supply, registry of library holdings, discovery environment, infrastructure for knowledge organization, infrastructure for systemwide maintenance of metadata, aggregation of holdings data, and a repository of data. OCLC�s WorldCat is the only cooperative cataloging database that provides access to bibliographic and authority records from thousands of libraries at the domestic and international scale. Access includes holdings from more than 30,000 libraries globally, including major institutions like the Library of Congress. WorldCat is also the only source for many materials cataloged outside the United States. OCLC provides access to data that otherwise would be difficult or impossible for an individual library to discover and acquire without significant staffing and logistical costs to FEDLINK and its libraries.

As a centralized global bibliographic utility, WorldCat significantly reduces operational delays and duplicative efforts by allowing access to a broader swath of authority and bibliographic records with real-time updates. OCLC claims copyright rights in WorldCat as a compilation. Therefore, OCLC and/or its licensors or suppliers are the exclusive owners of and retain all rights, title, and interest (including all copyrights, trademarks, patents, and any other proprietary rights) to WorldCat products and services, and all other materials produced or provided by OCLC.

Resource sharing is accomplished through OCLC�s WorldShare Interlibrary Loan (ILL). There are no known global or nationwide competitors for these services. There are many local, regional, and statewide consortia that share materials among their own members, but these rely on OCLC for borrowing when content is not available through the consortium.

Extensive market research indicates there are too many types of risks associated with alternate solutions at this time. The use of other non-OCLC products and services would create problematic limitations to libraries� access to vital information as well as borrowing and lending options of digital and physical materials. These limitations would increase the likelihood of unsuccessful and delayed fulfillment to effectively meet user needs.

Libraries would not be able to overcome logistical obstacles related to accessing resources that were previously available. Additionally ordering activities and agencies would incur duplicative and triplicated administrative and operational costs associated with purchasing and storing materials through acquisition methods. The cost and time that it would require agencies to research, develop, configure, test and deploy an alternative solution to OCLC's existing and available databases and systems would not be recovered through a new competitive procurement.

Therefore, OCLC is the only entity that provides the complexity or breadth of services or access to comprehensive coverage and high-quality, consistent records of comparable scope and size. Without OCLC, Inc.�s unique services and content, the FEDLINK and its members would have a limited ability to locate, acquire, catalog, and preserve library materials in a timely manner or share resources among the global library community, which would severely and adversely affect their ability to serve their constituents. OCLC is the only known provider of services that satisfy the FEDLINK�s and the member�s requirements and fulfill its mission of expanding access through the creation of catalog records that contribute to the development and preservation of an expansive and universal collection of knowledge; and enhancing services through the delivery of authoritative research that supports users� needs for the collection and analysis of information. Without OCLC, Inc.�s unique services and content, the Library of Congress and the other FEDLINK libraries would have a limited ability to perform their fundamental functions of bibliographic control and resource sharing. Again, this would harm their ability to serve the information needs of their constituents and consequently adversely affect their ability to support their agencies� missions.

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

To increase competition for the next Bibliographic Services, Metadata Services, Resource Sharing Services, Discovery and Reference Services, and Collection Management and Analysis Services requirements, FEDLINK will conduct market research into viable solutions that can support the functions that may seamlessly integrate with FEDLINK�s services and fully support its members. FEDLINK will 1) continue to monitor the market,

2) communicate with leadership and members within the consortium to discover similar requirements regarding emerging trends in alternative products in the areas of bibliographic services, metadata, resource sharing, discovery and reference, and collection management, 3) identify and assess opportunities to introduce new and alternative solutions that will also provide equivalent levels of access to these types of resources.

At this time, FEDLINK intends to post a notice on SAM.gov indicating our intent to award a sole source contract to OCLC, Inc. FEDLINK will also continue to monitor the commercial market for any emerging competitors that could provide all the required services.

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.

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).

We made the following efforts to interest potential sources in this award: This J&A will be posted on SAM.gov prior to award.

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:

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)

13. Contracting Officer Determination of Best Value I have determined that this action represents the best value to the Government because: OCLC is the only vendor that can provide exclusive access to the WorldCat Database and its comprehensive bibliographic resources required by FEDLINK and its members. Best value will be determined by making sure the solution offered meets the Library�s requirements and the pricing is fair and reasonable per one of the methods described above.

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.