Sole Source Justification - Redacted.pdf
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- Attached to
- PRTD Aging Oven - Sole Source Justification
- Solicitation number
- 2027-LGD-0065
- Issued by
-
Library of Congress
About this file
This is a Justification and Approval for Other than Full and Open Competition document for the Library of Congress, Plan ID 2027-LGD-0065, authorizing a sole-source contract with ESPEC for a temperature and humidity-controlled chamber. The contracting agency is the Library of Congress, Library Collections and Services Group, Discovery and Preservation Services, Preservation Directorate, Preservation Research and Testing Division. The contract period of performance runs from January 15, 2027, through January 14, 2028.
The Library requires acquisition of a temperature and humidity-controlled chamber (ESPEC BTX-475 model) for use in its quality assurance program testing papers, boards, and other materials to multiple ISO (International Organization for Standardization) standards, as well as ongoing research on materials degradation related to the Library's collections. The contract includes all parts and equipment to meet specified parameters, user training, shipping, and one year of warranty support. The justification for sole-sourcing to ESPEC is based on FAR 6.302-1, establishing that only one responsible source exists capable of meeting the Library's requirements. Market research confirmed that while multiple vendors produce temperature and humidity-controlled chambers, only ESPEC's BTX-475 model meets or exceeds the size, temperature range, humidity range, and varied capabilities required to comply with international standards while integrating into existing workflows and research programs. The Contracting Officer, Brian Curl, certified approval on October 13, 2026, for actions up to $900,000. Advance notice of the intent to sole-source to ESPEC will be published on sam.gov 15 days prior to award. Fair and reasonable pricing and best value determinations will be finalized at time of award.
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Justification and Approval For Other than Full and Open Competition
Plan ID Number: 2027-LGD-0065
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, Library Collections and Services Group, Discovery and Preservation Services, Preservation Directorate, Preservation Research and Testing Division
2. Nature of Action Being Approved Contract (or modification)
LoC or Leg Branch Order (or modification)
GSA Schedule or GWAC:
Other:
Plan ID Number: 2027-LGD-0065
Contractor (or Brand Name): ESPEC
Estimated Value (Base and all options):
Period of Performance: 1/15/27-1/14/28
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) requires contract support to acquire a temperature and humidity-controlled chamber for use in its quality assurance program for the testing of papers, boards, etc. to multiple ISO (International Organization for
Standardization) standards in addition to ongoing research on materials degradation in relation to the Library’s collections. Testing the physical and chemical properties of materials, and how they change during aging, is central to the
Library’s quality assurance testing program for materials used in the storage and housing of collections and ongoing research programs. Many of the specifications rely on published ISO testing standards such that specific capabilities of testing equipment are required as they are specified in the international standards (ISOs) that have been used to develop the Library’s specifications. The contract shall include all parts and equipment to meet specified parameters, user training, shipping, and 1 year of warranty support.
Form Updated 12/10/2025
Part 2 – Program Office Justification & Approval
4. Authority for Contracting Without Competition Over $350,000 For this requirement over $350,000, 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:
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:
Other basis authorized in 41 U.S.C. § 6101(b) or FAR part 6.302:
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 $350,000 For this requirement up to $350,000, 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:
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
Form Updated 12/10/2025
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).
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: Published intent to sole source to ESPEC 15 days before award is made.
9. Listing of Sources That Expressed Interest in Writing
The following sources expressed interest in this award: TBD.
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 pricing will be determined at time of award.
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: Best value will be determined at time of award.
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 $900,000, I approve contracting without competition for this requirement.
Brian Curl 10/13/2026
Name
Signature
Date
| 2026-10-13T10:55:00-0400 | |
| Curl, Brian |
File details come from the government source that posted it. Updated .