Web Harvesting Bridge - JA - Redacted for Public Release.pdf

Justification and Approval For Other than Full and Open Competition

Plan ID Number: 2026-LGD-0139

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 (LCSG) Discovery and Preservation Services (DPS), Digital Services Directorate (DSD) Digital Collections Management and Services Division (DCMS), Web Archiving Section (WA)

2. Nature of Action Being Approved

Contract (or modification) LoC or Leg Branch Order (or modification) GSA Schedule or GWAC:

Other:

Plan ID Number: 2026-LGD-0139 Contractor (or Brand Name): MirrorWeb Estimated Value (Base and all options):

Period of Performance: 07/01/2026 – 12/31/2026 (planned)

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

The Library requires the following supplies or services: The Library of Congress requires contract support to enable the systematic harvesting of content from the web based on instructions from Library staff, to provide temporary access to the content and required crawl reports for quality review, and to enable transfer of content to the Library for preservation and public access.

The contractor shall provide Web Harvesting Services that will result in the capture of web content to be added to the Library of Congress collections. Specific performance areas include Web content capture according to scheduling and deduplication of crawls as specified by the Library; Access to captured content for Library quality review; Reports; Web content hosting and storage;

and Transfer of content to the Library.

The contract is planned to be for 325 TB and will include the following crawls:

• 24 Weekly

• 6 Monthly

• 3 Extended

• 24 Weekly crawls of the U.S. Elections content

The contract is based on the TB size and price per terabyte under Library contract LCLSM21D0015 and LGD26T0002. This is also based on specific need of the Library to document the U.S. Elections occurring this year within the intended period of performance.

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

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 recently conducted a Web Harvesting IDIQ contract competition and received a post-award protest regarding its decision. As a result of this protest, work on the newly awarded contract was forced to cease, thus interrupting the Web Harvesting program functions and disrupting the need for continued urgent, high priority work during the protest period.

The Library's traditional functions to acquire, catalog, preserve, and serve collection materials of historical importance to Congress and the American people extend to digital materials, including websites. The Library acquires and makes permanently accessible born digital works that are playing an increasingly important role in the intellectual, commercial and creative life of the United States.

The Library’s Web Harvesting program, which contract harvesting services support, documents important, at-risk information published on the web. The data is ephemeral and changing, so harvesting needs are time-sensitive as archiving occurs at regular frequencies and continuously to document changes happening on the web. Websites identified for collection are at risk of disappearance. An example is campaign websites for elections which rapidly disappear after an election occurs.

Comprehensive collecting areas in 2026 include sites of Legislative Branch agencies, U.S. House and Senate offices and committees, Federal Courts, and Library of Congress websites. Other high priority content includes select Executive Branch Government websites and Indigenous Law websites. Additional highly selective content is collected as a part of the program in a variety of event and thematic collections. The Library’s web harvesting activities are informed by Library collecting policies (https://www.loc.gov/acq/devpol/ and in particular: https://www.loc.gov/acq/devpol/webarchive.pdf).

Notably during this intended sole source contract period, the United States Election 2026 Web Archive (mid-term elections) are a high priority collecting area. The period prior to the U.S. Elections (in the months ahead) document campaign website changes that occur between primary races and up through and just after the mid-term elections in November. It is critical to capture data at risk of disappearing as it is published prior to and just after the elections, before this data disappears. As the intended contract vehicle for these services is currently suspended for protest review and decision, this interim contract action is vital for the continued work for these critical harvesting areas.

The incumbent, MirrorWeb, is the only suitable contractor to meet this urgent need as they are completing their final crawls for their last task order on July 1, 2026, and already have the full crawl and transfer infrastructure established and cleared through Library program requirements and security protocols. No other contractor could successfully stand up the program and clear these requirements and protocols in time to begin performing crawls on July 1, 2026.

This is especially urgent to document the 2026 United States elections. No other business is in the position, or could possibly be in the position, to obtain these web crawls before the protest and election period ends.

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: This is a one-time need. Future contracts are and will be established via full and open competition and the Library will continue to observe the market for available contractors to fulfill these harvesting needs.

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.

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: Due to the urgent nature of this procurement and the information described above, no other sources were sought. No contractor other than the incumbent can perform on July 1 at this time.

This start date is urgent and required for the program activities to continue.

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 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: Under the original competition for their FY21 contract, MirrorWeb provided highly favorable pricing significantly below market value for these commercial services. Their prices were determined fair and reasonable at that time and are used for this urgent bridge contract while the post-award protest is reviewed and decided.

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: With favorable pricing and as the only contractor currently onboarded and situated to provide these services to the Library, MirrorWeb is the best value to the Government for this urgent need.

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.

Name

Signature

Date

James R. Robinson 06/17/2026