030ADV18R0245_-_Final_Version-_posted_to_FBO_7.3.18.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

NLS20180156

5. SOLICITATION NUMBER

030ADV18R0245

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

07/06/2018

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME Contracts & Grants

b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL

TIME

07/20/2018 12:00:00

CODE 9410

Contracts & Grants Library of Congress Contracts & Grants Management 101 Independence Ave SE LA325 Washington, DC 20540-9410

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED 0 Days: 0.00 %

0 Days: 0.00 % 0 Days: 0.00 % 0 Days: 0.00 %

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

NLSCODE15. DELIVER TO

NLS/BPH

Taylor Street Annex Washington, DC 20542

CODE 941116. ADMINISTERED BY

Office of Contracts Management Library of Congress 101 Independence Av SE LA 325 Washington, DC 20540-9411

FACILITY

CODE

CODE

Telephone No.

17a. CONTRACTOR/

OFFEROR

9411CODE18a. PAYMENT WILL BE MADE BY nlsadmin@loc.gov The Library requires invoices to be emailed Washington, DC 20540

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

(Use Reverse and/or Attach Additional Sheets as Necessary)

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Lines

25. ACCOUNTING AND APPROPRIATION DATA

LOC-2018-0141AD-C0401-5010000301010000-410101-2653-N3EN994-2018-41010131140001

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) Jacob Von Reyn

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

Document Number: 030ADV18R0245 Page 1 of 25

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 02/2012) BACK

Document Number: 030ADV18R0245 Page 2 of 25

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs B.2 LC52.216-3 Contract Type B.3 Pricing

C Descriptions/Specifications/Statement of Work C Statement of Work

D Packaging and Marking LC52.231-1 Payment of Postage Fees (May 2015) LC52.211-1 Deliveries (APR 2015)

G Contract Administration Data LC52.201-3 Contract Administration Data (AUG 2015)

H Special Contract Requirements LC52.201-1 Contracting Officer's Representative (COR) Appointment and Authority (Jan 2016) LC52.203-1 Contractor Publicity (Oct 2013) LC52.216-1 (Alt I) ORDER PLACEMENT – ALTERNATIVE ORDERING PROCEDURES (FEB 2015) LC52.201-2 Ordering Officers (OCT 2013)

I Contract Clauses 52.242-13 Bankruptcy (July 1995) 52.253-1 Computer Generated Forms (Jan 1991) 52.243-1 Changes - Fixed-Price (Aug 1987) 52.203-3 Gratuities (Apr 1984) 52.233-1 Disputes (May 2014) 52.232-25 Prompt Payment (JAN 2017)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

52.212-4 Contract Terms and Conditions, Commercial Items (JAN 2017) 52.225-1 Buy American, Supplies (MAY 2014) LC52.212-5 52.212-5 (DEV) Contract Terms And Conditions Required To Implement Statutes Or Executive Orders - Commercial Items (MAY 2015) LC52.233-1 52.233-1 (DEV) Disputes (MAY 2014) LC52.232-25 52.232-25 (DEV) Prompt Payment (Jul 2013) LC52.212-4 52.212-4 (DEV) Contract Terms and Conditions - Commercial Items (Feb 2016) 52.216-18 Ordering (OCT 1995) 52.216-19 Order Limitations (OCT 1995) 52.216-22 Indefinite Quantity (OCT 1995)

LC52.216-2 FAIR OPPORTUNITY (DEV) (FEB 2016)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders, Commercial Items (Jan 2018) 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

J List of Attachments K Representations, Certifications and Other Statements of Offerors or Respondents

52.209-7 Information Regarding Responsibility Matters (JUL 2013) 52.212-3 Offeror Representations and Certifications, Commercial Items (NOV 2017)

L Instructions, Conditions and Notices to Offerors or Respondents 52.212-1 Instructions to Offerors, Commercial Items (JAN 2017) L Instructions, Conditions and Notices to Offerors or Respondents

LC52.233-2 PROTESTS TO THE LIBRARY OF CONGRESS (DEC 2013)

52.216-27 Single or Multiple Awards (Oct 1995)

M Evaluation Factors for Award M Evaluation Factors for Award

Document Number: 030ADV18R0245 Page 3 of 25

Section B - Supplies or Services and Prices/Costs

Number Supplies or Services Quantity Unit Unit Price Total ( Inc. disc., tax, and fees)

1 Print Books 1.000000 YR

Period of Performance: 08/03/2018 - 08/02/2019

Reference Line: NLS20180156 - 0001

Pricing Options: Base

2 Print Books Option Year 1 1.000000 YR

Period of Performance: 08/03/2019 - 08/02/2020

Reference Line: NLS20180156 - 0001

Pricing Options: Option

3 Print Books Option Year 2 1.000000 YR

Period of Performance: 08/03/2020 - 08/02/2021

Reference Line: NLS20180156 - 0001

Pricing Options: Option

4 Print Books, Option Year 3 0.000000 YR

Period of Performance: 08/03/2021 - 08/02/2022

Reference Line: NLS20180156 - 0001

Pricing Options: Option

5 Print Books, Option Year 4 1.000000 YR

Period of Performance: 08/03/2022 - 08/02/2023

Reference Line: NLS20180156 - 0001

Pricing Options: Option

B.2 LC52.216-3 Contract Type

This is a multiple-award Indefinite Delivery, Indefinite Quantity (IDIQ) contract with a base year and four option years, with Firm Fixed Price Orders.

(End of clause)

B.3 Pricing

B.3.1 Contract minimum: $500.00 Contract maximum: $500,000.00

B.3.2 Pricing See and complete all fields in Attachment J.1, Pricing Worksheet

Document Number: 030ADV18R0245 Page 4 of 25

Section C - Descriptions/Specifications/Statement of Work

C Statement of Work

C.1. BACKGROUND

The Library of Congress National Library Service for the Blind and Physically Handicapped (NLS/BPH) requires contractor support to provide, as mandated by 2 U.S.C. 135a, reading materials in recorded and braille formats to U.S. residents and U.S. citizens living abroad who are unable to use conventional print materials because of visual and physical limitations. Reading materials are repro-duced and distributed under an exception to the U.S. Copyright Law called the Chafee Amendment, 17 U.S.C. 121. Each year, more than 23 million books and magazines are produced by contractors for NLS/BPH, and are distributed to a readership in excess of 500,000 through a network of over 85 regional and sub-regional libraries. These libraries are operated by states, municipalities, and other agencies. In addition, books are distributed to schools, multi-state centers, and veterans’ hospitals throughout the nation and U.S.

territories. All services and products are funded by the U.S. Congress through NLS/BPH and are shipped free to patrons in the contin-ental U.S. under the U.S. Postal Service Free Matter for the Blind and Physically Handicapped regulation.

C.2 SCOPE

The contractor shall acquire and provide print books to National Library Service for the Blind and Physically Handicapped under a multiple-award Indefinite Delivery, Indefinite Quantity (IDIQ) contract with Firm Fixed-Price orders. The Library of Congress is ob-ligated only to the extent of authorized orders actually placed against the IDIQ contracts. Approximately sixty or more orders are placed annually.

C.3 REQUIREMENTS

C.3.1 The contractor must offer an extensive inventory (600,000 or more titles) of current in-print trade books published in the United States and an extensive inventory of out-of-print and hard-to-find trade books published in the United States. The Library requires both current and out-of-print titles as well as books in Spanish published in the U.S.

C.3.2 The contractor must supply requested books in a consistent and timely manner; that is, shipped from primary warehouse within 1 to 2 days after receipt of order.

C.3.3 The contractor must use a common carrier (e.g., UPS, FedEx) rather than the U.S. Postal Service.

C.3.4 The contractor must provide adequate customer service as follows:

• Have a reliable customer-service capability and provide live personal response to queries and problems.

• Respond to requests for assistance or clarification with acknowledgment within 24 hours of receiving notification of a problem, and resolve the problem within 48 hours.

• Provide live response to the Library during the Library's business hours, which are between 9:30 am and 4:30 pm, Mondays through Fridays, except Federal holidays or when the Government facility is closed due to local or national emer-gencies, administrative closings,or similar Government-directed facility closings.

C.3.5 The contractor must offer online ordering with sophisticated selection tools that allow collaboration among NLS staff as they build shared carts. These tools must allow NLS staff to see when something was ordered and by whom.

C.4 CONTRACT PERFORMANCE

C.4.1 Schedule of Deliverables

C.5. ADDITIONAL INFORMATION

C.5.1 Place of Performance The work to be performed under the contract will be performed at the contractor’s facility.

Paragraph Reference Description of Event/ Deliverable

Due Date

C.3.1 Shipment of Books on hand in warehouse

Within 2 days of receipt of online order

C.3.1 Contractor shall make reas-onable effort to acquire books not on hand in ware-hous

Within 15 days after orders are issued

Associated Lines:

Document Number: 030ADV18R0245 Page 5 of 25

Section D - Packaging and Marking

LC52.231-1 Payment of Postage Fees (May 2015)

All postage and fees related to submission of information, including forms, and reports, etc., to the Contracting Officer or Contracting Officer’s Representative (COR) or other persons designated to receive, shall be paid by the Contractor.

(End of clause)

LC52.211-1 Deliveries (APR 2015)

All deliveries submitted to the CO or the COR or other Library personnel designated to receive deliverables shall clearly indicate the following information:

a. Agency/Requiring Library Service Unit and MAIL STOP/Room Number

b. Description of information/data being submitted

c. Contract Number

d. Contractor Name and Address

(End of clause)

PERIOD OF PERFORMANCE

ITEM START END

1 08/03/2018 08/02/2019

2 08/03/2019 08/02/2020

3 08/03/2020 08/02/2021

4 08/03/2021 08/02/2022

5 08/03/2022 08/02/2023

Section G - Contract Administration Data

LC52.201-3 Contract Administration Data (AUG 2015)

This contract will be administered by:

Library Contracting Officer Jake von Reyn The Library of Congress Office of Contracts & Grants Management 101 Independence Ave., S.E.

Washington D.C. 20540-9414 Phone: (202) 707-0589 E-mail:jare@loc.gov

Library Contract Specialist David Franklin The Library of Congress Office of Contracts & Grants Management 101 Independence Ave., S.E.

Washington D.C. 20540-9414 Phone: (202) 707-8613 E-mail:dfran@loc.gov

Library Contracting Officer's Representative

TO BE PROVIDED AT TIME OF AWARD

101 Independence Ave., S.E.

Washington D.C. 20540-9414

Document Number: 030ADV18R0245 Page 6 of 25

E-mail: TO BE PROVIDED AT TIME OF AWARD Phone: TO BE PROVIDED AT TIME OF AWARD

Vendor Contract Administrator Name: TO BE PROVIDED AT TIME OF AWARD Phone: TO BE PROVIDED AT TIME OF AWARD E-mail: TO BE PROVIDED AT TIME OF AWARD

G.2 LC52.232-1 (Alt I) LIBRARY OF CONGRESS INVOICE INSTRUCTIONS (FEB 2016)

The Contractor must prepare and submit invoices electronically to: nlsadmin@loc.gov. The Contractor may submit payment requests using other than electronic means only when alternate procedures are authorized by the contracting officer in writing.

(End of clause) G.3 Invoicing Contractor shall be paid by order within 30 days after inspection and acceptance of deliverables.

All invoices and delivery tickets must be itemized, cite purchase order and job number, and be submitted electronically to the NLS Administrative Section for verification.

Section H - Special Contract Requirements

LC52.201-1 Contracting Officer's Representative (COR) Appointment and Authority (Jan 2016)

(a) Performance of work under this contract is subject to the technical direction of the COR. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the contract are accomplished satisfactorily.

(b) Technical direction must be within the scope of the contract specification(s)/work statement. The COR does not have authority to issue technical direction that:

(1) Constitutes additional work outside the contract specification(s)/work statement;

(2) Constitutes a change as defined in the “Changes” clause of this contract;

(3) Causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or

(6) Directs, supervises or otherwise controls the actions of the contractor's employees.

(c) Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.

(d) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opin-ion of the contractor, any direction of the COR or the designated representative falls within the limitations of (b) above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.

(e) Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the “Disputes” clause of this contract.

(End of clause)

LC52.203-1 Contractor Publicity (Oct 2013)

The Contractor, or any entity or representative acting on behalf of the Contractor, may not refer to the equipment or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or

Document Number: 030ADV18R0245 Page 7 of 25 commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer. Should any reference to such equipment or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government will consider institution of all remedies available under applicable law.

(End of clause)

LC52.216-1 (Alt I) ORDER PLACEMENT – ALTERNATIVE ORDERING PROCEDURES (FEB 2015)

Orders will be issued by the contracting officer in accordance with LC52.216-1, or via purchase card by purchase card holders up to the micropurchase threshold, or such other dollar threshold if so indicated in the clause at LC52.201-2 ORDERING OFFICERS. All purchase card orders are subject to the terms and conditions of this contract. In the event of a conflict between an order and this con-tract, the contract shall control. The contractor shall not accept orders which exceed the “not-to-exceed” amount of the contract or which are placed after the end of the contract ordering period.

(End of clause)

LC52.201-2 Ordering Officers (OCT 2013)

(a) Contracting officer's ordering representatives, "Ordering Officers" specifically designated for this contract, are authorized to place orders expressly within the terms and conditions of this contract. Purchase card holders placing purchases under the micropurchase threshold need not be specifically designated herein, but may place orders pursuant to LC52.216-1 (Alt 1), Alternative Ordering Pro-cedures.

(b) Specifically, Ordering Officers may not:

(1) Make any changes to the terms or conditions of the contract or order;

(2) Order or accept supplies or services not expressly within the scope of the contract;

(3) Issue instructions to the contractor to perform work that is outside the scope of the contract;

(4) Authorize delivery or disposition of Library property not authorized by the contract; or

(5) Re-delegate Ordering Officer authority.

(c) The Library is not obligated to pay for orders for products or services not included within the scope of this contract and clause.

(d) The following Library employees are designated contracting officer's ordering representatives authorized to place orders via pur-chase card, or purchase order via OF 347 above the micropurchase threshold under this contract:

Name Title Contact Information Order Limit Purchase Card Holders Identified at Time of Order Identified at Time of Order Micro-Purchase Threshold (FAR 2.1) Ordering Officer(s) (TBD) (TBD) (TBD) (TBD)

(End of clause)

Section I - Contract Clauses

Clause Title Fill-ins Associated Lines

52.242-13 Bankruptcy (July 1995)

52.253-1 Computer Generated Forms (Jan 1991)

52.243-1 Changes - Fixed-Price (Aug 1987)

52.203-3 Gratuities (Apr 1984)

52.233-1 Disputes (May 2014)

52.232-25 Prompt Payment (JAN 2017)

52.209-7 INFORMATION REGARDING RESPONSIBILITY

MATTERS (JUL 2013)

Document Number: 030ADV18R0245 Page 8 of 25

Clause Title Fill-ins Associated Lines

52.212-4 Contract Terms and Conditions, Commercial Items

(JAN 2017)

52.225-1 Buy American, Supplies (MAY 2014)

LC52.212-5 52.212-5 (DEV) Contract Terms And Conditions Required To Implement Statutes Or Executive Orders - Commercial Items (MAY 2015)

(a) FAR 52.212-5, The clause is modified as follows:

(1) The Librarian of Congress has the same rights and access provided to the Comptroller General in FAR 52.212-5.

(End of clause)

LC52.233-1 52.233-1 (DEV) Disputes (MAY 2014)

To reflect the provisions of the Legislative Branch Appropriations Act, 2008 (Pub. L. 110-161, div. H., title I, § 1501, Dec. 26, 2007, 121 Stat. 2249, 31 U.S.C. § 702 note), the clause is modified as follows:

(1) The amount in sections (c), (d)(2)(i), and (e) is $50,000 instead of $100,000.

See also regulations of the Government Accountability Office Contract Appeals Board at 4 C.F.R. part 22.

(End of clause)

LC52.232-25 52.232-25 (DEV) Prompt Payment (Jul 2013)

The Library of Congress is not an agency subject to the Prompt Payment Act. 31 U.S.C 3901(a)(1). The clause is modified as follows.

(1) The following new paragraph (iv) is added to the conditions for paying interest penalty payments in section (a)(4): “(a)(4)(iv) The contract or purchase order contained a provision that expressly required the Library of Congress to pay an interest penalty.”

(2) The reference in section (a)(5)(ii) to the Disputes clause at FAR 52.233-1 refers to the clause as modified by the Library.

(3) Section (a)(6) is replaced with the following: “Interest penalty payments shall be handled in accordance with the prompt Payment clause at FAR 52.232-25 as modified by the Library.”

(4) Section (b) relating to Contract Financing Payment is deleted.

(End of clause)

LC52.212-4 52.212-4 (DEV) Contract Terms and Conditions - Commercial Items (Feb 2016)

(a) FAR 52.212-4, Contract Terms and Conditions – Commercial Items. The clause is modified as follows:

(1) The Library will apply FAR 52.243-1 (Changes – Fixed Price) to any changes under this contract instead of section (c).

(2) The reference in section (d) to the Disputes clause at FAR 52.233-1 refers to the clause as modified by the Library.

(3) The references in section (g)(2) and (i)(2) to the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 C.F.R. part 1315 refer instead to the Prompt Payment clause at FAR 52.232-25 as modified by the Library.

Document Number: 030ADV18R0245 Page 9 of 25

(End of clause)

52.216-18 Ordering (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of orders by the individuals or activities designated in the Schedule. Such orders may be issued from August 3, 2018 through August 2, 2023.

(b) All orders are subject to the terms and conditions of this contract. In the event of conflict between an order and this contract, the contract shall control.

(c) If mailed, an order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by fac-simile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

52.216-19 Order Limitations (OCT 1995)

(a) Minimum order. When the Government requires titles covered by this contract in an amount of less than $50.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $1,000.00;

(2) Any order for a combination of items in excess of $5,000.00; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in para-graph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21of the Federal Acquisition Regula-tion (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limita-tions in paragraph (b), unless that order (or orders) is returned to the ordering office within 30 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quant-ity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of or-ders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple loca-tions.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Con-tractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Con-tractor shall not be required to make any deliveries under this contract after August 2, 2024.

(End of clause)

Document Number: 030ADV18R0245 Page 10 of 25

LC52.216-2 FAIR OPPORTUNITY (DEV) (FEB 2016)

LC52.216-2 FAIR OPPORTUNITY (DEV) (FEB 2016)

Orders will be issued by the Library in writing. The Library will generally issue orders for work identified in this contract based on a review of contractors’ catalogs. However, the Library may solicit proposals instead.

When issuing orders, the Library will make a best value/trade-off determination based upon product availability and price. The Lib-rary may also consider capacity and past performance.

All orders are subject to the terms and conditions of this contract. In the event of a conflict between an order and this contract, the con-tract shall control.

The contractor shall not accept orders which exceed the "not-to-exceed" amount of the contract or which are placed after the end of the contract ordering period.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders, Commercial Items (Jan 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this con-tract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Divi-sion E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(3) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incor-porated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C.

6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13) [Reserved] __ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

Document Number: 030ADV18R0245 Page 11 of 25

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Nov 2016) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

_X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C.

6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O.

13693).

__ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (46) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Of-fice of Foreign Assets Control of the Department of the Treasury).

__ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)).

__ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10

Document Number: 030ADV18R0245 Page 12 of 25

U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Con-tracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Ser-vices—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Con-tractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relat-ing to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to ap-peals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made avail-able until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indic-ated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Divi-sion E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting oppor-tunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph

(l) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down re-quired in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xii) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

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(xvii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xviii)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in ac-cordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C.

2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Govern-ment gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The prelimin-ary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of clause)

Section J - List of Attachments Identifier Title Date Number of

Pages 1 Pricing Worksheet 05/25/2018 2

Section K - Representations, Certifications and Other Statements of Offerors or Respondents

52.209-7 Information Regarding Responsibility Matters (JUL 2013)

52.209-7 Information Regarding Responsibility Matters

(a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or li-ability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site vis-its, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or re-quirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the informa-tion it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or per-formance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

Document Number: 030ADV18R0245 Page 14 of 25

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitu-tion, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database viahttps://www.acquisition.gov(see 52.204-7).

(End of provision)

52.212-3 Offeror Representations and Certifications, Commercial Items (NOV 2017)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certifica-tion electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation”, means a foreign incorporated entity that meets the definition of an inverted domestic corporation un-der 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except.

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate.

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted…