030ADV19Q0098_-_Fundraising_Consultant.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

LBN20190053

5. SOLICITATION NUMBER

030ADV19Q0098

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

DATE

01/04/2019

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME Office of Contracts Management

b. TELEPHONE NUMBER (No collect calls) 202-707-0400

8. OFFER DUE DATE / LOCAL

TIME

01/25/2019 12:00:00

CODE 9411

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

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

X RFQ IFB RFP

14. METHOD OF SOLICITATION

9413CODE15. DELIVER TO

Library of Congress/Madison Receiving 101 Independence Ave SE Washington, DC 20540

CODE 941116. ADMINISTERED BY

Office of Contracts Management Library of Congress 101 Independence Ave SE LA325 Washington, DC 20540-9411

FACILITY

CODE

CODE

Telephone No.

17a. CONTRACTOR/

OFFEROR

9411CODE18a. PAYMENT WILL BE MADE BY Submit Invoices through https://www.ipp.gov Submit Invoices through https://www.ipp.gov 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

See Line Item Detail

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) Moji Adejuwon

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

1 : :

1 : :

Document Number: 030ADV19Q0098 Page 1 of 28

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: 030ADV19Q0098 Page 2 of 28

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs LC52.216-3 Contract Type (JUN 2016)

C Descriptions/Specifications/Statement of Work Section C Descriptions and Specifications

D Packaging and Marking LC52.211-1 Deliveries (APR 2015)

E Inspection and Acceptance Section E Inspection and Acceptance

F Deliveries or Performance LC52.215-5 Place and Period of Performance (May 2017) Section F Schedule of Deliverables

G Contract Administration Data LC52.201-3 Contract Administration (AUG 2015) LC52.232-1 Library of Congress Invoice Instructions (Oct 2016) LC52.232-2 Schedule of Payments (JUN 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) LC52.209-1 Conflicts of Interest (Oct 2013)

I Contract Clauses 52.212-4 Contract Terms and Conditions--Commercial Items (Oct 2018) 52.232-25 Prompt Payment (Jan 2017) 52.233-1 Disputes (May 2014) 52.242-13 Bankruptcy (July 1995) 52.212-5 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders

– Commercial Items (OCT 2018) LC52.212-4 52.212-4 (DEV) Contract Terms and Conditions - Commercial Items (Feb 2016) LC52.212-5 52.212-5 (DEV) Contract Terms And Conditions Required To Implement Statutes Or Executive Orders - Commercial Items (MAY 2015) LC52.227-1 Assignment of Copyright by the Contractor to the Library (Dec 2001) LC52.232-25 52.232-25 (DEV) Prompt Payment (Jul 2013) LC52.233-1 52.233-1 (DEV) Disputes (MAY 2014)

K Representations, Certifications and Other Statements of Offerors or Respondents 52.212-3 Offeror Representations and Certifications--Commercial Items (Oct 2018)

L Instructions, Conditions and Notices to Offerors or Respondents LC52.233-2 Protests to the Library of Congress (Dec 2013) Section L Instructions, Conditions and Notices to Offerors or Respondents

M Evaluation Factors for Award Section M Evaluation Factors for Award

Document Number: 030ADV19Q0098 Page 3 of 28

Section B - Supplies or Services and Prices/Costs

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

1 Fundraising Consultant Firm Services 1.000000 JOB

Period of Performance: 02/15/2019 - 05/31/2019

Reference Line: LBN20190053 - 0001

Pricing Options: Base

LC52.216-3 Contract Type (JUN 2016)

This is a firm fixed price contract using Simplified Acquisition Procedures.

(End of Clause)

Section C - Descriptions/Specifications/Statement of Work

Section C Descriptions and Specifications

1. BACKGROUND

THE LIBRARY OF CONGRESS

Created by Congress in 1800, the Library of Congress is the major legislative library of the US Congress and the Supreme Court, the nation’s copyright agency and the world’s largest library: unique in the world and unmatched by any other research library in collec-tions and scope.

The Library of Congress occupies an important crossroads in American life, a place where the nation’s political and literary cultures intersect. Since the opening of its Thomas Jefferson Building in 1897, it has served as America’s de facto national library, a multifa-ceted cultural institution, an international leader in library and copyright matters, and an important innovator and partner in electronic and digital network development.

The Library’s unparalleled book, manuscript, music, map, sound recording, television, film, and graphic arts collections are the heart of the institution. The Library holds some of the world’s largest collections in almost all languages and media, from sheet music to comic books; founding documents such as Thomas Jefferson’s handwritten draft of the Declaration of Independence; the papers of twenty-three presidents; and the works of eminent Americans such as Samuel Morse, Frederick Douglass, Clara Barton, Carl Sagan, Leonard Bernstein, Bob Hope, and Thurgood Marshall. Just as important as the collection is the Library’s unsurpassed staff, com-prised of dedicated specialists and skilled and loyal individuals who both care for the collections and each year respond to millions of requests and visitors, both in person and online.

The purchase in 1815 of Thomas Jefferson’s wide-ranging personal library became the foundation of the modern Library of Congress.

The Jeffersonian concept of a universal library covering all subjects is the basis of the Library’s comprehensive collecting policies.

Jefferson’s belief that democracy depends on free access to knowledge eventually ensured the availability of the Library’s rich collec-tions and extensive services not only to Congress, but also to the nation and to the entire world.

The Library relies on both Federal and private dollars to care for its collections and exhibits, to create educational programming and present festivals and special programs. The US Congress provides a majority of the Library's $800 million budget but private donors are playing an increasingly important role in providing the resources necessary for the Library's exhibits and programming. On aver-age, the LOC raises between $7 million and $15 million annually in private support for exhibits, acquisitions, the National Book Fest-ival, fellowships, and Awards ceremonies.

Document Number: 030ADV19Q0098 Page 4 of 28

The Librarian of Congress, Carla Hayden envisions the Library of Congress “as a place where we grow scholars, where we inspire young authors, where we connect with those individuals outside the limits of Washington and help them make history themselves.

This is a place where you can touch history and imagine your future.”

The Library of Congress Development Office conducts, coordinates, and tracks fundraising activities to support the Librarian’s priorit-ies, including acquisitions, cultural programs, educational outreach activities, and events.

ENHANCING THE VISITOR EXPERIENCE

There are three (3) Library Buildings located in Washington, D.C., on Capitol Hill. The newest is the James Madison Building, the second is the John Adams Building and the oldest is the Thomas Jefferson Building. There are also other off-site Library facilities that mainly serve as collection storage. The primary focus of the Library’s future fundraising will be to enhance the visitor experience within the Thomas Jefferson Building. Attention will be given to the Adams and Madison Buildings on a more limited scope.

When its doors opened to the public in 1897, the Library of Congress represented an unparalleled national achievement: its twenty-three-karat-gold-plated dome capped the “largest, costliest, and safest” library building in the world. Its elaborately decorated interior, embellished by works of art from more than forty American painters and sculptors, linked the United States to classical traditions of learning and simultaneously flexed American cultural and technological muscle . . . This new national “temple,” also a celebration of the American belief in knowledge-based democracy, immediately met with overwhelming approval from politicians and public alike.

The attention and appreciation deservedly given to the art and architecture of the Library of Congress building (known since 1980 as the Thomas Jefferson Building) sometimes obscures an important fact: it was built specifically to serve as the American national lib-rary and its architecture and decoration both express and enhance this fundamental purpose.”

Each year more than 1.9 million onsite visitors and users visit the Jefferson Building accessing its collections and learning from its ex-hibits. These exhibits, housed in nine galleries covering 19,000 square feet, have covered in the past few years a vast array of topics including the creation of the United States, the bicentennial of Abraham Lincoln’s birth, the American Civil War, the Abel Buell Map of the U.S., the 800th anniversary of Magna Carta, the 50th anniversary of the Civil Rights Act of 1964, and have showcased treasures from the Library’s collections. Yet, these spaces, some of which are more than 20 years old are in need of upgrading, re-imagining and enhancing. The Library plans to create exhibits that showcase the collections in engaging ways that inspire learning and offer casual and repeat visitors the opportunity to interact directly with the Library's collections.

Education and Learning are at the heart of the Library’s mission. The Library plans to create an expanded Learning Center. The ex-isting Young Readers Center continues to grow in popularity with new programs and activities for children and families that attract more than 40,000 visitors each year. The Center hosts a beloved series of story times intended especially for children up to age 5.

Story times feature reading, music, and special guest authors. The Center also partners with children’s authors and with the Librarian of Congress to present their latest stories or as part of a themed presentation. The Library envisions expanding the center into a more encompassing Learning Center for families and children.

In 2018, the U.S. Congress provided funding for the Library to develop the initial Master Plan to re-envision the visitor experience.

This long-range plan proposes adaptations, redefinitions and improvements of public spaces in the Library of Congress’ Capitol Hill buildings in order to enhance the visitor experience in a contemporary context—reconsidering our approach to exhibitions and public programs and incorporating lessons learned from other relevant educational/cultural institutions as we move forward.

The U.S. Congress has provided an initial investment for the implementation of the new visitor experience plan, but requires that the fulfillment of the Master Plan be a public-private venture with the Library raising additional private funds. The Library welcomes this opportunity to reach out to the philanthropic community, build greater national awareness and involvement in its mission and engage individuals, corporations and foundations in this exciting and monumental new phase of the Library’s growth. This will be the Lib-rary’s first-ever major capital campaign.

The Library of Congress (LOC) needs a contractor with expertise in developing and conducting major cultural and library fund raising campaigns to provide a fundraising plan and a case statement.

2. SCOPE

The Contractor shall provide a Fundraising Plan and a Case Statement.

3. REQUIREMENTS

Document Number: 030ADV19Q0098 Page 5 of 28

3.1 Fundraising Plan

Contractor shall provide a fundraising plan that includes recommendations for a Library of Congress-wide comprehensive national fundraising campaign. Contractor shall develop and produce a campaign fundraising plan including the evaluation of a fundraising goal.

The Contractor shall:

3.1.1 Propose and develop the campaign case statement

3.1.2 Assess the current Development structure and resources, and develop requirements for staffing levels and other infrastructure resources to effectively support the campaign. The Library's Development Office currently consists of an Acting Director, Executive Director, two Senior Development Officers, a Grants Management Specialist, a Senior Program Analyst and two Development Spe-cialists.

3.1.3 Advise how to leverage the strength of the Library’s existing fundraising operation

3.1.4 Identify and recommend activities that should be completed in advance of a campaign and/or steps necessary to prepare for the campaign

3.1.5 Assess volunteer leadership gift capacity

3.1.6 Provide the methodology for identification and development of lead and major gift prospects

3.1.7 Provide solicitation strategies for initial major donors

3.1.8 Propose likely campaign start and end dates

3.1.9 Assess the potential for compelling naming opportunities. The Contractor can only make suggestions.

3.1.10 Identify marketing and communication strategies and publications

3.1.11. Conduct 15–20 interviews with the Library’s key staff, and relevant stakeholders about their goals and intentions; facilitate discussion around key questions at play and review documents including the Library’s strategic plan. Allow for one half-day onsite visit per week (14 weeks x 4 hours = 7 working days) for interviews, meetings with staff, and general observations.

3.2 Case Statement

Contractor shall provide a Case Statement. The Case Statement shall be a forward-looking document, which represents the Library of Congress and specifically the Visitor Experience Master Plan as a compelling fundraising objective. The Case Statement shall incor-porate vivid imagery, articulate the impact the completed enhanced Visitor Experience will have and the special place the Library of Congress holds in America today, and, must appeal to a wide range of stakeholders including Members of Congress. The Case State-ment shall:

3.2.1 Provide a concise description of the fundraising project. Include services to be provided, total campaign cost, suggested capital campaign goal and any other detail required to briefly describe the project.

3.2.2 Address the need for the implementation of the Master Plan in the nation’s capital and for the expanded services benefits that the project will provide.

3.2.3 Describe how the Library’s mission will be furthered by completion of the Master Plan to re-envision the visitor experience.

3.2.4 Identify the elements in the Library’s strategic plan that will be addressed, enhanced, met by completion of the master plan.

3.2.5 Describe how the Library will better serve the public when the project is completed and the capital campaign is successful.

4. OTHER REQUIREMENTS

4.1 The Library will obtain all copyright in the plans, reports, and information submitted by the contractor with the right to repro-duce, distribute internally and to external parties, and otherwise use the materials for the anticipated campaign.

4.2 Meetings and Reports

a) Contractor shall coordinate and hold meetings with Library Stakeholders as stated in the Deliverables Report in Section F or as re-

Document Number: 030ADV19Q0098 Page 6 of 28 quested by the COR.

b) The Contractor shall provide status reports every two weeks as stated in the Deliverables Report in Section F. This report shall re-view the work progress to date and include interim reports for each report required under this contract.

Section D - Packaging and Marking

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)

Section E - Inspection and Acceptance

Section E Inspection and Acceptance

F.1 Deliverable Formats: All written deliverable products shall be submitted electronically in either Microsoft Office or Adobe formats for the COR’s review and comment.

F.2 Quality Standards: All deliverables must be suitable for forwarding to executive management, which includes professional ana-lyses free from grammatical and typographical errors and in accordance with following general quality measures:

a) Accuracy – Deliverables shall be accurate in presentation, technical content, and adherence to accepted elements of style.

b) Clarity – Work products shall clear and concise. Any/All diagrams shall be easy to understand and be relevant to the supporting narrative.

c) Consistency to Requirements – All work products must satisfy the requirements of the contract.

d) File Editing – All text and diagrammatic files shall be editable by the Library.

e) Format – Deliverables shall be submitted in media mutually agreed upon prior to submission.

f) Timeliness – Deliverables shall be submitted on or before the due date specified in this contract or as described in assigned tasks or submitted in accordance with a latter scheduled date determined by or approved by the Library.

Section F - Deliveries or Performance

PERIOD OF PERFORMANCE

ITEM START END

1 02/15/2019 05/31/2019

LC52.215-5 Place and Period of Performance (May 2017)

The overall period of performance shall be as stated in section B.

The contractor is responsible for determining its hours of operation in fulfilling the requirements of this con-

Document Number: 030ADV19Q0098 Page 7 of 28 tract. The Library’s standard operating hours are from 8:30 AM through 5:00 PM excluding federal holidays.

The contractor shall coordinate with the COR for any work to be conducted at Library facilities.

Place of Performance onsite at the Library of Congress when attending meetings and at the contractor's usual place of business

(End of Clause)

Section F Schedule of Deliverables

F.1 Schedule of Deliverables

Deliverable number

Description of Deliverable Due Date

1 Kickoff meeting at LOC within 1 week of the period of performance start date

2 Meetings and Status Reports Every two weeks during the peri-od of Performance starting after the Kickoff meeting

3 Interviews: Submit an interim report - meeting minutes and research brief summarizing investigations and findings

3/15/2019, 4/152019 and 5/15/2019

4 Interviews: Submit final report - meeting minutes and re-search brief summarizing investigations and findings

5/31/2019

5 Case Statement - Draft No later than 4/30/2019 6 Fundraising Plan - Draft No later than 4/30/2019 7 Case Statement - Final 5/31/2019 8 Fundraising Plan – Final 5/31/2019

Section G - Contract Administration Data

LC52.201-3 Contract Administration (AUG 2015)

This contract will be administered by:

Library Contracting Officer Mojisola Adejuwon The Library of Congress Office of Contracts & Grants Management 101 Independence Ave., S.E.

Washington D.C. 20540-9414 Phone: (202) 707-0400 Email: moad@loc.gov

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

Washington D.C. 20540-9414 Phone: (202) 707-0925 Email: jzwa@loc.gov

Library Contracting Officer Representative To be determined upon award Phone: [Fill-in COR phone] Email: [Fill-in COR email]

Contractor Contract Administrator To be determined upon award Phone: [Fill-in Contract Administrator phone] Email: [Fill-in Contract Administrator email]

Document Number: 030ADV19Q0098 Page 8 of 28

(End of clause)

LC52.232-1 Library of Congress Invoice Instructions (Oct 2016)

The Contractor must prepare and submit invoices electronically to: https://www.ipp.gov. The Contractor may submit payment requests using other than electronic means only when alternate procedures are authorized by the contracting officer in writing. Assistance is available via the IPP Help Desk via email at: ippgroup@bos.frb.org or by commercial telephone at (866) 973-3131. Invoices shall contain the information required in FAR 52.212-4, paragraph (g).

(End of Clause)

LC52.232-2 Schedule of Payments (JUN 2015)

The contractor must submit invoices for payment upon delivery of the items or successful performance of the events identified below pursuant to the standards and acceptance criteria defined in this contract.

[Identify schedule of payments and associated deliverables, milestones, events]

Deliverable/Event Date Case Statement and Fundraising Plan - Final Upon final acceptance by the COR

(End of clause)

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

Document Number: 030ADV19Q0098 Page 9 of 28 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 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)

LC52.209-1 Conflicts of Interest (Oct 2013)

The services required in performance of this contract involve access to non-public information and/or services that are closely associ-ated with the performance of inherently governmental functions that may result in conflicts of interest related to this contract, other contracts, or future contracts for which the contractor may intend to compete. Federal Acquisition Regulation subpart 9.5 describes circumstances and provides illustrative examples of circumstances that may give rise to conflicts of interest.

The Contractor must identify to the contracting officer any conflicts of interest, actual or potential, that may reasonably be expected to arise in performance of this contract. The contractor must provide a detailed written description of the conflict of interest and a plan explaining any and all steps the Contractor will undertake to avoid or mitigate the conflict. Failure to disclose actual or potential con-flicts of interest may subject the Contractor to corrective action including but not limited to termination of this contract, debarment of the contractor, and/or other appropriate civil or criminal actions.

It is solely within the discretion of the Library to determine whether or not a conflict of interest exists and whether any mitigation plan submitted by the Contractor mitigates a conflict.

The Contractor shall include this clause in all subcontracts, consultant agreements, and lower tier subcontracts unless a waiver is gran-ted by the Contracting Officer.

(End of clause)

Section I - Contract Clauses

Clause Title Fill-ins

52.212-4 Contract Terms and Conditions--Commercial Items (Oct 2018)

52.232-25 Prompt Payment (Jan 2017)

52.233-1 Disputes (May 2014)

52.242-13 Bankruptcy (July 1995)

52.212-5 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (OCT 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)52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(2)52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Divi-

Document Number: 030ADV19Q0098 Page 10 of 28 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)).

(3)52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4)52.233-3, Protest After Award (Aug 1996) (31U.S.C.3553).

(5)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.]

__ (1)52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C.4704and10 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 2018) (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 (Oct 2018) (41 U.S.C.

2313http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim).

__ (10) [Reserved].

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

(i) Alternate I (Nov 2011) of52.219-3.

__ (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) of52.219-4.

__ (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) of52.219-7.

(iii) Alternate II (Mar 2004) of52.219-7.

__ (16)52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2)and (3)).

__ (17) (i)52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4))

(ii) Alternate I (Jan 2017) of52.219-9.

(iii) Alternate II (Nov 2016) of52.219-9.

(iv) Alternate III (Nov 2016) of52.219-9.

(v) Alternate IV (Aug 2018) of52.219-9 __ (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-Subcontracting 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. 657f).

__ (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 (Dec2015) (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).

Document Number: 030ADV19Q0098 Page 11 of 28

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

(ii) Alternate I (Feb 1999) of52.222-26.

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

(i) Alternate I (July 2014) of52.222-35.

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

(ii) Alternate I (July 2014) of52.222-36.

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

__ (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 78and E.O. 13627).

(ii) Alternate I (Mar 2015) of52.222-50(22 U.S.C. chapter 78and 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 in22.1803.)

__ (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) of52.223-9(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 (Jun2016) (E.O.

13693).

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

(i) Alternate I (Oct 2015) of52.223-13.

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

(ii) Alternate I (Jun2014) of52.223-14.

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

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

(i) Alternate I (Jun 2014) of52.223-16.

_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 (Jun2016) (E.O. 13693).

__ (45)52.224-3Privacy Training (Jan2017) (5 U.S.C. 552a).

(i) Alternate I (Jan 2017) of52.224-3.

__ (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.

3301note,19 U.S.C. 2112note,19 U.S.C. 3805note,19 U.S.C. 4001note, 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) of52.225-3.

(iii) Alternate II (May 2014) of52.225-3.

(iv) Alternate III (May 2014) of52.225-3.

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

_X_ (49)52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office 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 (Nov2007) (42 U.S.C. 5150).

__ (52)52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (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 (Jan2017) (41 U.S.C.4505,10 U.S.C.2307(f)).

_X_ (55)52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (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)and10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of52.247-64.

__ (iii) Alternate II (Feb 2006) of52.247-64.

(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 (Aug 2018) (41 U.S.C. chapter 67).

__ (3)52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206and41 U.S.C. chapter 67).

Document Number: 030ADV19Q0098 Page 12 of 28

__ (4)52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Con-tracts) (Aug 2014) (29 U.S.C. 206and41 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.206and41 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 Services-Re-quirements (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).

(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 at52.215-2, 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 3years after final payment under this contract or for any shorter period specified in FARsubpart 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 indicated 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 Division 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)52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv)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 include52.219-8in lower tier subcontracts that offer subcontracting oppor-tunities.

(v)52.222-17, Nondisplacement of Qualified Workers (May2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause52.222-17.

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

(vii)52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

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

(ix)52.222-36, Equal Opportunity for Workers with Disabilities (Jul2014) (29 U.S.C.793).

(x)52.222-37, Employment Reports on Veterans (Feb2016) (38 U.S.C.4212) (xi)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 clause52.222-40.

(xii)52.222-41, Service Contract Labor Standards (Aug2014) (41 U.S.C. chapter 67).

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

(B) Alternate I (Mar2015) of52.222-50(22 U.S.C. chapter 78 and E.O 13627).

(xiv)52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C.chapter 67).

(xv)52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May2014) (41 U.S.C.chapter 67).

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

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

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

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

(A) Alternate I (Jan 2017) of52.224-3.

(xx)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).

(xxi)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 clause52.226-6.

Document Number: 030ADV19Q0098 Page 13 of 28

(xxii)52.247-64, Preferencefor Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.1241(b)and10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause52.247-64.

(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)

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.

(End of clause)

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)

LC52.227-1 Assignment of Copyright by the Contractor to the Library (Dec 2001)

The Contractor hereby transfers and assigns to the Library any and all rights in the works produced under the contract including but not limited to copyrights. As the sole owner of the works produced under the contract, the Library will exercise all exclusive rights in the works, including but not limited to the right to distribute the Work, consistent with the Library’s ownership rights, including copy-rights.

The contractor must include a similar clause into any subcontract under this contract.

(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.”

Document Number: 030ADV19Q0098 Page 14 of 28

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

(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)

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

52.212-3 Offeror Representations and Certifications--Commercial Items (Oct 2018)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certifica-tion electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not com-pleted 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;

Document Number: 030ADV19Q0098 Page 15 of 28

(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.