030ADV190225_-_Cinema_Projection_Equipment_Maintenance,_final.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

LSC20190229

5. SOLICITATION NUMBER

030ADV19Q0225

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

DATE

04/12/2019

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME Office of Contracts Management

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

TIME

04/26/2019 17:00:00

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

RFQ IFB X RFP

14. METHOD OF SOLICITATION

NAVCCCODE15. DELIVER TO

Library of Congress

MBRS-NAVCC

19053 Mt Pony Rd Culpeper, VA 22701

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 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) 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

1 : :

1 : :

Document Number: 030ADV19Q0225 Page 1 of 26

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: 030ADV19Q0225 Page 2 of 26

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs 1 B - Supplies and Services LC52.216-3 Contract Type (JUN 2016)

C Descriptions/Specifications/Statement of Work 1 Section C: Description, Specification, Statement of Work

F Deliveries or Performance 1 Deliveries or Performance

G Contract Administration Data LC52.201-3 Contract Administration (AUG 2015) LC52.232-1 Library of Congress Invoicing Instructions (Oct. 2016)

H Special Contract Requirements LC52.203-1 Contractor Publicity (Oct 2013) LC52.237-1 Key Personnel (Aug 2014) 52.217-7 Option for Increased Quantity - Separately Priced Line Item (Mar 1989)

I Contract Clauses 52.253-1 Computer Generated Forms (Jan 1991) 52.232-25 Prompt Payment (Jan 2017) 52.233-1 Disputes (May 2014) 52.212-4 Contract Terms and Conditions--Commercial Items (Jan 2017) 52.203-3 Gratuities (Apr 1984) 52.242-13 Bankruptcy (July 1995) 52.245-9 Use and Charges (Apr 2012) 52.245-1 Government Property (Jan 2017) 52.217-8 Option to Extend Services (Nov 1999) 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) LC52.232-25 52.232-25 (DEV) Prompt Payment (Jul 2013) LC52.233-1 52.233-1 (DEV) Disputes (MAY 2014) 52.216-18 Ordering (Oct 1995) 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders -- Commercial Items (Oct 2018)

52.201-1 CONTRACTING OFFICER’S REPRESENTATIVE (COR) APPOINTMENT AND

AUTHORITY (JAN 2016)

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) LOC.2 Additional Instructions to Offerors 52.216-27 Single or Multiple Awards (Oct 1995)

M Evaluation Factors for Award 1 Evaluation Factors for Award

Document Number: 030ADV19Q0225 Page 3 of 26

Section B - Supplies or Services and Prices/Costs

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

1 Cinema Equipment Maintenance - Base Year 1.000000 YR

Period of Performance: 06/01/2019 - 05/31/2020

Description: Regular Annual Maintenance

Reference Line: LSC20190229 - 0001

Pricing Options: Base

2 Cinema Equipment Maintenance - Option Year 1 1.000000 YR

Period of Performance: 06/01/2020 - 05/31/2021

Description: Regular Annual Maintenance

Reference Line: LSC20190229 - 0001

Pricing Options: Option

3 Cinema Equipment Maintenance - Option Year 2 1.000000 YR

Period of Performance: 06/01/2021 - 05/31/2022

Description: Regular Annual Maintenance

Reference Line: LSC20190229 - 0001

Pricing Options: Option

4 Cinema Equipment Maintenance - Option Year 3 1.000000 YR

Period of Performance: 06/01/2022 - 05/31/2023

Description: Regular Annual Maintenance

Reference Line: LSC20190229 - 0001

Pricing Options: Option

5 Cinema Equipment Maintenance - Option Year 4 1.000000 YR

Period of Performance: 06/01/2023 - 05/31/2024

Description: Regular Annual Maintenance

Reference Line: LSC20190229 - 0001

Pricing Options: Option

6 Cinema Equipment Maintenance - Option for

Extra Service Trip

1.000000 TRIP

Period of Performance: 06/01/2019 - 05/31/2024

Description: Extra Service Trip - option may be exercised multiple times, per 52.217-7 Option for Increased Quantity

Reference Line: LSC20190229 - 0001

Pricing Options: Option

Document Number: 030ADV19Q0225 Page 4 of 26

1 B - Supplies and Services

Section B - Supplies and Services General B.1 Offeror shall provide all supplies and/or perform the services described in Section C (Statement of Work) in accordance with the requirements of this Solicitation.

B.1 Pricing Offeror shall provide annual service visit pricing, for Base and Option Years, and optional extra service trip, in Section B.

B.2 Value of Award The Library anticipates the award of a single firm fixed price contract in connection with this solicitation.

LC52.216-3 Contract Type (JUN 2016)

This is a solicitation for a firm fixed price contract.

(End of Clause)

Section C - Descriptions/Specifications/Statement of Work

1 Section C: Description, Specification, Statement of Work

Annual Cinema Equipment Maintenance

C.1. OVERVIEW / BACKGROUND. The Library of Congress (Library) requires contract support for preventive main-tenance and repair of motion picture film and digital cinema projectors, and associated equipment, at 1) the Pickford Theater, Madison Building, Washington, D.C., 2) the Packard Campus Theater and 3) the Motion Picture Film Lab Screening Room at the Packard Campus, National Audio-Visual Conservation Center, in Culpeper, VA.

C.2. SCOPE. The Offeror shall provide repair services and routine preventive maintenance to motion picture film pro-jectors (both Kinoton and Century brands), Barco digital cinema projector, and related cinema equipment in each of the three locations.

Offeror shall provide maintenance services on the following items in three (3) locations as indicated:

C.2.1. MARY PICKFORD THEATER, MADISON BUILDING, WASHINGTON, D.C. (Room LM-302):

Line # BRAND MODEL DESCRIPTION QUANTITY 1 Century JJ2 film projector 2 2 ORCON (Optical Radi-ation Corporation) XH-16S xenon projector lamph-ouse

3 ORCON (Optical Radi-ation Corporation)

XPS-10S xenon power supply 2

4 Dolby Stereo MPU-1 magnetic preamplifier unit

5 Dolby Stereo CP200 processor unit 1 6 Dolby Stereo CP200 control unit 1 7 Dolby Stereo PS1B power supply 1 8 Kelmar Systems unknown excite supply 1

C.2.2. PACKARD CAMPUS THEATER AND PROJECTION BOOTH, NAVCC, Culpeper, VA (Rooms 1030 and 1032):

Line # BRAND MODEL DESCRIPTION Quantity 1 Barco DP4K-32B Digital Cinema Project-or System

2 Kinoton FP38E-Q Projector System 2 3 Kinoton FP75E-S Projector System 2 4 Kinoton LH7000W Lamphouse 4 5 JBL 4645 Speaker 1 6 JBL 4642A Subwoofer 2

Document Number: 030ADV19Q0225 Page 5 of 26

7 JBL 4648A Speaker 5 8 Dolby Panel Remote Unit Cat.

No. 204 Remote 4

9 Dolby CP-200 Cinema Processor 1 10 Dolby DA20 Cinema Processor 2 11 Dolby MPU-1 Cinematic Preamp 1 12 Dolby PS-1B Dolby Power Supply 2 13 DTS SR-A5 DTS Processor 1 14 Panastereo SR-35 Dolby Processor 3 15 QSC DCP300 Digital Cinema Pro-cessor

16 QSC DCA1222 Audio Amplifier 9 17 QSC DCA2422 Audio Amplifier 3 18 QSC DCA3422 Audio Amplifier 2 19 QSC DCM30 Audio Amplifier 1 20 IREM EX-170GM3 Power Supply 4 21 REMCOR CH250A Cooler 4 22 APC SMT1000RM2U Power Supply 1 23 APC SMX2200RMHV2U Power Supply 1 24 Extron SW4 HD 4K PlUS Switcher 1 25 Atlona AT-HDR-EX-70C HDR Receiver/Extender1 26 AJA Hi5-4K-PLUS SDI to HDMI Converter 1

C.2.3. MPFL SCREENING ROOM, NAVCC, Culpeper, VA. (Room 3270):

Line # BRAND MODEL DESCRIPTION Quantity 1 Kinoton FP38E-Q Projector System 2 2 Dolby DA20 Processor 1 3 Panastereo CSP1200 Processor 1 4 Panastereo Control Remote Control 2 5 QSC DCA-1622 Amplifier 4 6 QSC DCA-3022 Amplifier 1 7 IREM EX100GM/3 Power Supply 2 8 Kinoton Remote Projector Remote 1 9 REMCOR CH250A Cooler 2

C.2.4. In cases where machines must be taken out of service, maintenance of such machine will no longer be required as part of this maintenance contract. Any replacement equipment, if any, shall become part of the contract, provided they are of comparable make/model and are in within the scope of this contract.

C.3. REQUIREMENTS

The Offeror shall provide annual preventive maintenance (PM) on each of the projectors located at the three locations lis-ted above.

C.3.1 For Kinoton projectors, provide factory-authorized maintenance according to manufacturer’s recommended sched-ule, or as needed, including inspecting all wiring, mechanical and electrical parts, to ensure proper working order. Clean, lubricate and calibrate projectors.

C.3.2 For Century Projectors, Offeror shall inspect all wiring, mechanical and electrical parts, to ensure proper working or-der. Offeror shall clean, lubricate and calibrate projectors. This includes (but is not limited to):

• Adjusting tension

• inspect machines for safe transport of film through film path

• overall cleaning of projector

• assess image quality and adjust brightness, as necessary

• perform software and hardware upgrades

• repair or replace malfunctioning electrical equipment, fuses, wires, circuit boards

• Check cooling system

Document Number: 030ADV19Q0225 Page 6 of 26

• Assess and adjust lenses and aperture plates, as necessary C.3.3 For Barco Digital Projector: Offeror shall provide factory-authorized maintenance according to manufacturer’s re-commended schedule, or as needed, including inspecting all wiring, mechanical and electrical parts, to ensure proper working order. Offeror shall provide software upgrades.

C.3.4 Offeror shall provide factory authorized for Barco and Kinoton Projectors, provided such parts are still being manu-factured and/or are readily available for purchase.

C.3.5 The Service Provider shall provide subsequent repair visits, as needed, if problems are reported. Service Provider shall return phone calls within one business day. If urgent repairs are needed, visit must occur within five business days, or as agreed upon by both the vendor and the Library of Congress, dependent upon the nature of the problem. Written best estimate of repairs must be provided as soon as possible, so repair work can be authorized

C.3.6 Service Provider will provide all tools and equipment needed to service machines.

C.3.7 Service Provider shall submit a list of any routine parts and supplies that will be included in the cost of annual main-tenance.

C.3.8 If parts are needed outside of the routine parts list (either for upgrades or replacement of old parts), those will be purchased outside of this contract, by credit card or separate purchase request. Service Provider will work with LoC to ensure correct parts are acquired.

C.3.9 Service Provider must provide COR with overall condition report of machines in writing, detailing maintenance and repairs performed, and providing recommendations for additional work or parts, if any. Report must be provided within one month of visit.

C.4. CONTRACT PERFORMANCE

SCHEDULE OF EVENTS/DELIVERABLES

CLIN Paragraph reference Description of Event/De-liverable

Due date/Payment schedule

1 C.3 Annual maintenance visit Visit must be scheduled within 90 days of annual contract start date, and must occur be-fore end of contract year.

2 (option) C.3 Additional repair visits (as needed)

Must occur within 5 business days, unless agreed to an ex-tension by Library of Con-gress.

C.5. ADDITIONAL INFORMATION

C.5.1. PLACE OF PERFORMANCE. The work to be performed under the contract will be performed at two Library of Congress locations:

5.1.1. Madison Building, 101 Independence Ave. SE, Washington, D.C. 20540

5.1.2. Packard Campus for Audio-Visual Conservation, 19053 Mt. Pony Rd., Culpeper, VA 22701

C.5.2. HOURS OF OPERATION/SECURITY.

C.5.2.1. Service Provider staff may arrive no earlier than 8:00 a.m. and leave no later than 6:00 p.m., unless arrange-ments are made with the COR for additional times.

C.5.2.2 Service provider must submit to Library of Congress Security Clearances

• Service Provider personnel entering the Culpeper building must show credentials and sign in at the Security desk, and may be asked to have packages x-rayed or inspected upon arrival and departure

• Service Provider personnel must follow Library of Congress Security procedures for the Madison Building, which may include an off-site vehicle inspection. Details to be provided following award.

C.6. SPECIAL QUALIFICATIONS.

C.6.1. Offeror’s technician(s) providing service for Kinoton and Barco projectors are required to have factory-certified

Document Number: 030ADV19Q0225 Page 7 of 26 training from the manufacturers. Evidence of this training must be provided in proposal.

C.6.2. Technician(s) providing service to all other equipment must provide evidence of experience, knowledge, training or other qualifications.

C.7. KEY PERSONNEL.

Offeror shall assign a Main Point of Contact who must respond in a timely manner to questions and problems. If this Point of Contact is different than the Technician(s) servicing the equipment, Offeror shall provide a Technical Contact’s informa-tion, as well.

The Offeror’s Main Point of Contact and/or Technical Contact shall have full authority to act for the offeror on all contract matters relating to daily operation of this contract. Both contacts shall be available between Monday through Friday between the hours of 9:00 a.m. and 5:00 p.m., except Federal holidays or when the government facility is closed for ad-ministrative reasons.

C.8. CONTRACTOR TRAVEL.

All travel expenses are included in this contract as part of the overall maintenance visit(s) as well as the optional visit(s).

Offeror shall not charge additional travel expenses.

Section F - Deliveries or Performance

PERIOD OF PERFORMANCE

ITEM START END

1 06/01/2019 05/31/2020

2 06/01/2020 05/31/2021

3 06/01/2021 05/31/2022

4 06/01/2022 05/31/2023

5 06/01/2023 05/31/2024

6 06/01/2019 05/31/2024

1 Deliveries or Performance

F.1. The Potential Term of the Contract is anticipated to be June 1, 2019 to May 31, 2024, consisting of a Base Year and 4 Option years.

Section G - Contract Administration Data

LC52.201-3 Contract Administration (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 Email: jare@loc.gov

Library Contract Specialist Gail MacFarquhar The Library of Congress

Office of Contracts & Grants Management

Document Number: 030ADV19Q0225 Page 8 of 26

101 Independence Ave., S.E.

Washington D.C. 20540-9414 Phone: (202) 707 0724 Email: gmac@loc.gov

Library Contracting Officer Representative [Fill-in COR name] Phone: [Fill-in COR phone] Email: [Fill-in COR email]

Contractor Contract Administrator [Fill-in Contract Administrator Name] Phone: [Fill-in Contract Administrator phone] Email: [Fill-in Contract Administrator email]

(End of clause)

LC52.232-1 Library of Congress Invoicing 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).

G.1 The Contractor shall submit an invoice no more than monthly for each order for all Goods and Services delivered and approved by the COR during that one month period.

G.2 Invoices received before a shipment will be disapproved and will require resubmittal.

Section H - Special Contract Requirements

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)

LC52.237-1 Key Personnel (Aug 2014)

The personnel designated as key personnel in this contract are considered to be essential to the work being performed hereunder. At least 30 days prior to diverting any of the specified individuals to other programs or contracts or as soon as possible if an individual must be replaced, for example, as a result of leaving the employ of the contractor, the contractor shall notify the contracting officer and identify proposed substitutions. No diversion or substitution shall be made by the contractor without written consent of the con-tracting officer.

The following personnel have been identified as Key Personnel in the performance of this contract:

Position/Labor Category Name Program Manager __ Alt. Program Manager per C.6.1 __

Document Number: 030ADV19Q0225 Page 9 of 26

(End of clause)

52.217-7 Option for Increased Quantity - Separately Priced Line Item (Mar 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Of-ficer may exercise the option in CLIN line 6 by written notice to the Contractor five (5) days prior to performance. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

Section I - Contract Clauses

Clause Title Fill-ins

52.253-1 Computer Generated Forms (Jan 1991)

52.232-25 Prompt Payment (Jan 2017)

52.233-1 Disputes (May 2014)

52.212-4 Contract Terms and Conditions--Commercial Items (Jan 2017)

52.203-3 Gratuities (Apr 1984)

52.242-13 Bankruptcy (July 1995)

52.245-9 Use and Charges (Apr 2012)

52.245-1 Government Property (Jan 2017)

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Of-ficer may exercise the option by written notice to the Contractor within 45 days of Period of Performance end date..

(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

Document Number: 030ADV19Q0225 Page 10 of 26

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)

LC52.232-25 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)

LC52.233-1 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)

52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from July 23, 2018 through July 22, 2021.

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

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders -- Commercial Items (Oct 2018)

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) 52.203-19, 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) 52.204-23, 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).

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

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.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)).

Document Number: 030ADV19Q0225 Page 11 of 26

(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 (SEP 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 (JUN 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 Pro-posed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (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 (JUN 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 (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 (Nov 2016) of 52.219-9.

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

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

__ (v) Alternate IV (AUG 2018) 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—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 (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (JUN 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) (i) 52.222-26, Equal Opportunity (SEPT 2016)

(ii) Alternate I (Feb 1999) of 52.222-26.

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

(ii) Alternate I (July 2014) of 52.222-35.

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

__ (ii) Alternate I (July 2014) of 52.222-36.

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).

X (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commer-cially 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 (June, 2016) (E.O. 13693).

Document Number: 030ADV19Q0225 Page 12 of 26

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

__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) __ (43) 52.223-20, Aerosols (June, 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (June, 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 (AUG 2018) 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 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 (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 (Oct 2018) (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 U.S.C. 2631).

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

__ (iii) Alternate II (Feb 2006) 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 (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. 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) (AUG 2018) (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).

(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, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records re-lating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to

Document Number: 030ADV19Q0225 Page 13 of 26 appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available 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) of this paragraph 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 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) 52.204-23, 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 (Oct 2018) (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.

(v) 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.

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

(vii) 52.222-26, Equal Opportunity (Sept 2016) (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 (July 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (FEB 2016) (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 clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018)(41 U.S.C. chapter 67).

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

__ (B) Alternate I (Mar 2015) of 52.222-50 (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 (MAY 2014) (41 U.S.C. chapter 67).

(xv) 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).

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

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

(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 accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 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.

52.201-1 CONTRACTING OFFICER’S REPRESENTATIVE (COR) APPOINTMENT AND AUTHORITY (JAN 2016)

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 accom-plished 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:

Document Number: 030ADV19Q0225 Page 14 of 26

(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 opinion 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)

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

52.209-7 Information Regarding Responsibility Matters (Jul 2013)

(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.

(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

Document Number: 030ADV19Q0225 Page 15 of 26 maintaining an active registration in the System for Award Management database via https://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 paragraphs (b) of this provision if the Offeror has completed the annual representations and certifica-tion electronically via the System for Award Management (SAM) Web site located athttp://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.

“Forced or indentured child labor” means all work or service—

(6) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“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…