030ADV20Q0174.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

RES20200034

5. SOLICITATION NUMBER

030ADV20Q0174

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

DATE

07/24/2020

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME Office of Contracts Management

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

TIME

08/10/2020 12:00:00

CODE 9411

Contracts & Grants Directorate 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

9411CODE15. DELIVER TO

Contracts & Grants Directorate Library of Congress 101 Independence Av SE LA 325 Washington, DC 20540-9411

CODE 941116. ADMINISTERED BY

Contracts & Grants Directorate 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

LOC-2020-4346XR-C4013-2009000303010000-840002-2675-2020

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 ARE X 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) James Summers

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

Document Number: 030ADV20Q0174 Page 1 of 44

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: 030ADV20Q0174 Page 2 of 44

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 C Descriptions & Specifications

D Packaging and Marking LC52.211-2 Deliveries to the Library of Congress, Capitol Hill Campus (FEB 2017) LC52.231-1 Payment of Postage Fees (May 2015)

F Deliveries or Performance F Deliveries or Performance 52.247-34 F.O.B. Destination (Nov 1991)

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

H Special Contract Requirements LC52.201-1 Contracting Officer's Representative (COR) Appointment and Authority (Jan 2016) LC52.203-1 Contractor Publicity (Oct 2013) LC52.204-2 Physical Security (Mar 2015)

I Contract Clauses 52.233-1 Disputes (May 2014) 52.212-4 Contract Terms and Conditions--Commercial Items (May 2015) 52.253-1 Computer Generated Forms (Jan 1991) 52.203-3 Gratuities (Apr 1984) 52.242-13 Bankruptcy (July 1995) LC52.212-4 52.212-4 (DEV) Contract Terms and Conditions - Commercial Items (Feb 2016) 52.245-1 Government Property (Jan 2017) 52.245-9 Use and Charges (Apr 2012) LC52.212-5 52.212-5 (DEV) Contract Terms And Conditions Required To Implement Statutes Or Executive Orders - Commercial Items (MAY 2015) LC52.233-1 52.233-1 (DEV) Disputes (MAY 2014) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Jan 2018) LC52.232-25 52.232-25 (DEV) Prompt Payment (Jul 2013) 52.217-8 Option to Extend Services (Nov 1999) 52.232-25 Prompt Payment (Jan 2017) 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.216-22 Indefinite Quantity (Oct 1995) LC52.216-1 Order Placement - Single Award Indefinite Delivery Indefinite Quantity (Feb 2016) LC52.216-2 Order Placement - Multiple Award Indefinite Delivery Indefinite Quantity (Feb 2016)...29

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

52.209-7 Information Regarding Responsibility Matters (Jul 2013) 52.212-3 Offeror Representations and Certifications-Commercial Items (Mar 2020)

L Instructions, Conditions and Notices to Offerors or Respondents 52.216-27 Single or Multiple Awards (Oct 1995) LC52.233-2 Protests to the Library of Congress (Dec 2013) LC52.215-3 Proposal Submission Instructions - Low Price Technically Acceptable (July 2016)

M Evaluation Factors for Award LC52.215-4 Evaluation - Low Price Technically Acceptable (July 2016)

Document Number: 030ADV20Q0174 Page 3 of 44

Section B - Supplies or Services and Prices/Costs

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

1 Retail Shop Merchandise IDIQ 1.000000 LOT

Period of Performance: 07/29/2020 - 07/30/2023

Reference Line: RES20200034 - 0001

LC52.216-3 Contract Type (JUN 2016)

This will be a Multiple Award IDIQ contract that permits firm fixed price orders.

(End of Clause)

Section C - Descriptions/Specifications/Statement of Work

C Descriptions & Specifications

C.1 Scope of Work

A. BACKGROUND

The Office of Business Enterprises administers the Library’s retail operation in support of its public outreach efforts. Through the Re-tail operation, books, prints, gifts and souvenirs are sold on a cost recovery basis through various retail channels. These channels in-clude its onsite Shop in the Thomas Jefferson building, online storewww.loc.gov/shopand other license agreements. Additionally, the shop supports numerous events within the Library, such as book readings, Madison Counsel and the National Book Festival.

B. SCOPE OF WORK

Business Enterprises seeks to establish purchase agreements to support merchandising for its retail operation with books, apparel, ac-cessories, gifts, souvenirs and other product categories suitable for a museum store/cultural institution operation. These agreements are meant to cover both open market and custom designs that reflect the Library’s vast collections, exhibitions and events. Procurements will be determined by Business Enterprises in accordance with which items/assortments support the value, trends, quality and delivery requirements deemed most beneficial to the Library of Congress and its constituents.

Vendors should provide their products to Business Enterprises at market-level wholesale/dealer costs. Agreements will be direct with the manufacturer or authorized distributor(s) of the products. Quoted costs will reflect published wholesale/reseller rates. When avail-able, the vendor will notify Business Enterprises of its volume, close-out, early-purchase and promotional discounts and terms in ac-cordance with industry standards for resellers via their normal communication channels (i.e. email, sales representatives). Business Enterprises will purchase products for distribution through its retail channels and in support of Library of Congress sponsored events.

C. REQUIREMENTS

C1. This agreement allows:

1. Business Enterprises unlimited access to purchase the vendors’ available product assortment.

2. Business Enterprises ability to purchase at published market costs, which will reflect all available discounts/terms, including discounts for volume, shipping, dating, early purchase, show specials or other wholesale offers.

3. Vendor agrees to utilize Business Enterprises’ designated freight carrier or shipping account (i.e. UPS, FedEx, or USPS). When shipping via common carrier, vendor agrees to follow security protocols for delivery to Capitol Hill locations.

4. Vendor agrees to adhere to the Library’s disbursement protocols.https://www.ipp.gov/

5. Vendor understands that the agreement is renewable on an annual basis, at which time pricing and product offering may be up-dated.

C2. All products quoted must include:

a) Vendor item/model number or ISBN number

b) Unit cost

c) Suggested retail (if available)

d) MOQ (minimum order quantity)

e) Master pack quantity

f) Production lead time (include calendar days from purchase order receipt to actual shipment from your shipping facility)

g) Additional fees: such as Setup fees or art fees, (as applicable)

Document Number: 030ADV20Q0174 Page 4 of 44

For proposals, bidders can supply the required information through online credentials/links to their wholesale portfolio, digital or pa-per catalogs or use the template provided (Attachment 1).

Bidder should include an image of each product proposed. If bidding on custom work, an image of a similar facsimile of the proposed item is acceptable. No samples are required.

C3. Vendor must have previous experience selling products to The Library of Congress’ retail shop or to stores in the museum or cultural commerce industry. Please provide three (3) industry store references (store name, address, buyer/director name, phone num-ber and email).

C4. Currently registered on SAM (System for Award Management),www.sam.govor ability to complete registration before award.

D. DELIVERABLES

D1. Please specify all of the product categories you have included in your proposal submission. Your proposal should include all products within the category that you would like to be considered for purchase. Bidders are not required to quote on all items in a product category or on all categories.

A template has been provided to help organize and clarify specifications. If you are not providing a catalog or digital link, the tem-plate must be used in order for the proposal to be considered. If not listed on the template, please add any products or product spe-cifications that you would like to be considered by the selection panel. Items submitted without complete information (as outlined in C2) will not be eligible for consideration.

Proposals will be evaluated on quantitative and qualitative factors. Quantitative factors include, but are not limited to unit price, MOQ (minimum order quantity) and delivery time frames. Qualitative factors include of evaluation product innovation and creativity based on product portfolio and past custom work (at Library or other institution) as illustrated in your proposal, item packaging and industry references feedback (see C3). Bidders can provide additional information regarding qualitative factors with a written addendum (no more than 100 words per category)- this is not a requirement.

There are ten major product categories, plus supplies. Unique specifications for each category are listed below. Within each category, bidder can add products that they think apply.

D1.1 Accessories -includes scarves, ties, hats/caps, umbrellas, bags, totes, umbrellas, socks, pouch, coin purse, belts and other per-sonal accessories.

Indicate level of design/development support. Indicate standard delivery time (calendar days) for samples. Specify fabrication and where made. Specify if able to include (sew) custom label.

D1.2 Apparel – includes t-shirts, tops/shirts, jackets, sweatshirts, hoodies, kimonos, sweaters, sleepwear, onesies, bibs Indicate level of design/development support. Indicate standard delivery time (calendar days) for samples. Specify fabrication and where made. Specify if able to include (sew) custom label. Indicate ability to pre-ticket products and associated cost.

D1.3 Books- includes front list, backlists List all imprints. Briefly indicate experience in coordinating with store staff to facilitate onsite events (ex. pre-signed books for author events, signage, return policy).

D1.4 Food/Beverage- includes candies, nuts, mints, water, cookies Indicate capabilities in providing custom labeling/packaging. Indicate level of design/development support. Indicate packaging type (i.e. recyclable code, sustainable, BPA free etc.). Specify your product dating and return policy. Specify if food product is imported.

D1.5 Giftware- trinket box, vase, platter, platter, bowl, cup/saucer, statue/figurine, ornament, frame, candle, tray

Indicate level of design/development support. Indicate standard delivery time (calendar days) for samples. Specify material type and country of origin. Specify if includes presentation or gift boxed/packaged. Specify if handmade. Indicate if custom back-stamp avail-able.

D1.6 Housewares- clocks, coasters, pillows, throw, tea towels, trivets, lamps, placemats, runners, barware, mugs, tumblers, cutting board Indicate level of design/development support. Indicate standard delivery time (calendar days) for samples. Specify fabrication and where made. Indicate any custom labeling.

D1.7 Jewelry – earrings, necklaces, bracelets, watches/timepieces, pins, pendants, rings Indicate level of design/development support. Indicate standard delivery time (calendar days) for samples. Specify if includes present-ation or gift boxed/packaged.

D1.8 Souvenirs- ink pen, pencil, lanyard, button, patch, neck wallet, bell, spoon, coins, pennant, playing card, magnet, snowglobe/ waterglobe, thimble, tattoo, penny smashing machine, key chain Indicate level of design/development support. Indicate standard delivery time (calendar days) for samples. Indicate if offsite ware-housing is available. Indicate ability to pre-ticket products and associated cost.

D1.9 Stationery- journals, jotters, bookends, calendars, portfolios, postcards, note cards, boxed writing instruments (fine pens and pencils), bookmarks, book lights Indicate level of design/development support. Indicate standard delivery time (calendar days) for samples. Indicate ability to barcode products and associated cost.

D1.10 Toys/Games- puzzles, games, plush, baseballs, golf balls, squeeze toy, board game, electronic games Indicate level of design/development support. Indicate standard delivery time (calendar days) for samples.

D1.11 Store Supplies/Packaging- paper bags, plastic bags, provenance cards, labels, boxes Indicate level of design/development support. Indicate if offsite warehousing is available. Indicate any green or recycled features (i.e.

recyclable, percentage of post consumer), Document Number: 030ADV20Q0174 Page 5 of 44

D2. Vendor will ship each order by the date specified on the P.O. (purchase order) or receive advance written approval by Business Enterprises for acceptance of an alternate delivery date.

D3. Vendor must be able to fulfill each P.O. within two shipments. Shipments outside of this standard will be refused at vendors cost unless prior written permission by Business Enterprises has been given.

D4. Vendor must provide business contacts (name, phone, email) for billing, shipping and sales related issues. Contact office should be available Monday through Friday with specified business hours.

D4. Mis-shipments and shipment errors will be redirected to sender at the vendor’s cost.

D5. Business Enterprises standard payment terms are Net 30 from receipt of goods. Note: Vendor should estimate approximately 5 (five) additional days in transit, to accommodate inspection at our offsite facility before delivery to Capitol Hill.

D6. All invoices must be itemized and cite the purchase order and task order number. Pricing will be confirmed at the time the order is placed.

E. KEY PERSONNEL REQUIREMENTS

Account contact information (business hours, name, direct phone and email address) should be provided for:

1) sales representative (can respond to pricing, availability, customer service)

2) product development specialist (if applicable)

3) shipping and delivery

4) billing/accounting personnel

There are no other personnel requirements.

Section D - Packaging and Marking

LC52.211-2 Deliveries to the Library of Congress, Capitol Hill Campus (FEB 2017)

Safety - Trucks making deliveries to the Library of Congress must meet the following minimum clearances: 13 feet high, 9 feet wide, and 20 feet long. Contractor vehicles exceeding that limitation shall not be permitted access to the loading dock area. The Contractor shall ensure that ceiling, doors, or walls are not disturbed or damaged.

Security - The contractor must adhere to all Library of Congress and U.S. Capitol Police physical security protocols and offsite screen-ing procedures. These requirements may change during the course of the contract and it is the responsibility of the contractor to stay in compliance with current regulations. The most current procedures for accessing only the Madison Loading Dock are as follows:

SCREENING PROCESS FOR ALL VEHICLES COMING TO LIBRARY OF CONGRESS LOADING DOCKS & JEFFER- SON EAST PARKING LOT FREIGHT ELEVATOR (includes all trucks, cars and vans coming to the LC Capitol Hill cam-pus) Empty Vehicles are now required to be screened at the OSDC 24 HOURS PRIOR TO ARRIVAL (48-72 hours if pos-sible)

Vendors provide a letter on company letterhead containing truck make, model, tag number, driver’s name, date of birth, social security number and driver’s license number and state of issue to their LC contact. The LC contact for this contract will be the COR. The LC Contact then faxes or e-mails driver & vehicle information to the OSDC at (202) 563-5140 or e-mails to kendrick.young@uscp.gov and sylvia.washington@uscp.gov

All deliveries must include a Bill of Lading and designate a Library Point of Contact (POC) name and telephone number for deliveries. If making more than one delivery on the Hill, make the Library of Congress your last stop. If you do not you will have to go through the screening process again after leaving the Library.

Vehicles leaving the Library are not resealed.

DELIVERIES BEFORE 7:00 p.m. - Off-Site Delivery Center (OSDC) (Open 4:30 a.m. to 7:00 p.m. Mon-Fri.), 4700 Shepherd Parkway S.W. for screening by the U.S. Capitol Police. Once cleared, proceed to D Street and Delaware Avenue S.W. to gain access to Capitol Hill. The OSDC phone number is (202) 224-0202.

Vehicle enters the OSDC:

1. Drivers information is checked.

2. Truck unloaded and material X-rayed and screened.

3. Material is replaced and the vehicle is sealed.

4. Vehicle proceeds to Delaware Avenue, seal is verified, and truck is cleared to first destination.

5. If multiple deliveries on the Hill the vehicle will be resealed upon departure from each delivery location – except the Library of Congress.

6. Vehicle arrives at the Library of Congress. The seal is verified and removed by the police.

Document Number: 030ADV20Q0174 Page 6 of 44

DELIVERIES AFTER 7:00 p.m. - ALL DELIVERIES / With Coordination with U.S.C.P. Library Division

Provide all information as above and copy the Library Division at police_support@loc.gov (underscore between police & support) and a fax to 202-707-1030 and include the estimated arrival time. The inspection location is the 600 block of New Jersey Ave. S.E. near the power plant. Call the Library Division at 202-707-1000 who will arrange for the vehicle to be swept. The vehicle will then be es-corted to the library. All containers have a designated placement location and the Contractor shall not leave any container in any area but those identified in this contract. This expressly designates Independence Avenue, C Street, 1st, 2nd, 3rd Streets and East Capitol Street, SE as areas off limits for staging of containers. Contractor’s and contractor’s subcontractor’s delivery vehicles shall have clearly identified company signage. Driver and all onsite staff shall wear distinguishable company uniform and/or company ID. The Contractor shall not travel beyond the dock area of the Madison Loading Dock. The Contractor shall comply with the Library security procedures. Contractor will be briefed by the COR on Library security procedures currently in effect. The security procedures vary periodically.

With proper coordination, vehicles that have already been screened, can park overnight Friday in the secure Madison Building loading dock area for unloading on Saturday morning. While the Madison Loading dock routinely closes at 3:00pm, it can be re-opened by US Capitol Police to accommodate this option.

(End of clause)

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

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

(End of clause)

Section F - Deliveries or Performance

PERIOD OF PERFORMANCE

ITEM START END

1 07/29/2020 07/30/2023

F Deliveries or Performance

F.1

52.242-15 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984) 52.247-34 F.O.B. Destination (NOV 1991)

52.247-34 F.O.B. Destination (Nov 1991)

Document Number: 030ADV20Q0174 Page 7 of 44

(1)(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

(End of clause)

Section G - Contract Administration Data

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)

LC52.201-3 Contract Administration (AUG 2015)

This contract will be administered by:

Library Contracting Officer:

James Summers Address: The Library of Congress, Contracts and Grants Directorate, 101 Independence Ave., S.E.

Washington D.C. 20540-9414 Email: jasu@loc.gov

Library Contract Specialist:

Jacob Sheets Address: The Library of Congress, Contracts and Grants Directorate, 101 Independence Ave., S.E.

Washington D.C. 20540-9414 Email: jsheets@loc.gov

Library Contracting Officer Representative:

Wallace Parry Email: wparry@loc.gov

Contractor Contract Administrator: TBD Address: TBD Phone: TBD Email: TBD

(End of clause)

Section H - Special Contract Requirements

Document Number: 030ADV20Q0174 Page 8 of 44

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

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

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

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

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

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

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

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

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

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

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

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

(End of clause)

LC52.203-1 Contractor Publicity (Oct 2013)

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

LC52.204-2 Physical Security (Mar 2015)

Access to Library buildings and grounds is governed by 36 C.F.R. part 702 - Conduct on Library Premises. Contractor staff must com-ply with requirements and restrictions and related Library of Congress Regulations and Directives.

(End of clause)

Section I - Contract Clauses

Clause Title Fill-ins

52.233-1 Disputes (May 2014)

52.212-4 Contract Terms and Conditions--Commercial Items (May 2015)

52.253-1 Computer Generated Forms (Jan 1991)

52.203-3 Gratuities (Apr 1984)

Document Number: 030ADV20Q0174 Page 9 of 44

Clause Title Fill-ins

52.242-13 Bankruptcy (July 1995)

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)

52.245-1 Government Property (Jan 2017)

(a) Definitions. As used in this clause--

"Cannibalize" means to remove parts from Government property for use or for installation on other Government property.

"Contractor-acquired property" means property acquired, fabricated, or otherwise provided by the Contractor for performing a con-tract, and to which the Government has title.

"Contractor inventory" means--

(1) Any property acquired by and in the possession of a Contractor or subcontractor under a contract for which title is vested in the Government and which exceeds the amounts needed to complete full performance under the entire contract;

(2) Any property that the Government is obligated or has the option to take over under any type of contract, e.g., as a result either of any changes in the specifications or plans thereunder or of the termination of the contract (or subcontract thereunder), before comple-tion of the work, for the convenience or at the option of the Government; and

(3) Government-furnished property that exceeds the amounts needed to complete full performance under the entire contract.

"Contractor's managerial personnel" means the Contractor's directors, officers, managers, superintendents, or equivalent representat-ives who have supervision or direction of--

(1) All or substantially all of the Contractor's business;

(2) All or substantially all of the Contractor's operation at any one plant or separate location; or

(3) A separate and complete major industrial operation.

(a) "Demilitarization" means rendering a product unusable for, and not restorable to, the purpose for which it was designed or is cus-tomarily used.

"Discrepancies incident to shipment" means any differences (e.g., count or condition) between the items documented to have been shipped and items actually received.

"Equipment" means a tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a contract. Equipment is not intended for sale, and does not ordinarily lose its identity or become a component part of another article when put into use. Equipment does not include material, real property, special test equipment or special tooling.

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"Government-furnished property" means property in the possession of, or directly acquired by, the Government and subsequently fur-nished to the Contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and prop-erty furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes contractor-acquired property if the contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

"Government property" means all property owned or leased by the Government. Government property includes both Government-fur-nished and Contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.

"Loss of Government property" means unintended, unforeseen or accidental loss, damage or destruction to Government property that reduces the Government's expected economic benefits of the property. Loss of Government property does not include purposeful de-structive testing, obsolescence, normal wear and tear or manufacturing defects. Loss of Government property includes, but is not lim-ited to--

(1) Items that cannot be found after a reasonable search;

(2) Theft;

(3) Damage resulting in unexpected harm to property requiring repair to restore the item to usable condition; or

(4) Destruction resulting from incidents that render the item useless for its intended purpose or beyond economical repair.

"Material" means property that may be consumed or expended during the performance of a contract, component parts of a higher as-sembly, or items that lose their individual identity through incorporation into an end item. Material does not include equipment, spe-cial tooling, special test equipment or real property.

"Nonseverable" means property that cannot be removed after construction or installation without substantial loss of value or damage to the installed property or to the premises where installed.

"Precious metals" means silver, gold, platinum, palladium, iridium, osmium, rhodium, and ruthenium.

"Production scrap" means unusable material resulting from production, engineering, operations and maintenance, repair, and research and development contract activities. Production scrap may have value when re-melted or reprocessed, e.g., textile and metal clippings, borings, and faulty castings and forgings.

"Property" means all tangible property, both real and personal.

"Property Administrator" means an authorized representative of the Contracting Officer appointed in accordance with agency proced-ures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a Contractor.

"Property records" means the records created and maintained by the contractor in support of its stewardship responsibilities for the management of Government property.

"Provide" means to furnish, as in Government-furnished property, or to acquire, as in contractor-acquired property.

"Real property" See Federal Management Regulation 102-71.20 (41 CFR 102-71.20).

"Sensitive property" means property potentially dangerous to the public safety or security if stolen, lost, or misplaced, or that shall be subject to exceptional physical security, protection, control, and accountability. Examples include weapons, ammunition, explosives, controlled substances, radioactive materials, hazardous materials or wastes, or precious metals.

"Unit acquisition cost" means--

(1) For Government-furnished property, the dollar value assigned by the Government and identified in the contract; and

(2) For contractor-acquired property, the cost derived from the Contractor's records that reflect consistently applied generally accepted accounting principles.

(b) Property management.

(1) The Contractor shall have a system of internal controls to manage (control, use, preserve, protect, repair, and maintain) Govern-ment property in its possession. The system shall be adequate to satisfy the requirements of this clause. In doing so, the Contractor shall initiate and maintain the processes, systems, procedures, records, and methodologies necessary for effective and efficient control

Document Number: 030ADV20Q0174 Page 11 of 44 of Government property. The Contractor shall disclose any significant changes to its property management system to the Property Ad-ministrator prior to implementation of the changes. The Contractor may employ customary commercial practices, voluntary consensus standards, or industry-leading practices and standards that provide effective and efficient Government property management that are necessary and appropriate for the performance of this contract (except where inconsistent with law or regulation).

(2) The Contractor's responsibility extends from the initial acquisition and receipt of property, through stewardship, custody, and use until formally relieved of responsibility by authorized means, including delivery, consumption, expending, sale (as surplus property), or other disposition, or via a completed investigation, evaluation, and final determination for lost property. This requirement applies to all Government property under the Contractor's accountability, stewardship, possession or control, including its vendors or subcon-tractors (see paragraph (f)(1)(v) of this clause).

(3) The Contractor shall include the requirements of this clause in all subcontracts under which Government property is acquired or furnished for subcontract performance.

(4) The Contractor shall establish and maintain procedures necessary to assess its property management system effectiveness and shall perform periodic internal reviews, surveillances, self assessments, or audits. Significant findings or results of such reviews and audits pertaining to Government property shall be made available to the Property Administrator.

(c) Use of Government property.

(1) The Contractor shall use Government property, either furnished or acquired under this contract, only for performing this contract, unless otherwise provided for in this contract or approved by the Contracting Officer.

(2) Modifications or alterations of Government property are prohibited, unless they are--

(i) Reasonable and necessary due to the scope of work under this contract or its terms and conditions;

(ii) Required for normal maintenance; or

(iii) Otherwise authorized by the Contracting Officer.

(3) The Contractor shall not cannibalize Government property unless otherwise provided for in this contract or approved by the Con-tracting Officer.

(d) Government-furnished property.

(1) The Government shall deliver to the Contractor the Government-furnished property described in this contract. The Government shall furnish related data and information needed for the intended use of the property. The warranties of suitability of use and timely delivery of Government-furnished property do not apply to property acquired or fabricated by the Contractor as contractor-acquired property and subsequently transferred to another contract with this Contractor.

(2) The delivery and/or performance dates specified in this contract are based upon the expectation that the Government-furnished property will be suitable for contract performance and will be delivered to the Contractor by the dates stated in the contract.

(i) If the property is not delivered to the Contractor by the dates stated in the contract, the Contracting Officer shall, upon the Contract-or's timely written request, consider an equitable adjustment to the contract.

(ii) In the event property is received by the Contractor, or for Government-furnished property after receipt and installation, in a condi-tion not suitable for its intended use, the Contracting Officer shall, upon the Contractor's timely written request, advise the Contractor on a course of action to remedy the problem. Such action may include repairing, replacing, modifying, returning, or otherwise dispos-ing of the property at the Government's expense. Upon completion of the required action(s), the Contracting Officer shall consider an equitable adjustment to the contract (see also paragraph (f)(1)(ii)(A) of this clause).

(iii) The Government may, at its option, furnish property in an "as-is" condition. The Contractor will be given the opportunity to in-spect such property prior to the property being provided. In such cases, the Government makes no warranty with respect to the ser-viceability and/or suitability of the property for contract performance. Any repairs, replacement, and/or refurbishment shall be at the Contractor's expense.

(3)(i) The Contracting Officer may by written notice, at any time--

(A) Increase or decrease the amount of Government-furnished property under this contract;

(B) Substitute other Government-furnished property for the property previously furnished, to be furnished, or to be acquired by the Contractor for the Government under this contract; or

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(C) Withdraw authority to use property.

(ii) Upon completion of any action(s) under paragraph (d)(3)(i) of this clause, and the Contractor's timely written request, the Con-tracting Officer shall consider an equitable adjustment to the contract.

(e) Title to Government property.

(1) All Government-furnished property and all property acquired by the Contractor, title to which vests in the Government under this paragraph (collectively referred to as "Government property"), is subject to the provisions of this clause. The Government shall retain title to all Government-furnished property. Title to Government property shall not be affected by its incorporation into or attachment to any property not owned by the Government, nor shall Government property become a fixture or lose its identity as personal prop-erty by being attached to any real property.

(2) Title vests in the Government for all property acquired or fabricated by the Contractor in accordance with the financing provisions or other specific requirements for passage of title in the contract. Under fixed price type contracts, in the absence of financing provi-sions or other specific requirements for passage of title in the contract, the Contractor retains title to all property acquired by the Con-tractor for use on the contract, except for property identified as a deliverable end item. If a deliverable item is to be retained by the Contractor for use after inspection and acceptance by the Government, it shall be made accountable to the contract through a contract modification listing the item as Government-furnished property.

(3) Title under Cost-Reimbursement or Time-and-Material Contracts or Cost-Reimbursable line items under Fixed-Price contracts.

(i) Title to all property purchased by the Contractor for which the Contractor is entitled to be reimbursed as a direct item of cost under this contract shall pass to and vest in the Government upon the vendor's delivery of such property.

(ii) Title to all other property, the cost of which is reimbursable to the Contractor, shall pass to and vest in the Government upon--

(A) Issuance of the property for use in contract performance;

(B) Commencement of processing of the property for use in contract performance; or

(C) Reimbursement of the cost of the property by the Government, whichever occurs first.

(f) Contractor plans and systems.

(1) Contractors shall establish and implement property management plans, systems, and procedures at the contract, program, site or entity level to enable the following outcomes:

(i) Acquisition of Property. The Contractor shall document that all property was acquired consistent with its engineering, production planning, and property control operations.

(ii) Receipt of Government Property. The Contractor shall receive Government property and document the receipt, record the informa-tion necessary to meet the record requirements of paragraph (f)(1)(iii)(A)(1) through (5) of this clause, identify as Government owned in a manner appropriate to the type of property (e.g., stamp, tag, mark, or other identification), and manage any discrepancies incident to shipment.

(A) Government-furnished property. The Contractor shall furnish a written statement to the Property Administrator containing all rel-evant facts, such as cause or condition and a recommended course(s) of action, if overages, shortages, or damages and/or other dis-crepancies are discovered upon receipt of Government-furnished property.

(B) Contractor-acquired property. The Contractor shall take all actions necessary to adjust for overages, shortages, damage and/or other discrepancies discovered upon receipt, in shipment of Contractor-acquired property from a vendor or supplier, so as to ensure the proper allocability and allowability of associated costs.

(iii) Records of Government property. The Contractor shall create and maintain records of all Government property accountable to the contract, including Government-furnished and Contractor-acquired property.

(A) Property records shall enable a complete, current, auditable record of all transactions and shall, unless otherwise approved by the Property Administrator, contain the following:

(1) The name, part number and description, National Stock Number (if needed for additional item identification tracking and/or dis-position), and other data elements as necessary and required in accordance with the terms and conditions of the contract.

(2) Quantity received (or fabricated), issued, and balance-on-hand.

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(3) Unit acquisition cost.

(4) Unique-item identifier or equivalent (if available and necessary for individual item tracking).

(5) Unit of measure.

(6) Accountable contract number or equivalent code designation.

(7) Location.

(8) Disposition.

(9) Posting reference and date of transaction.

(10) Date placed in service (if required in accordance with the terms and conditions of the contract).

(B) Use of a Receipt and Issue System for Government Material. When approved by the Property Administrator, the Contractor may maintain, in lieu of formal property records, a file of appropriately cross-referenced documents evidencing receipt, issue, and use of material that is issued for immediate consumption.

(iv) Physical inventory. The Contractor shall periodically perform, record, and disclose physical inventory results. A final physical in-ventory shall be performed upon contract completion or termination. The Property Administrator may waive this final inventory re-quirement, depending on the circumstances (e.g., overall reliability of the Contractor's system or the property is to be transferred to a follow-on contract).

(v) Subcontractor control.

(A) The Contractor shall award subcontracts that clearly identify items to be provided and the extent of any restrictions or limitations on their use. The Contractor shall ensure appropriate flow down of contract terms and conditions (e.g., extent of liability for loss of Government property.

(B) The Contractor shall assure its subcontracts are properly administered and reviews are periodically performed to determine the ad-equacy of the subcontractor's property management system.

(vi) Reports. The Contractor shall have a process to create and provide reports of discrepancies, loss of Government property, physical inventory results, audits and self-assessments, corrective actions, and other property-related reports as directed by the Contracting Of-ficer.

(vii) Relief of stewardship responsibility and liability. The Contractor shall have a process to enable the prompt recognition, investiga-tion, disclosure and reporting of loss of Government property, including losses that occur at subcontractor or alternate site locations.

(A) This process shall include the corrective actions necessary to prevent recurrence.

(B) Unless otherwise directed by the Property Administrator, the Contractor shall investigate and report to the Government all incid-ents of property loss as soon as the facts become known. Such reports shall, at a minimum, contain the following information:

(1) Date of incident (if known).

(2) The data elements required under (f)(1)(iii)(A).

(3) Quantity.

(4) Accountable contract number.

(5) A statement indicating current or future need.

(6) Unit acquisition cost, or if applicable, estimated sales proceeds, estimated repair or replacement costs.

(7) All known interests in commingled material of which includes Government material.

(8) Cause and corrective action taken or to be taken to prevent recurrence.

(9) A statement that the Government will receive compensation covering the loss of Government property, in the event the Contractor was or will be reimbursed or compensated.

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(10) Copies of all supporting documentation.

(11) Last known location.

(12) A statement that the property did or did not contain sensitive, export controlled, hazardous, or toxic material, and that the appro-priate agencies and authorities were notified.

(C) Unless the contract provides otherwise, the Contractor shall be relieved of stewardship responsibility and liability for property when--

(1) Such property is consumed or expended, reasonably and properly, or otherwise accounted for, in the performance of the contract, including reasonable inventory adjustments of material as determined by the Property Administrator;

(2) Property Administrator grants relief of responsibility and liability for loss of Government property;

(3) Property is delivered or shipped from the Contractor's plant, under Government instructions, except when shipment is to a subcon-tractor or other location of the Contractor; or

(4) Property is disposed of in accordance with paragraphs (j) and (k) of this clause.

(viii) Utilizing Government property.

(A) The Contractor shall utilize, consume, move, and store Government Property only as authorized under this contract. The Contract-or shall promptly disclose and report Government property in its possession that is excess to contract performance.

(B) Unless otherwise authorized in this contract or by the Property Administrator the Contractor shall not commingle Government ma-terial with material not owned by the Government.

(ix) Maintenance. The Contractor shall properly maintain Government property. The Contractor's maintenance program shall enable the identification, disclosure, and performance of normal and routine preventative maintenance and repair. The Contractor shall dis-close and report to the Property Administrator the need for replacement and/or capital rehabilitation.

(x) Property closeout. The Contractor shall promptly perform and report to the Property Administrator contract property closeout, to include reporting, investigating and securing closure of all loss of Government property cases; physically inventorying all property upon termination or completion of this contract; and disposing of items at the time they are determined to be excess to contractual needs.

(2) The Contractor shall establish and maintain Government accounting source data, as may be required by this contract, particularly in the areas of recognition of acquisitions, loss of Government property, and disposition of material and equipment.

(g) Systems analysis.

(1) The Government shall have access to the…