030ADV20Q0294 - CCH - Researcher.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

CIO20200175

5. SOLICITATION NUMBER

030ADV20Q0294

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) 202-707-0400

8. OFFER DUE DATE / LOCAL

TIME

08/11/2020 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

X RFQ IFB RFP

14. METHOD OF SOLICITATION

CODE15. DELIVER TO 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

See Line Item Detail

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

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

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

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

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

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

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

Document Number: 030ADV20Q0294 Page 1 of 31

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: 030ADV20Q0294 Page 2 of 31

Table of Contents

Section Description Page Number

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

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

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

E Inspection and Acceptance Section E Inspection and Acceptance

F Deliveries or Performance LC52.215-5 Place and Period of Performance (JAN 2019) Section F Deliveries or Performance

G Contract Administration Data LC52.201-3 Contract Administration (AUG 2015) LC52.204-5 Identification and Building Passes (Dec 2014) LC52.232-1 Library of Congress Invoice Instructions (Oct 2016) LC52.232-2 Schedule of Payments (JUN 2015)

H Special Contract Requirements LC52.201-1 Contracting Officer's Representative (COR) Appointment and Authority (Jan 2016) LC52.203-1 Contractor Publicity (Oct 2013) LC52.204-1 Collections Security (Dec 2013) LC52.204-2 Physical Security (Mar 2015) LC52.204-3 Information Systems Security (Sept 2018) LC52.204-4 Contractor Suitability (JAN 2019) LC52.209-1 Conflicts of Interest (Oct 2013) LC52.237-2 Conduct of Work (May 2015) LC52.239-1 Information Security (May 2016) LC52.244-1 Subcontract Notification (Oct 2016)

I Contract Clauses 52.203-3 Gratuities (Apr 1984) 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018) 52.232-25 Prompt Payment (Jan 2017) 52.233-1 Disputes (May 2014) 52.242-13 Bankruptcy (July 1995) 52.243-1 Alt I Changes-Fixed-Price (Aug 1987) - Alternate I (Apr 1984) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (JULY 2020) LC52.212-4 52.212-4 (DEV) Contract Terms and Conditions - Commercial Items (Feb 2016) LC52.212-5 52.212-5 (DEV) Contract Terms And Conditions Required To Implement Statutes Or Executive Orders - Commercial Items (MAY 2015) LC52.227-1 Assignment of Copyright by the Contractor to the Library (Dec 2001) LC52.228-70 Insurance Requirements - Work on Library Premises (Dec 2014) LC52.232-25 52.232-25 (DEV) Prompt Payment (Jul 2013) LC52.233-1 52.233-1 (DEV) Disputes (MAY 2014)

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

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 LC52.233-2 Protests to the Library of Congress (Dec 2013)

M Evaluation Factors for Award 52.212-2 Evaluations - Commercial Items

Document Number: 030ADV20Q0294 Page 3 of 31

Section B - Supplies or Services and Prices/Costs

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

1 Computing Cultural Heritage in the Cloud -

Research Services

1.000000 JOB

Period of Performance: 09/01/2020 - 08/31/2021

Reference Line: CIO20200175 - 0001

2 Travel and Other Expenses 1.000000 LOT

Period of Performance: 09/01/2020 - 08/31/2021

Reference Line: CIO20200175 - 0002

LC52.216-3 Contract Type (JUN 2016)

This is a Firm Fixed Price Purchase Order.

(End of Clause)

Section C - Descriptions/Specifications/Statement of Work

Section C Descriptions and Specifications

STATEMENT OF WORK

1. OVERVIEW / BACKGROUND:

The Library of Congress is the largest library in the world, with millions of books, recordings, photographs, newspapers, maps and manuscripts in its collections. The Library has dedicated significant resources to born-digital collecting and digitizing its tangible col-lections, resulting in many petabytes and many millions of files of digital materials that document some of the most important mo-ments and movements in U.S. and world history. These materials are made available through various library interfaces for searching and browsing so that patrons may view (or listen to) items from the collection. The Library’s Digital Strategy calls for increasing the creative use of these valuable digital collections, while respecting copyright and other restrictions, and for supporting emerging re-search methods such as text mining, machine learning, and network analysis. These methods frequently call for computationally in-tensive manipulations of collection materials that require new approaches to access and new service models from the Library.

LC Labs (Labs), a division in the Digital Strategy Directorate in the Office of the Chief Information Officer of the Library of Con-gress, was awarded an Andrew W. Mellon Foundation grant titled “Computing Cultural Heritage in the Cloud” to test a cloud-based approach for interacting with digital collections as data, supporting those researchers who are creatively applying emerging styles of research to Library material. The grant provides funds to contract with four Research Experts whose projects will require computa-tional access to Library Collections at a scale that is best served in a cloud environment. It will also fund two full-time Specialists to work in LC Labs to support the project. The grant also provides funds to contract with an expert who will gather documentation about the progress of the project as it is ongoing and produce reports to inform future service development at the Library, and within the broader cultural heritage community.

The mission of the Library is to engage, inspire, and inform Congress and the American people with a universal and enduring source of knowledge and creativity. The awardee will exercise a high degree of judgement with all communication during their contractual relationship with the Library, with the understanding that one of the Library’s primary purposes is to serve the United States Congress.

2. SCOPE:

Contractor shall document and report on the Computing Cultural Heritage in the Cloud project so that the lessons learned can be shared both within and external to the library.

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3. REQUIREMENTS:

Contractor shall review and summarize artifacts of project work, and progress reports from project participants, interview project staff, and observe meetings. From this, Contractor shall produce several reports, aimed internally for library staff and externally for the lar-ger cultural heritage community. These reports shall include descriptions of potential new services that adhere to the Library’s values while enabling broad and responsible access to collections.

3.1. Contractor shall collect and analyze data and document the project. Contractor shall be present on-site at the Library for meetings for 10 days (non-consecutive) between 01 September 2020 through 01 February 2021 to observe the project progress and to form a more detailed plan for project documentation throughout the rest of the project.

3.2. Contractor shall document the decisions made by researchers and Library staff over the course of the project and identify the tech-nical, socio-technical and organizational challenges that arise in order to make recommendations to the Library of Congress and the larger field. Contractor shall provide an interim report and final report, and attend in-person meetings to present on progress to date.

The process of reporting on the project will emerge and be set in consultation with the COR during the initial two month period of the contract’s period of performance. Contractor shall provide evidence and analysis to help Library staff evaluate the service models de-veloped to support the cloud environment for research.

3.3. The required interim report shall describe the goals and expectations of the project from the perspectives of stakeholders and will focus on cohort onboarding and initial content readying. The final report shall include designs for a service model created in collabor-ation with Library staff that the Library could consider implementing and would take advantage of the lessons learned in the project.

The report shall help the Library evaluate:

a)the usability and capabilities of the cloud environment and related data processing and transfer workflows, costs of data processing, content transfer and delivery, feasibility of connecting multiple cloud-compute vendors to a single cloud-hosted data vendor, feasibil-ity of monitoring and controlling cloud service costs accrued by non-staff users, and feasibility of the process for a cloud delivery and research support model at scale, extensible to the broader cultural heritage community.

b)findings about the variety and ranges of user expectations and required staff support to enable large-scale computational access to collections.

c)collection readiness information to support computational access, restricted content service, and/or increased digitization.

d)training required to prepare existing staff to participate in a service model.

3.4. Contractor has experience with interviews, participant observations of meetings, ethnographic and/or other qualitative methods, as well as collecting artifacts of the project and organizing materials both for reports. Information gathered by these methods will also be made available for use by the project team. Contractor shall analyze data independently and in coordination with project Principal In-vestigator and Co-Investigators. Contractor shall write reports for multiple audiences. Contractor shall have knowledge of library prac-tices and a basic understanding of data science and computational methods, especially at large scales.

4. OTHER REQUIREMENTS:

a) CONTRACTOR TRAVEL: Contractor will be required to travel to the Library of Congress Capitol Hill Campus during the per-formance for the contract to attend two meetings and conduct research for a period of twelve days (non-consecutive). Travel expenses will be covered for the two on-site meetings. Other travel will not be covered.

b) PLACE OF PERFORMANCE: Contractor shall work on site for at least twelve (12) days during the period of performance of this contract. The Library will provide a work space.

c) SUBCONTRACTS/MATERIAL HANDLING: Performance under this contract may require the contractor, upon written direction by the Contracting Officer to enter into subcontracts as described in LC52.244-1.

Document Number: 030ADV20Q0294 Page 5 of 31

Section D - Packaging and Marking

LC52.211-1 Deliveries (APR 2015)

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

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

b. Description of information/data being submitted

c. Contract Number

d. Contractor Name and Address

(End of clause)

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 E - Inspection and Acceptance

Section E Inspection and Acceptance

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

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

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

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

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

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

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

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

Section F - Deliveries or Performance

PERIOD OF PERFORMANCE

ITEM START END

1 09/01/2020 08/31/2021

2 09/01/2020 08/31/2021

LC52.215-5 Place and Period of Performance (JAN 2019)

Place of Performance: Library of Congress and Contractor's Office.

Document Number: 030ADV20Q0294 Page 6 of 31

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

The contractor is responsible for determining its hours of operation in fulfilling the requirements of this contract. The Library’s stand-ard operating hours are from 8:30 AM through 5:30 PM, Monday through Friday, excluding federal holidays. The contractor shall co-ordinate with the COR for any work to be conducted at Library facilities.

(End of Clause)

Section F Deliveries or Performance

See Attachment J-1.

Section G - Contract Administration Data

LC52.201-3 Contract Administration (AUG 2015)

This contract will be administered by:

Library Contracting Officer: Moji Adejuwon Address: The Library of Congress, Contracts and Grants Directorate, 101 Independence Ave., S.E.

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

Library Contract Specialist: Moji Adejuwon Address: The Library of Congress, Contracts and Grants Directorate, 101 Independence Ave., S.E.

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

Library Contracting Officer Representative: TBD at Contract Award Address: ____________________ Phone: __ Email: __

Contractor Contract Administrator: TBD at Contract Award Address: ____________________ Phone: __ Email: __

(End of clause)

LC52.204-5 Identification and Building Passes (Dec 2014)

(a) The Contractor shall schedule with the COR time for contractor staff to be available to receive Library-issued photo identification badges prior to starting work.

(b) The Contractor shall provide instruction and ensure that each employee performing work under this contract displays their photo-identification badges at all times they are present on-duty in the building. Refusal or repeated neglect to display the photo-identification may result in an unsuitability determination.

(c) Upon termination, resignation or other event leading to a contract employee leaving duty under this contract, the Contractor is re-sponsible for returning all Government identification, building passes, keys, and other Government property issued to that employee.

Failure on the part of the Contractor may result in the Contractor's liability for all costs associated with correcting the resultant breech in building security.

Document Number: 030ADV20Q0294 Page 7 of 31

(d) The requirements of this clause are applicable to and shall be observed by all subcontractors who perform work at all Library of Congress facilities.

(e) The Contractor shall ensure that all employees, both directly employed and subcontracted, contractor’s and sub-contractors, obtain Library ID badges. Badges shall be visibly displayed at all times while in Library premises. The Library will issue badges without charge. Contractor shall accurately maintain a list of employee badge number on the Employee Roster and provide updates to the COR upon request. An employee’s badge shall be returned within 5 days from the termination of that employee’s employment. All badges shall be returned at the completion/termination of the contract.

(End of clause)

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

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

(End of Clause)

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

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

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

Deliverable/Event Date As described in the Deliverable Schedule - Section F __

(End of clause)

Section H - Special Contract Requirements

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

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

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

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

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

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

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

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

Document Number: 030ADV20Q0294 Page 8 of 31

(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)

LC52.204-1 Collections Security (Dec 2013)

(1) The Library is a public institution responsible for making its resources (collections and staff) available to the Congress and the American people. To achieve a balance between access and security, the Library requires everyone (staff, visitors, interns, contractors, etc.), to always use due diligence and protect its assets during use.

(2) Physical access to Library collections is limited to staff and/or determined by the host office. In addition, established requesting processes in the various readings rooms must be followed.

(3) Loan Privileges. Contractor employees may obtain loans of Library property for internal use and Library work-related purposes.

(i) Loan of Library Property. All loans of Library property must be approved and documented by the host Library Services office.

Contractor staff shall obtain a Library "General Pass" (Form LW 12/54 (rev2/88)) for each loan.

(ii) Liability - Loss or Damage of Library Property. Use or loan of all Library property and signature on this contract means that the contractor acknowledges and agrees to: (a) ensure the return all Library property issued in the same condition as borrowed; (b) accept responsibility and liability for the negligent loss or damage of issued or borrowed Library property; and (c) ensure that the loaned property is used for Library purposes and not loaned to any other person.

(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)

LC52.204-3 Information Systems Security (Sept 2018)

(1) Computer Security Policy. The Library requires anyone using or accessing its digital assets (including networks, servers, worksta-tions, systems, data, web pages, and email) to protect them and use them only for official business, and only in accordance with Lib-rary regulations and applicable Library bargaining agreements. Unauthorized or inappropriate use may be grounds for termination or other contractual remedy.

(2) Privacy Policy. No one has the right to privacy while using any Library computer system, including internet or email services. Us-

Document Number: 030ADV20Q0294 Page 9 of 31 age may be monitored.

(3) Level of Access. The Host Office will determine the level of access to the Library’s IT equipment, staff and software needed to successfully perform under this Contract. Access may include, for example, email, word processing, internet, and intranet.

(4) Mandatory IT Security Training. Contractor personnel must successfully complete mandatory information systems security train-ing prior to use of or access to any of the Library’s digital assets. The required training is available online at ht-tp://www.loc.gov/extranet/cld/. Contractor staff with access to Library digital assets shall complete the information systems security training annually. The training is available on the Library intranet at: http://www.loc.gov/staff/cld/.

(End of clause)

LC52.204-4 Contractor Suitability (JAN 2019)

Work under this contract is unclassified. However, the Library of Congress has a contractor suitability program, which includes back-ground investigations of contractor personnel who will have regular, ongoing, unescorted access to the Library’s buildings, grounds, collections, or information technology systems to ensure they meet basic standards of honesty and trustworthiness.

(1) Any access to non-public Library facilities and information technology systems will require completion and successful vetting of a security application request (release forms, fingerprints, and, if applicable, E-QIP background investigation.) Contracts should anticip-ate a minimum of two weeks for the process, provided no adverse of incomplete information is received.

(2) The Library does not determine the suitability of employees to work for the contractor firm that hires them. The Library’s interest is in determining whether the contractor personnel should be granted access to Library facilities greater than the access that would be afforded to a member of the general public.

(3) The contractor will ensure the Library’s Personnel Security Office is notified of all changes to personnel performing work on this contract. The Personnel Security Office can be notified at the following email address: PSD@loc.gov and contacted via phone at:

(202) 707-5618.

(4) The fact that the Library may conduct background investigations on assigned contractor personnel does not relieve the contractor of the responsibility to provide qualified, reliable personnel of sound character and conduct.

(End of clause)

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

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

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

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

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

(End of clause)

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LC52.237-2 Conduct of Work (May 2015)

The personnel employed by the Contractor shall be capable employees qualified in this type of work. The Contractor shall be respons-ible for all damage to Library property by the activities of his employees resulting from these operations. The Contracting Officer may require removal from work on this contract any employee(s) that may be deemed incompetent, careless, insubordinate, unsuitable, or otherwise objectionable, or whose continued employment is deemed contrary to the public interest or inconsistent with the best in-terest of or the security of the Library.

(End of clause)

LC52.239-1 Information Security (May 2016)

The work to be conducted is considered SENSITIVE BUT UNCLASSIFIED pursuant to NIST SP 800-53 (rev 4) or current version.

The Contractor shall ensure that all non-public Library information processed under this contract shall be protected from unauthorized use and mishandling by the contractor. Information includes both hard copy (paper) formats and soft copy (stored in electronic form, e.g., hard disks, tapes, flash drives, CD-ROM, etc.)

a) The Contractor shall store hard copies and soft copy contained on removable media (e.g., tapes, floppy disks, CD-ROM/CD-R, flash drives, etc.) in a government approved storage container per the direction of the COR or the Library of Congress Project Man-ager when not under the direct control of Contractor Key Personnel.

b) The Contractor shall treat any information developed on security vulnerabilities and any Government provided non-public informa-tion as “Sensitive but Unclassified” information.

c) The Contractor personnel shall label and protect this information as “Security Category: Moderate”, placing this designation in the footer.

d) The Contractor shall ensure that all documents designated “Security Category: Moderate”, “Security Category: High” and “Limited Official Use Only” are not emailed to or from an external email system. These documents may only be emailed between Library of Congress email accounts, or within a secured corporate email network.

e) The Contractor shall ensure that all documents designated “Security Category: Moderate”, “Security Category: High” and “Limited Official Use Only” are shredded, burned or otherwise destroyed before being disposed of in accordance with applicable corporate and federal records management policies.

f) The Contractor shall dispose of all documents designated “Security Category: Moderate”, “Security Category: High” and “Limited Official Use Only” remaining in the Contractor’s possession at the end of the contract term.

g) The Contractor shall ensure that all Contractor workstations used to process Library information utilize anti-virus and anti-spyware utilities that are configured to continuously monitor and to automatically update as well as having automatic operating system patch-ing in place.

h) The Contractor shall ensure that all Contractor workstations used to process Library information employ a firewall that can either be software running on the workstation or a stand-alone firewall that protects the workstation from unauthorized access from any other devices, including devices on the Contractor’s corporate network.

i) The Contractor shall ensure that all Library information that is labeled “Security Category: Moderate”, “Security Category: High” and “Limited Official Use Only” is encrypted using a FIPS 140-2 validated application configured in FIPS mode (http://csrc.nist.gov/cryptval/). This includes information stored on internal hard drives and removable devices (e.g., CD-Rs, flash drives, etc.)

j) The Contractor must provide a written list of anti-virus, anti-spyware, firewall, encryption products, versions and proof of licenses, along with the automatic operating system patching status, MAC address (if applicable) and user name for each system being used to process Library information.

k) The Contractor shall not provide any government-furnished non-public documents, information, or licensed material in any form to anyone other than the Contracting Officer, the COR or the Library of Congress Project Manager without the written approval of the Contracting Officer, the COR, or the Library of Congress Project Manager during the period of this contract or at any time afterwards.

l) The Contractor shall not provide any non-public government documents or information related to IT Security in any form without the written approval of the Library’s IT Security Group.

m) The Contractor shall ensure that all Contractor personnel sign non-disclosure statements.

Document Number: 030ADV20Q0294 Page 11 of 31

n) The Contractor shall ensure that all Contractor personnel complete the Library of Congress IT Security Awareness Training on an annual basis.

(End of clause)

LC52.244-1 Subcontract Notification (Oct 2016)

(a) As used in this clause, “Subcontract” means any formal contract or agreement entered into by a subcontractor or consultant to fur-nish supplies or services for performance of this contract or an agreement to perform on future orders anticipated under the prime con-tract. It includes consultant agreements, teaming arrangements, and lower tier subcontracts, orders, and changes and modifications to such contracts and agreements.

(b) The following subcontracts are associated with this contract

Legal name of subcontractor Type or form of subcontract Description of the supplies or services Subcontract price

(c) The Contractor shall notify the Contracting Officer reasonably in advance of placing any subcontract or modification thereof, and shall report all subcontracts related to performance of this contract to the Contracting Officer within 30 days of contract award and an-nually within 30 days of the anniversary date of contract award during performance of this contract. The notification shall include:

(i) Legal name of subcontractor.

(ii) Type or form of subcontract.

(iii) Description of the supplies or services to be subcontracted.

(iv) Subcontract price.

(d) Consent of the contracting officer is required prior to entering into a formal subcontract agreement under this contract.

(e) The contractor shall disclose potential or actual conflicts of interest in accordance with the clause at LC52.209-1.

(End of Clause)

Section I - Contract Clauses

Clause Title Fill-ins

52.203-3 Gratuities (Apr 1984)

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

52.232-25 Prompt Payment (Jan 2017)

52.233-1 Disputes (May 2014)

52.242-13 Bankruptcy (July 1995)

52.243-1 Alt I Changes-Fixed-Price (Aug 1987) - Alternate I (Apr 1984)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (JULY 2020)

(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 Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provi-sions 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)52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

Document Number: 030ADV20Q0294 Page 12 of 31

(4)52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5)52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6)52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78

(19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being in-corporated 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 (June 2020), with Alternate I (Oct 1995)

(41U.S.C.4704 and10 U.S.C. 2402).

__ (2)52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (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 (Jun 2020) (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. (Jun 2020) (31 U.S.C. 6101 note).

_X_ (9)52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i)52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of52.219-3.

__ (12)

(i)52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of52.219-4.

__ (13) [Reserved]

__ (14) (i)52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) of52.219-6(15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of52.219-6.

__ (15)

(i)52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of52.219-7.

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

__ (17)

(i)52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of52.219-9.

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

__ (iv)Alternate III (Jun 2020) of52.219-9.

__ (v)Alternate IV (Jun 2020) of52.219-9

__ (18) (i)52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (Mar 2020) of52.219-13.

__ (19)52.219-14, Limitations on Subcontracting (Mar 2020) (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 (Mar 2020) (15 U.S.C. 657f).

__ (22) (i)52.219-28, Post Award Small Business Program Rerepresentation (May 2020) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of52.219-28.

__ (23)52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small

Business Concerns (Mar 2020) (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 (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

_X_ (27)52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_ (28)52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

_X_ (29)52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (30) (i)52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

Document Number: 030ADV20Q0294 Page 13 of 31

__ (31) (i)52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of52.222-35.

__ (32)

(i)52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of52.222-36.

_X_ (33)52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

__ (34)52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (35) (i)52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of52.222-50(22 U.S.C. chapter 78and E.O. 13627).

__ (36)52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in22.1803.)

__ (37)

(i)52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of52.223-9(42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38)52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.

13693).

__ (39)52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i)52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of52.223-13.

__ (41)

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

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

__ (42)52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (43)

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

__ (ii) Alternate I (Jun 2014) of52.223-16.

_X_ (44)52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (45)52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46)52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i)52.224-3Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of52.224-3.

__ (48)52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49) (i)52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C.chapter83,19 U.S.C. 3301note,19 U.S.C. 2112note,19 U.S.C. 3805note,19 U.S.C. 4001note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of52.225-3.

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

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

_X_ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq.,19 U.S.C. 3301 note).

_X_ (51)52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52)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. 2302Note).

__ (53)52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54)52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55)52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

__ (56)52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505,10 U.S.C. 2307(f)).

__ (57)52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C. 4505,10 U.S.C. 2307(f)).

_X_ (58)52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

__ (59)52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013)

(31 U.S.C. 3332).

__ (60)52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (61)52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (62)52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (63) (i)52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b)and10 U.S.C. 2631).

Document Number: 030ADV20Q0294 Page 14 of 31

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

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

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

[Contracting Officer check as appropriate.] __ (1)52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

__ (2)52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206and41 U.S.C. chapter 67).

__ (3)52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option

Contracts) (Aug 2018) (29 U.S.C. 206and41 U.S.C. chapter 67).

__ (4)52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014)

(29U.S.C.206and41 U.S.C. chapter 67).

__ (5)52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibra-tion, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6)52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-

Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (8)52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (9)52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this con-tract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR2.101, on the date of award of this contract, and does not contain the clause at52.215-2, Audit and Records-Negotiation.

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for ex-amination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FARsub-part 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records re-lating to 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 main-tain in the ordinary course of business or pursuant to a provision of law.

(e)

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

(i)52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).

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

(iii)52.204-23, Prohibition on Contracting for Hardware, Software, and…